THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT (Amendment) effective as of this 1st day of September 2022, amends the Agreement entered into between the C ity of Fresno, a municipal corporation (City), and Turning Point of Central California, Inc. , a California Corporation (Consultant).
RECITALS
WHEREAS, C ity and Consultant entered into an Agreement, dated January 1, 2021 (Agreement), to provide professional TRIAGE CENTER SERV ICES for the HOMELESS HOUSING, ASSISTANCE, PREVENTION (HHAP) for a total fee of $500,000; and
WHEREAS, City and Consultant entered into a First Amendment to the Agreement on January 1, 2022, to extend the contract term to December 31, 2022 with no change to the total fee of $500,000; and
WHEREAS, City and Consultant entered into a Second Amendment to the Agreement to increase the compensation for the triage center services by $224,448 for 24-hour security services starting February 1, 2022, through December 31, 2022, using Homeless Housing, Assistance, and Prevention (HHAP) program funds for a total fee of $724,448; and
WHEREAS, City and Consultant have negotiated a revised funding solution to provide professional triage center services at the Journey Home site using Community Development Block Grant CARES Act (CDBG-CV) program funds and desire to enter into a Third Amendment to the Agreement to reduce the compensation for the triage center services by $500,000 in Homeless Housing, Assistance, and Prevention (HHAP) program funds through December 31, 2022, for a total fee of $224,448.
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 acknowledged, the parties agree that the Agreement shall be amended as follows:
1. The Consultant’s compensation for satisfactory performance of all services required or render pursuant to the Agreement shall be reduced by $500,000 in Homeless Housing, Assistance, and Prevention (HHAP) program funds for a total fee of $224,448.
2. EXHIBIT A – SCOPE OF WORK is deleted in its entirety and replaced with the attached “Revised Exhibit A” to only reflect the 24-hour onsite security.
3. 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 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.
IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day, and year first above written.
CITY OF FRESNO,
A municipal corporation
By:
Georgeanne A. White Date
City Manager
APPROVED AS TO FORM:
RINA M. GONZALES
Interim City Attorney
By:
Tracy N. Parvanian Date
Supervising Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
TURNING POINT OF CENTRAL
CALIFORNIA, INC., a California
corporation
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO., Treasurer,
Secretary or Assistant Secretary)
Attachments:
1. Revised Exhibit A – Scope of Work
REVISED EXHIBIT A – SCOPE OF WORK
SCOPE OF WORK
Consultant Service Agreement between City of Fresno
(City) and Turning Point of Central California, Inc.
(Consultant)
Triage Center Services for the Homeless Housing, Assistance, and Prevention (HHAP) Program
Security
Turning Point will subcontract 24-hour security services.