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HomeMy WebLinkAboutAgreement A-11-029-3 with Fresno Economic Opportunities Commission Inc..pdf Agreement No.11-029-3 1 AMENDMENT III TO AGREEMENT 2 THIS AMENDMENT III TO AGREEMENT, hereinafter referred to as Amendment III, is made 3 and entered into this At- day of , 2015, by and between the COUNTY OF 4 FRESNO, a Political Subdivision of the State o California, hereinafter referred to as "COUNTY" and 5 FRESNO ECONOMIC OPPORTUNITIES COMMISSION, a private not-for-profit, public benefit 6 corporation, whose address is 1920 Mariposa Mall, Fresno, CA 93721, hereinafter referred to as 7 "CONTRACTOR." 8 WHEREAS, the parties entered into that certain Agreement, identified as Agreement 9 No. 11-029, effective January 25, 2011, COUNTY's Amendment I, effective July 1, 2011, 10 and COUNTY's Amendment II, effective July 1, 2014, hereinafter referred to collectively as 11 Agreement No. A-11-029, to provide Adolescent Family Life Program (AFLP) services; and 12 WHEREAS, the parties now desire to amend Agreement No. A-11-029 regarding changes as 13 stated below and restate the Agreement in its entirety. 14 NOW, THEREFORE, in consideration of their mutual promises, covenants and considerations, 15 hereinafter set forth, the sufficiency of which is acknowledged, the parties agree as follows: 16 1. That existing Agreement No. 11-029, Section Two (2), Page Three (3), beginning on 17 Line Two (2) with the word"This" and ending on Line Nine (9) with the word"(AFLP)"be deleted in 18 its entirety and the following inserted in its place: 19 "This Agreement shall become effective on the 25th day of January, 2011 and shall 20 terminate on the 30th day of June, 2011. 21 This Agreement shall automatically be extended for five (5)twelve (12)month periods 22 upon the same terms and conditions herein set forth, unless written notice of non-renewal is given by 23 CONTRACTOR or COUNTY or COUNTY's DSS Director or designee, not later than sixty(60) days 24 prior to the close of the current Agreement term. Renewal of the current Agreement will be contingent 25 upon COUNTY's DSS grant awarded by the California Department of Health Services, through its 26 MCAH Branch,to administer and implement Adolescent Family Life Program(AFLP)." 27 2. That existing Agreement No. 11-029, Section Four(4), Page Four(4), beginning on Line 28 Eight(8) with the word "For"and ending on Line Twenty-Seven (27)with the word 1 - COUNTY OF FRESNO Fresno,CA 1 "CONTRACTOR", as previously modified by Amendment II, be deleted in its entirety and the 2 following inserted in its place: 3 "For actual services provided as identified in the terms and conditions of this 4 Agreement, Revised Exhibit A and Revised Exhibit A-1, COUNTY agrees to pay CONTRACTOR 5 and CONTRACTOR agrees to receive compensation based in actual services performed and, 6 identified in Revised Exhibit B-1. Mandated travel shall be reimbursed based on actual expenditures 7 and mileage reimbursement shall be at the IRS published rate per mile. Payment shall be made upon 8 certification or other proof satisfactory to COUNTY's DSS that services have actually been performed 9 by CONTRACTOR as specified in this Agreement. In no event shall compensation for services 10 performed under this Agreement be in excess of One Hundred Fifty-Five Thousand Nine Hundred 11 Twenty-Five and No/100 Dollars ($155,925.00) for the term January 25, 2011 through June 30, 2011. 12 In no event shall compensation for services performed under this Agreement be in excess of Three 13 Hundred Ninety-One Thousand Three Hundred Seventy-One and No/100 ($391,371.00) for each 14 subsequent twelve month period. The cumulative total of this Agreement shall not be in excess of 15 Two Million One Hundred Twelve Thousand Seven Hundred Eighty and No/100 Dollars 16 ($2,112,780.00). It is understood that all expenses incidental to CONTRACTOR's performance of 17 services under this Agreement shall be borne by CONTRACTOR." 18 3. That all references to Revised Exhibit B in Agreement No. 11-029 be replaced with 19 Revised Exhibit B-1. 20 4. COUNTY and CONTRACTOR agree that this Amendment III is sufficient to amend 21 COUNTY Agreement No. 11-029 and, that upon execution of this Amendment 111, the original 22 Agreement, Amendment I, Amendment lI, and Amendment III together shall be considered the 23 Agreement. 24 The Agreement, as hereby amended, is ratified and continued. All provisions, terms, 25 covenants, conditions and promises contained in the Agreement and not amended herein shall remain 26 in full force and effect. This Amendment III shall become effective July 1, 2015. 27 /// 28 HI - 2 - COUNTY O PRES'_ O Fresno,CA 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment III to Agreement 2 as of the day and year first hereinabove written. 3 ATTEST: 4 CONTRACTOR: COUNTY OF FRESNO 5 FRESNO ECONOMIC OPPORTUNITIES COMMISSION, INC. 6 7 Y B �" v By16A)-a ' Y g Chairman, Board of Supe ors Print Name: Reverend Paul McCo 9 10 Title: Chairman of the Board Chairman of the Board, or 11 President, or any Vice President r BERNICE E. SEIDEL, Clerk 12 Date: '( —,;?-O —'/ 5 Board of Supervisors 13 By By 14 J 15 Print Name: Brian Angus 16 Title: Chief Executive Officer Secretary (of Corporation), or 17 any Assistant Secretary, or Chief Financial Officer, or 18 any Assistant Treasurer 19 PLEASE SEE ADDITIONAL 20 SIGNATURE PAGE ATTACHED 21 Mailing Address: 22 1920 Mariposa Mall, Suite 300 Fresno, CA 93721 23 (559) 263-1000 24 Contact: Executive Director 25 26 27 28 3 - COUNTY OF l'KiSi�O Fresno,CA 1 APPROVED AS TO LEGAL FORM: 2 DANIEL C. CEDERBORG, COUNTY COUNSEL 3 ? a 4 BY J4 C 5 APPOVED AS TO ACCO 6TG/FORM: 6 VIC I CROW, C.P.A., AUDITOR-CONTROLLER/ TREASURER-TAX COLLECTOR 7 8 9 BY 10 REVIEWED AND RECOMMENDED FOR 11 APPROVAL: 12 13 By 14 4eA Neira, Director Department of Social Services 15 16 17 18 Fund/Subclass:0001/10000 Organization:56107033 19 Account/Pro2ram: 7870 20 21 22 23 hh 24 25 26 27 28 — 4 — COUN Y O FRESNO Fresno,CA Revised Exhibit B-1 BUDGET SUMMARY ORGANIZATION: Fresno Economic Opportunities Commission SERVICES: AFLP Services CONTRACT PERIOD: January 25, 2011 -June 30, 2016 CONTRACT AMOUNT: January 25, 2011 -June 30, 2011: $155,925 July 1, 2011 -June 30, 2012: $391,371 July 1, 2012 -June 30, 2013: $391,371 July 1, 2013 -June 30, 2014: $391,371 July 1, 2014-June 30, 2015: $391,371 July 1, 2015-June 30, 2016: $391,371 ACCOUNT AMOUNT BUDGET CATEGORY NUMBER SALARIES& BENEFITS Salaries 0100 232,026 Benefits 0150 64,109 Payroll Taxes 0175 20,354 Subtotal: 316,489 SERVICES&SUPPLIES Facilities 0200 16,332 Employee Training 0250 1,800 Office Supplies 0300 9,750 Communications 0350 2,184 Postage 0400 252 Printing 0450 800 Transportation 0500 8,750 Client Transportation 0550 - Administrative Overhead 0600 27,272 Legal and Audit 0650 469 Insurance 0700 1,354 Worker's Comp 0750 2,419 Program Expenses 0800 2,500 Education Supports 0900 1,000 Subtotal: 74,882 TOTAL: 391,371