HomeMy WebLinkAboutAgreement A-24-419 First Amendment to Agreement with TKE.pdf Agreement No. 24-419
1 AMENDMENT NO. 1 TO SERVICE AGREEMENT
2 This Amendment No. 1 to Service Agreement ("Amendment No. 1") is dated
3 August 6, 2024 and is between TK Elevator Corporation, a Delaware corporation
4 ("Contractor"), and the County of Fresno, a political subdivision of the State of California
5 ("County").
6 Recitals
7 A. On January 21, 2020, the County and the Contractor entered into County agreement
8 number A-20-035 ("Agreement"), for elevator servicing, maintenance, and repairs.
9 B. On March 5, 2021, the Contractor officially changed its name with the Secretary of State
10 from ThyssenKrupp Elevator Corporation to TK Elevator Corporation.
11 C. The Contractor has successfully provided regularly scheduled maintenance and service
12 to County elevators, in addition to performing additional repair and upgrade services as
13 requested by the County.
14 D. The County has a need to perform additional repairs and upgrades to County elevators.
15 E. The County and the Contractor now desire to amend the Agreement to increase the
16 maximum compensation to cover additional unanticipated repair service needs.
17 The parties therefore agree as follows:
18 1. Section 5. COMPENSATION/INVOICING of the Agreement, located on page 8, lines 4
19 through 10, starting in the middle of line 4 at "In no event...", is deleted in its entirety and
20 replaced with the following:
21 "In no event shall compensation paid for these upgrades and repairs for the total
22 possible five-year term of this Agreement exceed $4,000,000.
23 In no event shall compensation paid for services performance under this
24 Agreement exceed $6,000,000 during the term of this Agreement. It is
25 understood that all expenses incidental to the Contractor's performance of
26 services under this Agreement shall be borne by the Contractor.
27 The Contractor shall submit monthly invoices referencing the provided
28 agreement number to the County of Fresno, Facility Services, Attention: Facility
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1 Services Manager, 4590 E. Kings Canyon Road, Fresno, CA 93702,
2 ISDFacilitiesAP(a)_fresnocountyca.go�. Each invoice shall reference this
3 agreement number, the FAMIS (the County's computerized maintenance
4 management system) work order number, the OMNIA Partners contract number,
5 the date of service, arrival and departure time, address of serviced building,
6 specific area where work was performed, description of services provided,
7 number of service hours and hourly rates for services provided, materials used
8 and cost of materials, notice that warranty of any new material installed was
9 provided, the printed name of the County representative who authorized the
10 work, and the name of the vendor and vendor technician that provided the
11 service. The Contractor shall submit each invoice within 60 days after the month
12 in which the Contractor performs services and in any case within 60 days after
13 the end of the term or termination of this Agreement.
14 2. Section 15. ENTIRE AGREEMENT located on page 13 is deleted and replaced with the
15 following:
16 "This Agreement constitutes the entire Agreement between the Contractor and
17 the County with respect to the subject matter hereof and supersedes all previous
18 Agreement negotiations, proposals, commitments, writings, advertisements,
19 publications, and understandings of any nature whatsoever unless expressly
20 included in this Agreement. In the event of any inconsistency in interpreting the
21 documents which constitute this Agreement, the inconsistency shall be resolved
22 by giving precedence in the following order of priority: (1) the text of this
23 Amendment No. 1; (2) the Agreement excluding Exhibits A through B; and (3)
24 Exhibits A through B."
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:
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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 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 5. 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 6. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
9 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
10 effect.
11 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause.
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TK ELEVATOR CCOO57ATION COUNTY OF FRESNO
� J
Rob Preston, General Manager
6 Nathan Magsig, Chairman of the Board of
3100 Interstate N. Circle, Suite 500 Supervisors of the County of Fresno
7 Atlanta GA, 30339
Attest:
8 Bernice E. Seidel
Clerk of the Board of Supervisors
g County of Fresno, State of California
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By: _
11 Deputy
12 For accounting use only:
13 Org No.: 8935
Account No.: 7220
14 Fund No.: 1045
Subclass No.: 10000
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