HomeMy WebLinkAboutAgreement A-15-026-3 with Schindler Elevator Corporation.pdf-1-
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THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT to Agreement No. 15-026 ( “Third Amendment”) is made and
entered into this _____ day of January, 2019, by and between the County of Fresno, a political
subdivision of the State of California (hereinafter "COUNTY"), and Schindler Elevator Corporation
whose address is 1329 N. Market Blvd., Suite 120, Sacramento, CA 95834-2941 (hereinafter
“CONTRACTOR”).
WITNESSETH:
WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. 15-026, dated
January 13, 2015 (“Agreement”) pursuant to which CONTRACTOR agreed to provide preventative
maintenance, repair, and additional services for elevators at various COUNTY-owned facilities;
and
WHEREAS, COUNTY and CONTRACTOR entered into the First Amendment to
Agreement No. 15-026, on July 14, 2015, which added additional elevator services to the
preventative maintenance and repair services previously requested, and increased the annual
maximum for the first year of the Agreement by $120,000 for a five-year maximum not to exceed
$2,688,120; and
WHEREAS, COUNTY and CONTRACTOR entered into the Second Amendment to
Agreement No. 15-026, on November 17, 2015, to again add additional elevator services to the
preventative maintenance and repair services, and increase the annual maximum for the first year
of the Agreement by $200,000, for a five-year maximum to not exceed $2,888,120; and
WHEREAS, COUNTY AND CONTRACTOR now desire to further amend the Agreement
to remove the yearly limitation of amounts payable for services on each year and to further
increase the maximum compensation payable hereunder to accommodate an even higher
volume of needed elevator services.
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 Section 5. COMPENSATION/INVOICING of Agreement No. 15-026, as set
8th
Agreement No. 15-026-3
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forth Agreement, beginning on page 4, line 20 through line 25 is hereby deleted and replaced with
the following:
“In no event shall the maximum total compensation payable under this Agreement
exceed $3,688,120 over the entire potential five-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.”
COUNTY and CONTRACTOR agree that this Third Amendment is sufficient to amend
the Agreement and that upon execution of this Third Amendment, the Agreement, the First and
Second Amendment, and this Third Amendment, shall together constitute the complete
Agreement between the parties.
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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EXECUTED AND EFFECTIVE as of the date first above set forth.
CONTRACTOR
~~ Troy Ferro:J!1lMagei I'-/ /
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FOR ACCOUNTING USE ONLY:
ORG No.: 8935
Account No.: 7205
Fund: 1045
Subclass: 10000
COUNTY OF FRESNO
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Nathan M~,ullhe Board
of Supervisors of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: ~ •
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