HomeMy WebLinkAboutAgreement A-23-211 Third Amendment to Agreement with FCSS.pdf Agreement No. 23-211
1 AMENDMENT NO. 3 TO SERVICE AGREEMENT
2 This Amendment No. 3 to Service Agreement ("Amendment No. 3") is dated
3 May 9, 2023 and is between Fresno County Superintendent of Schools ("FCSS"),
4 and the County of Fresno, a political subdivision of the State of California ("County"), for the
5 purpose of continuing the Truancy Intervention Program (TIP). TIP is a collaborative effort
6 involving the following school districts and educational entities: Caruthers, Coalinga-Huron,
7 Firebaugh-Las Deltas, Golden Plains, Kerman, Laton, Mendota, Orange Center Elementary
8 School District, Raisin City Elementary School District, Sanger Unified School District, Sierra
9 and Washington Unified School Districts, Washington Colony Elementary School District, and
10 Fresno County Office of Education's Violet Heintz Education Academy, each of which may be
11 referred to individually as a "District" and collectively as "Districts."
12 Recitals
13 A. On January 12, 2021, the County and FCSS entered into the retroactive TIP Agreement,
14 which is County agreement number 21-008 ("Agreement"), pursuant to which FCSS agreed to
15 provide partial funding for the County's provision of Deputy Probation Officer (DPO) services to
16 support TIP.
17 B. On May 25, 2021, the County and FCSS entered into the retroactive Amendment No. 1
18 to Service Agreement ("Amendment No. 1") to add Sanger Unified School District into TIP, and
19 increase the funding of TIP, in order to support the provision of services to Sanger Unified
20 School District.
21 C. On May 3, 2022, the County and FCSS entered into the retroactive Amendment No. 2 to
22 Service Agreement ("Amendment No. 2") to add Orange Center Elementary School District and
23 Raisin City Elementary School District into TIP, and increase the funding of TIP, in order to
24 support the provision of services to Orange Center Elementary School District and Raisin City
25 Elementary School District.
26 D. County and FCSS now desire to further amend the Agreement to add Pacific Union
27 Elementary School District into TIP, reduce the TIP service level being provided to Orange
28 Center Elementary School District, and revise compensation accordingly to account for changes
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1 in service levels, to support the provision of services to Orange Center Elementary School
2 District and Pacific Union Elementary School District.
3 The parties therefore agree as follows:
4 1. Paragraph 1, sentence 2 of the Agreement as previously amended, located at page 1,
5 lines 6-11, is deleted in its entirety, and replaced with the following:
6 "Caruthers, Coalinga-Huron, Firebaugh-Las Deltas, Golden Plains, Kerman,
7 Laton, Mendota, Orange Center Elementary School District, Pacific Union
8 Elementary School District, Raisin City Elementary School District, Sanger
9 Unified School District, Sierra and Washington Unified School Districts,
10 Washington Colony Elementary School District, and Fresno County Office of
11 Education's Violet Heintz Education Academy, each of which may be referred to
12 individually as a "District" and collectively as "Districts."
13 2. Section 1. Subsection A. of the Agreement as previously amended, located at Page 2,
14 lines 1-4, is deleted in its entirety and replaced with the following:
15 "FCSS shall compensate and remit to the County from the TIP fund, held by
16 FCSS, an amount that will partially fund the costs of the services of two (2)
17 Deputy Probation Officers, five (5) days per week. The maximum annual amount
18 payable under this Agreement shall not exceed one hundred and three thousand,
19 four hundred and seventy-one dollars and nineteen cents ($103,471.19), for the
20 first year of the Agreement, one hundred and forty-three thousand, three hundred
21 and ten dollars and fifty cents ($143,310.50), for the second year of the
22 Agreement, and one hundred and forty-six thousand, nine hundred and thirty-
23 three dollars ($146,933)for the third year of the Agreement, and one hundred
24 and forty-eight thousand, six hundred and fifty-eight dollars ($148,658) for each
25 subsequent year of the Agreement."
26 3. Section 5 of the Agreement as previously amended, located at Page 4, lines 7-16, is
27 deleted in its entirety and replaced with the following:
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1 "As compensation to the County for the performance of its services under this
2 Agreement, FCSS agrees to pay the County, and the County agrees to receive
3 compensation as follows: For the first year of the Agreement, FCSS shall pay to
4 the County an annual maximum compensation amount not to exceed one
5 hundred and three thousand, four hundred and seventy-one dollars and nineteen
6 cents ($103,471.19), in three (3) payments of twenty-four thousand, nine
7 hundred and ten dollars and fourteen cents ($24,910.14), and one (1) payment of
8 twenty-eight thousand, seven hundred and forty dollars and seventy-seven cents
9 ($28,740.77), paid on or about the dates of October 1, January 1, March 1 and
10 June 1. For the second year of the Agreement, FCSS shall pay to the County an
11 annual maximum compensation amount not to exceed one hundred and forty-
12 three thousand, three hundred and ten dollars and fifty cents ($143,310.50), in
13 two (2) payments of thirty-four thousand, nine hundred and twenty-two dollars
14 ($34,922), paid on or about the dates of October 1 and January 1, and two
15 payments of thirty-six thousand, seven hundred and thirty-three dollars and
16 twenty-five cents ($36,733.25) paid on or about the dates of March 1 and June 1.
17 For the third year of the Agreement, FCSS shall pay to the County an annual
18 maximum compensation amount not to exceed one hundred and forty-six
19 thousand, nine hundred and thirty-three dollars ($146,933), in four (4) payments
20 of thirty-six thousand, seven hundred and thirty-three dollars and twenty-five
21 cents ($36,733.25), paid on or about the dates of October 1, January 1, March 1
22 and June 1. For each subsequent year that the Agreement is extended, upon
23 mutual written agreement of FCSS and the Chief Probation Officer or his or her
24 designee, FCSS shall pay to the County an annual maximum compensation
25 amount not to exceed and one hundred and forty-eight thousand, six hundred
26 and fifty-eight dollars ($148,658), in four (4) payments of thirty-seven thousand,
27 one hundred and sixty-four dollars and fifty cents ($37,164.50), paid on or about
28 the dates of October 1, January 1, March 1 and June 1. County shall invoice
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1 FCSS as follows: Fresno County Superintendent of Schools, 1111 Van Ness
2 Avenue, Fresno, CA 93721. Payments shall be made by FCSS within forty-five
3 (45) days of invoice for services provided by County.
4 In no event shall compensation paid for services performed under this
5 Agreement exceed six hundred and ninety-one thousand, thirty dollars and sixty-
6 nine cents ($691,030.69) during the total potential five (5) year term of this
7 Agreement.
8 If there are any periods during the term of this Agreement in which services are
9 not provided, FCSS will not receive an invoice for these specified periods of time,
10 upon mutual written agreement of FCSS and the Chief Probation Officer or his or
11 her designee."
12 4. Exhibit A is deleted, and replaced with the attached new Exhibit A, incorporated by this
13 reference, and made a part of this Agreement.
14 5. This Amendment No. 3 shall be effective retroactive to January 1, 2023.
15 6. When both parties have signed this Amendment No. 3, the Agreement, Amendment
16 No.1, Amendment No. 2, and this Amendment No. 3 together constitute the Agreement.
17 7. FCSS represents and warrants to the County that:
18 a. FCSS is duly authorized and empowered to sign and perform its obligations under
19 this Amendment No. 3.
20 b. The individual signing this Amendment No. 3 on behalf of FCSS is duly authorized to
21 do so, and his or her signature on this Amendment No. 3 legally binds FCSS to the
22 terms of this Amendment No. 3.
23 8. The parties agree that this Amendment No. 3 may be executed by electronic signature
24 as provided in this section.
25 a. An "electronic signature" means any symbol or process intended by an individual
26 signing this Amendment No. 3 to represent their signature, including but not limited
27 to (1) a digital signature; (2) a faxed version of an original handwritten signature; or
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1 (3) an electronically scanned and transmitted (for example by PDF document)
2 version of an original handwritten signature.
3 b. Each electronic signature affixed or attached to this Amendment No. 3 is deemed
4 equivalent to a valid original handwritten signature of the person signing this
5 Amendment No. 3 for all purposes, including but not limited to evidentiary proof in
6 any administrative or judicial proceeding, and (2) has the same force and effect as
7 the valid original handwritten signature of that person.
8 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
9 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
10 2, Title 2.5, beginning with section 1633.1).
11 d. Each party using a digital signature represents that it has undertaken and satisfied
12 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
13 through (5), and agrees that each other party may rely upon that representation.
14 e. This Amendment No. 3 is not conditioned upon the parties conducting the
15 transactions under it by electronic means and either party may sign this Amendment
16 No. 3 with an original handwritten signature.
17 9. This Amendment No. 3 may be signed in counterparts, each of which is an original, and
18 all of which together constitute this Amendment No. 3.
19 10. The Agreement as previously amended and as amended by this Amendment No. 3 is
20 ratified and continued. All provisions of the Agreement as previously amended and not
21 amended by this Amendment No. 3 remain in full force and effect.
22 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 3 on the date stated in the introductory
2 clause.
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FRESNO COUNTY SUPERINTENDENT OF COUNTY OF FRESNO
4 SCHOOLS
5 A
6 Saf Oi int o, airman of the Board of
Dr. Mich e C n ell-Copher, Supervisors of,the County of Fresno
7 Superint dent
Attest:
8 1111 Van Ness Avenue Bernice E. Seidel
Fresno, CA 93721 Clerk of the Board of Supervisors
9 County of Fresno, State of California
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By:
11 Deputy
12 For accounting use only:
13 Org No.: 34309999
Account No.: 4895
14 Fund No.: 0001
Subclass No.: 10000
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EXHIBIT A
2020—2021 TIP
Truancy Intervention Program
FINANCIAL OBLIGATIONS OF THE PARTICIPATING
SCHOOL DISTRICTS AND COUNTY SUPERINTENDENT
Fresno County school districts participating in the Truancy Intervention Program("TIP")have agreed to
contribute the following amounts to fund TIP for the 2020—2021 fiscal year:
A. The Fresno County Superintendent of Schools shall contribute
$20,000.00;
B. Caruthers Unified School District shall contribute $4,827.06;
C. Coalinga-Huron Unified School District shall contribute $15,439.27;
D. Firebaugh-Las Deltas Unified School District shall contribute$8,131.50;
E. Golden Plains Unified School District shall contribute$6,756.37;
F. Kerman Unified School District shall contribute $17,172.51;
G. Laton Unified School District shall contribute$2,504.75;
H. Mendota Unified School District shall contribute$10,367.67;
L Sanger Unified School District shall contribute$3,830.62
i. Should agreement be extended in subsequent years, Sanger
Unified School District shall contribute $40,047.43 per fiscal
year;
J. Sierra Unified School District shall contribute$3,500.00;
K. Washington Colony Elementary shall contribute $1,549.13; and
L. Washington Unified School District shall contribute$9,392.31.
TIP 2020-2 1/Summary of District Contributions Page 1 of 3
EXHIBIT A
2021—2022 TIP
Truancy Intervention Program
FINANCIAL OBLIGATIONS OF THE PARTICIPATING
SCHOOL DISTRICTS AND COUNTY SUPERINTENDENT
Fresno County school districts participating in the Truancy Intervention Program("TIP")have agreed to
contribute the following amounts to fund TIP for the 2021 —2022 fiscal year:
A. The Fresno County Superintendent of Schools shall contribute
$20,000.00;
B. Caruthers Unified School District shall contribute $4,827.06;
C. Coalinga-Huron Unified School District shall contribute$15,439.27;
D. Firebaugh-Las Deltas Unified School District shall contribute$8,131.50;
E. Golden Plains Unified School District shall contribute$6,756.37;
F. Kerman Unified School District shall contribute $17,172.51;
G. Laton Unified School District shall contribute$2,504.75;
H. Mendota Unified School District shall contribute$10,367.67;
L Orange Center Elementary School District shall contribute$1,897.50
J. Raisin City Elementary School District shall contribute $1,725.00
i. Should agreement be extended in subsequent years, Raisin City
Elementary School District shall contribute $3,450 per fiscal year;
K. Sanger Unified School District shall contribute $40,047.43;
L. Sierra Unified School District shall contribute$3,500.00;
M. Washington Colony Elementary shall contribute $1,549.13; and
N. Washington Unified School District shall contribute$9,392.31.
TIP 2021-22/Summary of District Contributions Page 2 of 3
EXHIBIT A
2022—2023 TIP
Truancy Intervention Program
FINANCIAL OBLIGATIONS OF THE PARTICIPATING
SCHOOL DISTRICTS AND COUNTY SUPERINTENDENT
Fresno County school districts participating in the Truancy Intervention Program("TIP")have agreed to
contribute the following amounts to fund TIP for the 2022—2023 fiscal year:
A. The Fresno County Superintendent of Schools shall contribute
$20,000.00;
B. Caruthers Unified School District shall contribute $4,827.06;
C. Coalinga-Huron Unified School District shall contribute$15,439.27;
D. Firebaugh-Las Deltas Unified School District shall contribute$8,131.50;
E. Golden Plains Unified School District shall contribute $6,756.37;
F. Kerman Unified School District shall contribute $17,172.51;
G. Laton Unified School District shall contribute$2,504.75;
H. Mendota Unified School District shall contribute $10,367.67;
L Orange Center Elementary School District shall contribute $2,760.00
i. Should the agreement be extended in subsequent years, Orange
Center Elementary School District shall contribute $2,070 per
fiscal year;
J. Pacific Union Elementary School District shall contribute$1,035.00
i. Should agreement be extended in subsequent years, Pacific Union
Elementary School District shall contribute $3,450 per fiscal year;
K. Raisin City Elementary School District shall contribute $3,450.00;
L. Sanger Unified School District shall contribute $40,047.43;
M. Sierra Unified School District shall contribute$3,500.00;
N. Washington Colony Elementary shall contribute $1,549.13; and
O. Washington Unified School District shall contribute$9,392.31.
TIP 2022-23/Summary of District Contributions Page 3 of 3