HomeMy WebLinkAboutP-23-481 Amendment One SERI.pdf 1 AMENDMENT NO. 1 TO SERVICE AGREEMENT
2 This Amendment No. 1 to Service Agreement ("Amendment No. 1") is dated
3 March 5, 2024 and is between Sierra Education and Research Institute, a California
4 non-profit corporation ("Contractor"), and the County of Fresno, a political subdivision of the
5 State of California ("County").
6 Recitals
7 A. On September 8, 2023, the County and the Contractor entered into an agreement to
8 conduct psychological assessments and provide counseling to offenders on probation or
9 incarcerated at the County jail, which is County agreement number P-23-481 ("Agreement"), for
10 services to reduce recidivism by targeting behaviors that lead to or continue criminal behavior.
11 B. This Agreement is scheduled to expire on March 14, 2024, but the County requires
12 additional time to complete the formal bidding process to obtain a new agreement, in
13 accordance with the County's Purchasing procedures.
14 C. The County and the Contractor now desire to amend the Agreement to extend the term
15 for three (3) months, through June 14, 2024, with an option of one (1) additional three-month
16 extension, in the event the formal bid process takes longer than expected, and to increase the
17 maximum compensation, to allow the Contractor to continue to provide such services.
18 The parties therefore agree as follows:
19 1. Subsection 3.2 of the Agreement, located on page 3, lines 6 through 16, is deleted in its
20 entirety and replaced with the following:
21 "3.2 Maximum Compensation. The maximum compensation payable to the
22 Contractor under this Agreement is one hundred, forty-four thousand, nine
23 hundred twenty dollars ($144,920). In no event shall the total cumulative amount
24 of compensation paid to the Contractor for services performed under this
25 Agreement exceed $144,920, which is comprised of an hourly rate as reflected in
26 Exhibit B. The Contractor acknowledges that the County is a local government
27 entity, and does so with notice that the County's powers are limited by the
28 California Constitution and by State law, and with notice that the Contractor may
1
1 receive compensation under this Agreement only for services performed
2 according to the terms of this Agreement and while this Agreement is in effect,
3 and subject to the maximum amount payable under this section. The Contractor
4 further acknowledges that County employees have no authority to pay the
5 Contractor except as expressly provided in this Agreement."
6 2. Subsection 4.1 of the Agreement located on page 4, lines 3 through 4, is deleted in its
7 entirety and replaced with the following.-
8 "4.1 Term. This Agreement is effective on September 15, 2023 and terminates on
9 June 24, 2024, unless extended. The Agreement may be extended for one (1)
10 three-month period upon written approval of both parties at least 30 days before
11 June 24, 2024. The Chief Probation Officer or his designee is authorized to sign
12 the written approval on behalf of the County based on the Contractor's
13 satisfactory performance. The extension of this Agreement by the County is not a
14 waiver or compromise of any default or breach of this Agreement by the
15 Contractor existing at the time of the extension whether or not known to the
16 County."
17 3. The Contractor represents and warrants to the County that:
18 a. The Contractor is duly authorized and empowered to sign and perform its obligations
19 under this Amendment No. 1.
20 b. The individual signing this Amendment No. 1 on behalf of the Contractor is duly
21 authorized to do so and his or her signature on this Amendment No. 1 legally binds
22 the Contractor to the terms of this Amendment No. 1.
23 4. The parties agree that this Amendment No. 1 may be executed by electronic signature
24 as provided in this section.
25 a. An "electronic signature" means any symbol or process intended by an individual
26 signing this Amendment No. 1 to represent their signature, including but not limited
27 to (1) a digital signature; (2) a faxed version of an original handwritten signature; or
28
2
1 (3) an electronically scanned and transmitted (for example by PDF document)
2 version of an original handwritten signature.
3 b. Each electronic signature affixed or attached to this Amendment No. 1 (1) is deemed
4 equivalent to a valid original handwritten signature of the person signing this
5 Amendment No. 1 for all purposes, including but not limited to evidentiary proof in
6 any administrative or judicial proceeding, and (2) has the same force and effect as
7 the valid original handwritten signature of that person.
8 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
9 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
10 2, Title 2.5, beginning with section 1633.1).
11 d. Each party using a digital signature represents that it has undertaken and satisfied
12 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
13 through (5), and agrees that each other party may rely upon that representation.
14 e. This Amendment No. 1 is not conditioned upon the parties conducting the
15 transactions under it by electronic means and either party may sign this Amendment
16 No. 1 with an original handwritten signature.
17 5. This Amendment No. 1 may be signed in counterparts, each of which is an original, and
18 all of which together constitute this Amendment No. 1.
19 [SIGNATURE PAGE FOLLOWS]
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
2 clause.
3
SIERRA EDUCATION AND RESEARCH COUNTY OF FRESNO
4 INSTITUTE
Manuel M.. Digitally signed by Manuel M.
5 Vilanova
Vilanova Date 2024.03.0516:00:48
6 -08'00'
2anar'ce-Slhgarps, President and Cli a Manuel Vilanova, Deputy Director— ISD
7 Dire 333 W. Pontiac Way
5730 St. Suite 105-503 Clovis, CA 93612
8 Fresno, CA 93710
9
10
For accounting use only:
11
Org No.: 34300390
12 Account No.: 7295
Fund No.: 0001
13 Subclass No.: 10000
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4