HomeMy WebLinkAboutAgreement A-23-640 with City of Selma.pdf 23-1087 Agreement No. 23-640
1 AGREEMENT
2 THIS AGREEMENT ("Agreement") is made this 28th day of November_, 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 SELMA ("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 Selma Sidewalk Connectivity, Phase 11, Project No.
13 23651 ("Project") for CDBG funding; and
14 WHEREAS, the City has estimated that the total cost of the Project is $372,029, and the
15 City has requested the sum of$372,029 in CDBG funds be made available for the Project; and
16 WHEREAS, the County can provide $372,029 in CDBG funds needed for the Project from
17 the City's 2023-2024 CDBG allocation ($242,504) and from the City's remaining balance of CDBG
18 funds ($129,525); and
19 WHEREAS, the Project is consistent with the objectives of the Fresno County Consolidated
20 Plan, including the 2023-2024 Annual Action Plan.
21 NOW THEREFORE, in consideration of their mutual promises as hereinafter set forth, the
22 City and County agree as follows:
23 I. PROJECT DESCRIPTION, LOCATION AND BUDGET
24 A. The Project consists of the construction or replacement of curb, gutter,
25 sidewalk, drive approaches, and curb ramps where missing, damaged, or not meeting current
26 Americans with Disabilities Act (ADA) requirements to create a safe continuous pedestrian
27 traveling surface. Existing signs, placement markings, curb, gutter, sidewalk, drive approaches,
28 streetlights, storm drain inlets, and landscape may be modified, replaced, and/or relocated to
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1 accommodate the proposed improvements. The Project is located within the area generally
2 bounded by Nebraska Avenue, Thompson Avenue, Valley View Street, and Highway 99, in the
3 City of Selma.
4 B. The Project site is within the City's existing easements or public rights-of-
5 way.
6 C. The work to be funded with CDBG funds is as follows:
7 1. Obtain all necessary permits.
8 2. Perform all necessary design engineering, including, but not limited
9 to, surveying; testing; preparation of plans, specifications, and cost estimates, bid documents and
10 a cost or price analysis; review of bids and recommendation for award.
11 3. Prepare and advertise Project bid notices and award construction
12 contracts including, but not limited to, the printing of bid documents; publishing of notices; and
13 preparation of bid summary.
14 4. Perform all construction engineering including, but not limited to,
15 shop drawing review and approval; contract change order preparation; surveying; staking;
16 inspection; soil testing; materials testing; preparation of"as-built" drawings; labor compliance; and
17 contract administration.
18 5. Provide related eligible improvements.
19 D. The Project budget is estimated by the City as follows:
20 Construction $265,500
Design & Construction Engineering 79,500
21 Contingency, Permits & Misc. 27,029
Total $372,029
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23 E. Notwithstanding the City's estimates described in the above-described
24 Project budget, payments for the Project from CDBG funds shall be limited to the City's actual
25 costs expended by the City, and in any event shall not exceed the total amount of$372,029. In the
26 event CDBG funds are not sufficient, the City shall complete the Project using its own funds.
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1 F. The proposed funding for the Project shall be provided from the following
2 sources:
3 CDBG $372,029
Local Financial Contribution 0
4 Total $372,029
5 G. Prior to any proposed changes that may occur which would modify the
6 scope of the Project, the City shall submit a written request to the County. The City shall send its
7 written request to:
Community Development Grants
8 County of Fresno
Department of Public Works and Planning
9 Community Development Division
2220 Tulare Street, 6th Floor
10 Fresno, CA 93721
11 If the Director of the County Department of Public Works and Planning ("Director") determines the
12 modified Project is still eligible under the Federal CDBG regulations, the Director is authorized to
13 permit such modifications. The Director shall specify in a letter to the City that such modifications
14 to the scope of the Project are authorized, and if the City may proceed.
15 II. OBLIGATIONS OF THE COUNTY
16 A. The County shall reimburse the City up to, but not more than, $372,029 in
17 CDBG funds for the Project for the City's performance of its obligations under this Agreement. All
18 funds shall be paid to the City in accordance with Section V-A of this Agreement.
19 B. The County shall review, within thirty (30) calendar days of receipt from the
20 City, the engineer selection process description and summary of the analysis, as prepared by the
21 City, to verify that a competitive process was conducted in accordance with U.S. Department of
22 Housing and Urban Development (HUD) procurement standards. If such conditions have been
23 met, the Department of Public Works and Planning, Community Development Division (Division)
24 shall specify in a letter to the City that these conditions have been met, and that the engineering
25 contract can be awarded.
26 C. The County shall review, within thirty (30) calendar days of receipt from the
27 City, the design plans and specifications for the Project, as prepared by the City, for compliance
28 with Federal regulations, and the total Project cost estimate, to determine whether sufficient funds
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1 are available to complete the Project. If such conditions have been met, the Division shall specify
2 in a letter to the City that these conditions have been met and that the Project can be advertised.
3 If such conditions have not been met, the Project will not move forward unless the City receives
4 an approval letter from the Division.
5 D. The County shall also review, within twenty-one (21) calendar days of
6 receipt from the City, the name of the low bidder, and cost or price analysis of the low bid proposal
7 prepared by the City, to determine whether the contractor will be reasonably compensated in
8 accordance with Federal requirements, and to verify the contractor is bonded, and has not been
9 disbarred or suspended from participating in Federal projects. If such conditions have been met,
10 the Division shall specify in a letter to the City that these conditions have been met, and that the
11 contract can be awarded. If such conditions have not been met, the Project will not move forward
12 unless the City receives an approval letter from the Division.
13 E. The County shall attend the pre-construction meeting between the City and
14 the contractor to discuss labor compliance requirements for the Project, Project monitoring, and to
15 inform the City and contractor that the County will conduct field reviews to determine whether labor
16 compliance and other conditions of the construction contract are being met.
17 F. The County shall conduct periodic inspections of the Project, as may be
18 required, in the determination of the County, that the intended use and group of beneficiaries of
19 the Project, as identified by the City in the application, have not changed. Upon completion of the
20 Project, but prior to the City's acceptance of the Project, the County shall conduct a final inspection
21 of the Project. If such conditions have been met, the Division shall specify in a letter to the City
22 that the conditions of this Section have been met. If such conditions have not been met, the Project
23 will not move forward unless the City receives an approval letter from the Division.
24 G. Notwithstanding anything to the contrary in this Section II or Section III of
25 this Agreement, the County's determinations and actions under this Section II and Section III of
26 this Agreement are solely for the benefit of the County, as the provider of the CDBG funding stated
27 herein, and do not relieve the City of its obligations, or lessen the City's obligations, under this
28 Agreement.
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1 III. OBLIGATIONS OF THE CITY
2 A. The City shall provide any and all sums of money in excess of $372,029
3 which may be necessary to complete the Project. For the purposes of awarding the construction
4 of the Project within the Agreement amount, the bid documents should include any proposed
5 additive or deduct alternatives.
6 B. The City shall perform, or cause to be performed, all engineering work
7 required for the Project.
8 C. In selecting an engineer to perform any engineering work required for the
9 Project, the City shall go through a competitive process in accordance with Chapter 4.10 of the
10 Ordinance Code of Fresno County, and HUD procurement standards. Prior to selection of the
11 engineer, the City shall prepare a written description of the process, perform a cost or price
12 analysis, and submit the process description and summary of the analysis to the Division for
13 review. The City shall obtain a letter from the Division specifying that the conditions of this Section
14 have been met.
15 D. The City shall specify in agreements with its consultants that all engineering
16 work funded with CDBG funds shall become the property of the City upon payment by the City for
17 the cost of such engineering work.
18 E. The City shall furnish evidence to the satisfaction of the Division, prior to the
19 County's authorization to advertise for bids, that it has free and clear title to all parcels of real
20 property on which Project improvements will be located, with any liens or encumbrances noted,
21 and/or that it has obtained or can obtain all necessary easements, rights-of-way, licenses, permits,
22 and State and local approvals required for the completion of the Project.
23 F. Upon completion of the design engineering, the City shall submit the plans
24 and specifications to the Division. The County will ensure Federal CDBG requirements have been
25 adhered to, and review cost estimates to, ensure sufficient funds are available. The City shall
26 obtain a letter from the Division specifying these conditions have been met, and that the City is
27 approved to advertise for bids to construct the Project.
28 G. The City shall advertise for bids, and shall award the construction contract
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1 to the lowest responsible bidder. At least ten (10) calendar days prior to the bid opening, the City
2 shall notify the County of the date, time, and location of the bid opening.
3 H. Within seven (7) calendar days following the bid opening, the City shall
4 furnish the Division with the name of the low bidder, and cost or price analysis of the low bid
5 proposal prepared by the City, so that the County may verify with the Labor Relations and Equal
6 Opportunity Division of the HUD Area Office that the low bidder is bonded and has not been
7 debarred or suspended from participating in Federal projects, and that the contractor will be
8 reasonably compensated in accordance with Federal requirements. The City shall obtain a letter
9 from the County specifying these conditions have been met, and that the City is approved to award
10 the Project for construction.
11 I. The City shall conduct a pre-construction meeting with the contractor, and
12 shall notify the County Community Development Division at least ten (10) calendar days prior to
13 the meeting, so a representative of the County may attend to discuss CDBG labor compliance
14 requirements for the Project.
15 J. The City shall require the contractor, and all subcontractors, to submit
16 labor compliance documentation, including Certified Payroll, in the manner specified by the
17 County's Labor Compliance Officer, including the use of electronic systems such as LCPtracker.
18 K. Prior to the construction start date, the City shall give written notice thereof,
19 to the Division, to include a copy of the executed contract between the City and the Contractor and
20 the Notice to Proceed.
21 L. All proposed construction contract change orders shall not proceed until
22 prior written approval has been given by the County. Request for approval of a change order(s)
23 shall include a narrative description of the work, a cost or price analysis in accordance with HUD
24 requirements, a map depicting the location of the work addressed with the requested change order,
25 and a written certification from the City that the approval of the change order is consistent with the
26 final construction cost estimate approved by the County. In addition, the City shall certify that the
27 change order is within the scope of the Project and is necessary to complete the Project.
28 M. The City shall send its written description of the engineer selection process,
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1 cost or price analyses, design plans, specifications, name of low bidder and low bid proposal,
2 public notices, and all written correspondence to:
3
Community Development Grants
4 County of Fresno
Department of Public Works and Planning
5 Community Development Division
2220 Tulare Street, 6th Floor
6 Fresno, CA 93721
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N. The City shall comply with the mitigation measures, conditions and notes
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identified in Environmental Review No. 7640 (the "Assessment"). A copy of the Assessment shall
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be provided to the City.
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O. Upon completion of the Project, the City shall notify the Division, so a
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representative of the Division may perform an inspection of the Project to confirm that it was
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completed in accordance with the scope of work approved and authorized pursuant to this
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executed Agreement.
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P. Upon approval of Project completion by the County, the City shall provide
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the Division with a resolution of acceptance, or similar documentation, demonstrating that the
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Project was completed in accordance with the scope of work approved and authorized pursuant
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to this executed Agreement, and any approved subsequent amendments thereto and/or change
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orders, and that the City has accepted the Project. Prior to the final request for payment, the City
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shall also provide the County with a copy of the recorded Notice of Completion (NOC), a written
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summary of all Project work completed with CDBG and other funds, and documentation to
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demonstrate compliance with Section 3 of the Housing and Urban Development Act of 1968, as
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amended.
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Q. During the contract period, the City shall complete and submit annually each
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June 1, and upon completion of the Project, a Project Outcome Measurement Report (POM)form,
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a copy of which is attached hereto as Exhibit 1 and incorporated herein by reference. The POM
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shall contain the following information for the County's Federal reporting purposes to the U.S.
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Department of Housing and Urban Development (HUD):
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1. Total number of households/persons assisted.
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1 2. Number of total households/persons assisted that:
2 a. Now have new access to this type of public facility or
3 infrastructure improvement.
4 b. Now have improved access to this type of public facility or
5 infrastructure improvement.
6 C. Now are served by a public facility or infrastructure that is no
7 longer substandard.
8 R. The City shall be responsible for maintenance of the Project after
9 construction is completed, and shall perform such maintenance from non-CDBG resources.
10 S. The City must inform the County in writing of any program income generated
11 by the expenditure of CDBG funds. Any program income generated as a result of the Project
12 must be paid to the County. For purposes of this Agreement, program income is defined as
13 proceeds from the disposition of CDBG-acquired real property, and principal and interest on CDBG
14 loans. If the City contributed financially to the improvement Project, the City may retain a share
15 of the program income in proportion to the City's contribution to the Project, after the City has
16 provided a written accounting acceptable to the County.
17 T. The City must obtain prior written approval from the County before making
18 any modification or change in the use of any real property improved, in whole or in part, using
19 CDBG funds in excess of $25,000. The City shall provide affected citizens with notice of, and
20 opportunity to comment on, any proposed change to the use of real property improved with CDBG
21 funds. If any real property improved with CDBG funds is sold and/or is utilized by the City for a
22 use which does not qualify under the CDBG Program, the City shall reimburse the County in an
23 amount equal to the current fair market value for the property, less any proportional share thereof
24 attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for
25 five years after the Project is completed in HUD's Integrated Disbursement and Information System
26 (IDIS). In the event the CDBG program is closed out, the requirements of this Section shall remain
27 in effect for activities or property funded with CDBG funds, unless action is taken by the Federal
28 government to relieve the City of these obligations.
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1 U. The City acknowledges that the County may periodically inspect the Project
2 to ensure the property is being used as described in this Agreement. The City agrees to provide
3 any necessary information to the County to carry out such inspections. Furthermore, the City
4 agrees to take corrective action if the County determines that modifications to the use and location
5 of the Project have resulted in a violation of the Federal CDBG regulations.
6 IV. CONFORMANCE WITH APPLICABLE LAWS AND REGULATIONS
7 A. The City shall, and shall cause its consultants, contractors, and
8 subcontractors to, comply with all applicable State and Federal laws and regulations governing the
9 Project.
10 B. The City must comply with the requirements of the Build America, Buy
11 America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be
12 amended, if applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice,
13 "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy
14 America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR
15 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject
16 to BABA requirements, unless excepted by a waiver. The City shall ensure that all plans and
17 specifications include requirements that all construction materials subject to BABA are noted as
18 such.
19 C. Whenever the City uses the services of a contractor, the City shall require
20 that the contractor comply with all Federal, State, and local laws, ordinances, regulations, and
21 Fresno County Charter provisions applicable in the performance of their work.
22 D. This Project is subject to the requirements of Section 3 of the Housing and
23 Urban Development Act of 1968, as amended, 12 U.S.C. 1701(u). Accordingly, the City shall
24 require the prime contractor to complete and submit documentation prior to award of the
25 construction contract, and upon Project completion, that compliance with the requirements of
26 Section 3 of the Housing and Urban Development Act of 1968 clause have been met.
27 E. Non-Discrimination: The City agrees to comply with the non-discrimination
28 in employment and contracting opportunities laws, regulations, and executive orders referenced in
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1 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination
2 provisions in Section 109 of the Housing and Community Development Act of 1974 are still
3 applicable.
4 F. Because the City is receiving at least $100,000 for this Project from the
5 County's CDBG Program under this Agreement, the City shall complete and submit to the Division
6 a "Certification of Payments to Influence Federal Transactions" form and a "Standard Form LLL -
7 Disclosure of Lobbying Activities"form. Likewise, before the City awards a contract using at least
8 $100,000 of such CDBG funds, the City shall require the consultant and/or contractor and all their
9 sub-consultants and/or subcontractors to complete and submit these two (2) forms described
10 herein to both the City and the County.
11 G. Records Retention: The City shall retain all financial records, supporting
12 documents, statistical records, and all other records pertinent to this Agreement for a period of four
13 (4) years from the date of the submission of the County's consolidated annual performance and
14 evaluation report to HUD in which the activities assisted under this Agreement are reported on for
15 the final time. If there is litigation, claims, audits, negotiations, or other actions that involve any of
16 the records cited, and that have started before the expiration of the four-year record retention
17 period, such records must be retained until completion of the actions and resolution of all issues,
18 or the expiration of the four-year period, whichever occurs later (24 CFR 570.502, 570.503(b)(2),
19 570.506).
20 V. PAYMENT FOR THE PROJECT
21 A. At monthly intervals, the City shall submit a written request to the County for
22 payment of specified costs incurred in the performance of this Agreement. The request for payment
23 shall be accompanied by a written certification from the City that the request for payment is
24 consistent with the amount of work that has been completed, and that the work is in accordance
25 with the contract documents and this Agreement. The request for payment shall also be
26 accompanied by documentation acceptable to the County, such as invoices, or vouchers for
27 services or materials purchased, contractor's costs, or other costs chargeable to the Project. After
28 appropriate review and inspection, the County shall make payment from CDBG funds provided in
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1 this Agreement for all eligible costs specified herein up to the maximum amount payable under
2 Section I.
3 B. Any savings realized in the final cost of the Project, due to Project cost
4 and/or scope of work reductions, liquidated damages, or any other reason, shall be used to reduce
5 the amount of this Project paid for with CDBG funds, and shall be credited to the City's CDBG
6 allocation. If the City is required to provide any funds toward the Project, any cost savings shall be
7 first used to reimburse the City for its contribution in excess of the total amount provided by this
8 Agreement.
9 C. Payment for advertising and award shall be based on the actual costs of
10 printing and noticing.
11 D. The County shall not be bound by any agreement between the City and its
12 agents.
13 E. Upon the completion of the Project, the City shall submit to the Division a
14 written request for final payment of costs, which shall provide a detailed description of the Project
15 pay items and costs. The County shall not be obligated to make any payments under this
16 Agreement if the request for payment is submitted by the City more than sixty (60) calendar days
17 after the NOC has been filed with the County Recorder's Office. An extension to the sixty (60)
18 calendar day period may be granted by the Director prior to the deadline if the City can demonstrate
19 just cause for the delay.
20 F. The County may withhold reimbursement of the final payment request made
21 by the City until a final POM, recorded NOC, and written summary of all Project work completed
22 with CDBG and other funds, and evidence of compliance with the Section 3 clause, as specified
23 in Sections III-P and IV-D, have been submitted to the County.
24 G. All requests for payment and supporting documentation shall be sent to:
25 Business Manager
County of Fresno
26 Department of Public Works and Planning
Financial Services Division
27 2220 Tulare Street, 6th Floor
Fresno, CA 93721
28 pwpbusinessoffice(a)fresnocountyca.gov (if submitted by email)
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1 H. The City shall establish accounting and bookkeeping procedures in
2 accordance with standard accounting and bookkeeping practices, including, but not limited to,
3 employee timecards, payrolls, and other records of all transactions to be paid with CDBG funds in
4 accordance with the performance of this Agreement. All records and accounts shall be available
5 for inspection by the County, the State of California, if applicable, the Comptroller General of the
6 United States, and HUD or any of their duly authorized representatives, at all reasonable times,
7 for a period of at least five (5) years following final payment under this Agreement, or the closure
8 of all other pending matters, whichever is later. The City shall certify accounts when required or
9 requested by the County.
10 I. The City, as a sub-recipient of Federal financial assistance, is required to
11 comply with the provisions of the Single Audit Act Amendments of 1996 (31 U.S.C. Sections 7501
12 et seq.). Whenever the City expends and/or receives CDBG funds from the County for the Project,
13 a copy of any audit performed by the City in accordance with said Act shall be forwarded to the
14 County Community Development Grants Program Manager within nine (9) months of the end of
15 any City fiscal year in which funds were expended and/or received for the Project. Failure to
16 perform the requisite audit functions as required by this paragraph may result in the County
17 performing any necessary audit tasks, or, at the County's option, the County contracting with a
18 public accountant to perform the audit. All audit costs related to the City's failure to perform the
19 requisite audit are the sole responsibility of the City, and such audit work costs incurred by the
20 County shall be billed to the City, as determined by County's Auditor-Controller/Treasurer-Tax
21 Collector. In the event the City is only required to perform an audit under the provisions of the Act
22 because the City is receiving CDBG funds, the County may perform, or cause to be performed,
23 the required audit to determine whether funds provided through this Agreement have been
24 expended in accordance with applicable laws and regulations. Any audit-related costs incurred
25 by the County under this provision shall be charged to the County CDBG Program. The City
26 agrees to take prompt and appropriate corrective action on any instance of material non-
27 compliance with applicable laws and regulations.
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1 J. The City shall send a copy of the audit to:
2 Community Development Grants
County of Fresno
3 Department of Public Works and Planning
Community Development Division
4 2220 Tulare Street, 6th Floor
Fresno, CA 93721
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6 VI. INDEMNIFICATION
7 The City shall indemnify and hold harmless and defend the County (including its
8 officers, agents, employees, and volunteers) against all claims, demands, injuries, damages,
9 costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to
10 the County, the City, or any third party that arise from or relate to the performance or failure to
11 perform by the City (or any of its officers, agents, subcontractors, or employees) under this
12 Agreement. The County may conduct or participate in its own defense without affecting the City's
13 obligation to indemnify and hold harmless or defend the County. The provisions of this Section VI
14 shall survive the expiration or termination of this Agreement.
15 VI I. TIME OF PERFORMANCE
16 A. The following schedule shall commence on the date this Agreement is
17 executed by the County:
18 1. Complete Design Engineering and Submit to the County for Review
19 —January 26, 2024.
20 2. Complete County Review and Approval of Plans—April 29, 2024.
21 3. Begin Advertising for Bids — May 15, 2024.
22 4. Award Contract—July 15, 2024.
23 B. The Project shall be completed, and NOC shall be filed with the Fresno
24 County Recorder's Office, no later than January 23, 2025.
25 C. The final POM Report, written summary of all work completed,
26 documentation demonstrating compliance with the Section 3 clause, and request for final payment
27 shall be submitted to the County no later than March 24, 2025.
28 D. The City shall give immediate written notification to the Division of any
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1 events that occur which may affect the above time schedule and completion date and the time
2 schedule specified in the contract documents, or any event that may have significant impact upon
3 the Project or affect the attainment of the Project's objectives. The Director is authorized to adjust
4 the above schedule if, in the Director's judgment, any delay is beyond the control of the parties
5 involved.
6 E. Time is of the essence in the City's performance of this Agreement.
7 Vill. BREACH OF AGREEMENT
8 In the event the City fails to comply with any of the terms of this Agreement, the
9 County may, at its option, deem the City's failure a material breach of this Agreement, and utilize
10 any remedies permitted by law that the County deems appropriate. Should the County deem a
11 breach of this Agreement material, the County shall immediately be relieved of its obligations to
12 make further payment as provided herein. Termination of this Agreement due to breach shall not,
13 in any way whatsoever, limit the rights of the County in seeking any other legal relief in a court of
14 law or equity, including the recovery of damages. In addition to the termination of the Agreement
15 by the County due to a material breach of this Agreement by the Subrecipient, the County may
16 also terminate this Agreement for convenience, in accordance with state and federal law.
17 IX. TERMINATION OF PROJECT
18 A. If the City wishes to cancel the Project covered by this Agreement, the City
19 shall submit a request in writing to the Division explaining just cause for the request. The Director
20 is authorized to approve such a request if, in the Director's judgment, there is just cause for the
21 Project's cancellation.
22 B. If the City's request to cancel the Project covered by this Agreement is
23 approved by the Director, the City shall promptly return to the County all CDBG funds paid by the
24 County to City pursuant to this Agreement.
25 C. If the Director approves the City's request to cancel the Project, any
26 unexpended CDBG funds budgeted to the Project under this Agreement may be credited to the
27 City's CDBG allocation, as appropriate.
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1 X. VENUE; GOVERNING LAW
2 Venue for any action arising out of or relating to this Agreement shall only be in
3 Fresno County, California. The rights and obligations of the parties, and all interpretation and
4 performance of this Agreement shall be governed in all respects by the laws of the State of
5 California.
6 XI. ENTIRE AGREEMENT
7 This Agreement constitutes the entire agreement between the City and the County
8 with respect to the subject matter hereof, and supersedes all previous negotiations, proposals,
9 commitments, writings, advertisements, publications, and understandings of any nature
10 whatsoever unless expressly included in this Agreement.
11 XI I. NO THIRD-PARTY BENEFICIARIES
12 This Agreement does not and is not intended to create any rights or obligations for
13 any persons or entity except the parties. This Agreement is solely for the benefit of the County and
14 the City and HUD, and there are no [other] intended third party beneficiaries of this Agreement.
15 XIII. AUTHORIZED SIGNATURES
16 The City represents and warrants to the County that:
17 A. The City is duly authorized and empowered to sign and perform its
18 obligations under this Agreement.
19 B. The individual signing this Agreement on behalf of the City is duly
20 authorized to do so and his or her signature on this Agreement legally binds the City to the terms
21 of this Agreement.
22 XIV. ELECTRONIC SIGNATURES
23 The parties agree that this Agreement may be executed by electronic signature as
24 provided in this section.
25 A. An "electronic signature" means any symbol or process intended by an
26 individual signing this Agreement to represent their signature, including but not limited to (1) a
27 digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically
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1 scanned and transmitted (for example by PDF document) version of an original handwritten
2 signature.
3 B. Each electronic signature affixed or attached to this Agreement (1) is
4 deemed equivalent to a valid original handwritten signature of the person signing this Agreement
5 for all purposes, including but not limited to evidentiary proof in any administrative or judicial
6 proceeding, and (2) has the same force and effect as the valid original handwritten signature of
7 that person.
8 C. The provisions of this section satisfy the requirements of Civil Code
9 section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
10 Part 2, Title 2.5, beginning with section 1633.1).
11 D. Each party using a digital signature represents that it has undertaken and
12 satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
13 through (5), and agrees that each other party may rely upon that representation.
14 E. This Agreement is not conditioned upon the parties conducting the
15 transactions under it by electronic means and either party may sign this Agreement with an
16 original handwritten signature.
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1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth on
2 page one of this Agreement.
3
4 CITY OF SELMA COUNTY OF FRESNO
5
6 By:
Fernando Santillan, City Manager S Qu nro, hairman of the
7 Bo of S rvisors of the
County of Fresno
8 'O Gk VI , �-o 2,3
Date: Date:
9
10 ATTEST: ATTEST:
Bernice E. Seidel
11 Clerk of the Board of Supervisors
12 County of Fresno, State of California
13 By:
City CI k, City of Selma Deputy
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15 «.
APPROVED AS TO LEGAL FORM:
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17
L
18 ity Attv
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21 REMIT TO:
FUND NO: 0001
22 SUBCLASS NO: 10000 City of Selma
ORG NO: 7205 Attn: Fernando Santillan, City Manager
23 ACCOUNT NO: 7885 1710 Tucker St.
PROJECT NO: N23651 Selma, CA 93662
24 ACTIVITY CODE: 7219 Telephone: (559) 891-2200
25
26 JA:JN
G:N7205ComDevl—Agendas-Agreements\202311107 Selma Sidewalk Connect Ph II 23651 AGT.docx
September 14,2023
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Exhibit 1
County of Fresno
Project Outcome Measurement Report
Project#: 23651 Project Name: Selma Sidewalk Connectivity, Phase II
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\1128 Selma Sidewalk Connect Ph II 23651 AGT.docx
September 14,2023