Standard Contract Page 1 of 3
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
County Administrative Office
Department Contract Representative Matthew Erickson, County Chief Financial Officer
Telephone Number (909) 387-5423
Contractor City of Fontana
UEI No. WLF8LH1TH3P8
Contractor Representative Matt Ballantyne, City Manager Telephone Number (909) 350-7653
Contract Term 7/1/2022 through 12/31/2026
Original Contract Amount Based on actual project costs not to exceed $1,545,000
Amendment Amount $(130,000)
Total Contract Amount Based on actual project costs not to exceed $1,415,000
Cost Center 1100921078
Internal Order (If Applicable) 1012320
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, on July 28, 2022, San Bernardino County (County) desired to transfer and City of Fontana (City or Contractor) desired to accept a transfer from American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Fund (CLFRF), Assistance Listing Number: 21.027 /Federal Assistance Identification Number: SLT -0628, in the not-to-exceed amount of $1, 545,000 for expenditures identified in Exhibit “A” related to Jack Bulik Park Improvement Project via Contract No. 22-784; and
WHEREAS, on August 23, 2022 (Item No. 21), the Board of Supervisor (Board) approved to ratify Contract No. 22-784 with the City to fund the projected expenditures identified in Exhibit "A” of the Contract to increase park usages by the Cit y residents and enhance user experience as well as encourage outdoor recreational activities and a health living environment; and
WHEREAS, County and City desire to decrease a total not-to-exceed contract amount from $1,545,000 to $1,415,000 and amend the scope of expenditures originally identified in Exhibit “A”; and
Contract Number
22-784 A1
SAP Number
ARPA21-PRJC-016-FON A-1
Revised 5/12/21 Page 2 of 3
WHEREAS, County and City agree to amend Contract No. 22-784, including the terms and conditions included in Exhibit “A”.
OPERATIVE PROVISIONS OF AMENDMENT NO. 1
NOW, THEREFORE, County and City mutually agree as follows:
Effective August 28, 2023, Contract No. 22-784 is hereby amended as follows:
1. Replace Section 1.A of the Contract in its entirety with the following:
1. THE ARPA CLFRF
A. This Contract applies to the following ARPA CLFRF transfers:
The transfer by the County of an amount not to exceed $1, 415,000 to Contractor on a reimbursement basis for expenditures identified in Exhibit “A -1”. Exhibit “A -1” is attached hereto and incorporated herein by this reference. County acknowledges and agrees that Contractor will be administering the transfer of funds for the expenditures identified in Exhibit “A-1” by separate contracts. Contractor shall provide the County quarterly reports of actual cash expenditures to date under this Contract, and estimated cash expenditures through December 31st of each year. County, through its Chief Executive Officer (CEO), in the CEO’s sole discretion, reserves the right to reduce the transfer amount identified in this Contract with fifteen (15) days advance written notice provided to Contractor. The reduction would be based: A) on Contractor’s estimated cash expenditures through December 31st of each year; B) a later determination by the United States Department of the Treasury, or County, that the costs identified in this Contract are ineligible for ARPA CLFRF; or C) a determination by CEO the funds should be utilized in a different manner.
2. Replace Exhibit “A” with Exhibit “A-1” that includes the not-to-exceed contract amount of $1,415,000 as well as the list of projected expenditures.
3. This Amendment No. 1 (Amendment) to Contract No. 2 2-784 may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Amendment. The parties shall be entitled to sign and transmit an electronic signature of this Amendment (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Amendment upon request.
4. All other terms and conditions of the Contract, as am ended, shall remain in full force and effect as written.
Revised 5/12/21 Page 3 of 3
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Julie Surber, Principal Asst. County Counsel
Date Date Date
SAN BERNARDINO COUNTY
City of Fontana
(Print or type name of corporation, company, contractor, etc.)
By
Luther Snoke, Acting Chief Executive Officer (Authorized signature - sign in blue ink) Dated:
Name
(Print or type name of person signing contract)
Title
(Print or Type)
Dated:
Address