HomeMy WebLinkAboutAmend 1 P-24-142.pdf Amendment 1
P-24-142
1 AMENDMENT NO. 1 TO SERVICE AGREEMENT
2 This Amendment No. 1 to Service Agreement ("Amendment No. P-24-142") is dated Jul
3 1, 2024 and is between ACE Parking Management, Inc., a California corporation ("Contractor"),
4 and the County of Fresno, a political subdivision of the State of California ("County").
5 Recitals
6 A. On March 29, 2024, the County and the Contractor entered into Fee Collection Services
7 at Various County Parks, which is County agreement number P-24-142 ("Agreement"), for fee
8 collection services at various County Parks.
9 B. The County and the Contractor now desire to amend the Agreement to utilize the
10 optional agreement extension for one (1) 30-day period.
11 The parties therefore agree as follows:
12 1. Article 3 of the Agreement located at paragraph 3.2 is deleted in its entirety and replaced
13 with the following:
14 "Maximum Compensation. The maximum compensation payable to the Contractor
15 under this Agreement is $ 36,000.00 from the commencement of the agreement until
16 July 31, 2024. The Contractor acknowledges that the County is a local government
17 entity, and does so with notice that the County's powers are limited by the California
18 Constitution and by State law, and with notice that the Contractor may receive
19 compensation under this Agreement only for services performed according to the
20 terms of this Agreement and while this Agreement is in effect, and subject to the
21 maximum amount payable under this section. The Contractor further acknowledges
22 that County employees have no authority to pay the Contractor except as expressly
23 provided in this Agreement."
24 2. Article 4 of the Agreement located at paragraph 4.1 is deleted in its entirety and replaced
25 with the following:
26 "Term. This Agreement is effective on March 29, 2024 and terminates on July 31,
27 2024, except as provided in section 4.2, "Extension", or Article 6, "Termination and
28 Suspension", below."
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Amendment 1
P-24-142
1 3. Article 4 of the Agreement located at paragraph 4.2 is deleted in its entirety and replaced
2 with the following:
3 "Extension. No additional extensions may be granted."
4 4. When both parties have signed this Amendment No. 1, the Agreement, and this
5 Amendment No. 1 together constitute the Agreement.
6 5. The Contractor represents and warrants to the County that:
7 a. The Contractor is duly authorized and empowered to sign and perform its obligations
8 under this Amendment.
9 b. The individual signing this Amendment on behalf of the Contractor is duly authorized
10 to do so and his or her signature on this Amendment legally binds the Contractor to
11 the terms of this Amendment.
12 6. The parties agree that this Amendment may be executed by electronic signature as
13 provided in this section.
14 a. An "electronic signature" means any symbol or process intended by an individual
15 signing this Amendment to represent their signature, including but not limited to (1) a
16 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
17 electronically scanned and transmitted (for example by PDF document) version of an
18 original handwritten signature.
19 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
20 equivalent to a valid original handwritten signature of the person signing this
21 Amendment for all purposes, including but not limited to evidentiary proof in any
22 administrative or judicial proceeding, and (2) has the same force and effect as the
23 valid original handwritten signature of that person.
24 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
25 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
26 2, Title 2.5, beginning with section 1633.1).
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Amendment 1
P-24-142
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 7. This Amendment may be signed in counterparts, each of which is an original, and all of
8 which together constitute this Amendment.
9 8. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
10 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
11 effect.
12 [SIGNATURE PAGE FOLLOWS]
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Amendment 1
P-24-142
1 The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause.
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ACEna ent, Inc. Vilanova COUNTY OF FRESNO
4
Manuel M. Digitally signed by Manuel
M.Vilanova
5 Date:2024.06.28
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09:58:48-07'00'
6 Jo ardner, CEO Manuel Vilanova, Deputy Director
7 645 Ash Street
San Diego, CA 92101
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For accounting use only:
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Org No.: 7910
11 Account No.: 5055
Fund No.: 00010
12 Subclass No.: 10000
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