HomeMy WebLinkAboutP-20-337 Amend 2.pdf 1 AMENDMENT NO. 2 TO CONSULTANT AGREEMENT P-20-337
2 This Amendment No. 2 to Service Agreement (P-20-337) dated September 1, 2020 and
3 is between LUHDORFF AMD SCALMANINI CONSULTING ENGINEERS, INC., a California
4 corporation ("Consultant"), and the COUNTY OF FRESNO, a political subdivision of the State of
5 California ("County").
6 Recitals
7 A. On September 1, 2020, the County and the Consultant entered into CONSULTANT
8 AGREEMENT, which is County agreement number P-20-337 ("Agreement"), for consulting and
9 supportive services necessary to assist the County through the term of the Agreement.
10 B. The County and the Consultant now desire to amend the Agreement to increase the
11 compensation payable to the Consultant under this Amendment by $36,820.00, for a total of
12 $200,000.00 over the term of the Agreement.
13 The parties therefore agree as follows:
14 1. Article 2, of the Agreement located at Subsection 2.2 Maximum Compensation is
15 amended to add the following:
16 "The maximum compensation payable to the Consultant under this Agreement is
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$200,000.00 over the term of the Agreement. The Consultant acknowledges that the
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County is a local government entity and does so with notice that the County's powers
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are limited by the California Constitution and by State law, and with notice that the
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21 Consultant may receive compensation under this Agreement only for services performed
22 according to the terms of this Agreement, while this Agreement is in effect, and subject
23 to the maximum amount payable under this section. The Consultant further
24 acknowledges that County employees have no authority to pay the Consultant except as
25 expressly provided in this Agreement."
26 2. When both parties have signed this Amendment No. 2, the Agreement, and this
27 Amendment No. 2 together constitute the Agreement.
28 3. The Consultant represents and warrants to the County that:
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1 a. The Consultant is duly authorized and empowered to sign and perform its obligations
2 under this Amendment.
3 b. The individual signing this Amendment on behalf of the Consultant is duly authorized
4 to do so and his or her signature on this Amendment legally binds the Consultant to
5 the terms of this Amendment.
6 4. The parties agree that this Amendment may be executed by electronic signature as
7 provided in this section.
8 a. An "electronic signature" means any symbol or process intended by an individual
9 signing this Amendment to represent their signature, including but not limited to (1) a
10 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
11 electronically scanned and transmitted (for example by PDF document) version of an
12 original handwritten signature.
13 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
14 equivalent to a valid original handwritten signature of the person signing this
15 Amendment for all purposes, including but not limited to evidentiary proof in any
16 administrative or judicial proceeding, and (2) has the same force and effect as the
17 valid original handwritten signature of that person.
18 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
19 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
20 2, Title 2.5, beginning with section 1633.1).
21 d. Each party using a digital signature represents that it has undertaken and satisfied
22 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
23 through (5), and agrees that each other party may rely upon that representation.
24 e. This Amendment is not conditioned upon the parties conducting the transactions
25 under it by electronic means and either party may sign this Amendment with an
26 original handwritten signature.
27 5. This Amendment may be signed in counterparts, each of which is an original, and all of
28 which together constitute this Amendment.
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1 6. The Agreement as amended by this Amendment No. 2 is ratified and continued. All
2 provisions of the Agreement and not amended by this Amendment No. 2 remain in full force
3 and effect.
4 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 2 on the date stated in the introductory
2 clause.
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LUHDORFF AND SCALMANINI, COUNTY OF FRESNO
4 CONSULTING ENGINEERS, INC.
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6 Digitally signed by William L Digitally signed by Gary
Gary Connuelle
William L HalliganHalli an 9 Date:2023.08.25
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Date:2023.08.25 07:39:58-07'00' Cornuelle 13:43:26-07'00'
William L. Halligan, P.G., Gary Cornuelle, Purchasing Manager
8 Principal Hydrogeologist Internal Services Department of the County of
Fresno
9 500 1 st Street
Woodland, CA 95695
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25 For accounting use only:
26 Org No.:2540
Account No.:7295
27 Fund No.: 0001
Subclass No.: 10000
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