HomeMy WebLinkAboutAgreement A-24-570 Amend. No. 1 to Agt. 23-493 with SHE for Lanare CSD.pdf Agreement No. 24-570
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 November 5, 2024 and is between Self-Help Enterprises, a California nonprofit 501(c)(3)
5 corporation whose address is 8445 W. Elowin Ct., Visalia, CA 93291("Subrecipient"), on behalf of, and
6 for the benefit of the Lanare Community Services District ("Lanare CSD"), and the County of Fresno, a
7 political subdivision of the State of California ("County").
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 awarded to the County for certain eligible
13 purposes, including making necessary investments in neighborhood features, such as recreation
14 facilities, which can improve physical and mental health outcomes.
15 C. On September 19, 2023, the County and the Subrecipient entered into County agreement
16 number 23-493 ("Agreement"), with a compensation amount of$1,600,000, to fund expenditures that
17 are related to the following interior/exterior Center improvements: new roof, windows, heating and
18 ventilation, electrical upgrades and renewable energy, kitchen, restrooms, storage, new flooring, park
19 restrooms, parking lot repaving and painting, new exterior lighting, children and youth play equipment,
20 outdoor meeting and green space improvements, construction management, administration, outreach,
21 permitting, and program contingency ("Program").
22 D. The Subrecipient represents that the original Expenditure Plan found in Table 1-1 of Exhibit B of
23 the Agreement ("Expenditure Plan") was based on projected costs from engineering estimates, and the
24 Subrecipient represents that the Expenditure Plan now faces shortfalls in some categories and
25 surpluses in other categories.
26 E. The Subrecipient represents that since the approval of the Agreement, bids were received and
27 Quiring General, LLC was the lowest bidder. The Subrecipient represents the project has encountered
28 significant increases to construction costs due to the Program being subjected to prevailing wage, which
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1 exceeded the estimates outlined in the Expenditure Plan. The Subrecipient represents that there were
2 also significant cost savings in the Architectural, Engineering and Inspections line item of the
3 Expenditure Plan.
4 F. The Subrecipient requests a revision to the Expenditure Plan to shift funding availability to help
5 offset increases in construction costs. The Subrecipient represents that the Revised Table 1-1 of
6 Revised Exhibit B proposes a change in the distribution of the allocated funds within the current
7 Expenditure Plan to accommodate the changes in costs with no change to the scope, which will ensure
8 the Subrecipient can maximize and fully expend SLFRF funds for the implementation of the Program.
9 The Subrecipient represents that the necessary changes exceed what could be done expeditiously by
10 using the Agreement's Modification Clause.
11 G. The Subrecipient represents that the Program would also benefit from a revised Modification
12 Clause within the Agreement which would reduce the Subrecipient's administrative burden to recover
13 allowable costs by moving available funds from one category to another, if needed, to provide flexibility
14 in cost recovery as the Program nears the completion of its contracted term.
15 H. The County and the Subrecipient now desire to amend the Agreement to revise the Program's
16 expenditure plan and allow the County Administrative Officer or designee to approve minor budgetary
17 modifications as needed and appropriate.
18 The parties therefore agree as follows:
19 1. This Amendment No. 1 shall be retroactive to the Effective Date of the Agreement, September
20 19, 2023.
21 2. All references to "Exhibit B" in the Agreement shall be amended and referred to as "Revised
22 Exhibit B." The Revised Exhibit B and Revised Table 1-1 are attached to this Amendment No. 1 and
23 incorporated by this reference.
24 3. A portion of Subsection A of Section 13, Grant Funding/Compensation of the Agreement located
25 on page 18, starting on line 10 through line 16, is deleted, and replaced with the following:
26 "Subrecipient shall submit documentation to the County of Fresno, County Administrative
27 Office located at 2281 Tulare, Room 304, Fresno, CA 93721, or electronically, to e-mail
28 address rresnocaoccurresnocountyca.go, . Payment by County shall be in arrears for
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1 services provided during the preceding period of time, within forty-five (45) days from
2 date of receipt, verification, and approval of Subrecipient's invoice and supporting
3 documentation by County. Requests for advancement of funds for anticipated eligible
4 expenditures shall also be accompanied by a written certification from the Subrecipient
5 that the amount of funding being requested from the County is consistent with the amount
6 of work scheduled to be performed or materials to be purchased, and that the payment
7 request is in accordance with the Program, including Table 1-1 of Revised Exhibit B of
8 this Agreement. After appropriate review and inspection of the payment request for
9 advanced funding, the County shall make the payment available to Subrecipient, less any
10 amounts outstanding for which prior advanced funds have not been fully expended or
11 accounted with supporting documentation. If Subrecipient fails to comply with any
12 provision of this Agreement, County shall be relieved of its obligations for further
13 compensation."
14 4. Section 15, Modification, of the Agreement, located on page 19, starting on line 27 through page
15 20, line 4, is deleted in its entirety, and replaced with the following:
16 "Any matters of this Agreement may be modified from time to time by the written consent
17 of all the parties without, in any way, affecting the remainder. Changes to line items, as
18 set forth in Revised Exhibit B, that, when added together during the term of the
19 Agreement do not exceed ten percent (10%) of the total maximum compensation payable
20 to Subrecipient, may be made with the written approval of Subrecipient and County's
21 Administrative Officer or designee. These modifications shall not result in any change to
22 the maximum compensation amount payable to Subrecipient, as described in this
23 Agreement."
24 5. When both parties have signed this Amendment No. 1, the Agreement, and this Amendment No.
25 1 together constitute the Agreement.
26 6. The Subrecipient represents and warrants to the County that:
27 a. The Subrecipient is duly authorized and empowered to sign and perform its obligations under
28 this Amendment No. 1.
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1 b. The individual signing this Amendment No. 1 on behalf of the Subrecipient is duly authorized
2 to do so and his or her signature on this Amendment No. 1 legally binds the Subrecipient to
3 the terms of this Amendment No. 1.
4 7. The parties agree that this Amendment No. 1 may be executed by electronic signature as
5 provided in this section.
6 a. An "electronic signature" means any symbol or process intended by an individual signing this
7 Amendment No. 1 to represent their signature, including but not limited to (1) a digital
8 signature; (2) a faxed version of an original handwritten signature; or (3) an electronically
9 scanned and transmitted (for example by PDF document) version of an original handwritten
10 signature.
11 b. Each electronic signature affixed or attached to this Amendment No. 1 is deemed equivalent
12 to a valid original handwritten signature of the person signing this Amendment No. 1 for all
13 purposes, including but not limited to evidentiary proof in any administrative or judicial
14 proceeding, and (2) has the same force and effect as the valid original handwritten signature
15 of that person.
16 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
17 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title
18 2.5, beginning with section 1633.1).
19 d. Each party using a digital signature represents that it has undertaken and satisfied the
20 requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5),
21 and agrees that each other party may rely upon that representation.
22 e. This Amendment No. 1 is not conditioned upon the parties conducting the transactions under
23 it by electronic means and either party may sign this Amendment with an original handwritten
24 signature.
25 8. This Amendment No. 1 may be signed in counterparts, each of which is an original, and all of
26 which together constitute this Amendment No. 1.
27 9. The Agreement as amended by this Amendment No. 1 is ratified and continued. All provisions of
28 the Agreement and not amended by this Amendment No. 1 remain in full force and effect.
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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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Subrecipient County of Fresno
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5 'Thomas J. Collish , President/CEO Nathan Magsig, Chairman of the Board of
of Self-Help Enterprises Supervisors of the County of Fresno
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7 Mailing Address: Attest:
Self-Help Enterprises Bernice E. Seidel
8 8445 W. Elowin Ct. Clerk of the Board of Supervisors
Visalia, CA 93291 County of Fresno, State of California
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10 By: 11(6 _
Ue-puty
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For accounting use only:
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Org No.: 0026
13 Account No.: 91021
Fund No.: 1033
14 Subclass No.: 7845
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1 Revised Exhibit B-1
2 Subrecipient Expenditure Plan
3 The amount of SLFRF to be granted by County to Subrecipient shall be one million six-hundred
4 thousand dollars ($1,600,000), which will provide funding assistance to the Subrecipient for
5 the implementation of the Program. In the first thirty (30) days following the Effective Date of this
6 Agreement, Subrecipient may make one (1) payment request to a maximum of two-hundred forty
7 thousand dollars ($240,000), equivalent to fifteen percent (15%) of the Program's total budgeted amount
8 ($1,600,000), to cover eligible expenditures in support of the Program. The first payment request from
9 Subrecipient to the County shall also be accompanied by a written certification from the Subrecipient
10 that the request for payment is consistent with the amount of work scheduled to be performed or
11 materials to be purchased with the amount of funding being requested from the County, and that said
12 payment request is in accordance with the Program, Table 1-1 of Exhibit B of this Agreement.
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1 Revised Table 1-1, Revised Expenditure Plan
2 Main Building Improvements,Lanare Estimated Final Budget
Community Center Improvements Costs Reductions Additions Costs Line Item Narrative
3 This item anticipates funding to be used for exterior improvements and repairs,for example:
Property Fence,Drive Approach,Paving, Roof Ladder Access,Siding,Window
Community Center,Exterior Improvements $ 233,041 $ 191,314 $ 424,355 Replacement,Doors and Emergency Access,Reroof Repair,Prep and Paint Exterior,WAC
Replacement,Flooring and Lighting.Generally,this item would cover materials,labor,and
4 fees for exterior improvements.
This item anticipates funding to be used for interior improvements and repairs,for example:
Repair Drywalls,Paint,Flooring,Electrical Repairs,Improvements to Lighting Fixtures,
5 Community Center,Interior Improvements $ 171,100 $ 74,816 $ 245,916 Improvements and upgrades to restrooms,kitchen area,interior space,storage. Generally,
this line item would fund:materials,supplies,labor,and fees for interior improvements.
6 'Storage unit Im rovements
This item anticipates funding to be used for improvement to the Community Center's Storage
Unit,for example:Windows,Security Bars,Siding,Door Replacement,Paint,Repairs,
7 Exterior and Interior,Storage Unit Improvements $ 20,402 $ 24,838 $ 45,240 Demolish and Remove Debris,Flooring,Paint,Electrical,Repairs,Demolish and Remove
Debris,Flooring,Paint,Electrical.Generally,this line item would fund:materials,supplies,
labor,and fees for the Centers storage improvements.
8 Facility Supportive Outdoor Improvements
This item anticipates funding to be used for improvement to the outdoor restroom and to add
Outdoor Restroom Facility Renovations $ 54,000 $ 15,782 $ 38,218 new restrooms.Generally,this line item would fund:materials,supplies,labor,and fees for
9 mprov ng and adding outdoor restrooms at the Center.
This item anticipates funding to be used for improvement to the children's play,recreation,
and leisure areas,for example:play structures,share structure,plaza area.Generally,this
line Rem would fund:materials,supplies,labor,and fees for improving outdoor recreational
10 Tot-lot and Shade Structure,and Plaza Area;
Landscaping and Sports Field Improvements $ 143,281 $ 88,122 $ 231,403 space.Additionally,this item anticipates funding to be used for landscape and sport fields
improvements,for example:irrigation,plumbing,landscape,lighting,equipment,and support
materials. Generally,this line item would fund:materials,supplies,labor,and fees for
11 improving landscaping and the sports field areas.
This item anticipates funding to be used for electrical improvements to improve the Center's
overall energy usage,for example:Improvements to electrical panels,Solar Energy,Solar
12 Electrical Improvements and Renewable Energy $ 448,000 $ 238,103 $ 209,897 Carport,Battery Backup,and Electrical systems.Generally,this line Rem would fund:
materials,supplies,labor,and fees for improving energy usage;Utility panel and transformer
upgrades to support renewable energy,electrical systems and solar PV
13 Architectural,Engineering and Inspections
Architecture,Civil,Survey,topo and inspections $ 319,650 $ 125,205 $ 194,445 Anticipated to fund costs related to Architectural,Engineering,Surveying,ADA path of travel
14 design,dry utility consulting,inspections,and related costs.
Grant Administration
Construction Management and Administration $ 30,000 $ 30,000 This item anticipates funding to be used Construction Management and Administration.
15 Trainingand BuildingOperations TA $ 10,000 $ 10,000 Technical assistance on buildingoperations,trainingstaff,systems management etc.
Community Outreach $ 40,000 $ 40,000 This item anticipates funding to be used Community Outreach.
Buildinq Permits $ 10,000 $ 10,000 This item anticipates funding to secure needed building permits.
16 Contingency $ 120,526 $ 120,526 Generally,this line items provides funding support to cover potential events that are not
s ecifcall accounted for in the line item cost estimates.
Total $ 1,600,000 $ 379,090 $ 379,090 $ 1,600,000
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1 Revised Exhibit B-1
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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