HomeMy WebLinkAboutAgreement A-23-100 Amendment to Agreement with Tranquillity PUD.pdf Agreement No. 23-100
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 Tranquillity Public Utility District, a special district in the County
5 of Fresno formed under Division 7 of the Public Utilities Code, with a mailing address of P.O. Box 622,
6 Tranquillity, CA 93668 ("Subrecipient"), and the County of Fresno, a political subdivision of the State of
7 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 August 9, 2022, the County and the Subrecipient entered into a subrecipient agreement,
15 which is County agreement number 22-338 ("Agreement"), to fund the design, surveying and
16 engineering, environmental review, and purchase of two new lift station pumps, and wet well coating to
17 rehabilitate the Lincoln Avenue Lift Station and repair the Silveria Street Lift Station, which are critical
18 components of the Subrecipient's wastewater treatment system, and make necessary investments in
19 sewer infrastructure to comply with the Central Valley Regional Water Quality Control Board's mandates
20 for wastewater treatment systems and to maintain adequate service levels, and improve the operation of
21 the wastewater treatment system that serves the Disadvantaged Community of Tranquillity, which
22 SUBRECIPIENT represents is an eligible use under CWSRF ("Program").
23 D. The Subrecipient represents that since the Agreement was executed, there have been
24 unprecedented increases in material cost, supply-chain disruptions, and an increasingly tight labor
25 market that have increased the costs for the Subrecipient to implement the Program.
26 E. The County and the Subrecipient now desire to amend the Agreement to increase maximum
27 compensation to the Program to cover the increased costs of the Program.
28 F. The parties therefore agree as follows:
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1 1. All references to "Exhibit B" in the Agreement shall be deemed references to "Revised Exhibit B."
2 Revised Exhibit B is attached to this Amendment No. 1 and incorporated by this reference.
3 2. All references to "Exhibit C" in the Agreement shall be amended to refer to "Revised Exhibit C."
4 Revised Exhibit C is attached to this Amendment No. 1, and incorporated by this reference.
5 3. Section 13, Grant Funding/Compensation of the Agreement, located on page 15, line 18 through
6 page 17, line 23, is deleted in its entirety and replaced with the following:
7 11A. The parties understand that funding for this Agreement is SLFRF provided
8 pursuant to ARPA, codified at Title 31 CFR Part 35, and any amendments thereafter.
9 County agrees to grant Subrecipient, and Subrecipient agrees to receive such grants, up
10 to the total SLFRF grant, in an amount not to exceed six-hundred seventy-five thousand
11 dollars ($675,000).
12 It is expressly agreed and understood that the total amount of SLFRF to be
13 granted by County to Subrecipient for the Program shall not exceed six-hundred seventy-
14 five thousand dollars ($675,000), to fund the design, surveying and engineering,
15 environmental review, and the purchase of two new lift station pumps, and wet well
16 coating to rehabilitate the Lincoln Avenue Lift Station and repair the Silveria Street Lift
17 Station, which are critical components of the Subrecipient's wastewater treatment
18 system, and are necessary to maintain adequate service levels, and would improve the
19 operation of the wastewater treatment system that serves the disadvantaged community
20 of Tranquillity, which is an eligible use under the CWSRF and under the Final Rule.
21 Subrecipient shall submit written drawdown requests for the payment of eligible
22 necessary expenses in support of the Program. Drawdown requests for the County to
23 make such payments shall be in accordance with the sample Drawdown Request Form,
24 attached as Revised Exhibit B and incorporated by this reference. Drawdown requests
25 shall include copies of purchase orders, receipts, and reimbursement requests, detailing
26 items purchased, and expenses incurred or anticipated to be incurred in support of the
27 Program for eligible items listed in Table 1-1 of Revised Exhibit B of this Agreement.
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1 In the first thirty (30) days following August 9, 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 payments available to Subrecipient in a timely manner.
5 After the first drawdown request, Subrecipient may make subsequent drawdown requests
6 to the County on a 60-day basis for eligible expenditures to be funded with the remaining
7 balance of the Program's budget 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 resnocao(cb_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 4. When both parties have signed this Amendment No. 1, the Agreement and this Amendment No.
19 1 together constitute the Agreement.
20 5. 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 6. 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 is not conditioned upon the parties conducting the transactions under it by
18 electronic means and either party may sign this Amendment with an original handwritten
19 signature.
20 7. 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 8. 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
TRANQUILLITY PUBLIC UTILITY DISTRICT COUNTY OF FRESNO
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5 Michael Pu heu, President Qu me airman of the Board of
S JNzgpA so f e County of Fresno
6 P.O. Box 622
Tranquillity, CA 93688 Attest:
7 Bernice E. Seidel
Clerk of the Board of Supervisors
8 County of Fresno, State of California
9
By: yhr
10 Deputy
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
4 expenses to complete the Program. In the first thirty (30) days following August 9, 2022,
5 Subrecipient may make a drawdown request to the County to cover eligible expenditures in
6 support of the Program. Drawdown requests shall be made on a 60-day basis thereafter. The
7 Program is anticipated to be completed in 12 to 18 months. Subrecipient shall use the
8 Drawdown Request Form to submit detailed drawdown requests for eligible expenses and
9 include purchase orders, receipts, and reimbursement requests, detailing items purchased, and
10 expenses incurred or anticipated to be incurred in support of the Program as represented in
11 Table 1-1, below.
12
13 Table 1-1, Expenditure Plan
14 Item Description Cost
15 Sewer Lift Station 1 (W. Lincoln Avenue)
16 Replacing pumps $100,000
17 Installing Emergency Generator $100,000
Installing Ultrasonic Level Sensors $25,000
18 Sewer Lift Station 2 (W. Silvera Street)
19 Wet well Coating $50,000
20 Replacing pumps $100,000
Installing Emergency Generator $100,000
21 Installing Ultrasonic Level Sensors $25,000
22 Subtotal- Construction $500,000
23 Contingency (10%) $50,000
24 Surveying, Design Engineering and Environmental (15%) $75,000
Construction Administration (10%) $50,000
25 Total Project Cost $675,000
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B-1
1 Revised Exhibit B
2 Drawdown Request Form
3 Date:
4
County of Fresno
5 ARPA- SLFRF Coordinator
2281 Tulare Street, Room 304
6 Fresno, CA 93721
7 Subject: Drawdown Request for
8 Subrecipient Program Subrecipient Name
9 In accordance with the executed Agreement for the above-referenced Program, the
10 [SUBRECIPIENT NAME] is requesting drawdown payment of$ 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, Stormwater
8 Total Award: $675,000 Remaining Balance:
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10 EXPENDITURES
11 Category
Expenditures Obligations Period Period
12 to date ($) to date ($) Expenditures Obligations
13 5 Infrastructure, Sewer
14 5.1 Clean Water: Centralized
Wastewater Treatment
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16 TOTAL
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Describe program achievements and upcoming milestones:
18 PROJECT STATUS
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20 uarterly Status Report, select one.
21 Not started
completed less than 50 percent
22 completed more than 50 percent
Completed
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24 AUTHORIZED SIGNATURE
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27 Prepared by: (print name) Date
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C-1