HomeMy WebLinkAboutAgreement A-14-670-2 with Bedard Controls, Inc..pdf
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SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT to Agreement No. 14-670 ( “Amendment II”) is made and
entered into this _____ day of _________________, 2016, by and between the County of Fresno,
a political subdivision of the State of California (hereinafter "COUNTY"), and Bedard Controls, Inc.,
a California corporation whose address is 4644 W. Jennifer Ave. #103 Fresno, CA 93722
(hereinafter "CONTRACTOR").
WITNESSETH:
WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. 14-670, dated
October 28, 2014 ( “Agreement”) pursuant to which CONTRACTOR agreed to provide
troubleshooting maintenance, support, and upgrades for Metasys hardware and Application
Data Server Software (hereinafter ADS); and
WHEREAS, COUNTY and CONTRACTOR entered into a First Amendment to Agreement
No. 14-670, dated October 13, 2015 ( “Amendment I”) pursuant to which CONTRACTOR agreed
to provide additional services, and upgrades; and
WHEREAS, COUNTY has the need for a Direct Digital Control (DDC) upgrade for its
Building Management System at the Fresno County Main Jail; and
WHEREAS, COUNTY AND CONTRACTOR now desire to further amend the Agreement
in order to include the DDC upgrade and increase the maximum compensation amount
accordingly.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, COUNTY and CONTRACTOR agree to amend the Agreement as
follows:
The portion of the existing Agreement No. 14-670, as set forth in Amendment I on page
1, beginning on line 18 with the word “In” and ending on line 24 with the word “CONTRACTOR,”
is hereby deleted and replaced with the following:
”In no event shall these Additional Fees and Materials exceed the following yearly
maximums:
Year 1 - $75,000
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Year 2 - $166,000
Year 3 - $75,000
Year 4 - $75,000
Year 5 - $75,000
C) TOTAL CONTRACT AMOUNT
In no event shall services performed under this Agreement be in excess of $493,972 during
the entire potential five (5) year term of this Agreement. It is understood that all expenses incidental
to CONTRACTOR’S performance of services under this Agreement shall be borne by
CONTRACTOR.”
This Amendment II will be effective upon execution. COUNTY and CONTRACTOR
agree that this Amendment II is sufficient to amend the Agreement. Upon execution of this
Amendment II, the Agreement, Amendment I, and this Amendment II shall together be
considered the Agreement.
The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
covenants, conditions and promises contained in the Agreement and not amended herein shall
remain in full force and effect.
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1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment II as of the day and
2 year first hereinabove written .
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Pa . Bedard , President
Bedard , Secretary/Treasurer
DATE : a .
REVIEWED & RECOMMENDED FOR
APPROVAL
Robert W . Bash ,
Director of Internal Services/
Chief lnforma ion Officer
APPROVED AS TO LEGAL FORM 20 Daniel C . Cederberg, County Counsel
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FOR ACCOUNTING USE ONLY:
Org No .:8935
Account No./Fund :7205/1 045/10000
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COUNTY OF FRESNO
Ernest Buddy Mendes
Chairman , Board of Supervisors
ATTEST:
Bernice E . Seidel
Clerk , Board of Supervisors
By:
APPROVED AS TO ACCOUNTING FORM
Vicki Crow, C .P .A
Auditor-Controller/Treasurer-Tax Collector