HomeMy WebLinkAboutAgreement A-22-317 w_ Malaga County Water District.pdf 22-0596
Agreement No. 22-317
1 AMENDMENT ITO AGREEMENT
2 THIS AMENDMENT I TO AGREEMENT, ("Amendment I"), is made this 12th day of
3 July , 2022 ("Effective Date"), by and between the COUNTY OF FRESNO, a political
4 subdivision of the State of California ("County"), and the MALAGA COUNTY WATER DISTRICT,
5 a special district in the County of Fresno formed under Part 2 of Division 12 of the California Water
6 Code, with a district office located at 3580 South Frank Street, Fresno, CA 93725 ("District").
7 WITNESSETH
8 WHEREAS, the County has been designated as the sponsoring agency to administer and
9 implement the Community Development Block Grant (CDBG) Program activities of the County,
10 and its participating cities, in accordance with the provisions of Title I of the Housing and
11 Community Development Act of 1974, as amended, and the laws of the State of California; and
12 WHEREAS, on April 14, 2020, the County and the City entered into Agreement 20-143,
13 ("Agreement"), whereby $250,000 in CDBG funds were made available to the City for the Malaga
14 Fire Hydrant Improvements, Project No. 19451 ("Project"), while the District would provide local
15 funds in the amount of $106,000; and
16 WHERAS, on October 29, 2021, the Director approved an extension to the close out date
17 of the project to December 1, 2022, per the terms of Section VI I, Paragraph D; and
18 WHEREAS, the District informed the County that the total estimated cost of the Project has
19 increased from $356,000 to $556,000 due to increased construction costs; and
20 WHEREAS, the County now has an additional $200,000 of CDBG funds that can be made
21 available to the Project to accommodate the increased construction costs; and
22 WHEREAS, the District has requested these additional CDBG funds in the amount of
23 $200,000 be made available to the Project.
24 NOW THEREFORE, in consideration of their mutual promises as hereinafter set forth, the
25 District and the County agree to amend the Agreement as follows:
26 1. Page 1, Lines 15-17, is amended to read:
27 "WHEREAS, the District has estimated that the total cost of the Project is $556,000, and
28 the District has committed local funds to the Project in the amount of$106,000, and has requested
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1 the sum of$450,000 from the County's allocation of CDBG funds to complete the Project; and"
2 2. The budget for the Project on Page 2, Lines 20-22, is amended to read:
3 " Construction $450,104
Design & Construction Engineering 68,000
4 Contingency, Permits & Misc. 37,896
Total $556,000"
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6 3. The proposed funding summary for the Project on Page 3, Lines 1 and 2, is
7 amended to read:
8 "CDBG $450,000
Local Financial Contribution $106,000
9 Total $556,000"
10 4. That the dollar figure set forth on Page 2, Line 25, Page 3, Line 15, and Page 4,
11 Line 21, of the Agreement, is amended to read "$450,000".
12 County and District agree that this Amendment I is sufficient to amend the
13 Agreement, and that upon execution of this Amendment I, the Agreement and this Amendment 1
14 together shall be considered the Agreement.
15 The Agreement, as hereby amended, is ratified and continued. All remaining provisions,
16 terms, covenants, conditions, and promises contained in the Agreement shall remain in full force
17 and effect.
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1 IN WITNESS WHEREOF, the parties have executed this Amendment I as of the day and
2 year first hereinabove written.
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MALAGA COUNTY WATER DISTRICT COUNTY OF FRESNO
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6 4LBy: �1..
7 President/Su rintendent/ Brian Pacheco, Chairman of the
8 Chairman/Manager Board of Supervisors of the
County of Fresno
9 Date: / 2022_ Date: —/a —a as a-
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11 ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
12 County of Fresno, State of California
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1 By.
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Deputy
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20 REMIT TO:
FUND NO: 0001
21 SUBCLASS NO: 10000 Malaga County Water District
ORG NO: 7205 Attention: Moises Ortiz, District Manager
22 ACCOUNT NO: 7885 3580 S. Frank Street
PROJECT NO: N19451 Fresno, CA 93725
23 ACTIVITY CODE: 7219 Telephone: (559) 485-7353
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SW:JA: G:\7205ComDev\-Agendas-AgreementsX2022%0712_Malaga Fire Hydrant Imps CDBG 19451 Amend t_AGT.dou May 24.2022
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