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HomeMy WebLinkAboutP-24-566 Amendment 1.pdf P-24-566 Amendment 1 County of Fresno 1 AMENDMENT NO. I TO SERVICE AGREEMENT 2 This Amendment No. 1 to Service Agreement ("Amendment No. 1") is dated 3 October 24, 2025 and is between CompuTrust Software 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 July 1, 2024, County and Contractor entered into an Agreement No. 24-566 to 8 provide CompuTrust Case Management and Trust Accounting Software System license, 9 maintenance, and support to provide trust accounting and case management for the Public 10 Guardian. 11 B. The County and the Contractor now desire to amend the Agreement to reflect the new 12 Director of Information Technology having renewal authority instead of the Director of Internal 13 Services. 14 The parties therefore agree as follows: 15 1. That the existing County Agreement No. 24-566, section 4.2 "Extension", beginning on 16 page six (6), lines seventeen (17) through twenty-three (23) be deleted it its entirety and 17 replaced with the following: 18 "Extension. The term of this Agreement may be extended for no more than two, one- 19 year periods only upon the written approval of both parties at least 30 days before the first day 20 of the next one-year extension period. The Director of Information Technology Services/Chief 21 Information Officer or his or her designee is authorized to sign the written approval on behalf of 22 the County based on the Contractor's satisfactory performance. The extension of this 23 Agreement by the County is not a waiver or compromise of any default or breach of this 24 Agreement by the Contractor existing at the time of the extension whether or not known to the 25 County." 26 2. That all references to "Director of Internal Services/Chief Information Officer" shall be 27 deemed references to "Director of Information Technology Services/Chief Information Officer." 28 1 P-24-566 Amendment 1 County of Fresno 1 3. When both parties have signed this Amendment No. 1, the Agreement, and this 2 Amendment No. 1 together constitute the Agreement. 3 4. The Contractor represents and warrants to the County that: 4 a. The Contractor is duly authorized and empowered to sign and perform its obligations 5 under this Amendment. 6 b. The individual signing this Amendment on behalf of the Contractor is duly authorized 7 to do so and his or her signature on this Amendment legally binds the Contractor to 8 the terms of this Amendment. 9 5. The parties agree that this Amendment may be executed by electronic signature as 10 provided in this section. 11 a. An "electronic signature" means any symbol or process intended by an individual 12 signing this Amendment to represent their signature, including but not limited to (1) a 13 digital signature; (2) a faxed version of an original handwritten signature; or (3) an 14 electronically scanned and transmitted (for example by PDF document) version of an 15 original handwritten signature. 16 b. Each electronic signature affixed or attached to this Amendment (1) is deemed 17 equivalent to a valid original handwritten signature of the person signing this 18 Amendment for all purposes, including but not limited to evidentiary proof in any 19 administrative or judicial proceeding, and (2) has the same force and effect as the 20 valid original handwritten signature of that person. 21 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5, 22 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 23 2, Title 2.5, beginning with section 1633.1). 24 d. Each party using a digital signature represents that it has undertaken and satisfied 25 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) 26 through (5), and agrees that each other party may rely upon that representation. 27 28 2 P-24-500 Amendment 1 County ofFresno 1 e. This Amendment ia not conditioned upon the parties conducting the transactions 2 under it by electronic means and either party may sign this Amendment with an 3 original handwritten signature 4 8. This Amendment may be signed iO counterparts, each of which ismn original, and all Of 5 which together constitute this Amendment. 8 7. The Agreement as amended by this Amendment No. 1 is ratified and continued. All 7 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and 8 effect. 9 /V 10 �Y 11 �Y 12 �V 13 �V 14 /V 15 /V 18 /V 17 W 18 8Y 19 �V 20 /V 21 8/ 22 8/ 23 /V 24 /0 25 6Y 28 6V 27 8Y 28 /Y 3 P-24-566 Amendment 1 County of Fresno 1 The parties are signing this Amendment No. 1 on the date stated in the introductory clause. 2 3 CornpuTrust Software Corporation County of Fresno 4 ally signed ckbur 5 _JZ Riley Blackburn DateDigit:2025.10.24by 13Riley:56:23Bla-07'00'n 6 Anthony Kessel, CEO Riley Blackburn, Purchasing Manager 36 Chatham Court 7 San Jose, California 95139 8 9 10 For accounting use only: 11 Org No.: 8905 12 Account No.: 7311 Fund No.: 1020 13 Subclass No.: 100 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4