HomeMy WebLinkAboutAgreement A-24-056 Amendment No. 1 to Agreement 22-537 with VCRC.pdf Agreement No. 24-056
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 January 23, 2024 and is between Valley Caregiver Resource Center, a California nonprofit
5 501(c)(3) corporation whose address is 5363 North Fresno Street, Fresno, CA 93710 ("Subrecipient"),
6 and the County of Fresno ("County"), a political subdivision of the State of California.
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 for certain eligible purposes, including to
12 respond to the public health emergency or its negative economic impacts of the COVID-19 pandemic on
13 senior caregivers and residents dealing with the challenges of aging, including services that assist
14 caregivers of brain-impaired adults and the elderly that were negatively impacted due to required
15 closures to comply with the emergency public health orders to contain the spread of COVID-19.
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C. On November 29, 2022, the County and the Subrecipient entered into County agreement
17 number 22-537 ("Agreement"), to help the Subrecipient reinstate, support, and preserve the OASIS
18 Adult Day Program to welcome back patients, increase its patient participation number to the maximum
19 capacity allowed by Community Care Licensing, and fund personnel salaries and benefits, as well as the
20 OASIS program's operational expenditures, which will benefit brain-impaired adults and the elderly
21 dealing with the challenges of aging and minor signs of Alzheimer's Disease and other dementia
22 impairments, and their families and caregivers, who were negatively impacted by the pandemic.
23 D. The Subrecipient represents that since Agreement 22-537 was executed, the rigid structure of
24 the approved Expenditure Plan requires that the Subrecipient present to the County an unreasonable
25 amount of supporting documentation to justify the organization's total costs so that the Subrecipient may
26 recover personnel costs and direct costs from the SLFRF program, and that the Expenditure Plan's line
27 item descriptions have created an undue hardship in the administration of the grant, and have limited
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the Subrecipient's ability to recover actual expenses that are necessary to implement the Subrecipient's
2 Program that would otherwise be reimbursed with SLFRF.
3 E. The Agreement's reimbursable time period is unclear and should be clarified through this
4 Amendment No. 1.
5 F. The County and the Subrecipient desire to amend the Agreement to revise the Program's
6 Expenditure Plan and allow the County's Administrative Officer or designee to approve minor budgetary
7 modifications as needed and appropriate.
8 The parties, therefore, agree as follows:
9 1. This Amendment No. 1 shall be retroactive to the Effective Date of the Agreement, November
10 29, 2022.
11 2. The Agreement Recital on page 3, lines 3 through 11, is deleted in its entirety, and replaced with
12 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 fiscal years from July 01, 2022 to June 30, 2023 and from July 1, 2023 to June
20 30, 2024, which will benefit brain impaired adults and the elderly dealing with the challenges of
21 aging and minor signs of Alzheimer's Disease and other dementia impairments, and their
22 families of caregivers, who were negatively impacted by the pandemic (Program);"
23 3. Section 1(D) of the Agreement, located at page 4, lines 16 through 24, is deleted in its entirety
24 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 fiscal years from
3 July 1, 2022 to June 30, 2023, and from July 1, 2023 to June 30, 2024, which will benefit adults
4 and families of adults dealing with the challenges of aging and minor signs of Alzheimer's
5 Disease and other dementia and brain impairments, as shown on Table 1-1 of Revised Exhibit B,
6 attached and incorporated by this reference."
7 4. All references to "Exhibit B" in the Agreement shall be amended to refer to "Revised Exhibit B."
8 Revised Exhibit B is attached to this Amendment No. 1 and incorporated by this reference.
9 5. A portion of Section 13, Grant Funding/Compensation, of the Agreement starting on page 14 line
10 24 and continuing through page 15 line 12, is deleted in its entirety, and replaced with the following:
11 " It is expressly agreed and understood that the total amount of SLFRF to be granted by County
12 to Subrecipient for the Program shall not exceed four hundred fifty-one thousand seventy-one
13 dollars ($451,071), which will provide funding assistance to address the negative economic
14 impacts of the pandemic on brain-impaired adults and the elderly dealing with the challenges of
15 aging and minor signs of Alzheimer's Disease and other dementia impairments, as well as their
16 families and caregivers, by enabling the Subrecipient to reinstate, support, and preserve the
17 OASIS program to welcome back patients, and increase its patient participation number to the
18 maximum capacity allowed by Community Care Licensing, by funding personnel salaries, wages
19 and benefits, and the OASIS program's operational expenditures for fiscal years from July 1,
20 2022 to June 30, 2023, and from July 1, 2023 to June 30, 2024. Subrecipient shall track the
21 number of program participants per day, track hours of service per week, number of benefiting
22 families, and any major achievements in its quarterly and annual reporting to the County through
23 the course of the Program term. Subrecipient shall submit written payment requests for eligible
24 necessary expenses in support of the Program. Payment requests for the County to make such
25 payments shall be in accordance with the sample Payment Request Form, attached as Revised
26 Exhibit B and incorporated by this reference. Payment requests shall include copies of purchase
27 orders, receipts, and reimbursement requests, detailing items purchased, and expenses incurred
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1 or anticipated to be incurred in support of the Program for eligible items listed in Table 1-1 of
2 Revised Exhibit B of this Agreement."
3 6. Section 13, Grant Funding/Compensation, of the Agreement located on page 15 line 22 through
4 28, is deleted in its entirety, and replaced with the following:
5 "borne by Subrecipient. Subrecipient shall submit documentation to the County of Fresno,
6 County Administrative Office located at 2281 Tulare, Room 304, Fresno, CA 93721, or
7 electronically, to e-mail address fresnocao(a)-fresnocountyca.gov. Payment by County shall be in
8 arrears for services provided during the preceding period of time, within forty-five (45) days from
9 date of receipt, verification, and approval of Subrecipient's invoice and supporting documentation
10 by County. Requests for advancement of funds for anticipated eligible expenditures shall also be
11 accompanied by a written certification from the Subrecipient consistent with the amount of work
12 scheduled to be performed or materials to be purchased with the amount of funding being
13 requested from the County, and that the payment request is in accordance with the Program,
14 Table 1-1 of Revised Exhibit B of this Agreement. After appropriate review and inspection of the
15 payment request for advanced funding, the County shall make the payment available to
16 Subrecipient, less any amounts outstanding for which prior advanced funds have not been fully
17 expended or accounted with supporting documentation. If Subrecipient fails to comply with any
18 provision of this Agreement, County shall be relieved of its obligations for further compensation."
19 7. Section 15, Modification, of the Agreement, located on page 17, lines 11 through 12, is deleted in
20 its entirety, and replaced with the following:
21 "Any matters of this Agreement may be modified from time to time by the written consent of all
22 the parties without, in any way, affecting the remainder. Changes to line items, as set forth in
23 Revised Exhibit B, that, when added together during the term of the Agreement do not exceed
24 ten percent (10%) of the total maximum compensation payable to Subrecipient, may be made
25 with the written approval of Subrecipient and County's Administrative Officer or designee. These
26 modifications shall not result in any change to the maximum compensation amount payable to
27 Subrecipient, as described in this Agreement."
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1 8. A portion of Exhibit A, Program Description of the Agreement, located on page 26, lines 15
2 through 24, is deleted in its entirety, 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 minor
5 signs of Alzheimer's Disease, other dementia, and brain impairments, as well as their families and
6 caregivers. It will provide a funding source to help the Subrecipient reinstate, support, and
7 preserve the OASIS program to welcome back patients and increase its patient participation
8 number to the maximum capacity allowed by Community Care Licensing, by funding personnel
9 salaries and benefits and the OASIS program's operational expenditures for fiscal years from
10 July 1, 2022 to June 30, 2023 and from July 1, 2023, to June 30, 2024, which will benefit brain-
11 impaired adults and the elderly dealing with the challenges of aging and minor signs of Alzheimer's
12 Disease, as well as their families and caregivers, who were negatively impacted by the COVID-19
13 pandemic."
14 9. When both parties have signed this Amendment No. 1, the Agreement and this Amendment No.
15 1 together constitute the Agreement.
16 10. The Subrecipient represents and warrants to the County that:
17 a. The Subrecipient is duly authorized and empowered to sign and perform its obligations under
18 this Amendment No. 1.
19 b. The individual signing this Amendment No. 1 on behalf of the Subrecipient is duly authorized
20 to do so and his or her signature on this Amendment No. 1 legally binds the Subrecipient to
21 the terms of this Amendment No. 1.
22 11. The parties agree that this Amendment No. 1 may be executed by electronic signature as
23 provided in this section.
24 a. An "electronic signature" means any symbol or process intended by an individual signing this
25 Amendment No. 1 to represent their signature, including but not limited to (1) a digital
26 signature; (2) a faxed version of an original handwritten signature; or (3) an electronically
27 scanned and transmitted (for example by PDF document) version of an original handwritten
28 signature.
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1 b. Each electronic signature affixed or attached to this Amendment No. 1 is deemed equivalent
2 to a valid original handwritten signature of the person signing this Amendment No. 1 for all
3 purposes, including but not limited to evidentiary proof in any administrative or judicial
4 proceeding, and (2) has the same force and effect as the valid original handwritten signature
5 of that person.
6 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
7 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title
8 2.5, beginning with section 1633.1).
9 d. Each party using a digital signature represents that it has undertaken and satisfied the
10 requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5),
11 and agrees that each other party may rely upon that representation.
12 e. This Amendment No. 1 is not conditioned upon the parties conducting the transactions under
13 it by electronic means and either party may sign this Amendment No. 1 with an original
14 handwritten signature.
15 12. This Amendment No. 1 may be signed in counterparts, each of which is an original, and all of
16 which together constitute this Amendment No. 1.
17 13. The Agreement as amended by this Amendment No. 1 is ratified and continued. All provisions of
18 the Agreement and not amended by this Amendment No. 1 remain in full force and effect.
19 [SIGNATURE PAGE FOLLOWS]
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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
3
;2ele DiBuduo, F.,�cecutive Officer Nathan Magsig,Chairman of the Board
5 y Caregiver Resource Center of Supervisors of the County of Fresno
6 Attest:
Mailing Address: Bernice E.Seidel
7 Valley Caregiver Resource Center Clerk of the Board of Supervisors
5363 N. Fresno Street County of Fresno,State of California
8 Fresno, Ca 93710
g By:
� y
10 Deputy
11 For accounting use only:
12 Org: 1033
Fund: 0026
13 Subclass: 91021
Account: 7845
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1 Revised Exhibit B
2 Subrecipient Expenditure Plan
3 Subrecipient shall provide to County requests for payments for eligible expenses to complete the
4 Program. It is expressly agreed and understood that the total amount of SLFRF to be granted by County
5 to Subrecipient for the Program shall not exceed four hundred fifty-one thousand seventy-one dollars
6 ($451,071), which will provide funding assistance to address the negative economic impacts of the
7 pandemic on the OASIS program, help the Subrecipient reinstate, support, and preserve OASIS
8 program to welcome back patients, and increase its patient participation number to the maximum
9 capacity allowed by Community Care Licensing, by funding personnel salaries and benefits, as well as
10 the OASIS program's operational expenditures for fiscal years from July 1, 2022 to June 30, 2023 and
11 from July 1, 2023 to June 30, 2024. Payment requests to the County shall be on a quarterly basis (every
12 90 days)from the Effective Date of this Agreement. Reimbursement requests from Subrecipient to the
13 County shall also be accompanied by a written certification from the Subrecipient that the request for
14 payment is consistent with the amount of work and services completed, or materials purchased with the
15 amount of funding being requested from the COUNTY. Requests for advancement of funds for
16 anticipated eligible expenditures shall also be accompanied by a written certification from the
17 Subrecipient consistent with the amount of work scheduled or anticipated to be performed or materials
18 to be purchased with the amount of funding being requested from the County, and that the payment
19 request is in accordance with the Program, Table 1-1 of this Revised Exhibit B.
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B-1
1 Revised Exhibit B (continued)
2 Table 1-1, Revised Expenditure Plan
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4 Valley Caregiver Resource Center
5 Revised Expenditure Plan, Table 1-1
6 Personnel Costs
7 Staff Salaries and Wages $ 251,680 Salaries and Wages
Sub-total $ 251,680
g Taxes and Benefits $ 47,171 Includes but not limited to payroll taxes, workers
comp., health insurance, retirement.
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Total Personnel Cost $ 298,851
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Operations
11 Facilities Expenses $ 48,700 Includes but is not limited to facility rent, utilities
such as electricity and water, repair and
12 maintenance, alarm services and security, etc.
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Staff Travel and Training $ 900 Includes costs related to mileage, training, staff
14 development, and fees.
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16 Program Supplies and Food Costs $ 25,000 Includes expenditures related to program
17 specific supplies, day care snacks, and meals.
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19 Office Expenses $ 20,000 For the program's share of necessary office
expenses including, but not limited to, office
20 supplies, telephone and internet, postage,
printing, copy machine, etc.
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other expenses $ 57,620 Includes but is not limited to expenses related to
22 licenses and fees, advertising and outreach, etc.
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25 Total Direct Costs $ 152,220
26 Total ARPA Grant $ 451,071
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B-2
1 Revised Exhibit B (continued)
2 Payment 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: Payment 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