HomeMy WebLinkAboutAgreement A-22-534 Amendment No. 1 w Fresno Area Hispanic Foundation.pdf Agreement No. 22-534
1 AMENDMENT NO. 1 TO AGREEMENT
2 This Amendment No. 1 to Agreement ("Amendment No. 1) is dated November 29, 2022
3 and is between Fresno Area Hispanic Foundation, a California non-profit corporation, whose
4 address is 1444 Fulton Street, Fresno, CA 93721 ("Contractor"), and the County of Fresno, a
5 political subdivision of the State of California ("County").
6 Recitals
7 A. On February 1, 2022, the County and the Contractor entered into County agreement
8 number 22-040 ("Agreement"), which allowed the County to utilize the Contractor to administer
9 the California Microbusiness COVID-19 Relief Grant Program ("MCRBG"), which provides
10 funding for the microbusinesses that have been significantly impacted by the COVID-19
11 pandemic, and have the Contractor also serve as the fiscal agent.
12 B. The County and the Contractor now desire to amend the Agreement to extend the term
13 of the Agreement through June 30, 2023.
14 The parties therefore agree as follows:
15 1. Section 3 [Term] of the Agreement located at Page one, Line 28, and ending on Page
16 two, Line 2, is deleted in its entirety and replaced with the following:
17 "1 TERM The term of this Agreement shall commence upon execution, through
18 and including June 30, 2023."
19 2. When both parties have signed this Amendment No. 1, the Agreement, and this
20 Amendment No. 1 together constitute the Agreement.
21 3. The Contractor represents and warrants to the County that:
22 a. The Contractor is duly authorized and empowered to sign and perform its obligations
23 under this Amendment.
24 b. The individual signing this Amendment on behalf of the Contractor is duly authorized
25 to do so and his or her signature on this Amendment legally binds the Contractor to
26 the terms of this Amendment.
27 4. The parties agree that this Amendment may be executed by electronic signature as
28 provided in this section.
1
1 a. An "electronic signature" means any symbol or process intended by an individual
2 signing this Amendment to represent their signature, including but not limited to (1) a
3 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
4 electronically scanned and transmitted (for example by PDF document) version of an
5 original handwritten signature.
6 b. Each electronic signature affixed or attached to this Amendment No. 1 is deemed
7 equivalent to a valid original handwritten signature of the person signing this
8 Amendment No. 1 for all purposes, including but not limited to evidentiary proof in
9 any administrative or judicial proceeding, and (2) has the same force and effect as
10 the valid original handwritten signature of that person.
11 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
12 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
13 2, Title 2.5, beginning with section 1633.1).
14 d. Each party using a digital signature represents that it has undertaken and satisfied
15 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
16 through (5), and agrees that each other party may rely upon that representation.
17 e. This Amendment No.1 is not conditioned upon the parties conducting the
18 transactions under it by electronic means and either party may sign this Amendment
19 No. 1 with an original handwritten signature.
20 5. This Amendment No. 1 may be signed in counterparts, each of which is an original, and
21 all of which together constitute this Amendment.
22 6. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
23 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
24 effect.
25 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause.
3
Fresno Area Hispanic Foundation COUNTY OF FRESNO
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6 Brian Pacheco, Chairman of the Board of
Supervisors of the County of Fresno
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Attest:
8 Bernice E. Seidel
Clerk of the Board of Supervisors
9 Dora Westerlund, CEO & President County of Fresno, State of California
10 1444 Fulton Street
Fresno, CA 93721 By: _
11 Deputy
12 FOR ACCOUNTING USE ONLY:
13 Fund: 0001
Subclass: 10000
14 Org.: 2540
Account: 7295
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