SECOND AMENDMENT TO SERVICE AGREEMENT
THIS SECOND AMENDMENT TO SERVICE AGREEMENT (Amendment) entered into effective upon execution by both parties (the Effective Date), amends the Service Agreement (Agreement) between the CITY OF FRESNO (the City), and Poverello House (Service Provider), entered into on June 1, 2023, to provide funding to operate the emergency shelter and professional triage center support services for unhoused individuals at The Clarion Pointe located 4061 N. Blackstone Avenue, Fresno, CA 93726 (Clarion Pointe).
RECITALS
A. Pursuant to the Agreement, the City provided funding to the Service Provider for emergency shelter and professional triage center support services for unhoused individuals at the Clarion Pointe funded through the HOMELESS HOUSING, ASSISTANCE, AND PREVENTION (HHAP) program for a total fee of $2,799,997.48 effective through May 31, 2024.
B. On September 28, 2023, the City and Service Provider entered into a First Amendment to revise the scope of work, to reduce the number of shelter beds, and to reduce funding by $1,039,909.29 for a total fee of $1,760,088.19.
C. Pursuant to the First Amendment, both HHAP and Encampment Resolution Fund Round 2 (ERF-2) funds were authoriz ed up to $1,760,088.19, of which $1,280,770.45 in HHAP funding and $479,317.74 of ERF-2 funding was spent.
D. The City and Service Provider now desire to extend the term of the Agreement to May 31, 2025, and to increase HHAP funding by $1,319,019.24 for a total award of $3,079,107.43.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein contained, and for other good and valuable consideration hereby acknowledged, the parties agree that the Agreement shall be amended as follows:
1. The term of the Agreement is extended up to and including May 31, 2025.
2. The Service Provider ’s sole compensation for satisfactory performance of all services required or rendered pursuant to the Agreement shall be increased by $1,319,019.24 and shall be paid using HHAP funds for a total fee of $3,079,107.43.
3. In the event of any conflict between the body of this Amendment and any Exhibit or Attachment hereto, the terms and condi tions 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.
4. Except as otherwise provided herein, the Agreement entered into by the City and the Service Provider dated June 1, 2023, remains in full force and effect.
[Signatures follow on the next page.]
IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day, and year first above written.
CITY OF FRESNO,
A
California municipal corporation
By:
Georgeanne A. White Date
City Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Tricia Herrera Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
Poverello House.,
a
California non-profit organization
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. First Amendment Agreement with Poverello House
DocuSign Envelope ID: 973A 1 E33-A 7BB-4815-843C-099944917833
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) is made and entered into effective upon execution by both parties on September 28 , 2023 (the Effective Date), by and between the City of Fresno, a municipal corporation (City), and Poverello House, a California non-profit Corporation (Service Provider).
RECITALS
WHEREAS, City and Service Provider entered into an Agreement, dated June 1, 2023 (Agreement), for professional TRIAGE CENTER SERVICES (Project) funded through the HOMELESS HOUSING, ASSISTANCE AND PREVENTION PROGRAM (HHAP) for a total fee of $2,799,997.48; and
WHEREAS, City and Service Provider desire to enter into a First Amendment to the Agreement to reduce the total number of shelter beds from 115 triage center emergency shelter beds to 30 bridge housing beds at Clarion Point, 4061 N Blackstone Avenue. With the reduction in shelter beds, the Service Provider's compensation for bridge housing services will be reduced by $1,039,909.29 for a total fee of $1,760,088.19.
WHEREAS, City desires to leverage support through the existing Project using HHAP funds for start-up costs and services at Clarion Point from June 14, 2023, through August 7, 2023, for the Encampment Resolution Fund Round 2 (ERF-2) program services which will thereafter be funded through ERF-2 funds.
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 Service Provider's sole compensation for satisfactory performance of all services required or rendered pursuant to the Agreement shall be reduced by $1,039,909.29 and shall be paid using HHAP funds for a total fee of $1,760,088.19.
2. The number of shelter beds at Clarion Pointe shall be reduced to 30 beds beginning August 8, 2023.
3. The Scope of Work set forth in Exhibit A is deleted in its entirety and shall be replaced with the "Revised Exhibit A" attached hereto.
4. The Budget as set forth in Exhibit B is deleted in its entirety and shall be replaced with the "Revised Exhibit B" attached hereto.
5. In the event of any conflict between the body of this Amendment and the Agreement, the terms, and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the Agreement.
Furthermore, any terms or conditions contained within the Agreement which purport to modify the allocation of risk between the parties, provided for within the body of this Amendment, shall be null and void.
DocuSign Envelope ID: 82A433D9-36F5-4589-A76D-278CA627541A DocuSign Envelope ID: 82A433D9-36F5-4589-A76D-278CA627541A 10/5/2023
10/5/2023
DocuSign Envelope ID: 82A433D9-36F5-4589-A76D-278CA627541A DocuSign Envelope ID: 82A433D9-36F5-4589-A76D-278CA627541A DocuSign Envelope ID: 82A433D9-36F5-4589-A76D-278CA627541A DocuSign Envelope ID: 82A433D9-36F5-4589-A76D-278CA627541A DocuSign Envelope ID: 82A433D9-36F5-4589-A76D-278CA627541A DocuSign Envelope ID: 82A433D9-36F5-4589-A76D-278CA627541A DocuSign Envelope ID: 82A433D9-36F5-4589-A76D-278CA627541A DocuSign Envelope ID: 82A433D9-36F5-4589-A76D-278CA627541A DocuSign Envelope ID: 82A433D9-36F5-4589-A76D-278CA627541A