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HomeMy WebLinkAboutAgreement A-18-697-1 with The Regents of the University of California.pdf1 2 AMENDMENT I TO AGREEMENT THIS AMENDMENT TO AGREEMENT (hereinafter "Amendment") is made and entered into 3 this __ day of ____ , 2021 , by and between COUNTY OF FRESNO , a Political Subdivision of 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the State of California , Fresno , California (hereinafter "USER"), and The Regents of the University of California , on behalf of its Davis campus UC Davis Extension , a public education institution, whose address is 1333 Research Park Drive , Davis , California (hereinafter "UNIVERSITY"). WITNESS ETH: WHEREAS , USER and UNIVERSITY entered into Agreement number 18-697, dated 11 th day of December, 2018 (hereinafter "Agreement"), pursuant to which UNIVERSITY agreed to provide major skills training courses to USER's Department of Behavioral Health personnel who provide related services in fulfillment of their goals and objectives ; and WHEREAS , the Agreement provided for an in-kind contribution for services rendered during the period July 1, 2018 through June 30 , 2019, but for no other years and USER and UNIVERSITY now desire to amend the Agreement in order to include a 7% in-kind contribution by UNIVERSITY for FY 2020-21 trainings and extend the term of the Agreement for an additional two (2) years . NOW, THEREFORE , for good and valuable consideration , the receipt and adequacy of which is hereby acknowledged , COUNTY and UNIVERSITY agree as follows : 1. Exhibit A of the Agreement , located on page 7 , lines 1 through 28, is deleted in its entirety and replaced with Revised Exhibit A , attached hereto and incorporated herein by reference . 2 . Section 2 of the Agreement , located on page 1, lines 19 through 20 , is deleted in its entirety and replaced with the following : "This Agreement shall become effective on the 11 th day of December, 2018 and shall terminate on the 30 th day of June, 2022 . This Agreement shall be extended for one (1) additional twelve (12) month period upon written approval of both parties no later than sixty (60) days prior to the first day of the next twelve (12) month extension . The COUNTY's Department of Behavioral Health Director, or designee , is authorized to execute such written approval on behalf of COUNTY based on CONTRACTOR's satisfactory performance . " - 1 - Agreement No. 18-697-1 8th June 1 3. ELECTRONIC SIGNATURE: The parties agree that this Agreement may be executed 2 by electronic signature as provided in this section . An "electronic signature" means any symbol or 3 process intended by an individual signing this Agreement to represent their signature , including but not 4 limited to (1) a digital signature ; (2) a faxed version of an original handwritten signature ; or (3) an 5 electronically scanned and transmitted (for example by PDF document) of a handwritten signature . 6 Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid 7 original handwritten signature of the person signing this Agreement for all purposes , including but not 8 limited to evidentiary proof in any administrative or judicial proceeding , and (2) has the same force and 9 effect as the valid original handwritten signature of that person . The provisions of this section satisfy 10 the requirements of Civil Code section 1633 .5 , subdivision (b), in the Uniform Electronic Transaction 11 Act (Civil Code , Division 3 , Part 2 , Title 2 .5 , beginning with section 1633.1 ). Each party using a digital 12 signature represents that it has undertaken and satisfied the requirements of Government Code 13 section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely 14 upon that representation . This Agreement is not conditioned upon the parties conducting the 15 transactions under it by electronic means and either party may sign this Agreement with an original 16 handwritten signature . 17 USER and UNIVERSITY agree that this Amendment is sufficient to amend the Agreement and , 18 that upon execution of this Amendment , the Agreement and this Amendment together shall be 19 considered the Agreement. 20 The Agreement, as hereby amended, is ratified and continued . All provisions , terms , 21 covenants , conditions and promises contained in the Agreement and not amended herein shall remain 22 in full force and effect. 23 Ill 24 Ill 25 Ill 26 Ill 27 Ill 28 Ill - 2 - 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment I to Agreement as of 2 the day and year first hereinabove written . 3 4 5 6 7 THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (Authorized Signature) ~ G ra Ce L .1 U Digitally signed by Grace Liu Date: 2021.05.21 16:10:19 --07'00' 8 Grace Liu, J.D. Associate Director 9 ~ ,rorl Drnnrc,mc, 10 11 12 13 14 15 16 17 i+---------------- 1850 Research Park Drive, Suite 300 Davis, CA 95618 18 FOR ACCOUNTING USE ONLY: 19 20 21 22 23 24 25 26 27 28 Fund:0001 Subclass: 10000 ORG:5630 Account: 7295 Stevl Brandau Chairman 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 California By : ~d~ru_1.,t__' ~C..-· &r~..4~--- Dep ~ -3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REVISED EXHIBIT A TRAINING PROGRAM 1. 81.00 Unit(s) each twelve (12) month period of training FYs 2018-19 , 2019-20 , and 2020-21 and 35.29 unit(s) in each twelve (12) month period of training FY 2021-22 and FY 2022-23 in the subject areas selected by the agency from the UC Davis Continuing and Professional Education curriculum. 2. University will provide the following: a. Needs assessment, curriculum planning and implementation. b. Instructional and student services. c. Instructional materials. d. Evaluation and feedback. e. Continuing education credit. f. Off-site training site and audio-visual equipment when on-site facility and equipment are not available . (Extra training units may be charged .) g. Food and non-alcoholic beverages when requested by the User in writing. (Extra training units may be charged .) h. Any other items when requested by the User in writing and approved by University. (Extra training units may be charged .) 1. An in-kind contribution of I 0% during funding year 2018-2019 and 7% during funding year 2020-2021 , to be applied only to actual expenses incurred , as set forth below . 3. User will provide the following : a. Training facility and audio-visual equipment. b . On-site coordination of training. Breakdown of Contract Amounts: Total for Funding Years 2018-2023 $1,332,750.00 Total for 2018-2019 $344,250.00 Training Units 81.00 Total for 2019-2020 Training Units 81.00 CHS Daily Rate $4,250 .00 $344 ,250.00 Total Contract Amount ($34,425.00) Less CPE 10% Cost Share $309,825.00 Total Client Contract Share $344,250.00 CHS Daily Rate $4,250.00 $344 ,250.00 Total Contract Amount ($0.00) Less CPE 0% Cost Share $344,250.00 Total Client Contract Share - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Total for 2020-2021 Training Units 81.00 Total for 2021-2022 Training Unit s 35.29 Total for 2022-2023 Training Units 35.29 $344,250.00 CHS Daily Rate $4,250 .00 $344 ,250.00 Total Contract Amount ($24,097.50) Less CPE 7% Cost Share $320,152.50 Total Client Contract Share $150,000.00 CHS Daily Rate $4,250.00 $150 ,000.00 Total Contract Amount ($10,500 .00) Less CPE 7% Cost Share $139,500.00 Total Client Contract Share $150,000.00 CHS Daily Rate $4,250.00 $150 ,000.00 Total Contract Amount ($10,500 .00) Less CPE 7% Cost Share $139,500.00 Total Client Contract Share - 5 -