HomeMy WebLinkAboutAgreement A-24-257 First Amendment to Agreement with FUSD.pdf Agreement No. 24-257
1 AMENDMENT NO. 1 TO SERVICE AGREEMENT
2 This Amendment No. 1 to Service Agreement ("Amendment No. 1") is dated
3 June 4, 2024 and is between County of Fresno, a political subdivision of the State of
4 California ("County"), and Fresno Unified School District, a public school district (FUSD).
5 Recitals
6 A. On January 3, 2023, County and FUSD entered into County agreement number A-23-
7 011 ("Agreement")with FUSD to secure law enforcement services from the County, through the
8 Fresno County Sheriff's Office, to be provided at Wawona Middle School, located at 4524 N.
9 Thorne Ave., Fresno, CA 93704 for a base term of three (3) years, with the option to extend for
10 two (2) optional one-year extensions.
11 B. County and FUSD now desire to amend the Agreement to provide that the law
12 enforcement services provided during extended learning periods may be provided at alternate
13 locations, as agreed to by the parties.
14 The parties therefore agree as follows:
15 1. The recitals of the Agreement, located on page 1, lines 8 through 14, are deleted in their
16 entirety, and replaced with the following:
17 "WHEREAS, FUSD desires to secure law enforcement services from County, through
18 the Fresno County Sheriff's Office.
19 WHEREAS, County agrees to render such law enforcement services on the terms and
20 conditions hereinafter set forth, and FUSD agrees to pay County the cost of performing
21 such services at the rates and under the terms and conditions herein set forth."
22 2. A new subsection 1.4 is added to the Agreement, at page 1, line 26, as follows:
23 1.4 Location of Services. The County shall provide the law enforcement services
24 during the school year at Wawona Middle School, located at 4524 N. Thorne Ave.,
25 Fresno, CA 93704, and during extended learning periods, including the two (2)weeks of
26 winter break in December and last three (3) weeks of summer break in June of every
27 year, the law enforcement services shall be provided at the Wawona Middle School or
28 an alternate location as agreed to by FUSD and the County (all locations where the
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1 services will be provided are collectively referred to in this Agreement as the
2 "Premises"Y'
3 2. When both parties have signed this Amendment No. 1, the Agreement, and this
4 Amendment No. together constitute the Agreement.
5 3. FUSD represents and warrants to the County that:
6 a. FUSD is duly authorized and empowered to sign and perform its obligations under
7 this Amendment No. 1.
8 b. The individual signing this Amendment No. 1 on behalf of FUSD is duly authorized to
9 do so and his or her signature on this Amendment legally binds FUSD to the terms of
10 this Amendment.
11 4. The parties agree that this Amendment No. 1 may be executed by electronic signature
12 as provided in this section.
13 a. An "electronic signature" means any symbol or process intended by an individual
14 signing this Amendment No. 1 to represent their signature, including but not limited
15 to (1) a digital signature; (2) a faxed version of an original handwritten signature; or
16 (3) an electronically scanned and transmitted (for example by PDF document)
17 version of an original handwritten signature.
18 b. Each electronic signature affixed or attached to this Amendment No. 1 (1) is deemed
19 equivalent to a valid original handwritten signature of the person signing this
20 Amendment No. 1 for all purposes, including but not limited to evidentiary proof in
21 any administrative or judicial proceeding, and (2) has the same force and effect as
22 the valid original handwritten signature of that person.
23 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
24 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
25 2, Title 2.5, beginning with section 1633.1).
26 d. Each party using a digital signature represents that it has undertaken and satisfied
27 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
28 through (5), and agrees that each other party may rely upon that representation.
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I e. This Amendment No. 1 is not conditioned upon the parties conducting the
2 transactions under it by electronic means and either party may sign this Amendment
3 No. 1 with an original handwritten signature.
4 5. This Amendment No. 1 may be signed in counterparts, each of which is an original, and
5 all of which together constitute this Amendment No. 1.
6 6. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
7 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
8 effect.
9 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause.
3
FRESNO UNIFIED SCHOOL DISTRICT COUNTY OF FRESNO
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6 Pat 'c ensen, Chief Financial Officer Nathan Magsig' Chairman of the Board of
7 2309 Tulare St.
Supervisors of the County of Fresno
Fresno, CA 93721 Attest:
8 Bernice E. Seidel
Clerk of the Board of Supervisors
9 County of Fresno, State of California
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11 By:Deputy
kr�t,u..
12 For accounting use only:
13 Org No.: 31113965
Account No.: 4975
14 Fund No.: 0001
Subclass No.: 10000
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