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Home My WebLink AboutWestCare California, Inc. - First Amendment to the Emergency Solutions Grant (ESG) contract with WestCare and the award of $464,426 in funding for the period of the extension to provide outreach, shelter, and rapid rehousingI tl¿ ll , ä i':, : f t;'/ t t; FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT ("Amendment")made and entered into as of this 1Sth day of Auqust 2015, amends the Agreement entered into between the CITY OF FRESNO, a municipal corporation ("C|TY"), and WestCare Califomia, lnc., a California 50 1 (cX3) not-for-profit Corporation ("RECI Pl ENT"). RECITALS CITY and RECIPIENT entered into an Agreement, dated January 29,2015, 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 CITY and RECIPIENT now desire to modify RECIPIENT's compensation and modify the time of completion. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein conditioned, and for other good and valuable consideration hereby acknowledge, the parties agree that the aforesaid Agreement be amended as follows: 1. The term of the Agreement is extended from August 15, 2015 to June 30, 2016. 2. RECIPIENT's sole compensation for satisfactory performance of all services required or rendered pursuant to this Amendment shall be a total fee of $850,388. 3 Except as otherwise provided herein, the Agreement entered into by CITY and CONSULTANT, dated January 29,2015, remains in fullforce and effect, 4. ln 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 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. ilt ill lil Fund/Org: 22085402165 FY 2012,2013 aú2014 ESG Grant lN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written. By: By: Cíty Manager ATTEST: WONNE SPENCE, CMC City Clerk CITY OF FRESNO, A California municÍpal corporation Deputy City Attorney Addresses: CITY: City of Fresno Attention: Bruce Rudd, City Manager 2600 Fresno Street, Room 3076 Fresno, CA 93721 Phone: (559) 621-8300 FAX: (559) 488-1078 Fund./Org: 22085 4021 65 FY 2012,2013 aú2014 ESG Grant WestCare California, lnc. a California 501 (cX3) not-for-profit Corporation (Attach Nota ry Gertificate of Acknowled gement) (lf corporation or LLC, Board Chair, Pres. A-r^ll'¡¿x'b fð B,.Ji By;ü)<c- A gÒt;?-o3 Title:Cø-trúo I Secretary or Assistant Secretary) RECIPIENT WestCare California, lnc. Attention: Shawn Jenkins, Senior Vice President 1505 N. Chestnut Fresno, CA 93703 Phone: (559) 251-4800 FAX: (559) 537-7827 By: Shawn Jenkins APPROVED AS TO FORM: DOUGLAS T. SLOAN On CALIFORNIA ALL. PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ] personally appeared who proved to me on the basis of satisfactory evidence to be the person whose which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.M PISTALU coMM # 1952356rornny p uir.Tc.äoäiın m E .. FRESNo couNly zMy comm,ssron eiories =September 16. ZOls I(Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document continued) Number of Pages _ Document Date_ 201 5 Version uruw NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This forn complies vith ctnt'enl Caliþrnia slatutes t'egarding notaty 'wording and, ifneeded, should be conpleled ond allached lo lhe document. Achrovledgments from other stales may be contpletedþr documents being sent to that state so long as the tording does not require the California notary to úolate California notary latv. o State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. o Date of notariz¿tion must be the date that the signer(s) personally appeared which must also be the same date the ack¡owledgment is conrpleted ¡ The uotary public must print his or her name as it appears within his or her commission followed by a comma and then your title (noøry public). o Print the name(s) of document signe(s) who personally appear at the time of notarization o Indicate the correct singular or plural forms by crossing off incorrect forms (i e. he/she/they; is /a¡e ) or circling the correct forms. Failure to conectly indicate this information may lead to rejection ofdocument recording . The notary seal irnpression must be clear and photographically reproducible únpression must not cover text or lines. If seal impression smudges, re-seal if a sufñcient area pen¡its, otherwise complete a different acknowledgment form. . Sig¡ature ofthe notary public nrust match the signature on file \ùith the office of the county clerk..:. Additional information is not required but could help to ensure this acknowledgrent is not misused or attached to a different document * Indicate títle or type ofattached document, number ofpages and date. * Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e CEO, CFO, Secretary) ¡ Securely attach this document to the signed document with a staple. CAPACITY CLAIMED BY THE SIGNER ! lndividual(s) ! Corporate Officer (Title) ! Partner(s) ! Attorney-in-Fact ! Trustee(s) tr Other CALIFORNIA ALL.PURPOSE ACKNOWLEDGMEI{T crvrl coDE s 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this ceftificate is attached, and not the truthfulness, accuracy, or validity of that document. State of C County of On September i 6'201 5 before me,Katheryn Cornell-, Notary Publ-ic alifornia Fresno Date personally appeared Here lnseri Name and Title of the Officer ***:k**þ¡UCe Rudd****** Name(s) of Signe(s) who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed the same in or the entity upon behalf of which the personþ) acted, executed the instrument. I certify under PENALry OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above OPTIONAL Though fhls secfion is optional, completing this information can deter atteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document First Amendment to Agreement itle or Type of DocumentÍüe9lcare Cal-i f ornia, Inc Document Date: 0B / 15 /201 fages: Signe(s) Other Than Named Above: Capacity(ies)Signer(s) Signer's Name:Signer's Na I i Paftner - I Limited f] General - fl Limited fl General KATHERYN CORNETL Commi¡cþn 1201æ17 Nolary Pubtb - CCibmi¡ - Funo Canrily conm. E¡piræ cÅn,nfl i I lndividual I I Trustee flAttorney in Fact l ì Attorney in Fact fj Guardi l-l Trusteetl Other: Signer ls Guardian or Conservatortl Other: Signer ls @2014 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6822) ttem #5907 ,4..COFID"J-'CERTIF¡GATE OF LIABILITY INSURANCE DATE (MMiDDÍYYYY} 6t16t2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYANDCONFÊRSNORIGHTSUPONTHECERTIFICATEHOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHEPOLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE tSSUtNc TNSURER(S), AUTHORTZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certif¡cate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. lf SUBROGATION tS WAIVED, subject to the terms andconditionsofthepolicy,certainpolíciesmayrequireanendorsement. Astatementonthiscertificatedoesnotconferrightstothe certificate holder in lieu of such endorsement(s). PRODUCER Willis of Florida, lnc. c/o 26 Century Blvd P.O. Box305l9l Nashville, TN 37230-5191 uoN tAu I NAME: iË8.nN',.E-n.(877) 945-7378 llÉã."",, (BBB) 462-237s E.MAIL ADDRESS: INSURER(S} AFFORD¡NG COVERAGÉ NAIC # tNsuRER a :Arch lnsurance comoanv fl150 INSURED WestGare California, Inc. PO Box 94738 Las Vegas, NV 89193-4738 i\supEs s ; Commerce & lndustry lnsurance Companv 19410 INSI.JRER C: INSURER D: INSURER E : INSIjRER F: COVERAGES CERTIFIGATE NUMBER; WESTFOU-02 SMITHGA REVTSION NUMBER: @ 1988-2014 ACORD CORPORATÍON. AII rights reserved. The AGORD name and logo are registered marks of ACORD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT' TERM OR CONDITION OF ANY CONTRACTOROTHERDOCUMENTWTHRESPECTTOìiryl-llCHTH|S CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREINISSUBJECTTOALLTHETERMS. EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR TYPE OF INSURANCE Nqr POLICY NUMBER UMITS A X COMMERCIAL GENERAL LIABILITY-l "*,rr-too. lT-l o."ro X X \¡TPKG0005308 07to1t2015 07101t2016 EACH OCCURRENCE s 1,000,00( UAIV¡AGb IORhNITD PREMISES lEa oæurenæl E 1,000,00f MED EXP lAnv one Derson\$20,00( PERSONAL & ADV INJURY s 1,000,001 GEI f L AGGREGATÉ LIMIT APPLIES PER: 'o'-'""f]5Ëgi lXl.o" OTHER: GENERAL AGGREGATE $3,000,00( PRODUCTS - COI\4PIOP AGG $3,000,00( $ A AUIF OMOBILE LIABIUTY ANYAUTO ALLo\/NIED T-lSCHEDULEDAUTos I I ^urosl--l NoNowNEDHIREÐAUTOS I I AUTos tt X ,¡T4UT0002708 07/,o112015 0710112016 COMBINED SINGLE LI[4IT lEa accidentl $ I,000,00( BODILY INJURY (Per person)$ BODILY INJURY (Per aæ¡dent)$ PROPERTY DAMAGE lPer accidentl $ $ A UMBRELLA LIAB EXCESS LIAB X I o""r*-_l.*,r.-roo,{TFXS0015602 EACH OCCURRENCE $2,000,00( X 071o1t2a15 0710112016 AGGREGATE $2,000,00( oeo I X I Rerrru1orus 10'00[$ B WORKERS COMPENSANON AND EMPLOYERS' LIABILIry N/A X MC018721029 o2t26t2016 vIHtsK I IUIH.AIqTÀTIFÉI IEÞ ANY PROPRI ETORi PARTN ER,/EXECUTIVE fV=OFFICERA¡EI\¡BER EXCLIJDED? L'(Mandatory in NH) lfyes, describe under DESCRIPTION OF OPERATIONS befow 0212612015 E L. EACH ACCIDENT E 1,000,00( E L. DISEASE. EA EMPLOYFI e 1,000,00( E L. DISEASE - POUCY LIMIT 1,00û,00( A A )rofessional Liab. \buse & Molestation ,¡TPKG0005308 ,1TPKG0005308 071o1t2015 071o112015 07t01t2016 07t01t2016 Occ. $1,000,000/Agg 3,000,00( Occ. $1,000,000/Agg 3,000,00( DESCRIPTION OF OPERAT|ONS / LOCATIONS , VEHICLES (ACORD I 01, Add¡tional Remarks Schedute, may be attached if more space is required) Gity of Fresno, a California Municipal Corporation, hereinafter referred to as CITY, its officers, officiafs, employees, agents and volunteers are included asAddltfonal lnsureds as respects to General LiabiliÇ íncluding completed operations and Auto Liability. General Liability and Auto Liability policies shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional lnsureds. The Excess Liability policy is Follows Form. SEE ATTACHED ACORD 1OI City of Fresno, a Galifornia Muncipal Gorporationctw 2600 Fresno Street, Room 2097 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANGE WITH THE POLICY PROVISIONS. AUIHORIZED REPRESENTATIVE ¿*>ú'z?'r4 AcoRD 25 (2014to1) AGENcy cUSTOMER lD: WESTFOU-02 LOC #: I ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY lVillis of Florida, lnc. NAMED INSURED WestCare California, lnc, PO Box 94738 Las Vegas, NV 891934738POLICY NUMBER iEE PAGE 1 CARRIER ìEE PAGE 1 NAIC CODE SEEPl EFFECTIVEDATE: strtr PAGtr ,I THIS ADDITIONAL REMARKS FORM fS A SCHEDULE TO ACORD FORM, FORM NUMBER:25 FORM TITLE: Gertificate of Liability lnsura0gg Description of Operations/LocationsfVehicles: Waiver of Subrogation applies in favor of City of Fresno, a Galifornia Municipal Corporation, hereinafter referred to as CITY, its officers, officials, employees, agents and volunteers with respects to Workers Gompensation as permitted by law. ADDITIONAL ACORD 101 (2008/01) @ 2008 ACORD CORPORATION. All rights rèserved. The ACORD name and logo are regístered marks of ACORD