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Home My WebLink AboutAgreement A-22-483 Amendment I with CSU Fresno Foundation.pdf Agreement No. 22-483 1 AMENDMENT I TO AGREEMENT 2 THIS FIRST AMENDMENT TO AGREEMENT (hereinafter "Amendment") is made and entered 3 into this 25th day of October , 2022, by and between COUNTY OF FRESNO, a Political 4 Subdivision of the State of California, Fresno, California (hereinafter"COUNTY"), and California State 5 University, Fresno Foundation, a California Non-Profit Corporation, whose address is 4910 North 6 Chestnut Avenue, Fresno, California 93726, hereinafter referred to as "CONTRACTOR". 7 WITNESSETH: 8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number A-21-536, dated 9 the 14'h of December 2021 (hereinafter"Agreement'); and 10 WHEREAS, COUNTY and CONTRACTOR now desire to retroactively amend the Agreement 11 in order to adjust annual budget amounts to reflect year one actuals, carryover unspent funds from 12 year one to year two, and reallocate carryover funds in the Personnel and Fringe Benefits budget 13 categories to account for staff changes; and 14 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement regarding 15 changes as stated below and restate the Agreement in its entirety. 16 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which 17 is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: 18 1. That all references in Agreement to "Exhibit B" shall be changed to read "Revised 19 Exhibit B-2". Revised Exhibit B-2 is attached hereto and incorporated herein by this reference. 20 2. That Paragraph Four (4) — COMPENSATION, of the Agreement, on Page Two (2), Line 21 Twenty (20) and ending on Page Three (3), Line Fifteen (15) with the word "Notification" shall be 22 deleted in its entirety and replaced with the following: 23 'A. COMPENSATION: 24 A. COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to 25 receive compensation as described in Revised Exhibit B-2, attached hereto and incorporated 26 herein by this reference. 27 For the period beginning December 14, 2021 through June 30, 2022, in no 28 event shall actual services performed be in excess of Twenty-Six Thousand Two Hundred and - 1 - 1 Twenty-Five and 54/100 Dollars ($26,225.54). 2 For the period beginning July 1, 2022 through June 30, 2023, in no event shall 3 actual services performed be in excess of Sixty-One Thousand Two Hundred and Seventy-Four and 4 46/100 Dollars ($61,274.46). 5 In no event shall services performed under this Agreement be in excess of 6 Eighty-Seven Thousand Five Hundred and No/100 Dollars ($87,500.00). It is understood that all 7 expenses incidental to CONTRACTOR'S performance of services under this Agreement shall be 8 borne by CONTRACTOR. 9 B. Except as provided below regarding State and Federal payment delays, 10 payments shall be made by COUNTY to CONTRACTOR in arrears, for services provided during the 11 preceding month, within forty-five (45) days after the date of receipt, verification, and approval of 12 CONTRACTOR's monthly itemized invoices, by COUNTY's Department of Public Health. 13 C. COUNTY shall not be obligated to make any payments under this 14 Agreement if the request for payment is received by the COUNTY more than forty-five (45) days after 15 this Agreement has terminated or expired. 16 D. The contract maximum amount as identified in this Agreement and in 17 Revised Exhibit B-2 may be reduced based upon State and Federal grant funding availability. In the 18 event of such action, the COUNTY's Department of Public Health Director or designee shall notify the 19 CONTRACTOR in writing of the reduction in the contract maximum amount within thirty (30) days of 20 COUNTY'S notification of reduced funding by the grant agency." 21 COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend the 22 Agreement, and that upon execution of this First Amendment, the Agreement and this First 23 Amendment together shall be considered the Agreement. 24 The parties agree that this First Amendment may be executed by electronic signature as 25 provided in this section. An "electronic signature" means any symbol or process intended by an 26 individual signing this Amendment to represent their signature, including but not limited to (1) a digital 27 signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and 28 transmitted (for example by PDF document) of a handwritten signature. Each electronic signature - 2 - 1 affixed or attached to this Amendment (1) is deemed equivalent to a valid original handwritten 2 signature of the person signing this Amendment for all purposes, including but not limited to 3 evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as 4 the valid original handwritten signature of that person. The provisions of this section satisfy the 5 requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act 6 (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital 7 signature represents that it has undertaken and satisfied the requirements of Government Code 8 section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely 9 upon that representation. This Amendment is not conditioned upon the parties conducting the 10 transactions under it by electronic means and either party may sign this Amendment with an original 11 handwritten signature. 12 The Agreement, as hereby amended, is ratified and continued. All provisions, terms, 13 covenants, conditions, and promises contained in the Agreement and not amended herein shall 14 remain in full force and effect. This Amendment shall become effective retroactively to December 14, 15 2022. 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// - 3 - 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment I as of the day and 2 year first hereinabove written. 3 4 CALIFORNIA STATE UNIVERSITY, FRESNO COUNTY OF FRESNO FOUNDATION 5 7 Joy J. Goto, Interim Dean of Research and Brian Pacheco, 8 Graduate Studies Chairman of the Board of Supervisors of the County of Fresno 9 10 09/15/2022 Date 11 12 13 Keith Kompsi, Director of Foundation Financial Services 14 15 09/16/2022 16 Date 17 18 Mailing Address: ATTEST: 19 4910 N. Chestnut Avenue Bernice E. Seidel Fresno, CA 93726 Clerk of the Board of Supervisors 20 County of Fresno, State of California 21 By: 22 Deputy 23 FOR ACCOUNTING USE ONLY: 24 Fund/Subclass: 0001/10000 Organization: 56201557 25 Account: 7295 26 27 28 -4- Revised Exhibit B-2 Amended Budget Date Proposed:8/30/22 Term:12/14/21-6/30/23 Please Fill New Budget Here Please Fill New Budget Here Please Note Justifications Here Personnel Approved Y3 Budget Amended YS Budget Approved Y2 Budget Amended Y2 Budget Approved Total Budget New Total Budget Changes/Justifications Project Director,Emanuel Alcala $ 2,522.56 $ 2,523.00 $ 2,522.55 $ 2,522.56 $ 5,045.11 $ 5,045 56 Research Associate,Jazmine Kenny $ 9,275.00 $ 6,599.82 $ 7,950.00 $ 8,050.00 $ 17,225.00 $ 14,649.82 Decreased time se Rearch Assistant,Dustin Hedrick $ 8,424.00 $ 7,704.00 $ 16,848.00 $ 23,400.00 $ 25,272.00 $ 31,104.00 Increased Research Assistant time to meet programs needs Admin,Magdalena Flores $ 1,872.00 $ 1,168.00 $ 3,744.00 $ 3,744.00 $ 5,616.00 $ 4,912.00 Decreased time $ $ $ $ $ Personnel Sub-Total $ 22,093.56 $ 17,994.82 $ 31,064.55 $ 37,716.56 $ 53,158.11 $ 55,711.38 Fringe Benefits Project Director,Emanuel Alcala $ 1,135.15 $ 1,086.56 $ 1,135.15 $ 1,135.15 $ 2,270.30 $ 2,221.71 Updated to actual Research Associate,Jazmine Kenny $ 3,246.25 $ 1,929.22 $ 2,782.50 $ 2,496.00 $ 6,028.75 $ 4,425.22 Updated to actual Research Assistant,Dustin Hedrick $ 1,347.84 $ 108.09 $ 2,695.68 $ 3,393.00 $ 4,043.52 $ 3,501.09 Updated to actual 65 Admin,Magdalena Flores $ 748.80 $ 422.40 $ 1,497.60 $ 1,4 .35 $ 2,246.40 $ 1,887.75 Updated to actual $ $ $ $ $ $ Fringe Benefits Sub-Total $ 6,478.04 $ 3,546.27 $ 8,110.93 $ SA89.50 $ 14,588.97 $ 12,035.77 Total Personnel $ 28,571.60 $ 21,541.09 $ 39,175.48 $ 46,206.06 $ 67,747.08 $ 67,747.15 Operational Costs Materials and Supplies $ 1,381.00 $ $ 761.33 $ 2,142.33 $ 2,142.33 $ 2,142.33 Communications $ 1,352.00 $ 497.25 $ 1,800.00 $ 2,652.75 $ 3,150.00 $ 3,150.00 $ $ $ S S $ Total Operational $ 2,731.001$ 497.25 $ 2,561.33 $ 4,795.08 $ 5,292.33 $ 5,292.33 Travel Costs Local Mileage $ 210.00 $ $ 280.00 $ 490.00 $ 490.00 $ 490.00 Total Travel $ 210.00 $ $ 280.00 $ 490.00 $ 490.00 $ 490.00 Other Costs $ $ S S S $ Other Costs Subtotal $ $ $ $ $ $ Total Direct Costs $ 31,512.60 $ 22,038.34 $ 42,016.81 $ 51,491.14 $ 73,529.41 $ 73,529.48 Indirect Costs @ 19% $ 5,987.39 $ 4,187.20 $ 7,983.19 $ 9,783.32 $ 13,970.59 $ 13,970.52 Grand Total $ 37,499.99 $ 26,225.54 $ 50,000.00 $ 61,274.46 $ 87,500.00 $ 97,500.00 1