HomeMy WebLinkAboutAgreement A-14-670-2 with Bedard Controls Inc..pdf Agreement No. 14-670-2
1 SECOND AMENDMENT TO AGREEMENT
2 THIS SECOND AMENDMENT to Agreement No. 14-670 ( "Amendment II") is made and
3 entered into this 12th day of July , 2016, by and between the County of Fresno,
4 a political subdivision of the State of California (hereinafter"COUNTY"), and Bedard Controls, Inc.,
5 a California corporation whose address is 4644 W. Jennifer Ave. #103 Fresno, CA 93722
6 (hereinafter"CONTRACTOR").
7 WITNESSETH:
8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. 14-670, dated
9 October 28, 2014 ( "Agreement") pursuant to which CONTRACTOR agreed to provide
10 troubleshooting maintenance, support, and upgrades for Metasys hardware and Application
11 Data Server Software (hereinafter ADS); and
12 WHEREAS, COUNTY and CONTRACTOR entered into a First Amendment to Agreement
13 No. 14-670, dated October 13, 2015 ( "Amendment I") pursuant to which CONTRACTOR agreed
14 to provide additional services, and upgrades; and
15 WHEREAS, COUNTY has the need for a Direct Digital Control (DDC) upgrade for its
16 Building Management System at the Fresno County Main Jail; and
17 WHEREAS, COUNTY AND CONTRACTOR now desire to further amend the Agreement
18 in order to include the DDC upgrade and increase the maximum compensation amount
19 accordingly.
20 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
21 which is hereby acknowledged, COUNTY and CONTRACTOR agree to amend the Agreement as
22 follows:
23 The portion of the existing Agreement No. 14-670, as set forth in Amendment I on page
24 1, beginning on line 18 with the word "In" and ending on line 24 with the word "CONTRACTOR,"
25 is hereby deleted and replaced with the following:
26 "In no event shall these Additional Fees and Materials exceed the following yearly
27 maximums:
28 Year 1 - $75,000
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1 Year 2 - $166,000
2 Year 3 - $75,000
3 Year 4 - $75,000
4 Year 5 - $75,000
5 C)TOTAL CONTRACT AMOUNT
6 In no event shall services performed under this Agreement be in excess of$493,972 during
7 the entire potential five (5) year term of this Agreement. It is understood that all expenses incidental
8 to CONTRACTOR'S performance of services under this Agreement shall be borne by
9 CONTRACTOR."
10 This Amendment II will be effective upon execution. COUNTY and CONTRACTOR
11 agree that this Amendment II is sufficient to amend the Agreement. Upon execution of this
12 Amendment II, the Agreement, Amendment I, and this Amendment II shall together be
13 considered the Agreement.
14 The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
15 covenants, conditions and promises contained in the Agreement and not amended herein shall
16 remain in full force and effect.
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1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment II as of the day and
2 year first hereinabove written.
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4 CONT TOR COUNTY OF FRESNO
5 '�/�_ 'f 1&41 L
6 PaL . Bedard, President Ernest Buddy Mendes
Chairman, Board of Supervisors
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8
ATTEST:
9 ElizabU Bedard, Secretary/Treasurer Bernice E. Seidel
10 Clerk, Board of Supervisors
11 DATE: _l c ,,a ) AD 1 (..P ���-nr� — 0
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14 REVIEWED & RECOMMENDED FOR
APPROVAL
15
Robert W. Bash,
16 Director of Internal Services/
Chief Informa ion Officer
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18 By: .
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20 APPROVED AS TO LEGAL FORM APPROVED AS TO ACCOUNTING FORM
Daniel C. Cederborg, County Counsel Vicki Crow, C.P.A
21 Auditor-Controller/Treasurer-Tax Collector
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By:
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25 FOR ACCOUNTING USE ONLY:
26 Org No.:8935
27 Account No./Fund:7205/1045/10000
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