HomeMy WebLinkAboutAgreement A-23-541 First Amendment to Agreement with A-C Electric.pdf 23-0826 Agreement No. 23-541
1 AMENDMENT NO. 1 TO SERVICE AGREEMENT
2 This Amendment No. 1 to Service Agreement ("Amendment No. 21-182") is dated
3 October 10, 2023 and is between A-C Electric Company, a California Corporation
4 ("Contractor"), and the County of Fresno, a political subdivision of the State of California
5 ("County").
6 Recitals
7 A. On May 25, 2021, the County and the Contractor entered into Sole Source Agreement
8 with A-C Electric, which is County agreement number 21-182 ("Agreement'), for site servicing
9 and repairing of electrical controls and software for programmable logic controllers (PLCs) that
10 help run the water and sewer facilities of the County Special Districts (Special Districts) and the
11 Juvenile Justice Campus (JJC).
12 B. The Board approved suspension of competitive bidding for these services when it
13 authorized the County to enter into the agreement, since A-C Electric Company has specialized
14 knowledge and experience of the electrical controls and PLCs that run the water and sewer
15 facilities of Special Districts and at JJC.
16 C. The County and the Contractor now desire to amend the Agreement to increase the
17 annual maximum compensation and maximum cumulative compensation for Services based on
18 an increased need of Services due to an aging infrastructure as well as the recent storm
19 emergency.
20 The parties therefore agree as follows:
21 1. Section 5 of the Agreement located at page five (5), line one (1), beginning with the word
22 "Notwithstanding" and ending on page five (5), line nine (9) with the word "Agreement," is deleted
23 in its entirety and replaced with the following:
24 "Notwithstanding any other provision in this Agreement, the total compensation for
25 the Services shall be limited for the term of the Agreement to an annual maximum
26 of $150,000 for year one of the Agreement and limited to an annual maximum of
27 $200,000 for each one-year period of the Agreement for years two and three of the
28 Agreement. The maximum cumulative total shall not exceed $550,000.00 for the
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1 three-year term of the Agreement. If this Agreement is extended for the maximum
2 two (2) additional one-year renewal periods as provided in section 3 above, then
3 the maximum cumulative amount of compensation for Services under this
4 Agreement shall not exceed $950,000 during the entirety of the extended five-year
5 term of this Agreement with an annual maximum of $200,000 for each one-year
6 renewal period. If this Agreement is only extended for one (1) additional renewal
7 period, then the maximum cumulative amount of compensation for Services under
8 this Agreement shall not exceed $750,000 during the entirety of the extended four-
9 year term of this Agreement with an annual maximum of$200,000 for the one-year
10 renewal period."
11 2. When both parties have signed this Amendment No. 1, both the Agreement and this
12 Amendment No. 1 together constitute the Agreement.
13 3. The Contractor represents and warrants to the County that:
14 a. The Contractor is duly authorized and empowered to sign and perform its obligations
15 under this Amendment.
16 b. The individual signing this Amendment on behalf of the Contractor is duly authorized
17 to do so and his or her signature on this Amendment legally binds the Contractor to
18 the terms of this Amendment.
19 4. The parties agree that this Amendment may be executed by electronic signature as
20 provided in this section.
21 a. An "electronic signature" means any symbol or process intended by an individual
22 signing this Amendment to represent their signature, including but not limited to (1) a
23 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
24 electronically scanned and transmitted (for example by PDF document) version of an
25 original handwritten signature.
26 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
27 equivalent to a valid original handwritten signature of the person signing this
28 Amendment for all purposes, including but not limited to evidentiary proof in any
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1 administrative orjudicial proceeding, and (2) has the same force and effect as the valid
2 original handwritten signature of that person.
3 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
4 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
5 2, Title 2.5, beginning with section 1633.1).
6 d. Each party using a digital signature represents that it has undertaken and satisfied the
7 requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
8 through (5), and agrees that each other party may rely upon that representation.
9 e. This Amendment is not conditioned upon the parties conducting the transactions under
10 it by electronic means and either party may sign this Amendment with an original
11 handwritten signature.
12 5. This Amendment may be signed in counterparts, each of which is an original, and all of
13 which together constitute this Amendment.
14 6. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
15 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
16 effect.
17 7. This Amendment No. 1 shall become effective retroactively to May 25, 2022, upon
18 execution by all parties.
19 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause.
3
A-C C IC COMPANY COUNTY OF FRESNO
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6 al Q i ero, Chairman of the Board of
A-C Ele rt Company S iso of the County of Fresno
7A P.O. Box 81977
Bakersfield, CA 93380 Attest:
8 °/"��S ��u►^� V/�.� PR�SiO Bernice E. Seidel
Fi'r Clerk of the Board of Supervisors
9 County of Fresno, State of California
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By: _
11 Deputy
12 For accounting use only:
13 Org No.: 9140, 9141, 9145, 9150, 9154, 9163, 9166, 9170, 9172, 9174, 9181, 9244, 9246,
9247, 9249, 9250, 9254, 9255, 9301, 9310, 9323, 9324, 9325, 9351, 9357, 9358, 9360,9361,
14 9362
Account No.: 7220
15 Fund No.: 0230, 0235, 0740, 0750, 0770, 0780, 0790, 0800, 0801, 0810, 0820, 0830, 0870,
0880, 0890, 0900, 0910, 0920, 0930, 4030
16 Subclass No.: 12150, 12800, 16000, 16120, 16200, 16204, 16205, 16206, 16210, 16211,
16400, 16420, 16430, 16800, 16900, 40680
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