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AGREEMENT NO. 10-651-2
SECOND AMENDMENT TO AGREEMENT
This AMENDMENT II TO AGREEMENT 10-651 (hereinafter referred to as
"Amendment II") is made and entered into this 24th day of March , 2015, by and
between the COUNTY OF FRESNO, a political subdivision of the State of California, hereinafter
referred to as "COUNTY," and HITACHI DATA SYSTEMS CORPORATION whose address is
2845 Lafayette Street, Santa Clara, CA 95050-2639, hereinafter referred to as "CONTRACTOR", .
WITNESSETH:
WHEREAS, COUNTY and AVRIO entered into an Agreement dated December 7, 2010
(identified as County Agreement No. 10-651) pursuant to which CONTRACTOR agreed to
install and service a comprehensive video security system as part of the Sheriff's Office
sponsored Video Infrastructure Protection Program (VIPP); and,
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WHEREAS, COUNTY and CONTRACTOR entered into Amendment I to Agreement 10-
651, dated December 11, 2013, in order to amend the Scope of Work and increase the
maximum compensation amount (hereinafter County Agreement No. 10-651, together with
Amendment I to Agreement No. 10-651, shall be referred to as the "Agreement"); and,
WHEREAS, COUNTY, AVRIO and CONTRACTOR entered into an Assignment of the
Agreement whereby CONTRACTOR agreed to assume all of AVRIO's rights and interest in,
and assume all of AVRIO's obligations under, the Agreement; and,
WHEREAS, the Sheriff's O~ce is continuing to expand its VIPP and has reached the
previous agreed upon spending limit; and,
WHEREAS, the next phase of the VIPP requires the installation of an approximately 60
to 80 foot communication tower to transmit wireless video signals from the Caruthers/Riverdale
area back to the Sheriff's Administration building; and,
WHEREAS, the Sheriff has been awarded Federal Homeland Security funding
designated exclusively for the VIPP, that will be used as needed for the tower as well as other
equipment needed for the ongoing expansion of the VIPP; and,
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WHEREAS, the Sheriff has also designated a portion of a Justice administration Grant
(JAG) toward enhancing the VIPP; and,
WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order
to amend the Scope of Work and increase the maximum amount payable to Two Million,
Twenty Seven Thousand, Nine Hundred Eighty Three Dollars and No Cents ($2,027,983.00).
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, COUNTY and the CONTRACTOR agree as follows:
1. That Section No.5 of the Agreement, entitled "COMPENSATION /INVOICING",
beginning on page 8 line 7 with the words "In no" and ending on line 11 with the
words "by CONTRACTOR , shall be deleted and replaced with the following:
"In no event shall the maximum amount payable to
CONTRACTOR under this Agreement exceed Two Million, Twenty Seven
Thousand, Nine Hundred Eighty Three Dollars and No Cents
($2,027,983.00.) It is understood that all expenses incidental to
CONTRACTOR'S performance of services under this Agreement, as
amended, shall be borne by CONTRACTOR."
This Amendment II will be effective as of the date first written above. COUNTY and
CONTRACTOR agree that this Amendment I is sufficient to amend the Agreement and that upon
execution of this Amendment II, the Agreement and Amendment I together shall be considered
the Agreement.
The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
covenants, conditions and promises contained in the Agreement and not amended herein shall
remain in full force and effect.
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3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
4 and year first hereinabove written.
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6 HITACHI DATA SYSTEMS
CORPO AT
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Print Name & Title
10 K. L. BARNES
DIVISION SALES CONTROLLER
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Mailing Address
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DATE:
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Deborah A Poochigian, Chair
Supervisors
A TrEST:
BERNICE E. SEIDEL, Clerk
Board of Supervisors
By~~ ~~lt(.>
Deputy
DATE:
REVIEWED & RECOMMENDED FOR
APPROVAL
Margaret Mims, Sheriff
APPROVED AS TO ACCOUNTING FORM
APPROVED AS TO LEGAL FORM
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FUND
SUBCLASS
ORG
ACCOUNT
0001 General Fund
10000
31116396 Homeland Security
8300
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