HomeMy WebLinkAboutAgreement A-24-236 Second Amend. to Agt.pdf 24-0291 Agreement No. 24-236
1 AMENDMENT NO. 2 TO SERVICE AGREEMENT
2 This Amendment No. 2 to Service Agreement ("Amendment No. 21-182") is dated
3 May 21, 2024 and is between A-C Electric Company, 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 May 25, 2021, the County and the Contractor entered into Sole Source Agreement
8 with A-C Electric, which is County agreement number 21-182 ("Agreement"), for site servicing
9 and repairing of electrical controls and software for programmable logic controllers (PLCs) that
10 help run the water and sewer facilities of the County Special Districts (Special Districts) and the
11 Juvenile Justice Campus (JJC).
12 B. The Board approved suspension of competitive bidding for these services when it
13 authorized the County to enter into the agreement, since A-C Electric Company has specialized
14 knowledge and experience of the electrical controls and PLCs that run the water and sewer
15 facilities of Special Districts and at JJC.
16 C. On October 10, 2023, the County and the Contractor entered into Amendment No. 1 to
17 Agreement 21-182 to increase the maximum compensation and maximum cumulative
18 compensation for Services based on an increased need of Services due to an aging
19 infrastructure as well as a recent storm emergency.
20 D. The County and the Contractor now desire to exercise the first one-year extension to the
21 Agreement.
22 E. The County and the Contractor also desire to further amend the Agreement in order to
23 increase the compensation rates for the optional first and second one-year extensions due to
24 increased cost of time and material rates.
25 The parties therefore agree as follows:
26 1. Section 5 of the Agreement located at page four (4), line twenty-seven (27), beginning
27 with the word "The" and ending on page four (4), line twenty-eight (28) with the letter"A," is
28 deleted in its entirety and replaced with the following:
1
1 The COUNTY agrees to pay the CONTRACTOR, and the CONTRACTOR agrees to receive
2 as compensation for the Services as provided, the rates that are listed in Exhibit A-1 for
3 Services provided during the optional first and second one-year extensions. Exhibit A lists
4 the compensation rates for Services as provided each year during the base three-year term.
5 2. When both parties have signed this Amendment No. 2, both the Agreement, Amendment
6 No. 1, and this Amendment No. 2 together constitute the Agreement.
7 3. The Contractor represents and warrants to the County that:
8 a. The Contractor is duly authorized and empowered to sign and perform its obligations
9 under this Amendment.
10 b. The individual signing this Amendment on behalf of the Contractor is duly authorized
11 to do so and his or her signature on this Amendment legally binds the Contractor to
12 the terms of this Amendment.
13 4. The parties agree that this Amendment may be executed by electronic signature as
14 provided in this section.
15 a. An "electronic signature" means any symbol or process intended by an individual
16 signing this Amendment to represent their signature, including but not limited to (1) a
17 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
18 electronically scanned and transmitted (for example by PDF document) version of an
19 original handwritten signature.
20 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
21 equivalent to a valid original handwritten signature of the person signing this
22 Amendment for all purposes, including but not limited to evidentiary proof in any
23 administrative or judicial proceeding, and (2) has the same force and effect as the
24 valid original handwritten signature of that person.
25 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
26 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
27 2, Title 2.5, beginning with section 1633.1).
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1 d. Each party using a digital signature represents that it has undertaken and satisfied
2 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
3 through (5), and agrees that each other party may rely upon that representation.
4 e. This Amendment is not conditioned upon the parties conducting the transactions
5 under it by electronic means and either party may sign this Amendment with an
6 original handwritten signature.
7 5. This Amendment may be signed in counterparts, each of which is an original, and all of
8 which together constitute this Amendment.
9 6. The Agreement as previously amended and as amended by this Amendment No. 2 is
10 ratified and continued. All provisions of the Agreement as previously amended and not
11 amended by this Amendment No. 2 remain in full force and effect.
12 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 2 on the date stated in the introductory
2 clause.
3
A-C ELECTRIC COMPANY COUNTY OF FRESNO
4 �
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6 Daren T. Alexander, Presid, nt Nathan Magsig, Chairman of the Board of
A-C Electric Company Supervisors of the County of Fresno
7 P.O. Box 81977
Bakersfield, CA 93380 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.: 9140, 9141, 9145, 9150, 9154, 9163, 9166, 9170, 9172, 9174, 9181, 9244, 9246,
9247, 9249, 9250, 9254, 9255, 9301, 9310, 9323, 9324, 9325, 9351, 9357, 9358, 9360,9361,
14 9362
Account No.: 7220
15 Fund No.: 0230, 0235, 0740, 0750, 0770, 0780, 0790, 0800, 0801, 0810, 0820, 0830, 0870,
0880, 0890, 0900, 0910, 0920, 0930, 4030
16 Subclass No.: 12150, 12800, 16000, 16120, 16200, 16204, 16205, 16206, 16210, 16211,
16400, 16420, 16430, 16800, 16900, 40680
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