HomeMy WebLinkAboutReading and Beyond - Amended and Restated - Housing Retention - 2nd Amdt. - 20211
SECOND AMENDMENT TO
AMENDED AND RESTATED AGREEMENT
THIS SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT
(Amendment) is effective as of September 2, 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 Reading and Beyond, 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. 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 increase 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 and funded through the City’s
allocation under the Consolidated Appropriations Act, 2021 (Section 501 of
subtitle A of title V of division N of Pub.L. 116-260) (“CAA”), and is subject to
any constraints set forth therein.
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 increased from $2,236,637 to $3,616,637.
Source Current Funding Additional Funding
CARES Funding $106,884 $0
ERA 1 – Federal $1,330,250 $0
ERA 1 – State $0 $0
General Fund $799,503 $0
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ERA 2 – Federal $0 $1,380,000
ERA 2 – State $0 $0
Total $2,236,637 $3,616,637
2. Compensation. ADMINISTRATOR’s compensation from the CITY shall be
modified from $448,216 to $628,216. The ADMINISTRATOR shall use the
compensation for program administration, including application processing.
3. Term. The term of the agreement will expire on December 31, 2021, subject to
extension for no more than 9 months with City Manager approval and signature.
4. Additional Services. ADMINISTRATOR shall provide additional Housing
Retention Grant Program administration services as follows:
• Source of Funds: Emergency Rental Assistance (ERA) 2 program
established by Section 3201(a) of the American Rescue Plan Act of
2021, Pub. L. No. 117-2 (March 11, 2021).
• Additional Program Funds: $1,380,000
• Additional Compensation (Included in Additional Program
Funds): $180,000.
• Compliance: ADMINISTRATOR shall be subject to compliance with
all applicable laws and regulations applicable to ERA funding and
Section 501 of Division N of the Consolidated Appropriations Act, 2021,
Pub. L. No. 116-260, including any required reporting requirements.
ADMINISTRATOR shall submit expenditure reports on an as-needed
basis by dates specified by the City, who will provide those dates to the
ADMINISTRATOR within 15 days of the Effective Date of this
agreement. Additionally, ADMINISTRATOR shall submit a final
expenditure report within 45 days after termination of the Agreement.
The expenditure report shall contain detailed information with an
ongoing tracking of the specific uses and expenditures of any grant
funds broken out by uses. Program reports shall be in a form and
schedule as mutually agreed to by the parties. In addition to the
expenditure and program reports, City may require supplemental
reporting with written notice to ADMINISTRATOR. If
ADMINISTRATOR fails to provide such documentation, City may
terminate this Agreement.
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.
[SIGNATURE PAGE FOLLOWS]
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CITY OF FRESNO,
a California municipal corporation
By:
Thomas Esqueda,
City Manager
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Taylor W. Rhoan Date
Deputy City Attorney
ATTEST:
BRIANA PARRA, CMC
Interim City Clerk
By:
Deputy
Reading and Beyond, 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)
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Lesley Fairburn
Controller
Executive Director
Luis Santana
8/23/2021
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9/2/2021
9/3/2021