HomeMy WebLinkAboutReading and Beyond - 5th Amdnt Agrmnt - 9-6-2022LIUUU01 11 CI IVCIUpZ IW. M I C! IiDMU-4J/ r'KUl'�-�:Jl:J-U4JY 14:JM I OL14
FIFTH AMENDMENT TO
AMENDED AND RESTATED AGREEMENT
THIS FIFTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT
(Amendment) is effective as of 9/6/2022 . (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 (R&B), 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 17, 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.
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 $7,066,637 to $8,216,637.
Source Current Funding Additional Funding
CARES Funding $106,884 $0
ERA 1 — Federal $1,330,250 $0
ERA 1 — State $113,836.44 $0
General Fund $799,503 $0
ERA 2 — Federal $4,716,163.56 $1,150,000
ERA 2 — State T_ $0 $0
Total $7,066,637 $1,150,000
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2. Compensation. ADMINISTRATOR's compensation from the CITY shall be
modified from $1,078,216 to $1,228,216. The ADMINISTRATOR shall use the
compensation for program administration, including application processing.
3. Term. The term of the agreement will expire on December 31, 2022.
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: $1,150,000.
• Additional Compensation (Included in Additional Program
Funds): $150,000.
• Compliance: ADMINISTRATOR shall be subject to compliance with
all applicable laws and regulations applicable to ERA funding
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) and the Treasury Guidance as issued in the Final
Rule, 31 CFR Part 35, effective as of April 1, 2022, 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:P�)
ocuSlgnod by:
9/6/2022
Geargeanne A. White,
City Manager
APPROVED AS TO FORM-
RINA M. GONZALES
merim&U4ttprney
By: T- pr 1�hqo, 9/6/2022
Tay or W.'K h o a n Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
cuSlgnod by:
By:
F3-*- U 9/6/2022
Deputy
Reading and Beyond (R&B), a California
Non -Pro it orboration
cu gla y
By: (,uis �IAJAIMA
Name: Luis Santana
Title: Executive director
(If corporation or LLC., Board Chair,
Prpos. or Vice Pres.)
Name:
Lesley Fairburn
Title: controller
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)