HomeMy WebLinkAboutAgreement A-22-554 Amendment II to Agreement w EZappt.pdf Agreement No. 22-554
1 AMENDMENT NO. #2 TO SERVICE AGREEMENT
2 This Amendment No. 2 to Service Agreement ("Amendment No. 2") is dated
3 November 29, 2022 and is between EZAPPT, LLC, a Domestic LLC ("Contractor"), and the
4 County of Fresno, a political subdivision of the State of California ("County").
5 Recitals
6 A. On August 7, 2018, the County and the Contractor entered into AGREEMENT, which is
7 County agreement number 18-438 ("Agreement"), for an automated client appointment
8 management system.
9 B. On June 9, 2020, the County and the Contractor entered into Amendment I to
10 Agreement for additional system enhancements.
11 C. WHEREAS, County requires additional time and services from Contractor to align with
12 the implementation of the new California Statewide Automated Welfare System (CaISAWS), as
13 well as enhancements required by Contractor; and
14 D. WHEREAS, the parties desire to amend the Agreement regarding changes as stated
15 below and restate the Agreement in its entirety.
16 E. The County and the Contractor now desire to further amend the Agreement to extend
17 the term and funding, respectively.
18 The parties therefore agree as follows:
19 1. Section two (2) of the Agreement located on page two (2), lines two (2) through five (5),
20 ending with the word "period" is deleted in its entirety and replaced with the following:
21 "The term of this Agreement shall be for a period of five years and four months,
22 commencing on August 7, 2018 through and including December 31, 2023.
23 2. Section 4 of the Agreement as previously amended located at page three (3), lines nine
24 (9) through fourteen (14), ending with the word "Contractor" is deleted in its entirety and
25 replaced with the following:
26 "In no event shall services performed under this Agreement be in excess of Two
27 Hundred Fifty-Three Thousand, Four Hundred and No/100 Dollars ($253,400.00). It is
28 understood that all expenses incidental to CONTRACTOR's performance of services
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1 under this Agreement shall be borne by CONTRACTOR".
2 3. That all references in existing COUNTY Agreement No. A-18-438-1 to Exhibit B shall be
3 changed to read "Revised Exhibit B-1," which is attached hereto and incorporated herein
4 by this reference.
5 4. When both parties have signed this Amendment No. 2, the Agreement, 18-438-1 and
6 this Amendment No. 2 together constitute the Agreement.
7 5. The Contractor represents and warrants to the County that:
8 a. The Contractor is duly authorized and empowered to sign and perform its obligations
9 under this Amendment.
10 b. The individual signing this Amendment on behalf of the Contractor is duly authorized
11 to do so and his or her signature on this Amendment legally binds the Contractor to
12 the terms of this Amendment.
13 6. The parties agree that this Amendment may be executed by electronic signature as
14 provided in this section.
15 a. An "electronic signature" means any symbol or process intended by an individual
16 signing this Amendment to represent their signature, including but not limited to (1) a
17 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
18 electronically scanned and transmitted (for example by PDF document) version of an
19 original handwritten signature.
20 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
21 equivalent to a valid original handwritten signature of the person signing this
22 Amendment for all purposes, including but not limited to evidentiary proof in any
23 administrative or judicial proceeding, and (2) has the same force and effect as the
24 valid original handwritten signature of that person.
25 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
26 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
27 2, Title 2.5, beginning with section 1633.1).
28 d. Each party using a digital signature represents that it has undertaken and satisfied
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1 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
2 through (5), and agrees that each other party may rely upon that representation.
3 e. This Amendment is not conditioned upon the parties conducting the transactions
4 under it by electronic means and either party may sign this Amendment with an
5 original handwritten signature.
6 7. This Amendment may be signed in counterparts, each of which is an original, and all of
7 which together constitute this Amendment.
8 8. The Agreement as previously amended and as amended by this Amendment No. 2 is
9 ratified and continued. All provisions of the Agreement as previously amended and not
10 amended by this Amendment No. 2 remain in full force and effect.
11 [SIGNATURE PAGE FOLLOWS]
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I The parties are signing this Amendment No. 2 on the date stated in the introductory
2 clause.
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EZappt, LLC COUNTY OF FRESNO
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2 A ��5 _ . r�
6 Lynn Svy6k,,CE0 Brian Pacheco, Chairman of the Board of
Supervisors of the County of Fresno
7 12020 S. Warner-Elliot Loop, Ste. 101
Phoenix, AZ 85044 Attest:
8 Bernice E. Seidel
Clerk of the Board of Supervisors
g County of Fresno, State of California
10 A41-
By:
11 D uty
12 For accounting use only:
13 Org No.: 56108550
Account No.: 7295
14 Fund No.: 0001
Subclass No.: 10000
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Revised Exhibit B-1
Page 1 of 1
Rate Sheet
EZappt, LLC
Automated Client Appointment Management System
Annual Support and Maintenance Quantity Unit Cost TOTAL
August 2018 - June 2019 — (Billed Annually) 1 $16,100.00 $16,100.00
July 2019 - June 2020- (Billed Annually) 1 $16,500.00 $16,500.00
July 2020 - June 2021 — (Billed Annually) 1 $16,900.00 $16,900.00
July 2021 - June 2022 — (Billed Annually) 1 $17,300.00 $17,300.00
July 2022 - Dec. 2023 — (Billed Annually) 1 $17,700.00 $17,700.00
$84,500.00
Software Extended Support Quantity Unit Cost TOTAL
August 2018 - June 2019 (Billed Hourly) 339 $100/hour $33,900.00
July 2019 - June 2020 (Billed Hourly) 350 $100/hour $35,000.00
July 2020 - June 2021 (Billed Hourly) 300 $100/hour $30,000.00
July 2021 - June 2022 (Billed Hourly) 200 $100/hour $20,000.00
July 2022 - Dec. 2023 (Billed Hourly) 500 $100/hour $50,000.00
$168,900.00