HomeMy WebLinkAboutFresno Center - 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 The Fresno Center, 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 14, 2020 (the Agreement).
B.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.
C.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.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.
2.Term. The Term of the Agreement shall be extended to and expire on
December 31, 2021.
3.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: $1,118,882
•Additional Compensation (included in Additional Program
Funds): $111,888
•Scope of Services: ADMINISTRATOR shall use the Additional
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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.
4.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
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
THE FRESNO CENTER,
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: 6FD594D1-140A-4D86-BE61-E453A1842BA4
President & CEO
Pao Yang
Board Chair
Claudia Soria-Delgado2/1/2021
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2/4/2021
2/5/2021