HomeMy WebLinkAboutAgreement A-24-571 Amendment No. 2 to Agreement with Care Fresno Inc..pdf Agreement No. 24-571
1 CORONAVIRUS STATE LOCAL FISCAL RECOVERY FUNDS
2 AMENDMENT NO. 2 TO SUBRECIPIENT AGREEMENT
3 This Amendment No. 2 to Subrecipient Agreement ("Amendment No. 2") is dated
4 November 5, 2024 and is between Care Fresno, Inc., a California nonprofit 501(c)(3) corporation
5 whose address is 1940 N. Fresno St., Fresno, CA 93703 ("Subrecipient"), and the County of Fresno, a
6 political subdivision of the State of California ("County").
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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 responding to the negative economic impacts of the COVID-19 pandemic on after-
14 school programs that address educational disparities within under-resourced communities or
15 disproportionately impacted households.
16 C. On February 7, 2023, the County and the Subrecipient entered into County agreement number
17 23-056 ("Agreement"), to address the negative economic impacts of the pandemic for the
18 implementation of the Subrecipient's four programs: 1) Care Club After-School Program, 2) GED Prep
19 Class, 3) Youth Sports Program, and 4) Adult Sports Program, consisting of expenditures including
20 personnel salaries and benefits, program supplies, transportation, recreational activities, and indirect
21 costs to operate the four programs (collectively "Program").
22 D. On September 19, 2023, the Fresno County Board of Supervisors approved Amendment No. 1
23 to Subrecipient Agreement ("Agreement No. 23-494"), which was intended to solve difficulties with
24 administering and expending the grant due to the precise structure of the budget.
25 E. The Subrecipient represents that since the First Amendment (Amendment No. 1) was executed,
26 the Subrecipient implemented changes to the GED Prep meeting schedule to address inconsistencies in
27 participant attendance and lower than expected attendance in general, and to tailor the GED Prep's
28 meeting schedule to match the time availability of those who can attend the classes, which created a
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1 cost savings to the award. The Subrecipient represents that the Care Club Sites have had an increase
2 in demand over their initial projected figures related to labor, which created a budgeting shortfall.
3 Meanwhile the investment for computer technology did not materialize at the scale initially envisioned,
4 which created further cost savings to the award. The Subrecipient represents that during its review of
5 the expenditure plan, a calculation error related to the Indirect Cost line item was discovered, which
6 limits the Subrecipient's ability to fully expend the award. The Subrecipient represents that the funding
7 availability that can be shifted to address its funding needs exceeds the five percent (5%) provided in
8 Section 15 Modification of the Agreement.
9 F. The Subrecipient represents that the expenditure plan provided in Revised Exhibit B-1, which is
10 attached and incorporated by this reference, addresses its Program's immediate funding needs and will
11 ensure that the Subrecipient can fully expend the award as intended. Additionally, changing the
12 structure of the Expenditure Plan from a multi-year budgeted format to a single budget for the entire
13 program will help the Subrecipient recover costs throughout the term of the Program, redistribute
14 funding availability within the Expenditure Plan to match program needs, and correct the calculation
15 error related to Indirect Cost.
16 G. The Subrecipient represents that the Modification clause would be more helpful if it were revised
17 to match recent Modification clause language, which allows budget modifications of up to 10% of the
18 Agreement's maximum award ($30,000), without increasing the maximum award, and will assist the
19 Subrecipient when closing out the Program. Language in Agreement 23-494 provided budget
20 modifications up to 5% ($15,000) of the Agreement's maximum award, which may not be sufficient
21 coverage for the Subrecipient to complete the program expeditiously.
22 The parties therefore agree as follows:
23 1. This Amendment No. 2 shall be retroactive to the Effective Date of the Agreement, February 7,
24 2023.
25 2. All references to "Revised Exhibit B" in Agreement 23-494 shall be further amended and referred
26 to as "Revised Exhibit B-1." The Revised Exhibit B-1 and Table 1-1 are attached to this Amendment No.
27 2 and incorporated by this reference.
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1 3. Section 13, Grant Funding/Compensation, of the Agreement, starting on page 14, lines 7 through
2 18, is deleted and replaced with the following:
3 "It is expressly agreed and understood that the total amount of SLFRF to be granted by County
4 to Subrecipient for the Program shall not exceed three hundred thousand dollars ($300,000),
5 which will provide funding assistance to address the negative economic impacts of the pandemic
6 for the implementation of the Subrecipient's four programs: 1) Care Club After-School Program,
7 2) GED Prep Class, 3) Youth Sports Program, and 4) Adult Sports Program, consisting of
8 expenditures including personnel salaries and benefits, program supplies, transportation,
9 recreational activities, and indirect costs to operate the four programs. Subrecipient shall track
10 the number of participants and their families benefiting from Subrecipient's programs,
11 participant's community of origin and economic status, number of participants enrolled in the four
12 programs, and any potential participation growth in its quarterly and annual reporting to the
13 County through the course of the Program term, including any aggregate data to show
14 measurable accomplishments of the Program."
15 4. Section 15, Modification, of Agreement 23-056, starting on page 17, Lines 4 through 5, as
16 previously modified by Amendment No. 1, is deleted, and replaced with the following:
17 "Any matters of this Agreement may be modified from time to time by the written consent of all
18 the parties without, in any way, affecting the remainder. Changes to line items, as set forth in
19 Revised Exhibit B-1, that, when added together during the term of the Agreement do not exceed
20 ten percent (10%) of the total maximum compensation payable to Subrecipient, may be made
21 with the written approval of Subrecipient and County's Administrative Officer or designee. These
22 modifications shall not result in any change to the maximum compensation amount payable to
23 Subrecipient, as described in this Agreement."
24 5. When both parties have signed this Amendment No. 2, the original Agreement 23-056, the
25 Amendment No. 1, and this Amendment No. 2, shall all 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. 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 7. 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 is not conditioned upon the parties conducting the transactions under it by
23 electronic means and either party may sign this Amendment with an original handwritten
24 signature.
25 8. 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.
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1 9. The Agreement as amended by this Amendment No. 2 is ratified and continued. All provisions of
2 the Agreement and Amendment No. 1 not amended by this Amendment No. 2 remain in full force and
3 effect.
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5 [SIGNATURE PAGE FOLLOWS]
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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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Mark Carlson,Executive Director fxxrr s Nathan Magsig, Chairman of the Board of
5 Care Fresno, Inc. Supervisors of the County of Fresno
6 Attest:
Mailing Address: Bernice E. Seidel
7 Care Fresno, Inc. Clerk of the Board of Supervisors
1940 N. Fresno Street County of Fresno, State of California
8 Fresno, CA 93703
9 By:
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Deputy
For accounting use only:
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Org: 1033
12 Fund: 0026
Subclass: 91021
13 Account: 7845
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1 Revised Exhibit B-1
2 Subrecipient Expenditure Plan
3 Subrecipient shall provide to County drawdown requests for payments for eligible expenses to
4 complete the Program. In the first thirty (30) days following the Effective Date of this Agreement,
5 Subrecipient may make one (1) drawdown request to a maximum of forty-five thousand dollars
6 ($45,000), equivalent to fifteen percent (15%) of the Program's total budgeted amount ($300,000), to
7 cover eligible expenditures in support of the Program. The first drawdown request from Subrecipient to
8 the County shall also be accompanied by a written certification from the Subrecipient that the drawdown
9 request for payment is consistent with the amount of work scheduled to be performed or materials to be
10 purchased with the amount of funding being requested from the County. Drawdown requests shall detail
11 purchase orders, receipts, and reimbursement requests, detailing items purchased, and expenses
12 incurred or anticipated to be incurred in support of the Program for items listed in Table 1-1 of the
13 Revised Exhibit B-1 of this Agreement.
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B-1
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Revised Exhibit B-1 (cont.)
2 Revised Exhibit B-1
Table 1-1
First Amendment
4 Budget Merged
Line Item Narrative
for the whole
5 Program
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Salaries, Employer
7 Paid Taxes and
Youth Program Managers $ 42,250.00 0
Insurance (7.65/0)
8 (STI)
9 GED Program Manager $ 29,687.09 STI
STI for time worked
10 Executive Director $ 46,278.56 directly in the
program
11 Care Club Site Leads&Staff $ 132,810.91 STI
12 Staffing Totals I $ 251,026.56
PROGRAM ..
13 Computer-Related
and Network
14 Technology. Costs
Computer&Security Technology $ 4,100.00
15 include: shipping,
tax and recycle
16 fees.
All supplies to
17 Program,Sports, and Recreational Supplies $ 6,000.00 support the
Programs
18 Classroom Furniture $ -
19 Program supplies Totals $ 10,100.00
TRANSPORTATION
20 Transportation Costs $ 4,294.00 All Transportation
21 Event, Field trips, Camp Entrance Fees $ 6,971.44
In support of the
Programs
22 Costs for
Training/Lesson Costs $ 3,745.00 Sports/Activities
23 Lessons
24 Transportation/Activities Totals $ 15,010.44
25 Up to DeMinimis
for all costs not
26 Indirect Costs $ 23,863.00 including the
Executive Director
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Total of Indirect Costs $ 23,863.00
28 Total of ARPA Grant $ 300,000.00
B-2
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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B-3