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HomeMy WebLinkAboutAgreement A-23-501 Amendment with Central Valley Childrens Services Network.pdf Agreement No. 23-501 1 AMENDMENT NO. 1 TO SERVICE AGREEMENT 2 This Amendment No. 1 to Service Agreement ("Amendment No. 1") is dated 3 September 19, 2023 and is between Central Valley Children's Services Network, a California 4 non-profit corporation, whose address is 1911 N. Helm Avenue, Fresno, CA, 93727 5 ("Contractor"), and the County of Fresno, a political subdivision of the State of California 6 ("County"). 7 Recitals 8 A. On September 25, 2018, the County and the Contractor entered into an agreement to 9 Provide Evidence-Based Parenting Program, which is County agreement number A-18-552 10 ("Agreement"), for evidence-based parenting programs designed to provide a collaborative 11 range of services, including parenting skills, healthy relationship activities and resources for 12 economic stability over a five-year term, with a contract maximum of$500,000. 13 B. This Agreement previously has been extended in accordance with the terms of the 14 Agreement by mutual consent of the parties to its full potential five-year term, which is schedule 15 to expired on September 30, 2023. 16 C. The County needs to amend the Agreement to further extend the term of the Agreement, 17 as the County requires additional time to complete the competitive request for proposal ("RFP") 18 process to obtain a new agreement, in accordance with the County's purchasing procedures. 19 D. The County desires to continue services for the parenting program centered on the 20 evidence-based, trauma-informed Nurturing Parenting Program to eligible offenders under 21 supervision of the Fresno County Probation Department while the RFP process for the new 22 agreement is completed. The Contractor represents that it is able to continue providing the 23 County with said services. 24 E. The County and the Contractor now desire to amend the Agreement to further extend 25 the term for an additional six (6) months, through March 31, 2024, with the option of two (2) 26 additional three-month extensions, in the event the RFP process takes longer than expected, to 27 continue the provision of parenting programs to eligible offenders and increase the maximum 28 annual compensation, to allow the Contractor to provide such additional necessary services. 1 1 The parties therefore agree as follows: 2 1. Section 3, titled "TERM" of the Agreement located on page one, line twenty-eight, and 3 page two, lines one through six, is deleted in its entirety and replaced with the following: 4 "TERM 5 The term of this Agreement shall be for a period of three (3) years, commencing 6 on October 1, 2018 and ending September 30, 2021. The Agreement may be 7 extended for two (2) additional consecutive twelve (12) month period, one 8 (1) additional six (6) month period, and two (2) additional three (3) month periods 9 upon written approval of both parties no later than thirty (30) days prior to the first 10 day of the next extension period. In no event shall the term of this Agreement 11 extend beyond September 30, 2024. The Chief Probation Officer or his/her 12 designee is authorized to execute such written approval for extensions on behalf 13 of the County based on the Contractor's satisfactory performance. This Section 3 14 in no way limits the County's power to terminate this Agreement, in accordance 15 with Section 4 of this Agreement." 16 2. Paragraph 2 of Section 5, titled "COMPENSATION/INVOICING" of the Agreement, 17 located on page 3, lines three through six, is deleted in its entirety, and replaced with the 18 following: 19 "Under no circumstances shall compensation paid by the County to Contractor 20 during the term of this Agreement exceed $100,000 annually, with a maximum 21 compensation amount of$600,000." 22 3. When both parties have signed this Amendment No. 1, the Agreement and this 23 Amendment No. 1 together constitute the Agreement. 24 4. The Contractor represents and warrants to the County that: 25 a. The Contractor is duly authorized and empowered to sign and perform its obligations 26 under this Amendment No. 1. 27 28 2 1 b. The individual signing this Amendment No. 1 on behalf of the Contractor is duly 2 authorized to do so and his or her signature on this Amendment No. 1 legally binds 3 the Contractor to the terms of this Amendment No. 1. 4 5. The parties agree that this Amendment No. 1 may be executed by electronic signature as 5 provided in this section. 6 An "electronic signature" means any symbol or process intended by an individual signing 7 this Amendment to represent their signature, including but not limited to (1) a digital 8 signature; (2) a faxed version of an original handwritten signature; or (3) an electronically 9 scanned and transmitted (for example by PDF document) version of an original handwritten 10 signature. 11 a. Each electronic signature affixed or attached to this Amendment No. 1 is deemed 12 equivalent to a valid original handwritten signature of the person signing this 13 Amendment No. 1 for all purposes, including but not limited to evidentiary proof in 14 any administrative or judicial proceeding, and (2) has the same force and effect as 15 the valid original handwritten signature of that person. 16 b. The provisions of this section satisfy the requirements of Civil Code section 1633.5, 17 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 18 2, Title 2.5, beginning with section 1633.1). 19 c. Each party using a digital signature represents that it has undertaken and satisfied 20 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) 21 through (5), and agrees that each other party may rely upon that representation. 22 d. This Amendment No. 1 is not conditioned upon the parties conducting the 23 transactions under it by electronic means and either party may sign this Amendment 24 No. 1 with an original handwritten signature. 25 6. This Amendment No. 1 may be signed in counterparts, each of which is an original, and 26 all of which together constitute this Amendment No. 1. 27 28 3 1 7. The Agreement as amended by this Amendment No. 1 is ratified and continued. All 2 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force 3 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 4 1 The parties are signing this Amendment No. 1 on the date stated in the introductory 2 clause. 3 C7;7- ien's Service,Network COUNTY OF FRESNO 4 // 5 i//. — 5�'% '" 6 Marc". Jimenez , Execxftive Director S Qu ro, airman of the Board of S so e County of Fresno 7 191`1 N. Helm Ave. Fresno, CA 93727 Attest: 8 Bernice E. Seidel Clerk of the Board of Supervisors 9 County of Fresno, State of California 10 By: f-4' 4z n)�' ;ti V,Cif 11 Deputy 12 For accounting use only: 13 Org No.: 34309999 Account No.:7295 14 Fund No.: 0001 Subclass No.:10000 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5