HomeMy WebLinkAbout32515Second Amendment to Agreement #11-1 05
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SECOND AMENDMENT TO A G R E E M E N T
THIS SECOND AMENDMENT TO AGREEMENT is made and entered into this 1st
4 day of March , 2016, by and between the COUNTY OF FRESNO, a political subdivision of
5 the State of California, hereinafter referred to as "COUNTY," and B. I. INCORPORATED, a
6 corporation, whose principal address is 6255 Gunbarrel Avenue, Suite B, Boulder, CO 80301,
7 hereinafter referred to as "CONTRACTOR." COUNTY and CONTRACTOR each are a "Party" to
8 this Agreement, and together they are the "Parties" to this Agreement.
9 W I T N E S S E T H:
10 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number 11-105 on
.11 the 22nd day of March, 2011 (hereinafter "Agreement"), pursuant to which CONTRACTOR
12 agreed to operate a Day Reporting Center, hereinafter referred to as "DRC," for youthful
13 offenders as defined in Request for Proposal (RFP) #952-4867; and
14 WHEREAS, CONTRACTOR agreed to establish and operate a DRC for youthful
15 offenders in facility space as designated by COUNTY'S Probation Department at 2212 N. Winery,
16 Suite 122, Fresno, CA 93703; and
17 WHEREAS, said DRC became operational within 60 days of the start of the contract term
18 and has maintained fifty (50) slots for youthful offenders that are on felony probation in lieu of
19 prison and provided individualized evidence-based programming; and
20 WHEREAS, COUNTY and CONTRACTOR entered into a First Amendment tb Agreement
21 on March 27, 2012 ("First Amendment") to allow the program to expand the number of program
22 slots to accommodate additional offenders from the Probation Department's Post Release
23 Community Supervision (PRSC), increase the maximum compensation for the term of the
24 Agreement, update COUNTY's address in Section 12 "NOTICES", and include a Disclosure of
· 25 Self-Dealing Transactions provision; and
26 WHEREAS, the five (5) year term of the Agreement will expire on March 31, 2016; and
27 WHEREAS, the COUNTY and CONTRACTOR desire to amend the Agreement to
28 extend the term out an additional three (3) months to allow uninterrupted operation of the DRC
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Second Amendment to Agreement #11-105
1 while the competitive bidding process is completed and a new agreement is finalized for the
2 continued provision of the services hereunder and to update the parties' noticing information.
3 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
4 which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
5 1. Section 3 TERM of the Agreement, at Page 5, lines 1 through 3, is deleted in its
6 entirety and replaced with the following:
7 "3. TERM
8 This Agreement shall become effective on April 1, 2011 and shall terminate
9 on June 30, 2016."
10 2. Section 12 NOTICES of the Agreement, at page 10, lines 1 through 9, is deleted in its
11 entirety and replaced with the following:
12 "12. NOTICES: The persons and their addresses having authority to give and
13 receive notices under this Agreement include the following:
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COUNTY
Chief Probation Officer
Fresno Co. Probation Dept.
3333 E. American Avenue, Suite 8
Fresno, CA 93725
CONTRACTOR
Vice-President, Re-Entry & Supervision Services
81, Incorporated
6255 Gunbarrel Avenue, Suite 8
Boulder, CO 80301
17 Any and all notices between the COUNTY and the CONTRACTOR provided for
18 or permitted under this Agreement or by law shall be in writing and shall be deemed
19 duly served when personally delivered to one of the parties, or in lieu of such
20 personal services, when deposited in the United States Mail, postage prepaid,
21 addressed to such party."
22 COUNTY and CONTRACTOR agree that this Second Amendment is sufficient to amend
23 Agreement and, that upon execution of this Second Amendment, the Agreement, the First
24 Amendment and this Second Amendment together shall be considered the Agreement.
25 The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
26 covenants, conditions and promises contained in the Agreement and not amended herein shall
27 remain in full force and effect.
28 Ill
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Second Amendment to Agreement #11-1 05
1 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of the
2 day and year first hereinabove written.
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Date: tJ1ff/l(,
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PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
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COUNTY OF FRESNO
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· Ernest Buddy Mendes
Chairman, Board of Supervisors
ATTEST:
Bernice E. Seidel, Clerk to Board of Supervisors
By ~J.~ e;shmp
Deputy
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1 REVIEWED & RECOMMENDED
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FOR APP AL:
6 APPROVED AS TO LEGAL FORM:
Daniel Cederberg, County Counsel
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APPROVED AS TO ACCOUNTING FORM:
Vicki Crow, CPA -11
12 Auditor-Controllerffreasurer-Tax Collector
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14 By u:eut~ Deputy.: ·. .
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FOR ACCOUNTING USE ONLY:
Fund No.: 0001
Subclass No.: ~ 10000
Qrg. No-.:·_ · · 34309999
-A~cLN~.:. . . . 7295 .
Second Amendment to Agreement #11-1 05
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