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HomeMy WebLinkAboutAgreement A-25-463 Amendment No. 2 to Agreement 04-104 with the County of Tulare.pdf Agreement No. 25-463 1 AMENDMENT NO. 2 TO AGREEMENT A-04-104 2 This Amendment No. 2 to Agreement ("Amendment No. 2") is dated 3 September 9, 2025 and is between County of Tulare, a political Subdivision of the State of 4 California ("Tulare"), and County of Fresno, a political subdivision of the State of California 5 ("Fresno"). 6 Recitals 7 A. On March 16 ,2004, Fresno and Tulare entered into Agreement Number A-04-104 8 ("Agreement"), which Fresno agreed to provide Emergency Medical Services Agency 9 Administration to Tulare. 10 B. On July 1, 2019, Fresno and Tulare amended the Agreement. 11 C. Fresno and Tulare now desire to further amend the Agreement in order to modify 12 compensation terms. 13 The parties therefore agree as follows: 14 1. Section F ("Compensation") of the Agreement, as previously amended, located on page 15 1, line 17 through line 19 of the Fourth Amendment to the Agreement is deleted in its entirety 16 and replaced with the following: 17 "Effective July 1, 2025, compensation paid by Tulare to Fresno under this 18 Agreement for the provision of services hereunder shall be at a rate of Sixty 19 Thousand, Eight Hundred Eighty Dollars and 00/100 ($60,880.00) annually." 20 2. When both parties have signed this Amendment No. 2, the Agreement, the First through 21 Fourth Amendments, and this Amendment No. 2 together constitute the Agreement. 22 3. Tulare represents and warrants to Fresno that: 23 a. Tulare is duly authorized and empowered to sign and perform its obligations under 24 this Amendment. 25 b. The individual signing this Amendment on behalf of Tulare is duly authorized to do so 26 and his or her signature on this Amendment legally binds Tulare to the terms of this 27 Amendment. 28 1 1 4. The parties agree that this Amendment may be executed by electronic signature as 2 provided in this section. 3 a. An "electronic signature" means any symbol or process intended by an individual 4 signing this Amendment to represent their signature, including but not limited to (1) a 5 digital signature; (2) a faxed version of an original handwritten signature; or (3) an 6 electronically scanned and transmitted (for example by PDF document) version of an 7 original handwritten signature. 8 b. Each electronic signature affixed or attached to this Amendment (1) is deemed 9 equivalent to a valid original handwritten signature of the person signing this 10 Amendment for all purposes, including but not limited to evidentiary proof in any 11 administrative or judicial proceeding, and (2) has the same force and effect as the 12 valid original handwritten signature of that person. 13 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5, 14 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 15 2, Title 2.5, beginning with section 1633.1). 16 d. Each party using a digital signature represents that it has undertaken and satisfied 17 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) 18 through (5), and agrees that each other party may rely upon that representation. 19 e. This Amendment is not conditioned upon the parties conducting the transactions 20 under it by electronic means and either party may sign this Amendment with an 21 original handwritten signature. 22 5. This Amendment may be signed in counterparts, each of which is an original, and all of 23 which together constitute this Amendment. 24 6. The Agreement as previously amended and as amended by this Amendment No. 2 is 25 ratified and continued. All provisions of the Agreement as previously amended and not 26 amended by this Amendment No. 2 remain in full force and effect. 27 [SIGNATURE PAGE FOLLOWS] 28 2 1 The parties are signing this Amendment No. 2 on the date stated in the introductory 2 clause. 3 C(6N4Y OF TULARE COUNTY OF FRESNO i 5 6 Pete Vander Poel, Chair, Board of Ernest Buddy Mendes, hairman of the Supervisors of the County of Tulare Board of Supervisors of County of Fresno 7 Attest: Attest: 8 Jason T. Britt Bernice E. Seidel County Administrative Officer/Clerk of the Clerk of the Board of Supervisors 9 Board of the Supervisors of the County of County of Fresno, State of California Tulare 10 r By: 11 Deputy 12 Deputy Clerk 13 =j For accounting use only: 14 Org No.: 56201692 15 Account No.: 4895 Fund No.: 0001 16 Subclass No.: 10000 17 18 19 Approve As To Form: County Counsel 20 By: ucN. aott 21 Deputy 22 Date: 6/13/2025 23 Matter No: 2025711 24 25 26 27 28 3