HomeMy WebLinkAboutAgreement A-24-612 Amendment No. 1 to Agreement 23-590 with FCCHS.pdf Agreement No. 24-612
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 3, 2024 and is between Fresno City & County Historical Society, a California nonprofit
5 501(c)(3) corporation whose address is 7160 W. Kearney Boulevard, Fresno, CA 93706, and the County
6 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 making necessary investments in neighborhood features, such as recreation
13 facilities, which can improve physical and mental health outcomes.
14 C. On November 7, 2023, the County and the Subrecipient entered into County agreement number
15 23-590 ("Agreement"), with a compensation amount of$514,725, to fund necessary facility repairs,
16 restore exterior surfaces and interior spaces, and make improvements to the learning spaces in the
17 Kearney Mansion Museum & Gallery consisting of: the Servants' Quarters, the Carriage House, the
18 Icehouse, and the Archive rooms ("Program").
19 D. The Subrecipient represents that the original Expenditure Plan found in Table 1-1 of Exhibit B of
20 the Agreement ("Expenditure Plan")was based on projected costs from initial estimates that were not
21 developed with consideration of the requirements for prevailing wage, nor with a job estimate from a
22 contractor, and the Subrecipient represents that the Expenditure Plan now faces shortfalls that need
23 modification to accommodate prevailing wage and increasing construction costs.
24 E. The Subrecipient represents that since the approval of the Agreement, only one local
25 architecture firm was identified that has the necessary certifications to oversee construction projects on
26 a site identified as a national treasure and listed on the National Register of Historic Places.
27 F. The Subrecipient requests a revision to the Expenditure Plan to shift funding availability to help
28 offset increases in construction costs due to prevailing wage and the architectural estimates from the
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1 contracted firm, which were received after the Agreement was executed. The Subrecipient represents
2 that the Revised Table 1-1 of Revised Exhibit B proposes a change in the distribution of the allocated
3 funds within the current Expenditure Plan to accommodate the changes in costs. The change in
4 distribution resulted in the removal of line-item "V. Building Mothballing," and line-item "VII. Food Service
5 Improvements" from the Expenditure Plan, neither of which materially affected the initial scope of the
6 Program. The changes presented in Revised Exhibit B will ensure the Subrecipient can maximize and
7 fully expend SLFRF funds for the implementation of the Program. The Subrecipient represents that the
8 necessary changes exceeded what could be done expeditiously by using the Agreement's Modification
9 Clause.
10 G. On October 2, 2024, the Code of Federal Regulations (CFR), Title 2, which includes Section
11 200.414 dealing with Indirect Costs, was amended to allow a de minimis rate of up to 15 percent of
12 direct costs to be charged to the federal award to cover shared costs that are considered indirect, such
13 as rent, insurance costs, utilities and other costs that may be shared with other programs not being
14 funded by the federal award. In the Expenditure Plan of the Agreement, the Subrecipient had not
15 included an Indirect Costs line item. With the Revised Exhibit B, Subrecipient has requested to include
16 the available de minimis to cover unforeseen costs that may not fit clearly under the line items presented
17 for construction but are otherwise necessary to accomplish the Program. The "Contingency" line item is
18 being changed to "Direct Contingency" to clarify that the Contingency funding will be used for
19 unforeseen direct costs that will be needed to accomplish the maximum benefit intended by the
20 Program. There is no change to the maximum amount of the award.
21 H. The County and the Subrecipient now desire to amend the Agreement to revise the Program's
22 expenditure plan and allow the County Administrative Officer or designee to approve minor budgetary
23 modifications as needed and appropriate.
24 The parties therefore agree as follows:
25 1. This Amendment No. 1 shall be retroactive to the Effective Date of the Agreement, November 7,
26 2023.
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1 2. All references to "Exhibit B" in the Agreement shall be amended and referred to as "Revised
2 Exhibit B." The Revised Exhibit B and Revised Table 1-1 are attached to this Amendment No. 1 and
3 incorporated by this reference.
4 3. A portion of Subsection A of Section 13, Grant Funding/Compensation of the Agreement located
5 on page 18, starting on line 5 through line 19, is deleted, and replaced with the following:
6 "... carrying out its Program under this Agreement shall be borne by Subrecipient.
7 Subrecipient shall submit documentation to the County of Fresno, County Administrative
8 Office located at 2281 Tulare, Room 304, Fresno, CA 93721, or electronically, to e-mail
9 address fresnocao(a�fresnocountyca.gov. Payment by County shall be in arrears for
10 services provided during the preceding period of time, within forty-five (45) days from
11 date of receipt, verification, and approval of Subrecipient's invoice and supporting
12 documentation by County. Requests for advancement of funds for anticipated eligible
13 expenditures shall also be accompanied by a written certification from the Subrecipient
14 that the amount of funding being requested from the County is consistent with the amount
15 of work scheduled to be performed or materials to be purchased, and that the payment
16 request is in accordance with the Program, including Table 1-1 of Revised Exhibit B of
17 this Agreement. After appropriate review and inspection of the payment request for
18 advanced funding, the County shall make the payment available to Subrecipient, less any
19 amounts outstanding for which prior advanced funds have not been fully expended or
20 accounted with supporting documentation. If Subrecipient fails to comply with any
21 provision of this Agreement, County shall be relieved of its obligations for further
22 compensation."
23 4. When both parties have signed this Amendment No. 1, the Agreement, and this Amendment No.
24 1 together constitute the Agreement.
25 5. The Subrecipient represents and warrants to the County that:
26 a. The Subrecipient is duly authorized and empowered to sign and perform its obligations under
27 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 6. 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 7. 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 8. 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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3 The parties are signing this Amendment No. 1 on the date stated in the introductory clause.
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Subrecipient County of Fresno
5 /
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7 Elizabeth Laval, President of the Fresno Nathan Magsig, Chairman of the Board of
City & County Historical Society Supervisors of the County of Fresno
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9 Mailing Address: Attest:
Fresno City &County Historical Society Bernice E. Seidel
10 7160 W. Kearney Boulevard Clerk of the Board of Supervisors
Fresno, CA 93706 County of Fresno, State of California
11 /� '
12 By: At V —
Deputy
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For accounting use only:
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Org No.: 1033
15 Account No. 7845
Fund No.: 0026
16 Subclass No.: 91021
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1 Revised Exhibit B
2 Subrecipient Expenditure Plan
3 SLFRF to be granted by the COUNTY to SUBRECIPIENT for the Program shall not exceed five
4 hundred fourteen thousand seven hundred twenty-five dollars ($514,725) to fund necessary facility
5 repairs, restore exterior surfaces and interior spaces, and make improvements to the learning spaces in
6 the Kearney Mansion Museum & Gallery consisting of: the Servants' Quarters, the Carriage House, the
7 Icehouse, and the Archive rooms so that the SUBRECIPIENT may safely reinstate in-person academic
8 programs and services that would benefit students ranging from kindergarten through twelfth grade from
9 local area school districts, history researchers, Kearney Park visitors, and will be responsive to the
10 negative social impacts due to the pandemic. SUBRECIPIENT shall submit written payment requests for
11 the payment of eligible necessary expenses in support of the Program. Payment requests for the
12 COUNTY to make such payments shall be in accordance with the sample Payment Request Form,
13 attached as Revised Exhibit B-1 and incorporated by this reference. Payment requests shall include
14 copies of purchase orders, receipts, and reimbursement requests, detailing items purchased, and
15 expenses incurred or anticipated to be incurred in support of the Program for eligible items listed in
16 Table 1-1 of Revised Exhibit B of this Agreement.
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B-1
1 Revised Table 1-1, Revised Expenditure Plan
2 REVISED EXHIBIT B
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4 Table 1 - 1
Estimated
5 Project Line Items Program Narratives
6 Cost 6 1 ::[
Will fund soft expenses in support of the project, including
7 but not limited to: Architectural/Engineering; Historical and
8 I. Soft Cost $61,587.00 cultural consultancy, administration costs, reports and
studies for hazard materials testing and plans for
9 remediation, building permits and health and safety
permits and related soft cost expenditures
10 Will fund the projects reroofing costs, including but not
11 limited to the removal of the existing roofing materials,
II. Reroofing $48,000.00 installation of plywood/OSB roof sheathing, repair and
12 replacement of damaged or deteriorated framing
members
13 Will fund costs including but not limted to the removal of
14 metal screens at windows to allow access to the window
III. Wood Trim and Molding $64,400.00 frames and trim; repair or replace damaged doors,
15 window frames, trim, and the installation of weather seals
at exterior doors.
16 Will fund costs for priming and painting wall surfaces,
17 IV. Painting and Plaster Repair $164,000.00 including resurfacing to patch and address cracking of
interior or exterior surfaces.
18 Will fund costs related to clean-up removal of hazerdous
19 V. Hazard Material Remediation $35,000.00 material, including but not limited to construction materials,
waste, debris, mold as identified by the Hazardous
20 Materials Report.
VI. Staircase and Railing 00000 Will fund costs to improve, repair, and/or replace
21 Reeplacements $30, . staircase/s and railing for interior and/or exterior areas
22 VII. Indirect Costs 15% 2 C.F.R. 200.414 was updated October 2, 2024 allowing
( ) $67,138.00 de minimis rate of up to 15%.
23 TOTAL PROJECT $470,125.00
CONSTRUCTION COST
24 The purpose of the contingency is to account for items not
25 Direct Contingency $44,600.00 included in the current estimate which may occur during
any phase of the planning, design, site clean-up, or
26 1construction
27 Total Grant $514,725.00
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B-2
1 Revised Exhibit B
2 Drawdown Request Form
3 Date:
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County of Fresno
5 ARPA- SLFRF Coordinator
2281 Tulare Street, Room 304
6 Fresno, CA 93721
7 Subject: Drawdown Request for
8 Subrecipient Program Subrecipient Name
9 In accordance with the executed Agreement for the above-referenced Program, the
10 [SUBRECIPIENT NAME] is requesting drawdown payment of$ 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