HomeMy WebLinkAboutAgreement A-24-023 First Amendment to Master Agt. for Pest Control Services.pdf Agreement No. 24-023
1 AMENDMENT NO. 1 TO SERVICE AGREEMENT
2 This Amendment No. 1 to Master Service Agreement ("Amendment No. 1") is dated
3 January 9, 2024 and is between each contractor (each a "Contractor" and collectively
4 the "Contractors") listed in Attachment A, and the County of Fresno, a political subdivision of the
5 State of California ("County").
6 Recitals
7 A. On April 23, 2019, the County and the Contractors entered into County agreement
8 number A-1 9-181("Agreement"), for pest control services for an Integrated Pest Management
9 (IPM) program for properties owned, occupied, leased, or otherwise operated by the County.
10 B. The three Contractors as set forth in Attachment A include Pestmaster Services, Inc.,
11 Rentokil North America, Inc., dba Western Exterminator, and Orkin Pest Control, and have been
12 successfully performing scheduled, emergency, and additional services ("Scheduled, Callback,
13 Emergency and Additional Services") under the Agreement.
14 C. The County has a need and have asked the Contractors to perform additional non-
15 scheduled or"Emergency and Additional Services," than were anticipated under the Agreement.
16 D. The County and the Contractors now desire to amend the Agreement to increase
17 compensation to allow for more Emergency and Additional Services.
18 The parties therefore agree as follows:
19 1. Section 3, Subsection B —ADDITIONAL SERVICES of the Agreement located on page
20 9, lines 27 through 28 and page 10, line 1, is deleted in their entirety and replaced with the
21 following:
22 "In no event shall the total compensation for Additional Services paid to all
23 Contractors listed in Attachment A exceed the sum of three hundred thousand
24 dollars ($300,000) for the entire potential five-year term."
25 2. Section 3, Subsection C—CONTRACT MAXIMUM of the Agreement located on page
26 10, lines 2 through 5, is deleted in its entirety and replaced with the following:
27 "In no event shall the total compensation paid to the Contractors for Routine,
28 Callback, Emergency Response, and Additional Services during the entire
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1 potential five-year term of this Agreement exceed the sum of eight hundred
2 thousand dollars ($800,000)."
3 3. Section 18 - ENTIRE AGREEMENT located on page 18, lines 15 through 23, is deleted
4 in their entirety and replaced with the following:
5 "This Agreement constitutes the entire Agreement between the Contractor and
6 the County with respect to the subject matter hereof and supersedes all previous
7 Agreement negotiations, proposals, commitments, writings, advertisements,
8 publications, and understandings of any nature whatsoever unless expressly
9 included in this Agreement. In the event of any inconsistency in interpreting the
10 documents which constitute this Agreement, the inconsistency shall be resolved
11 by giving precedence in the following order of priority: (1)the text of this
12 Amendment No. 1 (2)the Agreement (3) the Agreement including Attachments
13 A, D, E, F, G, and H (3) the County's RFP (Attachment B), and (4) each
14 respective Contractor's response to the RFP (Attachment C)."
15 4. When both parties have signed this Amendment No. 1, the Agreement, and this
16 Amendment No. 1 together constitute the Agreement.
17 5. The Contractor represents and warrants to the County that:
18 a. The Contractor is duly authorized and empowered to sign and perform its obligations
19 under this Amendment No. 1.
20 b. The individual signing this Amendment No. 1 on behalf of the Contractor is duly
21 authorized to do so and his or her signature on this Amendment No. 1 legally binds
22 the Contractor to the terms of this Amendment No. 1.
23 6. The parties agree that this Amendment No. 1 may be executed by electronic signature
24 as provided in this section.
25 a. An "electronic signature" means any symbol or process intended by an individual
26 signing this Amendment No. 1 to represent their signature, including but not limited
27 to (1) a digital signature; (2) a faxed version of an original handwritten signature; or
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1 (3) an electronically scanned and transmitted (for example by PDF document)
2 version of an original handwritten signature.
3 b. Each electronic signature affixed or attached to this Amendment No. 1 (1) is deemed
4 equivalent to a valid original handwritten signature of the person signing this
5 Amendment No. 1 for all purposes, including but not limited to evidentiary proof in
6 any administrative or judicial proceeding, and (2) has the same force and effect as
7 the valid original handwritten signature of that person.
8 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
9 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
10 2, Title 2.5, beginning with section 1633.1).
11 d. Each party using a digital signature represents that it has undertaken and satisfied
12 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
13 through (5), and agrees that each other party may rely upon that representation.
14 e. This Amendment No. 1 is not conditioned upon the parties conducting the
15 transactions under it by electronic means and either party may sign this Amendment
16 No. 1 with an original handwritten signature.
17 7. This Amendment No. 1 may be signed in counterparts, each of which is an original, and
18 all of which together constitute this Amendment No. 1.
19 8. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
20 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
21 effect.
22 [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.
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CONTRACTOR COUNTY OF FRESNO
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See Additional Signature Pages Attached
6 Nathan Magsig, Chairman of the Board of
Supervisors of the County of Fresno
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Attest:
8 Bernice E. Seidel
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.: 8935
Account No.: 7205
14 Fund No.: 1045
Subclass No.: 10000
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1 By executing this signature page, the Contractor becomes a signatory to this
2 Amendment No. 1, dated January 9, 2024 , and agrees that it is a party to the Agreement
3 with the County and is bound by its terms.
4 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of
5 the Effective Date.
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7 ORKIN PEST CONTROL
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AivYi-ew 1taU
10 Andrew H a l I(Dec 4,202307:28 PST)
11 Andrew Hall, Branch Manager
12 9706 W. Nicholas Ave.
Visalia, CA 93291
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1 By executing this signature page, the Contractor becomes a signatory to this
2 Amendment No. 1, dated January 9, 2024 , and agrees that it is a party to the Agreement
3 with the County and is bound by its terms.
4 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of
5 the Effective Date.
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7 PESTMASTER SERVICES, INC.
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'YEWes Milo
10 J a mes Me no(Nov 30,202316:06 PST)
11 James Meno, Contracts Manager
12 9716 S. Virginia St. Suite E
Reno, NV 89511
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1 By executing this signature page, the Contractor becomes a signatory to this
2 Amendment No. 1, dated January 9, 2024 and agrees that it is a party to the Agreement
3 with the County and is bound by its terms.
4 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of
5 the Effective Date.
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7 RENTOKIL NORTH AMERICA, INC
8 dba WESTERN EXTERMINATOR
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1 O Rude 30,202315:59 PST)
11 Rudy Huerta, Branch Manger
12 5445 S. Villa Ave.
Fresno, CA 93725
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Attachment A
1 CONTRACTOR INFORMATION
Primary Contact Routine/Callback/Additional I Emergency Response I Notices
2 Pestmaster Services, Inc.
James Meno (559)285-8029 (559)285-8029 9716 S.Virginia St., Ste E
Reno, NV 89511
3 Western Exterminator, Co.
Rudy Huerta 1-800-937-8398 1-800-937-8398 1788 N. Helm Ave., Ste. 110
4 1 Fresno, CA 93727
Orkin Pest Control
5 Andrew Hall (559)389-7770 (800)800-6754 5380 E.Shields Ave.
Fresno, CA 93727
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