HomeMy WebLinkAboutAgreement A-16-698-2 with Fresno County Superintendent of Schools.pdf- 1 -
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SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (hereinafter “Second Amendment”) is
made and entered into this 12th day of May, 2020, by and between COUNTY OF FRESNO, a Political
Subdivision of the State of California, Fresno, California (hereinafter “COUNTY”), and FRESNO
COUNTY SUPERINTENDENT OF SCHOOLS, a California Educational Organization, whose address is
1111 Van Ness Avenue, Fresno, California, 93721 (hereinafter "CONTRACTOR").
WITNESSETH:
WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. A-16-698, dated
December 13, 2016, and First Amendment No. A-16-698-1 dated June 20, 2017 (hereinafter
collectively referred to as “Agreement”), pursuant to which CONTRACTOR agreed to provide nutrition
education in schools and afterschool programs to COUNTY; and
WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order to
incorporate federally required terms and budget modifications without increasing the maximum
compensation amount payable, as stated below and restate the Agreement in its entirety.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
1.That the following section be inserted into the existing COUNTY Agreement No. A-16-
698 at Page Twelve (12), Line Twenty (20), with the number “22”:
“22. SINGLE AUDIT CLAUSE
COUNTY and CONTRACTOR, their officers, consultants, subcontractors, agents, and
employees shall comply with all applicable State, Federal, and local laws and regulations governing
projects that utilize Federal Funds including those identified in Exhibit E, attached hereto and
incorporated herein by reference.
A.If CONTRACTOR expends Seven Hundred Fifty Thousand Dollars ($750,000)
or more in Federal and Federal flow-through monies, CONTRACTOR agrees to conduct an annual
audit in accordance with the requirements of the Single Audit Standards as set forth in Office of
Management and Budget (OMB) Title 2 of the Code of Federal Regulations, Chapter II, Part 200.
CONTRACTOR shall submit said audit and management letter to COUNTY. The audit must include a
Agreement No. 16-698-2
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statement of findings or a statement that there were no findings. If there were negative findings,
CONTRACTOR must include a corrective action plan signed by an authorized individual.
CONTRACTOR agrees to take action to correct any material non-compliance or weakness found as a
result of such audit. Such audit shall be delivered to COUNTY’s Department of Public Health
Administration for review within nine (9) months of the end of any fiscal year in which funds were
expended and/or received for the program. Failure to perform the requisite audit functions as required
by this Agreement may result in COUNTY performing the necessary audit tasks, or at COUNTY’s
option, contracting with a public accountant to perform said audit, or, may result in the inability of
COUNTY to enter into future agreements with CONTRACTOR.
B. A single audit report is not applicable if all CONTRACTOR’s Federal contracts
do not exceed the Seven Hundred Fifty Thousand Dollars ($750,000) requirement or CONTRACTOR’S
federal funding is through Drug Medi-Cal.”
2. That the existing COUNTY Agreement No. A-16-698 Paragraphs Twenty-Two (22)
through Twenty-Five (25) be renumbered to read Paragraphs Twenty-Three (23) through Twenty-Six
(26).
3. That all references in existing COUNTY Agreement Nos. A-16-698, and A-16-698-1 to
“Exhibit A” and “Revised Exhibit A” be changed to read “Revised Exhibit A1”, where appropriate. A
copy of Revised Exhibit A1 is attached hereto and incorporated herein by reference.
4. That all references in existing COUNTY Agreement Nos. A-16-698, and A-16-698-1 to
“Exhibit B” and “Revised Exhibit B” be changed to read “Revised Exhibit B1”, where appropriate. A
copy of Revised Exhibit B1 is attached hereto and incorporated herein by reference.
5. Except as otherwise provided in this Second Amendment, all other provisions of the
Agreement remain unchanged and in full force and effect. This Second Amendment shall become
effective retroactive to December 13, 2016.
COUNTY and CONTRACTOR agree that this Second Amendment is sufficient to again amend
the Agreement and, that upon execution of this Second Amendment, the Agreement, the First
Amendment, and this Second Amendment together shall be considered “the Agreement”.
The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
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covenants, conditions and promises contained in the Agreement and not amended herein shall remain
in full force and effect.
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EXECUTED AND EFFECTIVE as of the date first above set forth .
CONTRACTOR:
Fresno County Superintendent of Schools
10 Jim A. Yovino, Superintendent
Print Name & Title
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1111 Van Ness Avenue, Fresno, CA 93721
Mailing Address
FOR ACCOUNTNG
USE ONLY:
ORG No.:
25 Account No.:
56201662
7295
0001/10000
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Fund/Subclass:
SA
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COUNTY OF FRESNO:
Ernest Buddy Mendes, irman of the Board
of Supervisors of the County of Fresno
ATTEST:
Bernice E . Seidel
Clerk of the Board of Supervisors
County of Fresno , State of Californ ia
By:
Deputy