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HomeMy WebLinkAboutFEOC - ESG - Rapid Re-Housing - 1st Amdt. - 2017 FIRST AMENDMENT TO AGREEMENT BETWEEN FRESNO ECONOMIC OPPORTUNITIES COMMISSION AND THE CITY OF FRESNO REGARDING HUD ESG RAPID RE-HOUSING PROGRAM This FIRST AMENDMENT TO AGREEMENT made and entered into as of this 7th day of June 2017, amends the Agreement (defined below) previously entered into between the CITY OF FRESNO, a municipal corporation (CITY) and FRESNO ECONOMIC OPPORTUNITIES COMMISSION (FEOC), a California 501(c)(3) not-for- profit corporation ("RECIPIENT"). RECITALS WHEREAS, CITY and RECIPIENT entered into an Agreement regarding the HUD ESG Rapid Re-housing Program to provide assistance to the homeless, and those at risk of becoming homeless, to quickly regain stability in permanent housing after experiencing a housing crisis and/or homelessness within the city effective July 1, 2016, (the "Agreement'); and WHEREAS, CITY and RECIPIENT now desire to modify the Agreement as set forth below. 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 the aforesaid Agreement be amended as follows: AMENDMENT 1. Section Three of the Agreement entitled "Effective Date and Term of Agreement' is deleted and replaced as follows: Effective Date and Term of Agreement. It is the intent of the Parties that this Agreement be effective as of the date first set forth above as to all terms and conditions of this Agreement. Services of Recipient shall commence as of July 1, 2016, and shall end August 31, 2017, which shall be the term of this Agreement, unless terminated earlier as provided herein. 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. Whenever the Agreement is referred to, it shall mean the Agreement as modified by this Amendment. Except as otherwise provided herein, the Agreement entered into between CITY and RECIPIENT remains in full force and effect. Page 1 of 2 IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, FRESNO ECONOMIC OPPORTUNITIES A California municipal corporation COMMISSION, a California corporation By' 6g�� Bruce Rudd By: City Manager Brian Angus Chief Executive Officer (Attach Notary Certificate of Acknowledgement) (Attach Notary Certificate of Acknowledgement) ATTEST: YVONNE SPENCE, CMC City Clerk By. �moL►� �f 1 /7 Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attor ey By: Tracy N. P rvanian Date Deputy City Attorney Addresses: CITY: RECIPIENT City of Fresno Fresno Economic Opportunities Commission Attention: Bruce Rudd, City Manager Attention: Brian Angus, 2600 Fresno Street, Room 3076 Chief Executive Officer Fresno, CA 93721 1920 Mariposa Mall, Suite 330 Phone: (559) 621-8300 Fresno, CA 93721 FAX: (559) 488-1078 Phone: (559) 498-8543 FAX: (559) 498-0916 Page 2 of 2