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Home My WebLink AboutEconomic Development Corportation First Amendment to Agreement 7-1-23 DocuSign Envelope ID:016FCAF8-EF15-4139-B1 EC-4406EA6A6953 FIRST AMENDMENT TO AGREEMENT This First Amendment to Agreement (Amendment) is effective as of July 1, 2023, (the Effective Date) and amends the Agreement entered into by and between the City of Fresno, a California municipal corporation (City), and ECONOMIC DEVELOPMENT CORPORATION SERVING FRESNO COUNTY, a non-profit organization (Service Provider). RECITALS A. The City and Service Provider entered into an agreement dated July 1, 2022 (the Agreement) to provide business attraction, promotion, expansion and retention services for compensation not to exceed $175,000 per year. B. The City and Service Provider now desire to amend the Agreement to correct the Scope of Work therein, as set forth below consistent with Council authorization as provided during the regularly scheduled council meeting on February 9, 2023. C. Entry into this Amendment, the Service Provider agrees it has no claim, demand, or dispute against the City. 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 Agreement be amended as follows: 1. Scope of Work. The Scope of Work in the Agreement is hereby amended and replaced with Exhibit A, which is attached hereto and incorporated herein by reference. 2. Term of Agreement and Time for Performance. The Agreement is extended to June 30, 2024. 3. Effect of Amendment. Except as otherwise provided herein, the Agreement entered into by the City and Service Provider, dated July 1, 2023, remains in full force and effect. [SIGNATURES ON FOLLOWING PAGE] 1 DocuSign Envelope ID:016FCAF8-EF15-4139-B1EC-4406EA6A6953 IN WITNESS WHEREOF, the parties have executed this Amendment on the date set forth above. CITY OF FRESNO, ECONOMIC DEVELOPMENT a California municipal corporation CORPORATION SERVING FRESNO PncuSigned by: COUNTY, a California nonprofit corporation _ F By: Georgeanne T. White City Manager By: APPROVED AS TO FORM: Name: Lee Ann Eager ANDREW JANZ City Attorney Title: President&CEO (If corporation or LLC., Board Chair, g 3� 2S Pres. or Press_ _ Angela M. Karst Date , Deputy City Attorney By: ATTEST: Name: Ed Dunkel Jr. TODD STERMER, CMC City Clerk Title: Secretary nocaigncdby: (If corporation or LLC., CFO, By: 6/30/2023(/ _ Treasurer, Secretary or Assistant Secretary) �iln a Dl W ry) Deputy� Date p Y Tina Your 2 DocuSign Envelope ID:016FCAF8-EF15-4139-B1EC-4406EA6A6953 Exhibit A Scope of Work 1. SERVICES EDC will perform the following to further the CITY's Economic Development oals in an effort to help attract retain and keep value added companies that provide hi her income lobs that are a good fit for the community: A. GENERAL SERVICES: 1. Create, with input from the CITY, an ADA compliant economic profile, in electronic and print format, and update at least once annually; and 2. Maintain current information regarding available commercial and industrial properties; and 3. Serve as a distribution point for CITY informational materials. B. BUSINESS ATTRACTION AND PROMOTION: In an effort to assist the CITY in marketing to businesses and industries not currently located in Fresno, with the goal of facilitating the attraction of value-added companies that bring high paying jobs, the EDC shall: 1. Respond to business attraction leads on behalf of the CITY, including all appropriate State RFP's; and 2. Provide general and site-specific information to businesses not currently located in the CITY for purposes of recruiting new businesses and industries; and 3. Participate in trade shows and other events with, and on behalf of, the CITY including, but not limited to, IEDC, MD&M West, World Ag Expo and others as mutually agreed. Should any of these trade shows or events be attended in cooperation with the entity commonly referred to as the California Central Valley Economic Development Corporation (CCVEDC)they shall be counted in fulfilling the requirements of this section; and 4. Assist in marketing identified areas to new businesses; 5. Facilitate and organize site visits for the design and development of the downtown high speed rail station, and 6. Upon obtaining written consent from any and all entities requesting a response, report to the CITY Economic Development Director or designee through email or other mutually approved medium, any and all inquiries of businesses, industrial site selectors, and/or commercial site selectors that have an interest locating in the City of Fresno and/or to which the EDC responds to with potential sites located within the City jurisdiction or sphere of influence no more than five (5) business days to prevent potential duplication of effort. If the EDC knows the name of the business, then the CITY will know that information as well. If more than five (5) days have passed when the EDC learns the name of the business, that information shall be relayed to the CITY; and In addition to the reporting highlighted in the preceding section, upon obtaining written consent referenced in 13.5, the EDC shall invite the CITY Economic Development Department (through notification to the Director or designee)to all 3 DocuSign Envelope ID:016FCAF8-EF15-4139-B1EC-4406EA6A6953 site selection or placement processes that could potentially result in placement of a new business in the City's jurisdiction or sphere of influence. C. BUSINESS EXPANSION AND RETENTION: In an effort to assist the CITY in retaining and assisting local businesses with their expansion needs, the EDC shall: 1. Inform the City Economic Development Director(or designee)through database tracking, email or other mutually agreed medium of engagements between EDC and City of Fresno businesses regarding notable expansion and/or retention services to prevent duplication of effort from either entity within ten business days or at the bi-weekly meetings, whichever comes first. Notable expansion and/or retention services shall consist of projects or leads that involve the CITY, such as site selection requirements, permitting assistance, CITY administered incentives (e.g., fee reductions, development incentive agreements and Revolving Loan Fund financing), or retention services to prevent business closures; and 2. Provide general and, when appropriate, site specific information to businesses currently located in the CITY for purposes of retaining and/or assisting with business expansion needs; and 3. Participate in trade shows and other events with, and on behalf of, the CITY including, but not limited to, Local Food Expo, San Joaquin Valley Manufacturing Alliance Trade Show and others as mutually agreed; and Assist in marketing identified areas to current businesses as appropriate. D. PERFORMANCE & REPORTING: In an effort to quantify results of the economic development effort and to justify the expenditure of public funds, the EDC will: 1. Participate in monthly meetings with the CITY's Economic Development Director (or designee) and staff. EDC to designate the most responsive staff to attend these meetings; and 2. Maintain and update a monthly database tracking system of current and closed projects or leads that involve the CITY and/or CITY locations; and 3. Collaborate and report on all activities carried out in support of the City of Fresno General Plan, and 4. Report on all outreach activity that includes the CITY/CITY information including any trade shows or other economic development conferences/events attended quarterly. Information shall include (when available): a. Date b. Event Name c. Nature/Purpose of activity d. Number of businesses spoken to e. Follow-up f. Outcomes; and 5. Report on any/all business attraction and promotion inquiries and activity received or responded to by the EDC that involve the CITY or sites within the CITY quarterly. Information shall include (when available): a. Date of initial contact b. Name of company c. Industry d. Contact Name/Info e. Source of lead f. Site needs (size, location, rail, etc.) 4 DocuSign Envelope ID:016FCAF8-EF15-4139-B1EC-4406EA6A6953 g. Number of jobs to be created h. Information on the status and outcome of the inquiry and reason for any losses; and 6. Report on all business expansion and retention inquiries and activity received or responded to by the EDC that involves the CITY or sites within the CITY quarterly. Information shall include (when available): a. Date of initial contact b. Name of company c. Industry d. Contact Name/Info e. Source of lead f. Site needs (size, location, rail, etc.) g. Number of current/proposed jobs h. Information on the status and outcome of the inquiry and reason for any losses 7. All reports, marketing materials, and other items designed under this contract that are specific to the City of Fresno shall contain co-branding of both a pre- approved City of Fresno logo, and whichever logo from the EDC that they deem most appropriate. The intent of this provision is to recognize the efforts of the EDC on behalf of the City, and to highlight the partnership between the entities. 5 DocuSign Envelope ID:016FCAF8-EF15-4139-B1EC-4406EA6A6953 QUARTERLY REPORT OUTREACH ACTIVITY DATE EVENT N ME NATURFJPURPOSE NUMBER OF j FOLLOW UP OUTCOME(S) BUSINESSES j CONTACTED �L - BUSINESS ATTRACTION AND PROMOTION SITE SELECTION INQUIRIES DATE OFO COMPANY INDUSTRY CONTACT SOURCE SITE I NUMBER �STATUS/OUTCOME INITIAL NAME NAMEKNFO NEEDS OF JOBS (IF LOST-WHY?) iCONACT f _ CREATED — — i BUSINESS RETENTION AND EXPANSION INQUIRIES DATE OF COMPANY INDUSTRY CONTACT SOURCE SITE-- NUMBER STATU}SIOUTCOME INITIAL NAME NAMEIINFO NEEDS OF JOBS (IF LOST—WHY?) CONACT RETAINEDI PROPOSED 6