HomeMy WebLinkAboutP - 21-106 Amendment 1.pdf P-21-106
Amendment 1
1 AMENDMENT NO. 1 TO SERVICE AGREEMENT
2 This Amendment No. 1 to Agreement, as Assigned ("Amendment No. 1) is dated _April 8,
3 2024_and is between Hands On Central California, a California nonprofit public benefit
4 corporation, ("Contractor" or "Assignee"), and the County of Fresno, a political subdivision
5 of the State of California ("County").
6 Recitals
7 A. On April 8, 2021, the County, and the Fresno County Economic Opportunities
8 Commission ("Assignor") entered into County agreement number P-21-106 ("Agreement"), for
9 the provision of mentoring services for the Fresno County Probation Department Adult Reentry
10 Planning Program (ARPP) participants. These mentoring services were provided by Fresno
11 Street Saints, at the time, as a program of the Assignor, from April 8, 2021 to June 30, 2022.
12 B. On June 30, 2022, the Assignor terminated its relationship with Fresno Street Saints.
13 Effective July 1, 2022, Hands On Central California ("Assignee", or now "Contractor") entered
14 into a Fiscal Sponsorship Memorandum of Understanding with Fresno Street Saints.
15 C. On March 7, 2023, the County and entered into an Assignment of Agreement of
16 Procurement Agreement 21-106 ("Assignment") to assign, transfer, and delegate all of its right,
17 benefits, responsibilities, and obligations and privileges of the Agreement from the Assignor to
18 the Assignee.
19 D. The Assignee has been meeting all obligations and responsibilities of the Agreement, in
20 lieu of the Assignor.
21 E. This Agreement was initially funded with Board of State and Community Corrections,
22 2019 Justice Assistance Grant (JAG) funds awarded to the County; at the time of the original
23 award, the County had no knowledge of the possibility of another grant cycle and entered into a
24 three-year term for the Agreement. On March 31, 2023, this grant cycle ended.
25 F. Applications for another cycle of grant funds were solicitated and the County applied for
26 and was awarded 2023 JAG funds effective June 1, 2023 through December 31, 2026.
27 G. In order to avoid a lapse in services, the County needs to amend the Agreement to
28 extend the term of the Agreement, which would otherwise expire on April 8, 2024, as the County
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P-21-106
Amendment 1
1 requires additional time to complete the competitive request for proposal (RFP) process to
2 obtain a new agreement, in accordance with the County's purchasing procedures.
3 H. The County desires to continue to contract with Assignee for the mentoring services until
4 the RFP process for the new agreement is complete. The Contractor represents that it is able to
5 continue providing the County with these services.
6 I. The County and the Assignee now desire to amend the Agreement, as assigned, to
7 extend the term for an additional three (3) months, through July 7, 2024, with the option of one
8 (1) additional three (3) month extension, with no change in compensation, in the event the RFP
9 takes longer than expected, to continue the mentoring services.
10 The parties therefore agree as follows:
11 1. Section 3 titled "TERM" of the Agreement located on page 2, lines 8 through 10 is
12 deleted in its entirety and replaced with the following:
13 "TERM
14 The term of this Agreement shall be for a period of three (3) years, commencing
15 upon the Effective Date, through and including the last day of the three-year
16 period. This Agreement may be extended for two (2) additional three (3) month
17 extension periods, upon written approval of both parties at least 30 days before
18 the first day of the next three (3) month extension period. In no event shall the
19 term of this Agreement extend beyond October 7, 2024. The Chief Probation
20 Officer or his or her designee is authorized to sign the written approval for
21 extension on behalf of the County based on the Contractor's satisfactory
22 performance. The extension of this Agreement by the County is not a waiver or
23 compromise of any default or breach of this Agreement by the Contractor existing
24 at the time of the extension whether or not known to the County."
25 2. When both parties have signed this Amendment No. 1, the Agreement, the Assignment,
26 and this Amendment No. 1 together constitute the Agreement.
27 3. The Contractor represents and warrants to the County that:
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P-21-106
Amendment 1
1 a. The Contractor is duly authorized and empowered to sign and perform its obligations
2 under this Amendment No. 1.
3 b. The individual signing this Amendment No. 1 on behalf of the Contractor is duly
4 authorized to do so and his or her signature on this Amendment No. 1 legally binds
5 the Contractor to the terms of this Amendment No. 1.
6 4. The parties agree that this Amendment No. 1 may be executed by electronic signature
7 as provided in this section.
8 a. An "electronic signature" means any symbol or process intended by an individual
9 signing this Amendment No. 1 to represent their signature, including but not limited
10 to (1) a digital signature; (2) a faxed version of an original handwritten signature; or
11 (3) an electronically scanned and transmitted (for example by PDF document)
12 version of an original handwritten signature.
13 b. Each electronic signature affixed or attached to this Amendment No. 1 (1) is deemed
14 equivalent to a valid original handwritten signature of the person signing this
15 Amendment No. 1 for all purposes, including but not limited to evidentiary proof in
16 any administrative or judicial proceeding, and (2) has the same force and effect as
17 the valid original handwritten signature of that person.
18 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
19 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
20 2, Title 2.5, beginning with section 1633.1).
21 d. Each party using a digital signature represents that it has undertaken and satisfied
22 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
23 through (5), and agrees that each other party may rely upon that representation.
24 e. This Amendment No. 1 is not conditioned upon the parties conducting the
25 transactions under it by electronic means and either party may sign this Amendment
26 No. 1 with an original handwritten signature.
27 5. This Amendment No. 1 may be signed in counterparts, each of which is an original, and
28 all of which together constitute this Amendment.
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P-21-106
Amendment 1
1 6. The Agreement as previously assigned is as amended by this Amendment No. 1 is
2 ratified and continued. All provisions of the Agreement as previously assigned and not amended
3 by this Amendment No. 1 remain in full force and effect.
4 [SIGNATURE PAGE FOLLOWS]
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P-21-106
Amendment 1
1 The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause.
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HANDS ON CENTRAL CALIFORNIA COUNTY OF FRESNO
4
Manuel M. Digitally signed by Manuel
�V� M.Vilanova
Date024.03.05
5 Vilanova 12:36: 7-08'00'
12:36:47-08'00'
6 Carol Davies, Executive Director Manuel Vilanova, Deputy Director, ISD
7 1625 East Shaw, Suite 160 333 W. Pontiac Way
Fresno, CA 93710 Clovis, CA 93612
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12 For accounting use only:
13 Org No.: 34321975
Account No.: 7295
14 Fund No.: 0001
Subclass No.: 10000
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