HomeMy WebLinkAboutAgreement A-25-014 Amendment I to Agreement with Biola CSD (2).pdf 24-1293 Agreement No. 25-014
1 AMENDMENT I TO AGREEMENT
2 THIS AMENDMENT I TO AGREEMENT, ("Amendment I"), is made this 7th day of
3 January , 2025 ("Effective Date"), by and between the COUNTY OF FRESNO, a political
4 subdivision of the State of California ("County"), and the BIOLA COMMUNITY SERVICES
5 DISTRICT ("District").
6 WITNESSETH
7 WHEREAS, the County has been designated as the sponsoring agency to administer and
8 implement the Community Development Block Grant (CDBG) Program activities of the County,
9 and its participating cities, in accordance with the provisions of Title I of the Housing and
10 Community Development Act of 1974, as amended, and the laws of the State of California; and
11 WHEREAS, on November 28, 2023, the County and the District entered into Agreement
12 23-641 ("Agreement"), whereby $300,000 in CDBG funds were made available to the District for
13 the Biola Groundwater Recharge, Project No. 21032 ("Project"); and
14 WHEREAS, the District informed the County that the total estimated cost of the Project has
15 increased from $300,000 to $375,000 due to increased construction costs; and
16 WHEREAS, the District is in need of $75,000 in CDBG funding to complete the Project;
17 and
18 WHEREAS, on October 16, 2024, the Housing and Community Development Citizens
19 Advisory Committee reviewed the request for an additional $75,000 in CDBG funds in accordance
20 with the County's Citizen Participation Plan, and recommended the additional funds be made
21 available for the Project; and
22 WHEREAS, there is $75,000 in CDBG funds that can be made available to the District for
23 the Project this fiscal year.
24 NOW THEREFORE, in consideration of their mutual promises as hereinafter set forth, the
25 County and District agree to amend the Agreement as follows:
26 1. Page 1, Lines 15 through Page 2, Line 2, is amended to read:
27 "WHEREAS, the District has estimated that the total cost of the Project is $375,000, and
28 the District has requested the sum of$375,000 in CDBG funds be made available for the Project;
1
1 and
2 WHEREAS, at a public hearing conducted on May 11, 2021, the County Board of
3 Supervisors approved as part of approving the County's 2021-2022 Annual Action Plan,the usage
4 of$250,000 in CDBG funds for the Project, as requested by the District; and
5 WHEREAS, the County's Housing and Community Development Citizens Advisory
6 Committee, at a public meeting on October 18, 2023, recommended that CDBG funding for the
7 Project be increased from $250,000 to $300,000, as requested by the District due to increased
8 construction costs; and
9 WHEREAS, the County Board of Supervisors, at a public meeting conducted on November
10 28, 2023, approved the usage of$300,000 in CDBG funds for the project; and
11 WHEREAS, the County's Housing and Community Development Citizens Advisory
12 Committee, at a public meeting on October 16, 2024, recommended that CDBG funding for the
13 Project be increased from $300,000 to $375,000, as requested by the District due to increased
14 construction costs; and
15 WHEREAS, there is an additional $75,000 in CDBG funds that may be made available to
16 the District for the Project this fiscal year; and"
17 2. The proposed Project budget on Page 3, Lines 2 through 4, is amended to read:
18 "Construction $275,100
Design & Construction Engineering 50,000
19 Contingency, Permits & Misc. 49,900
20 Total $375,000"
21 3. The proposed funding summary for the Project on Page 3, Lines 11 through 12, is
22 amended to read:
23 "CDBG $375,000
Local Financial Contribution 0
24 Total $375,000"
25 4. That the dollar figure set forth on Page 3, Line 7; Page 3, Line 25; and Page 5, Line
26 12, is amended in each such place to read "$375,000".
27 5. Electronic Signatures. The parties agree that this Amendment I may be executed
28 by electronic signature as provided in this section.
2
1 (A) An "electronic signature" means any symbol or process intended by an
2 individual signing this Amendment I to represent their signature, including but not limited to (1) a
3 digital 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 (8) Each electronic signature affixed or attached to this Amendment 1 (1) is
7 deemed equivalent to a valid original handwritten signature of the person signing this Agreement
8 for all 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 of
10 that person.
11 (C) The provisions of this section satisfy the requirements of Civil Code section
12 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2,
13 Title 2.5, beginning with section 1633.1).
14 (D) Each party using a digital signature represents that it has undertaken and
15 satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
16 through (5), and agrees that each other party may rely upon that representation.
17 (E) This Amendment I is not conditioned upon the parties conducting the
18 transactions under it by electronic means and either party may sign this Amendment I with an
19 original handwritten signature.
20 6. County and District agree that this Amendment I is sufficient to amend the Agreement,
21 and that upon execution of this Amendment I, the Agreement and this Amendment I together shall
22 be considered the Agreement.
23 The Agreement, as hereby amended, is ratified and continued. All remaining provisions,
24 terms, covenants, conditions, and promises contained in the Agreement shall remain in full force
25 and effect.
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1 IN WITNESS WHEREOF, the parties have executed this Amendment I as of the day and year
2 first hereinabove written.
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4
BIOLA COMMUNITY SERVICES DISTRICT COUNTY OF FRESNO
5
6 �--
7 Jenni r Duarte, Board President Ernest Buddy Mendes, ChcAfman of the
Board of Supervisors of the
8 County of Fresno
9 Date: 112'Z Zy Date: / - ' z oa s-
10
ATTEST:
11 Bernice E. Seidel
12 Clerk of the Board of Supervisors
County of Fresno, State of California
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14
Deputy
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REMIT TO:
20 FUND NO: 0001
SUBCLASS NO: 10000 Biola Community Services District
21 ORG NO: 7205 Attn: Elaine Cervantes, General Manager
ACCOUNT NO: 7885 P.O. Box 57
22 PROJECT NO: N21032 Biola, CA 93606
ACTIVITY CODE: 7219 Telephone: (559) 843-2657
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2 G G:V205ComDev\-Agendas-Agreementst2024\1217 Amend I to Biota Groundwater Recharge 21032 AGT.docx
�J October 14,2024
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