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HomeMy WebLinkAboutAgreement A-14-689-1 with AssetWorks LLC.pdf Agreement No. 14-689-1 1 FIRST AMENDMENT TO AGREEMENT 2 THIS AMENDMENT ONE to Agreement No. 14-689 ("First Amendment") is made and entered 3 into this 12th day of January , 2016, by and between the County of Fresno, a political 4 subdivision of the State of California, hereinafter referred to as "COUNTY", and AssetWorks LLC, 5 whose address is 998 Old Eagle School Road, Suite 1215 Wayne, PA 19087-1805, hereinafter 6 referred to as "CONTRACTOR". 7 WITNESSETH: 8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. 14-689, dated 9 December 2, 2014 ("Agreement") pursuant to which CONTRACTOR agreed to provide 10 - maintenance, support, and upgrades for COUNTY's licensed software system consisting of 11 FleetFocus FA and FuelFocus; and 12 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement to include 13 additional services and upgrades, and to increase the total compensation accordingly. 14 NOW, THEREFORE, COUNTY and CONTRACTOR agree to amend the Agreement as 15 follows: 16 1. Subsection A of Section VI. COMPENSATION/INVOICING, asset forth in the 17 Agreement on page 9, at lines 19-24, is deleted in its entirety and replaced with the 18 following: 19 "A)ANNUAL MAINTENANCE AND SUPPORT FEES (CALENDAR YEAR) 20 1. Total Annual Maintenance and Support Fees for 1400 Units: $28,030.00 21 2. Annual fees for additional web modules starting January 1, 2016: 22 Enterprise portal, performance measures & monitors, motor pool reservations, shop activity, 23 customer access, KPI/Dashboards, reporting and Crystal reports embedded: $6,784.00 24 CONTRACTOR may increase annual fees upon thirty (30) days' advance written notice to 25 COUNTY, provided that CONTRACTOR may not increase any such fees more than once in 26 any one year period, and provided further that each increase will not exceed the previous 27 fees by any more than three percent (3%)." 28 -1- 1 2. The portion of Section VI. COMPENSATION/INVOICING as set forth in the Agreement 2 on page 10, beginning on line 10 with the word "In" and ending on line 11 with the word 3 "Agreement" is deleted in its entirety and replaced with the following: 4 "in no event shall services performed under this Agreement be in excess of 5 $202,196.80 during the entire potential five (5) year term of this Agreement. 6 COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend the 7 Agreement, and that upon execution of this First Amendment, the Agreement and this First 8 Amendment shall together be considered the Agreement. 9 The Agreement, as hereby amended, is ratified and continued. All provisions, terms, 10 covenants, conditions and promises contained in the Agreement and not amended herein shall 11 remain in full force and effect. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the day 2 and year first hereinabove written. 3 4 CONTRACTOR COUNTY OF FRESNO 5 44 AssetW ro LLC 998 OI agle S o0 oad, Ernest Buddy Mendes 6 Suite 1 kT6 Wayne, PA 19 Chairman, Board of Supervisors 7 6toe�IV 8 Secr a /Treasure 9 10 DATE: DATE: I Z,3 I /A 01?.L)I L9 11 ATTEST: 12 n n 13 Bernice E. Seidel 14 Clerk Board of Supervisors 15 16 REVIEWED & RECOMMENDED FOR APPROVAL 17 18 Robert W. Bash,19 Director of Internal Services/ 20 Chief Information Officer 21 APPROVED AS TO LEGAL FORM APPROVED AS TO ACCOUNTING FORM 22 Daniel C. Cederborg, County Counsel Vicki Crow, C.P.A. Auditor-Controller/Treasurer-Tax Collector 23 24 25 B D puty By 26 FOR ACCOUNTING USE ONLY: ORG No.: 8910 27 Account No./Fund:7309/0001/10000 28 -3-