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Home My WebLink AboutAgreement A-21-541 with CHC.pdf- 1 - 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 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT (hereinafter “Second Amendment”) is made and entered into this ____day of ________, 2021, by and between COUNTY OF FRESNO, a Political Subdivision of the State of California, Fresno, California (hereinafter “COUNTY”), and CALIFORNIA HEALTH COLLABORATIVE, a California Non-Profit Organization, whose address is 1680 West Shaw Avenue, Fresno, California, 93711 (hereinafter “CONTRACTOR”). WITNESSETH: WHEREAS, COUNTY and CONTRACTOR entered into Agreement Number A-19-122, dated March 12, 2019, pursuant to which CONTRACTOR agreed to assist and implement small retail vendors in adopting healthy food service and stocking guidelines and to promote compliance with federal lactation accommodation laws in targeted worksites within Fresno County; and WHEREAS, COUNTY and CONTRACTOR revised certain line items in Exhibit C (Budget) to Agreement No. A-19-122, to reallocate funds between line items in year one’s budget, via a memo dated July 26, 2019, and revised certain line items in Exhibit C to carry forward unspent monies from year one to year two’s budget, via a memo dated January 21, 2020 (hereinafter collectively referred to as “Memo Amendments”); and WHEREAS, COUNTY and CONTRACTOR entered into a First Amendment No. A-19-122-1, dated February 9, 2021, to amend the Agreement per the Centers for Disease Control and Prevention’s work plan modifications regarding assisting retail venues to assisting one venue in developing and implementing healthy food service guidelines in one location; and to amend the Agreement to reallocate the second year’s cost savings due to COVID-19 disruptions and sheltering in place orders to the third year’s budget and extend the work plan timeline; and WHEREAS, COUNTY and CONTRACTOR agreed in a written letter dated August 18, 2021 to extend the term of the Agreement for an additional twelve (12) month period, terminating September 30, 2022, unless extended by the parties pursuant to section three (3) of the Agreement; and WHEREAS, Agreement No. A-19-122, together with the Memo Amendments, First Amendment Agreement No. 21-541 14th Dec. - 2 - 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 No. A-19-122-1 and the letter agreement extending the term of the Agreement an additional twelve (12) months will hereinafter collectively be referred to as “Agreement No. A-19-122” or “the Agreement”; and WHEREAS, COUNTY and CONTRACTOR again desire to amend the Agreement to revise Year 3 and Year 4 budgets due to salary increases. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: 1. That all references in existing COUNTY Agreement No. A-19-122 to “Revised Exhibit C” shall be changed to read “REVISED Exhibit C-1,” attached hereto and incorporated herein by this reference. COUNTY and CONTRACTOR agree that this Second Amendment is sufficient to amend the Agreement, and that upon execution of this Second Amendment, the Agreement and this Second Amendment together shall be considered the Agreement. The parties agree that this Second Amendment may be executed by electronic signature as provided in this section. An “electronic signature” means any symbol or process intended by an individual signing this Amendment to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to this Amendment (1) is deemed equivalent to a valid original handwritten signature of the person signing this Amendment for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation. This Amendment is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Amendment with an original handwritten signature. - 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 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. This Second Amendment shall be effective retroactive to September 29, 2021. /// /// /// /// /// /// /// /// /// /// /// /// 1 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of the 2 date first above set forth. 3 4 CONTRACTOR: California He th Collaborative 5 1+--.U..:;.;;..!....-'-'--L----f--------- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Steven Ramirez, CEO 1680 W. Shaw Avenue. Fresno Ca 93711 Mailing Address FOR ACCOUNTNG USE ONLY: 22 ORG No.: 56201555 Account No.: 7295 23 Fund/Subclass: 0001/10000 24 25 26 27 28 COUNTY OF FRES/:,__, Steve Brad 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 -4- REVISED EXHIBIT C-1 19-122: Small retail vendors in adopting healthy food service guidelines and to promote compliance with federal lactation accommodation laws in targeted worksites Total Costs A Salaries and Wages 3/12/2019-9/29/2019 9/30/2019-9/29/2020 9/30/2020-9/29/2021 9/30/2021-9/29/2022 9/30/2022-9/29/2023 Position Title O ual FTE Actuals FTE Actuals FTE Budget FTE Budget FTE Budget Program Director All ####0.03 1,095.88 0.03 2,826.32 0.03 4,266.70 0.03 3,972.00 0.03 2,472.00 14,632.90 Program Coordinator All ####0.20 4,352.79 0.20 9,765.34 0.20 7,557.70 0.10 7,770.00 0.10 4,635.00 34,080.83 Program Coordinator All ####0.10 0.00 0.00 0.00 0.10 0.00 0.10 4,635.00 4,635.00 Total Salaries and Wages 5,448.67 12,591.66 11,824.40 11,742.00 11,742.00 53,348.73 B Fringe Benefits Benefit Rate Budget Benefit Rate Budget Benefit Rate Budget Benefit Rate Budget Benefit Rate Budget 0.30 1,560.55 0.30 3115.92 0.30 3,547.32 0.30 3,522.60 0.30 3,522.60 15,268.99 Total Personnel 7,009.22 15,707.58 15,371.72 15,264.60 15,264.60 68,617.72 D Equipment S O Budget Budget Budget Budget Budget N/A Total Equipment 0.00 0.00 0.00 0.00 0.00 E Supplies S O Budget Budget Budget Budget Budget Office supplies such as paper, pens, ink, binders, folders, etc. Al l 3.10 8.44 888.46 300.00 300.00 1,500.00 Total Supplies 3.10 8.44 888.46 300.00 300.00 1,500.00 F Travel O Budget Budget Budget Budget Budget Mileage to travel to retail sites, worksites, and meeting locations Al l 525.16 214.66 1,434.23 700.00 700.00 Total Travel 525.16 214.66 1,434.23 700.00 700.00 3,574.05 G Other S O Budget Budget Budget Budget BudgetCommunication (Telephone, Internet,etc.) $190 x 0 23FTE x 12 Months Al l 155.33 500.88 915.79 524.00 524.00 2,620.00 Rent (Yr 1:$282 x 0.23FTE x 12 months) Al l 666.84 767.62 899.54 778.00 778.00 3,890.00 Printing of materials, signage and posters Al l 59.25 2,340.75 700.00 700.00 3,800.00Meetings/Trainings - meeting materials, location fees etc O S2 0.00 900.00 300.00 300.00 1,500.00 Enhancements S1 2,669.52 3,231.11 14,330.57 6,375.14 6,375.14 32,981.48 Total Other 3,491.69 4,558.86 19,386.65 8,677.14 8,677.14 44,791.48 Total Direct Costs 11,029.17 20,489.54 37,081.06 24,941.74 24,941.74 118,483.25 H Total Indirect Costs ICR Rate Budget ICR Rate Budget ICR Rate Budget ICR Rate Budget ICR Rate Budget Calculated at 15% of total direct costs 0.15 1,654.38 0.15 3,073.43 0.15 5,562.16 0.15 3,741.26 0.15 3,741.26 17,772.49 Total Annual Budget 12,683.55 23,562.97 42,643.22 28,683.00 28,683.00 136,255.74 REVISED 11/2021 Year (5)California Health Collaborative Year (1)Year (2)Year (3)Year (4)