HomeMy WebLinkAboutAgreement A-22-517 Amendment I to Agmnt A-22-236.pdf 22-0952 Agreement No. 22-517
1 AMENDMENT ITO AGREEMENT
2 THIS AMENDMENT I TO AGREEMENT, ("Amendment I"), is made this 8t" day of
3 November , 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 June 7, 2022, the County and the District entered into Agreement 22-236,
13 ("Agreement"), whereby $250,000 in CDBG funds were made available to the District for the
14 Malaga Wastewater Treatment Plant Nitrogen Reduction, Project No. 21451 ("Project"); and
15 WHEREAS, the District has submitted the Malaga Wastewater Treatment Plant Nitrogen
16 Reduction, Phase II ("Phase II"), for CDBG funding; and
17 WHEREAS, the District has estimated that the total cost of Phase II is $250,000, and the
18 District has requested the sum of$250,000 from the County's allocation of CDBG funds; and
19 WHEREAS, the County Board of Supervisors, at a public hearing conducted on June 21,
20 2022, approved as part of the County's 2022-2023 Action Plan, Phase II on the back-up list should
21 funding become available; and
22 WHEREAS, there are now sufficient CDBG funds available to fund the next project on the
23 back-up list, which is Phase ll; and
24 WHEREAS, the Project and Phase II have the same purpose and general scope, with
25 different specific components to each; and
26 WHEREAS, the County has determined that the most efficient way to complete both
27 projects is to combine Phase II with the Project;
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1 NOW THEREFORE, in consideration of their mutual promises as hereinafter set forth, the
2 District and the County agree to amend the Agreement as follows:
3 1. Page 1, Lines 17-18, is amended to read:
4 "WHEREAS, the District has estimated that the total cost of the Project is $500,000, and
5 the District has requested the sum of$500,000 from the County's allocation of CDBG funds; and"
6 2. The budget for the Project on Page 2, Lines 20-22, is amended to read:
7 " Construction $375,000
Design & Construction Engineering $ 75,000
8 Contingency, Permits & Misc. $ 50,000
Total $500,000"
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10 3. The proposed funding summary for the Project on Page 2, Line 28 and Page 3, Line
11 1, is amended to read:
12 "CDBG $500,000
Local Financial Contribution $ 0
13 Total $500,0001,
14 4. That the dollar figure set forth on Page 2, Line 25, Page 3, Line 13, and Page 4,
15 Line 19, of the Agreement, is amended to read "$500,000".
16 County and District agree that this Amendment I is sufficient to amend the
17 Agreement, and that upon execution of this Amendment 1, the Agreement and this Amendment 1
18 together shall be considered the Agreement. Upon execution of this Amendment 1, any reference
19 in the updated Agreement to the Project shall be construed to refer to both the Project and Phase
20 11.
21 The Agreement, as hereby amended, is ratified and continued. All remaining provisions,
22 terms, covenants, conditions, and promises contained in the Agreement shall remain in full force
23 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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BY: _ BY:
7 President/Superintendent/ Brian Pacheco, Chairman of the
8 Chairman/Manager Board of Supervisors of the
County of Fresno
9 Date: Date:
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ATTEST:
11 Bernice E. Seidel
12 Clerk of the Board of Supervisors
County of Fresno, State of California
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BY:
14 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: N21451 Fresno, CA 93725
23 ACTIVITY CODE: 7219 Telephone: (559) 485-7353
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SW JA G.\7205ComDev\-Agendas-Agreements\2022\1108_Malaga WWiP Nitrogen Reduction CDBG 21451 Amend 1_AGT.docx September 6,2022
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