HomeMy WebLinkAboutAgreement A-24-066 Amend. No. 1 to Agt. 22-128 Calwa Rec. Park District.pdf Agreement No. 24-066
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 February 6, 2024 and is between Calwa Recreation and Park District, a special district in the
5 County of Fresno formed under Chapter 4 of Division 5 of the California Public Resources Code, with a
6 district office located at 4545 East Church Avenue, Fresno CA 93725 ("Subrecipient"), and the County of
7 Fresno ("County"), a political subdivision of the State of California.
8 Recitals
9 A. On March 11, 2021, the President signed into law the American Rescue Plan Act of 2021
10 ("ARPA") which established the Coronavirus State and Local Fiscal Recovery Funds ("SLFRF")
11 Program.
12 B. The ARPA authorizes the County to expend SLFRF for certain eligible purposes, including
13 responding to the public health emergency or its negative economic impacts from the COVID-19
14 pandemic, including disproportionately impacted communities for the improvement of health outcomes
15 and public safety, such as parks, recreation facilities, and programs that increase healthier living
16 environments.
17 C. On February 1, 2022, the Board of Supervisors approved the Ad-Hoc Committee's
18 recommended ARPA expenditure plan which earmarked a funding commitment of$675,000 for the
19 Subrecipient to receive for Community Center Improvements, including broadband connectivity.
20 D. On April 5, 2022, the County and Subrecipient entered into County agreement number 22-128
21 ("Agreement"), to assist the Subrecipient with the purchase and installation of pool pumps and filtration
22 equipment, showers, restrooms, a perimeter fence, and a shade structure for an activity area in support
23 of the Subrecipient's efforts to reopen its outdoor community pool. The Subrecipient represents that
24 reopening the pool will increase recreational space and community wellness and provide a healthier
25 living environment within the community of Calwa, an area that has been disproportionately impacted by
26 the COVID-19 pandemic.
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1 E. At the time of approval of the Agreement, the Subrecipient still needed additional time to develop
2 a scope of work for the remaining earmarked $400,000, which was planned to fund the Calwa
3 Community Center's connectivity to high-speed broadband.
4 F. The Subrecipient represents that since Agreement 22-128 was executed, there have been
5 increases in material cost and increasingly tight labor markets in the pool building sector, which have
6 increased the overall pool project cost. The Subrecipient completed a request for proposals for site and
7 blueprint updates, planning and design, and consultation services, which determined that initial
8 construction estimates will exceed the current funding availability provided in the Agreement.
9 G. The Subrecipient represents that while the Calwa Community Center's connectivity to high-
10 speed broadband is still an essential project, on December 19, 2023, the Subrecipient's Board of
11 Directors designated the reopening of the outdoor community pool as its top priority. On December 20,
12 2023, the Subrecipient informed the County of its need and request to use the County's earmarked
13 funding commitment of$675,000 to help fund necessary construction costs to complete the pool project,
14 and delay the broadband project until another source of funding can be identified by the Subrecipient.
15 H. The Subrecipient represents that the Program would benefit from a modification to the
16 Expenditure Plan, which would reduce the Subrecipient's administrative burden to recover allowable
17 costs for allocated line items even if they change during the construction process.
18 I. The Revised Expenditure Plan will correct the prior cost allocations, which included pool coping,
19 pool concrete, plaster, fence, pool pump equipment, a shade structure, and two restrooms remodels for
20 ADA compliance; the Revised Expenditure plan will instead allocate funding resources to align with the
21 requirements of the engineering study which include the following allocation categories: project
22 design/construction documents, environmental documents, advertisement/bid support, construction
23 review and administration, construction, which includes but is not limited to labor, materials and
24 equipment, plumbing, electrical, pool cooping, concrete, pool pumps and filtration systems, showers,
25 restroom, perimeter fencing, an outdoor deck with shaded areas and picnic tables for activities, ADA
26 improvements, and project contingency. The Revised Table 1-1 of Exhibit B will redefine the program
27 budget and increase funding availability to ensure completion of the pool project by adding in the
28 additional funding of$400,000, according to estimated construction costs.
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1 J. The County and the Subrecipient desire to amend the Agreement to revise the Program's
2 Expenditure Plan and allow the County's Administrative Officer or his/her designee to approve minor
3 budgetary modifications as necessary and appropriate.
4 The parties, therefore, agree as follows:
5 1. This Amendment No. 1 shall be retroactive to the Effective Date of the Agreement, April 5, 2022.
6 2. The Agreement Recital on page 2, lines 3 through 8, is deleted in its entirety, and replaced with
7 the following:
8 " WHEREAS, the SUBRECIPIENT represents that SLFRF provided under this Agreement will fund the
9 construction, repairs, and equipment for the reopening of the outdoor community pool, which includes,
10 but is not limited to costs related to project design/construction documents, environmental documents,
11 advertisement/bid support, construction review and administration, construction, which includes but is
12 not limited to labor, materials and equipment, plumbing, electrical, pool cooping, concrete, pool pumps
13 and filtration systems, showers, restroom, perimeter fencing, an outdoor deck with shaded areas and
14 picnic tables for activities, ADA improvements, and project contingency, in support of the Subrecipient's
15 effort to reopen its outdoor community pool, which will increase recreational space and community
16 wellness, and provide a healthier living environment within the community of Calwa, an area that has
17 been disproportionately impacted by the COVID-19 pandemic; and"
18 3. All references to "Exhibit B" in the Agreement shall be amended to refer to "Revised Exhibit B."
19 Revised Exhibit B is attached to this Amendment No. 1 and incorporated by this reference.
20 4. Subsection A of Section 13, GRANT FUNDING/COMPENSATION, of the Agreement located on
21 page 14, line 12, through page 15, line 7, is deleted in its entirety, and replaced with the following:
22 A. "The parties understand that funding for this Agreement is SLFRF provided pursuant to
23 ARPA, codified at Title 31 CFR Part 35, and any amendments thereafter. County agrees to grant
24 Subrecipient, and Subrecipient agrees to receive such grants, up to the total SLFRF grant, in an
25 amount not to exceed six hundred seventy-five thousand dollars ($675,000).
26 It is expressly agreed and understood that the total amount of SLFRF to be granted by
27 County to Subrecipient for the construction, repairs, and equipment need for the reopening of the
28 community pool, which includes but is not limited to costs related to project design/construction
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1 documents, environmental documents, advertisement/bid support, construction review and
2 administration, construction which includes but is not limited to labor, materials and equipment,
3 plumbing, electrical, pool cooping, concrete, pool pumps and filtration systems, showers,
4 restroom, perimeter fencing, an outdoor deck with shaded areas and picnic tables for activities,
5 ADA improvements, and project contingency, in support of the reopening of the community pool
6 shall not exceed six hundred seventy-five thousand dollars ($675,000). Payment requests for
7 eligible necessary expenses shall detail purchase orders, receipts, and reimbursement requests,
8 detailing items purchased, and expenses incurred or anticipated to be incurred in support of the
9 Program items listed in Revised Exhibit B of this Agreement. In the first fourteen (14) days
10 following the Effective Date of this Agreement, Subrecipient may make payment requests to a
11 maximum of$337,500, which is one-half of the Program's total budgeted amount ($675,000), to
12 cover eligible expenditures in support of the Program.
13 Subrecipient must work to minimize the time between the request from the County and
14 the disbursement of funds to meet the Program needs. Subrecipient shall provide County copies
15 of purchase orders, invoices, and contracts for the construction, repair, and equipment for the
16 reopening of the community pool. Upon receipt of documentation acceptable to the County,
17 County shall grant SLFRF to Subrecipient. The Subrecipient is responsible for monitoring the
18 Program's cash flow needs and submitting payment requests to the County in a timely manner to
19 assure adequate coverage of Program needs. It is understood that all expenses incidental to
20 Subrecipient's performance of services in carrying out its Program under this Agreement shall be
21 borne by Subrecipient."
22 5. Subsection C of Section 13, GRANT FUNDING/COMPENSATION, of the Agreement located on
23 page 15, lines 12 through 17, is deleted in its entirety, and replaced with the following:
24 "Subrecipient shall submit documentation to the County of Fresno, County Administrative Office
25 located at 2281 Tulare, Room 304, Fresno, CA 93721, or electronically, to e-mail address
26 fresnocaomtresnocountyca.go�. Payment by County shall be in arrears for services provided
27 during the preceding period of time, within forty-five (45) days from date of receipt, verification,
28 and approval of Subrecipient's invoice and supporting documentation by County. Requests for
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1 advancement of funds for anticipated eligible expenditures shall also be accompanied by a
2 written certification from the Subrecipient consistent with the amount of work scheduled to be
3 performed or materials to be purchased with the amount of funding being requested from the
4 County, and that the payment request is in accordance with the Program, Table 1-1 of Revised
5 Exhibit B of this Agreement. After appropriate review and inspection of the payment request for
6 advanced funding, the County shall make the payment available to Subrecipient, less any
7 amounts outstanding for which prior advanced funds have not been fully expended or accounted
8 with supporting documentation. If Subrecipient fails to comply with any provision of this
9 Agreement, County shall be relieved of its obligations for further compensation."
10 6. Section 15, MODIFICATION, of the Agreement, located on page 16, line 28 through page 17,
11 Line 1, is deleted in its entirety, and replaced with the following:
12 "Any matters of this Agreement may be modified from time to time by the written consent of all
13 the parties without, in any way, affecting the remainder. Changes to line items, as set forth in
14 Revised Exhibit B, that, when added together during the term of the Agreement do not exceed
15 ten percent (10%) of the total maximum compensation payable to Subrecipient, may be made
16 with the written approval of SUBRECIPIENT and County's Administrative Officer or designee.
17 These modifications shall not result in any change to the maximum compensation amount
18 payable to Subrecipient, as described in this Agreement."
19 7. A portion of Section 17, HOLD HARMLESS, of the Agreement, located on page 17, lines 5
20 through 13, is deleted and replaced with the following:
21 "The SUBRECIPIENT shall indemnify and hold harmless and defend the County (including its
22 officers, agents, employees, and volunteers) against all claims, demands, injuries, damages,
23 costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to
24 the County, the SUBRECIPIENT, or any third party that arise from or relate to the performance
25 or failure to perform by the SUBRECIPIENT (or any of its officers, agents, subcontractors, or
26 employees) under this Agreement. The County may conduct or participate in its own defense
27 without affecting the SUBRECIPIENT's obligation to indemnify and hold harmless or defend the
28 County."
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1 8. A portion of Section 21, NOTICES, of the Agreement located on page 21, lines 13 through 16, is
2 amended to update the Subrecipient's contact information as follows:
3 Subrecipient
Calwa Recreation and Park District
4 4545 East Church Avenue
5 Fresno, CA 93725
Attn: District Administrator
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9. A portion of Exhibit A, Program Description of the Agreement, located on page 25, lines 7
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through 12, is deleted, and replaced with the following:
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"Subrecipient intends to use SLFRF to fund the construction, repair, and equipment for the
9
reopening of the community pool, which includes but is not limited to costs related to project
10
design/construction documents, environmental documents, advertisement/bid support,
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construction review and administration, construction, which includes but is not limited to labor,
12
materials and equipment, plumbing, electrical, pool cooping, concrete, pool pumps and filtration
13
systems, showers, restroom, perimeter fencing, an outdoor deck with shaded areas and picnic
14
tables for activities, ADA improvements, and project contingency, in support of the Subrecipient's
15
effort to reopen its outdoor community pool, which has been inoperable for over 20 years, and
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which will increase recreational space and community wellness, and provide a healthier living
17
environment within the community of Calwa, an area that has been disproportionately impacted
18
by the COVID-19 pandemic. Upon completion, the community pool shall be available for use by
19 members of the community at minimal to no cost. The community pool will also be available to
20
book for private events such as birthday parties for a nominal fee, in accordance with the
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Subrecipient's rental procedures and fee structure."
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10. When both parties have signed this Amendment No. 1, the Agreement and this Amendment No.
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1 together constitute the Agreement.
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11. When both parties have signed this Amendment No. 1, the Agreement and this Amendment No.
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1 together constitute the Agreement.
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12. The Subrecipient represents and warrants to the County that:
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1 a. The Subrecipient is duly authorized and empowered to sign and perform its obligations under
2 this Amendment No. 1.
3 b. The individual signing this Amendment No. 1 on behalf of the Subrecipient is duly authorized
4 to do so and his or her signature on this Amendment No. 1 legally binds the Subrecipient to
5 the terms of this Amendment No. 1.
6 13. The parties agree that this Amendment No. 1 may be executed by electronic signature as
7 provided in this section.
8 a. An "electronic signature" means any symbol or process intended by an individual signing this
9 Amendment No. 1 to represent their signature, including but not limited to (1) a digital
10 signature; (2) a faxed version of an original handwritten signature; or (3) an electronically
11 scanned and transmitted (for example by PDF document) version of an original handwritten
12 signature.
13 b. Each electronic signature affixed or attached to this Amendment No. 1 is deemed equivalent
14 to a valid original handwritten signature of the person signing this Amendment No. 1 for all
15 purposes, including but not limited to evidentiary proof in any administrative or judicial
16 proceeding, and (2) has the same force and effect as the valid original handwritten signature
17 of that person.
18 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
19 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title
20 2.5, beginning with section 1633.1).
21 d. Each party using a digital signature represents that it has undertaken and satisfied the
22 requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5),
23 and agrees that each other party may rely upon that representation.
24 e. This Amendment No. 1 is not conditioned upon the parties conducting the transactions under
25 it by electronic means and either party may sign this Amendment No. 1 with an original
26 handwritten signature.
27 14. This Amendment No. 1 may be signed in counterparts, each of which is an original, and all of
28 which together constitute this Amendment No. 1.
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1 15. The Agreement as amended by this Amendment No. 1 is ratified and continued. All provisions of
2 the Agreement and not amended by this Amendment No. 1 remain in full force and effect.
3 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory clause.
2
Subr cipient County of Fresno
3 M,
5 Tim Chapa, District dministrator of the Nathan Magsig, Chairman of the Board of
Calwa Recreation and Park District Supervisors of the County of Fresno
6
Attest:
7 Bernice E. Seidel
Mailing Address: Clerk of the Board of Supervisors
8 Calwa Recreation and parks District County of Fresno, State of California
4545 East Church Avenue
9 Fresno, Ca 93725
10 By.
11 Deputy
12 For accounting use only:
Org: 1033
13 Fund: 0026
Subclass: 91021
14 Account: 7845
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Revised Exhibit B
Subrecipient Expenditure Plan
Subrecipient shall provide to County payment requests for eligible expenses to complete the
Program. In the first fourteen (14) days following the Effective Date of this Agreement, Subrecipient may
make payment requests to a maximum of$337,500, equivalent to one-half of the Program's total
budgeted amount ($675,000) to cover eligible expenditures in support of the Program. Payment
requests for eligible expenses shall detail purchase orders, receipts, and reimbursement requests,
detailing items purchased, and expenses incurred or anticipated to be incurred in support of the
Program as represented in Exhibit B, Table 1-1.
B-1
Revised Exhibit B (continued)
Revised Table 1 -1
Revised Expenditure Plan - Calwa Pool
III
• •
Design/Construction Documents $ 30,000.00
Environmental Documents $ 10,000.00
Advertisement/Bid Support $ 5,000.00
Construction Review and Administration $ 25,000.00
Construction $ 550,000.00
Construction Contengency $ 55,000.00
SLFRF Total Award: $ 675,000.00
B-2
Revised Exhibit B (continued) — Payment Request Form
Date:
County of Fresno
ARPA-SLFRF Coordinator
2281 Tulare Street, Room 304
Fresno, CA 93721
Subrecipient Name; Address; UEI
Subject: Payment Request for:
Subrecipient Program Agreement No.
In accordance with the executed Agreement for the above-referenced Program, the [SUBRECIPIENT
NAME] is requesting payment of$ in support of the Program.
The [SUBRECIPIENT NAME] certifies that this request for payment is consistent with the amount of work
that has been completed to date, detailing items purchased, and expenses incurred or anticipated to be
incurred in support of the Program in accordance with the Subrecipient Expenditure Plan (Revised Exhibit
B, Table 1-1)documented in the executed Agreement, and as evidenced by the enclosed invoices and
supporting documents.
Payee Invoice#/Contract# Amount
Sincerely,
[Subrecipient Signature, title, and
Title]
Enclosure(s)
B-3
Exhibit C
Template Quarterly Expenditure Report
PROGRAM
Unique Entity Identifier ( UEI): Agreement Number:
Name of Entity: Program Name:
Reporting Period State Date: Reporting Period End Date:
Expenditure Category: 2, Negative Economic Impacts
Total Award: $675,000 Remaining Balance:
EXPENDITURES
Category
Expenditures Obligations Period Period
. . . . . . Obligations
2 Negative Economic Impacts
2.22 Strong Healthy
Communities:
Neighborhood Features that
Promote Health and Safety
TOTAL
Describe program achievements and upcoming milestones:
Quarterly Status Report, select one:
Not started
Completed less than 50 percent
Completed more than 50 percent
Completed
PROJECT STATUS
AUTHORIZED SIGNATURE
Signature Date
Prepared by
(Print name)
C-1