HomeMy WebLinkAboutOn file with Clerk - First Amendment to Agreement A-20-207 with Integrated.pdf 1 AMENDMENT NO. #1 TO SERVICE AGREEMENT
2 This Amendment No. 1 to Service Agreement ("Amendment No.1") is dated
3 October 25, 2022 and is between NOBICO INC. dba Integrated Electronics, a California
4 corporation, whose address is 2576 N. Bundy Drive, Fresno, CA 93727 ("Contractor"), and the
5 County of Fresno, a political subdivision of the State of California ("County").
6 Recitals
7 A. On June 9, 2020, the County and the Contractor entered into agreement for
8 Closed-Circuit Television Systems (CCTV): Installation, Maintenance, and Repair, which is
9 County agreement No. A-20-207 ("Agreement"), for maintenance, repair, replacement, and
10 installation of CCTV systems. The County's demand for these services has increased since the
11 parties entered into the Agreement, and to provide for such increased services. The County and
12 the Contractor now desire to amend the Agreement to increase the total compensation under
13 the Agreement.
14 B. The Agreement had an initial term of three (3) years, which may be extended for two (2)
15 additional one (1) year periods, upon the written approval of both parties. The initial term of
16 three years will expire on June 18, 2023.
17 C. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy
18 of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
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20 1. Section V. COMPENSATION, page 5, line 25 through page 6, line 7 of the Agreement is
21 deleted in its entirety and replaced with the following:
22 "In no event shall the compensation paid for services or goods pursuant to this
23 Agreement during the total possible five-year term exceed one million five hundred
24 thousand dollars ($1,500,00)."
25 2. Section XVI ENTIRE AGREEMENT, page 13, line 7 through page 14, line 2, of the
26 Agreement is deleted and replaced with the following
27 "This Agreement constitutes the entire agreement between the Contractor and County
28 with respect to the subject matter hereof, and supersedes all previous Agreement
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1 negotiations, proposals, commitments, writings, advertisements, publications, and
2 understandings of any nature whatsoever unless expressly included in this Agreement.
3 In the event of any inconsistency in interpreting the documents comprising this
4 Agreement, the inconsistency shall be resolved by giving precedence in the following
5 order of priority: (1) the text of this Amendment No. 1, (2) the Agreement, excluding
6 the Quotation Schedule - Pricing (Attachment A to the Agreement) and (3) the
7 Quotation Schedule — Pricing (Attachment A to the Agreement)."
8 3. When both parties have signed this Amendment No. 1, the Agreement and this
9 Amendment No. 1 together constitute the Agreement."
10 4. The Contractor represents and warrants to the County that:
11 a. The Contractor is duly authorized and empowered to sign and perform its obligations
12 under this Amendment No. 1.
13 b. The individual signing this Amendment No. 1 on behalf of the Contractor is duly
14 authorized to do so and his or her signature on this Amendment No. 1 legally binds
15 the Contractor to the terms of this Amendment No. 1.
16 5. The parties agree that this Amendment No. 1 may be executed by electronic signature
17 as provided in this section.
18 a. An "electronic signature" means any symbol or process intended by an individual
19 signing this Amendment No. 1 to represent their signature, including but not limited
20 to (1) a digital signature; (2) a faxed version of an original handwritten signature; or
21 (3) an electronically scanned and transmitted (for example by PDF document)
22 version of an original handwritten signature.
23 b. Each electronic signature affixed or attached to this Amendment No. 1 (1) is deemed
24 equivalent to a valid original handwritten signature of the person signing this
25 Amendment No. 1 for all purposes, including but not limited to evidentiary proof in
26 any administrative or judicial proceeding, and (2) has the same force and effect as
27 the valid original handwritten signature of that person.
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1 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
2 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
3 2, Title 2.5, beginning with section 1633.1).
4 d. Each party using a digital signature represents that it has undertaken and satisfied
5 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
6 through (5), and agrees that each other party may rely upon that representation.
7 e. This Amendment No. 1 is not conditioned upon the parties conducting the
8 transactions under it by electronic means and either party may sign this Amendment
9 No. 1 with an original handwritten signature.
10 6. This Amendment No. 1 may be signed in counterparts, each of which is an original, and
11 all of which together constitute this Amendment No. 1.
12 7. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
13 provisions of the Agreement not amended by this Amendment No. 1 remain in full force and
14 effect.
15 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause.
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NOBICO, INC. dba Integrated Electronics COUNTY OF FRESNO
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6 Norm Dimick, President/CEO Brian Pacheco, Chairman of the Board of
Supervisors of the County of Fresno
7 Nobico Inc. dba Integrated Electronics
2576 N. Bundy Drive Attest:
8 Fresno, CA 93727 Bernice E. Seidel
Clerk of the Board of Supervisors
9 County of Fresno, State of California
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By:
11 Deputy
12 For accounting use only:
13 Org No.: 8970
Account No.: 7205
14 Fund No.: 1035
Subclass No.: 10000
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