HomeMy WebLinkAboutAgreement A-23-543 with City of Sanger CDBG 22611.pdf 23-0884 Agreement No. 23-543
1 AGREEMENT
2 THIS AGREEMENT ("Agreement") is made this 10th day of October , 2023
3 ("Effective Date"), by and between the COUNTY OF FRESNO, a political subdivision of the State
4 of California ("County"), and the CITY OF SANGER ("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 for 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, CDBG funding has been made available to the County for housing and
11 community development activities; and
12 WHEREAS, the City has submitted the Sanger Cesar Chavez Park Improvements Project
13 No. 22611 ("Project"), to the County for CDBG funding; and
14 WHEREAS, the City has estimated that the total cost of the Project is $850,000, and the
15 City has committed local funds to the Project in the amount of$9,061, and is in need of$840,939
16 in CDBG funding to complete the Project; and
17 WHEREAS, the County can make available $840,939 in CDBG funds needed for the
18 Project from the City's 2022-2023 CDBG allocation ($559,055), from the City's 2023-2024 CDBG
19 allocation ($261,929), and from the City's other remaining CDBG funds ($19,955); and
20 WHEREAS, the Project is consistent with the objectives of the Fresno County Consolidated
21 Plan, including the 2022-2023 Annual Action Plan.
22 NOW THEREFORE, in consideration of their mutual promises as hereinafter set forth, the
23 City and County agree as follows:
24 I. PROJECT DESCRIPTION, LOCATION AND BUDGET
25 A. The Project involves installing approximately four new LED sports light
26 towers and associated electrical work within the already developed Cesar Chavez Park to allow
27 for nighttime use of the sports field. Existing light fixtures and electrical systems may be modified
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1 or replaced to provide better lighting, improve efficiency, or accommodate proposed
2 improvements. There will be no expansion to the size of Cesar Chavez Park.
3 B. The Project site is owned by the City.
4 C. The work to be funded with CDBG funds is as follows:
5 1. Obtain all necessary permits.
6 2. Perform all necessary design engineering, including, but not limited
7 to, surveying; testing; preparation of plans, specifications, and cost estimates, bid documents and
8 a cost or price analysis; review of bids and recommendation for award.
9 3. Prepare and advertise Project bid notices and award construction
10 contracts including, but not limited to, the printing of bid documents; publishing of notices; and
11 preparation of bid summary.
12 4. Perform all construction engineering including, but not limited to,
13 shop drawing review and approval; contract change order preparation; surveying; staking;
14 inspection; soil testing; materials testing; preparation of"as-built" drawings; labor compliance; and
15 contract administration.
16 5. Provide related eligible improvements.
17 D. The Project budget is estimated by the City as follows:
18 Construction $600,000
Design & Construction Engineering 145,000
19 Contingency, Permits & Misc. 105,000
Total $850,000
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21 E. Notwithstanding the City's estimates described in the above-described
22 Project budget, payments for the Project from CDBG funds shall be limited to the City's actual
23 costs expended by the City, and shall not exceed the total amount of$840,939.
24 F. The proposed funding for the Project shall be provided from the following
25 sources:
26 CDBG $840,939
Local Financial Contribution 9,061
27 Total $850,000
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1 G. Prior to any proposed changes that may occur which would modify the
2 scope of the Project, the City shall submit a written request to the County. The City shall send its
3 written request to:
4
Community Development Grants
5 County of Fresno
Department of Public Works and Planning
6 Community Development Division
2220 Tulare Street, 6th Floor
7 Fresno, CA 93721
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9 If the Director of the County Department of Public Works and Planning ("Director") determines the
10 modified Project is still eligible under the Federal CDBG regulations, the Director is authorized to
11 permit such modifications. The Director shall specify in a letter to the City that such modifications
12 to the scope of the Project are authorized, and if the City may proceed.
13 II. OBLIGATIONS OF THE COUNTY
14 A. The County shall reimburse the City up to, but not more than, $840,939 in
15 CDBG funds for the Project for the City's performance of its obligations under this Agreement. All
16 funds shall be paid to the City in accordance with Section V-A of this Agreement.
17 B. The County shall review, within thirty (30) calendar days of receipt from the
18 City, the engineer selection process description and summary of the analysis, as prepared by the
19 City, to verify that a competitive process was conducted in accordance with U.S. Department of
20 Housing and Urban Development (HUD) procurement standards. If such conditions have been
21 met, the Department of Public Works and Planning, Community Development Division (Division)
22 shall specify in a letter to the City that these conditions have been met, and that the engineering
23 contract can be awarded.
24 C. The County shall review, within thirty (30) calendar days of receipt from the
25 City, the design plans and specifications for the Project, as prepared by the City, for compliance
26 with Federal regulations, and the total Project cost estimate, to determine whether sufficient funds
27 are available to complete the Project. If such conditions have been met, the Division shall specify
28 in a letter to the City that these conditions have been met and that the Project can be advertised.
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1 If such conditions have not been met, the Project will not move forward unless the City receives
2 an approval letter from the Division.
3 D. The County shall also review, within twenty-one (21) calendar days of
4 receipt from the City, the name of the low bidder, and cost or price analysis of the low bid
5 proposal prepared by the City, to determine whether the contractor will be reasonably
6 compensated in accordance with Federal requirements, and to verify the contractor is bonded,
7 and has not been disbarred or suspended from participating in Federal projects. If such
8 conditions have been met, the Division shall specify in a letter to the City that these conditions
9 have been met, and that the contract can be awarded. If such conditions have not been met,
10 the Project will not move forward unless the City receives an approval letter from the Division.
11 E. The County shall attend the pre-construction meeting between the City and
12 the contractor to discuss labor compliance requirements for the Project, Project monitoring, and to
13 inform the City and contractor that the County will conduct field reviews to determine labor
14 compliance and other conditions of the construction contract are being met.
15 F. The County shall conduct periodic inspections of the Project, as may be
16 required, in the determination of the County, that the intended use and group of beneficiaries of
17 the Project, as identified by the City in the application, have not changed. Upon completion of the
18 Project, but prior to the City's acceptance of the Project, the County shall conduct a final inspection
19 of the Project. If such conditions have been met, the Division shall specify in a letter to the City
20 that the conditions of this Section have been met.
21 G. Notwithstanding anything to the contrary in this Section II or Section III of
22 this Agreement, the County's determinations and actions under this Section II and Section III of
23 this Agreement are solely for the benefit of the County, as the provider of the CDBG funding
24 stated herein, and do not relieve the City of its obligations, or lessen the City's obligations,
25 under this Agreement.
26 III. OBLIGATIONS OF THE CITY
27 A. The City shall provide any and all sums of money in excess of$9,061 which
28 may be necessary to complete the Project. For the purposes of awarding the construction of the
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1 Project within the Agreement amount, the bid documents should include any proposed additive or
2 deduct alternatives.
3 B. The City shall perform, or cause to be performed, all engineering work
4 required for the Project.
5 C. In selecting an engineer to perform any engineering work required for the
6 Project, the City shall go through a competitive process in accordance with Chapter 4.10 of the
7 Ordinance Code of Fresno County, and HUD procurement standards. Prior to selection of the
8 engineer, the City shall prepare a written description of the process, perform a cost or price
9 analysis, and submit the process description and summary of the analysis to the Division for
10 review. The City shall obtain a letter from the Division specifying that the conditions of this Section
11 have been met.
12 D. The City shall specify in agreements with its consultants that all engineering
13 work funded with CDBG funds shall become the property of the City upon payment by the City for
14 the cost of such engineering work.
15 E. The City shall furnish evidence to the County, to the satisfaction of the
16 Division, prior to the County's authorization to advertise for bids, that it has free and clear title to
17 all parcels of real property on which Project improvements will be located, with any liens or
18 encumbrances noted, and/or that it has obtained or can obtain all necessary easements, rights-of-
19 way, licenses, permits, and State and local approvals required for the completion of the Project.
20 F. Upon completion of the design engineering, the City shall submit the plans
21 and specifications to the Division. The Division will ensure Federal CDBG requirements have
22 been adhered to, and review cost estimates to ensure sufficient funds are available. The City
23 shall obtain a letter from the Division specifying these conditions have been met, and that the City
24 is approved to advertise for bids to construct the Project.
25 G. The City shall advertise for bids, and shall award the construction contract
26 to the lowest responsible bidder. At least ten (10) calendar days prior to the bid opening, the City
27 shall notify the County of the date, time, and location of the bid opening.
28 H. Within seven (7) calendar days following the bid opening, the City shall
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1 furnish the Division with the name of the low bidder, and cost or price analysis of the low bid
2 proposal prepared by the City, so that the County may verify with the Labor Relations and Equal
3 Opportunity Division of the HUD Area Office that the low bidder is bonded and has not been
4 debarred or suspended from participating in Federal projects, and that the contractor will be
5 reasonably compensated in accordance with Federal requirements. The City shall obtain a letter
6 from the Division specifying these conditions have been met, and that the City is approved to award
7 the Project for construction.
8 I. The City shall conduct a pre-construction meeting with the contractor, and
g shall notify the Division at least ten (10) calendar days prior to the meeting, so a representative of
10 the County may attend to discuss CDBG labor compliance requirements for the Project.
11 J. The City shall require the contractor, and all subcontractors, to submit
12 labor compliance documentation, including Certified Payroll, in the manner specified by the
13 County's Labor Compliance Officer, including the use of electronic systems such as
14 LCPtracker.
15 K. Prior to the construction start date, the City shall give written notice thereof,
16 to the Division, to include a copy of the executed contract between the City and the Contractor and
17 the Notice to Proceed.
18 L. All proposed construction contract change orders shall not proceed until
19 prior written approval has been given by the County. Request for approval of a change order(s)
20 shall include a narrative description of the work, a cost or price analysis in accordance with HUD
21 requirements, a map depicting the location of the work addressed with the requested change order,
22 and a written certification from the City that the approval of the change order is consistent with the
23 final construction cost estimate approved by the County. In addition, the City shall certify that the
24 change order is within the scope of the Project and is necessary to complete the Project.
25 M. The City shall send its written description of the engineer selection process,
26 cost or price analyses, design plans, specifications, name of low bidder and low bid proposal,
27 public notices, and all written correspondence to:
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Community Development Grants
1 County of Fresno
Department of Public Works and Planning
2 Community Development Division
2220 Tulare Street, 6th Floor
3 Fresno, CA 93721
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5 N. The City shall comply with the mitigation measures, conditions and notes
6 identified in Initial Study/Environmental Assessment No. CD22611 (the "Assessment"). A copy of
7 the Assessment shall be provided to the City.
8 O. Upon completion of the Project, the City shall notify the Division, so a
9 representative of that Division may perform an inspection of the Project to confirm that it was
10 completed in accordance with the scope of work approved and authorized pursuant to this
11 executed Agreement.
12 P. Upon approval of Project completion by the County, the City shall provide
13 the Division with a resolution of acceptance, or similar documentation, demonstrating that the
14 Project was completed in accordance with the scope of work approved and authorized pursuant
15 to this executed Agreement, and any approved subsequent amendments thereto and/or change
16 orders, and that the City has accepted the Project. Prior to the final request for payment, the City
17 shall also provide the County with a copy of the recorded Notice of Completion (NOC), a written
18 summary of all Project work completed with CDBG and other funds, and documentation to
19 demonstrate compliance with Section 3 of the Housing and Urban Development Act of 1968, as
20 amended.
21 Q. During the contract period, the City shall complete and submit annually each
22 June 1, and upon completion of the Project, a Project Outcome Measurement Report (POM)form,
23 a copy of which is attached hereto as Exhibit 1 and incorporated herein by reference. The POM
24 shall contain the following information for the County's Federal reporting purposes to the U.S.
25 Department of Housing and Urban Development (HUD):
26 1. Total number of households/persons assisted.
27 2. Number of total households/persons assisted that:
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1 a. Now have new access to this type of public facility or
2 infrastructure improvement.
3 b. Now have improved access to this type of public facility or
4 infrastructure improvement.
5 C. Now are served by a public facility or infrastructure that is no
6 longer substandard.
7 R. The City shall be responsible for maintenance of the Project after
8 construction is completed, and shall perform such maintenance from non-CDBG resources.
9 S. The City must inform the County in writing of any program income generated
10 by the expenditure of CDBG funds. Any program income generated as a result of the Project
11 must be paid to the County. For purposes of this Agreement, program income is defined as
12 proceeds from the disposition of CDBG-acquired real property, and principal and interest on CDBG
13 loans. If the City contributed financially to the improvement Project, the City may retain a share
14 of the program income in proportion to the City's contribution to the Project, after the City has
15 provided a written accounting acceptable to the County.
16 T. The City must obtain prior written approval from the County before making
17 any modification or change in the use of any real property improved, in whole or in part, using
18 CDBG funds in excess of $25,000. The City shall provide affected citizens with notice of, and
19 opportunity to comment on, any proposed change to the use of real property improved with CDBG
20 funds. If any real property improved with CDBG funds is sold and/or is utilized by the City for a
21 use which does not qualify under the CDBG Program, the City shall reimburse the County in an
22 amount equal to the current fair market value for the property, less any proportional share thereof
23 attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for
24 five (5) years after the Project is completed in HUD's Integrated Disbursement and Information
25 System (IDIS). In the event the CDBG program is closed out, the requirements of this Section
26 shall remain in effect for activities or property funded with CDBG funds, unless action is taken by
27 the Federal government to relieve the City of these obligations.
28 U. The City acknowledges that the County may periodically inspect the Project
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1 to ensure the property is being used as described in this Agreement. The City agrees to provide
2 any necessary information to the County to carry out such inspections. Furthermore, the City
3 agrees to take corrective action if the County determines that modifications to the use and location
4 of the Project have resulted in a violation of the Federal CDBG regulations.
5 IV. CONFORMANCE WITH APPLICABLE LAWS AND REGULATIONS
6 A. The City shall, and shall cause its consultants, contractors, and
7 subcontractors to, comply with all applicable State and Federal laws and regulations governing the
8 Project.
9 B. Whenever the City uses the services of a contractor, the City shall require
10 that the contractor comply with all Federal, State, and local laws, ordinances, regulations, and
11 Fresno County Charter provisions applicable in the performance of their work.
12 C. This Project is subject to the requirements of Section 3 of the Housing and
13 Urban Development Act of 1968, as amended, 12 U.S.C. 1701(u). Accordingly, the City shall
14 require the prime contractor to complete and submit documentation prior to award of the
15 construction contract, and upon Project completion, that compliance with the requirements of
16 Section 3 of the Housing and Urban Development Act of 1968 clause have been met.
17 D. Non-Discrimination: The City agrees to comply with the non-discrimination
18 in employment and contracting opportunities laws, regulations, and executive orders referenced in
19 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination
20 provisions in Section 109 of the Housing and Community Development Act of 1974 are still
21 applicable.
22 E. Because the City is receiving at least $100,000 for a project from the
23 County's CDBG Program under this Agreement, the City shall complete and submit to the Division
24 a "Certification of Payments to Influence Federal Transactions" form and a "Standard Form LLL -
25 Disclosure of Lobbying Activities"form. Likewise, before the City awards a contract using at least
26 $100,000 of such CDBG funds, the City shall require the consultant and/or contractor and all their
27 sub-consultants and/or subcontractors to complete and submit these two (2) forms described
28 herein to both the City and the County.
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1 F. Records Retention: The City shall retain all financial records, supporting
2 documents, statistical records, and all other records pertinent to this Agreement for a period of four
3 (4) years from the date of the submission of the County's consolidated annual performance and
4 evaluation report to HUD in which the activities assisted under this Agreement are reported on for
5 the final time. If there is litigation, claims, audits, negotiations, or other actions that involve any of
6 the records cited, and that have started before the expiration of the four-year record retention
7 period, such records must be retained until completion of the actions and resolution of all issues,
8 or the expiration of the four-year period, whichever occurs later (24 CFR 570.502, 570.503(b)(2),
9 570.506).
10 V. PAYMENT FOR THE PROJECT
11 A. At monthly intervals, the City shall submit a written request to the County for
12 payment of specified costs incurred in the performance of this Agreement. The request for
13 payment shall be accompanied by a written certification from the City that the request for payment
14 is consistent with the amount of work that has been completed, and that the work is in accordance
15 with the contract documents and this Agreement. The request for payment shall also be
16 accompanied by documentation acceptable to the County, such as invoices, or vouchers for
17 services or materials purchased, contractor's costs, or other costs chargeable to the Project. After
18 appropriate review and inspection, the County shall make payment from CDBG funds provided in
19 this Agreement for all eligible costs specified herein up to the maximum amount payable under
20 Section I.
21 B. Any savings realized in the final cost of the Project, due to Project cost
22 and/or scope of work reductions, liquidated damages, or any other reason, shall be used to reduce
23 the amount of this Project paid for with CDBG funds, and shall be credited to the City's CDBG
24 allocation. If the City is required to provide any funds toward the Project, any cost savings shall
25 be first used to reimburse the City for its contribution in excess of the total amount provided by this
26 Agreement.
27 C. Payment for advertising and award shall be based on the actual costs of
28 printing and noticing.
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1 D. The County shall not be bound by any agreement between the City and its
2 agents.
3 E. The County may withhold payment of the final payment request made by
4 the City until evidence is submitted to the County that a maintenance plan has been prepared and
5 adopted for the improvements constructed with CDBG funds.
6 F. Upon the completion of the Project, the City shall submit to the Division a
7 written request for final payment of costs, which shall provide a detailed description of the Project
8 pay items and costs. The County shall not be obligated to make any payments under this
9 Agreement if the request for payment is submitted by the City more than sixty (60) calendar days
10 after the NOC has been filed with the County Recorder's Office. An extension to the sixty (60)
11 calendar day period may be granted by the Director prior to the deadline if the City can demonstrate
12 just cause for the delay.
13 G. The County may withhold reimbursement of the final payment request made
14 by the City until a final POM, recorded NOC, and written summary of all Project work completed
15 with CDBG and other funds, and evidence of compliance with the Section 3 clause, as specified
16 in Sections III-P and IV-C, have been submitted to the County.
17 H. All requests for payment and supporting documentation shall be sent to:
18 Business Manager
County of Fresno
19 Department of Public Works and Planning
Financial Services Division
20 2220 Tulare Street, 6th Floor
Fresno, CA 93721
21 pwpbusinessoffice(D_fresnocountyca.gov (if submitted bV email)
22 I. The City shall establish accounting and bookkeeping procedures in
23 accordance with standard accounting and bookkeeping practices, including, but not limited to,
24 employee timecards, payrolls, and other records of all transactions to be paid with CDBG funds in
25 accordance with the performance of this Agreement. All records and accounts shall be available
26 for inspection by the County, the State of California, if applicable, the Comptroller General of the
27 United States, and HUD or any of their duly authorized representatives, at all reasonable times,
28 for a period of at least five (5) years following final payment under this Agreement, or the closure
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1 of all other pending matters, whichever is later. The City shall certify accounts when required or
2 requested by the County.
3 J. The City, as a sub-recipient of Federal financial assistance, is required to
4 comply with the provisions of the Single Audit Act Amendments of 1996 (31 U.S.C. Sections 7501
5 et seq.). Whenever the City expends and/or receives CDBG funds from the County for the Project,
6 a copy of any audit performed by the City in accordance with said Act shall be forwarded to the
7 County Community Development Grants Program Manager within nine (9) months of the end of
8 any City fiscal year in which funds were expended and/or received for the Project. Failure to
9 perform the requisite audit functions as required by this paragraph may result in the County
10 performing any necessary audit tasks, or, at the County's option, the County contracting with a
11 public accountant to perform the audit. All audit costs related to the City's failure to perform the
12 requisite audit are the sole responsibility of the City, and such audit work costs incurred by the
13 County shall be billed to the City, as determined by County's Auditor-Controller/Treasurer-Tax
14 Collector. In the event the City is only required to perform an audit under the provisions of the Act
15 because the City is receiving CDBG funds, the County may perform, or cause to be performed,
16 the required audit to determine whether funds provided through this Agreement have been
17 expended in accordance with applicable laws and regulations. Any audit-related costs incurred
18 by the County under this provision shall be charged to the County CDBG Program. The City
19 agrees to take prompt and appropriate corrective action on any instance of material non-
20 compliance with applicable laws and regulations.
21 K. The City shall send a copy of the audit to:
22 Community Development Grants
County of Fresno
23 Department of Public Works and Planning
Community Development Division
24 2220 Tulare Street, 6th Floor
Fresno, CA 93721
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26 VI. INDEMNIFICATION
27 Each party to this Agreement shall indemnify, defend, and hold harmless the other
28 party, its officers, agents, employees, and representatives, from any and all loss, liability, costs,
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1 expenses and damage to persons or property, and from any and all claims, demands and actions
2 in law or equity (including attorney's fees and legal expenses) arising or alleged to have arisen
3 directly from any wrongful acts caused by its respective activities pursuant to this Agreement. The
4 provisions of this Section VI shall survive the expiration or termination of this Agreement.
5 VI 1. TIME OF PERFORMANCE
6 A. The following schedule shall commence on the date this Agreement is
7 executed by the County:
8 1. Complete Consultant Engineer Selection Process— Complete.
9 2. Complete Design Engineering and Submit to the County for Review
10 — December 11, 2023.
11 3. Complete County Review and Approval of Plans — March 8, 2024.
12 4. Begin Advertising for Bids —April 1, 2024.
13 5. Award Contract— June 6, 2024.
14 B. The Project shall be completed, and NOC shall be filed with the Fresno
15 County Recorder's Office, no later than January 10, 2025.
16 C. The final POM Report, written summary of all work completed,
17 documentation demonstrating compliance with the Section 3 clause, and request for final payment
18 shall be submitted to the County no later than March 7, 2025.
19 D. The City shall give immediate written notification to the Division of any
20 events that occur which may affect the above time schedule and completion date and the time
21 schedule specified in the contract documents, or any event that may have significant impact upon
22 the Projector affect the attainment of the Project's objectives. The Director is authorized to adjust
23 the above schedule if, in the Director's judgment, any delay is beyond the control of the parties
24 involved.
25 E. Time is of the essence in the City's performance of this Agreement.
26 Vill. BREACH OF AGREEMENT
27 In the event the City fails to comply with any of the terms of this Agreement, the
28 County may, at its option, deem the City's failure a material breach of this Agreement, and utilize
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1 any remedies permitted by law that the County deems appropriate. Should the County deem a
2 breach of this Agreement material, the County shall immediately be relieved of its obligations to
3 make further payment as provided herein. Termination of this Agreement due to breach shall not,
4 in any way whatsoever, limit the rights of the County in seeking any other legal relief in a court of
5 law or equity, including the recovery of damages. In addition to the termination of the Agreement
6 by the County due to a material breach of this Agreement by the Subrecipient, the County may
7 also terminate this Agreement for convenience, in accordance with state and federal law.
8 IX. TERMINATION OF PROJECT
9 A. If the City wishes to cancel the Project covered by this Agreement, the City
10 shall submit a request in writing to the Division explaining just cause for the request. The Director
11 is authorized to approve such a request if, in the Director's judgment, there is just cause for the
12 Project's cancellation.
13 B. If the City's request to cancel the Project covered by this Agreement is
14 approved by the Director, the City shall promptly return to the County all CDBG funds paid by the
15 County to City pursuant to this Agreement.
16 C. If the Director approves the City's request to cancel the Project, any
17 unexpended CDBG funds budgeted to the Project under this Agreement may be credited to the
18 City's CDBG allocation, as appropriate.
19 X. VENUE; GOVERNING LAW
20 Venue for any action arising out of or relating to this Agreement shall only be in
21 Fresno County, California. The rights and obligations of the parties, and all interpretation and
22 performance of this Agreement shall be governed in all respects by the laws of the State of
23 California.
24 XI. ENTIRE AGREEMENT
25 This Agreement constitutes the entire agreement between the City and the County
26 with respect to the subject matter hereof, and supersedes all previous negotiations, proposals,
27 commitments, writings, advertisements, publications, and understandings of any nature
28 whatsoever unless expressly included in this Agreement.
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1 I. NO THIRD-PARTY BENEFICIARIES
2 This Agreement does not and is not intended to create any rights or obligations for
3 any persons or entity except the parties. This Agreement is solely for the benefit of the County and
4 the City and HUD, and there are no other intended third party beneficiaries of this Agreement.
5 ll. AUTHORIZED SIGNATURES
6 The City represents and warrants to the County that:
7 A. The City is duly authorized and empowered to sign and perform its
8 obligations under this Agreement.
9 B. The individual signing this Agreement on behalf of the City is duly
10 authorized to do so and his or her signature on this Agreement legally binds the City to the
11 terms of this Agreement.
12 III. ELECTRONIC SIGNATURES
13 The parties agree that this Agreement may be executed by electronic signature as
14 provided in this section.
15 A. An "electronic signature" means any symbol or process intended by an
16 individual signing this Agreement to represent their signature, including but not limited to (1) a
17 digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically
18 scanned and transmitted (for example by PDF document) version of an original handwritten
19 signature.
20 B. Each electronic signature affixed or attached to this Agreement (1) is
21 deemed equivalent to a valid original handwritten signature of the person signing this Agreement
22 for all purposes, including but not limited to evidentiary proof in any administrative or judicial
23 proceeding, and (2) has the same force and effect as the valid original handwritten signature of
24 that person.
25 C. The provisions of this section satisfy the requirements of Civil Code
26 section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
27 Part 2, Title 2.5, beginning with section 1633.1).
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1 D. Each party using a digital signature represents that it has undertaken and
2 satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
3 through (5), and agrees that each other party may rely upon that representation.
4 E. This Agreement is not conditioned upon the parties conducting the
5 transaction under it by electronic means and either party may sign this Agreement with an
6 original handwritten signature.
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1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date set
2 forth on page one of this Agreement.
3
4 CITY OF SANGER COUNTY OF FRESNO
5
6 By: _ .'
Gregory Garner, Acting City Manager S Q ero, Chairman of the
7 Bo o ervisors of the
8 County of Fresno
Date: 7 02 3 Date: /0 '10 aOa
10 ATTEST: ATTEST:
Bernice E. Seidel
11 Clerk of the Board of Supervisors
12 County of Fresno, State of California
i
13 _ By:_
14 City CI k, City of Sanger Deputy
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APPROVED AS TO LEGAL FORM:
16
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18 City Attorney
19
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21 REMIT TO:
FUND NO: 0001
22 SUBCLASS NO: 10000 City of City of Sanger
ORG NO: 7205 Attn: Gregory Garner
23 ACCOUNT NO: 7885 1700 7th Street
PROJECT NO: N22611 Sanger, CA 93657
24 ACTIVITY CODE: 7219 Telephone: (559) 875-2587
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26 JAW
G:\7205ComDev\-Agendas-Agreements\2023\1010 Sanger Cesar Chavez Park Improvements AGT,docx
August 10,2023
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Exhibit 1
County of Fresno
Project Outcome Measurement Report
Project#: 22611 Project Name: Sanger Cesar Chavez Park Improvements
The County of Fresno is required to submit information annually on each project funded
with Community Development Block Grant (CDBG) funds, per U.S. Department of
Housing and Urban Development (HUD) guidelines. As a recipient of CDBG funds from
the County, the County requests that you provide the following information:
1. Years Reported: through
2. Enter the number of persons assisted that:
a. Now have new access to this type of public facility or infrastructure
improvement: or N/A
(New access to a public facility or infrastructure is when the facility did not
previously exist and is provided for the first time.)
b. Now have improved access to this type of public facility or infrastructure
improvement: or N/A
(Improved access to a public facility or infrastructure is when the facility or
infrastructure is improved or expanded, enabling the grantee to expand
the number of people or type of service the facility provides.)
C. Are served by this public facility or infrastructure improvement that is no
longer substandard: or N/A
(A public facility or infrastructure is no longer substandard when the
CDBG funds were used to meet a quality standard, or measurably
improve the quality of the facility or infrastructure.)
(Note: The numbers of persons entered in a, b, and c, above, must add up to
the total number of persons entered in question 3.)
3. Total number of persons assisted:
4. Please describe the accomplishments made on this project in the past year (i.e.
construction progress). If the project is complete, please describe the overall
accomplishments made on the project.
Form Completed By:
G:\7205ComDev\—Agendas-Agreements\2023\1010_Sanger Cesar Chavez Park Improvements_AGT(v2).docx
August 10,2023