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HomeMy WebLinkAboutFully executed A-24-153 Retroactive First Amendment to Agreement with CORE.pdf Agreement No. 24-153 1 RETROACTIVE AMENDMENT NO. 1 TO SERVICE AGREEMENT 2 This Amendment No. 1 to Service Agreement ("Amendment No. 1") is dated 3 April 9, 2024 and is between CORE Business Interiors, a California corporation 4 ("Contractor"), and the County of Fresno, a political subdivision of the State of California 5 ("County"). 6 Recitals 7 A. On August 9, 2022, the County and the Contractor entered into County agreement 8 number 22-347 ("Agreement") with CORE Business Interiors for modular furniture systems and 9 installation services for a base term of three (3) years, with the option to extend for two (2) 10 additional consecutive twelve-month periods, upon written approval of both parties no later than 11 thirty (30) days prior to the first of the next twelve-month extension period. 12 B. Following the approval and execution of the Agreement by the Board of Supervisors 13 (Board), the County realized that the incorrect version of Attachment A was attached to the 14 version of the Agreement that was approved by the Board. 15 C. The County and the Contractor now desire to amend the Agreement to correct this error 16 and replace Attachment A with the correct pricing, which shall be effective retroactive to August 17 22, 2022. 18 The parties therefore agree as follows: 19 1. This Amendment No. 1 is retroactive to the effective date of the Agreement, August 22, 20 2022. 21 2. Attachment A, Attachment B, and Exhibit C of the Agreement are deleted in their entirety 22 and replaced with the attached Revised Attachment A, Revised Attachment B, and Revised 23 Attachment C. 24 3. County and Contractor agree that Contractor shall not seek reimbursement from County 25 for any paid invoices reflecting lower pricing than is listed in Revised Exhibit A. 26 4. When both parties have signed this Amendment No. 1, the Agreement, and this 27 Amendment No. 1 together constitute the Agreement. 28 5. The Contractor represents and warrants to the County that: 1 1 a. The Contractor is duly authorized and empowered to sign and perform its obligations 2 under this Amendment No. 1. 3 b. The individual signing this Amendment No. 1 on behalf of the Contractor is duly 4 authorized to do so and his or her signature on this Amendment No. 1 legally binds 5 the Contractor to the terms of this Amendment No. 1. 6 6. This Amendment No. 1 may be signed in counterparts, each of which is an original, and 7 all of which together constitute this Amendment No. 1. 8 7. Electronic Signatures. The parties agree that this Amendment No. 1 may be executed 9 by electronic signature as provided in this section. 10 A. An "electronic signature" means any symbol or process intended by an individual 11 signing this Amendment No. 1 to represent their signature, including but not limited 12 to (1) a digital signature; (2) a faxed version of an original handwritten signature; or 13 (3) an electronically scanned and transmitted (for example by PDF document) of a 14 handwritten signature. 15 16 B. Each electronic signature affixed or attached to this Amendment No. 1 (1) is 17 deemed equivalent to a valid original handwritten signature of the person signing 18 this Amendment No. 1 for all purposes, including but not limited to evidentiary proof 19 in any administrative or judicial proceeding, and (2) has the same force and effect 20 as the valid original handwritten signature of that person. 21 C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, 22 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, 23 Part 2, Title 2.5, beginning with section 1633.1). 24 D. Each party using a digital signature represents that it has undertaken and satisfied 25 26 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) 27 through (5), and agrees that each other party may rely upon that representation. 28 2 1 E. This Amendment No. 1 is not conditioned upon the parties conducting the 2 transactions under it by electronic means and either party may sign this Amendment 3 No. 1 with an original handwritten signature. 4 8. The Agreement as amended by this Amendment No. 1 is ratified and continued. All 5 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and 6 effect. 7 [SIGNATURE PAGE FOLLOWS] 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 The parties are signing this Amendment No. 1 on the date stated in the introductory 2 clause. 3 CORE Business Interiors COUNTY OF FRESNO 4 5 �� 6 Andrea Benson, President Nathan Magsig, Chairman of the Board of Supervisors of the County of Fresno 7 7761 N Ingram # 109 Fresno, CA 93711 Attest: 8 Bernice E. Seidel Clerk of the Board of Supervisors 9 County of Fresno, State of California 10 By: 11 Deputy 12 For accounting use only: 13 Org No.: VARIOUS Account No.: VARIOUS 14 Fund No.: VARIOUS Subclass No.: VARIOUS 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 1 Revised Attachment A 2 3 CORE Service Matrix 4 Prevailing Wage Installation Rate: All Haworth Certified labor, equipment, tools, training, trucks, 5 insurance, and removal of all trash as necessary to complete the project. (Sales tax is applicable to the 6 installation of new modular furniture) 7 8 Prevailing Wage Installation Rate: (M-F 8:OOAM-5:OOPM) $113.00 per man hour 9 Prevailing Wage Installation Rate: (After hours, weekends, evenings) $159.00 per man hour 10 Prevailing Wage Installation Rate: (Double time as required by law) $202.00 per man hour 11 12 13 Reconfiguration: Requirements as stated above as necessary for reconfiguration, including the tear down, 14 removal and reinstallation of existing furniture in either the same or new location. This service may or may 15 not be provided in conjunction with the purchase of new modular furniture. Labor Rates are the same as 16 stated above. 17 18 Space Planning Fee: (Time spent to inventory, meet with client and draw plans) $90.00 per man hr 19 20 Install Drawings and Specifications Fee: (Time spent to complete install plan package) 21 $90.00 per man hr 22 Space Planning Fee: (Actual time spent on preliminary planning for project that is cancelled.) 23 $90.00 per man hr 24 25 Project Management Fee: (Site coordination, contractor meetings, field verification etc.) 26 $90.00 per man hr 27 28 Modular Walls Fee: (Project Management; Coordination with Contractors, project meetings and A-1 Revised Attachment A 1 development of permit drawing sets.) $90.00 per man hr 2 3 *Charges for Seismic ties, Engineering calculations and/or permits will be added as needed, as designated 4 by the modular furniture manufacturer, on a per project basis. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A-2 Revised Attachment A 1 2 Fresno County I Haworth Discounts— Modular Furniture Systems Fresno County OMNIA 3 Discount (through April 2023 4 HAW UniGroup Systems, UniGroup Tables 74% 71% 5 HAW UniGroup Systems, UniGroup Tables 74% 71% HAW UniGroup Too Panels 74% 71% 6 HAW, HAN, Systems Adaptable Components 78.50% 71.00% HHO, HHK 7 HAW Places Systems, Places Tables 73% 71% HAI if Systems 70% 68% 8 HHK,HHO,HHN Compose 84.50% 68.00% 9 HAN Premise Systems, Premise Tables,Moxie 74% 68% 10 Seating Products HSV Very Task 51% 51% 11 HSV Very Seating 57% 55% 12 HZY Zod 57% 55% HAS Cassis, Candor, 55% 55% 13 HAS Lively 60% 60% HAS Hello, ToDo, Harbor Work Lounge, 55% 50% 14 O enest, Galerie, etc. HMA Maari 54% 54% 15 HAS Fern Seating 50% 50% 16 Steel Storage Products HAF X Series Peds 72% 72% 17 HAF X Series Files/Case oods 68% 63% HAF V Series Files/Peds 63% 63% 18 HAF Beside Desking/Storage 63% 63% 19 HAF A Series Storage 53% 53% Wood Products 20 HHW Masters 53% 53% Technology and Tables 21 HAK Hop, Jump, Jive, and Swivel 50% 50% Modular Walls 22 ENC Enclose 55% 55% 23 Desking and Benching RSD Patterns, Reside Deskin 53% 53% 24 HAW Intuity, Active Components 53% 53% JL Other Products 25 Jum Stuff/ Boo ieBoard / Belong 41% 41% HHC Haworth Collection 15% 15% 26 BUS Haworth Buzzi Space 35% 35% 27 HPF Poltrona Frau 15% 15% JEC Haworth Janus 15% 15% 28 HHC Haworth Healthcare 57% 57% A-3 Revised Attachment A 1 2 Fresno County I Pricing 3 Ergonomic—Task Chairs 4 Item Description Model # Unit Unit Price 5 1. HAWORTH -Very Task SCT-20-4145 ea $610.00 6 2. Haworth Fern Task Chair SFT-U0-4S01A5 ea $799.00 7 3. Sitmatic Super Alpha High 173SX SS + 1A ea $850.00 8 Back 4. Global Granada Deluxe 1171-3 ea $500.00 9 Mid Back Task Chair 10 5. Humanscale Different World W11 ea $800.00 11 6. Global Obusforme Comfort XL 1251-3 ea $850.00 12 7. Sit On It Amplify Large &Tall 2723Y.LT.A153.81 ea $615.00 13 8. Via Genie Flex 441-74C-39A ea $582.00 14 15 Executive Seating 16 Item Description Model # Unit Unit Price 17 1. Haworth Fern Faux Leather SFE-UU-7S14A2 ea $1227.00 18 2. Haworth Fern Leather SFE-UU-7S14F2 ea $1542.00 19 20 Guest Seating 21 Item Description Model # Unit Unit 22 Price 1. Global guest chair With 6900 ea $280.00 23 Arms 24 2. Stack Chair Polymer Seat Global Duet 6621 ea $150.00 and Back 7/16" Steel Rod 25 Frame 26 27 28 A-4 Revised Attachment A 1 Ergonomic Products 2 Item Description Model # Unit Unit Price 3 1. Clip Mouse Keyboard Tray 6G90090G22 ea $275.00 4 3 dimension mousing position adjust Height, 5 Depth, lateral and tilt adjustability Humanscale. 6 2. Clip Mouse Keyboard Tray 6G 500 ea $269.00 7 3. Small corner sleeve 16" DE200 ea $70.00 8 diameter fits desks 1"-1 '/2" thick. Humanscale. 9 10 4. Clip Mouse pad CMPGEL18 ea $60.00 5. Foot Machine FR300 ea $95.00 11 6. MFlex Single Monitor Arm X2A ea $515.00 12 Silver with gray trim 1 13 Monitor 14 7. MFlex Single Monitor Arm X2B $635.00 Silver with gray trim 2 15 Monitor 8. Quick Stand ECO QSEBD ea $520.00 16 Dual Monitor 17 9. Fellowes Lotus Sit to Stand LOTUS ea $625.00 Workstation 18 19 Stocked Items (3-7 days) **Limited Quantities Available 20 Item Description Model # Unit Unit 21 Price 1. Haworth Very Task Chair SCT-20-4145-QS EA $660.00 22 Standard Black Fabric and 23 Mesh ONLY 24 2. Haworth Fern Task Chair SFT-UO-4S01A5-QS EA $859.00 25 26 27 28 A-5 Revised Attachment A 1 Hourly Rates 2 In cases where labor for"Ready to Assemble"furniture exceptions may be made: 3 $60.00 per hour This does not include prevailing wage. An additional charge of$48.00 per hour will apply when 4 product and labor is over$1,000.00. 5 Discount Matrix on additional items 6 MANUFACTURER DISCOUNT MATRIX 7 9to5 50% off AIS 40% off 8 Egan 35% off 9 Er otron 40% off ESI 50% off 10 Essendant 30% off 11 Fomcore 45% off Forms ace 30%off 12 Friant 25% off Global 50% off 13 Haworth 45% off 14 Haworth-Janus et Cie 25% off Humanscale (monitor arms, CPU holders, 35% off 15 keyboards, seating, quick stands, float tables 16 Indiana Furniture 45% off Intensa 30%off 17 IOA 30%off JSI 40% off 18 Jonti-Craft 20% off 19 Loftwall 30% off Ma line 40% off 20 MooreCo 35% off 21 Sato 35% off Sit On It Ideon and Symmetry) 48% off 22 Sitmatic 45% off Space Saver 20% off 23 Stance Healthcare 35% off 24 Watson 35% off Watson Dispatch List 25 Z-Blinds Special pricing per project 26 27 28 A-6 Revised Attachment B Internal Services Department — Purchasing cot, CORE Requisition (PD-CORE) . For orders over $5,000 [0 Email Me] Double click! Contract #: A-22-XXX FRV7 Submit authorized PaCORE and CORE QUOTE to Purchasinaequisitions(UresnoCountyLAgov Required Information Requisition Number PeopleSofl Dept.Name Dept Contact Contact Phone Ship-To Location(Code) Billing Location(Code) Vendor Name Vendor Address CORE BUSINESS INTERIORS PS Vendor/Supplier Number Vendor Email 7761 N.INGRAM,SUITE 109 FRESNO,CA 93711 Wend iH0-coreinteriors.com 0000266347 AndreaB(a)_coreinteriors.com Account Fund Org Program Subclass Line Description Quantity UOM Total Price 1 LOT 1. 2. 3. Special Instructions/Comments Department Approval [Q Sign] Double click! Department Head/Authorized Signer Verification of Remaining Allocated Funds [Q Sign] Double click! ISD-Purchasing Authorized Signer PD-CORE(rev 7/2022) ISaPurchasmg 600-7110 B-1 Revised Attachment C Self-Dealing Transaction Disclosure Form In order to conduct business with the County of Fresno ("County"), members of a contractor's board of directors ("County Contractor"), must disclose any self-dealing transactions that they are a party to while providing goods, performing services, or both for the County. A self-dealing transaction is defined below: "A self-dealing transaction means a transaction to which the corporation is a party and in which one or more of its directors has a material financial interest." The definition above will be used for purposes of completing this disclosure form. Instructions (1) Enter board member's name, job title (if applicable), and date this disclosure is being made. (2) Enter the board member's company/agency name and address. (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a minimum, include a description of the following: a. The name of the agency/company with which the corporation has the transaction; and b. The nature of the material financial interest in the Corporation's transaction that the board member has. (4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Code. The form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4). C-1 Revised Attachment C (1) Company Board Member Information: Name: Date: Job Title: (2) Company/Agency Name and Address: (3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to) (4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code § 5233 (a) (5) Authorized Signature Signature: Date: C-2