HomeMy WebLinkAboutElevate Community Services, Inc - 1st Amendment to Agreement - 09.01.22DocuSign Envelope ID: D28F0530-86F9-4BFB-BB44-8CDC2557A1C5
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) effective as of September
1, 2022, amends the Agreement (as defined below) entered into between the City of
Fresno, a municipal corporation (CITY), and Elevate Community Services, Inc.,
(SUBRECIPIENT). CITY and the SUBRECIPIENT are collectively referred to as Parties.
RECITALS
CITY and SUBRECIPIENT entered into an Agreement for the administration of
Coronavirus HEARTH Emergency Solutions Grant (HESG or ESG) funds provided to the
CITY under Coronavirus Aid, Relief and Economic Security Act (CARES Act) (ESG-CV)
for low barrier homeless shelter and triage center services within the City of Fresno for the
purpose of protecting the health and safety of people experiencing homelessness and
reducing the spread of the COVID-19 outbreak (Agreement); and
CITY and the SUBRECIPIENT desire to increase Subrecipient's compensation and
expand the Subrecipient's scope of work to include direct services to clients in order to
meet the needs of homeless individuals impacted by COVID-19; and
NOW, THEREFORE, in consideration of the above recitals, which recitals are
contractual in nature, the mutual premises herein contained, and for other good and
valuable consideration hereby acknowledge, the Parties agree that the aforesaid
Agreement be amended as follows:
AMENDMENT
1. Subrecipient's compensation shall be increased by $132,539.21 for total
compensation that shall not exceed $385,805.42 for the period of September 1, 2022,
through September 30, 2023.
2. Exhibit B is deleted in its entirety and replaced with the attached Revised
Exhibit "B".
3. The Subrecipient's services will be expanded to include direct services to
clients.
4. Exhibit A is deleted in its entirety and replaced with the attached Revised
Exhibit "A".
5. 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.
6. Except as otherwise provided herein, the Agreement entered into by CITY
and SUBRECIPIENT, dated December 15, 2022, remains in full force and effect.
[SIGNATURES APPEAR ON THE NEXT PAGE]
DocuSign Envelope ID: D28F0530-86F9-4BFB-BB44-8CDC2557A1C5
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the day and year first above written.
CITY OF FRESNO,
A California municipal corporation
By:
Geor nne A. White Date
City Manager
APPROVED AS TO FORM:
Andrew Janz
City Att9gjd by:
By: N PANAWNA. 7/19/2023
5
Tracy . Parvanian Date
Supervising Deputy City Attorney
Elevate Community Services, Inc.
O*cuSigned by:
By: Al 7/18/2023
ayne �AwEuledge, President
ATTEST:
TODD STERMER, CMC
City Clerk
By: VZq12"Z'D
Deputy
Addresses:
CITY:
City of Fresno
Attention: Karen Jenks,
Housing & Neighborhood
Revitalization Manager
2600 Fresno Street, CHN 3065
Fresno, CA 93721
Phone: (559) 621-8064
FAX:
Attachments:
1. Revised Exhibit A — Scope of Services
2. Revised Exhibit B - Budget
Recipient:
Elevate Community Service, Inc.
Attention: Katie Wilbur
Executive Director
255 W. Clinton Ave., Fresno, CA
937405
Fresno CA 93705
Phone: (559) 314-3914
DocuSign Envelope ID: D28F0530-86F9-4BFB-BB44-8CDC2557A1C5
REVISED EXHIBIT A
SCOPE OF SERVICES
Agreement Between CITY OF FRESNO and Elevate Community Services, Inc.
Project: Low Barrier Triage Center/ Emergency Shelter
(Formerly known as the Travel Inn)
Scope of Work
The SUBRECIPIENT will increase staff with three full time case managers to provide
intensive case management services that focus on helping participants develop a
housing plan and overcome barriers to attaining permanent housing. Case Mangers will
connect participants to support services and benefits necessary to overcome barriers
preventing them from obtaining and retaining permanent housing.
The SUBRECIPIENT will expand the services provided through this agreement to
include direct services to participants which include but are not limited to:
• Assisting participants with becoming "document ready"
• Meals for participants
• Appropriate clothing to protect participants from the weather conditions.
• Hygienic products and supplies for participants
• Replace and repair of room furnishing prior to new clients receiving a room.
The participant volunteer program
Record Retention and Rel2orting Re uirements
The SUBRECIPIENT must retain records in accordance 24 CFR Subpart F —
Grant Administration, § 576.500, Recordkeeping and Reporting Requirements.
HUD requires recipients to report the uses of ESG-CV funding in their Consolidated
Annual Performance and Evaluation Report (CAPER) and through submission of
project data into the SAGE Homeless Management Information System (HMIS)
Repository. Quarterly reporting from the SUBRECIPIENT to the City is mandatory to
meet this requirement.
The CITY's quarterly reporting requirements are described within this Agreement and
the report form is attached as Exhibit D.
Monitoring
The SUBRECIPIENT must monitor any and all subawards to subrecipients in
accordance with U.S Department of Housing and Urban Development ("HUD")
requirements. The SUBRECIPIENT is further encouraged to use HUD CPD Monitoring
Handbook - 6509.2 REV-7, CHG-1. In conducting their monitoring reviews
The SUBRECIPIENT acknowledges that the CITY is required to periodically monitor
the SUBRECIPIENT's delivery of the subject ESG-CV funding. The CITY will utilize the
guidance in HUD CPD Monitoring Handbook - 6509.2 REV-7, CHG-1 as well as 24
DocuSign Envelope ID: D28F0530-86F9-4BFB-BB44-8CDC2557A1C5
CFR 756, 2 CFR 200 and this Agreement when conducting on -site and desk monitoring
reviews.
Progressive Expenditure Deadlines and Recapture Provisions
To ensure ESG-CV funds are spent quickly on eligible activities to address the public
health and economic crises caused by coronavirus, HUD is requiring that the CITY
complete eligible reimbursement draw -downs from the U.S. Treasury within 90 days of
the last day of the applicable progressive expenditure deadline cycle. To ensure that
the CITY meets this HUD requirement, the CITY has set forth a Spending Plan by
Progressive Expenditure Deadline, which is included in EXHIBIT C to this
AGREEMENT, and a reimbursement request and accomplishment data processing
schedule that may be found in TABLE 1 below and more fully described in subsequent
narrative.
A.
Progressive
Expenditure
Deadline -
Percentage
of Grant
Award
20%
80%
100%
TABLE 1
C.
E.
Request for
D. SUBRECIPIENT
CITY Uploads
B.
Reimbursement
Reimbursement
Accomplishment
Expenditure
Packet and
and Data Packet
Data into HUD
Cycle Ending:
Accomplishment
Deficiencies
I Reporting
Data Submitted
Cured By/Before:
System
by SUBRECIPIENT
By/Before
to CITY By/Before
Dec. 31, 2022
Jun. 30, 2023
Sept. 30,
2023
Jan. 31, 2023
Jul. 31, 2023
Oct. 31, 2023 1
Feb. 28, 2023
Aug. 31, 2023
Nov. 30, 2023
Jan. 31, 2023
Jul. 31, 2023
Oct. 31, 2023
F.
CITY Completes
HUD IDIS
Drawdown
By/Before:
I
Mar. 15, 2023
Sept. 15, 2023
Nov. 15, 2023
Consistent with Table 1 and HUD and CITY requirements, the City will recapture: i) the
expenditure shortfall up to 20 percent of the SUBRECIPIENTs total ESG-CV award
should the SUBRECIPIENT not request by January 31, 2023 reimbursement for eligible
and allowed costs for at least 20% of the ESG-CV award for the expenditure cycle
ending December 31, 2022 ii) recapture the expenditure shortfall up to 80 percent of
the SUBRECIPIENTs total ESG-CV award should the SUBRECIPIENT not request by
July 31, 2023 reimbursement for eligible and allowed costs for at least 80% of expended
eligible and allowed costs under the ESG-CV award for the expenditure cycle ending
June 30, 2023; iii) recapture the expenditure shortfall up to 100 percent of the
SUBRECIPIENTs total ESG-CV award should the SUBRECIPIENT not request by
October 31, 2023 reimbursement for eligible and allowed costs for at least 100% of
expended eligible and allowed costs under the ESG-CV award for the expenditure cycle
ending September 30, 2023. These periods and reimbursement request due dates are
summarized in Table 1, Columns A, B, and C, above
In the event the CITY determines that a reimbursement request or portions thereof are
eligible for reimbursement, but inadequately supported, the CITY may provide the
SUBRECIPIENT additional time to correct and cure the reimbursement request defect
DocuSign Envelope ID: D28F0530-86F9-4BFB-BB44-8CDC2557A1C5
by providing additional supporting documentation. The period for curing documentation
defects for draws in a particular expenditure deadline cycle shall expire on the
respective dates provided in Column D of Table 1 in this Exhibit. Shall the defect not
be fully cured by the cure expirations date, the costs associated with the defect will be
disallowed. In the event the disallowed costs results in the total reimbursement for the
expenditure cycle falling short of the amount required for the meeting the cycle's
progressive expenditure deadline amount as provided in EXHIBIT C, the CITY will
recapture the amount of the expenditure shortfall for the cycle.
Accomplishment data defects must also be cured by the respective dates provided in
Column D Table 1 in this Exhibit A. Accomplishment data defects not corrected by the
applicable dates may result in the suspension of reimbursement request processing
and the making of reimbursement payments until such time as the data defect is cured
by the SUBRECIPIENT. In the event that a suspension results in the failure to achieve
an expenditure deadline requirement, the CITY will recapture the entire amount
associated with the expenditure deadline cycle.
DocuSign Envelope ID: D28F0530-86F9-4BFB-BB44-8CDC2557A1C5
REVISED EXHBIT B
CITY OF FRESNO
n PFRATING RIInGFT SUMMARY inon•canitRl nrolectsl
Sa lade slWages ISpeclfy each 6deitl6 add addltlonal rows as nee.
Cast NtinaVr 6am-009,000.00
Case M.nno 60,700.00 9,00000
41 r n 1
_ I
69,700-00
69,700.00
— - — — -
69,700.00 I
69,700.00
Case Man Rile,
6D.700.00
unn.00
SS.700.00
69.7DO.D0
Case Manaeer.5
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ten ter posiilo� lEl I c]
Ic nter posalon tit Irl
Irnier pwitmn tl0 c I
I emer positton tH I CI
TOTAL PERSONNEL BUDGET
S
182.100 00
$ 27,000 00
$
209,100 00
$
5
$
$ S 209,100.00
other Direct Costs [Include Only
costs that are direct; indirect costs
are covered under the Indirect
Cost Rate}
Employee costs
_
21,142.01
21,142.01
Client Incentives
7,500.011
7,500.0
Document Readiness
5,000-00
5,000.00
Employee Training
5,500.00
5,500.00
Client Fold
75,000.00
75,000.00
pient ClothfnE
S'SM.00
500.00
Office supplies
1 990 00
1,990.00
Client Furniture
15,000.191
15,000,19
client Hyaline
S.DOD.DO
Sd1�•Otl
(enter cast category]
'TOTAL OTHER DIRECT C05T5
$
141,632.20
$
$
$
$
$ 141,632.20
INDIRECT COSTS- {Select 1 ir,49-�,T rzt� Only)
Approved Indirect Cost Rate
De minlmuS W %Raie
35, 073.12
i •
'TOTAL INDIRECT C057
BUDGET
mm�
$
35,073.22 $ $ $
- .
$ - $ $ 35,073.2E
rIea5e MY-5C kmloan ,fnu um luw«• —5I:1,re,r,1 as „ccvcv
All applicants are required to submit a copy of their organization's operating budget.
'An approved indirect cost rate must be applied to the base identified in the agreement with the federal cognizant agency -
Per 2 CFR 200.414, any non-federal entity that does not have a current negotiated rate may elect to charge a de minimis rate of 10% of Modified Total Direct Costs (defined in 2 CFR
200,68]
Lpprarved Contract $ 253,266.21
yopoj;W Amendment $ 132,539.21
'otal $ 385,905.42