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HomeMy WebLinkAboutAgreement A-25-461 Amendment No. 5 to Agreement 90-257 with the County of Kings.pdf Agreement No. 25-461 1 AMENDMENT NO. 5 TO AGREEMENT A-90-257 2 This Amendment No. 5 to Agreement ("Amendment No. 5") is dated 3 September 9, 2025 and is between County of Kings, a political Subdivision of the State of 4 California ("Kings"), and County of Fresno, a political subdivision of the State of California 5 ("Fresno"). 6 Recitals 7 A. On June 21, 1990, Fresno and Kings entered into Agreement Number A-90-257 8 ("Agreement'), which Fresno agreed to provide Emergency Medical Services Agency 9 Administration to Kings. 10 B. On November 10, 1992, June 28, 1994, April 13, 1999, and May 21, 2019, Fresno and 11 Kings amended the Agreement. 12 C. Fresno and Kings now desire to further amend the Agreement in order to modify 13 compensation terms. 14 The parties therefore agree as follows: 15 1. Section D ("Compensation") of the Agreement, as previously amended, located on page 16 1, line 17 through line 22 of the Fourth Amendment to the Agreement is deleted in its entirety 17 and replaced with the following: 18 "Effective July 1, 2025, compensation paid by Kings to Fresno under this 19 Agreement for the provision of services hereunder shall be at a rate of Sixty 20 Thousand, Eight Hundred Eighty Dollars and 00/100 ($60,880.00) annually." 21 2. When both parties have signed this Amendment No. 5, the Agreement, the First through 22 Fourth Amendments, and this Amendment No. 5 together constitute the Agreement. 23 3. Kings represents and warrants to Fresno that: 24 a. Kings is duly authorized and empowered to sign and perform its obligations under 25 this Amendment. 26 b. The individual signing this Amendment on behalf of Kings is duly authorized to do so 27 and his or her signature on this Amendment legally binds Kings to the terms of this 28 Amendment. 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. 5 is 25 ratified and continued. All provisions of the Agreement as previously amended and not 26 amended by this Amendment No. 5 remain in full force and effect. 27 [SIGNATURE PAGE FOLLOWS] 28 2 1 The parties are signing this Amendment No. 5 on the date stated in the introductory 2 clause. 3 COUNTY OF KINGS COUNTY OF FRESNO 4 5 �`� 07-22-2025 E nr est Bu Men H, � 6 Doug Ver oon, Chairman, Board of of the Board of Supervisors of Supervisors of the County of Kings County of Fresno 7 Attest: Attest: 8 Bernice E. Seidel Clerk of the Board of Supervisors 9 County of Fresno, State of California 10 Catherine Venturella, Clerk, Board of Supervisors County of Kings, State of California 11 By: Deputy 12 Risk Management Approved as to Insurance 13 14 - a� � By: P"t 6138B3CAD3655617F555&3489257E37C m"lye16^ 15 Sarah Poots, Risk Manager 16 17 Approved as to FORM Laurie Favini, Interim County Counsel 18 19 2 By. 0 Crystal M. Pizano, Deputy County Counsel 21 22 For accounting use only: 23 Org No.: 56201692 24 Account No.: 4895 Fund No.: 0001 25 Subclass No.: 10000 26 27 28 3