HomeMy WebLinkAboutAgreement A-21-542 with FCSS.pdf- 1 -
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THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT (hereinafter “Third 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 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 number A-19-121, dated
March 12, 2019, pursuant to which CONTRACTOR agreed to provide physical activity (PA) and
nutritional trainings, technical assistance, resources and referral organizations to Early Care and
Education (ECE) partners to increase the number of ECE sites to adopt and practice nutritional and PA
standards to COUNTY, through its Department of Public Health (Department); and
WHEREAS, COUNTY and CONTRACTOR entered into a First Amendment to Agreement
(Agreement number 19-121-1), dated March 24, 2020, (hereinafter “First Amendment”), to modify the
Compensation/Invoice terms and extend year one Scope of Work timeline into year two; and
WHEREAS, COUNTY and CONTRACTOR entered into a Second Amendment to Agreement
(Agreement number 19-121-2), dated February 9, 2021, (hereinafter “Second Amendment”), to
reallocate the second year’s cost savings due to COVID-19 disruptions to the third year’s budget and
extend year two Scope of Work timeline into year three; and
WHEREAS, COUNTY and CONTRACTOR agreed in a written letter dated August 18, 2021 to
extend the term of Agreement number A-19-121 for an additional twelve (12) month period,
terminating September 30, 2022, unless extended by the parties pursuant to section three (3) of
Agreement number A-19-121; and
WHEREAS, Agreement No. A-19-121, together with the Frist Amendment, Second
Amendment, 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-19-121” or “the Agreement”;
and
WHEREAS, COUNTY and CONTRACTOR desire to amend the Agreement to revise Year 3
Agreement No. 21-542
14th Dec.
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and Year 4 budgets.
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-19-121 to “Revised Exhibit C-
1” be changed to read “Revised Exhibit C3,” attached hereto and incorporated herein by reference.
COUNTY and CONTRACTOR agree that this Third Amendment is sufficient to amend the
Agreement and, that upon execution of this Third Amendment, the Agreement and this Third
Amendment together shall be considered the Agreement.
The parties agree that this Third 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 Third Amendment is not conditioned upon the parties conducting the
transactions under it by electronic means and either party may sign this Third Amendment with an
original handwritten signature.
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 Third Amendment shall be effective retroactive to September 29,
2021.
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IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to
Agreement as of the day and year first hereinabove written.
Jim Yovino, Superintendent
Print Name & Title
COUN 7 tk,z
Steve Brandau, Chairman of the Board
of Supervisors of the County of Fresno
10 (Authorized Signature)
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Print Name & Title
1111 Van Ness Avenue, Fresno, CA 93721
Mailing Address
FOR ACCOUNTING USE ONLY :
Fund : 0001
Subclass: 10000
ORG: 56201555
Account: 7295
SMA
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ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
REVISED EXHIBIT C3
FCSS
Fresno County Superintendent
of Schools Total
A Salaries and Wages
Position Title
Refere
nce
Annual
Salary FTE Budget FTE Budget FTE Budget FTE Budget FTE Budget
Coordinator, Cyndi Dean OAS3,
1-3 $83,820.06 0.11 $2,948.23 0.12 $10,860.28 0.10 $13,379.87 0.12 $15,160.47 0.12 $10,058.41 $52,407.25
Total Salaries and Wages $2,948.23 $10,860.28 $13,379.87 $15,160.47 $10,058.41 $52,407.25
B Fringe Benefits
it
Rate Budget
t
Rate Budget
t
Rate Budget
Benefit
Rate Budget
Benefit
Rate Budget
20%$589.66 20%$2,172.06 20%$2,681.17 20%$3,032.09 20%$2,011.68 $10,486.66
Total Personnel $3,537.89 $13,032.33 $16,061.04 $18,192.56 $12,070.09 $62,893.92
D Equipment
Refere
nce Budget Budget Budget Budget Budget
Nutrition education, physical activity
curriculum, training resources and tools, $689.82 $17,990.77 $20,759.50 $7,648.88 $11,617.55 $58,706.52
Total Equipment $689.82 $17,990.77 $20,759.50 $7,648.88 $11,617.55 $58,706.52
E Supplies
Refere
nce Budget Budget Budget Budget BudgetOffice Supplies - paper, pens, copy paper,
envelopes, folders, etc.OAS3,
1-3 895.69 400.00 0.00 670.27 1,965.96
Total Supplies 895.69 0.00 400.00 0.00 670.27 $1,965.96
F Travel
Refere
nce Budget Budget Budget Budget BudgetTravel covers local mileage and
conference mileage and parking fees. 1
Coordinator - Childhood Obesity
OAS3,
1-3 $288.26 $739.00 $0.00 $345.59 $1,372.85
Total Travel 288.26 0.00 739.00 0.00 345.59 $1,372.85
G Other
Refere
nce Budget Budget Budget Budget Budget
Coordinator - Childhood Obesity
Conference, Anaheim, CA - Registration
@ $375, 3-night stay @ $189 per night x
OAS3,
1-3 $963.44 $199.00 $1,137.94 $2,300.38
OAS3,
1-3 $0.00 $0.00
Total Other $963.44 $0.00 $199.00 $0 $1,138 $2,300.38
Total Direct Costs $6,375.10 $31,023.10 $38,158.54 $25,841.44 $25,841.44 $127,239.63
H Total Indirect Costs
ICR
Rate Budget
ICR
Rate Budget
ICR
Rate Budget
ICR
Rate Budget
ICR
Rate BudgetCalculated at CDE approved rate
of 10.52%11%$701.26 11%$3,412.54 11%$4,197.44 11%$2,842.56 11%$2,842.56 $13,996.36
Total Annual Budget $7,076.36 $34,435.64 $42,355.98 $28,684.00 $28,684.00 $141,236
Contract #A-19-121 improve physical activity and increase nutrition content by adopting
nutrition and physical activity standards into Early Care and Education programs
Year (4) 9/30/2021-
9/29/2022
Year (5) 9/30/2022-
9/29/2023
OAS3,
1-3
Year (1) 3/12/2019-
9/29/2019
Year (2) 9/30/2019-
9/29/2020
Year (3) 9/30/2020-
9/29/2021