HomeMy WebLinkAboutAgreement A-23-099 Amendment to Agreement with Del Rey CSD.pdf Agreement No. 23-099
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 Del Rey Community Services District, a special district in the
5 County of Fresno formed under Division 3 of Title 6 of the California Government Code, with a district
6 office at 10649 Morro Avenue, Del Rey, CA 93616 ("Subrecipient"), and the County of Fresno, a political
7 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 2021
10 ("ARPA") which established the Coronavirus State and Local Fiscal Recovery Funds ("SLFRF")
11 Program.
12 B. The ARPA authorizes the County to expend SLFRF awarded to the County for certain eligible
13 purposes, including to make necessary investments in water and sewer infrastructure.
14 C. On September 6, 2022, the County and the Subrecipient entered into a subrecipient agreement,
15 which is County agreement number 22-407 ("Agreement"), to fund the design, surveying and
16 engineering, environmental review, and construction of the Carmel Avenue Basin, Del Rey Avenue
17 Basin, canal turn outs and conveyance facilities to divert surface water from nearby canals into the
18 Subrecipient's two recharge basins (Program). This will help the Subrecipient comply with SGMA and
19 annually recharge 193 acre-feet of water back into the aquifer, ensure that Subrecipient avoids an
20 overdraft scenario, and achieve its long-term goal for groundwater sustainability.
21 D. The Subrecipient represents that since the Agreement was executed, there have been
22 unprecedented increases in material cost, supply-chain disruptions, and an increasingly tight labor
23 market that have increased the costs for the Subrecipient to implement the Program.
24 E. The County and the Subrecipient now desire to amend the Agreement to increase maximum
25 compensation to the Program to cover its increased costs of the Program.
26 F. The Agreement also contains a typographical error, referring to the Subrecipient as "Del Rey
27 Community Service District," when the Subrecipient's name is "Del Rey Community Services District,"
28 and the Parties would like to correct that mistake in the Agreement.
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1 G. The parties therefore agree as follows:
2 1. All references to "Del Rey Community Service District" in the Agreement shall be amended to
3 instead refer to "Del Rey Community Services District."
4 2. All references to "Exhibit B" in the Agreement shall be amended to refer to "Revised Exhibit B."
5 Revised Exhibit B is attached to this Amendment No. 1, and incorporated by this reference.
6 3. All references to "Exhibit U in the Agreement shall be amended to refer to "Revised Exhibit C."
7 Revised Exhibit C is attached to this Amendment No. 1, and incorporated by this reference.
8 4. Section 13, Grant Funding/Compensation of the Agreement, located on page 15, line 12 through
9 page 17, line 14, is deleted in its entirety and replaced with the following:
10 11A. The parties understand that funding for this Agreement is SLFRF provided
11 pursuant to ARPA, codified at Title 31 CFR Part 35, and any amendments thereafter.
12 County agrees to grant Subrecipient, and Subrecipient agrees to receive such grants, up
13 to the total SLFRF grant, in an amount not to exceed six hundred thousand dollars
14 ($600,000).
15 It is expressly agreed and understood that the total amount of SLFRF to be
16 granted by County to Subrecipient for the Program shall not exceed six hundred
17 thousand dollars ($600,000), to fund the design, surveying and engineering,
18 environmental review, and construction of the Carmel Avenue Basin, Del Rey Avenue
19 Basin, canal turn outs and conveyance facilities to divert surface water from nearby
20 canals into the Subrecipient's recharge basins, which is an eligible use under the
21 CWSRF and under the Final Rule. Subrecipient shall submit written drawdown requests
22 for the payment of eligible necessary expenses in support of the Program. Drawdown
23 requests for the County to make such payments shall be in accordance with the sample
24 Drawdown Request Form, attached as Revised Exhibit B and incorporated by this
25 reference. Drawdown requests shall include copies of purchase orders, receipts, and
26 reimbursement requests, detailing items purchased, and expenses incurred or
27 anticipated to be incurred in support of the Program for eligible items listed in Table 1-1 of
28 Revised Exhibit B of this Agreement.
2
1 In the first thirty (30) days following September 6, 2022, Subrecipient may make
2 drawdown requests to the County to cover eligible expenditures in support of the
3 Program. After appropriate review and inspection of the Subrecipient's drawdown
4 request, the County shall make the payment available to Subrecipient in a timely manner.
5 Subrecipient may make subsequent drawdown requests to the County on a 90-day basis
6 for eligible expenditures to be funded with the remaining balance of the Program's budget
7 in accordance with this Agreement.
8 Subrecipient must work to minimize the time between the request from the County
9 and the disbursement of funds to meet the Program needs. Upon receipt of purchase or
10 work orders acceptable to the County, County shall grant SLFRF to Subrecipient.
11 Subrecipient is responsible for monitoring the Program's cash flow needs and submitting
12 drawdown requests to County in a timely manner to assure adequate coverage of
13 Program needs. It is understood that all expenses incidental to Subrecipient's
14 performance of services in carrying out its Program under this Agreement shall be borne
15 by Subrecipient.
16 Subrecipient shall submit documentation to the County of Fresno, County
17 Administrative Office located at 2281 Tulare, Room 304, Fresno, CA 93721, or
18 electronically, to e-mail address -esnocao(a)fresnocountyca.gov. Payment by County
19 shall be in arrears for services provided during the preceding period of time, within forty-
20 five (45) days from date of receipt, verification, and approval of Subrecipient's invoice and
21 supporting documentation by County. If Subrecipient fails to comply with any provision of
22 this Agreement, County shall be relieved of its obligations for further compensation.
23 B. To ensure compliance with Federal and State regulations, County may require
24 additional supporting documentation or clarification of claimed expenses as follows:
25 i. County staff shall notify Subrecipient to obtain necessary additional
26 documentation or clarification.
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1 ii. Subrecipient shall respond within five (5) business days with required
2 additional documentation or clarification to avoid disallowances/partial payment of
3 invoice.
4 iii. All invoices containing expenses that need additional documentation or
5 clarification not provided to County within five (5) business days of request shall have
6 those expenses disallowed, and only the allowed expenses shall be paid.
7 iv. Subrecipient may resubmit disallowed expenses as a supplemental
8 invoice only and must be accompanied by required documentation.
9 C. All expenses incidental to Subrecipient's performance of services in carrying
10 out its Program under this Agreement shall be borne by Subrecipient. Except as
11 expressly provided in this Agreement, Subrecipient shall not be entitled to, nor receive
12 from County, any additional consideration, compensation, salary, wages, or other type of
13 remuneration for services under this Agreement. County shall not withhold any Federal or
14 State income taxes or Social Security tax from any payments made by County to
15 Subrecipient under the terms and conditions of this Agreement. Payment of all taxes and
16 assessments on such sums is the sole responsibility of Subrecipient. County has no
17 responsibility or liability for payment of Subrecipient's taxes or assessments."
18 5. When both parties have signed this Amendment No. 1, the Agreement and this Amendment No.
19 1 together constitute the Agreement.
20 6. The Subrecipient represents and warrants to the County that:
21 a. The Subrecipient is duly authorized and empowered to sign and perform its obligations under
22 this Amendment No. 1.
23 b. The individual signing this Amendment No. 1 on behalf of the Subrecipient is duly authorized
24 to do so and his or her signature on this Amendment No. 1 legally binds the Subrecipient to
25 the terms of this Amendment No. 1.
26 7. The parties agree that this Amendment No. 1 may be executed by electronic signature as
27 provided in this section.
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1 a. An "electronic signature" means any symbol or process intended by an individual signing this
2 Amendment No. 1 to represent their signature, including but not limited to (1) a digital
3 signature; (2) a faxed version of an original handwritten signature; or (3) an electronically
4 scanned and transmitted (for example by PDF document) version of an original handwritten
5 signature.
6 b. Each electronic signature affixed or attached to this Amendment No. 1 is deemed equivalent
7 to a valid original handwritten signature of the person signing this Amendment No. 1 for all
8 purposes, including but not limited to evidentiary proof in any administrative or judicial
9 proceeding, and (2) has the same force and effect as the valid original handwritten signature
10 of that person.
11 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
12 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title
13 2.5, beginning with section 1633.1).
14 d. Each party using a digital signature represents that it has undertaken and satisfied the
15 requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5),
16 and agrees that each other party may rely upon that representation.
17 e. This Amendment No. 1 is not conditioned upon the parties conducting the transactions under
18 it by electronic means and either party may sign this Amendment No. 1 with an original
19 handwritten signature.
20 8. This Amendment No. 1 may be signed in counterparts, each of which is an original, and all of
21 which together constitute this Amendment No. 1.
22 9. The Agreement as amended by this Amendment No. 1 is ratified and continued. All provisions of
23 the Agreement and not amended by this Amendment No. 1 remain in full force and effect.
24 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory clause.
2 —
DEL RErCUNITY SERVICES COUNTY OF FRESNO
3 DISTRIC
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5 SaljO uin e C irman of the Board of
Carlos Arias, Dist c anager Sup ' or e County of Fresno
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P.O. Box 186 Attest:
7 Del Rey, CA 9361 Bernice E. Seidel -
Clerk of the Board of Supervisors
8 County of Fresno, State of California
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By:_
10 Deputy
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11 For accounting use only:
12 Org: 1033
Fund: 0026
13 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 expenses to
4 complete the Program. In the first thirty (30) days following September 6, 2022, Subrecipient may make
5 a drawdown request to the County to cover eligible expenditures in support of the Program. Drawdown
6 requests to the County shall be accompanied by a written certification from the Subrecipient that the
7 drawdown request for payment is consistent with the amount of work scheduled to be performed or
8 materials to be purchased with the amount of funding being requested from the County. Subrecipient
9 may make additional subsequent drawdown requests to the County on a quarterly basis (every 90 days)
10 for eligible expenditures to be funded with the remaining balance of the Program's budget. Drawdown
11 requests shall detail purchase orders, receipts, and reimbursement requests, detailing items purchased,
12 and expenses incurred or anticipated to be incurred in support of the Program for items listed in Table 1-
13 1 of this Agreement.
14
15 Table 1-1, Expenditure Plan
16 Item Description Cost
17 Carmel Ave Basin
18 Canal Turnouts $50,000
Conveyance Facilities $120,000
19 Del Rey Avenue Basin
20 Canal Turnouts $80,000
21 Conveyance Facilities $130,000
Road Crossing $60,000
22
Subtotal $440,000
23 Contingency $70,000
24 Surveying, Design, Engineering and Environmental $90,000
25 Total Project Cost $600,000
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B-1
1 Revised Exhibit B
2 Drawdown Request Form
3 Date:
4
County of Fresno
5 ARPA- SLFRF Coordinator
2281 Tulare Street, Room 304
6 Fresno, CA 93721
7 Subject: Drawdown Request for
8 Subrecipient Program Subrecipient Name
9 In accordance with the executed Agreement for the above-referenced Program, the
10 [SUBRECIPIENT NAME] is requesting drawdown payment of$ 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
8 Total Award: $600,000 Remaining Balance:
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10 EXPENDITURES
11 Category
Expenditures Obligations Period Period
12 to . . Obligations
13 5 Infrastructure
14 5.18 Water and Sewer: Other,
Groundwater Protection
and Restoration: Aquifer
15 Recharge Projects.
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17 TOTAL
PROJECT STATUS
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Describe program achievements and upcoming milestones:
19
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21 uarterly Status Report, select one.
22 Not started
completed less than 50 percent
23 completed more than 50 percent
Completed
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25 AUTHORIZED SIGNATURE
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28 Prepared by: (print name) Date
C-1