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HomeMy WebLinkAboutWestcare California, Inc. - ESG - Homeless - 2020 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this 100�— day of August, 2020, amends the Agreement entered into between the CITY OF FRESNO, a municipal corporation (City), and WESTCARE CALIFORNIA, INC. a California public benefit corporation (Subrecipient). City and Subrecipient are collectively referred to as Parties. RECITALS WHEREAS, City and Subrecipient entered into an Agreement, dated December 30, 2019, for the use of Program Year (PY) 2019 Emergency Solutions Grant (ESG) funds for the administration and implementation of the ESG program to provide assistance to the homeless and those at risk of becoming homeless to quickly regain stability in permanent housing after experiencing a housing crisis and/or homelessness within the City; and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has approved a minor amendment authorizing the City to reallocate PY 2016 ESG program savings to rapid rehousing activities; and WHEREAS, the Subrecipient currently operates a rapid rehousing program and has agreed to utilize PY 2016 ESG savings in place of a portion of the Subrecipient's PY2019 rapid rehousing grant award; and WHEREAS, the PY 2016 ESG program regulations and PY 2019 ESG program regulations remain consistent in their respective requirements; and WHEREAS, the Parties agree that the ESG award amount and scope of services under the Agreement will not change pursuant to this Amendment. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual premises herein contained, and for other good and valuable consideration hereby acknowledge, the Parties agree that the aforesaid Agreement be amended as follows: 1. The use of PY 2016 ESG funds in the amount of THIRTY-FIVE THOUSAND, FIVE HUNDRED TWENTY-EIGHT DOLLARS, AND NINETY-SEVEN CENTS ($35,528.97) and the use of PY 2019 ESG funds in the amount of ONE HUNDRED THIRTY-SIX THOUSAND, FOUR HUNDRED SEVENTY ONE DOLLARS, AND THREE CENTS ($136,471.03) not to exceed a total contract amount of ONE HUNDRED SEVENTY-TWO THOUSAND DOLLARS ($172,000) 2. In the event of any conflict between the body of this Amendment and any Exhibit or Attachment hereto, the terms and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any 1 Exhibit or Attachment hereto which purport to modify the allocation of risk between the Parties, provided for within the body of this Amendment, shall be null and void. 3. Except as otherwise provided herein, the Agreement entered into by City and Subrecipient , dated December 30, 2019, remains in full force and effect. [SIGNATURE PAGE TO FOLLOW] 2 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written. CITY OF FRESNO, WestCare California, Inc. A California muniC' I Corp n Subrecipient By: By: WiI City Manager Name:,-, -VY (Z' 1, t- I ri APPROVED AS TO FORM: Title: DOUGLAS T. SLOAN (If—corporation (br LLC, Board Chair, 4jA Pres. or Vice Pres.) ian Date ity Attorney q. I�-�j Name. 1 ATTEST: Title: � �,. YVONNE SPENCE, MMC CRM (If car oration or LLC, CFO, Treasur City CI rk Secretary or Assistant Secretary) 09/0 Z/aG Z-c) By: Deputy Addresses: �� CITY: SUBRECIPIENT: City of Fresno WestCare California, Inc. Attention: Thomas Morgan, Attention: Shawn Jenkins Community Development and Housing Senior Vice President Manager Phone: (559) 251-4800 2600 Fresno Street, CHN 3065 FAX: (559) 453-7827 Fresno, CA 93721 Phone: (559) 621-8064 Delivery/ Physical Address: FAX: 1900 N Gateway Blvd. Fresno, CA 93727 Mailing Address: PO Box 12107 Fresno, CA 93776 3