HomeMy WebLinkAboutFully Executed Amendment (2).pdf Agreement No. 24-619
1 AMENDMENT NO. 1 TO SERVICE AGREEMENT
2 This Amendment No. 1 to Service Agreement ("Amendment No. 1") is dated
3 December 3, 2024 and is between Pre-Sort Center of Stockton, Inc. dba PacWest Direct, a
4 California corporation ("Contractor"), and the County of Fresno, a political subdivision of the
5 State of California ("County").
6 Recitals
7 A. On February 22, 2022, the County and the Contractor entered into Agreement No. 22-
8 064 ("Agreement"), for presort and mailing services for United States Postal Services (USPS)
9 mail.
10 B. On September 6, 2024, the Contractor notified the County that they intended to use a
11 subcontractor for duties that were pre-established as the Contractor's responsibility.
12 C. The County and the Contractor now desire to amend the Agreement to enable the
13 Contractor to use a subcontractor for duties as needed.
14 The parties therefore agree as follows:
15 1. Section 8 "NON-ASSIGNMENT" of the Agreement located on page 5, lines 5-6 are
16 deleted and replaced with the following:
17 "Neither party shall assign or transfer this Agreement nor their rights under this
18 Agreement without the prior written consent of the other party. The use of a
19 subcontractor for duties as established in Exhibit B is acceptable. The County
20 and the Contractor mutually agree that should the Contractor use a
21 subcontractor, then the Contractor assumes all liability resulting from any service
22 provided and/or work completed by said subcontractor. The Contractor alone is
23 responsible for ensuring that any subcontractor shall abide by the terms set forth
24 in the Agreement and assures that any subcontractor shall be capable of
25 providing the services as defined in the Agreement. Any fees incurred as a result
26 of using a subcontractor shall be the sole responsibility of the Contractor and
27 shall not alter the agreed upon rates between the Contractor and the County in
28 any way."
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1 2. Section 10 "INSURANCE" of the Agreement located on page 6, after line 11 is amended
2 to add the following:
3 a. "Subcontractors. The Contractor shall require and verify that all subcontractors
4 used by the Contractor to provide services under this Agreement maintain
5 insurance meeting all insurance requirements provided in this Agreement. This
6 paragraph does not authorize the Contractor to provide services under this
7 Agreement using subcontractors."
8 3. Section 16 "ENTIRE AGREEMENT" located on page 9, line 28 through page 10,
9 lines 1-3 are deleted and replaced with the following:
10 " This Agreement, including its exhibits, is the entire agreement between the
11 Contractor and the County with respect to the subject matter of this Agreement,
12 and it supersedes all previous negotiations, proposals, commitments, writings,
13 advertisements, publications, and understandings of any nature unless those
14 things are expressly included in this Agreement. If there is any inconsistency
15 between the terms of this Agreement without its exhibits and the terms of the
16 exhibits, then the inconsistency will be resolved by giving precedence first to (1)
17 the terms of this Amendment, (2) the Agreement without its exhibits, and (3) the
18 terms of the exhibits."
19 4. When both parties have signed this Amendment No. 1, the Agreement, and this
20 Amendment No. 1 together constitute the Agreement.
21 5. The Contractor represents and warrants to the County that:
22 a. The Contractor is duly authorized and empowered to sign and perform its obligations
23 under this Amendment No. 1.
24 b. The individual signing this Amendment No. 1 on behalf of the Contractor is duly
25 authorized to do so and his or her signature on this Amendment No. 1 legally binds
26 the Contractor to the terms of this Amendment No. 1.
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1 6. 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
3 full force and effect.
4 [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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Pre-Sort Center of Stockton, Inc, dba COUNTY OF FRESNO
4 PacWest Direct
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6 Nathan Magsig, Chairman of the Board of
Richard Lovitt, Chief Operating Officer Supervisors of the County of Fresno
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496 S. Uruapan Way Attest:
8 Dinuba, CA 93618 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.: 8905
Account No.: 7267
14 Fund No.: 1020
Subclass No.: 10000
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