HomeMy WebLinkAboutAgreement A-24-656 Amendment No. 1 to Agreement with The Big Fresno Fair.pdf Agreement No. 24-656
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 December 17, 2024 and is between 21st District Agricultural Association (Subrecipient), an entity of
5 the California Department of Food and Agriculture's Division of Fairs & Expositions, with a corporate
6 office in the County of Fresno located at 1121 S. Chance Avenue, Fresno, CA 93702, and the County of
7 Fresno, a 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 capital investments in public facilities to meet pandemic operational needs, including
14 ventilation improvements in public facilities, which are enumerated eligible uses to respond to the public
15 health impacts of the public health emergency.
16 C. On July 18, 2023, the County and the Subrecipient entered into County agreement number 23-
17 356 ("Agreement"), with a compensation amount of$205,000, to fund the mechanical equipment,
18 installation, and labor to upgrade air handling equipment at the satellite wagering facility, administration
19 office, and County Historical Museum located at the Fresno Fairgrounds, which is an eligible use under
20 the Final Rule ("Program").
21 D. The Subrecipient represents that the original funding of the Program as shown in the
22 Expenditure Plan found in Table 1-1 of Exhibit B of the Agreement ("Expenditure Plan") was anticipated
23 to be completed in anticipation of the 2023 Big Fresno Fair, which was held October 4, 2023, through
24 October 15, 2023. Due to unanticipated delays in planning, labor shortages, and sub-contracting
25 timelines, the work to be performed under the Agreement will now come after the initial expected dates,
26 which dates were conditions stated in the Agreement.
27 E. The Subrecipient represents that since the approval of the Agreement, concerns have been
28 expressed over Section 2, Procurement Requirements, because the Subrecipient, a public agency of
1
1 the State of California, contracts all capital and facility maintenance projects through a fiscal agent,
2 California Construction Authority (CCA), which manages and administers all construction and repair
3 related programs for the Subrecipient, as well as many of the State Fairs throughout California. This
4 amendment will clarify the California Construction Authority shall be authorized to manage and
5 administer the Program on behalf of the Subrecipient, will abide by the terms and conditions laid out in
6 the Agreement for reimbursement of expended funds, shall be considered the fiscal agent to the
7 Subrecipient, and shall be authorized for the purposes of overseeing the Program, submitting
8 reimbursement requests, and supporting documents on behalf of the Subrecipient; and
9 F. To bring the language of the Agreement up to date with other subrecipient agreements that have
10 been changed since their inception, this Amendment No. 1 will change the Modification Clause of the
11 Agreement; and
12 G. The County and the Subrecipient now desire to amend the Agreement to revise the Program's
13 expenditure plan, authorize the California Construction Authority as Subrecipient's fiscal agent, and
14 allow the County Administrative Officer or designee to approve minor budgetary modifications as
15 needed and appropriate.
16 The parties therefore agree as follows:
17 1. This Amendment No. 1 shall be retroactive to the Effective Date of the Agreement, July 18,
18 2023.
19 2. The recital listed on Page 3, starting at line 3 and continuing through line 8 of the Agreement is
20 deleted in its entirety, and replaced with the following:
21 "WHEREAS, the SUBRECIPIENT has an administration office with about 1,250 visitors a year, a
22 satellite wagering facility with over 14,000 visitors a year, and a County Historical Museum with
23 over 10,000 visitors during annual tours and 600,000 during the Big Fresno Fair, which all need
24 their air handling equipment upgraded to help reduce the spread of COVID-19 in anticipation of
25 future Big Fresno Fair events, and other public events to be held at the Fresno Fairgrounds; and"
26 3. The recital listed on Page 3, starting at line 18 and continuing through line 20 of the Agreement
27 is deleted in its entirety, and replaced with the following:
28
2
1 "WHEREAS, SUBRECIPIENT represents that it will hold future Big Fresno Fair events at the
2 Fresno Fairgrounds, a QCT in Fresno County, which has been negatively economically impacted
3 by the COVID-19 public health emergency; and"
4 4. Section 1, General Obligations of the Subrecipient, a new subsection, M, shall be added on
5 Page 7 starting at line 17, as follows:
6 I'M. Fiscal Agent. While Subrecipient is a public entity through the State of California's
7 Department of Agriculture, and contracts all capital and facility maintenance projects through
8 California Construction Authority (CCA), a fiscal agent, assigned and authorized by the State of
9 California, which manages and administers all construction and repair-related programs for the
10 Subrecipient, and County may communicate with CCA for the purposes of overseeing the
11 Program, reviewing and submitting payment requests, submitting supporting documentation,
12 and correspondence in all matters of managing the Program, the Subrecipient agrees that
13 Subrecipient is still fully responsible for compliance to the terms and conditions of this
14 Agreement, and that compliance with the terms of Uniform Guidance including, but not limited to,
15 2 CFR 200, shall be considered the sole responsibility of the Subrecipient."
16 5. Section 15, Modification, of the Agreement, located on page 18, lines 23 through 24, is deleted in
17 its entirety, and replaced with the following:
18 "Any matters of this Agreement may be modified from time to time by the written consent of all
19 the parties without, in any way, affecting the remainder. Changes to line items, as set forth in
20 Revised Exhibit B, that, when added together during the term of the Agreement do not exceed
21 ten percent (10%) of the total maximum compensation payable to Subrecipient, may be made
22 with the written approval of Subrecipient and County's Administrative Officer or designee. These
23 modifications shall not result in any change to the maximum compensation amount payable to
24 Subrecipient, as described in this Agreement."
25 6. Exhibit A, Program Description, of the Agreement, located on page 25, is deleted in its entirety,
26 and replaced with the following:
27 "Subrecipient will hold the Program at the Fresno Fairgrounds, a qualified census tract in Fresno
28 County which has been negatively impacted by COVID-19, causing business closures and/or
3
1 interrupting business operations. Subrecipient will use SLFRF to fund mechanical equipment,
2 installation, and labor to upgrade the air handling equipment in the satellite wagering facility,
3 administration office, and County Historical Museum located at the Fresno Fairgrounds, which
4 will improve the indoor air quality of the buildings for operational use and upcoming events,
5 including the Big Fresno Fair. The ventilation improvements in these public facilities will help
6 prevent the spread of COVID-19, a public health response enumerated in the Final Rule. The
7 administration office is occupied by the Subrecipient's staff, as well as approximately 1,250
8 visitors per year ranging from vendors, contractors, and other members of the public. The
9 satellite wagering facility allows patrons to place wages on live horse races across the country
10 four days a week for fifty-two weeks a year, seeing over 14,000 visitors annually. The County
11 Historical Museum is a two-story building with exhibits about historic events, places, cultures,
12 and artifacts showcasing Fresno County's history that is free and open daily to the public,
13 garnering over 10,000 visitors from tours and around 600,000 visitors for Subrecipient's Big
14 Fresno Fair event. Subrecipient represents that it anticipates the Program will support future Big
15 Fresno Fair events, and will contribute to an increase in sales and revenue for local
16 establishments, stores, hotels, restaurants, and small businesses in the qualified census tract
17 surrounding the Program and the local economy."
18 7. Section 21, Notices, of the Agreement, located on page 21, Line12 through line15, is deleted in
19 its entirety and replaced with the addition of a fiscal agent, as follows:
20 COUNTY SUBRECIPIENT FISCAL AGENT
COUNTY OF FRESNO 21st District Agricultural Association California Construction Auth.
21 ARPA— SLFRF Coordinator Chief Executive Officer Attn: Const. Office Admin.
22 2281 Tulare St, Room 304 1121 S. Chance Ave. 1776 Tribute Rd. Suite 220
Fresno, CA 93721 Fresno, CA 93702 Sacramento, CA 95815
23
24 8. When both parties have signed this Amendment No. 1, the Agreement, and this Amendment No.
25 1 together constitute the Agreement.
26 9. 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.
4
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 10. 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 11. 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 12. 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.
5
1 The parties are signing this Amendment No. 1 on the date stated in the introductory clause.
2
Subrecipient County of Fresno
3
--. f
g ristina strada, Chief Executive fficer 21st Nathan Magsig, Chairman of the Board of
District Agricultural Association Supervisors of the County of Fresno
6
7 Mailing Address: Attest:
1121 S. Chance Avenue Bernice E. Seidel
8 Fresno, CA 93702 Clerk of the Board of Supervisors
County of Fresno, State of California
9
10 By:—
Deputy
11
For accounting use only:
12
Org No.: 1033
13 Fund No.: 0026
Subclass No.: 91021
14 Account No.: 7845
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6