HomeMy WebLinkAboutAgreement A-24-134 Amendment I to NEO ESE Agreement.pdf Agreement No. 24-134
1 AMENDMENT 1 TO AGREEMENT
2 This Amendment No. 1 to Service Agreement is dated March 19, 2024 and is between
3 the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as
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"COUNTY," and each contractor collectively hereinafter referred to as "CONTRACTOR," and any such
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additional contractors as may, from time to time during the term of this Agreement, be added by
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COUNTY. Reference in this Agreement to party or parties shall be understood to refer to COUNTY
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8 and each individual CONTRACTOR unless otherwise specified.
9 RECITALS:
10 A. On September 22, 2020, the County and each contractor listed in Exhibit A entered into
11 Expanded Subsidized Employment (ESE), which is County agreement number A-20-359
12 ("Agreement"), for subsidized employment for California Work Opportunity and Responsibility to Kids
13 Act (CaIWORKs) clients designed to maximize unsubsidized employment opportunities to able-bodied,
14 non-exempt CaIWORKs public assistance applicants and recipients.
15 B. Assembly Bill 74 (Chapter 21, Salutes of 2013) created the ESE Program with the goal of
16 increasing job retention in an unsubsidized position of employment for CaIWORKs Welfare to Work
17 clients.
18 C. Both parties agree that a revision to the insurance requirements is necessary to ensure
19 continuation of the program and increase opportunities for placement of clients in subsidized
20 employment positions.
21 D. The parties desire to amend the Agreement regarding changes as stated below.
22 The parties therefore agree as follows:
23 1. Section Nine (9) of the Agreement located at Page Five (5), Line Nineteen (19),
24 beginning with the word "Insurance" and ending on Page Seven (7), Line Nineteen (19) with the word
25 "better," be deleted and the following inserted in its place:
26 " INSURANCE
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CONTRACTOR shall comply with the insurance requirements in Exhibit A to this Agreement."
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1 — COUNTY OF FRESNO
Fresno,CA
Agreement No. 24-134
1 2. When both parties have signed this Amendment No. 1, the Agreement, and this Amendment
2 No.1 together constitute the Agreement.
3 3. The Contractor represents and warrants to the County that:
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a. The Contractor is duly authorized and empowered to sign and perform its obligations
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under this Amendment.
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b. The individual signing this Amendment on behalf of the Contractor is duly authorized to do
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8 so and his or her signature on this Amendment legally binds the Contractor to the terms
9 of this Amendment.
10 4. The parties agree that this Amendment may be executed by electronic signature as
11 provided in this section.
12 a. An "electronic signature" means any symbol or process intended by an individual signing
13 this Amendment 1. to represent their signature, including but not limited to (1) a digital
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signature; (2) a faxed version of an original handwritten signature; or (3) an electronically
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scanned and transmitted (for example by PDF document) version of an original
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17 handwritten signature.
18 b. Each electronic signature affixed or attached to this Amendment (1) is deemed equivalent
19 to a valid original handwritten signature of the person signing this Amendment for all
20 purposes, including but not limited to evidentiary proof in any administrative or judicial
21 proceeding, and (2) has the same force and effect as the valid original handwritten
22 signature of that person.
23 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
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subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part2,
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Title 2.5, beginning with section 1633.1).
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27 d. Each party using a digital signature represents that it has undertaken and satisfied the
28 requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through
(5), and agrees that each other party may rely upon that representation.
— 2 — COUNTY OF FRESNO
Fresno,CA
Agreement No. 24-134
1 e. This Amendment is not conditioned upon the parties conducting the transactions under it
2 by electronic means and either party may sign this Amendment with an original
3 handwritten signature.
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5. This Amendment may be signed in counterparts, each of which is an original, and all of
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which together constitute this Amendment.
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6. The Agreement, as amended by this Amendment No. 1 is ratified and continued. All
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8 provisions Agreement and not amended by this Agreement No. 1 remain in full force and effect.
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3 — COUNTY OF FRESNO
Fresno,CA
Agreement No. 24-134
1 The parties are signing this Amendment No.1 to Agreement No. 20-359 on the date stated in
2 the introductory clause.
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4 COUNTY OF FRESNO
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6 Nathan Magsig, Chairman of the Board of
7 Supervisors of the County of Fresno
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Attest:
9 BERNICE E. SEIDEL,
Clerk of the Board of Supervisors
10 County of Fresno, State of California
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12 By:
13 Deputy
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16 For accounting use only:
17 Org No.:56107001
Account No.:7870
18 Fund No.: 0001
Subclass: 10000
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21 SB:ME
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— 4 — COUNTY OF FRESNO
Fresno,CA
Agreement No.
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2 CONTRACTOR: A Mind Above, A Professional Psychology Corporation
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5 By:
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7 Print Name: �__IVIAm_' `(C
8 Title:
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12 Mailing Address: 334 Shaw Ave., Suite 100 Clovis, CA 93612
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14 Contact: Tina Emmerich
Telephone: 559-712-8500
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16 Org No.:7001
Account No.:7870
17 Fund No.: 0001
18 Subclass: 10000
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SB:ME
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- 5 - COUNTY OF FRESNO
Exhibit A
Page 1 of 3
Insurance Requirements
1. Required Policies
Without limiting the County's right to obtain indemnification from the Contractor or any third parties,
Contractor, at its sole expense, shall maintain in full force and effect the following insurance policies
throughout the term of this Agreement.
(A) Commercial General Liability. Commercial general liability insurance with limits of not less
than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two
Million Dollars ($2,000,000). This policy must be issued on a per occurrence basis.
Coverage must include products, completed operations, property damage, bodily injury,
personal injury, and advertising injury. The Contractor shall obtain an endorsement to this
policy naming the County of Fresno, its officers, agents, employees, and volunteers,
individually and collectively, as additional insureds, but only insofar as the operations under
this Agreement are concerned. Such coverage for additional insureds will apply as primary
insurance and any other insurance, or self-insurance, maintained by the County is excess
only and not contributing with insurance provided under the Contractor's policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One Million
Dollars ($1,000,000) per occurrence for bodily injury and for property damages. Coverage
must include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of the
State of California with statutory limits.
(D) Employer's Liability. Employer's liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for disease.
2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the Contractor signs this Agreement, and at
any time during the term of this Agreement as requested by the County's Risk Manager or
the County Administrative Office, the Contractor shall deliver, or cause its broker or
producer to deliver, to the County of Fresno Department of Social Services, at
P.O. Box 1912, Fresno, California 93712, or DSSContractlnsurance(a)-fresnocountyca.gov,
and by mail or email to the person identified to receive notices under this Agreement,
certificates of insurance and endorsements for all of the coverages required under this
Agreement.
(i) Each insurance certificate must state that: (1)the insurance coverage has been
obtained and is in full force; (2) the County, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and (3) the
Contractor has waived its right to recover from the County, its officers, agents,
employees, and volunteers any amounts paid under any insurance policy required
by this Agreement and that waiver does not invalidate the insurance policy.
D-1
Exhibit A
Page 2 of 3
(ii) The commercial general liability insurance certificate must also state, and include
an endorsement, that the County of Fresno, its officers, agents, employees, and
volunteers, individually and collectively, are additional insureds insofar as the
operations under this Agreement are concerned. The commercial general liability
insurance certificate must also state that the coverage shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the County
shall be excess only and not contributing with insurance provided under the
Contractor's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(B) Acceptability of Insurers. All insurance policies required under this Agreement must be
issued by admitted insurers licensed to do business in the State of California and
possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no
less than A: VI I.
(C) Notice of Cancellation or Change. For each insurance policy required under this
Agreement, the Contractor shall provide to the County, or ensure that the policy requires
the insurer to provide to the County, written notice of any cancellation or change in the
policy as required in this paragraph. For cancellation of the policy for nonpayment of
premium, the Contractor shall, or shall cause the insurer to, provide written notice to the
County not less than 10 days in advance of cancellation. For cancellation of the policy
for any other reason, and for any other change to the policy, the Contractor shall, or shall
cause the insurer to, provide written notice to the County not less than 30 days in
advance of cancellation or change. The County in its sole discretion may determine that
the failure of the Contractor or its insurer to timely provide a written notice required by
this paragraph is a breach of this Agreement.
(D) County's Entitlement to Greater Coverage. If the Contractor has or obtains insurance
with broader coverage, higher limits, or both, than what is required under this
Agreement, then the County requires and is entitled to the broader coverage, higher
limits, or both. To that end, the Contractor shall deliver, or cause its broker or producer
to deliver, to the County's Risk Manager certificates of insurance and endorsements for
all of the coverages that have such broader coverage, higher limits, or both, as required
under this Agreement.
(E) Waiver of Subrogation. The Contractor waives any right to recover from the County, its
officers, agents, employees, and volunteers any amounts paid under the policy of
worker's compensation insurance required by this Agreement. The Contractor is solely
responsible to obtain any policy endorsement that may be necessary to accomplish that
waiver, but the Contractor's waiver of subrogation under this paragraph is effective
whether or not the Contractor obtains such an endorsement.
(F) County's Remedy for Contractor's Failure to Maintain. If the Contractor fails to keep
in effect at all times any insurance coverage required under this Agreement, the County
may, in addition to any other remedies it may have, suspend or terminate this
Agreement upon the occurrence of that failure, or purchase such insurance coverage,
D-2
Exhibit A
Page 3 of 3
and charge the cost of that coverage to the Contractor. The County may offset such
charges against any amounts owed by the County to the Contractor under this
Agreement.
(G)Subcontractors. The Contractor shall require and verify that all subcontractors used by
the Contractor to provide services under this Agreement maintain insurance meeting all
insurance requirements provided in this Agreement. This paragraph does not authorize
the Contractor to provide services under this Agreement using subcontractors.
D-3