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HomeMy WebLinkAboutAgreement A-13-675-1 with Tri-Signal.pdf -1- 1 2 3 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 FIRST AMENDMENT TO AGREEMENT This FIRST AMENDMENT to Agreement No. 13-675 (“Amendment I”) 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 referred to as "COUNTY", and Tri-Signal Integration, Inc., whose address is 4277 W. Richert Ave. #105, Fresno, CA 93722, hereinafter referred to as "CONTRACTOR". WITNESSETH: WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. 13-675, dated October 29, 2013 ("Agreement") pursuant to which CONTRACTOR agreed to provide inspections and preventative maintenance to fire alarm systems at various COUNTY facilities; WHEREAS, CONTRACTOR also agreed to provide repairs, system modifications, and additions to the Notifier fire alarm systems at COUNTY’s request; and WHEREAS, COUNTY AND CONTRACTOR now desire to amend the Agreement for additional services and to increase the total compensation 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. 13-675, as set forth on page 4, beginning in Section “6. COMPENSATION” on line 28 with the word “In” and ending on page 5 on line 14 with the word “CONTRACTOR,” is hereby deleted in its entirety and replaced with the following: “In no event shall services performed for the specified inspection and maintenance services for years one, two and three under this Agreement be in excess of forty-three thousand eight hundred eighty-two dollars ($43,882) per year. Additionally, expenditures for additional services for the initial three (3) year term of this Agreement shall not exceed a total of four hundred fifty thousand dollars ($450,000). Beginning with the potential fourth year of this Agreement, CONTRACTOR may increase annual inspection and maintenance fees upon thirty (30) days’ advance written notice to COUNTY, provided that CONTRACTOR shall not increase such fees more than once in any -2- 1 2 3 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 one-year period, and provided further that each increase will not exceed the previous f ees by three percent (3%) per year. Amounts for additional services for potential years four and five together shall not exceed a total of five hundred fifty thousand dollars ($550,000). The maximum amounts under this Agreement for the potential five (5) year term shall be one million two hundred fifteen thousand dollars ($1,223,400). It is understood that all expenses incidental to CONTRACTOR’S performance of services under this Agreement shall be borne by CONTRACTOR.” COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend the Agreement, and upon execution of this First Amendment, the Agreement and this First Amendment 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. 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment I as of the day and 2 year first hereinabove written. 3 4 5 6 7 8 9 10 11 12 Tri-Signal Integration Inc. 13 4277 W. Richert Ave. #105 Fresno, CA 93722 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FOR ACCOUNTING USE ONLY: Org No.:8970 Account No./Fund:7205/1 035/10000 -3- COUNTY OF FRESNO Ernest Buddy Mendes Chairman, Board of Supervisors DATE: ~~")\]Do&-Q] dDII,o ATTEST: Bernice E. Seidel Clerk, Board of Supervisors ,j\,~,. c. t~' ~ By. j REVIEWED & RECOMMENDED FOR Robert W. Bash, Director of Internal Services/ Chief Information Officer APPROVED AS TO LEGAL FORM Daniel C. Cederberg, County Counsel APPROVED AS TO ACCOUNTING FORM Vicki Crow, C.P.A Auditor-Controller/Treasurer-Tax Collector