HomeMy WebLinkAboutAgreement A-25-025 First Amendment to MSA Workplace Investigations.pdf Agreement No. 25-025
1 AMENDMENT NO. 1 TO MASTER SERVICE AGREEMENT
2 (Workplace Investigations — County of Fresno)
3 This Amendment No. 1 to Master Service Agreement (Workplace Investigations —
4 County of Fresno) ("Amendment No. 1") is dated January 28, 2025 and is between each
5 contractor listed in Exhibit A-1 to this Amendment No. 1, "Third Party Investigations Firm List"
6 ("Contractors"; each, a "Contractor"), and the County of Fresno, a political subdivision of the
7 State of California ("County").
8 Recitals
9 A. On August 8, 2023, the County entered into a Master Service Agreement (Workplace
10 Investigations —County of Fresno), which is County agreement number 23-388 ("Agreement"),
11 with the various firms listed on Exhibit A to the Agreement. The purpose of the Agreement was
12 to provide for workplace investigations at the County.
13 B. Since the parties entered the Agreement, the County has had a greater need for
14 workplace investigations than initially anticipated.
15 C. The County and the Contractors now desire to amend the Agreement to increase the
16 maximum compensation payable to the Contractor from $350,000 to $1,500,000 for the initial
17 three-year term and for$250,000 during each optional period.
18 The parties therefore agree as follows:
19 1. Section 3.2 of the Agreement, "Compensation; Maximum Compensation," located at
20 page 5, lines 10 through 19, is amended to read as follows:
21 "The maximum compensation payable, in the aggregate to the Contractors, listed
22 in Exhibit A-1, under this Agreement is $1,500,000 for the Term (as defined in
23 section 4.1 of the Agreement, "Term"). In the event this Agreement is extended
24 under section 4.2 of the Agreement, "Extension," for the first one-year optional
25 period, the maximum compensation payable, in the aggregate to the Contractors,
26 listed in Exhibit A-1, under this Agreement is $250,000 for the first optional period
27 and a cumulative $1,750,000 for the Term, as so extended. In the event this
28 agreement is extended under section 4.2 of the Agreement, "Extension," for the
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Amendment No. 1, "Third Party Investigations Firm List"
1 second one-year optional period, the maximum compensation payable, in the
2 aggregate to the Contractors, listed in Exhibit A-1, under this Agreement is
3 $250,000 for the second optional period and a cumulative $2,000,000 for the
4 Term, as so further extended.
5 2. Section 3.3 of the Agreement, is amended at line 21 of page 5 to change the amount on
6 that line from $500,000 to $2,000,000.
7 3. When all parties have signed this Amendment No. 1, the Agreement, together with this
8 Amendment No. 1, constitutes the Agreement.
9 4. Each Contractor represents and warrants to the County that:
10 a. The Contractor is duly authorized and empowered to sign and perform its obligations
11 under this Amendment.
12 b. The individual signing this Amendment No. 1 on behalf of the Contractor is duly
13 authorized to do so and his or her signature on this Amendment legally binds the
14 Contractor to the terms of this Amendment.
15 5. The parties agree that this Amendment No. 1 may be executed by electronic signature
16 as provided in this section.
17 a. An "electronic signature" means any symbol or process intended by an individual
18 signing this Amendment No. 1 to represent their signature, including but not limited
19 to (1) a digital signature; (2) a faxed version of an original handwritten signature; or
20 (3) an electronically scanned and transmitted (for example by PDF document)
21 version of an original handwritten signature.
22 b. Each electronic signature affixed or attached to this Amendment No. 1 (1) is deemed
23 equivalent to a valid original handwritten signature of the person signing this
24 Amendment No. 1 for all purposes, including but not limited to evidentiary proof in
25 any administrative or judicial proceeding, and (2) has the same force and effect as
26 the valid original handwritten signature of that person.
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Amendment No. 1, "Third Party Investigations Firm List'
1 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
2 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
3 2, Title 2.5, beginning with section 1633.1).
4 d. Each party using a digital signature represents that it has undertaken and satisfied
5 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
6 through (5), and agrees that each other party may rely upon that representation.
7 e. This Amendment No. 1 is not conditioned upon the parties conducting the
8 transactions under it by electronic means and either party may sign this Amendment
9 with an original handwritten signature.
10 6. This Amendment No. 1 may be signed in counterparts, each of which is an original, and
11 all of which together constitute this Amendment.
12 7. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
13 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
14 effect.
15 [SIGNATURE PAGE FOLLOWS]
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Amendment No. 1, "Third Party Investigations Firm List'
1 The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause.
3 CONTRACTOR(S)
4 SEE ATTACHED EXHIBIT A
5
COUNTY OF FRESNO
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7
8 Ernest Buddy Men es, Chairman of the Board
of Supervisors of the County of Fresno
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Attest:
10 Bernice E. Seidel
Clerk of the Board of Supervisors
11 County of Fresno, State of California
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By:
13 Deputy
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17 PLEASE SEE ADDITIONAL SIGNATURE
PAGES ATTACHED
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For accounting use only:
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Org No.: 10100500
23 Account No.: 7295
Fund No.: 0001
24 Subclass No.: 10000
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Amendment No. 1, "Third Party Investigations Firm List'
I CONTRACTOR
2
LEIST&ASSOCIATE
3 �
4 Y�
5 William Leist, ,caner
6 635 Barstow Ave, #9
Clovis, CA 93612
7 (559) 307-3041
:,Hl(cDleistr, ,;;ssociates.corn
8 --
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Amendment No. 1, "Third Party Investigations Firm List"
1 CONTRACTOR
2 KRAMER WORKPLACE INVESTIGATIONS
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4 k4"Vjl
K ren Kramer, Owner
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PO Box 266
6 Danville, CA 94526
(925) 838-7564
7 ',aren(a).kramerlaw.net
Fax: (925) 838-7564
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Amendment No. 1, "Third Party Investigations Firm List"
1 CONTRACTOR
2 SLOAN SAKAI YEUNG &WONG LLP
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Genevieve Ng,partner
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1220 Seventh Street, 311 FI.
6 Berkeley, CA 94710
(510) 995-5800
7 iu�wwwansaKai.com
8 Fax: (916) 258-8801
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Amendment No. 1, "Third Party Investigations Firm List"
1 CONTRACTOR
2 VAN DERMYDEN MAKUS LAW CORPORATION
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Eli Mak anaging Partner
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2520 Venture Oaks Way, Suite 450
6 Sacramento, CA 95833
(916) 779-2402
7 erm@vmlawcorp.com
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Amendment No. 1, "Third Party Investigations Firm List"
1
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Exhibit A
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4 Third Party Investigations Firm List
5 1. Leist &Associates
6 635 Barstow Ave, #9
Clovis, CA 93612
7 (559) 307-3041
8 bill(@Ieistandassociates.com
9 Contractor's lead representative: William Leist, Owner
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11 2. Kramer Workplace Investigations
PO Box 266
12 Danville, CA 94526
13 (925) 838-6435
14 karen(@kramerlaw.net
15 Fax: (925) 838-7564
16 Contractor's lead representative: Karen Kramer, Owner
17 3. Sloan Sakai Yeung &Wong LLP
18 1220Seventh Street 3rd Fl.
19 Berkeley, CA 94710
20 (510) 995-5800
qnq a( sloansakai.com
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Fax: (916) 258-8801
22 Contractor's lead representative: Genevieve Ng, Partner
23 4. Van Dermyden Makus Law Corporation
24 2520 Venture Oaks Way, Suite 450
25 Sacramento, CA 95833
26 (916) 779-2402
erm(c).vmlawcorD.com
27 Contractor's lead representative: Eli Makus, Managing Partner
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Amendment No. 1, "Third Party Investigations Firm List"