HomeMy WebLinkAboutAgreement A-23-542 First Amendment to Agreement with Enviroscape.pdf 23-0829 Agreement No. 23-542
1 AMENDMENT NO. 1 TO SERVICE AGREEMENT
2 This Amendment No. 1 to Service Agreement ("Amendment No. 19-327") is dated
3 October 10, 2023 and is between Enviroscape, a sole proprietorship ("Contractor"), and the
4 County of Fresno, a political subdivision of the State of California ("County").
5 Recitals
6 A. On December 5, 2018, the County issued Request for Quotation (RFQ) No. 19-030 -
7 Landscaping Services for County Service Areas, and Addendum Number One, both attached as
8 Exhibit A and incorporated by this reference, for landscape maintenance and weed control
9 services.
10 B. Enviroscape was determined by County to be the lowest responsible bidder, who is
11 qualified and capable of performing the work specified in RFQ No. 19-030.
12 C. On July 9, 2019, the County and Contractor entered into a Service Agreement, which is
13 County agreement number 19-327 ("Agreement"), to provide landscape maintenance and weed
14 control services for various Special Districts.
15 D. There has been an increased demand for services, primarily weed abatement, across
16 various County locations that has resulted in increased costs.
17 E. The County and the Contractor now desire to amend the Agreement to increase the
18 maximum cumulative compensation for Services due to the increased costs of labor and materials
19 The parties therefore agree as follows:
20 1. Section 5 of the Agreement, beginning on page three (3), line seven (7) with the word "In"
21 and ending on page three (3), line nine (9)with the word "Agreement" is deleted in its entirety and
22 replaced with the following:
23 "Notwithstanding any other provision in this Agreement, the total compensation for
24 the Services shall be limited for the term of the Agreement to an annual maximum
25 of $60,000.00 for each one-year period of the Agreement for years one, two, and
26 three (1-3) and shall not exceed a maximum cumulative total of $180,000 for the
27 three-year term of the Agreement. If this Agreement is extended for the maximum
28 two (2) additional one-year renewal periods as provided in section 3 above, then
1
1 the maximum cumulative amount of compensation for Services under this
2 Agreement shall not exceed $380,000 during the entirety of the extended five-year
3 term of the Agreement with an annual maximum of $100,000 for each one-year
4 renewal period. If this Agreement is only extended for one (1) additional renewal
5 period, then the maximum cumulative amount of compensation for Services under
6 this Agreement shall not exceed $280,000 during the entirety of the extended four-
7 year term of this Agreement with an annual maximum of$100,000 for the one-year
8 renewal period."
9 2. When both parties have signed this Amendment No. 1, both the Agreement and this
10 Amendment No. 1 together constitute the Agreement.
11 3. The Contractor represents and warrants to the County that:
12 a. The Contractor is duly authorized and empowered to sign and perform its obligations
13 under this Amendment.
14 b. The individual signing this Amendment on behalf of the Contractor is duly authorized
15 to do so and his or her signature on this Amendment legally binds the Contractor to
16 the terms of this Amendment.
17 4. The parties agree that this Amendment may be executed by electronic signature as
18 provided in this section.
19 a. An "electronic signature" means any symbol or process intended by an individual
20 signing this Amendment to represent their signature, including but not limited to (1) a
21 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
22 electronically scanned and transmitted (for example by PDF document) version of an
23 original handwritten signature.
24 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
25 equivalent to a valid original handwritten signature of the person signing this
26 Amendment for all purposes, including but not limited to evidentiary proof in any
27 administrative orjudicial proceeding, and (2) has the same force and effect as the valid
28 original handwritten signature of that person.
2
1 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
2 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
3 2, Title 2.5, beginning with section 1633.1).
4 d. Each party using a digital signature represents that it has undertaken and satisfied the
5 requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
6 through (5), and agrees that each other party may rely upon that representation.
7 e. This Amendment is not conditioned upon the parties conducting the transactions under
8 it by electronic means and either party may sign this Amendment with an original
9 handwritten signature.
10 5. This Amendment may be signed in counterparts, each of which is an original, and all of
11 which together constitute this Amendment.
12 6. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
13 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
14 effect.
15 7. This Amendment No. 1 shall become effective retroactively to July 9, 2022, upon
16 execution by all parties.
17 [SIGNATURE PAGE FOLLOWS]
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
ENVIROSCAPE COUNTY OF FRESNO
4 /
5
6 Pauf Banuelos, Owner Sf I Q i tero, Chairman of the Board of
Enviroscape S is f the County of Fresno
7 111 Trout Lake Drive
Sanger, CA 93657 Attest:
8 Bernice E. Seidel
Clerk of the Board of Supervisors
9 County of Fresno, State of California
10
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
17
18
19
20
21
22
23
24
25
26
27
28
4