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.