AMENDMENT TO AGREEMENT
Updated – August 15, 2022
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AGREEMENT NO. 2022-174(1)
AMENDMENT NO. [1] TO
AGREEMENT NO. 2022-174
This AMENDMENT NO. 1 TO AGREEMENT NO. 2022-174 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and WENDALE DAVIS FOUNDATION, a non-profit Corporation authorized to do business in California (referred to herein as “CONTRACTOR”). CITY and CONTRACTOR are collectively referred to as “Parties” herein.
R E C I T A L S
WHEREAS, in July 2022, the Board of State and Community Corrections (BSCC) awarded the City of Bakersfield a multi -year $3,114,625 California Violence Intervention and Prevention (CalVIP) Cohort 4 grant (Grant Award #BSCC 873 -22) to implement a Socioecological Model focused on using a public health approach to expand on the City’s gun violence reduction efforts; and
WHEREAS, on August 31 , 2022, CITY and CONTRACTOR entered into Agreement No. 2022-174 utilizing CalVIP Cohort 4 funding for intervention, prevention, and mentoring services with a focus on educating, motivating, and rehabilitating individuals at risk of gun violence; and WHEREAS, BSCC recently extended the end date of the CalVIP Cohort 4 grant, from December 31, 2025, to June 30, 2026; and
WHEREAS, BSCC also recently authorized CITY to increase CONTRACTOR’s grant award amount by Twenty-Five Thousand Dollars ($25,000), for a new not to exceed amount of Four Hundred Eighty-Five Thousand Five Hundred Dollars ($485,500); and
WHEREAS, the Parties now desire to amend Agreement No. 2022-174 in order to modify the scope of work, increase the compensation, and extend the term to June 30, 2026.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
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AMENDMENT TO AGREEMENT
Updated – August 15, 2022
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1. Section 1 of Agreement No. 2022-174 entitled “SCOPE OF WORK” is hereby amended to add the following paragraphs:
1.13 Effectively document all program-related activities, including but not limited to contacts, outreach events, etc., within forty-eight (48) hours of the completion of that activity in CITY’s dedicated OVIP case management system.
1.14 CONTRACTOR will make at least three (3) contact attempts weekly for all referred individuals and active participants on their caseload.
Contact attempts will consist of a minimum of one (1) in-person interaction. All newly referred referrals must be contacted within seventy-two (72) hours of assignment.
2. Section 3 of Agreement No. 2022-174 entitled “COMPENSATION/PAYMENT PROCEDURE” is hereby amended to read as follows:
3. COMPENSATION/PAYMENT PROCEDURE. Compensation for all work, services or products called for under this Agreement shall not exceed
FOUR HUNDRED EIGHTY-FIVE THOUSAND FIVE HUNDRED DOLLARS
($485,500) and is the total compensation under this Agreement including, but not limited to, all out -of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties.
3.1 In the event that expenditures submitted for reimbursement to CITY are determined to be ineligible expenses, per the BSCC Grant Administration Guide, CITY is not obligated to pay CONTRACTOR for reimbursement of ineligible expenses.
3.2 CONTRACTOR shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be made within thirty (30) days after receipt and approval by CITY of CONTRACTOR' s itemized invoice. Invoices shall be accompanied with source documentation that support contract billings. Time and attendance reports must support hours charged. Travel vouchers detailing the purpose, time, and destination must support travel claims. Purchase orders, invoices, etc., must support operating expense claims. Dual compensation (i.e., payment to a party more than once for the same work) is specifically prohibited.
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AMENDMENT TO AGREEMENT
Updated – August 15, 2022
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3. Section 4 of Agreement No. 2022-174 entitled “TERM” is hereby amended to read as follows:
4. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on June 30, 2026.
4. Section 10 of Agreement No. 2022-174 entitled “AUDIT REQUIREMENT” is hereby amended to read as follows:
10. AUDIT REQUIREMENT. The CITY, as grantee, is required to provide BSCC with a financial audit no later than June 30, 2026. The audit will be conducted between December 31, 2025, and June 30, 2026.
5. Except as amended herein, all provisions of Agreement No. 2022-174 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2022-174 to be executed the day and year first above written.
“CITY” “CONTRACTOR”
CITY OF BAKERSFIELD WENDALE DAVIS FOUNDATION
By:____________________________ By:_________________________________
KAREN GOH DENISE DAVIS
Mayor COO
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
CITY MANAGER’S OFFICE VIRGINIA GENNARO
City Attorney
By:____________________________ By:____________________________
CHRISTIAN CLEGG VIRGINIA GENNARO
City Manager City Attorney
Insurance:____________
COUNTERSIGNED:
By:____________________________
RANDY MCKEEGAN
Finance Director
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ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?
INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :
POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #
COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
11/25/2024
25895Wendale Davis Foundation (Nonprofit Corporation)PO Box 11073Bakersfield, CA 9338929424 A 1,000,000XNPP1605381C8/6/20248/6/2025100,0005,0001,000,0002,000,000IncludedPROF ERRORS AND2,000,0001,000,000A NPP1605381C8/6/20248/6/2025 B X76WEGAZ7TUM8/25/20248/25/20251,000,0001,000,0001,000,000 CITY OF BAKERSFIELD, TTP Tournaments ITS MAYOR, COUNCIL, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSURED UNDERGENERAL LIABILITY PER ATTACHED FORM #391-1006 08 16, WITH PRIMARY WORDING PER ATTACHED FORM #391-1006 08 16.WAIVER OF SUBROGATION FOR GENERAL LIABILITY APPLIES PER ATTACHED FORM #391-1006 08 16. WAIVER OF SUBROGATION FOR WORKERSCOMPENSATION PER APPLIES PER ATTACHED FORM #WC 04 03 06.ANY ENDORSEMENTS ATTACHED AND/OR DESCRIBED HEREIN APPLY WITH RESPECTS TO THE OPERATIONS OF THE NAMED INSURED ASREQUIRED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS; SUBJECT TO STATUTE AND POLICY PROVISIONS.
City of BakersfieldOffice of Risk Management1600 Truxtun AveBakersfield, CA 93301 WENDDAV-02SJENKINS
AP Intego Insurance Group, LLC1601 Trapelo Rd Suite 280Waltham, MA [email protected] States Liability Insurance GroupHartford Casualty Insurance Company X
X XXX X
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