HomeMy WebLinkAboutCentro La Familia - Amended and Restated - Housing Retention - 1st Amdt. - 20211
FIRST AMENDMENT TO
AMENDED AND RESTATED AGREEMENT
THIS FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT
(Amendment) is effective as of February 1, 2021, (the Effective Date) and amends
the Amended and Restated Agreement for Administration of the City of Fresno
Housing Retention Grant Program between the City of Fresno, a municipal
corporation (CITY), and Centro La Familia Advocacy Services, A California Non-profit
Corporation (ADMINISTRATOR).
RECITALS
A.CITY and ADMINISTRATOR are parties to that certain Amended and
Restated Agreement for Administration of the City of Fresno Housing
Retention Grant Program dated December 15, 2020 (the Agreement).
B.Pursuant to the Agreement, the CITY has issued to ADMINISTATOR
Program Funds in relation to the administration and awarding of Housing
Retention Grants in the City of Fresno; CITY and ADMINISTRATOR now
desire to modify the Agreement to reduce the Program Funds issued to
ADMINISTRATOR, as set forth below.
C.In recognition of ADMINISTRATOR’s considerable time, effort, and expense
spent to administer the program, CITY and ADMINISTATOR further wish to
modify ADMINISTRATOR’s compensation, as set forth below.
D.CITY and ADMINISTRATOR also desire to extend the term of the Agreement
and expand the scope of the Agreement to include the administration of
grants funded by additional funding received by the CITY pursuant to the new
federal Emergency Rental Assistance program.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which recitals are
contractual in nature, the mutual promises herein contained, and for other good and
valuable consideration hereby acknowledged, the parties agree that the aforesaid
agreement be amended as follows:
1.Program Funds. The total Program Funds issued to ADMINISTRATOR to date
shall be reduced from $1,118,750 to $1,006,875. ADMINISTRATOR shall remit
to CITY the amount of $111,875 within 10 days of the Effective Date of this
Amendment, which amount shall be deducted from the CITY’s initial CARES Act
distribution to ADMINISTRATOR for grants.
2.Compensation. ADMINISTRATOR’s compensation from the CITY’s initial
General Fund allocation shall be modified from 20% of such Program Funds to a
flat fee of $274,500. The ADMINISTRATOR shall use the compensation for
program administration, including application processing, and to increase its
application processing rate to approximately ____ applications per week.
3.Term. The Term of the Agreement shall be extended to and expire on December
31, 2021.
DocuSign Envelope ID: B5A23E3C-C3CD-415D-9014-39723246322C
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DocuSign Envelope ID: A4AE2120-998B-468F-AF84-76E8F8EE7D0A
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4.Additional Services. ADMINISTRATOR shall provide additional Housing
Retention Grant Program administration services as follows:
•Source of Funds: Emergency Rental Assistance (ERA) program
established by Section 501 of Division N of the Consolidated
Appropriations Act, 2021, Pub. L. No. 116-260 (Dec. 27, 2020).
•Additional Program Funds: $1,230,757.00
•Additional Compensation (included in Additional Program
Funds): $111,888.
•Scope of Services: ADMINISTRATOR shall use the Additional
Program Funds to continue program administration, including
application processing as set forth in the Agreement and herein, and in
compliance with the Act and additional guidance issued from time to
time by the CITY and the United States Department of Treasury,
including that provided in Exhibit A hereto.
•Compliance: ADMINISTRATOR shall be subject to compliance with
all applicable laws and regulations applicable to ERA funding.
5.Effect of Amendment. Except as expressly modified by this Amendment, the
Agreement is hereby reaffirmed and ratified. In the event of any conflict between
the Agreement and this Amendment, this Amendment shall control.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
set forth above.
CITY OF FRESNO,
a California municipal corporation
By:
Thomas Esqueda,
City Manager
CENTRO LA FAMILIA ADVOCACY SERVICES,
a California Non-profit Corporation
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
DocuSign Envelope ID: B5A23E3C-C3CD-415D-9014-39723246322C
Bob Solis
Board Chair
Treasurer
Hidemi Kimura
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APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Raj Singh Badhesha Date
Supervising Deputy City Attorney
ATTEST:
YVONNE SPENCE, CRM MMC
City Clerk
By:
Deputy
DocuSign Envelope ID: B5A23E3C-C3CD-415D-9014-39723246322C
2/1/2021
DocuSign Envelope ID: A4AE2120-998B-468F-AF84-76E8F8EE7D0A
2/5/2021