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HomeMy WebLinkAboutAgreement A-23-297 Amendment I to Agreement with CSBH.pdf Agreement No. 23-297 1 AMENDMENT NO. 1 TO AGREEMENT 2 This Amendment No. 1 to Agreement No. 17-581, ("Amendment No. 1") is dated June 20, 2023, 3 and is between the COUNTY OF FRESNO, a political subdivision of the State of California ("County"), 4 and Central Star Behavioral Health, Inc., (formerly contracted for these services with their non-profit 5 affiliate, Star View Children and Family Services, Inc.), a California For-Profit Organization, whose 6 address is 1501 Hughes Way, Suite 150, Long Beach, CA 90810 ("Contractor"). Reference in this 7 Agreement to party" or parties" shall be understood to refer to COUNTY and CONTRACTOR, unless 8 otherwise specified. 9 RECITALS 10 WHEREAS, the parties entered into that certain Agreement, identified as County Agreement 11 No. 17-581, effective November 14, 2017, for utilizing County-owned building space to operate a Crisis 12 Residential Treatment (CRT) 24/7 Facility ("Agreement"); and 13 WHEREAS, the parties have agreed to extend the contract term for the CRT services provided 14 and therefore the corresponding License Agreement term also needs to be extended; and 15 WHEREAS the parties desire to amend the Agreement, regarding changes as stated below and 16 restate the Agreement in its entirety. 17 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein 18 contained, the parties hereto agree as follows: 19 1. Section 2 of the Agreement, entitled "TERM AND TERMINATION" is deleted in its 20 entirety, and replaced with the following: 21 "TERM AND TERMINATION - The initial term of this AGREEMENT shall be effective 22 beginning on the first date of occupancy by Central Star through June 30, 2023. The first 23 date of occupancy shall be confirmed in writing between the County and Contractor. 24 Effective December 1, 2017, this AGREEMENT shall automatically renew for a 25 maximum of seven (7) one-year periods upon the same terms and conditions herein set 26 forth, unless either County or Contractor provides written notice of non-renewal to the 27 other Party no later than sixty (60) days prior to June 30 of each year. 28 - 1 - 1 Notwithstanding any of the above, County shall have the right to terminate this 2 Agreement immediately in the event Central Star ceases to provide the services described in Section 5 3 of the Agreement. As to County, the Director of Internal Services or the Director of the Department of 4 Behavioral Health, or one of their designees, may provide written notice of nonrenewal or termination of 5 this AGREEMENT." 6 2. Section 23 of the Agreement, entitled "ENTIRE FACILITY USE AGREEMENT" is deleted in its 7 entirety and replaced with the following: 8 "This Agreement constitutes the entire Agreement between the Contractor and the 9 County with respect to the subject matter hereof and supersedes all previous Agreement 10 negotiations, proposals, commitments, writings, advertisements, publications, and 11 understandings of any nature whatsoever unless expressly included in this Agreement. 12 In the event of any inconsistency in interpreting the documents which constitute this 13 Agreement, the inconsistency shall be resolved by giving precedence in the following 14 order of priority: (1) the text of this Amendment No. 1 to the Agreement, (2) the 15 Agreement and (4) Exhibits A through D of the Agreement." 16 3. When both parties have signed this Amendment No. 1, this Amendment No. 1 and the 17 Agreement together constitute the Agreement. 18 4. The Contractor represents and warrants to the County that: 19 a. The Contractor is duly authorized and empowered to sign and perform its obligations under 20 this Amendment. 21 b. The individual signing this Amendment on behalf of the Contractor is duly authorized to do 22 so and his or her signature on this Amendment legally binds the Contractor to the terms of 23 this Amendment. 24 5. This Amendment No. 1 may be signed in counterparts, each of which is an original, and all of 25 which together constitute this Amendment No. 1. 26 27 28 - 2 - 1 6. The Agreement as previously amended and here as amended by this Amendment No. 1 is 2 ratified and continued. All provisions of the Agreement as previously amended here and not amended 3 by this Amendment No. 1 remain in full force and effect. 4 [SIGNATURE PAGE FOLLOWS] 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - 1 The parties are signing this Amendment No. 1 on the date stated in the introductory clause. 2 3 CONTRACTOR. COUNTY OF FRESNO: CENTRAL STAR BEHAVIORAL HEALTH, INC. 4 n 5 By a 1`i •c S By_ 6 Sal Ouinf6ro Cheitmah of-t a Board of Supervisors 7 n Print Name: t�no�d of the County of Fresno rt � 8 Title:\1 tu, PRcb►Cit' ' / COO 9 Chairman of the Board,or 10 President,or any Vice President 11 BERNICE E. SEIDEL, Clerk of the Board of Supervisors 12 County of Fresno, State of California 13 By �- 14 Deputy 15 16 Mailing Address: 1501 Hughes Way, Suite 150 17 Long Beach, California 90810 18 Contact: Kent Dunlap, President/Chief Executive Officer 19 20 Fund/Subclass: 0001/10000 Organization: 56302112 21 Account#: 7294 22 23 24 25 26 27 28 -4- Scanned with CamScanner