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HomeMy WebLinkAboutAgreement A-25-542 First Amendment to Agreement with the City of Kingsburg.pdf Agreement No. 25-542 1 AMENDMENT NO. 1 TO SERVICE AGREEMENT 2 This Amendment No. 1 to Service Agreement("Amendment No. 1") is dated 3 October 21, 2025 and is between City of Kingsburg, a municipal corporation,whose 4 address is 1401 Draper Street, Kingsburg, CA 93631 ("City"), and the County of Fresno, a 5 political subdivision of the State of California ("County"), 6 Recitals 7 A. On April 8, 2025, the County and the City entered into County agreement number 25- 8 121 ("Agreement")for the assignment of one(1) City of Kingsburg Police Officer to the Public 9 Safety Realignment Adult Compliance Team (ACT). 10 B. The Agreement requires annual budget approval from the Community Corrections 11 Partnership (CCP) Executive Committee and the Fresno County Board of Supervisors ("Board"). 12 Upon approval, an amendment to the Agreement must be executed to update the funding 13 amount. 14 C. On June 9, 2025, the CCP Executive Committee approved the Fiscal Year (FY) 2025-26 15 AB 109 budget, which included continued funding for the City's participation in the ACT. On 16 September 15, 2025, the Board approved the Department's budget which included this 17 allocation. 18 D The County and the City now desire to amend the Agreement to reflect the FY 2025-26 19 approved.budget for the City's continued participation in the ACT. 20 The parties therefore agree as follows: 21 1. This Amendment No. 1 is retroactive to July 1, 2025 22 2. Section 2.1 of the Agreement is deleted in its entirety, and replaced with the following: 23 "The County shall compensate the City for an amount equal to the cost of one (1) 24 City of Kingsburg Police Officer for assignment to the ACT." 25 3. Section 3.2 of the Agreement is deleted in its entirety and replaced with the following: 26 "3.2 Maximum Compensation. The maximum compensation payable to the City 27 for the first year of this Agreement (FY 24-25) is One Hundred Eighty-Four 28 1 1 Thousand, Eight Hundred Seventy-Seven Dollars ($18 ,877) to participate as an 2 ACT member and implement AB 109 services. 3 The maximum compensation payable to the City for the second year of this 4 Agreement (FY25-26)is Two Hundred Thirty-Seven Thousand, Three Hundred 5 Fifty-Eight Dollars ($237,356). In no event shall compensation paid for all 6 services performed for the term of the Agreement exceed Four Hundred Twenty- 7 Two Thousand, Two Hundred Thirty-Five Dollars ($422,23 ). For each 8 subsequent fiscal year, the maximum compensation shall be adjusted to reflect 19 the, new amount approved by the CCP Executive Committee and the Board. The 16 City acknowledges that the County is a local government entity, and does so with 11 notice that the County's powers are limited by the California Constitution and by 12 State law, and with notice that the City may receive compensation under this 13 Agreement only for services performed according to the terms of this Agreement 14 and while this Agreement is in effect, and subject to the maximum amount 15 payable under this section. The City further acknowledges that County 16 employees have no authority to pay the City except as expressly provided in this 17 Agreement." 16 4. When both parties have signed this Amendment No. 1, the Agreement, and this gk X 19 Amendment No. 1 together constitute the Agreement. 20 �� 5. The City represents and warrants to the County that: 21 a. The City is duly authorized and empowered to sign and perform its obligations under 22 this Amendment No. 1. 23 b. The individual signing this Amendment No. 1 on behalf of the City is duly authorized 24 to do so and his or her signature on this Amendment No. 1 legally binds the City to 25 the terms of this Amendment No. 1. 6 6. The parties agree that this Amendment No. 1 may be executed by electronic signature 27 as provided in this section. 26 Ci I 2 a 1' 1 a. An "electronic signature" means any symbol or process intended by an individual I signing this Amendment No. 1 to represent their signature, including but not limited � 3 to (1) a digital signature; (2) a faxed version of an original handwritten signature, or (3) an electronically scanned and transmitted (for example by PDE document) 5 version of an original handwritten signature. I 6 b. Each electronic signature affixed or attached to this Amendment No. 1 is deemed 7 equivalent to a valid original handwritten signature of the person signing this 3 Amendment No. 1 for all purposes, including but not limited to evidentiary proof in s 0 i any administrative or judicial proceeding, and (2) has the same force and effect as 10 the valid original handwritten signature of that person. 11 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5 12 subdivision (b), in the uniform Electronic Transaction Act (Civil Code, Division 3, fart E� 13 2, Title 2.5, beginning with section 1633.1). 14 d. Each party using a digital signature represents that it has undertaken and satisfied 15 € the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) 16 through (5), and agrees that each other party may rely upon that representation. 17 e. This Amendment No. 1 is not conditioned upon the parties conducting the 16 transactions under it by electronic means and either party may sign this Amendment 19 No. 1 with an original handwritten signature. 20 7. This Amendment No. 1 may be signed in counterparts, each of which is an original, and 21 all of which together constitute this Amendment No. 1. 2 fi. The Agreement as amended by this Amendment No. 1 is ratified and continued. All 23 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and 4 effect. 25 [SIGNATURE PAGE FOLLOWS] 26 i 28 3 1 The parties are signing this Amendment No. 1 on the date stated in the introductory 2 clause. 3 CITY OtGUR COUNTY OF FRESNO 4 5 6 Alex er J. He derson, City nager Ernest Buddy Men es,�Chairm=nofhe Board of Supervisors of the County of Fresno 7 1401 Draper Stre Kingsburg, CA 936 Attest: 8 Bernice E. Seidel Clerk of the Board of Supervisors 9 County of Fresno, State of California 10 By: 11 Deputy 12 For accounting use only: 13 Org No.: 34300390 Account No.: 7295 14 Fund No.: 0001 Subclass No.: 10000 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4