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HomeMy WebLinkAbout2023-016-A3 - County of San Luis Obispo for CDBG Amendment Two Page 1 of 7 AMENDMENT THREE TO THE SUBRECIPIENT AGREEMENT FOR 2020, 2022 and 2023 COMMUNITY DEVELOPMENT BLOCK GRAND FUNDS BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF ATASCADERO This Amendment Three to the Subrecipient Agreement for 2020, 2022 AND 2023 Community Development Block Grant (CDBG) funds between the County of San Luis Obispo and the City of Atascadero (“Agreement”) is made and entered into the date and year last written below by and between the County of San Luis Obispo, a political subdivision of the State of California, hereinafter called “Recipient” and the City of Atascadero, a municipal corporation, hereinafter called “Subrecipient”; jointly referred to as “Parties”. WITNESSETH: WHEREAS, the Subrecipient applied for 2020, 2022 and 2023 CDBG funds to support the Santa Rosa Road Barrier Removal Project (hereinafter called “Project”); and WHEREAS, the Recipient and the Subrecipient entered into an Agreement to implement the Housing and Community Development (HCD) Act of 1974, herein called the “Act”. Said Act is omnibus legislation relating to federal involvement in a wide range of housing and community development activities and is administered by the federal Department of Housing and Urban Development (hereinafter "HUD"); and WHEREAS, on May 5, 2020, the County of San Luis Obispo Board of Supervisors approved the County of San Luis Obispo Program Year 2020 Action Plan of the Consolidated Plan and projected use of funds pursuant to applicable federal regulations (24 CFR Part 570) (hereinafter referred to as the “2020 Action Plan”); and WHEREAS, on April 19, 2022, the County of San Luis Obispo Board of Supervisors approved the County of San Luis Obispo Program Year 2022 Action Plan of the Consolidated Plan and projected use of funds pursuant to applicable federal regulations (24 CFR Part 570) (hereinafter referred to as the “2022 Action Plan”); and WHEREAS, on May 2, 2023, the County of San Luis Obispo Board of Supervisors approved the County of San Luis Obispo Program Year 2023 Action Plan Docusign Envelope ID: 84DD5F87-8FDF-4ED1-B73C-1C5278BF25BE CITY OF ATASCADERO CONTRACT NUMBER: 2023-016 A3 Amendment Two Page 2 of 7 of the Consolidated Plan and projected use of funds pursuant to applicable federal regulations (24 CFR Part 570) (hereinafter referred to as the “2023 Action Plan”); and WHEREAS, this agreement shall remain in effect throughout the implementation of projects specified in the Urban County of San Luis Obispo’s Program Year 2020 Action Plan of the 2020 Consolidated Plan (Federal Award Identification #B-20-UC-06-0508), Program Year 2022 Action Plan of the 2020 Consolidated Plan (Federal Award Identification #B-22-UC-06-0508), Program Year 2023 Action Plan of the 2020 Consolidated Plan (Federal Award Identification #B-23- UC-06-0508) and any amendments thereto; and WHEREAS, the Federal Award date identified in the Grant Agreement for the 2020 CDBG funds is September 2, 2020, the Federal Award date identified in the Grant Agreement for the 2022 CDBG funds is September 20, 2022; the Federal Award date identified in the Grant Agreement for the 2023 CDBG funds is September 18, 2023; and WHEREAS, on May 5, 2020, the County of San Luis Obispo Board of Supervisors approved funding in the amount of one hundred fourteen thousand five hundred sixty-six dollars ($114,566) from the 2020 Community Development Block Grant funds (hereinafter referred to as “CDBG”); and WHEREAS, on April 19, 2022, the County of San Luis Obispo Board of Supervisors approved funding in the amount of ninety thousand six hundred fifty- two dollars ($90,652) from the 2022 CDBG funds; and WHEREAS, on May 2, 2023, the County of San Luis Obispo Board of Supervisors approved funding in the amount of one hundred twenty thousand one hundred fifty-five dollars and fourteen cents ($120,155.14) from the 2023 CDBG funds; and WHEREAS, administrative reallocations of 2017 CDBG funds of eleven thousand one hundred forty-seven dollars and eighty-four cents ($11,147.84); 2018 CDBG funds of nineteen thousand five hundred twenty-two dollars and six cents ($19,522.06); and 2020 CDBG funds of two hundred seventy-seven dollars ($277.00); and 2021 CDBG funds of thirty thousand four hundred eighty-eight dollars and fifty cents ($30,488.50) were added to this project; and Docusign Envelope ID: 84DD5F87-8FDF-4ED1-B73C-1C5278BF25BE Amendment Two Page 3 of 7 WHEREAS, CDBG funds available for this project total three hundred eighty- six thousand eight hundred eight dollars and fifty-four cents ($386,808.54); and WHEREAS, the Recipient completed the necessary federal environmental review documents per 24 CFR Part 58 to account for all CDBG funds allocated to the Project; and WHEREAS, the Parties desire to enter into this Agreement to govern the use of the CDBG funds for the Project; and WHEREAS, the Subrecipient requested an extension of the duration date through June 25, 2025, and the Parties have agreed to the extension as per Exhibit C; and NOW, THEREFORE, it is agreed between the parties hereto that: 1. Effective Date and Duration. The Agreement, Exhibit C, is deleted and replaced in its entirety with the amended Exhibit C, attached hereto and incorporated herein by reference. 2. Agreement Signatures. This Amendment may be executed in counterparts, each of which shall be deemed to be an original, but all of which, when taken together, shall constitute one and the same agreement. This Contract may be executed and delivered by facsimile or scanned signature by any of the Parties and the receiving Party may rely on the receipt of such document so executed and delivered by facsimile or email as if the original had been received. 3. Unamended Provisions. Except as expressly amended therein, all provisions of the Agreement shall remain in full force and effect. 4. Effective Date. This Amendment shall be effective as of the date this Amendment is signed by County, and that signatory shall be the last to sign. Docusign Envelope ID: 84DD5F87-8FDF-4ED1-B73C-1C5278BF25BE Amendment Two Page 4 of 7 IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and the year set forth below. City of Atascadero, a municipal corporation of the State of California, located in the County of San Luis Obispo INITIALED BY: Jerri Rangel Director of Administrative Services DATED: ________________ BY: ________________________________ James R. Lewis City Manager DATED: ________________ BY: ________________________________ Lara K. Christensen City Clerk DATED: ________________ Docusign Envelope ID: 84DD5F87-8FDF-4ED1-B73C-1C5278BF25BE 10/14/2024 10/19/2024 10/28/2024 Amendment Two Page 5 of 7 COUNTY OF SAN LUIS OBISPO, A Political Subdivision of the State of California BY: ________________________________ Devin Drake Director, Department of Social Services DATED: ________________ APPROVED AS TO FORM AND EFFECT: RITA L. NEAL County Counsel BY: ________________________________ Deputy County Counsel DATED: ________________ Docusign Envelope ID: 84DD5F87-8FDF-4ED1-B73C-1C5278BF25BE 10/28/2024 10/28/2024 Amendment Two Page 6 of 7 EXHIBIT C (Amended) Effective Date and Duration 1. Effective Date: This Agreement shall be effective as of the date this Agreement is signed by County, and that signatory shall be the last to sign. 2. Service Date. a. Services shall commence on or after July 2, 2020, and shall end upon the end of the duration date, as outlined in section 3 of this Exhibit, below. a. County specifically acknowledges that in anticipation of execution of this Agreement, services within the scope of this Agreement may have been provided in reliance on assurances that this Agreement would be executed by the Parties by July 2, 2020. Pre-award costs, services may have been rendered from July 2, 2020, to the date the Parties are executing this Agreement, and which were intended in the best interest of the public health and welfare, must meet the requirements provided in the County’s grant agreement or other applicable HUD written approval of pre-award costs. County expressly authorizes the retroactive effective date under this Agreement to be July 2, 2020. County also expressly authorizes payment for those services accepted by County at the same rates and under the same terms and conditions as stated in this Agreement, even though this Agreement is being signed after July 2, 2020. b. 24 CFR Part 58 prohibits the commitment or expenditure of HUD funds until the environmental review process has been completed and the subrecipient receives an “Ability to Obligate and Incur Costs” notice from the County. d. If any services from July 2, 2020, until the date of execution of this Agreement have been paid by a purchase order via County Purchasing Agent, that amount shall be deducted from the maximum allowed expenditure under Exhibit B of this Agreement. Docusign Envelope ID: 84DD5F87-8FDF-4ED1-B73C-1C5278BF25BE Amendment Two Page 7 of 7 3. Duration Date. This Agreement shall remain in effect from the effective date, stated in section 1 of this Exhibit, above, until June 25, 2025, unless terminated sooner pursuant to sections 6 or 7 of Exhibit D, or extended pursuant to section 5 of this Exhibit. 4. Final Payment Request Deadline. All final payment requests for the period ending June 25th are due to the Recipient no later than the 10th business day of June to meet County fiscal year-end deadlines. Failure to submit final requests with complete documentation by the aforementioned date may result in payment delay or forfeit of funds. 5. Option to Extend. a. The Director of the County Department of Social Services or his or her designee may, at his or her sole discretion, grant the Subrecipient up to two (2) one hundred eighty (180) day term extensions upon receipt of a written request from the Subrecipient, provided that the final end date of the term does not extend beyond twenty-four (24) months after the effective date identified in this paragraph. Such extension must be requested no later than forty-five (45) days before the end date of the original term in the case of the first extension, and no later than forty- five (45) days before the end date of the first extension in the case of the second (2nd) extension. b. Should both Parties exercise the right to extend this Agreement, the maximum fund amount for this Agreement in total per extended term is identical to the maximum fund amount as described in Exhibit B. Docusign Envelope ID: 84DD5F87-8FDF-4ED1-B73C-1C5278BF25BE Certificate Of Completion Envelope Id: 84DD5F878FDF4ED1B73C1C5278BF25BE Status: Completed Subject: Complete with Docusign: 08.14.24 Amendment Three Santa Rosa Rd Barrier Removal.pdf Source Envelope: Document Pages: 7 Signatures: 4 Envelope Originator: Certificate Pages: 5 Initials: 1 George Solis AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) gdsolis@co.slo.ca.us IP Address: 204.88.250.24 Record Tracking Status: Original 10/14/2024 3:51:18 PM Holder: George Solis gdsolis@co.slo.ca.us Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: DSS - Homeless Services Location: DocuSign Signer Events Signature Timestamp Jeri Rangel jrangel@atascadero.org Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 75.128.77.114 Sent: 10/14/2024 4:33:50 PM Viewed: 10/14/2024 4:54:23 PM Signed: 10/14/2024 5:08:21 PM Electronic Record and Signature Disclosure: Accepted: 10/14/2024 4:54:23 PM ID: 80a9839f-4221-4418-9653-c860646d53fd James R Lewis jlewis@atascadero.org Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 68.170.76.112 Signed using mobile Sent: 10/14/2024 5:08:23 PM Viewed: 10/19/2024 8:16:17 AM Signed: 10/19/2024 8:16:33 AM Electronic Record and Signature Disclosure: Accepted: 10/19/2024 8:16:17 AM ID: aa198ed9-a2b9-479a-bc26-9a23a8bd1756 Lara Christensen lchristensen@atascadero.org Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 75.128.77.114 Sent: 10/19/2024 8:16:34 AM Resent: 10/25/2024 4:13:02 PM Viewed: 10/28/2024 4:18:49 PM Signed: 10/28/2024 4:19:01 PM Electronic Record and Signature Disclosure: Accepted: 10/28/2024 4:18:49 PM ID: d8d15b06-b617-40ef-b9f7-c3398f28db02 Benjamin Dore bdore@co.slo.ca.us Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 204.88.224.11 Sent: 10/28/2024 4:19:03 PM Viewed: 10/28/2024 4:28:32 PM Signed: 10/28/2024 4:28:51 PM Electronic Record and Signature Disclosure: Accepted: 10/28/2024 4:28:32 PM ID: e1989c12-1b99-4e59-96fb-45e6a3b3c4ec Signer Events Signature Timestamp Devin Drake ddrake@co.slo.ca.us Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 204.88.250.24 Sent: 10/28/2024 4:28:53 PM Viewed: 10/28/2024 4:59:08 PM Signed: 10/28/2024 4:59:16 PM Electronic Record and Signature Disclosure: Accepted: 9/4/2024 8:24:41 AM ID: 1e2ffaa1-7d3a-4f8e-b382-aae61d37fdd1 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Margaret Castle mrcastle@co.slo.ca.us Security Level: Email, Account Authentication (None) Sent: 10/28/2024 4:59:17 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Fiscal team ss_grantsfiscal@co.slo.ca.us Security Level: Email, Account Authentication (None) Sent: 10/28/2024 4:59:18 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/14/2024 4:33:51 PM Certified Delivered Security Checked 10/28/2024 4:59:08 PM Signing Complete Security Checked 10/28/2024 4:59:16 PM Completed Security Checked 10/28/2024 4:59:18 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, DSS - Homeless Services (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 8/15/2024 10:43:37 AM Parties agreed to: Jeri Rangel, James R Lewis, Lara Christensen, Benjamin Dore, Devin Drake Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact DSS - Homeless Services: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: jmacfarlane@co.slo.ca.us To advise DSS - Homeless Services of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at jmacfarlane@co.slo.ca.us and in the body of such request you must state: your previous email address, your new email address. 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