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HomeMy WebLinkAboutAgreement A-20-198-1 with Selma COM.pdf-1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 8 AMENDMENT I TO AGREEMENT THIS AMENDMENT, hereinafter referred to as Amendment I, is made and entered into this______ day of __________, 2020, by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as “COUNTY,” and Selma Community Outreach Ministries, a California Non-Profit Organization, whose address is 1701 Whitson St., Selma CA, 93662, hereinafter referred to as “SUBRECIPIENT.” W I T N E S S E T H: WHEREAS, the parties entered into that certain Agreement, identified as COUNTY Agreement No. 20-198, effective May 8, 2020, for Homeless Shelter Services in eastern Fresno County in response to the COVID-19 pandemic, for COUNTY's Department of Social Services (DSS); and WHEREAS, the parties desire to amend the Agreement regarding changes as stated below and restate the Agreement in its entirety. NOW, THEREFORE, in consideration of their mutual promises, covenants and conditions, hereinafter set forth, the sufficiency of which is acknowledged, the parties agree as follows: 1.That the existing COUNTY Agreement 20-198, Page Three (3), Section Four (4), beginning with Line Six (6), with the word "In" and ending on Page Three (3), Line Nine (9) with the word "period" be deleted and the following inserted in its place: "In no event shall the cumulative total of this Agreement exceed Seven Hundred Eighty One Thousand Four Hundred and No/100 Dollars ($781,400). In no event shall actual services performed under this Agreement be in excess of Ninety Seven Thousand Six Hundred Seventy-Five and No/100 Dollars ($97,675) for each 30-day period.” 2.That the existing County Agreement 20-198, Page Fifteen (15), Section Twenty-Eight (28), beginning with Line Twenty-One (21), with the word COUNTY” and ending on Page Fifteen (15), Line Twenty-Four (24) with the word “Grants” be deleted and the following inserted in its place: /// /// 18th August Agreement No. 20-198-1 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 8 “SUBRECIPIENT shall, and shall cause its consultants, subrecipients, contractors, and subcontractors to, comply with all applicable State and Federal laws and regulations governing this Agreement. A. Whenever the SUBRECIPIENT uses the services of a contractor, the SUBRECIPIENT shall require that the contractor comply with all Federal, State and local laws, ordinances, regulations and Fresno County Charter provisions applicable in the performance of their work. B. This Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701(u). Accordingly, the SUBRECIPIENT shall require the prime contractor to complete and submit documentation prior to award of the construction contract and upon Project completion that compliance with the Section 3 clause has been met. C. Non-Discrimination: The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 are still applicable. D. Because the SUBRECIPIENT is receiving at least $100,000 for this Project from the COUNTY's CDBG Program under this Agreement, the SUBRECIPIENT shall complete and submit to the County Community Development Division a "Certification of Payments to Influence Federal Transactions" form and a "Standard Form LLL - Disclosure of Lobbying Activities" form. Likewise, before the SUBRECIPIENT awards a contract using at least $100,000 of such CDBG funds, the SUBRECIPIENT shall require the consultant and/or contractor and all their sub-consultants and/or subcontractors to complete and submit these two (2) forms described hereinabove to both the SUBRECIPIENT and the COUNTY. E. Records Retention: The SUBRECIPIENT shall retain all financial records, supporting documents, statistical records and all other records pertinent to this Agreement for a period of four (4) years from the date of the submission of the COUNTY's consolidated annual performance and evaluation report to HUD in which the activities assisted under this Agreement are reported on for the final time. If -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 8 there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year record retention period, such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later (24 CFR 570.502, 570.503(b)(2), 570.506). F.Uniform Administrative Requirements: The SUBRECIPIENT shall comply with applicable Uniform Administrative Requirements, as described in 24 CFR 570.502. G.Other Program Requirements: The SUBRECIPIENT shall comply with CDBG program requirements described in 24 CFR 570.600 – 615 not otherwise mentioned in this Agreement, except that the District does not assume the COUNTY’s responsibilities described at 24 CFR 570.604 or 24 CFR 52. H.Faith-Based Organizations: The SUBRECIPIENT agrees that funds provided under this Agreement will not be utilized for inherently religious activities such as worship, religious instructions or proselytization, and that the SUBRECIPIENT will comply with all requirements of 24 CFR 570.200(j) and 5.109.” 3.That all references in existing COUNTY Agreement No. 20-198 to Exhibit B shall be changed to read "Revised Exhibit B-1," which is attached hereto and incorporated herein by this reference. COUNTY and SUBRECIPIENT agree that this Amendment I is sufficient to amend Agreement No. 20-198 and that as of May 8, 2020 the original Agreement and this Amendment I, shall together be considered the Agreement. The Agreement, as hereby amended, is ratified and continued. All provisions, terms, covenants, conditions and promises contained in this Agreement not amended herein shall remain in full force and effect. This Amendment I is effective retroactive to May 8, 2020. /// /// /// /// /// 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment I to Agreement as of the day and year first hereinabove written. 2 3 4 5 6 7 8 9 CONTRACTOR: SELMA COMMl,!NITY OUT By :---,,t.~..k:.:.....~::._-/-;:z.========--~ Print Name : /Je ({,,,., J2; ..-u2z- Title : C ~ 0 , £&tu (; u( Pl . By : ____________ _ Print Name: ----------- COUNTY OF FRESNO By £_ ~ .. _..L_ if%~ Ernest Buddy Mendes, Chairman of the Board of Supervisors of the County of Fresno ATTEST: Bern ice E. Seidel Clerk of the Board of Supervisors County of Fresno, State of California By : ~~ Deputy 10 11 12 13 Title : _______________ _ 14 Mail ing Address : 1701 Whitson St., 15 Selma CA, 93662 Phone No : 559-836-8165 16 Contact: Delfina Vazquez 17 18 FOR ACCOUNTING USE ONLY: Account No.: 7870 19 ORG No .: 56107001 Fund/Subclass : 0001/10000 20 21 22 23 24 25 26 DEN:rm -4- Revised Exhibit B Page 1 of 1 BUDGET SUMMARY ORGANIZATION: Selma Community Outreach Ministries SERVICES: Homeless Services CONTRACT TERM: May 8, 2020 through July 6, 2020 July 7, 2020 through August 5, 2020 (optional) August 6, 2020 through September 4, 2020 (optional) September 5, 2020 through October 4, 2020 (optional) October 5, 2020 through November 3, 2020 (optional) November 4, 2020 through December 3, 2020 (optional) December 4, through January 3, 2021 (optional) CONTRACT TOTAL: $781,400 MONTHLY BUDGET: $97,675 30-Day Budget Guest Services Amount Personnel Salaries Payroll Taxes Benefits Subtotal $8,198 Operations Food – $14 per person, per day, up to 75 people Supplies Fuel/Mileage Auto Insurance Workers Comp Subtotal $32,369 Administration Administrative Costs for Personnel & Operations (5%) Subtotal $2,028 Total for Guest Services $42,595 Motel Rental/Lease Super 8 - $60 per room, per night, up to 30 rooms per month Subtotal $54,000 Administration Administrative Costs related to Super 8 (2%) Subtotal $1,080 Total for Motel Rental/Lease $55,080 Grand Total $97,675