HomeMy WebLinkAboutAgreement A-23-098 Amendment to Agreement with Biola CSD.pdf Agreement No. 23-098
1 CORONAVIRUS STATE LOCAL FISCAL RECOVERY FUNDS
2 AMENDMENT NO. 1 TO SUBRECIPIENT AGREEMENT
3 This Amendment No. 1 to Subrecipient Agreement ("Amendment No. 1") is dated
4 March 14, 2023 and is between Biola Community Services District, a special district in
5 the County of Fresno formed under Division 3 of Title 6 of the California Government Code, with
6 an office at 4925 N. Seventh St., Biola, CA 93606 ("Subrecipient"), and the County of Fresno, a
7 political subdivision of the State of California ("County").
8 Recitals
9 A. On March 11, 2021, the President signed into law the American Rescue Plan Act of
10 2021 ("ARPA") which established the Coronavirus State and Local Fiscal Recovery Funds
11 ("SLFRF") Program.
12 B. The ARPA authorizes the County to expend SLFRF awarded to the County for certain
13 eligible purposes, outlined in the Interim Final Rule and Final Rule, including to make necessary
14 investments in water and sewer infrastructure.
15 C. On August 23, 2022, the County and the Subrecipient entered into a subrecipient
16 agreement, County agreement number 22-371 ("Agreement"), to fund the design, surveying,
17 engineering, environmental review, and construction to install storm drain pipelines and inlets
18 along D Street, West F Avenue, and North Biola Avenue ("Program"), which is a necessary
19 infrastructure investment that will address stormwater drainage issues in areas that are prone to
20 flooding, as well as help the Subrecipient manage, recapture, and recharge storm water back
21 into the aquifer in support of meeting state and local groundwater charge mandates and
22 achieving long-term groundwater sustainability goals.
23 D. The Subrecipient represents that since the Agreement was executed, there have been
24 unprecedented increases in material costs, supply-chain disruptions, and an increasingly tight
25 labor market has increased the cost for the Subrecipient to implement the Program.
26 E. The County and the Subrecipient now desire to amend the Agreement to increase the
27 maximum compensation to the Program to cover the increased costs of the Program.
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1 F. The Agreement also contains a typographical error, referring to the Subrecipient as
2 "Biola Community Service District," when the Subrecipient's name is "Biota Community Services
3 District," and the Parties would like to correct that mistake in the Agreement.
4 G. The parties therefore agree as follows:
5 1. All references to "Biota Community Service District" in the Agreement shall be amended
6 to instead refer to "Biota Community Services District."
7 2. All references to "Exhibit B" in the Agreement shall be amended to refer to "Revised
8 Exhibit B." Revised Exhibit B is attached to this Amendment No. 1 and incorporated by this
9 reference.
10 3. All references to "Exhibit C" in the Agreement shall be amended to refer to "Revised
11 Exhibit C." Revised Exhibit C is attached to this Amendment No. 1, and incorporated by this
12 reference.
13 4. Section 13, Grant Funding/Compensation of the Agreement, located on page 15, line 6
14 through page 17, line 9, is deleted in its entirety, and replaced with the following:
15 11A. The parties understand that funding for this Agreement is SLFRF
16 provided pursuant to ARPA, codified at Title 31 CFR Part 35, and any
17 amendments thereafter. County agrees to grant Subrecipient, and Subrecipient
18 agrees to receive such grants, up to the total SLFRF grant, in an amount not to
19 exceed nine hundred fifty-five thousand dollars ($955,000).
20 It is expressly agreed and understood that the total amount of SLFRF to
21 be granted by County to Subrecipient for the Program shall not exceed nine
22 hundred fifty-five thousand dollars ($955,000), to fund the design, surveying and
23 engineering, environmental review, and construction to install storm drain
24 pipelines and inlets along D Street, Fifth Street, West F Avenue, and North Biola
25 Avenue, which is a necessary infrastructure investment, and will address
26 stormwater drainage issues in areas that are prone to flooding in the Community
27 of Biola, which is an eligible use under the Final Rule. Subrecipient shall submit
28 written drawdown requests for the payment of eligible necessary expenses in
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1 support of the Program. Drawdown requests for the County to make such
2 payments shall be in accordance with the sample Drawdown Request Form,
3 attached as Revised Exhibit B and incorporated by this reference. Drawdown
4 requests shall include copies of purchase orders, receipts, and reimbursement
5 requests, detailing items purchased, and expenses incurred or anticipated to be
6 incurred in support of the Program for eligible items listed in Table 1-1 of Revised
7 Exhibit B of this Agreement.
8 In the first thirty (30) days following August 23, 2022, Subrecipient may
9 make drawdown requests to the County to cover eligible expenditures in support
10 of the Program. After appropriate review and inspection of the Subrecipient's
11 drawdown request, the County shall make payments available to Subrecipient in
12 a timely manner. After the first drawdown request, Subrecipient may make
13 subsequent drawdown requests to the County on a 90-day basis for eligible
14 expenditures to be funded with the remaining balance of the Program's budget in
15 accordance with this Agreement.
16 Subrecipient must work to minimize the time between the request from
17 the County and the disbursement of funds to meet the Program needs. Upon
18 receipt of purchase or work orders acceptable to the County, County shall grant
19 SLFRF to Subrecipient. Subrecipient is responsible for monitoring the Program's
20 cash flow needs and submitting drawdown requests to County in a timely manner
21 to assure adequate coverage of Program needs. It is understood that all
22 expenses incidental to Subrecipient's performance of services in carrying out its
23 Program under this Agreement shall be borne by Subrecipient.
24 Subrecipient shall submit documentation to the County of Fresno, County
25 Administrative Office located at 2281 Tulare, Room 304, Fresno, CA 93721, or
26 electronically, to e-mail address .esnocao(a)fresnocountyca.gov. Payment by
27 County shall be in arrears for services provided during the preceding period of
28 time, within forty-five (45) days from date of receipt, verification, and approval of
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1 Subrecipient's invoice and supporting documentation by County. If Subrecipient
2 fails to comply with any provision of this Agreement, County shall be relieved of
3 its obligations for further compensation.
4 B. To ensure compliance with Federal and State regulations, County may
5 require additional supporting documentation or clarification of claimed expenses
6 as follows:
7 i. County staff shall notify Subrecipient to obtain necessary
8 additional documentation or clarification.
9 ii. Subrecipient shall respond within five (5) business days with
10 required additional documentation or clarification to avoid disallowances/partial
11 payment of invoice.
12 iii. All invoices containing expenses that need additional
13 documentation or clarification not provided to County within five (5) business
14 days of request shall have those expenses disallowed, and only the allowed
15 expenses shall be paid.
16 iv. Subrecipient may resubmit disallowed expenses as a
17 supplemental invoice only and must be accompanied by required documentation.
18 C. All expenses incidental to Subrecipient's performance of services in
19 carrying out its Program under this Agreement shall be borne by Subrecipient.
20 Except as expressly provided in this Agreement, Subrecipient shall not be
21 entitled to, nor receive from County, any additional consideration, compensation,
22 salary, wages, or other type of remuneration for services under this Agreement.
23 County shall not withhold any Federal or State income taxes or Social Security
24 tax from any payments made by County to Subrecipient under the terms and
25 conditions of this Agreement. Payment of all taxes and assessments on such
26 sums is the sole responsibility of Subrecipient. County has no responsibility or
27 liability for payment of Subrecipient's taxes or assessments."
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1 5. When both parties have signed this Amendment No. 1, the Agreement and this
2 Amendment No. 1 together constitute the Agreement.
3 6. The Subrecipient represents and warrants to the County that:
4 a. The Subrecipient is duly authorized and empowered to sign and perform its
5 obligations under this Amendment No. 1.
6 b. The individual signing this Amendment No. 1 on behalf of the Subrecipient is duly
7 authorized to do so and his or her signature on this Amendment No. 1 legally binds
8 the Subrecipient to the terms of this Amendment No. 1.
9 7. The parties agree that this Amendment No. 1 may be executed by electronic signature
10 as provided in this section.
11 a. An "electronic signature" means any symbol or process intended by an individual
12 signing this Amendment No. 1 to represent their signature, including but not limited
13 to (1) a digital signature; (2) a faxed version of an original handwritten signature; or
14 (3) an electronically scanned and transmitted (for example by PDF document)
15 version of an original handwritten signature.
16 b. Each electronic signature affixed or attached to this Amendment No. 1 is deemed
17 equivalent to a valid original handwritten signature of the person signing this
18 Amendment No. 1 for all purposes, including but not limited to evidentiary proof in
19 any administrative or judicial proceeding, and (2) has the same force and effect as
20 the valid original handwritten signature of that person.
21 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
22 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
23 2, Title 2.5, beginning with section 1633.1).
24 d. Each party using a digital signature represents that it has undertaken and satisfied
25 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
26 through (5), and agrees that each other party may rely upon that representation.
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1 e. This Amendment No. 1 is not conditioned upon the parties conducting the
2 transactions under it by electronic means and either party may sign this Amendment
3 No. 1 with an original handwritten signature.
4 8. This Amendment No. 1 may be signed in counterparts, each of which is an original, and
5 all of which together constitute this Amendment No. 1.
6 9. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
7 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
8 effect.
9 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause.
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BIOLA COMMUNITY SERVICES DI TRICT COUNTY OF FRESNO
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6 Elaine ervantes, Interim General Manager Sa Qu(� ro, hairman of the Board of
7 P.O. Box 57
Su rvi� he County of Fresno
Biola, CA 93606 Attest:
8 Bernice E. Seidel
Clerk of the Board of Supervisors
9 County of Fresno, State of California
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By:
11 Deputy
12 For accounting use only:
13 Org: 1033
Fund: 0026
14 Subclass: 91021
Account: 7845
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1 Revised Exhibit B
2 Subrecipient Expenditure Plan
3 Subrecipient shall provide to County drawdown requests for payments for eligible
4 expenses to complete the Program. In the first thirty (30) days following August 23, 2022,
5 Subrecipient may make a drawdown request to the County to cover eligible expenditures in
6 support of the Program. Drawdown requests to the County shall be accompanied by a written
7 certification from the Subrecipient that the drawdown request for payment is consistent with the
8 amount of work scheduled to be performed or materials to be purchased with the amount of
9 funding being requested from the County. Subrecipient may make additional subsequent
10 drawdown requests to the County on a quarterly basis (every 90 days)for eligible expenditures
11 to be funded with the remaining balance of the Program's budget. Drawdown requests shall
12 detail purchase orders, receipts, and reimbursement requests, detailing items purchased, and
13 expenses incurred or anticipated to be incurred in support of the Program for items listed in
14 Table 1-1 of this Agreement.
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16 Table 1-1, Expenditure Plan
17 Item Description Quantity Unit Unit cost Total
D street 15" storm drain pipeline 250 LF $280 $70,000
18 Fifth Street 15"storm drain pipeline 350 LF $280 $98,000
19 West F Avenue 15"storm drain pipeline 600 LF $280 $168,000
N Biola Avenue 18"storm drain pipeline 500 LF $310 $155,000
20 Storm Inlets 11 EA $19,700 $216,700
Subtotal $707,700
21 Contingency 10% of Subtotal $70,700
Surveying, Design, Engineering and Environmental 25% of Subtotal $176,600
22 Total Project Cost $955,000
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B-1
1 Revised Exhibit B
2 Drawdown Request Form
3 Date:
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County of Fresno
5 ARPA- SLFRF Coordinator
2281 Tulare Street, Room 304
6 Fresno, CA 93721
7 Subject: Drawdown Request for
8 Subrecipient Program Subrecipient Name
9 In accordance with the executed Agreement for the above-referenced Program, the
10 [SUBRECIPIENT NAME] is requesting drawdown payment of$ in support of the
11 Program.
12 The [SUBRECIPIENT NAME] certifies that this request for payment is consistent with the
13 amount of work that has been completed to date, detailing items purchased, and expenses
14 incurred or anticipated to be incurred in support of the Program in accordance with the
15 Subrecipient Expenditure Plan (Revised Exhibit B, Table 1-1) documented in the executed
16 Agreement, and as evidenced by the enclosed invoices and supporting documents.
17 Payee Invoice #/ Contract# Amount
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22 Sincerely,
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24 [Subrecipient Officer]
25 [Subrecipient Name]
26 Enclosure(s)
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B-2
1 Revised Exhibit C
2 Subrecipient Quarterly Program Expenditure Report (Template)
3 PROGRAM
4 Identifying and demographic Agreement Number:
information (DUNS):
5 Name of Entity: Program Name:
6 Reporting Period Start Date: Reporting Period End Date:
7 Expenditure Category: 5 Infrastructure, Stormwater
8 Total Award: $955,000 Remaining Balance:
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10 EXPENDITURES
11 Category
Expenditures Obligations Period Period
12 to . . Obligations
13 5 Infrastructure
14 5.6 Clean Water: Stormwater
15 TOTAL
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17 Describe program achievements and upcoming milestones:
18 PROJECT STATUS
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20 uarterly Status Report, select one.
Not started
21 completed less than 50 percent
completed more than 50 percent
22 Completed
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24 AUTHORIZED SIGNATURE
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27 Prepared by: (print name) Date
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