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HomeMy WebLinkAboutAgreement A-23-423 First Amendment to Agreement with American Alarm.pdf Agreement No. 23-423 1 AMENDMENT NO. 1 TO SERVICE AGREEMENT 2 This Amendment No. 1 to Service Agreement is dated August 22, 2023 and is 3 between American Alarm Co., Inc., a California corporation ("Contractor"), and the County of 4 Fresno, a political subdivision of the State of California ("County"). 5 Recitals 6 A. On August 9, 2022, the County and the Contractor entered into that certain agreement 7 with the Contractor, which is County agreement number A-22-345 ("Agreement"), for a term of 8 one (1) year, to be automatically extended for four (4) additional consecutive twelve (12) month 9 periods, for upgraded security electronic control system services at the Juvenile Justice 10 Campus (JJC), located at 3333 E American Fresno, CA 93725. 11 B. Following the execution of the Agreement and upon near completion of the upgrade 12 project, the County and the Contractor recognized that the existing security control equipment, 13 located in the Central Control, Detention Unit Housing, and Commitment Housing areas are too 14 antiquated and as such they are unable to support the updated software. 15 C. The County and the Contractor now desire to amend the Agreement to increase the 16 maximum compensation under the Agreement to address the County's need to upgrade 17 additional security control equipment workstations. 18 The parties therefore agree as follows: 19 1. Section 6 of the Agreement located on page 15 lines 3-10 is deleted in its entirety and 20 replaced with the following: 21 "The County agrees to pay, and the Contractor agrees to receive, compensation 22 for work performed by the Contractor's staff at the rates described in Attachment 23 A, which is attached and incorporated by this reference. In no event shall 24 compensation paid for services in the first year of the Agreement exceed 25 $850,000. In no event shall total maximum compensation paid in the second year 26 of the Agreement exceed $750,000. An additional $150,000 for as- needed 27 maintenance is available for use throughout all terms of the agreement. In the 28 event the total compensation amount for each year is not fully expended, the 1 1 remaining unspent funding amounts shall roll over into each subsequent year's 2 established maximum compensation. The total amount of compensation paid to 3 Contractor over the potential five (5) year term shall not exceed $1,750,000. 4 2. Section 3 of the Agreement located on Attachment A page 1 is deleted in its entirety and 5 replaced with the following: 6 "Installation of Security Control Equipment (within First Year of the Agreement 7 shall include: 8 . Install new Harding Digital Communication Controller and connect to 9 current wiring for existing intercom substations. Existing intercom 10 substations and wiring are standard 25/70v, 2 or 4 wire devices. 11 . (20) ELO Touch 2415L Entuitive 24" Touchscreen Monitor 12 . (20) Dell Computer Workstation 13 . (18) Harding DCC S100 Digital Communication Controller 14 . (13) Harding DCE S100 Digital Communication Controller Expander 15 . (20) APC Smart-UPS power supply for Touch Screens 16 . (20) Harding IP Desk top Intercom Master Station 17 . (20) WonderWare© HMI Software for Touch Screens 18 • (16) Harding ICE—322 2-Gang IC w/ pushbutton and custom mount. 19 3. Section 18 ENTIRE AGREEMENT located on page 22 lines 15-18 is deleted and 20 replaced with the following: 21 "This Agreement constitutes the entire Agreement between the Contractor and 22 the County with respect to the subject matter hereof and supersedes all previous 23 Agreement negotiations, proposals, commitments, writings, advertisements, 24 publications, and understandings of any nature whatsoever unless expressly 25 included in this Agreement. In the event of any inconsistency in interpreting the 26 documents which constitute this Agreement, the inconsistency shall be resolved 27 b giving precedence in the following order of priority: 1 the text of this Y9� 9p 9 P Y� ( ) 28 2 1 Amendment No. 1; (2) the Agreement including the Attachments to the 2 Agreement; and (3) the Attachments to the Agreement. 3 4. When both parties have signed this Amendment No. 1, the Agreement and this 4 Amendment No. 1 together constitute the Agreement. 5 5. The Contractor represents and warrants to the County that: 6 a. The Contractor is duly authorized and empowered to sign and perform its obligations 7 under this Amendment No. 1. 8 b. The individual signing this Amendment No. 1 on behalf of the Contractor is duly 9 authorized to do so and his or her signature on this Amendment No. 1 legally binds 10 the Contractor to the terms of this Amendment No. 1. 11 6. This Amendment No. 1 may be signed in counterparts, each of which is an original, and 12 all of which together constitute this Amendment No. 1. 13 7. The Agreement as amended by this Amendment No. 1 is ratified and continued. All 14 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and 15 effect. 16 [SIGNATURE PAGE FOLLOWS] 17 18 19 20 21 22 23 24 25 26 27 28 3 1 The parties are signing this Amendment No, 1 on the date stated in the introductory 2 clause. 3 AMERICAN ALARM CO., INC. COUNTY OF FRESNO 4 5 Z)a y4 b-fig-. P DrMd Miller{Jul 23,2023 07,27 PDT') 6 David Miller, President S) Q�nt ro, Iairman of the Board of S is he County of Fresno 7 1671 Vineyard Drive Antioch, CA 94509 Attest: 8 Bernice E.Seidel Clerk of the Board of Supervisors g County of Fresno, State of California 10 By: iC' I `I 11 Deputy 12 For accounting use only: 13 Org No.:8935 Account No.:7295, 7205 14 Fund No.:1045 Subclass No.:10000 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4