HomeMy WebLinkAboutAgreement A-20-358-1 with City of Fresno.pdf1
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) effective as of June 10,
2021, amends the Agreement (as defined below) entered into between the City of
Fresno (CITY), and County of Fresno (COUNTY). CITY and COUNTY are collectively
referred to as Parties.
RECITALS
WHEREAS, the CITY and the COUNTY entered into an Agreement, dated
October 15, 2020, for the use of HEARTH Emergency Solutions Grant (ESG) funds to
the CITY under Coronavirus Aid, Relief and Economic Security Act (CARES Act) (ESG-
CV) for the administration and implementation of the Joint COVID-19 Homeless
Response Plan to protect the health and safety of people experiencing homelessness
and reduce the spread of the COVID-19 outbreak (Agreement); and
WHEREAS, the CITY and the COUNTY desire to amend the Agreement to
include provisions that will ensure the COUNTY is meeting HUD expenditure deadlines
and will allow the CITY to recapture unspent ESG-CV dollars for reprograming and
include a COUNTY Spending Plan for the ESG-CV dollars; and
WHEREAS, the CITY and the COUNTY also desire to modify the Scope of
Services to include Rapid Rehousing as an activity to meet the needs of homeless
individuals impacted by COVID-19; and extend the term of the Agreement.
AGREEMENT
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:
1.Article 1 of the Agreement (Definitions) shall be amended to include the
following definitions:
R.“Progressive Expenditure Deadlines” for the specific purpose of this
Agreement, the progressive expenditure deadlines are: 20% of the grant award
must be expended by September 30, 2021; 80% of the grant award must be
expended by March 31, 2022; and 100% of the grant award must be expended
by June 30, 2022. Failure to meet these deadlines, will result in the recapture of
an amount equal to the difference between the required expenditure by the
applicable deadline and the actual expenditure by the applicable deadline.
S.“Progressive Reimbursement Request Deadlines” for the specific
purpose of this Agreement, the COUNTY requests for reimbursement of eligible
ESG-CV expenditures must be made within 30 days of the respective
Progressive Expensive Deadlines. The Progressive Reimbursement Deadlines
are: a request for reimbursement of an amount not less than 20% of the grant
award’s allowed cost must be made by October 31, 2021; a request for
reimbursement of an amount not less than 80% of the grant award’s allowed
cost must be made by April 30, 2022; and a request for reimbursement of an
amount not less than 100% of the grant award’s allowed cost must be made by
Agreement No. 20-358-1
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July 31, 2022.
T.“Recapture” shall mean the CITY may recapture up to 20% of the
COUNTY’s total ESG-CV award if the COUNTY has not requested
reimbursement of 20% of allowed ESG-CV costs by October 31, 2021; recapture
up to 80% of the COUNTY’s total ESG-CV award if the COUNTY has not
requested reimbursement of 80% of allowed ESG-CV costs by April 30,
2022; recapture up to 100% of the COUNTY’s total ESG-CV award if the
COUNTY has not requested reimbursement of 100% of allowed ESG-CV costs
by July 31, 2022.
2.The term of the Agreement shall be extended to June 30, 2022, with the
commencement of the period of performance remaining June 11, 2020.
3.Section 4 (Compensation and Method of Payment) shall be deleted in its
entirety and replaced with the following:
4.Compensation and Method of Payment. CITY shall pay
COUNTY the aggregate sum not to exceed One Million Nine Hundred Ninety-
Eight Thousand Three Hundred Thirty-Four Dollars and Fifty Cents
($1,998,334.50) for satisfactory performance of the services rendered therefore
and as set forth in Exhibit B attached hereto and incorporated herein.
Compensation is based on actual expenditures, supported by properly executed
payrolls, time records, invoices, contracts, vouchers, orders, or any other
accounting documents pertaining in whole or in part to this Agreement and shall
be clearly identified and submitted by the COUNTY to the CITY with each
request for reimbursement. The COUNTY’s request for reimbursement shall also
be in accordance with the Budget set forth in Exhibit B, the Progressive
Expenditure Deadlines and Recapture Provisions set forth in Exhibit A, and the
Spending Plan by Expenditure Deadline set forth in Exhibit F. It is understood
that all expenses incidental to COUNTY’s performance of services under this
Agreement shall be borne by the COUNTY. If COUNTY should fail to comply with
any provisions of this Agreement, including but not limited to the Progressive
Expenditure Deadlines or Progressive Reimbursement Request Deadlines, CITY
shall be relieved of its obligation for further compensation. Notwithstanding any
payment provisions herein, COUNTY’s failure to timely and properly submit
required records and reports set forth in this Agreement may be cause for CITY
to suspend or delay reimbursement payments to COUNTY or Recapture ESG-
CV funds, as allowed by HUD.
a.Payments shall be made by the CITY to COUNTY in arrears
for services provided during the preceding month. Such payment by CITY
shall be made in the normal course of business, generally within forty-five
(45) days after the date of receipt by CITY of a correctly completed and
supported invoice in accordance with the provisions of this paragraph and
shall be for the actual expenditures incurred by COUNTY in accordance
with Exhibit B. Payments shall be made after timely receipt and
verification of actual expenditures. All invoices are to be submitted CITY at
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the address given for notices on the signature page hereof or at such
address the CITY may from time to time designate by written notice.
b.The Administrator may, in his or her sole discretion, agree in
writing to revise the payment schedule in subsection (a), above, upon
COUNTY’s showing that such revision will facilitate timely delivery of the
services; provided, however, that total payments under this Agreement
shall not exceed the total amount provided for in this Section 4 and the
revision will not adversely impact the Progressive Expenditure Deadline
and result in a return of funds to HUD.
c.Any funds paid by CITY hereunder which remain unearned
at the expiration or earlier termination of the Agreement shall be, and
remain in trust, the property of CITY and shall be remitted to CITY within
10 days of expiration or earlier termination of this Agreement. Any interest
thereon must be credited to or returned to CITY. All funds advanced
pursuant to this Agreement and not expended shall be returned to CITY.
d.CITY will not be obligated to make any payments under this
Agreement if the request for payment is received by the CITY more than
60 days after the date of termination of this Agreement or the date of
expiration of this Agreement, whichever occurs first.
e.COUNTY understands and agrees that the availability of
ESG-CV Funding hereunder is subject to the control of HUD and should
the ESG-CV funding be encumbered, withdrawn, or otherwise made
unavailable to CITY whether earned or promised to COUNTY and/or
should CITY in any fiscal year hereunder fail to appropriate said funds,
CITY shall not provide said funds to COUNTY unless and until they are
made available for payment to CITY by HUD and CITY receives and
appropriates said Funds. No other funds owned or controlled by CITY
shall be obligated under this Agreement to the project(s). Should sufficient
funds not be appropriated, the Services provided may be modified, or this
Agreement terminated, at any time by the CITY as provided in section 8
below.
f.COUNTY shall use the funds provided by CITY solely for the
purpose of providing the services required under Section 2 of this
Agreement.
4.Exhibit A (Scope of Services) shall be deleted in its entirety and replaced
with the attached Revised Exhibit “A”. All references in the Agreement to Exhibit “A”
shall be changed to Revised Exhibit “A”.
5.The Agreement shall be amended to include the attached County
Spending Plan for City ESG-CV1 as Exhibit “F”.
6.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
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REVISED EXHIBIT A
SCOPE OF SERVICES
Agreement Between CITY OF FRESNO and Co unty of Fresno
Coronavirus Emergency Solutions Grant (ESG-CV)
Scope of Work
COUNTY shall invest in COVID-19 prevention and containment efforts for temporary
shelters, including, but not limited to, medically indicated services and supplies, such
as testing and handwashing stations, and enhancements to existing shelter facilities.
COUNTY shall provide rapid rehousing to homeless individuals transitioning from
emergency shelter into more permanent housing. The intent is to allow for proper
social distancing and isolation to reduce the spread of COVID-19 among the
homeless population.
Record Retention and Reporting Requirements
The COUNTY 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 C.
Monitoring
The COUNTY must monitor any and all subawards to subrecipients in accordance with
U.S. Department of Housing and Urban Development requirements. The
SUBRECIPIENT is further encouraged to use HUD CPD Monitoring Handbook -
6509.2 REV-7, CHG-1.
The COUNTY acknowledges that the CITY is required to periodically monitor the
COUNTY’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 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 F to this
AGREEMENT, and a reimbursement request and accomplishment data processing
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schedule that may be found in TABLE 1 below and more fully described in
subsequent narrative.
TABLE 1
A.
Progressive
Expenditure
Deadline
Percentage of
Grant Award
B.
Expenditure
Cycle
Ending:
C.
Request for
Reimbursement
Packet and
Accomplishment
Data Submitted
by
SUBRECIPIEN T
to CITY
By/Before
D.
SUBRECIPIENT
Reimbursement
and Data Packet
Deficiencies
Cured By/Before:
E.
CITY Uploads
Accomplishment
Data into HUD
Reporting
System
By/Before
F.
CITY
Completes
HUD IDIS
Drawdown
By/Before:
20% Sep. 30,
2021 Oct. 31, 2021 Nov. 30, 2021 Oct.31, 2021 Dec. 15,
2021
80% Mar 31,
2022
Apr. 30, 2022 May 31, 2022 Apr. 30, 2022 Jun. 15,
2022
100% Jun. 30,
2022 Jul. 31, 2022 Aug. 30, 2022 Jul. 31,2022 Sep. 15,
2022
Consistent with Table 1 and HUD and CITY requirements, the City will recapture:
i)the expenditure shortfall up to 20 percent of the SUBRECIPIENT’s total
ESG-CV award should the SUBRECIPIENT not request by October 31, 2021
reimbursement for eligible and allowed costs for at least 20% of the ESG-CV
award for the expenditure cycle ending September 30, 2021; ii) recapture
the expenditure shortfall up to 80% of the SUBRECIPIENT’s total ESG-CV
award should the SUBRECIPIENT not request by April 30, 2022 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 March 31,
2022; iii) recapture the expenditure shortfall up to 100 percent of the
SUBRECIPIENT’s total ESG-CV award should the SUBRECIPIENT not request
by July 31, 2022 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 June 30, 2022. 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
by providing additional supporting documentation. The period for curing
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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 result 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.
30‐Jun‐2021
Grant Use
20% Cycle $
31‐May‐2021
‐ $ 726,504 $ ‐ $ $ 179,693 $ 972,095
$ ‐
$ 1,998,334.50
$
$ 1,998,334.50
20% of Grant $ 399,666.90
20% Cycle Surplus (Deficit) $ 572,428.00
$
80% Cycle
EXHIBIT F
County Spending Plan for City
of Fresno ESG-CV 1
Cummulative
Expenditure $ 65,898 $ 65,898.15 $ 792,401.70 $ 792,401.70 $ 792,401.70 $ 972,094.90 $ 972,094.90
Cummulative %
Expended 3.3% 3.3% 39.7% 39.7% 39.7% 48.6% 48.6%
Expected Invoice
Submission by
November 30, 2021
for Month Ending:
Expected Invoice
Submission by
December 31, 2021
for Month Ending:
Expected Invoice
Submission by
January 31, 2021 for
Month Ending:
Expected Invoice
Submission by
February 28, 2021
for Month Ending:
Expected Invoice
Submission by
March 31, 2021 for
Month Ending:
Expected Invoice
Submission by April
30, 2021 for Month
Ending:
Sum of Invoice
Submissions for
Meeting 80%
Deadline (Sum of
Column F thru
31‐Oct‐2021 30‐Nov‐2021 31‐Dec‐2021 31‐Jan‐2022 28‐Feb‐2022 31‐Mar‐2022 Column K)
$ ‐ $ ‐ $ 179,693.20 $ ‐ $ ‐ $ 624,392.20 804,085
Cummulative
1,776,180 Expenditure $ 972,094.90 $ 972,094.90 $ 1,151,788.10 $ 1,151,788.10 $ 1,151,788.10 $ 1,776,180.30
Cummulative %
Expended 48.6% 48.6% 57.6% 57.6% 57.6% 88.9% 88.9%
80 % of Adjusted Grant $1,598,667.60
80% Cycle Surplus (Deficit) 177,512.70
0
Cummulative
$ 1,998,335 Expenditure $ 1,776,180.30 $ 1,776,180.30 $ 1,998,334.50 $ 1,998,334.50 $ 1,998,334.50 $ 1,998,334.50
Cummulative %
Expended 88.9% 88.9% 100.0% 100.0% 100.0% 100.0% 100.0%
100% of Adjusted Grant $ 1,998,334.50
100% Cycle Surplus (Deficit) $ ‐
100% Cycle
Expected Invoice
Submission by May
31, 2022 for Month
Ending:
Expected Invoice
Submission by June
31, 2022 for Month
Ending:
Expected Invoice
Submission by July
31, 2022 for Month
Ending:
Expected Invoice
Submission by
August 31, 2022 for
Month Ending:
Expected Invoice
Submission by
September 30, 2022
for Month Ending:
Expected Invoice
Submission by
October 31, 2022 for
Month Ending:
Sum of Invoice
Submissions for
Meeting 100%
Deadline (Sum of
Column F thru
30‐Apr‐2022 31‐May‐2022 30‐Jun‐2022 31‐Jul‐2022 30‐Aug‐2022 30‐Sep‐2022 Column K)
$ ‐ $ ‐ $ 222,154.20 $ ‐ $ ‐ $ ‐ $ 222,154.20