HomeMy WebLinkAboutAgreement A-14-670-3 with Bedard Controls Inc..pdf Agreement No. 14-670-3
1 THIRD AMENDMENT TO AGREEMENT
2 THIS THIRD AMENDMENT to Agreement No. 14-670 ( "Amendment III") is made and
3 entered into this 1st day of May , 2018, 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 and
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")to provide for additional services and to
14 increase the maximum compensation accordingly; and
15 WHEREAS, COUNTY and CONTRACTOR entered into a Second Amendment to
16 Agreement No. 14-670, dated July 12, 2016 ("Amendment II")to provide a Direct Digital Control
17 (DDC) upgrade for its Building Management System at the Fresno County Main Jail and to
18 increase the maximum compensation accordingly; and
19 WHEREAS, COUNTY AND CONTRACTOR now desire to further amend the Agreement
20 to accommodate an even higher volume of needed additional services and to further increase
21 the maximum compensation payable hereunder.
22 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
23 which is hereby acknowledged, COUNTY and CONTRACTOR agree to amend the Agreement as
24 follows:
25 The portion of Section VI. COMPENSATION/INVOICING of Agreement No. 14-670, as
26 amended and set forth in Amendment I I beginning on page 1, line 23 with the word "The" and
27 ending on page 2, line 9 with the word "CONTRACTOR.," is hereby deleted and replaced with the
28 following:
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1 "Notwithstanding any other provision of this Agreement, in no event shall the maximum
2 total compensation for Additional Fees and Materials exceed a total of$1,972,028 for the entire
3 potential five-year term of this Agreement.
4 C) TOTAL CONTRACT AMOUNT
5 In no event shall the maximum total compensation payable under this Agreement
6 exceed $2,000,000 over the entire potential five (5) year term of this Agreement. It is
7 understood that all expenses incidental to CONTRACTOR's performance of services under
8 this Agreement shall be borne by CONTRACTOR."
9 COUNTY and CONTRACTOR agree that this Amendment III is sufficient to amend the
10 Agreement and that upon execution of this Amendment III, the Agreement, Agreement I,
11 Agreement II, and this Amendment III, shall together constitute the complete Agreement
12 between the parties.
13 The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
14 covenants, conditions and promises contained in the Agreement and not amended herein shall
15 remain in full force and effect.
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1 EXECUTED AND EFFECTIVE as of the date first above set forth.
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3 CONTRACTOR COUNTY OF FRESNO
4 qrh
5 I Q i ero, hairperson of the Board
S of the County of Fresno
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7 'Paul E. Bedard,
President
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13 Elizabeth edard,
Secretary/Treasurer
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15 ATTEST:
Bernice E. Seidel
16 4644 W Suite 103 Clerk of the Board of Supervisors
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F o, C 9372 County of Fresno, State of California
1 g Bedard COntrols 'nC-
1,521 T011house RD
19 Suite D�J3611
20 Ctovjs�, CAS
By:
21 111eWuty
22 FOR ACCOUNTING USE ONLY:
23 ORG No.: 8935
Account No.: 7205.
24 Fund: 1045
Subclass: 10000
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