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HomeMy WebLinkAboutAgreement A-20-042-2 with City of Fowler.pdf1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AMENDMENT II TO AGREEMENT THIS AMENDMENT II TO AGREEMENT, (“Amendment II”), is made this ____ day of ______________, 2021 (“Effective Date”), by and between the COUNTY OF FRESNO, a political subdivision of the State of California ("County"), and the CITY OF FOWLER ("City"). WITNESSETH WHEREAS, the County has been designated as the sponsoring agency to administer and implement the Community Development Block Grant (CDBG) Program activities of the County, and its participating cities, in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California; and WHEREAS, on January 21, 2020, the County and the City entered into Agreement 20-042, ("Agreement"), whereby $116,444 in CDBG funds were made available to the City for the Fowler Panzak Park ADA Restroom, Project No. 19231 ("Project"); and WHEREAS, on August 4, 2020, the County and the City entered into Amendment I to the Agreement (“Amendment I”), whereby an additional $47,614 in CDBG funds were made available to the City for the Project due to reduce local fund contribution under the Agreement; and WHEREAS, the City now has an additional $108,591 from its allocation of CDBG funds that may be made available to the Project to further reduce local fund contribution under the Agreement; and WHEREAS, the City has requested these additional CDBG funds in the amount of $108,591 be made available to the Project for the purposes of this Agreement. NOW THEREFORE, in consideration of their mutual promises as hereinafter set forth, the City and the County agree to amend the Agreement as follows: 1.Page 1, Lines 14-19, as amended by Amendment I, is further amended to read: “WHEREAS, the City has estimated that total cost of the Project is $304,240, and the City has committed local funds to the Project in the amount of $31,591, and is in need of $272,649 in CDBG funding to complete the Project; and WHEREAS, the County can provide $272,649 in CDBG funds needed for the Project from the City's 2019-2020 CDBG allocation ($116,444), from the City’s 2020-2021 CDBG allocation Agreement No. 20-042-2 24th August 21-0612 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ($47,614); from the City’s 2021-2022 CDBG allocation ($100,210), and from the City’s remaining balance of CDBG funds ($8,381)” 2. The proposed funding summary for the Project on Page 2, Lines 27 and 28, as amended by Amendment I, is further amended to read: "CDBG $272,649 Local Financial Contribution 31,591 Total $304,240" 3. That the dollar figure set forth on Page 2, Line 24, Page 3, Line 12, and Page 4, Line 16, of the Agreement, which was amended by Amendment I, is further amended to read "$272,649". County and City agree that this Amendment II is sufficient to further amend the Agreement, and that upon execution of this Amendment II, the Agreement, Amendment I, and this Amendment II together shall be considered the Agreement. The Agreement, as hereby amended, is ratified and continued. All remaining provisions, terms, covenants, conditions, and promises contained in the Agreement shall remain in full force and effect. /// /// /// /// /// /// /// /// /// /// /// /// /// 1 IN WITNESS WHEREOF, the parties have executed this Amendment II as of the day and 2 year first hereinabove written. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Date: 7/i I /2-I r, ATTEST: APPROVED AS TO LEGAL FORM: 17 ~Ir&-~ 18 City Attorney 19 20 21 FUND NO: 0001 22 SUBCLASS NO: 10000 ORGNO: 7205 23 ACCOUNT NO: 7885 PROJECT NO: N19231 24 ACTIVITY CODE: 7219 25 26 27 28 SWJA:. 3 Steve B · ndau, hairman of the Board of Supervisors of the County of Fresno Date: ~~\. JA cb;t.1 ATTEST: Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno, State of California REMIT TO: City of Fowler Attn : Wilma Quan. City Manager 128 South 5th Street Fowler, CA 93625 Telephone: (559) 834-3113