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HomeMy WebLinkAboutAmendment 1 of A-21-551.pdf 22-1084 Agreement No. 23-063 1 AMENDMENT I TO AGREEMENT 2 THIS AMENDMENT I TO AGREEMENT, ("Amendment I"), is made this 7th day of 3 February 2023 ("Effective Date"), by and between the COUNTY OF FRESNO, a political 4 subdivision of the State of California ("County"), and the CITY OF MENDOTA ("City"). 5 WITNESSETH 6 WHEREAS, the County has been designated as the sponsoring agency to administer and 7 implement the Community Development Block Grant (CDBG) Program activities of the County, 8 and its participating cities, in accordance with the provisions of Title I of the Housing and 9 Community Development Act of 1974, as amended, and the laws of the State of California; and 10 WHEREAS, the County has received funds to administer and implement the program for 11 the Community Development Block Grant Coronavirus Response ("CDBG-CV") Program activities 12 of the County, and its participating cities, in accordance with the provisions of Title I of the Housing 13 and Community Development Act of 1974, as amended ("HCD Act"; see also Public Law 93-383), 14 the Coronavirus Aid, Relief, and Economic Security Act, ("CARES Act"); and the laws of the State 15 of California; and 16 WHEREAS, on December 14, 2021, the County and the City entered into Agreement 21- 17 551 ("Agreement"), whereby $575,222 in CDBG funds were made available to the City for the 18 Mendota Rojas Pierce Park, Project No. 20471 ("Project"); and 19 WHEREAS, the County has determined that the Project will prevent, prepare for, and 20 respond to the coronavirus ("COVID-19") and other infectious diseases by providing improved 21 outdoor recreational opportunities; and 22 WHEREAS, the City now has an additional $43,831.00 from its allocation of CDBG funds 23 that may be made available to the Project for the purposes of this Agreement; and 24 WHEREAS, the City now has $129,196.32 from its allocation of CDBG-CV funds that may 25 be made available to the Project for the purposes of this Agreement; and 26 WHEREAS, the City has requested these additional CDBG funds in the amount of 27 $43,831.00 and CDBG-CV funds in the amount of $129,196.32 be made available to the Project 28 for the purposes of this Agreement. 1 1 NOW THEREFORE, in consideration of their mutual promises as hereinafter set forth, the 2 City and the County agree to amend the Agreement as follows: 3 1. Page 1, Lines 14-19, is amended to read: 4 "WHEREAS, the City has estimated that total cost of the Project is $1,356,073, and the 5 City has committed local funds to the Project in the amount of $607,823.68, and is in need of 6 $619,053.00 in CDBG funding and $129,196.32 in CDBG-CV funding to complete the Project; and 7 WHEREAS, the County can provide $748,249.32 in CDBG and CDBG-CV funds needed 8 for the Project from the City's 2020-2021 CDBG allocation ($171,733.00), from the City's 2021- 9 2022 CDBG allocation ($368,260.00), from the City's 2022-2023 CDBG allocation ($449.00), from 10 the City's CDBG-CV allocation ($129,196.32), and from the City's remaining balance of CDBG 11 funds ($78,611.00)"; and 12 2. The proposed Project budget on Page 2, Lines 19 through 21, is amended to read: 13 "Construction $ 995,000.00 Design & Construction Engineering $ 196,400.00 14 Contingency, Permits & Misc. $ 164,673.00 Total $1,356,073.00" 15 16 3. The proposed funding summary for the Project on Page 2, Lines 27 and 28, is 17 amended to read: 18 "CDBG $ 619,053.00 CDBG-CV $ 129,196.32 19 Local Financial Contribution $ 607,823.68 20 Total $1,356,073.00" 21 4. That the dollar figure set forth on Page 2, Line 24; Page 3, Line 12; and Page 4, 22 Line 16, is amended in each such place to read "$748,249.32". 23 County and City agree that this Amendment I is sufficient to amend the Agreement, and 24 that upon execution of this Amendment I, the Agreement and this Amendment I together shall be 25 considered the Agreement. 26 The Agreement, as hereby amended, is ratified and continued. All remaining provisions, 27 terms, covenants, conditions, and promises contained in the Agreement shall remain in full force 28 and effect. 2 1 IN WITNESS WHEREOF, the parties have executed this Amendment I as of the day and 2 year first hereinabove written. 3 4 CITY OF MENDOTA COUNTY OF FRESNO 5 6 BY: BY: ,\ City Manager Sal Quintero, Chairman of the 7 Boardof-Supervisors of the 8 County of Fresno 9 Date: ( Q,m l �� Date: o2 7-—023 10 ATTEST: ATTEST: Bernice E. Seidel 11 ``��o Clerk of the Board of Supervisors -IN_1 12 ,,�;�p�p�Rq�`,0r� County of Fresno, State of California s 13 BY: a = BY: �P�LcU City Jerk, City of M nd = �� 14 ` 15 ''C�`,F 0 APPROVED AS TO LEGAL FOI�IU1°j��� 16 17 ' BY: 18 City Aotney 19 20 REMIT TO: 21 FUND NO: 0001 22 SUBCLASS NO: 10000 City of Mendota ORG NO: 7205 Attn: Cristian Gonzales, City Manager 23 ACCOUNT NO: 7885 643 Quince Street PROJECT NO: N20471, CV19471 Mendota, CA 93640 24 ACTIVITY CODE: 7219, 7307 Telephone: (559) 655-4298 25 26 27 SW:JA. G:\7205ComDev\-Agendas-AgreementsX2023\0118 Amend I to Mendota Rojas Pierce Park 20741 AGT.docx November 9,2022 28 3