HomeMy WebLinkAboutAgreement A-24-051 Third Amend. to Agt. w Turning Point of Central CA Inc..pdf Agreement No. 24-051
1 AMENDMENT NO. 3TO SERVICE AGREEMENT
2 This Amendment No. 3 to Service Agreement ("Amendment No. 3") is dated
3 January 23, 2024 and is between Turning Point of Central California Inc., a California
4 nonprofit corporation, whose address is 615 S. Atwood Street, Visalia, CA, 93277 ("Contractor"),
5 and the County of Fresno, a political subdivision of the State of California ("County").
6 Recitals
7 A. On January 29, 2019, the County and the Contractor entered into an agreement to
8 provide Transitional Housing Beds, Sustenance and Associated Services, which is County
9 agreement number 19-039 ("Agreement"), for transitional housing and support services.
10 B. On May 7, 2019, the County and the Contractor entered into Amendment No. 1 to
11 increase the annual and total maximum compensation amounts.
12 C. On June 1, 2020, the County and the Contractor entered into Amendment No. 2 to
13 amend the Agreement to increase the annual and total maximum compensation, due to the
14 award of additional grant funding available for additional services.
15 D. The Agreement has previously been extended in accordance with the terms of the
16 Agreement by mutual consent of the parties to its full potential five-year term, which is
17 scheduled to expire on January 31, 2024.
18 E. The County needs to amend the Agreement to further extend the term of the Agreement,
19 as the County requires additional time to complete the competitive request for quotation (RFQ)
20 process to obtain a new agreement, in accordance with the County's purchasing procedures.
21 F. The County desires to continue services for the transitional housing and support
22 services until the RFQ process for the new agreement is completed. The Contractor represents
23 that it is able to continue providing the County with these services.
24 G. The County and the Contractor now desire to amend the Agreement to further extend
25 the term for an additional three (3) months, through April 30, 2024, with the option of one (1)
26 additional three (3) month extension, in the event the RFQ takes longer than expected, to
27 continue the services of the transitional housing and support services.
28 The parties therefore agree as follows:
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1 1. Section 3, titled "TERM" of the Agreement located on page 2, line 1 through line 7 is
2 deleted in its entirety and replaced with the following:
3 "TERM
4 The term of this Agreement shall be for a period of three (3) years, commencing
5 on February 1, 2019 through and including January 31, 2022. This Agreement
6 may be extended for two (2) additional consecutive twelve (12) month periods,
7 and no more than two (2), three (3) month periods, upon written approval of both
8 parties at least 30 days before the first day of the next three (3) month extension
9 period. In no event shall the term of this Agreement extend beyond July 31,
10 2024. The Chief Probation Officer or his or her designee is authorized to sign the
11 written approval for extension on behalf of the County based on the Contractor's
12 satisfactory performance. The extension of this Agreement by the County is not a
13 wavier or compromise of any default or breach of this Agreement by the
14 Contractor existing at the time of the extension whether or not known to the
15 County."
16 2. When both parties have signed this Amendment No. 3, the Agreement, Amendment No.
17 1, Amendment No. 2, and this Amendment No. 3 together constitute the Agreement.
18 3. The Contractor represents and warrants to the County that:
19 a. The Contractor is duly authorized and empowered to sign and perform its obligations
20 under this Amendment.
21 b. The individual signing this Amendment on behalf of the Contractor is duly authorized
22 to do so and his or her signature on this Amendment legally binds the Contractor to
23 the terms of this Amendment.
24 4. The parties agree that this Amendment No. 3 may be executed by electronic signature
25 as provided in this section.
26 a. An "electronic signature" means any symbol or process intended by an individual
27 signing this Amendment No. 3 to represent their signature, including but not limited
28 to (1) a digital signature; (2) a faxed version of an original handwritten signature; or
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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. 3 is deemed
4 equivalent to a valid original handwritten signature of the person signing this
5 Amendment No. 3 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. 3 is not conditioned upon the parties conducting the
15 transactions under it by electronic means and either party may sign this Amendment
16 No. 3 with an original handwritten signature.
17 5. This Amendment No. 3 may be signed in counterparts, each of which is an original, and
18 all of which together constitute this Amendment No. 3.
19 6. The Agreement as previously amended and as amended by this Amendment No. 3 is
20 ratified and continued. All provisions of the Agreement as previously amended and not
21 amended by this Amendment No. 3 remain in full force and effect.
22 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 3 on the date stated in the introductory
2 clause.
3
TURNING POINT OF CENTRAL COUNTY OF FRESNO
4 CALIFO IA, INC.
5
6 Nathan Magsig, Chairman of the Board of
Ryan Ban , C ief Executive Officer Supervisors of the County of Fresno
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P.O. Box 7447 Attest:
8 Visalia, CA 93290 Bernice E. Seidel
Clerk of the Board of Supervisors
9 County of Fresno, State of California
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By: _ d
11 Deputy
12 For accounting use only:
13 Org No.: 34309999
Account No.:7295
14 Fund No.:0001
Subclass No.:10000
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