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HomeMy WebLinkAboutAgreement A-15-026-1 with Schindler Elevator Corp..pdfAgreement No. 15-026-1 1 FIRST AMENDMENT TO AGREEMENT FOR SERVICES 2 THIS AMENDMENT NO. ONE to Agreement No. 15-026 (hereinafter "First Amendment") is 3 made and entered into this ..J.!l..:1b.day of :I~ , 2015, by and between the County of 4 Fresno, a political subdivision of the State of California (hereinafter "COUNTY"), and Schindler 5 Elevator Corporation whose address is 1329 N. Market Blvd., Suite 120, Sacramento, CA 95834- 6 2941, hereinafter referred to as "CONTRACTOR". 7 WITNESSETH: 8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. 15-026, dated January 9 13, 2015 (hereinafter "Agreement") pursuant to which CONTRACTOR agreed to provide 10 preventive maintenance and repair services for elevators at various COUNTY-owned facilities; and 11 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement to include 12 additional services and increase the total compensation accordingly. 13 NOW, THEREFORE, COUNTY and CONTRACTOR agree to amend the Agreement as 14 follows: 15 1. The portion of the existing Agreement No. 15-026, as set forth on page 4, beginning 16 on line 20 with the word "Maximum" and ending on line 25 with the word 17 "CONTRACTOR," is hereby deleted and replaced with the following: 18 "Maximum compensation under the terms of this Agreement shall not exceed 19 $633,624.00 for year one of this Agreement. Maximum compensation under the terms 20 of this Agreement shall not exceed $513,624.00 annually for all subsequent years. In no 21 event shall services performed under this Agreement be in excess of $1,660,872.00 22 during the initial three-year term of this Agreement, nor shall services performed under 23 this Agreement exceed $2,688,120.00 for the potential five-year term of this Agreement. 24 It is understood that all expenses incidental to CONTRACTOR'S performance of 25 services under this Agreement shall be borne by CONTRACTOR." 26 COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend 27 the Agreement, and that upon execution of this First Amendment, the Agreement and this First 28 Amendment shall together be considered the Agreement. . -1- 1 The Agreement, as hereby amended, is ratified and continued. All provisions, terms, 2 covenants, conditions and promises contained in the Agreement and not amended herein shall 3 remain in full force and effect. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 1 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the day 2 and year first hereinabove written. 3 4 5 6 7 8 9 10 CONTRACTOR ~~ bf3jl.r Toy Ferro Branch Manager Schindler Elevator Corporation 1329 N. Market Blvd., Ste 120 Sacramento, CA · 11 DATE: DATE: C\.1., ~~ J}jJ!} ATTEST: 710 ~~ 6Ashc.p Bernice E. Seidel, Clerk 12 Board of Supervisors 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPROVED AS TO ACCOUNTING FORM Vicki Crow, CPA Auditor-Controller!Treasurer-Tax Collector APPROVEDASTOLEGALFORM Daniel C. Cederborg, County Counsel ~_f~ FOR ACCOUNTING USE ONLY: ORG No.: 8935 Acct. No.: 7205 ORG No.: Acct. No.: 7511 7295 -3- REVIEWED & RECOMMENDED FOR APPROVAL Robert W. Bash Director of Internal Services Ch' Information Officer