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HomeMy WebLinkAboutAgreement A-13-018-4 with Language Line Services Inc..pdf Agreement No. 13-018-4 1 AMENDMENT IV TO AGREEMENT 2 This FOURTH AMENDMENT is made and entered into this 10th day of May 3 2016,by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California, 4 hereinafter referred to as "COUNTY", the FRESNO COUNTY IN-HOME SUPPORTIVE 5 SERVICES PUBLIC AUTHORITY, a corporate public body, hereinafter referred to as "PUBLIC 6 AUTHORITY" and LANGUAGE LINE SERVICES, INC., a For-Profit Corporation, whose address 7 is 1 Lower Ragsdale Drive, Monterey, CA 93940, hereinafter referred to as "CONTRACTOR" 8 (collectively the "parties"). 9 WITNESSETH: 10 WHEREAS, the parties entered into that certain Agreement, identified as COUNTY Agreement 11 NO. 13-018, effective January 1, 2013, whereby CONTRACTOR agreed to provide telephonic 12 interpreting services which benefit certain Fresno County residents; and 13 WHEREAS, the parties entered into Amendment I, to Agreement No. 13-018, dated June 3, 14 2014 to amend the Scope of Work and Compensation; and 15 WHEREAS, the parties entered into Amendment II to Agreement No. 13-018, dated September 16 16, 2014 to add Health Insurance Portability and Accountability Act language as required by law; and 17 WHEREAS, the parties entered into Amendment III to Agreement No. 13-018 dated December 18 8, 2015 to extend the term of the Agreement to June 30, 2016; and 19 WHEREAS the parties desire to amend the Agreement, once again regarding changes as stated 20 below. 21 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties 22 hereto agree as follows: 23 1. That the existing original Agreement No. 13-018, Page Four(4), Section Five (5), Line 24 One (1),beginning with "5. Compensation" and ending on Page Four(4), Line Seventeen (17) with 25 the number"($338,550)"be deleted in its entirety and replaced with the following: 26 645. Compensation 27 A. COUNTY and PUBLIC AUTHORITY agree to pay CONTRACTOR and 28 CONTRACTOR agrees to receive compensation at a flat rate of Ninety Seven Cents ($0.97)per minute 1 - COUNTY OF FRESNO Fresno,CA 1 for language translation services provided under this Agreement. CONTRACTOR shall only be 2 compensated for actual services performed under this Agreement and shall not be entitled to any 3 minimum amount of compensation. 4 B. For the provision of telephonic interpreting services, in no event shall the 5 maximum compensation paid by the COUNTY and the PUBLIC AUTHORITY to CONTRACTOR for 6 actual services performed for the period of January 1, 2013 through December 31, 2013 be in excess of 7 Sixty-One Thousand Eight Hundred Fifty and No/100 Dollars ($61,850.00). For the period of January 8 1, 2014 through December 31, 2014, in no event shall the maximum compensation exceed One 9 Hundred Thirty-Eight Thousand Three Hundred Fifty and NO/100 Dollars ($138,350.00). For the 10 period of January 1, 2015 through June 30, 2016, in no event shall the maximum compensation exceed 11 Two Hundred Forty-Three Thousand Eight Hundred Thirty-Five and NO/100 Dollars ($243,835.00). 12 In no event shall the cumulative total of this Agreement for actual services performed exceed Four 13 Hundred Forty-Four Thousand Thirty-Five and NO/100 Dollars ($444,035.00). It is understood that all 14 expenses incidental to CONTRACTOR's performance of services under this Agreement shall be borne 15 by CONTRACTOR. The maximum compensation as stated herein shall include applicable California 16 sales tax and all monthly maintenance and service fees. Payments by COUNTY and PUBLIC 17 AUTHORITY shall be in arrears for services provided during the preceding month,within forty-Eve 18 (45) days after receipt, verification and approval of CONTRACTOR's invoices by PUBLIC 19 AUTHORITY, SHERIFF and COUNTY's DBH, DPH and DSS as further described in Paragraph Six 20 (6). If CONTRACTOR shall fail to comply with any provision of this Agreement COUNTY and 21 PUBLIC AUTHORITY shall be relieved of its obligation for further payment." 22 2. COUNTY, the PUBLIC AUTHORITY and CONTRACTOR agree that this Fourth 23 Amendment is sufficient to amend County Agreement No. 13-018, and that upon execution of this 24 Fourth Amendment, the original Agreement and Amendment I, II, III and Fourth Amendment shall 25 together be considered the Agreement. 26 This Agreement as hereby amended is ratified and continued. All provisions, terms, covenants, 27 conditions and promises contained in the Agreement, not amended herein shall remain in full force and 28 effect. This Fourth Amendment shall become retroactively effective January 1, 2015. - 2 - COUNTY OF FRESNO Fresno,CA DocuSlgn Envelope ID:1B220ECB-BFB5-4D2B-AAA2-E3DD2182AA24 1 IN WITNESS WHEREOF,the parties hereto have executed this Amendment IV to Agreement 2 as of the day and year first hereinabove written. 3 ATTEST: 4 CONTRACTOR: COUNTY OF FRESNO: 5 LANGUAGE LINE SERVICES,INC. 6 ocu Dsi9netl by: , By �e,esie� By 7 Ernest Buddy Mendes, Chairman 8 Board of Supervisors 9 Print Name: Scott Klein 10 Title: President and CEO 11 Chairman of the Board, or President or any Vice President 12 BERNICE E. SEIDEL, Clerk 13 Board of Supervisors 0o slgn d Dr. 14 Chticl�a �. SCluuic ByfAs990FDE0494D7... 15 Print Name: By J�Michael F. Schmidt (I t +�1�1, ,J�,� R;A C, 16 17 Title: chief Financial officer Secretary(of Corporation), or 18 any Assistant Secretary, or Chief Financial Officer, or IN-HOME SUPPORTIVE SERVICES 19 any Assistant Treasurer PUBLIC AUTHORITY 20 21 By L �9 Chairman,Board o irectors 22 23 PLEASE SEE ADDITIONAL 24 SIGNATURE PAGE ATTACHED 25 Mailing'Address: 26 1 Lower Ragsdale Drive Monterey, CA 93940-3611 27 Phone No.: (800) 752-6096 28 Contact: Contract Administration i 3 - COUNTY OF FRESNO Fresno,CA I I APPROVED AS TO LECzAL FORM' 2 DANIEL C.CEDEI2BORG,COUNTY COUNSEL By (,-f' g 4 . APP VED AS TO ACCOUNTING PQ VIC I CROW,CP,A.,AUDITOR.-CON ILLERI 6 TREASUREk TAX COLLECTOR 7 8 BY 9 REVIEWED AND RECONDAENDED FO"ROVAL: 10 By 12 for Department of al Services 13 14 By z .� 15 Dawan Utedcht,Director 16 I?eparment of Behavioral Health 17 By 4,0// tpautll 16 David Poz I e, 15 Department of Public Health 20 By 21 i--r-,- Margaret Wrns,Sheriff-Coroner 22 23 B J Y ---- Joy C eputy Director 24 IHSS bli Authority Director 25 26 27 28 4 _ COUNW OF ITR N10 1 For the period of January 1, 2015 through June 30, 2016: 2 3 DEPARTMENT: ORG: AMOUNTS: DSS: 5610 $ 177,000.00 4 DBH: 5630 $ 16,150.00 5 DPH: 5620 $ 8,200.00 SHERIFF-CORONER: 3111 $ 41,000.00 6 IHSS: 5611 $ 1,485.00 7 Account: 7295 8 Fund: 0001 Program: 0 9 Subclass: 10000 10 11 12 DEN: lhm 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 - COUNTY OF FRESNO Fresno,CA