HomeMy WebLinkAboutAgreement A-22-470 Amendment V to Agreement.pdf Agreement No. 22-470
1 AMENDMENT V TO AGREEMENT
2 THIS AMENDMENT V TO AGREEMENT (Amendment V) is made and entered into this
3 25th day of October 2022, by and between COUNTY OF FRESNO, a political subdivision of
4 the State of California, Fresno, California ("COUNTY"), and Renew Auto Body & Paint, a California
5 corporation, whose address is 1567 N. Effie St, Fresno, CA 93703 and Greenway Auto Body, a
6 California corporation, whose address is 1497 N. Blackstone, Fresno, CA 93703 (collectively,
7 "CONTRACTORS").
8 WITNESSETH:
9 WHEREAS, COUNTY and CONTRACTORs entered into Master Agreement No. P-18-412-Q,
10 dated August 1, 2018 ("Agreement"), pursuant to which CONTRACTORs agreed to provide accident
11 damage repairs and body parts repairs for Sheriff's Office fleet vehicles to COUNTY;
12 WHEREAS, on November 8, 2018, COUNTY and CONTRACTORs entered into AMENDMENT
13 NUMBER ONE (1) ("Amendment I") to increase the discount for parts to 10% for Greenway Auto
14 Body's cost list;
15 WHEREAS, on August 11, 2020, COUNTY and CONTRACTORs entered into AMENDMENT
16 NUMBER TWO (2) ("Amendment II"), to increase the Master Agreement total compensation amount
17 by $60,000.00, for a total of$159,999.00;
18 WHEREAS, on January 28, 2021, COUNTY and CONTRACTORs entered into AMENDMENT
19 NUMBER THREE (3) ("Amendment III"), for another increase of the total compensation amount of the
20 Master Agreement by $40,000, for a total of$199,999, due to the increase of accidents;
21 WHEREAS, on August 10, 2021, COUNTY and CONTRACTORs entered into AMENDMENT
22 NUMBER FOUR (4) ("Amendment IV"), converting the Master Agreement No. P-18-412-Q into Board
23 Agreement No. A-21-594, and providing for another increase to the Master Agreement total
24 compensation amount of$100,001, for a total of$300,000, due to the increase of accidents;
25 WHEREAS, COUNTY has a need for additional services for accident damage repairs and body
26 parts repairs; and
27 WHEREAS, COUNTY and CONTRACTORs again desire to amend the Agreement to increase
28 the maximum contract compensation value by $200,000, for a total of$500,000, due to the increase of
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1 accidents involving Sheriff's Office fleet vehicles.
2 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
3 is hereby acknowledged, COUNTY and CONTRACTORs agree as follows:
4 1. The paragraph entitled "MAXIMUM" on Page one (1) of the Agreement is
5 deleted in its entirety, and replaced with the following:
6 "MAXIMUM:
7 In no event shall compensation paid for services performed under this
8 Agreement exceed Five Hundred Thousand Dollars ($500,000.00)."
9 COUNTY and CONTRACTORs agree that this Amendment V is sufficient to amend the
10 Agreement as amended by Amendment I, Amendment II, Amendment III, and, Amendment IV, and
11 that upon execution of this Amendment V, the Agreement as amended, Amendment I, Amendment 11,
12 Amendment III, Amendment IV, and this Amendment V shall together be considered "the Agreement."
13 The parties agree that this Amendment V may be executed by electronic signature as provided
14 in this section. An "electronic signature" means any symbol or process intended by an individual
15 signing this Amendment to represent their signature, including but not limited to (1) a digital signature;
16 (2) a faxed version of an original handwritten signature; or(3) an electronically scanned and
17 transmitted (for example by PDF document) of a handwritten signature. Each electronic signature
18 affixed or attached to this Amendment V is deemed equivalent to a valid original handwritten signature
19 of the person signing this Amendment V for all purposes, including but not limited to evidentiary proof
20 in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original
21 handwritten signature of that person. The provisions of this section satisfy the requirements of Civil
22 Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
23 Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital signature represents that it
24 has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a),
25 paragraphs (1) through (5), and agrees that each other party may rely upon that representation. This
26 Amendment V is not conditioned upon the parties conducting the transactions under it by electronic
27 means and either party may sign this Amendment V with an original handwritten signature.
28 The Agreement, as amended, is ratified, and continued. All provisions, terms, covenants,
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1 conditions, and promises contained in the Agreement as amended, and not further amended herein
2 shall remain in full force and effect.
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1 EXECUTED AND EFFECTIVE as of the date first above set forth.
2 CONTRACTOR COUNTY OF FRESNO
Renew Auto Body& Paint,
3 A Califor..i Lion p�
4 ►L
5 'Vmthignature) Brian Pacheco, Chairman of the Board of
6 ( v Supervisors of the County of Fresno
A67 int Name &Title
8 1567 N. Effie St.
9 Fresno, CA 93703
Mailing Address ATTEST:
10 Bernice E. Seidel
Clerk of the Board of Supervisors
11 CONTRAC OR County of Fresno, State of California
Gree ay to Body
12 A Calf n orpor n
13 L
14 (Autho iz d natur )
15 - 1
Print Name &Title
16
17
1497 N. Blackstone Ave.
18 Fresno, CA 93703
Mailing Address
19
By:
20
Deputy
21 FOR ACCOUNTING USE ONLY:
22 Fund: 0001
23 Subclass: 10000
24 ORG: 31113229
25 Account: 7206
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