HomeMy WebLinkAboutAgreement A-25-346 Amendment I to Agreement with the City of Selma (2).pdf 24-1389 Agreement No. 25-346
1 AMENDMENT I TO AGREEMENT
2 THIS AMENDMENT I TO AGREEMENT, ("Amendment I"), is made this 8t" day of
3 July , 2025 ("Effective Date"), by and between the COUNTY OF FRESNO, a political
4 subdivision of the State of California ("County"), and the CITY OF SELMA ("City").
5 WITNESSETH
6 WHEREAS, the County has been designated as the sponsoring agency to administer and
7 implement the Community Development Block Grant (CDBG) Program activities of the County,
8 and its participating cities, in accordance with the provisions of Title I of the Housing and
9 Community Development Act of 1974, as amended, and the laws of the State of California; and
10 WHEREAS, on September 10, 2024, the County and the City entered into Agreement 24-
11 496 ("Agreement"), whereby $232,796 in CDBG funds were made available to the City for the
12 Selma Sidewalk Connectivity, Phase III, Project No. 24651 ("Project"); and
13 WHEREAS, the City informed the County that the total estimated cost of the Project has
14 increased from $232,796 to $301,257 due to increased construction costs; and
15 WHEREAS, the City is in need of$68,461 in CDBG funding to complete the Project; and
16 WHEREAS, there is $68,461 in CDBG funds that can be made available to the City for the
17 Project this fiscal year.
18 NOW THEREFORE, in consideration of their mutual promises as hereinafter set forth, the
19 County and City agree to amend the Agreement as follows:
20 1. Page 1, Lines 14-18 is amended to read:
21 "WHEREAS, the City has estimated that the total cost of the Project is $301,257, and the
22 City has requested the sum of$301,257 from the County's allocation of CDBG funds; and
23 WHEREAS, the County Board of Supervisors, at a public hearing conducted on June 18,
24 2024, approved as part of the County's 2024-2025 Annual Action Plan, the usage of$232,796 in
25 CDBG funds for the Project, as requested by the City; and
26 WHEREAS, there is an additional $68,461 in CDBG funds that can be made available to
27 the City for the Project in Fiscal Year 2025-26; and"; and
28 2. The proposed Project budget on Page 2, Lines 20 through 22, is amended to read:
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"Construction $230,461
1 Design & Construction Engineering 49,500
Contingency, Permits & Misc. 21,296
2 Total $301,257"
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3. The proposed funding summary for the Project on Page 3, Lines 1-2, is amended
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to read:
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"CDBG $301,257
6 Local Financial Contribution 0
Total $301,257"
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4. That the dollar figure set forth on Page 2, Line 25; Page 3, Line 15; and Page 5,
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Line 1, is amended in each such place to read "$301,257."
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5. Electronic Signatures. The parties agree that this Amendment I may be executed
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by electronic signature as provided in this section.
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(A) An "electronic signature" means any symbol or process intended by an individual
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signing this Amendment I to represent their signature, including but not limited to (1) a digital
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signature; (2) a faxed version of an original handwritten signature; or(3) an electronically scanned
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and transmitted (for example by PDF document) version of an original handwritten signature.
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(B) Each electronic signature affixed or attached to this Amendment 1 (1) is deemed
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equivalent to a valid original handwritten signature of the person signing this Agreement for all
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purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding,
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and (2) has the same force and effect as the valid original handwritten signature of that person.
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(C)The provisions of this section satisfy the requirements of Civil Code section 1633.5,
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subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
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beginning with section 1633.1).
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(D) Each party using a digital signature represents that it has undertaken and satisfied
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the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5),
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and agrees that each other party may rely upon that representation.
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(E) This Amendment I is not conditioned upon the parties conducting the transactions
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under it by electronic means and either party may sign this Amendment I with an original
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handwritten signature.
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6. Counterparts. This Amendment I may be signed in counterparts, each of which is
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1 an original, and all of which together constitute this Amendment I.
2 County and City agree that this Amendment I is sufficient to amend the Agreement, and
3 that upon execution of this Amendment I, the Agreement and this Amendment I together shall be
4 considered the Agreement.
5 The Agreement, as hereby amended, is ratified and continued. All remaining provisions,
6 terms, covenants, conditions, and promises contained in the Agreement and not amended by this
7 Amendment I shall remain in full force and effect.
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1 IN WITNESS WHEREOF, the parties have executed this Amendment I as of the day and year
2 first hereinabove written.
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CITY OF SELMA COUNTY OF FRESNO
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BY: BY
7 J n Kunkel, Interim City Manager Earnest Buddy Mendes, C irman of the
Board of Supervisors of the
8 County of Fresno
9 Date: .2° 2� Date: —aOa.s
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ATTEST:
11 Bernice E. Seidel
Clerk of the Board of Supervisors
12 County of Fresno, State of California
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14 Deputy
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19 REMIT TO:
20 FUND NO: 0001
SUBCLASS NO: 10000 City of Selma
21 ORG NO: 7205 Attn: Jerome Keene, Interim City Manager
ACCOUNT NO: 7885 1710 Tucker Street
22 PROJECT NO: N24651 Selma, CA 93662
ACTIVITY CODE: 7219 Telephone: (559) 891-2200
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