HomeMy WebLinkAboutP-19-493-P Amendment 4.pdf co
County of Fresno
INTERNAL SERVICES DEPARTMENT
1$5 Facilities• Fleet•Graphics• Purchasing •Security•Technology
FRV�'
AMENDMENT NUMBER FOUR (4)
Agreement Number: P-19-493
August, 31, 2023
W.W. Grainger Inc.
1335 Tuolumne Street
Fresno
Contract Number P-19-493 covering Maintenance, Repair, and Operations is amended as follows:
The contract with your company expires December 31, 2023. The County of Fresno desires to extend this
contract for an additional one-year effective January 1, 2024 through December 31, 2024. Prices will be
firm for the contract period. Amendment provisions shall remain in full force and effect with any contract
renewals.
Maximum: The County of Fresno desires to increase this Agreement in the amount of one million five
hundred thousand dollars ($1,500,000.00). In no event shall services performed and/or fees paid under
this Agreement be in excess of twenty-two million two hundred and fifty thousand dollars
($22,250,000.00).
Electronic Signatures. The parties agree that this Agreement may be executed by electronic signature as
provided in this section.
A. An "electronic signature" means any symbol or process intended by an individual signing this
Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
version of an original handwritten signature; or(3) an electronically scanned and transmitted (for
example by PDF document)of a handwritten signature.
B. Each electronic signature affixed or attached to this Agreement(1) is deemed equivalent to a valid
original handwritten signature of the person signing this Agreement for all purposes, including but not
limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force
and effect as the valid original handwritten signature of that person.
C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in
the Uniform Electronic Transaction Act(Civil Code, Division 3, Part 2, Title 2.5, beginning with section
1633.1).
D. Each party using a digital signature represents that it has undertaken and satisfied the requirements
of Government Code section 16.5, subdivision (a), paragraphs (1)through (5), and agrees that each
other party may rely upon that representation.
This Agreement is not conditioned upon the parties conducting the transactions under it by electronic
means and either party may sign this Agreement with an original handwritten signature.
Please acknowledge your acceptance by returning all pages of this letter to my office via email or USPS.
If you have any questions, please contact Jennifer Vargas, Purchasing Analyst, at (559)600-7110 or
email jevargas&fresnocountyca.gay.
333 W.Pontiac Way,Clovis,CA 93612/(559)600-7110
*The County of Fresno is an Equal Employment Opportunity Employer
CONTRACT NO. P-19-493 Page 2
W.W. Grainger Inc.
August 31, 2023
FOR THE COUNTY OF FRESNO
�`2�aZua� ��EG-rLer�
Gary E. Cornuelle
Purchasing Manager
333 W. Pontiac Way
Clovis, CA 93612
GEC:JV
P-19-493-P Amend 4.docx
CONTRACT NO. P-19-493 Page 3
W.W. Grainger Inc.
August 31, 2023
CONTRACTOR TO COMPLETE:
Company: W.W. Grainger, Inc.
Type of Entity:
❑ Individual ❑ Limited Liability Company
❑ Sole Proprietorship ❑ Limited Liability Partnership
■❑ Corporation ❑ General Partnership
Signature: Sep awin Nicholf
Benjamin Nichols(Dec 18,202312:26 EST)
Signature Email: benjamin.nichols@grainger.com
Benjamin Nichols, Group Vice President, Govt & HeedtbW103Sales
Print Name and Title Date
Signature: rirv�Stvectt
Tim Sweat(Dec 18,2023 11:52 CST)
Signature Email: tim.sweat@grainger.com
Tim Sweat, Vice President, Sales Dec 18,2023
Print Name and Title Date
100 Grainger Parkway Lake Forest IL 60045
Address City State Zip
559-499-3275 n/a sergio.velasquez@grainger.com
TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS
ACCOUNTING USE ONLY
ORG No.: 8935
Account No.: 7220
Requisition No.: 1322401045
(8/2022)
P-19-493-P Amend 4.docx
CA Fresno County Omnia Piggyback renewal
Final Audit Report 2023-12-18
Created: 2023-12-18
By: julia krombach(Julia.Krombach@grainger.com)
Status: Signed
Transaction ID: CBJCHBCAABAAcHaoxpxM5jOGez1-1J8JhOXIWJr_6BPW
"CA Fresno County Omnia Piggyback renewal" History
Document created by julia krombach (Julia.Krombach@grainger.com)
2023-12-18-4:42:19 PM GMT-IP address: 167.115.15.8
Document emailed to benjamin.nichols@grainger.com for signature
2023-12-18-4:51:26 PM GMT
Email viewed by benjamin.nichols@grainger.com
2023-12-18-5:20:28 PM GMT-IP address: 172.225.202.121
Signer benjamin.nichols@grainger.com entered name at signing as Benjamin Nichols
2023-12-18-5:26:27 PM GMT-IP address: 107.206.244.41
Document e-signed by Benjamin Nichols (benjamin.nichols@grainger.com)
Signature Date:2023-12-18-5:26:29 PM GMT-Time Source:server-IP address: 107.206.244.41
Document emailed to tim.sweat@grainger.com for signature
2023-12-18-5:26:30 PM GMT
Email viewed by tim.sweat@grainger.com
2023-12-18-5:26:58 PM GMT-IP address:40.94.25.126
Signer tim.sweat@grainger.com entered name at signing as Tim Sweat
2023-12-18-5:52:16 PM GMT-IP address:47.189.233.238
Document e-signed by Tim Sweat(tim.sweat@grainger.com)
Signature Date:2023-12-18-5:52:18 PM GMT-Time Source:server-IP address:47.189.233.238
Agreement completed.
2023-12-18-5:52:18 PM GMT
GRAZNGER Adobe by
Adobe
1 rlir Acrobat Sign
GRAINGER.
December 6, 2023
Fresno County
Internal Services Department
Purchasing Department
333 West Pontiac Way
Clovis, California 93612
Re: Fresno County Procurement Agreement, Omnia Partner's piggyback, Number P-19-493-P,
Dear Carolyn Flores.
W.W. Grainger, Inc. ("Grainger") appreciates the opportunity to clarify its understanding in regard to the Fresno
County Procurement Agreement, Omnia Partners piggyback, Number P-19-493-P ("Agreement").
This Agreement has one remaining renewal and will expire on December 31, 2024. Therefore, the County has
issued an Amendment to be signed by Grainger for this final renewal.
As the parties have discussed, Amendment 4 has a statement requiring firm pricing for the renewal and some
pricing under Omnia is not firm pricing. It had been Grainger's belief that the firm pricing terms had been
revised at the time of the initial signing of the Agreement with the County, but upon inquiry, the County may not
have a record of this revision.
So, at the time of this renewal, Grainger would just like to confirm in writing that both parties share the
understanding that the County is aware that it has been receiving and will continue to receive the pricing
applicable to a participating entity to the Omnia Partners Agreement, Number 192163.
If the County does not share this understanding, please contact me immediately and do not accept this signed
amendment.
Thank you for this opportunity to make this clarification and we look forward to another year of supporting the
County as it addresses it's MRO product purchasing requirements. If you have any questions, please contact
me 559-499-3275.
Sincerely,
Sergio Velasquez
Government Account Manager
W.W. Grainger, Inc.
Page 1 of 1
Low Sensitivity