HomeMy WebLinkAboutAgreement A-24-395 First Amendment to Agreement with American Ambulance.pdf Agreement No. 24-395
1 AMENDMENT NO. 1 TO SERVICE AGREEMENT
2 This Amendment No. 1 to Service Agreement ("Amendment No. 1") is dated
3 July 9, 2024 and is between K.W.P.H., doing business as American Ambulance, a
4 California Corporation ("American-Kings"), and the County of Fresno, a political subdivision of
5 the State of California ("County").
6 Recitals
7 A. On June 20, 2023, the County and American-Kings entered into County agreement
8 number A-23-332 ("Agreement"), for Emergency Medical Services (EMS) dispatch services for
9 Contractor's ambulances in Kings County
10 B. County provides EMS dispatching services, including receipt and processing request for
11 ambulance services, provision of pre-arrival instructions, dispatch of appropriate ambulances,
12 and notification of first responder agencies, when necessary.
13 C. Due to increasing costs to County, it is necessary to adjust the American-Kings dispatch
14 costs at the County's EMS Communications Center.
15 D. The County and American-Kings now desire to amend the Agreement to update rates
16 that American-Kings pays County to capture actual costs.
17 The parties therefore agree as follows:
18 1. Section 3.2 of the Agreement located at Page 2, Lines 17 through 19 is deleted in its
19 entirety and replaced with the following:
20 "3.2 Maximum Compensation. The maximum compensation payable to the
21 County under this Agreement is Two-Hundred Fifty-Two Thousand Two Hundred
22 Ninety-Four Dollars ($252,294)."
23 2. Exhibit C of the Agreement is deleted in its entirety and replaced by Exhibit C-1,
24 attached herein.
25 3. When both parties have signed this Amendment No. 1, the Agreement and this
26 Amendment No. 1 together constitute the Agreement.
27 4. The Contractor represents and warrants to the County that:
28
1
1 a. The Contractor is duly authorized and empowered to sign and perform its obligations
2 under this Amendment.
3 b. The individual signing this Amendment on behalf of the Contractor is duly authorized
4 to do so and his or her signature on this Amendment legally binds the Contractor to
5 the terms of this Amendment.
6 5. The parties agree that this Amendment may be executed by electronic signature as
7 provided in this section.
8 a. An "electronic signature" means any symbol or process intended by an individual
9 signing this Amendment to represent their signature, including but not limited to (1) a
10 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
11 electronically scanned and transmitted (for example by PDF document) version of an
12 original handwritten signature.
13 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
14 equivalent to a valid original handwritten signature of the person signing this
15 Amendment for all purposes, including but not limited to evidentiary proof in any
16 administrative or judicial proceeding, and (2) has the same force and effect as the
17 valid original handwritten signature of that person.
18 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
19 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
20 2, Title 2.5, beginning with section 1633.1).
21 d. Each party using a digital signature represents that it has undertaken and satisfied
22 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
23 through (5), and agrees that each other party may rely upon that representation.
24 e. This Amendment is not conditioned upon the parties conducting the transactions
25 under it by electronic means and either party may sign this Amendment with an
26 original handwritten signature.
27 6. This Amendment may be signed in counterparts, each of which is an original, and all of
28 which together constitute this Amendment.
2
1 7. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
2 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
3 effect.
4 [SIGNATURE PAGE FOLLOWS]
5
6
7
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
K.W.P,H. Enterprises, dba COUNTY OF FRESNO
4 American Ambulance
5 �--�`� —� �•
6
Todd Valed, Pre en , . . Enterprises Nathan Magsig, Chairman of the Board of
7 Supervisors of the County of Fresno
8 Attest:
9 �� Q�lt� Bernice E. Seidel
[,.,, Clerk of the Board of Supervisors
Date County of Fresno, State of California
10
2911 E Tulare St
11 Fresno, CA 93721 By:Deputy
12
For accounting use only:
13
Org No.: 0001
14 Account No.: 5039
Fund No.: 56201693
15 Subclass No.: 10000
16
17
18
19
20
21
22
23
24
25
26
27
28
4
Exhibit C-1
1 Compensation
2 County will be compensated according to the following schedule:
3 Payment Month Payment
Amount
4 1 Jul 2023 $3,003.50
5 2 Aug2023 $3,003.50
3 Sep 2023 $3,003.50
6 4 Oct 2023 $3,003.50
5 Nov 2023 $3,003.50
7 6 Dec 2023 $3,003.50
8 7 Jan 2024 $3,003.50
8 Feb 2024 $3,003.50
9 9 Mar 2024 $3,003.50
10 Apr 2024 $3,003.50
10 11 May 2024 $3,003.50
12 Jun 2024 $3,003.50
11 13 Ju12024 $9,010.50
12 14 Aug2024 $9,010.50
15 Sep 2024 $9,010.50
13 16 Oct 2024 $9,010.50
17 Nov 2024 $9,010.50
14 18 Dec 2024 $9,010.50
19 Jan 2025 $9,010.50
15 20 Feb 2025 $9,010.50
16 21 Mar 2025 $9,010.50
22 Apr 2025 $9,010.50
17 23 May 2025 $9,010.50
24 Jun 2025 $9,010.50
18 25 Ju12025 $9,010.50
19 26 Aug2025 $9,010.50
27 Sep 2025 $9,010.50
20 28 Oct 2025 $9,010.50
29 Nov 2025 $9,010.50
21 30 Dec 2025 $9,010.50
31 Jan 2026 $9,010.50
22 32 Feb 2026 $9,010.50
23 33 Mar 2026 $9,010.50
34 Apr 2026 $9,010.50
24 35 May 2026 $9,010.50
36 Jun 2026 $9,010.50
25
26
27
28
C-1