HomeMy WebLinkAboutAgreement A-23-529 Amendment No. 1 to Agt. 23-216 with Poverello House.pdf Agreement No. 23-529
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 October 10, 2023 and is between Poverello House, a California nonprofit 501(c)(3) corporation
5 whose address is 412 F Street, Fresno, CA 93706 ("SUBRECIPIENT"), and the County of Fresno, a
6 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. The ARPA authorizes the County to expend SLFRF awarded to the County for certain eligible
11 purposes, including responding to the negative economic impacts of the COVID-19 pandemic on the
12 facilities primarily dedicated to addressing food insecurity of the most vulnerable populations.
13 B. On May 9, 2023, the COUNTY and SUBRECIPIENT entered into County agreement number 23-
14 216 ("Agreement"), intended to provide funding assistance for the construction and planned tenant
15 improvements to remodel the SUBRECIPIENT's 30-year old kitchen, help increase operational
16 efficiencies and capacity to feed the homeless and individuals experiencing food insecurity, expand its
17 workforce training programs, and to enable the SUBRECIPIENT's meal programs to reach food deserts
18 throughout rural Fresno County, and will be responsive to the negative social impacts exacerbated by
19 the public health emergency.
20 C. The SUBRECIPIENT represents that during the pandemic, its kitchen reached its maximum
21 capacity to effectively meet the increasing demand for daily meals in the community. The kitchen
22 renovation project will maximize use of the existing space, will help accommodate additional staff and
23 volunteers, and would allow for new commercial equipment to be acquired by the SUBRECIPIENT so it
24 can increase the daily volume of meals produced by SUBRECIPIENT that benefit individuals
25 experiencing food insecurity.
26 D. The SUBRECIPIENT represents that since the Agreement was executed, there has been
27 additional financial need to implement the Project due to SUBRECIPIENT not securing additional
28 funding for the project to remodel its kitchen. The Subrecipient applied to the County for additional
1
1 funding during the second-round open application solicitation period to request additional SLFRF
2 support from the County.
3 E. On August 22, 2023, the Board of Supervisors approved the Second Round Award List which
4 included one million five hundred thousand dollars ($1,500,000) in additional SLFRF funding for the
5 Poverello House Kitchen Remodel, which covers costs related to general improvement requirements,
6 planning, site work, concrete and masonry works, new foundation, plumbing improvements, purchase of
7 materials, doors and windows, finishing items, specialty items, equipment, mechanical and electrical
8 improvements in support of the new culinary services facility.
9 F. The SUBRECIPIENT represents that since Agreement 23-216 was executed, the Expenditure
10 Plan, which listed projected costs for the remodel, no longer accurately reflects the actual costs for
11 funding the program, which are significant and justifiably reimbursable expenditures to the Program. The
12 SUBRECIPIENT would benefit by being able to recover some of those costs in support of the kitchen
13 remodel project.
14 G. The COUNTY and the SUBRECIPIENT now desire to amend the Agreement to increase total
15 funding under the Program, revise the Program's Expenditure Plan, and allow the COUNTY's
16 Administrative Officer or designee to approve minor budgetary modifications as needed and appropriate.
17 The parties, therefore, agree as follows:
18 1. Page 1, lines three through six are deleted and replaced with the following:
19 "THIS AGREEMENT ("Agreement") is made and entered into this day of October 2023, by
20 and between the COUNTY OF FRESNO, a political subdivision of the state of California
21 ("COUNTY"), and Poverello House, a California 501(c)(3) nonprofit corporation whose address is
22 412 F Street, Fresno, CA 93706 ("SUBRECIPIENT")."
23 2. Section 13, Grant Funding/Compensation, of the Agreement, located on page 17, all references
24 to "one million dollars ($1,000,000)" shall be amended to refer to "two million five hundred thousand
25 dollars ($2,500,000)."
26 3. All references to "Exhibit B" in the Agreement shall be amended to refer to "Revised Exhibit B."
27 Revised Exhibit B, together with the revised Table 1-1, is attached to this Amendment No. 1 and
28 incorporated by this reference.
2
1 4. All references to "Exhibit C" in the Agreement shall be amended to refer to "Revised Exhibit C."
2 Revised Exhibit C is attached to this Amendment No. 1 and incorporated by this reference.
3 5. Section 15, Modification, of the Agreement, located on page 19, lines 22 through 23, is deleted in
4 its entirety, and replaced with the following:
5 "Any matters of this Agreement may be modified from time to time by the written consent of all the
6 parties without, in any way, affecting the remainder. Changes to line items, as set forth in Revised
7 Exhibit B, that, when added together during the term of the Agreement do not exceed ten percent
8 (10%) of the total maximum compensation payable to SUBRECIPIENT, may be made with the
9 written approval of SUBRECIPIENT and COUNTY's Administrative Officer or designee. These
10 modifications shall not result in any change to the maximum compensation amount payable to
11 SUBRECIPIENT, as described in this Agreement."
12 6. All references to "Exhibit C" in the Agreement shall be amended to refer to "Revised Exhibit C."
13 Revised Exhibit C is attached to this Amendment No. 1 and incorporated by this reference.
14 7. When both parties have signed this Amendment No. 1, the Agreement and this Amendment No.
15 1 together constitute the Agreement.
16 8. The Subrecipient represents and warrants to the County that:
17 a. The SUBRECIPIENT is duly authorized and empowered to sign and perform its obligations
18 under this Amendment No. 1.
19 b. The individual signing this Amendment No. 1 on behalf of the SUBRECIPIENT is duly
20 authorized to do so and his or her signature on this Amendment No. 1 legally binds the
21 SUBRECIPIENT to the terms of this Amendment No. 1.
22 9. The parties agree that this Amendment No. 1 may be executed by electronic signature as
23 provided in this section.
24 a. An "electronic signature" means any symbol or process intended by an individual signing this
25 Amendment No. 1 to represent their signature, including but not limited to (1) a digital
26 signature; (2) a faxed version of an original handwritten signature; or (3) an electronically
27 scanned and transmitted (for example by PDF document) version of an original handwritten
28 signature.
3
1 b. Each electronic signature affixed or attached to this Amendment No. 1 is deemed equivalent
2 to a valid original handwritten signature of the person signing this Amendment No. 1 for all
3 purposes, including but not limited to evidentiary proof in any administrative or judicial
4 proceeding, and (2) has the same force and effect as the valid original handwritten signature
5 of that person.
6 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
7 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title
8 2.5, beginning with section 1633.1).
9 d. Each party using a digital signature represents that it has undertaken and satisfied the
10 requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5),
11 and agrees that each other party may rely upon that representation.
12 e. This Amendment No. 1 is not conditioned upon the parties conducting the transactions under
13 it by electronic means and either party may sign this Amendment No. 1 with an original
14 handwritten signature.
15 10. This Amendment No. 1 may be signed in counterparts, each of which is an original, and all of
16 which together constitute this Amendment No. 1.
17 11. The Agreement as amended by this Amendment No. 1 is ratified and continued. All provisions of
18 the Agreement and not amended by this Amendment No. 1 remain in full force and effect.
19 [SIGNATURE PAGE FOLLOWS]
20
21
22
23
24
25
26
27
28
4
1 The parties are signing this Amendment No. 1 on the date stated in the introductory clause.
2
SUBRECIPIENT COUNTY OF FRESNO
4
Zmaef�ary D. Darrah, Chi cutive Officer S4f CyinferoNhairman of the Board of
5 Poverello House SL%poAtis6csof the County of Fresno
6 Attest:
Mailing Address: Bernice E. Seidel
7 Poverello House Clerk of the Board of Supervisors
412 F Street County of Fresno, State of California
8 Fresno, CA 93706
9 By: z lr 11"�
Deputy
10
For accounting use only:
11
Org: 1033
12 Fund: 0026
Subclass: 91021
13 Account: 7845
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
Revised Exhibit B
1 Revised Exhibit B
2 Subrecipient Expenditure Plan
3 SLFRF to be granted by the COUNTY to SUBRECIPIENT for the Program shall not
4 exceed two million five hundred thousand dollars ($2,500,000) to help fund construction costs for
5 tenant improvements that will remodel the SUBRECIPIENT's commercial kitchen consisting of
6 the following: general improvement requirements, planning, site work, concrete and masonry
7 works, new foundation, plumbing improvements, purchase of materials, doors and windows,
8 finishing items, specialty items, equipment, mechanical and electrical improvements in support of
9 a new culinary services facility designed to provide workforce training and will increase capacity
10 to continue serving the community for the next three decades and would benefit individuals
11 experiencing food insecurity or homelessness in the County of Fresno. SUBRECIPIENT shall
12 submit written drawdown requests for the payment of eligible necessary expenses in support of
13 the Program. Drawdown requests for the COUNTY to make such payments shall be in
14 accordance with the sample Drawdown Request Form, attached as Revised Exhibit B and
15 incorporated by this reference. Drawdown requests shall include copies of purchase orders,
16 receipts, and reimbursement requests, detailing items purchased, and expenses incurred or
17 anticipated to be incurred in support of the Program for eligible items listed in Table 1-1 of Revised
18 Exhibit B of this Agreement.
19
20
21
22
23
24
25
26
27
28
B-1
Revised Exhibit B
1
Table 1-1, Expenditure Plan
2
3 MW Expenditure Plan for Poverello House
ARPA Grant 2nd Round
4 Total Quoted
ne Costs for Kitchen Homelessness Expenditure
5 rategory Remodel
Includes but is not limited to Insurance,Project
6 General Coordination,Supervision,Labor,Testing,Storage,
1 Requirements $ 164,085.07 $ 40,603.00 $ 123,482.07 Temporary Utilities,Rental Equipment,Travel,
7 Temporary Phone,Portable Toilets,Trash Bins,
Fencing,Material,or Clean-up costs
8 2 Sitework $ 73,375.00 $ 53,375.00 $ 20,000.00 Includes but is not limited to Sitework Abatement and
related costs
9 3 Concrete $ 42,030.00 $ 42,030.00 Includes but is not limited to Concrete Slab
10 4 Masonry $ 9,950.00 $ 9,950.00 Includes but is not limited to CMU and Stone Work
11 5 Metals $ 93,111.00 $ 93,111.00 Includes but is not limited to Materials such as Steel,
Metal Fabrications,Stainless Steel Wall Wainscot
12 Woods and 6 plastics Includes but is not limited to Rough Carpentry-Roof
13 $ 84,600.00 $ 19,785.00 $ 64,815.00 Sheathingw.Plywood,Mechanical Wood Curbs,Web
Truss Modifications,Structural Roof Upgrades
14 7 Thermal/Moisture $ 110,800.00 $ 15,000.00 $ 95,800.00 Insulation,Membrane Roofing
Protection
15 8 $ 37,175.67 $ 37,175.67
Doors and Includes but is not limited to Metal Doors and Frames,
Windows Special Doors Stainless RUD
Includes but is not limited to Gypsum Board/Metal
16 9 Finishes $ 182,658.00 $ 33,853.00 $ 148,805.00 Studs,Tile/Epoxy Grout figured,Suspended Cielings,
Painting,FRP Wainscot
17 Includes but is not limited to Toilet partitions-Kitchen
18 10 Specialties $ 10,375.00 $ 10,375.00 Restrooms,IdentifyingDevices-InteriorHCSignage,
Fire Protection Specialties,Toilet and Bath Accessories
19 11 Equipment $ 785,257.43 $ 471,206.00 $ 314,051.43 Includes but is not limited to Kitchen Equipment and
appliances
20 Includes but is not limited to Fire Protection,
15 Mechanical $ 448,664.40 $ 157,037.00 $ 291,627.40 Plumbing,Heating,Ventilation,Air-
21 Conditioning,Controls-Annul Systems
16 Electrical $ 353,923.53 $ 209,141.00 $ 144,782.53 Includes but is not limited to Basic Electrical Materials
22 1and Methods,POS/Inventory Tracking
17
General and $ 187,174.35 - $ 187,174.35 Includes but is not limited to Administration and
23 Administration Contractor Administration Costs
$ 2,583,179.45 $ 1,000,000.00 $1,583,179.45
24
*Note:the ARPA Grant is Amended for an increase of$1,500,000
25 which provides a total of$2,500,000.$1,000,000 under Homelessness
initiatives,$1,500,000through an open 2nd round of funding.
26 The difference of$83,179.45 will be paid by Poverello House.
27
28
B-2
Revised Exhibit B
1
2 Revised Exhibit B
3 Drawdown Request Form
4 Date:
5
County of Fresno
6 ARPA- SLFRF Coordinator
2281 Tulare Street, Room 304
7 Fresno, CA 93721
8 Subject: Drawdown Request for
g Subrecipient Subrecipient Name
10 In accordance with the executed Agreement for the above-referenced Program, the
11 [SUBRECIPIENT NAME] is requesting drawdown payment of$ in support of the
12 Program.
13 The [SUBRECIPIENT NAME] certifies that this request for payment is consistent with the
14 amount of work that has been completed to date, detailing items purchased, and expenses
15 incurred or anticipated to be incurred in support of the Program in accordance with the
16 Subrecipient Expenditure Plan (Revised Exhibit B, Table 1-1) documented in the executed
17 Agreement, and as evidenced by the enclosed invoices and supporting documents.
18 Payee Invoice #/ Contract# Amount
19
20
21
22
23 Sincerely,
24
25 [Subrecipient Officer]
26 [Subrecipient Name]
27 Enclosure(s)
28
B-3
Revised Exhibit C
1
2 Revised Exhibit C
3 Subrecipient Quarterly Program Expenditure Report (Template)
4 PROGRAM
Unique Entity Identifier UEI : Agreement Number:
5 Name of Entity: Program Name:
6 Reporting Period State Date: Reporting Period End Date:
7 Expenditure Category: 1 Public Health
8 Total Award: $2,500,000 Remaining Balance:
9
10 EXPENDITURES
Category
11 Expenditures Obligations Period Period
Obligationsto date ($) to date ($) Expenditures
12 1 Other
13 1.14 Other Public
Health Services
14
15 TOTAL
16 Describe program achievements and upcoming milestones:
17
18
Quarterly Status Report, select one:
19 Not started
Completed less than 50 percent
20 Completed more than 50 percent
21 Completed
22 PROJECT STATUS
23
24
AUTHORIZED SIGNATURE
25
26 Signature Date
Prepared
27 by
(Print name)
28
C-1
Revised Exhibit C
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
C-1