HomeMy WebLinkAboutAgreement A-23-494 Amendment No. 1 to Agreement 23-056 with Care Fresno.pdf Agreement No. 23-494
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 September 19, 2023 and is between Care Fresno, Inc., a California nonprofit 501(c)(3) corporation
5 whose address is 1940 N. Fresno St., Fresno, CA 93703 ("SUBRECIPIENT"), and the County of
6 Fresno, a political subdivision of the State of California ("COUNTY").
7 Recitals
8 A. On March 11, 2021, the President signed into law the American Rescue Plan Act of 2021
9 ("ARPA") which established the Coronavirus State and Local Fiscal Recovery Funds ("SLFRF")
10 Program.
11 B. The ARPA authorizes the County to expend SLFRF awarded to the County for certain eligible
12 purposes, including to respond to the negative economic impacts of the COVID-19 pandemic on
13 housing security for disproportionately impacted communities.
14 C. On February 7, 2023, the COUNTY and the SUBRECIPIENT entered into County agreement
15 number 23-056 ("Agreement"), to address the negative economic impacts of the pandemic for the
16 implementation of the SUBRECIPIENT's four programs: 1) Care Club After-School Program, 2) GED
17 Prep Class, 3) Youth Sports Program, and 4) Adult Sports Program, consisting of expenditures including
18 personnel salaries and benefits, program supplies, transportation, recreational activities, and indirect
19 costs to operate the four programs from July 1, 2022, through December 31, 2024.
20 D. The SUBRECIPIENT represents that since the Agreement was executed, the precise structure
21 of the budgets have created an undue hardship in the administration of the grant funds, as the monthly
22 line-item descriptions are too specific and rigid and limit the SUBRECIPIENT's ability to recover actual
23 expenses that surpass the monthly limits necessary to implement the SUBRECIPIENT's Program.
24 Furthermore, the SUBRECIPIENT represents that the current descriptions of the budget line items have
25 impacted the SUBRECIPIENT's ability to recover actual costs that would otherwise be reimbursed by
26 the SLFRF Program.
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1 E. The SUBRECIPIENT represents that the Program would benefit from a modification to the
2 current Expenditure Plan to reflect the Program's actual expenditures more accurately, rather than the
3 projected categorical uses currently presented in Exhibit B of the Agreement.
4 F. The COUNTY and the SUBRECIPIENT now desire to amend the Agreement to revise the
5 Program's Expenditure Plan and allow the County's Administrative Officer or designee to approve minor
6 budgetary modifications as needed and appropriate.
7 The parties, therefore, agree as follows:
8 1. This Amendment No. 1 shall take effect retroactive to the Effective Date of the Agreement,
9 February 7, 2023.
10 2. Section 1(D) of the Agreement, located at page 4, lines 1 through 9, is deleted in its entirety and
11 replaced with the following:
12 "SUBRECIPIENT represents that it intends to use SLFRF to address the negative economic impacts
13 of the pandemic, including disruptions to learning, childcare, and educational disparities, through the
14 Program, which provides participants access to mentorship, educational, and recreational activities:
15 1) Care Club After-School Program, 2) GED Prep Class, 3)Youth Sports Mentoring, and 4) Adult
16 Sports Mentoring. SLFRF provided under this Agreement will reimburse SUBRECIPIENT for eligible
17 expenditures paid since July 1, 2022, and help fund operational expenses for the continued
18 implementation of the SUBRECIPEINT's four programs, consisting of expenditures related to
19 personnel salaries and benefits, program supplies, transportation, recreational activities, and indirect
20 costs, as shown on Table 1-2 and 2-2 of Exhibit B, attached and incorporated by this reference."
21 3. All references to "Exhibit B" in the Agreement shall be amended to refer to "Revised Exhibit B."
22 Revised Exhibit B is attached to this Amendment No. 1 and incorporated by this reference.
23 4. Section 15, Modification, of the Agreement, located on page 17, lines 4 through 5, is deleted in
24 its entirety, and replaced with the following:
25 "Any matters of this Agreement may be modified from time to time by the written consent of all the
26 parties without, in any way, affecting the remainder. Changes to line items, as set forth in Revised
27 Exhibit B, that, when added together during the term of the Agreement do not exceed five percent
28 (5%) of the total maximum compensation payable to SUBRECIPIENT, may be made with the written
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1 approval of SUBRECIPIENT and COUNTY's Administrative Officer or designee. These
2 modifications shall not result in any change to the maximum compensation amount payable to
3 SUBRECIPIENT, as described in this Agreement."
4 5. When both parties have signed this Amendment No. 1, the Agreement and this Amendment No.
5 1 together constitute the Agreement.
6 6. The SUBRECIPIENT represents and warrants to the County that:
7 a. The SUBRECIPIENT is duly authorized and empowered to sign and perform its obligations
8 under this Amendment No. 1.
9 b. The individual signing this Amendment No. 1 on behalf of the SUBRECIPIENT is duly
10 authorized to do so and his or her signature on this Amendment No. 1 legally binds the
11 SUBRECIPIENT to the terms of this Amendment No. 1.
12 7. The parties agree that this Amendment No. 1 may be executed by electronic signature as
13 provided in this section.
14 a. An "electronic signature" means any symbol or process intended by an individual signing this
15 Amendment No. 1 to represent their signature, including but not limited to (1) a digital
16 signature; (2) a faxed version of an original handwritten signature; or (3) an electronically
17 scanned and transmitted (for example by PDF document) version of an original handwritten
18 signature.
19 b. Each electronic signature affixed or attached to this Amendment No. 1 is deemed equivalent
20 to a valid original handwritten signature of the person signing this Amendment No. 1 for all
21 purposes, including but not limited to evidentiary proof in any administrative or judicial
22 proceeding, and (2) has the same force and effect as the valid original handwritten signature
23 of that person.
24 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
25 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title
26 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 satisfied the
2 requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5),
3 and agrees that each other party may rely upon that representation.
4 e. This Amendment No. 1 is not conditioned upon the parties conducting the transactions under
5 it by electronic means and either party may sign this Amendment No. 1 with an original
6 handwritten signature.
7 8. This Amendment No. 1 may be signed in counterparts, each of which is an original, and all of
8 which together constitute this Amendment No. 1.
9 9. The Agreement as amended by this Amendment No. 1 is ratified and continued. All provisions of
10 the Agreement and not amended by this Amendment No. 1 remain in full force and effect.
11 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory clause.
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3 SUBRECIPIENT COUNTY OF FRESNO
4 J4 -'
Mark Carlson, Executive Director S,61 Q i ter Chairman of the Board of
5 Care Fresno, Inc. Step is s of the County of Fresno
6 Attest:
Mailing Address: Bernice E. Seidel
7 Care Fresno, Inc. Clerk of the Board of Supervisors
1940 N. Fresno Street County of Fresno, State of California
8 Fresno, CA 93703
9 By:
10 Deputy
For accounting use only:
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Org: 1033
12 Fund: 0026
Subclass. 91021
13 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 the Effective Date of this
5 Agreement, SUBRECIPIENT may make one (1) drawdown request to a maximum of forty-five thousand
6 dollars ($45,000), equivalent to fifteen percent (15%) of the Program's total budgeted amount
7 ($300,000), to cover eligible expenditures in support of the Program. The first drawdown request from
8 SUBRECIPIENT to the COUNTY shall also be accompanied by a written certification from the
9 SUBRECIPIENT that the drawdown request for payment is consistent with the amount of work
10 scheduled to be performed or materials to be purchased with the amount of funding being requested
11 from the COUNTY. Drawdown requests shall detail purchase orders, receipts, and reimbursement
12 requests, detailing items purchased, and expenses incurred or anticipated to be incurred in support of
13 the Program for items listed in Table 1-1 of the Revised Exhibit B of this Agreement.
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B-1
1 Table 1-1, Revised Exhibit B
2 Expenditure Plan
3 Revised Exhibit B
4 Revised Table 1-1,Expenditure Plan
5 Line Item FY22-23 FY23-24 7/1/24 12/31/to to Totals Budget Narative
STAFFING
6 Youth Programs Manager Expenditures for Salaries and
7 $13,500.00 $13,500.00 $ 6,750.00 $ 33,750.00 Benefits
GED Program Manager Expenditures for Salaries and
8 $18,150.00 $18,150.00 $10,044.00 $ 46,344.00 Benefits
Executive Director Expenditures for Salaries and
9 $15,000.00 $15,000.00 $ 7,500.00 $ 37,500.00 Benefits
10 Care Club Site Leads Expenditures for Salaries and
$40,800.00 $40,800.00 1 $20,400.00 $102,000.00 Benefits
11 Staffing Totals: $219,594.00
PROGRAM SUPPLIES
12 Chromebook Replacements Costs include shipping,tax
13 $ 4,100.00 $ 4,100.00 $ 4,050.00 $ 12,250.00 and recycle fees
Headphones for Chromebooks $ 360.00 $ 360.00 $ 180.00 $ 900.00 Costs include tax and shipping
14 Program and Sports Supplies all supplies to support the
$ 2,400.00 $ 2,400.00 $ 1,200.00 1 $ 6,000.00 Iprograms
15 Classroom Furniture $ 3,000.00 $ - $ - 1 $ 3,000.00 JAfter school and GED facilities
16 Program Supplies Totals: $ 22,150.00
TRANSPORTATION AND ACTIVITIES
17 Transportation Costs $ 2,267.50 $ 2,268.00 $ 2,258.00 $ 6,793.50 Transport Youth participants
Entrance Fees $ 4,500.00 $ 4,500.00 $ 2,250.00 $ 11,250.00 in support of the programs
18 Training/Lesson Costs $ 3,437.50 $ 3,437.50 $ 3,437.50 $ 10,312.50 Costs for all sports lessons
Transportation and Activities Totals: $ 28,356.00
19 INDIRECT COSTS
20 Per Uniform Guidance 2 CFR 200:
May include but is not limited to,
21 Indirect Costs $10,575.00 $10,575.00 $ 8,750.00 $ 29,900.00 janitorial,internet,utilities,
Insurance,admin/compliance
22 costs,etc.
Indirect Costs Total: $ 29,900.00
23 • $30o,000Ao
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1 Revised Exhibit B
2 Drawdown Request Form
3 Date:
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County of Fresno
5 ARPA- SLFRF Coordinator
2281 Tulare Street, Room 304
6 Fresno, CA 93721
7 Subject: Drawdown Request for
8 Subrecipient Program Subrecipient Name
9 In accordance with the executed Agreement for the above-referenced Program, the
10 [SUBRECIPIENT NAME] is requesting drawdown payment of$ 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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