HomeMy WebLinkAboutJakara Movement - Agreement - 3-20-2023UUUu,Dl II CI IVCIUF t: IU. I / LrMU
AGREEMENT FOR ADMINISTRATION OF
CITY OF FRESNO HOUSING RETENTION GRANT PROGRAM
THIS AMENDED AND RESTATED AGREEMENT (Agreement) is made and
entered into effective the loth day of March , 2023, (Effective Date), by and
between the CITY OF FRESNO, a California municipal corporation (City), and Jakara
Movement, a California Non-profit Corporation (Administrator).
RECITALS
A. On March 13, 2020, President Trump declared a National Emergency concerning
the Novel Coronavirus Disease (COVID-19) outbreak, and on March 16, 2020,
Mayor Brand declared a Local Emergency, ratified by Council.
B. City seeks assistance with the administration of Housing Retention Grants to
individuals and families to mitigate financial impacts and prevent future
homelessness for those that have suffered as a result of the COVID-19 outbreak.
C. In February 2021, The City was awarded funding from both US Treasury and the
State of California for the implementation of the Emergency Rental Assistance
Program (ERAP)
D. Program funds may only be awarded to applicants that meet Program
requirements, and any guidelines the City establishes.
E. Administrator is engaged in the business of furnishing technical and expert
services as an administrator of grant programs, and hereby represents that it
desires to and is professionally and legally capable of performing the services
called for by this Agreement.
F. The City and Administrator entered into an Agreement dated January 29, 2020
(Original Agreement) and an Amended and Restated Agreement dated
December 22, 2021 (Amended Agreement), for the Administration of City of
Fresno Housing Relief Grant Program, and the parties confirm that all prior actions
made pursuant to the Original and Amended Agreement are effective as if made
under this Agreement on the date made and that no provision of this Agreement is
intended to result in the duplication of any such prior action by any party.
G. This Agreement will be administered for the City by its City Manager or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions, and premises hereinafter contained to be kept and performed by the
respective parties, it is mutually agreed as follows:
1. Services. City engages Administrator to provide the services set forth in
Exhibit A and to market and administer the Program that complies with the City's
guidelines set forth herein (collectively, the Services).
Program funds may be released immediately to Administrator in an amount
mutually agreed upon by the Parties. The Administrator shall ensure the Program is run
in compliance with the approved procedures as determined by the Parties and agrees
that all funds allocated under this Program are subject to audit and recapture.
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2. Compensation. City will pay Administrator a final payment of $1,169,794.38
including an administration fee of 15%, payable from Program funds. This funding is in
addition to the $370,041 disbursed previously to Administrator for the program
implementation.
3. Term of Agreement: Suspension and Termination.
(a) The term of this Agreement shall begin on the Effective date, and terminate
March 31, 2023.
(b) The City may terminate this Agreement without cause by giving the
Administrator thirty days' prior written notice. Upon written notice to the Administrator, City
may suspend new activity by Administrator pending Administrator's taking corrective
actions as specified by the City. Either party may terminate this Agreement with cause
after giving the other party prior written notice and at least thirty days to cure the default.
Upon expiration or early termination of this Agreement by City without cause, Administrator
shall aid the City in continuing, uninterruptedly, the requirements of this Agreement, by
continuing to perform on a temporary basis, when specifically requested to do so in writing
by the City, for a specified term not to exceed twelve months.
(c) Source of Funds:
i. CARES Act. The parties understand and agree that, to the extent
applicable, all Program funds derived from the City's CARES Act (42 U.S.C. 801)
allocation must be awarded or otherwise committed by December 30, 2020.
Program funds awarded to recipients by December 30, 2020, may be delivered in
the usual course of business pursuant to CARES Act guidance issued by the
Department of Treasury. City and Administrator shall meet regularly to ensure all
funding will be awarded or otherwise committed by December 30, 2020. The City
reserves the right to recoupment of, and Administrator acknowledges its obligation
to repayment of, Program funds not awarded or otherwise committed by
December 30, 2020.
ii. General Fund. Program funds derived from the City's General Fund
shall not be subject to compliance with the federal CARES Act, including the
requirements for awarding funds by December 30, 2020.
iii. 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)
(d) On expiration or termination of this Agreement, any undisbursed Program
funds will be returned to the City. Unless modified by mutual agreement of the parties, on
expiration or termination of the Agreement, Administrator will return all documents to City.
(e) If Administrator fails to perform any obligation under this Agreement, and
does not cure the failure within thirty calendar days after City gives written notice of it, the
failure will be a material breach of this Agreement. The City may after that immediately
terminate this Agreement, and exercise any right, remedy, or privilege available to it under
this Agreement, at law or in equity.
4. Compliance with all Laws and Regulations. Administrator will perform the
Services in compliance with all applicable laws, ordinances, regulations, and guidelines,
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as existing, and after this amended, whether federal, state, regional, or by local
administrative or regulatory agencies. 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. Books and Records. Administrator will maintain segregated accounts,
books, and records for the Program, and will not combine any accounts, books, or records
with those for grants or loans it administers for any other program or entity, or its general
books, accounts and records. Administrator will maintain the records for at least four
years after this Agreement terminates, or four years after each grant is paid, whichever
is later. This section shall survive expiration or termination of this Agreement.
6. Audits and Reports. To the extent applicable as set forth hereinabove,
Administrator will comply with Coronavirus Aid, Relief, and Economic Security (CARES)
Act guidelines as promulgated by the United States Department of Treasury.
Administrator shall be solely responsible for complying with reporting and audits as may
be required. Upon City's request, Administrator shall immediately make available and
give City staff access to Administrator's Program books, records, grant files, financial
statements, and computer or other electronic records.
City will conduct any audits during normal business hours. Audits performed by
outside Certified Public Accountants will be at the expense of the requesting party. Any
monies determined to be owed to the City's Program shall be paid promptly by
Administrator.
Within 90 days of the termination of this Agreement, Administrator shall provide to
City a summary report which shall include information identifying the number of grant
applications approved and the associated grants amounts awarded.
7. Independent Contractor. In the furnishing of the Services, Administrator is
acting solely as an independent contractor. Neither Administrator, nor any of its officers,
agents, or employees shall be deemed an officer, agent, employee, joint venturer,
partner, or associate of City for any purpose. City shall have no right to control or
supervise or direct the manner or method by which Administrator shall perform its work
and functions. However, City shall retain the right to administer this Agreement so as to
verify that Administrator is performing its obligations in accordance with the terms and
conditions thereof.
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8. Indemnification. City shall indemnify, hold harmless and defend
Administrator and each of its officers, officials, employees, agents, and volunteers from
any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in
contract, tort or strict liability, including but not limited to personal injury, death at any time
and property damage) incurred by Administrator, City or any other person, and from any
and all claims, demands and actions in law or equity (including attorney's fees and
litigation expenses), arising or alleged to have arisen directly or indirectly from the
negligent or intentional acts or omissions, or willful misconduct of City or any of its officers,
officials, employees, agents, or volunteers in the performance of this Agreement; provided
nothing herein shall constitute a waiver by City of governmental immunities including
California Government Code section 810 et seq.
Administrator shall indemnify, hold harmless and defend City and each of its
officers, officials, employees, agents, and volunteers from any and all loss, liability, fines,
penalties, forfeitures, costs and damages (whether in contract, tort or strict liability,
including but not limited to personal injury, death at any time and property damage)
incurred by the City, Administrator or any other person, and from any and all claims,
demands and actions in law or equity (including attorney's fees and litigation expenses),
arising or alleged to have arisen directly or indirectly from the negligent or intentional acts
or omissions, or willful misconduct of Administrator or any of its officers, officials,
employees, agents, or volunteers in the performance of this Agreement; provided nothing
herein shall constitute a waiver by Administrator of governmental immunities including
California Government Code section 810 et seq.
In the event of concurrent negligence on the part of City or any of its officers,
officials, employees, agents, or volunteers, and Administrator or any of its officers,
officials, employees, agents, or volunteers, the liability for any and all such claims,
demands and actions in law or equity for such losses, fines, penalties, forfeitures, costs
and damages shall be apportioned under the State of California's theory of comparative
negligence as presently established or as may be modified hereafter.
Notwithstanding the aforementioned, Administrator recognizes that one source of
funds for the Agreement is derived from the City's allocation from the federal Coronavirus
Relief Fund, distributed pursuant to the CARES Act (42 U.S.C. 801.) To this end
Administrator shall, without limitation, indemnify the City, and each of its officers, officials,
employees, agents, and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages incurred by the City from any and all claims, demands
and actions in law or equity (including attorney's fees and litigation expenses), arising or
alleged to have arisen directly or indirectly from the negligent or intentional acts or
omissions, or willful misconduct of Administrator or any of its officers, officials, employees,
agents, or volunteers in the performance of this Agreement and compliance with the
federal CARES Act, including specifically reimbursement to the United States Department
of Treasury under 42 U.S.C. 801(f)(2) for failure to comply with the CARES Act.
This section shall survive termination or expiration of this Agreement.
9. Nondiscrimination. To the extent required by controlling federal, state and
local law, Administrator shall not employ discriminatory practices in the provision of
Services, employment of personnel, or in any other respect on the basis of race, religious
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creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, or ethnicity.
10. General Terms.
(a) City Authorized Signature. Except as otherwise provided by law, all notices
expressly required of City within the body of this Agreement, and not otherwise
specifically provided for, shall be effective only if signed by the City Manager or designee.
(b) Notices. Any notice, request, demand, consent, approval or other
communication (the "Notice") required or intended to be given to either party under the
terms of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by electronic mail provided the noticing party provides
a hard copy by mail, or sent by United States registered or certified mail with postage
prepaid, return receipt requested, addressed to the party to which the Notice is to be given
at the party's address set forth on the signature page of this Agreement or at such other
address as the parties may from time to time designate by written Notice. Unless
otherwise specified, a Notice will be deemed given when received if sent return receipt
requested or the date of receipt is otherwise verifiable, but if delivery is not accepted or
verifiable, then delivery will be deemed on the earlier of the date that delivery is refused
or 48 hours after Notice is sent.
(c) Binding. Subject to paragraph (d), below, once this Agreement is signed by
all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each
party's respective heirs, successors, assigns, transferees, agents, servants, employees,
and representatives.
(d) Assignment. This Agreement is personal to Administrator and there shall
be no assignment, sale or subcontracting by Administrator of its rights or obligations
under this Agreement without the prior written approval of the City Manager or designee.
Any attempted assignment, sale or subcontracting by Administrator, its successors or
assigns, shall be null and void unless approved in writing by the City Manager or
designee.
(e) Waiver. The waiver by either party of a breach by the other of any provision
of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions of this
Agreement may be waived unless in writing and signed by all parties to this Agreement.
Waiver of any one provision herein shall not be deemed to be a waiver of any other
provision herein.
(f) Governing Law and Venue. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this
Agreement and any rights and duties hereunder shall be Fresno County, California.
(g) Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or add to
the interpretation or meaning of the provisions of this Agreement.
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(h) Severability. The provisions of this Agreement are severable. The invalidity
or unenforceability of any one provision in this Agreement shall not affect the other
provisions.
(i) Interpretation. The parties acknowledge that this Agreement in its final form
is the result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved
by construing this Agreement in favor of or against either party, but rather by construing
the terms in accordance with their generally accepted meaning.
0) Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at law or in
equity.
(k) No Third Party Beneficiaries. The rights, interests, duties and obligations
defined within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary in this
Agreement, it is not intended that any rights or interests in this Agreement benefit or flow
to the interest of any third parties.
(1) Time is of the Essence. Time is of the essence of every provision herein
contained.
(m) Further Assurances. The parties will sign all further documents and take
any further steps necessary to carry out the intent and purpose of this Agreement.
(n) Extent of Agreement. The exhibit is incorporated into and made a part of
this Agreement. Each party acknowledges that they have read and fully understand the
contents of this Agreement. This Agreement is the entire Agreement between the parties
hereto with respect to the administration of the City's Program and supersedes all prior
negotiations, representations or agreements, either written or oral. This Agreement may
not be modified, amended, or otherwise changed in any manner except by a writing
signed by an authorized representative of the party against whom enforcement is sought.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
A Ca ' aj6,wWpicipal corporation
3/20/2023
By: t
Georgeanne A. White
City Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attgor..CV by:
By: F`�' 17' A" 3/17/2023
AngeIar M . M arst Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City gjjSSlgned by:
By:
l" q61— 3/20/2023
Deputy 1-i na Your Date
Addresses:
CITY:
City of Fresno — Finance/GMU
Attention: Courtney Espinoza, Business
Manager
2600 Fresno Street
Fresno, CA 93721
Phone: (559) 621-7008
Attachments: Exhibit A - Scope of Services
JAKARA MOVEMENT,
a California Non-profit Corporation
ftned by:
By:rZ
Name: Nandeep Singh
Title: executive director
(If corporation or LLC., Board Chair, Pres.
By:�� _
Name: Harpreet Kaur
Title: Treasurer
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
ADMINISTRATOR:
Jakara Movement
Attention: Nandeep Singh
Executive Director
6089 N. 1st St
Fresno, CA 93710
Phone: (559) 6474700
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Exhibit A
SCOPE OF SERVICES
Administrator shall perform the following services:
1. Administer the City of Fresno Housing Retention Grant Program (Program)
as follows:
(i) To be eligible an applicant must:
a. Be a City of Fresno resident.
b. Have a signed rental agreement or an alternate form of
documentation verifying applicant's tenancy and monthly rent,
or similar documentation in the case of mortgage assistance.
C. Provide evidence the grant will be used to prevent eviction or
support housing related financial assistance. This may
include, but is not limited to payment of rent, future rent, non -
City utilities, and needed health and safety related home
repairs that, if left unaddressed, will jeopardize occupancy.
d. Be at or below 80% Area Median Income (AMI), verified by
documentation from a third party or an affidavit signed by the
applicant stating current income during and prior to the
COVID-19 crisis.
e. Have not received assistance for rent or other living expenses
from another government program relating to COVID-19.
f. Proof that Applicant has fallen behind on rent due to other
factors related to COVID-19, to be approved at the discretion
of the Administrator within the context of the ERA 2 Program
legislation and guidelines.
g. Applicants previously awarded grant funds may re -apply and
may be awarded grant funds if they meet Program criteria;
any subsequent award shall be limited to the difference
between the original award and the maximum award allowed
under for the period covered by the request.
(ii) A participating landlord shall accept grant funds up to 18 months of
rental arrears between April 2020 and the current date, for their
tenant with a completed application.
(iii) The Program does provide for an appeal process and the City and
Administrator's final determination on award of Program funds is
final.
(iv) Administrator shall make grant applications available as soon as
possible.
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(v) Grants shall be awarded from qualified applicants on a first -come
first -served basis. Applicant's submission of an application does not
guarantee financial assistance.
2. Marketing and community outreach. This will be done independently, and
in collaboration with partnering nonprofit organizations, in coordination with
and as directed by the City. Administrator may, in its sole discretion, use
its administration fee for marketing and community outreach. Administrator
shall not use Program funds for marketing and community outreach without
the written consent of the City Manager.
3. Disburse funds as directed and in accordance with this Scope of Work.
4. Maintain all documents and records in a safe and secure facility.
5. Prepare status reports on a monthly basis, or as requested by the City.
6. Work cooperatively with the City to develop any modifications to the
Program if they become necessary due to changes in laws, regulations, or
changes that will make administration of the program more effective. This
shall also include making recommendations to City, and responding to
questions from City, about the program and for the purpose of making
administration of the program more effective.
7. Operate the Program in accordance with generally accepted accounting
principles.
8. Administrator will verify that each application is complete, and meets the
City's threshold eligibility requirements, as the City may revise the
requirements from time to time, with notice to Administrator, and shall
evaluate each application to decide whether the proposed grantee is eligible
under the Program Requirements as set forth in this Exhibit A.
9. Administrator will set up an application process that includes, without
limitation, giving the applicant an information checklist containing the
specific Program Requirements of the Program.
10. Administrator will maintain all Program funds in a segregated Program
account.
11. Administrator shall report the final distribution of grants to the City
Controller, reporting shall consist of the total number of applications with a
copy of all the applications received with the final grant distribution for each
Recipient.
12. Administrator shall maintain records of applications and grants distributed
and ensure that all distributions follow CARES expenditure guidelines.
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