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HomeMy WebLinkAboutFresno Area Hispanic Foundation First Amendment To Agreement 9-28-23 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this 28th day of September 2023, amends the Agreement entered into between the CITY OF FRESNO, a California municipal corporation (the City), and Fresno Area Hispanic Foundation, (Administrator). RECITALS WHEREAS, City and Administrator entered into an Agreement dated September 28, 2023, for the Business Fagade Improvement Program (Agreement); and WHEREAS, City and Administrator now desire to modify the scope of services; and WHEREAS, by entry into this Amendment, the Administrator agrees it has no claim, demand or dispute with the City. AGREEMENT NOW, THEREFORE, the parties agree that the Agreement be amended as follows: 1. Exhibit A is deleted in its entirety and shall be replaced with the "Revised Exhibit A" attached hereto to reflect the changes in Scope of Work. 2. In 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. 3. Except as otherwise provided herein, the Agreement entered into by City and Administrator, dated September 28, 2023, remains in full force and effect. [Signatures follow on next page.] IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, Fresno Area Hispanic Foundation, a California municipal corporation a California nonprofit corporation By: By- O)V,1;7,� Georojanne A. White Date Dora Westerlund City %nager, City of Fresno Name: Title: CEO APPROVED AS TO FORM (If corporation or LLC., Board Chair, ANDREW JANZ Pres. or Vice Pres.) City Attorney By: By: Z 10/03/23 An ela M. Karst Date Name: Yery Olivares Senior Deputy City Attorney coo Title: ATTEST: (If corporation or LLC., CFO, TODD STERMER, CMC Treasurer, Secretary or Assistant City Clerk 1 Secretary) By: CU 7i(J�3 D ty ( , �o� Date Attachment: Exhibit A EXHIBIT A SCOPE OF WORK, BUDGET AND METRICS EXECUTIVE SUMMARY The City of Fresno Small Business Fagade Improvement Grant Program for District 1 and District 4 (Program) provides a total of$1,000,000 for fagade improvements of buildings and eligible commercial businesses and/or non-profits located in the City of Fresno within Districts 1 and 4. The Program is designed to fund physical improvements to commercial buildings or business facades visible from public rights-of-way. The intent is to strengthen the economic vitality of Fresno by improving the exterior physical appearances of qualified businesses and/or non-profits. The appearance of individual business and/or non-profits storefronts is believed to have a significant influence on economic success. By improving their physical appearance, businesses and/or non-profits will have a much greater potential for attracting and retaining customers. This program shall be funded by the General Fund. Funding of individual fagade improvement projects will be provided for project costs that meet specific criteria. The program provides for funding to an approved applicant of 100% of the costs actually paid for certain fagade improvements identified in the program with a maximum reimbursement of up to $25,000 for single storefront properties and up to $50,000 for properties with multiple storefronts in District 1 and a maximum reimbursement of up to $40,000 for single storefront properties and up to $75,000 for properties with multiple storefronts in District 4. Only exterior renovations of existing businesses qualify. New construction is NOT eligible under the Program. The funding will be split equally between Districts 1 and 4; of the $450,000 allocated to District 4; up to $100,000 shall be prioritized for non-profits. GOALS AND OBJECTIVES It is anticipated that the Program will provide 25 — 50 fagade grants. This is dependent on the number and type of qualified applications that are received and selected for funding. Eligible program applicants shall be selected on a first come first serve basis. BUDGET: Fagade Improvement Grants to Qualified $900,000 (To be split equally between Businesses Districts 1 and 4. Grant Management and Administration $ 100,000 • Marketing • Overhead • Staffing • Other grant management costs • _Application assistance TOTAL $1,000,000 PROGRAM QUALIFICATIONS AND CRITERIA: Existing Properties Maximum Reimbursement: District 1 $25,000/District 4 with Single Storefront $40,000 Existing Properties Maximum Reimbursement: District 1 $50,000/District 4 with Multiple $75,000 Storefronts Other Criteria 1) Applicant must be physically located and operating in the City of Fresno in an area designated on the maps attached in Districts 1 and 4 (Maps - Exhibit B). 2) Only EXTERIOR facade renovations of EXISTING businesses and/or non-profits are eligible. 3) All historic properties must comply with the Secretary of the Interior Standards for the Rehabilitation of Historic Structures and receive approval from the City of Fresno Historic Preservation Commission. 4) Businesses within the boundary of the Tower District Design Guidelines shall first obtain approval from the Tower District Design Review Committee prior to commencing any facade improvements. 5) All work must be performed by a verified licensed contractor with a valid City of Fresno Business Tax Certificate. 6) Preference will be given to locally owned and operated businesses and/or non-profits. 7) Workforce — Businesses and non-profits must have 75 or fewer employees within the eligible district. 8) The following types of businesses are not eligible to receive grant funds: smoke shops, cannabis, and liquor stores, banks, law firms, government offices. Other Eligibility 1. If a tenant business owner is applying, a signed letter Requirements from the building owner approving the project must be submitted. 2. Proof of appropriate insurance for contractor must be provided. 3. Must receive invoices from at least 2-3 potential contractors. 4. Application must be completed and approved with all proper documentation and required attachments before work can begin. 5. Business that are owned (in whole or part) by City of Fresno Staff, Councilmembers, Fresno Area Hispanic Foundation Staff or their spouses or domestic partners are NOT eligible. TIMELINE The program timeline will be implemented as follows: Months 1 - 2 1. FAHF will design the application and all marketing material. They will work with community partners to develop material in the necessary languages including English, Spanish, Hmong and Punjabi. All material will be approved by City of Fresno Staff, in collaboration with District 1 and 4 Staff, before it is distributed publicly. 2. FAHF will develop a database for the enrollment and tracking of applicants/businesses that participate in the program. 3. A landing page within the FAHF website will be developed to provide additional information and allow potential participants to enroll directly online. 4. Once finalized/approved by the City, in collaboration with Districts 1 and 4; FAHF shall begin marketing the Program via multiple media outlets including social media and direct door-to-door outreach, which will begin and will continue until December 31, 2024, or all funding is allocated, whichever comes first. 5. FAHF shall schedule workshops and information sessions at various locations through identified corridors in Districts 1 and 4, as approved by these council districts to promote the program and answer questions. Month 3— program end 1. Applications and documentation will be received and assessed based on the eligibility qualifications above. FAHF must ensure that applications deemed qualified comply with these guidelines before proceeding with a grant. 2. FAHF Staff will track all applicants/applications. 3. Once approved, a portion of the grant amount (up to $12,500 for District 1 and up to $20,000 District 4 for singular storefronts; and $25,000 for District 1 and $37,500 for District 4 for multiple storefronts) will be provided up front to the qualified business and/or non-profits. 4. Once the project is completed, and proof of all work and costs is submitted, the remainder of the will be provided to the applicant. Marketing and technical assistance may be subcontracted to partner organizations as needed in an effort to effectively market to and assist qualified businesses in Fresno, only upon prior written approval of City. PROJECT REPORTING AND METRICS 1. FAHF will keep track of the following program metrics and will provide the City of Fresno and Districts 1 and 4 with reports as needed showing, at a minimum, the following: a. Number of small businesses reached. b. Number of applications received and status of each. c. Names and relevant information (address, ownership info, Council District and demographic information)for each business that submits an application (funded AND not funded). d. Detailed information on businesses that have been awarded including reimbursements received/due, work done or planned, before and after photos, demographic information, address, ownership info, Council District...etc. e. Number of applicants/businesses that accessed loan funds from FAHF to cover additional costs of fagade improvements. f. Number of one-on-one consultation hours provided. g. Number of businesses that received technical assistance. h. Information on outreach methods used. i. Industries of businesses awarded. j. Number of applicants/businesses that have received reimbursements from the City of Fresno and corresponding dollar amounts/amounts due. k. Status of applicants'/businesses' fagade improvement projects. I. Any other information deemed necessary by the City of Fresno. FAHF will track the processes within their management system and provide monthly updates to staff. Quarterly Reports —will be required on the dates listed below and will include required narrative, program metrics and expenses to date. A quarterly reporting template will be provided. Quarterly reporting will be required if project is operational during the performance period. Final Annual Reports — will be required on the dates below and are not dependent on when your project started. An annual reporting template will be provided. Annual reporting will be required if project is operational during the performance period. L Performance Period Quarterly Report Due Grant Execution — 10/31/2023 11/16/2023 11/1/2023 - 1/31/2024 2/15/2024 2/1/2024 - 4/30/2024 5/15/2024 5/1/2024-7/31/2024 8/15/2024 Performance Period Final Report Due Grant Execution —7/21/2024 8/15/2024 In order to disburse additional funding, an audit will be done to show the progress of the program. ALL FUNDING MUST BE ALLOCATED BY 12/31/2023 for District 1 and 01/31/2024 for District 4; and EXPENDED by 6/30/2024 for District 1 and 7/31/2024 for District 4.