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Home My WebLink AboutP-20-370 Amendment 1.pdf co County of Fresno INTERNAL SERVICES DEPARTMENT 1$5610 Facilities • Fleet•Graphics• Purchasing •Security•Technology TR�S� AMENDMENT NUMBER ONE (1) Agreement Number: P-20-370 August 9, 2023 E.M. Tharp Inc. 4390 S. Bagley Fresno, CA 93725 Contract Number P-20-370 providing repair parts, labor and stock parts is amended as follows: The contract with your company expires August 31, 2023. The County of Fresno desires to extend this contract for an additional one (1)year period effective September 1st, 2023 through August 31, 2024. Prices will be firm for the contract period. Amendment provisions shall remain in full force and effect with any contract renewals. Maximum: The County of Fresno desires to increase this Agreement in the amount of one hundred fifty-six thousand dollars ($156,000.00). In no event shall services performed and/or fees paid under this Agreement be in excess of three hundred forty-nine thousand, nine hundred ninety-four dollars ($349,994.00). Electronic Signatures. The parties agree that this Agreement may be executed by electronic signature as provided in this section. A. An "electronic signature" means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2)a faxed version of an original handwritten signature; or(3) an electronically scanned and transmitted (for example by PDF document) of a handwritten signature. B. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)through (5), and agrees that each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. Please acknowledge your acceptance by returning all pages of this letter to my office via email or USPS. If you have any questions, please contact Chanvathei Lonh, Purchasing Analyst, at(559) 600-7110 or email clonh(a�fresnocountyca.gov. 333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110 *The County of Fresno is an Equal Employment Opportunity Employer* PROCUREMENT AGREEMENT NUMBER: P-20-370 Page 4 E. M. Tharp Inc. September 24, 2020 shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1)the text of this Agreement (excluding Attachment A) and (2)Attachment A. GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. Please acknowledge your acceptance by returning all pages of this Agreement to my office via email or USPS. Please refer any inquiries in this matter to Louann Jones, Purchasing Analyst III, at 559.600.7118 or Ijones@fresnocountyca.gov. FOR THE COUNTY OF FRESNO Gary Digitally signed by Gary Cornuelle Cornuelle Date: 2020.10.22 14:58:27-07'00' Gary E. Cornuelle Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 GEC:Imj G:\USERS\LJONES\CONTRACTS\EM Tharp PETERBILT\SUPPLY AGREEMENT.DOCx CONTRACT NO. P-20-370 Page 3 E.M. Tharp Inc. August 9, 2023 CONTRACTOR TO COMPLETE: Company: EM Tharp Inc. Type of Entity: ❑ Individual ❑ Limited Liability Company Q Sole Proprietorship ❑ Limited Liability Partnership ❑ Corporation ❑ General Partnership Signature L oy� Cameron Bedard Parts Director Print Name and Title Date Signature Print Name and Title Date 4390 S Bagley Ave Fresno CA 93725 Address City State Zip 5594421590 559 237 1621 cameronbedard@emtharp.com TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS ACCOUNTING USE ONLY ORG No.: 8910 Account No.: 7205 Requisition No.: 8912400506 (8/2022) P-20-370 Amendment 1