HomeMy WebLinkAboutAgreement A-15-218-1 with City of Selma.pdfFirst Amendment to Agreement with City of Selma #15-218
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FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (“First 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," and the
CITY OF SELMA, a municipal corporation, hereinafter referred to as "CONTRACTOR."
W I T N E S S E T H:
WHEREAS, COUNTY and CONTRACTOR entered into Agreement number 15-218
on June 2, 2015 (hereinafter “Agreement”), pursuant to which CONTRACTOR agreed to assign
one (1) City of Selma Police Officer (“Police Officer”) to be responsible for fulfilling the
responsibilities of an Adult Compliance Team (ACT) member, as set forth in the Public Safety
Realignment Act Assembly Bill 109 Implementation Plan (AB 109 PLAN); and
WHEREAS, the Fresno County Community Corrections Partnership (CCP)
approved funding for the Police Officer in Fiscal Year 2016-17 in the amount of $186,259 on April
8, 2016; and
WHEREAS, the thirteen (13) month term of the Agreement will expire on June 30,
2016; and
WHEREAS, the COUNTY and CONTRACTOR desire to amend the Agreement to
increase the maximum compensation and extend the term by one (1) year.
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
1. Section 3 TERM of the Agreement, at Page 2, lines 9 through 11, is deleted in its
entirety and replaced with the following:
“3. TERM
This Agreement shall become effective on June 2, 2015 and shall
terminate on June 30, 2017.”
2. Section 5 COMPENSATION/INVOICING of the Agreement, at Page 2, line 27
through Page 3, line 16, is deleted in its entirety and replaced with the following:
First Amendment to Agreement with City of Selma #15-218
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“5. COMPENSATION/INVOICING
COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees
to receive compensation as follows:
CONTRACTOR shall submit quarterly invoices for actual expenditures
to the County of Fresno Probation Department at:
ProbationInvoices@co.fresno.ca.us. Invoices must be submitted on or after
the dates of October 1, 2015; January 1, April 1, July 1 and October 1, 2016;
and January 1, April 1and July 1, 2017, respectively. Each invoice shall
include a breakdown of expenses identified in the final approved budget of
the CCP in the County of Fresno for use in executing the mission of ACT.
Payments by COUNTY shall be made in arrears, for services
provided during the preceding three (3) month period, and made within 45
days after receipt and verification of CONTRACTOR’s properly completed
invoices by COUNTY’s Probation Department. If CONTRACTOR should
fail to comply with any provision of this Agreement, COUNTY shall be
relieved of its obligation for further compensation.
Upon any termination of this Agreement, CONTRACTOR shall be
compensated for costs incurred under this Agreement, up to and including
the date of termination. The terms of this Section 5 shall survive the
expiration or earlier termination of this Agreement.
In no event shall compensation of costs for services performed
under this Agreement be in excess of $157,633 for Fiscal Year 2015-16
and $186,259 for Fiscal Year 2016-17. The maximum amount payable by
the COUNTY to the CONTRACTOR under this Agreement fo r the two (2)
year contract term is $343,892.”
COUNTY and CONTRACTOR agree that this First Amendment is sufficient to
amend the Agreement and that upon execution of this First Amendment, the Agreement and
this First Amendment together shall be considered the Agreement.
First Amendment to Agreement with City of Selma #15-218
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The Agreement, as hereby amended, is ratified and continued. All provisions,
terms, covenants, conditions and promises contained in the Agreement and not amended
herein shall remain in full force and effect.
First Amendment to Agreement with City of Selma #15-218
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IN WITNESS WHEREOF, the parties hereto have executed th1s Agreement as of
the day and year first hereinabove written .
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7 DATE : 5-1{-l(p
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13 APPRO A~ TO LEGAL FORM
14 Neal E. Co tanzo, City Attorney
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ATTEST:
17 Reyna Rive ra , City Clerk
18 CityofSelma ~ ~
19 ~
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PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
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COUNTY OF FRESNO
DATE :
ATIEST:
Bernice E . Seidel, Clerk
Board of Supervisors
Deputy
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