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AMENDMENT TWO TO AGREEMENT
THIS AMENDMENT NO. TWO to Agreement No. 15-026 (hereinafter “Amendment Two”) is
made and entered into this _____ day of___________, 2015, by and between the County of
Fresno, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and
Schindler Elevator Corporation whose address is 1329 N. Market Blvd., Suite 120, Sacramento,
CA 95834-2941, hereinafter referred to as "CONTRACTOR".
WITNESSETH:
WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. 15-026, dated January
13, 2015 (hereinafter “Agreement”) pursuant to which CONTRACTOR agreed to provide
preventive maintenance and repair services for elevators at various COUNTY-owned facilities;
WHEREAS, COUNTY and CONTRACTOR entered into Amendment One to the Agreement on
July 14, 2015 (County Agreement 15-026-1) to increase the maximum Agreement cost by
$120,000; and
WHEREAS, COUNTY and CONTRACTOR now desire to further amend the Agreement to
include additional services and increase the total compensation accordingly.
NOW, THEREFORE, COUNTY and CONTRACTOR agree to amend the Agreement as
follows:
1. The portion of the existing Agreement, as set forth in Amendment One on page 1,
beginning on line 18 with the word “Maximum” and ending on line 25 with the word
“CONTRACTOR,” is hereby deleted and replaced with the following:
“Maximum compensation under the terms of this Agreement shall not exceed
$833,624.00 for year one of this Agreement. Maximum compensation under the terms
of this Agreement shall not exceed $513,624.00 annually for all subsequent years. In no
event shall services performed under this Agreement be in excess of $1,860,872.00
during the initial three-year term of this Agreement, nor shall services performed under
this Agreement exceed $2,888,120.00 for the potential five-year term of this Agreement.
It is understood that all expenses incidental to CONTRACTOR’S performance of
services under this Agreement shall be borne by CONTRACTOR.”
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COUNTY and CONTRACTOR agree this Amendment Two is sufficient to amend the
Agreement, and that upon execution of this Amendment Two, the Agreement, Amendment One,
and Amendment Two shall together 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.
1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment Two as of the day
2 and year first hereinabove written.
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CONTRACTOR
-1M44~
Schindler Elevator Corporation
1329 N. Market Blvd., Ste. 120
Sacramento, CA
DATE: I 0 /o7/J_s-
APPROVED AS TO ACCOUNTING FORM
Vicki Crow, CPA
Audi~;;;:_~~~er-Tax Collector
By
APPROVED AS TO LEGAL FORM
DS::"7k""'
B~
FOR ACCOUNTING USE ONLY:
ORG No.: 8935
Acct. No.: 7205
ORG No.:
Acct. No.:
7511
7295
DATE: II-tL\-d-..0 lS
ATTEST: ~u~ &sha>p 1 ~~
Bernice E. Seidel, Clerk
Board of Supervisors
REVIEWED & RECOMMENDED FOR
APPROVAL
~~
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Robert W. Bash
Director of Internal Services/
Chief Information Officer
aurel C. Prysiazny
County Librarian