HomeMy WebLinkAboutAgreement A-24-658 Amendment No. 2 to Agreement with VCRC.pdf Agreement No. 24-658
1 CORONAVIRUS STATE LOCAL FISCAL RECOVERY FUNDS
2 AMENDMENT NO. 2 TO SUBRECIPIENT AGREEMENT
3 This Amendment No. 21 to Subrecipient Agreement ("Amendment No. 2") is dated
4 December 17, 2024 and is between Valley Caregiver Resource Center ("Subrecipient"), a California
5 nonprofit corporation 501 (c)(3), whose address is 5363 North Fresno Street, Fresno, CA 93710, and
6 the County of 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 nonprofit organizations that serve individuals and families that have been impacted
13 by the pandemic, for the purpose of meeting ARPA's goals.
14 C. On November 29, 2022, the County and the Subrecipient entered into County agreement
15 number 22-537 ("Agreement"), with a compensation amount of$451,071, to provide funding assistance
16 to address the negative public health impacts of the pandemic on brain-impaired adults and the elderly
17 dealing with the challenges of aging and minor signs of Alzheimer's Disease and other dementia
18 impairments, as well as their families and caregivers, by enabling the Subrecipient to reinstate, support,
19 and preserve the OASIS program to welcome back patients, and increase its patient participation
20 number to the maximum capacity allowed by Community Care Licensing, by funding personnel salaries
21 and benefits, and the OASIS program's operational expenditures for calendar years 2022-2023
22 ("Program").
23 D. On January 23, 2024, the parties entered into Amendment No. 1 to the Agreement ("Amendment
24 No. 1"), which was intended to solve difficulties with administering and expending the grant due to the
25 specific nature of the budget, and clarify the timeline language of the Agreement to end on June 30,
26 2024, as originally intended.
27 E. The Subrecipient represents that the ARPA-SLFRF funding of the Program as described in the
28 Agreement and Amendment No. 1, was anticipated to be expended by June 30, 2024. Due to
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1 unanticipated challenges clarifying certain expenditures according to Uniform Guidance, a significant
2 portion of the Program funding will now be expended after the formerly projected end date of the
3 Program on June 30, 2024.
4 F. The Subrecipient represents that the individual who has authority to send and receive notices on
5 behalf of the Subrecipient has changed and will also be changed with this Amendment No. 2.
6 G. The County and the Subrecipient now desire to amend the Agreement to revise the Program's
7 internal timeline conditions.
8 The parties therefore agree as follows:
9 1. This Amendment No. 2 shall be retroactive to the Effective Date of the Agreement, November
10 29, 2022.
11 2. The Agreement Recital on Page 3, starting at line 3 and continuing through line 11, as previously
12 amended, is further amended and replaced with the following:
13 "WHEREAS, the Subrecipient represents that SLFRF provided under this Agreement will
14 address the negative economic impacts experienced by brain-impaired adults and the elderly, as
15 well as by their caregivers, by providing a funding source to help the Subrecipient reinstate,
16 support, and preserve the OASIS program to welcome back patients, increase its patient
17 participation number to the maximum capacity allowed by Community Care Licensing, and fund
18 personnel salaries, wages and benefits, as well as the OASIS program's operational
19 expenditures for the term of this Agreement, as described in Section 11, which will benefit brain-
20 impaired adults and the elderly dealing with the challenges of aging and minor signs of
21 Alzheimer's Disease and other dementia impairments, and their families of caregivers, who were
22 negatively impacted by the pandemic (Program); and"
23 3. Section 1(D) of the Agreement, located at page 4, lines 16 through 24, as previously amended,
24 is further amended and replaced with the following:
25 "Subrecipient represents that it intends to use SLFRF to address the negative economic impacts
26 of the pandemic to brain-impaired adults and the elderly dealing with the challenges of aging and
27 minor signs of Alzheimer's Disease and other dementia impairments, as well as their families
28 and caregivers by supporting the OASIS program, and will provide a funding source to help the
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1 Subrecipient reinstate, support, and preserve the OASIS program, by funding personnel salaries,
2 wages, and benefits, and the OASIS program's operational expenditures for the term of this
3 Agreement, as described in Section 11, which will benefit adults and families of adults dealing
4 with the challenges of aging and minor signs of Alzheimer's Disease and other dementia and
5 brain impairments, as shown on Table 1-1 of Revised Exhibit B, attached and incorporated by
6 this reference."
7 4. A portion of Section 13, Grant Funding/Compensation, of the Agreement located on page 14 line
8 24 and continuing through page 15 line 12, as previously amended, is further amended and replaced
9 with the following:
10 "It is expressly agreed and understood that the total amount of SLFRF to be granted by County
11 to Subrecipient for the Program shall not exceed four hundred fifty-one thousand seventy-one
12 dollars ($451,071), which will provide funding assistance to address the negative economic
13 impacts of the pandemic on brain-impaired adults and the elderly dealing with the challenges of
14 aging and minor signs of Alzheimer's Disease and other dementia impairments, as well as their
15 families and caregivers, by enabling the Subrecipient to reinstate, support, and preserve the
16 OASIS program to welcome back patients, and increase its patient participation number to the
17 maximum capacity allowed by Community Care Licensing, by funding personnel salaries, wages
18 and benefits, and the OASIS program's operational expenditures for the term of this Agreement,
19 as described in Section 11. Subrecipient shall track the number of program participants per day,
20 track hours of service per week, number of benefiting families, and any major achievements in its
21 quarterly and annual reporting to the County through the course of the Program term.
22 Subrecipient shall submit written payment requests for eligible necessary expenses in support of
23 the Program. Payment requests for the County to make such payments shall be in accordance
24 with the sample Payment Request Form, attached as Revised Exhibit B and incorporated by this
25 reference. Payment requests shall include copies of purchase orders, receipts, and
26 reimbursement requests, detailing items purchased, and expenses incurred or anticipated to be
27 incurred in support of the Program for eligible items listed in Table 1-1 of Revised Exhibit B of
28 this Agreement."
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1 5. A portion of Exhibit A, Program Description, of the Agreement, located on page 26, lines 15
2 through 24, as previously amended, is further amended and replaced with the following:
3 "SLFRF provided under this Agreement will address the negative economic impacts of the
4 pandemic on brain-impaired adults and the elderly dealing with the challenges of aging and
5 minor signs of Alzheimer's Disease, other dementia, and brain impairments, as well as their
6 families and caregivers. It will provide a funding source to help the Subrecipient reinstate,
7 support, and preserve the OASIS program to welcome back patients and increase its patient
8 participation number to the maximum capacity allowed by Community Care Licensing, by funding
9 personnel salaries and benefits and the OASIS program's operational expenditures for the term
10 allowed by ARPA, which will benefit brain impaired adults and the elderly dealing with the
11 challenges of aging and minor signs of Alzheimer's Disease, as well as their families and
12 caregivers, who were negatively impacted by the COVID-19 pandemic."
13 6. A portion of Revised Exhibit B, Subrecipient Expenditure Plan, of Amendment No. 1, starting at
14 page B-1 (page 8), line 10 through line 11 is deleted and replaced with the following:
15 "...the OASIS program's operational expenditures for the term of this Agreement, as described in
16 Section 11. Payment requests to the County shall be on a quarterly basis (every..."
17 7. A portion of Section 21, Notices, page 21, line 25 through 28, is deleted and replaced with the
18 following:
19 COUNTY SUBRECIPIENT
County of Fresno Valley Caregiver Resource Center
20 ARPA— SLFRF Coordinator 5363 N. Fresno Street
21 2281 Tulare Street, Room 304 Fresno, CA 93710
Fresno, CA 93721 Attn: Tina Valla
22 Director of Finance & Administration
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8. When both parties have signed this Amendment No. 2, the Agreement, Amendment No. 1, and
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this Amendment No. 2 together shall constitute the Agreement.
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9. The Subrecipient represents and warrants to the County that:
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a. The Subrecipient is duly authorized and empowered to sign and perform its obligations under
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this Amendment No. 2.
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1 b. The individual signing this Amendment No. 2 on behalf of the Subrecipient is duly authorized
2 to do so and his or her signature on this Amendment No. 2 legally binds the Subrecipient to
3 the terms of this Amendment No. 2.
4 10. The parties agree that this Amendment No. 2 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. 2 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. 2 is deemed equivalent
12 to a valid original handwritten signature of the person signing this Amendment No. 2 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. 2 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 11. This Amendment No. 2 may be signed in counterparts, each of which is an original, and all of
26 which together constitute this Amendment No. 2.
27 12. The Agreement as amended by this Amendment No. 2 is ratified and continued. All provisions of
28 the Agreement and not amended by this Amendment No. 2 remain in full force and effect.
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1 The parties are signing this Amendment No. 2 on the date stated in the introductory clause.
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Subrecipient County of Fresno
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5 Me han Vel squez, Executive Director Nathan Magsig, Chairman of the Board of
Valley Caregiver Resource Center Supervisors of the County of Fresno
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7 Mailing Address: Attest:
Valley Caregiver Resource Center Bernice E. Seidel
8 5363 N. Fresno Street Clerk of the Board of Supervisors
Fresno, CA 93710 County of Fresno, State of California
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10 By: _
Deputy
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For accounting use only:
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Org No.: 1033
13 Fund: 0026
Subclass: 91021
14 Account: 7845
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