HomeMy WebLinkAboutAgreement A-13-018-4 with Language Line Services, Inc..pdf
COUNTY OF FRESNO
Fresno, CA
- 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AMENDMENT IV TO AGREEMENT
This FOURTH AMENDMENT is made and entered into this ______ day of _____________
2016, by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California,
hereinafter referred to as “COUNTY”, the FRESNO COUNTY IN-HOME SUPPORTIVE
SERVICES PUBLIC AUTHORITY, a corporate public body, hereinafter referred to as “PUBLIC
AUTHORITY” and LANGUAGE LINE SERVICES, INC., a For-Profit Corporation, whose address
is 1 Lower Ragsdale Drive, Monterey, CA 93940, hereinafter referred to as "CONTRACTOR"
(collectively the “parties”).
W I T N E S S E T H:
WHEREAS, the parties entered into that certain Agreement, identified as COUNTY Agreement
NO. 13-018, effective January 1, 2013, whereby CONTRACTOR agreed to provide telephonic
interpreting services which benefit certain Fresno County residents; and
WHEREAS, the parties entered into Amendment I, to Agreement No. 13-018, dated June 3,
2014 to amend the Scope of Work and Compensation; and
WHEREAS, the parties entered into Amendment II to Agreement No. 13-018, dated September
16, 2014 to add Health Insurance Portability and Accountability Act language as required by law; and
WHEREAS, the parties entered into Amendment III to Agreement No. 13-018 dated December
8, 2015 to extend the term of the Agreement to June 30, 2016; and
WHEREAS the parties desire to amend the Agreement, once again regarding changes as stated
below.
NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
hereto agree as follows:
1. That the existing original Agreement No. 13-018, Page Four (4), Section Five (5), Line
One (1), beginning with “5. Compensation” and ending on Page Four (4), Line Seventeen (17) with
the number “($338,550)” be deleted in its entirety and replaced with the following:
“5. Compensation
A. COUNTY and PUBLIC AUTHORITY agree to pay CONTRACTOR and
CONTRACTOR agrees to receive compensation at a flat rate of Ninety Seven Cents ($0.97) per minute
COUNTY OF FRESNO
Fresno, CA
- 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
for language translation services provided under this Agreement. CONTRACTOR shall only be
compensated for actual services performed under this Agreement and shall not be entitled to any
minimum amount of compensation.
B. For the provision of telephonic interpreting services, in no event shall the
maximum compensation paid by the COUNTY and the PUBLIC AUTHORITY to CONTRACTOR for
actual services performed for the period of January 1, 2013 through December 31, 2013 be in excess of
Sixty-One Thousand Eight Hundred Fifty and No/100 Dollars ($61,850.00). For the period of January
1, 2014 through December 31, 2014, in no event shall the maximum compensation exceed One
Hundred Thirty-Eight Thousand Three Hundred Fifty and NO/100 Dollars ($138,350.00). For the
period of January 1, 2015 through June 30, 2016, in no event shall the maximum compensation exceed
Two Hundred Forty-Three Thousand Eight Hundred Thirty-Five and NO/100 Dollars ($243,835.00).
In no event shall the cumulative total of this Agreement for actual services performed exceed Four
Hundred Forty-Four Thousand Thirty-Five and NO/100 Dollars ($444,035.00). It is understood that all
expenses incidental to CONTRACTOR’s performance of services under this Agreement shall be borne
by CONTRACTOR. The maximum compensation as stated herein shall include applicable California
sales tax and all monthly maintenance and service fees. Payments by COUNTY and PUBLIC
AUTHORITY shall be in arrears for services provided during the preceding month, within forty-five
(45) days after receipt, verification and approval of CONTRACTOR’s invoices by PUBLIC
AUTHORITY, SHERIFF and COUNTY’s DBH, DPH and DSS as further described in Paragraph Six
(6). If CONTRACTOR shall fail to comply with any provision of this Agreement COUNTY and
PUBLIC AUTHORITY shall be relieved of its obligation for further payment.”
2. COUNTY, the PUBLIC AUTHORITY and CONTRACTOR agree that this Fourth
Amendment is sufficient to amend County Agreement No. 13-018, and that upon execution of this
Fourth Amendment, the original Agreement and Amendment I, II, III and Fourth Amendment shall
together be considered the Agreement.
This Agreement as hereby amended is ratified and continued. All provisions, terms, covenants,
conditions and promises contained in the Agreement, not amended herein shall remain in full force and
effect. This Fourth Amendment shall become retroactively effective January 1, 2015.
II
DocuSign Envelope ID: 1 B220ECB-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
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CONTRACTOR:
LANGUAGE LINE SERVICES, INC.
CDoeuSignod by'
By~lf!-J
. Scott Klein
PrmtName: -------------------
President and CEO Title: _____________________ _
Chairman of the Board, or
President or any Vice President
lttiduul f. ~~iJJ ~DocuSigned by:
By C48990FDE049407 ...
P . N Michael F. Schmidt rmt arne: _________________ _
Title: chief Financial officer
Secretary (of Corporation), or
any Assistant Secretary, or
ChiefFinancial Officer, or
any Assistant Treasurer
Mailing· Address:
1 Lower Ragsdale Drive
Monterey, CA 93940-3611
Phone No.: (800) 752-6096
Contact: Contract Administration
COUNTY OF FRESNO:
ByL_~~ ~~~
Ernest Buddy Mendes, ha1rman
Board of Supervisors
BERNICE E. SEIDEL, Clerk
Board of Supervisors
IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY
By£e '#~~
Chairman, Board o irectors
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
-3 -COUNTY OF FRESNO
Fresno, CA
COUNTY OF FRESNO
Fresno, CA
- 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
For the period of January 1, 2015 through June 30, 2016:
DEPARTMENT: ORG: AMOUNTS:
DSS: 5610 $ 177,000.00
DBH: 5630 $ 16,150.00
DPH: 5620 $ 8,200.00
SHERIFF-CORONER: 3111 $ 41,000.00
IHSS: 5611 $ 1,485.00
Account: 7295
Fund: 0001
Program: 0
Subclass: 10000
DEN: lhm