Loading...
HomeMy WebLinkAboutAgreement A-21-386 with RHCB.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 28 A G R E E M E N T THIS AGREEMENT is made and entered into this day of September 2021, by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as "COUNTY", and RH Community Builders, a California Limited Partnership, whose address is 331 W Shields Avenue, Fresno, CA 93705, hereinafter referred to as “SUBRECIPIENT.” W I T N E S S E T H: WHEREAS, COUNTY, in accordance with the California Department of Housing and Community Development’s (HCD) Project Homekey, desires to provide a project-based rapid rehousing program to individuals or families that are experiencing homelessness in Fresno County; and WHEREAS, there is a drastic need for housing units that pair with rapid rehousing services to move individuals and families into independent living in Fresno County; and WHEREAS, SUBRECIPIENT has the expertise and is willing and able to provide rapid rehousing services pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties hereto agree as follows: 1.SUBRECIPIENT’S OBLIGATIONS A.SUBRECIPIENT shall perform all services and fulfill all responsibilities as identified in COUNTY’s Request for Proposal (RFP) No. 21-059, dated June 14, 2021, and Addendum No. One (1) to COUNTY’s RFP No. 21-059, dated July 8, 2021, collectively hereinafter referred to as COUNTY’s Revised RFP No. 21-059 and SUBRECIPIENT’s response to said Revised RFP, all incorporated herein by reference and made part of this Agreement. B. SUBRECIPIENT shall perform all services as set forth in Exhibit A, Summary of Services, attached hereto and incorporated herein by this reference. SUBRECIPIENT shall provide specified services and activities pursuant to the staffing patterns and program expenses detailed in Exhibit B, Budget Summary, attached hereto and incorporated herein by this reference. C.SUBRECIPIENT shall participate in monthly, or as needed, meetings with staff from COUNTY’s DSS to discuss requirements, data reporting, training, policies and procedures, overall program operations, and any problems or foreseeable problems that may arise. 21st Agreement No. 21-386 -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 28 D.In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1) the text of this Agreement (excluding the COUNTY’s Request for Proposal No. 21-059 and the SUBRECIPIENT’s Proposal in response thereto); (2) the COUNTY’s Request for Proposal No. 21- 059; and (3) the SUBRECIPIENT’s proposal made in response to COUNTY’s Request for Proposal No. 21-059. 2.TERM The term of this Agreement shall be for a period of nine (9) months, commencing on October 1, 2021 through and including June 30, 2022. This Agreement may be extended for two (2) additional consecutive twelve (12) month periods upon written approval of both parties no later than thirty (30)days prior to the first day of the next twelve (12) month extension period. The Director of the Department of Social Services (DSS) or his or her designee is authorized to execute such written approval on behalf of COUNTY based on SUBRECIPIENT’s satisfactory performance. 3.TERMINATION A.Non-Allocation of Funds - The terms of this Agreement, and the services to be provided hereunder, are contingent on the approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the services provided may be modified, or this Agreement terminated, at any time by giving the SUBRECIPIENT thirty (30) days advance written notice. B.Breach of Contract - The COUNTY may immediately suspend or terminate this Agreement in whole or in part, where in the determination of the COUNTY there is: 1)An illegal or improper use of funds; 2)A failure to comply with any term of this Agreement; 3)A substantially incorrect or incomplete report submitted to the COUNTY; 4)Improperly performed service. In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach of this Agreement or any default which may then exist on the part of the SUBRECIPIENT. Neither shall such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment to the -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 28 COUNTY of any funds disbursed to the SUBRECIPIENT under this Agreement, which in the judgment of the COUNTY were not expended in accordance with the terms of this Agreement. The SUBRECIPIENT shall promptly refund any such funds upon demand. C.Without Cause - Under circumstances other than those set forth above, this Agreement may be terminated by SUBRECIPIENT, COUNTY or COUNTY’s DSS Director, or designee, upon the giving of thirty (30) days advance written notice of an intention to terminate this Agreement. 4.COMPENSATION For actual services provided pursuant to the terms of this Agreement, COUNTY agrees to pay SUBRECIPIENT and SUBRECIPIENT agrees to receive compensation in accordance with Exhibit B, Budget Summary. In no event shall compensation paid for services performed under this Agreement be in excess of Six Million Five Hundred Eighty-Eight Thousand Three Hundred Thirty-Nine and No/100 Dollars ($6,588,339) during the term of this Agreement. For the period of October 1, 2021 to June 30, 2022, in no event shall compensation paid for services performed under this agreement be in excess of One Million Seven Hundred Seventy-Seven Thousand Five Hundred Ten and No/100 Dollars ($1,777,510). For the period of July 1, 2022 to June 30, 2023, in no event shall compensation paid for services performed under this agreement be in excess of Two Million Three Hundred Ninety-One Thousand Seven Hundred Forty-Four and No/100 Dollars ($2,391,744). For the period of July 1, 2023 to June 30, 2024, in no event shall compensation paid for services performed under this agreement be in excess of Two Million Four Hundred Nineteen Thousand Eighty-Five and No/100 Dollars ($2,419,085). It is understood that all expenses incidental to SUBRECIPIENT'S performance of services under this Agreement shall be borne by SUBRECIPIENT. If SUBRECIPIENT should fail to comply with any provision of the Agreement, COUNTY shall be relieved of its obligation for further compensation. Any compensation which is not expended by SUBRECIPIENT pursuant to the terms and conditions of this Agreement shall automatically revert to COUNTY. The services provided by the SUBRECIPIENT under this Agreement are funded in whole or in part by the State of California and the United States Federal government. In the event that funding for these services is delayed by the State Controller of the Federal government, COUNTY may defer -4- 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 28 payment to SUBRECIPIENT. The amount of the deferred payment shall not exceed the amount of funding delayed to the COUNTY. The period of time of the deferral by COUNTY shall not exceed the period of time of the State Controller’s or Federal government’s delay of payment to COUNTY plus forty- five (45) days. 5.INVOICING SUBRECIPIENT shall invoice COUNTY’s DSS in arrears by the tenth (10th) of each month for expenditures incurred and services rendered in the previous month to: DSSInvoices@fresnocountyca.gov. Payments by COUNTY’s DSS shall be in arrears for actual services provided during the preceding month, within forty-five (45) days after receipt, verification, and approval of SUBRECIPIENT’s invoices by COUNTY’s DSS. A Monthly Activity Report (MAR) shall accompany the invoice, reflecting services supported by the invoiced expenditures and be in a form and in such detail as acceptable to COUNTY's DSS. All final claims for funding shall be submitted by SUBRECIPIENT within sixty (60) days following the final month of services. In addition, for invoices received sixty (60) days after the expiration of each term of this Agreement or termination of this Agreement, at discretion of COUNTY’s DSS Director or his/her designee, COUNTY’s DSS shall have the right to deny payment of any additional invoices received. At the discretion of COUNTY’s DSS Director or his/her designee, if an invoice is incorrect or is otherwise not in proper form or detail, COUNTY’s DSS Director or his/her designee shall have the right to withhold payment as to only that portion that is incorrect or improper after five (5) days prior written notice or email correspondence to SUBRECIPIENT. SUBRECIPIENT agrees to continue to provide services for a period of ninety (90) days after written or email notification of an incorrect or improper invoice. If after the ninety (90) day period the invoice has still not been corrected to COUNTY’s DSS satisfaction, COUNTY or COUNTY’s DSS Director or his/her designee may elect to terminate this Agreement, pursuant to the termination provisions stated in Paragraph Three (3) of this Agreement. 6.INDEPENDENT CONTRACTOR In performance of the work, duties and obligations assumed by SUBRECIPIENT under this Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the SUBRECIPIENT'S officers, agents, and employees will at all times be acting and performing as an -5- 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 28 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and function. However, COUNTY shall retain the right to administer this Agreement so as to verify that SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof. SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely no right to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all matters relating to payment of SUBRECIPIENT'S employees, including compliance with Social Security withholding and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to this Agreement. 7.MODIFICATION A.Any matters of this Agreement may be modified from time to time by the written consent of SUBRECIPIENT and COUNTY without, in any way, affecting the remainder. B.Notwithstanding the above, changes to line items in Exhibit B, Budget Summary, in an amount not to exceed ten percent (10%) of the total maximum compensation payable to the SUBRECIPIENT as identified in Section Four (4) of this Agreement, may be made with the written approval of COUNTY’s DSS Director or designee and SUBRECIPIENT. Budget line-item changes shall not result in any change to the maximum compensation amount payable to SUBRECIPIENT, as stated herein. C.SUBRECIPIENT hereby agrees that changes to the maximum compensation Agreement may be necessitated by a reduction in funding from State and/or Federal sources. Any such reduction to the maximum compensation may be made with the written approval of COUNTY’s DSS -6- 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 28 Director or designee and SUBRECIPIENT. SUBRECIPIENT further understands that this Agreement is subject to any restrictions, limitations or enactments of all legislative bodies which affect the provisions, term, or funding of this Agreement in any manner. 8.ASSIGNMENT AND SUBCONTRACTS Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the prior written consent of the other party. Any transferee, assignee, or subcontractor will be subject to all applicable provisions of this Agreement, and all applicable State and Federal regulations. SUBRECIPIENT shall be held primarily responsible by COUNTY for the performance of any transferee, assignee, or subcontractor unless otherwise expressly agreed to in writing by COUNTY. The use of subcontractor by SUBRECIPIENT shall not entitle SUBRECIPIENT to any additional compensation than is provided for under this Agreement. 9.HOLD HARMLESS AND INDEMNIFICATION SUBRECIPIENT agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by SUBRECIPIENT, its officers, agents, or employees under this Agreement, and from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of SUBRECIPIENT, its officers, agents, or employees under this Agreement. The provisions of this section Nine (9) shall survive termination of this Agreement. 10.INSURANCE Without limiting the COUNTY's right to obtain indemnification from SUBRECIPIENT or any third parties, SUBRECIPIENT, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A.Commercial General Liability Commercial General Liability Insurance with limits of not less than Two Million Dollars -7- 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 28 ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B.Automobile Liability Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this Agreement. C.Professional Liability If SUBRECIPIENT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. SUBRECIPIENT agrees that it shall maintain, at its sole expense, in full force and effect for a period of three (3) years following the termination of this Agreement, one or more policies of professional liability insurance with limits of coverage as specified herein. D.Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. E.Additional Requirements Relating to Insurance SUBRECIPIENT shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance provided under SUBRECIPIENT's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to COUNTY. SUBRECIPIENT hereby waives its right to recover from COUNTY, its officers, agents, and employees any amounts paid by the policy of worker’s compensation insurance required by this -8- 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 28 Agreement. SUBRECIPIENT is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but SUBRECIPIENT’s waiver of subrogation under this paragraph is effective whether or not SUBRECIPIENT obtains such an endorsement. Within Thirty (30) days from the date SUBRECIPIENT signs and executes this Agreement, SUBRECIPIENT shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, DSSContractInsurance@fresnocountyca.gov Attention: Contract Analyst, stating that such insurance coverage has been obtained and is in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that for such worker’s compensation insurance the SUBRECIPIENT has waived its right to recover from the COUNTY, its officers, agents, and employees any amounts paid under the insurance policy and that waiver does not invalidate the insurance policy; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance provided under SUBRECIPIENT's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to COUNTY. In the event SUBRECIPIENT fails to keep in effect at all times insurance coverage as herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be issued by admitted insurers licensed to do business in the State of California, and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. 11. CONFLICT OF INTEREST: No officer, employee or agent of the COUNTY who exercises any function or responsibility for planning and carrying out of the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. In addition, no employee of the COUNTY shall be employed -9- 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 28 by the SUBRECIPIENT under this Agreement to fulfill any contractual obligations with the COUNTY. The SUBRECIPIENT shall comply with all Federal, State of California and local conflict of interest laws, statutes and regulations, which shall be applicable to all parties and beneficiaries under this Agreement and any officer, employee or agent of the COUNTY. 12.NON-DISCRIMINATION: During the performance of this Agreement SUBRECIPIENT shall not unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of ethnic group identification, gender, gender identity, gender expression, sexual orientation, color, physical disability, mental disability, medical condition, national origin, race, ancestry, marital status, religion, or religious creed, pursuant to all applicable State of California and Federal statutes and regulations. A.Domestic Partners and Gender Identity For State-funded contracts of $100,000 or more, SUBRECIPIENT certifies that it complies with Public Contract Code Section 10295.3. B.Americans with Disabilities Act SUBRECIPIENT assures COUNTY that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C. 12101 et seq.). C.The requirements stated above are binding on SUBRECIPIENT(s) directly or through contract, license, or other provider services, as long as it receives federal or state assistance. 13.LIMITED ENGLISH PROFICIENCY: SUBRECIPIENT shall provide interpreting and translation services to persons participating in SUBRECIPIENT’s services who have limited or no English language proficiency, including services to persons who are deaf or blind. Interpreter and translation services shall be provided as necessary to allow such participants meaningful access to the programs, services and benefits provided by SUBRECIPIENT. Interpreter and translation services, including translation of SUBRECIPIENT’s “vital documents” (those documents that contain information that is critical for accessing SUBRECIPIENT’s services or are required by law) shall be provided to participants at no cost to the participant. SUBRECIPIENT shall ensure that any employees, agents, subcontractor, or partners who interpret or translate for a program participant, or who -10- 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 28 directly communicate with a program participant in a language other than English, demonstrate proficiency in the participants’ language and can effectively communicate any specialized terms and concepts peculiar to SUBRECIPIENT’s services. 14.CLEAN AIR AND WATER In the event the funding under this Agreement exceeds One Hundred Thousand and No/100 Dollars ($100,000), SUBRECIPIENT shall comply with all applicable standards, orders or requirements issued under the Clear Air Act contained in 42 U.S. Code 7601 et seq; the Clean Water Act contained in 33 U.S. Code 1368 et seq.; and any standards, laws and regulations, promulgated thereunder. Under these laws and regulations, SUBRECIPIENT shall assure: A.No facility shall be utilized in the performance of the Agreement that has been listed on the Environmental Protection Agency (EPA) list of Violating Facilities; B.COUNTY shall be notified prior to execution of this Agreement of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA indicating that a facility to be utilized in the performance of this Agreement is under consideration to be listed on the EPA list of Violating Facilities; C.COUNTY and U.S. EPA shall be notified about any known violation of the above laws. 15.PROCUREMENT OF RECOVERED MATERIALS SUBRECIPIENT must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. For contracts meeting this threshold SUBRECIPIENT shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: A.Competitively within a timeframe providing for compliance with the contract performance schedule. B.Meeting contract performance requirements; or -11- 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 28 C.At a reasonable price. 16.DRUG-FREE WORKPLACE REQUIREMENTS For purposes of this paragraph, SUBRECIPIENT will be referred to as the “grantee.” By drawing funds against this grant award, the grantee is providing the certification that is required by regulations implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F. These regulations require certification by grantees that they will maintain a drug-free workplace. False certification or violation of the certification shall be grounds for suspension of payments, suspension or termination of grants, or government wide suspension or debarment. SUBRECIPIENT shall also comply with the requirements of the Drug-Free Workplace Act of 1990 (California Government Code section 8350 et seq.). 17.CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS A.COUNTY and SUBRECIPIENT recognize that Federal or State assistance funds will be used under the terms of this Agreement. For purposes of this paragraph, SUBRECIPIENT will be referred to as the “prospective recipient”. B.This certification is required by the regulation implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98m section 98.510, Participant’s responsibilities. 1)The prospective recipients of Federal or State assistance funds certified by entering into this Agreement, that neither they nor their principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2)The prospective recipients of funds agree by entering into this Agreement, that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency with which this transaction originated. 3)Where the prospective recipients of Federal assistance funds are unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 4)The prospective recipients shall provide immediate written notice to COUNTY -12- 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 28 if at any time prospective recipients learn that their certification in Paragraph Seventeen (17) of this Agreement was erroneous when submitted or has become erroneous by reason of changed circumstances. 5)The prospective recipients further agree that by entering into this Agreement, they will include a clause identical to Paragraph Seventeen (17) of this Agreement and titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions,” in all lower tier covered transactions and in all solicitations for lower-tier covered transaction. 6)The certification in Paragraph Seventeen (17) of this Agreement is a material representation of fact upon which COUNTY relied in entering into this Agreement. 18.CONFIDENTIALITY All services performed by SUBRECIPIENT under this Agreement shall be in strict conformance with all applicable Federal, State of California and/or local laws and regulations relating to confidentiality. 19.DATA SECURITY For the purpose of preventing the potential loss, misappropriation or inadvertent disclosure of COUNTY data including sensitive or personal client information; abuse of COUNTY resources; and/or disruption to COUNTY operations, individuals and/or agencies that enter into a contractual relationship with COUNTY for the purpose of providing services under this Agreement must employ adequate data security measures to protect the confidential information provided to SUBRECIPIENT by COUNTY, including but not limited to the following: A.SUBRECIPIENT-Owned Mobile/Wireless/Handheld Devices may not be connected to COUNTY networks via personally owned mobile, wireless or handheld devices, except when authorized by COUNTY for telecommuting and then only if virus protection software currency agreements are in place, and if a secure connection is used. B.SUBRECIPIENT-Owned Computers or Computer Peripherals may not be brought into COUNTY for use, including and not limited to mobile storage devices, without prior authorization from /// -13- 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 28 COUNTY’s Chief Information Officer or his/her designee. Data must be stored on a secure server approved by COUNTY and transferred by means of a VPN (Virtual Private Network) connection, or another type of secure connection of this type if any data is approved to be transferred. C. County-Owned Computer Equipment – SUBRECIPIENT or anyone having an employment relationship with COUNTY may not use COUNTY computers or computer peripherals on non- COUNTY premises without prior authorization from COUNTY’s Chief Information Officer or his/her designee. D. SUBRECIPIENT may not store COUNTY’s private, confidential or sensitive data on any hard-disk drive. E.SUBRECIPIENT is responsible to employ strict controls to insure the integrity and security of COUNTY’s confidential information and to prevent unauthorized access to data maintained in computer files, program documentation, data processing systems, data files and data processing equipment which stores or processes COUNTY data internally and externally. F.Confidential client information transmitted to one party by the other by means of electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of 128 BIT or higher. Additionally, a password or pass phrase must be utilized. G.SUBRECIPIENT is responsible to immediately notify COUNTY of any breaches or potential breaches of security related to COUNTY’s confidential information, data maintained in computer files, program documentation, data processing systems, data files and data processing equipment which stores or processes COUNTY data internally or externally. H.The requirements in this Data Security provision shall apply to SUBRECIPIENT’s subcontractor, if any. 20.SINGLE AUDIT CLAUSE: If SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in Federal and Federal flow-through monies, SUBRECIPIENT agrees to conduct an annual audit in accordance with the requirements of the Single Audit Standards as set forth in Office of Management and Budget (OMB) Title 2 of the Code of Federal Regulations Part 200. SUBRECIPIENT shall submit -14- 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 28 said audit and management letter to COUNTY. The audit must include a statement of findings or a statement that there were no findings. If there were negative findings, SUBRECIPIENT must include a corrective action signed by an authorized individual. SUBRECIPIENT agrees to take action to correct any material non-compliance or weakness found as a result of such audit. Such audit shall be delivered to COUNTY’s DSS, Administration, for review within nine (9) months of the end of any fiscal year in which funds were expended and/or received for the program. Failure to perform the requisite audit functions as required by this Agreement may result in COUNTY performing the necessary audit tasks, or at COUNTY’s option, contracting with a public accountant to perform said audit, or, may result in the inability of COUNTY to enter into future agreements with SUBRECIPIENT. All audit costs related to this Agreement are the sole responsibility of SUBRECIPIENT. A.A single audit report is not applicable if all SUBRECIPIENT’s Federal contracts do not exceed the Seven Hundred Fifty Thousand Dollars ($750,000) requirement or SUBRECIPIENT’s funding is through Drug related Medi-Cal. If a single audit is not applicable, a program audit must be performed and a program audit report with management letter shall be submitted by SUBRECIPIENT to COUNTY as a minimum requirement to attest to SUBRECIPIENT’s solvency. Said audit report shall be delivered to COUNTY’s DSS, Administration, for review no later than nine (9) months after the close of the fiscal year in which the funds supplied through this Agreement are expended. Failure to comply with this Act may result in COUNTY performing the necessary audit tasks or contracting with a qualified accountant to perform said audit. All audit costs related to this Agreement are the sole responsibility of SUBRECIPIENT who agrees to take corrective action to eliminate any material noncompliance or weakness found as a result of such audit. Audit work performed by COUNTY under this paragraph shall be billed to the SUBRECIPIENT at COUNTY cost, as determined by COUNTY’s Auditor- Controller/Treasurer-Tax Collector. B.SUBRECIPIENT shall make available all records and accounts for inspection by COUNTY, the State of California, if applicable, the Comptroller General of the United States, the Federal Grantor Agency, or any of their duly authorized representatives, at all reasonable times for a period of at least three (3) years following final payment under this Agreement or the closure of all other pending matters, whichever is later. -15- 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 28 21.PROPERTY OF COUNTY Any use of COUNTY funds provided under this Agreement, as specified in Exhibit B, for the purchase of computer hardware, software, and printers must be approved by COUNTY prior to purchase and must meet COUNTY specifications. SUBRECIPIENT agrees to take reasonable and prudent steps to ensure the security of any and all said hardware and software provided to it by COUNTY under this Agreement, to maintain replacement-value insurance coverages on said hardware and software of like kind and quality approved by COUNTY. In addition, all purchases over Five Thousand and No/100 Dollars ($5,000.00) made during the life of this Agreement shall be identified as fixed assets with an assigned COUNTY Accounting Inventory Number. These fixed assets shall be retained by COUNTY, as COUNTY property, in the event this Agreement is terminated or upon expiration of this Agreement. The SUBRECIPIENT agrees to participate in an annual inventory of all COUNTY fixed assets and shall be physically present when fixed assets are returned to COUNTY possession at the termination or expiration of this Agreement. SUBRECIPIENT is responsible for returning to COUNTY all COUNTY owned fixed assets upon the expiration or termination of this Agreement. 22.AUDITS AND INSPECTIONS: The SUBRECIPIENT shall at any time during business hours, and as often as the COUNTY may deem necessary, make available to the COUNTY for examination all of its records and data with respect to the matters covered by this Agreement. The SUBRECIPIENT shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure SUBRECIPIENT'S compliance with the terms of this Agreement. If this Agreement exceeds Ten Thousand Dollars ($10,000.00), SUBRECIPIENT shall be subject to the examination and audit of the Auditor General for a period of three (3) years after final payment under contract (Government Code Section 8546.7). In addition, SUBRECIPIENT shall cooperate and participate with COUNTY’s fiscal review process and comply with all final determinations rendered by the COUNTY’s fiscal review process. If COUNTY reaches an adverse decision regarding SUBRECIPIENT’s services to consumers, it may result in the disallowance of payment for services rendered; or in additional controls to the delivery of services, or in -16- 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 28 the termination of this Agreement, at the discretion of COUNTY’s DSS Director or designee. If as a result of COUNTY’s fiscal review process a disallowance is discovered due to SUBRECIPIENT’s deficiency, SUBRECIPIENT shall be financially liable for the amount previously paid by COUNTY to SUBRECIPIENT and this disallowance will be adjusted from SUBRECIPIENT’s future payments, at the discretion of COUNTY’s DSS Director or designee. In addition, COUNTY shall have the sole discretion in the determination of fiscal review outcomes, decisions and actions. 23.FRATERNIZATION SUBRECIPIENT shall establish procedures addressing fraternization between SUBRECIPIENT’s staff and clients. Such procedures will include provisions for informing SUBRECIPIENT’s staff and clients regarding fraternization guidelines. 24.STATE ENERGY CONSERVATION SUBRECIPIENT must comply with the mandatory standard and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with 42 United States (US) Code sections 6321, et. seq. 25.GRIEVANCES SUBRECIPIENT shall establish procedures for handling client complaints and/or grievances. Such procedures will include provisions for informing clients of their rights to a State Hearing to resolve such issues when appropriate. 26.PROHIBITION ON PUBLICITY None of the funds, materials, property or services provided directly or indirectly under this Agreement shall be used for SUBRECIPIENT’s advertising, fundraising, or publicity (i.e., purchasing of tickets/tables, silent auction donations, etc.) for the purpose of self-promotion. Notwithstanding the above, publicity of the services described in Paragraph One (1) of this Agreement shall be allowed as necessary to raise public awareness about the availability of such specific services when approved in advance by the Director or designee and at a cost as provided in Exhibit B for such items as written/printed materials, the use of media (i.e., radio, television, newspapers) and any other related expense(s). 27.PUBLIC INFORMATION SUBRECIPIENT shall disclose COUNTY as a funding source in all public information and -17- 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 28 program materials developed in support of contracted services. 28.NOTICES: The persons and their addresses having authority to give and receive notices under this Agreement include the following: COUNTY SUBRECIPIENT Director of Social Services, County of Fresno Executive Director RH Community Builders P.O. Box 1912 331 W Shields Avenue Fresno, CA 93718 Fresno, CA 93705 All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this Agreement must be in writing and delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, by telephonic facsimile transmission, or by electronic mail (email). A notice delivered by personal service is effective upon service to the recipient. A notice delivered by first-class United States mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by telephonic facsimile or email is effective when transmission to the recipient is completed (but, if such transmission is completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the next beginning of a COUNTY business day), provided that the sender maintains a written record of the completed transmission. For all claims arising out of or related to this Agreement, nothing in this section establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810). 29.CHANGE OF LEADERSHIP/MANAGEMENT: In the event of any change in the status of SUBRECIPIENT’s leadership or management, SUBRECIPIENT shall provide written notice to COUNTY within thirty (30) days from the date of change. Such notification shall include any new leader or manager’s name, address and qualifications. “Leadership or management” shall include any employee, member, or owner of SUBRECIPIENT who either a) directs -18- 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 28 individuals providing services pursuant to this Agreement, b) exercises control over the manner in which services are provided, or c) has authority over SUBRECIPIENT’s finances. 30. LOBBYING AND POLITICAL ACTIVITY: None of the funds provided under this Agreement shall be used for publicity, lobbying or propaganda purposes designed to support or defeat legislation pending in the Congress of the United States of America or the Legislature of the State of California. SUBRECIPIENT shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office. 31. DISCLOSURE OF SELF-DEALING TRANSACTIONS This provision is only applicable if the SUBRECIPIENT is operating as a corporation (a for-profit or non-profit corporation) or if during the term of the agreement, the SUBRECIPIENT changes its status to operate as a corporation. Members of the SUBRECIPIENT’s Board of Directors shall disclose any self-dealing transactions that they are a party to while SUBRECIPIENT is providing goods or performing services under this agreement. A self-dealing transaction shall mean a transaction to which the SUBRECIPIENT is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and incorporated herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or immediately thereafter. 32. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS SUBRECIPIENT acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to SUBRECIPIENT’s actions pertaining to this contract. 33. RECORDS A. Record Establishment and Maintenance SUBRECIPIENT shall establish and maintain records in accordance with those requirements prescribed by COUNTY, with respect to all matters covered by this Agreement. -19- 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 28 SUBRECIPIENT shall retain all fiscal books, account records and client files for services performed under this Agreement for at least five (5) years from date of final payment under this Agreement or until all State and Federal audits are completed for that fiscal year, whichever is later. B.Cost Documentation 1)SUBRECIPIENT shall submit to COUNTY within ten (10) calendar days following the end of each month, all fiscal and program reports for that month. SUBRECIPIENT shall also furnish to COUNTY such statements, records, data and information as COUNTY may request pertaining to matters covered by this Agreement. In the event that SUBRECIPIENT fails to provide reports as provided herein, it shall be deemed sufficient cause for COUNTY to withhold payments until compliance is established. 2)All costs shall be supported by properly executed payrolls, time records, invoices, vouchers, orders, or any other accounting documents pertaining in whole or in part to this Agreement and they shall be clearly identified and readily accessible. The support documentation must indicate the line budget account number to which the cost is charged. 3)COUNTY shall notify SUBRECIPIENT in writing within thirty (30) days of any potential State or Federal audit exception discovered during an examination. Where findings indicate that program requirement are not being met and State or Federal participation in this program may be imperiled in the event that corrections are not accomplished by SUBRECIPIENT within thirty (30) days of receipt of such notice from COUNTY, written notification thereof shall constitute COUNTY’s intent to terminate this Agreement. C.Service Documentation SUBRECIPIENT agrees to maintain records to verify services under this Agreement including names and addresses of clients served, if applicable, and the dates of service and a description of services provided on each occasion. These records and any other documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. 34.INTERPRETATION OF LAWS AND REGULATIONS COUNTY reserves the right to make final interpretations or clarifications on issues relating to Federal and State laws and regulations, to ensure compliance. /// -20- 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 28 35.CHILD SUPPORT COMPLIANCE ACT For any State-funded Agreement in excess of $100,000, SUBRECIPIENT acknowledges in accordance with Public Contract Code 7110, that: A.SUBRECIPIENT recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and B.SUBRECIPIENT to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 36.PRIORITY HIRING CONSIDERATIONS If this Agreement includes State funding and services in excess of $200,000, SUBRECIPIENT shall give priority consideration in filling vacancies in positions funded by the Agreement to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Public Contract Code Section 10353. 37.NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from this Agreement. 38.CONTRACTOR’S NAME CHANGE An amendment is required to change the name of SUBRECIPIENT as listed on this Agreement. Upon receipt of legal documentation of the name change COUNTY will process the amendment. Payment of invoices presented with the new name cannot be paid prior to approval of said amendment. 39.COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS SUBRECIPIENT, its officers, consultants, subcontractors, agents and employees shall comply with all applicable State, Federal and local laws, regulations, and executive orders, as well as -21- 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 28 Federal policies, procedures, and directives governing projects that utilize State and Federal Funds. This includes laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable or related to SUBRECIPIENT’s services, the SUBRECIPIENT, its subcontractors, and all eligible activities. SUBRCIPIENT shall be responsible for obtaining all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, implementation, operation, and maintenance of the activities. SUBRECIPIENT shall be responsible for observing and complying with any applicable federal, state, and local laws, rules, and regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. SUBRECIPIENT shall provide copies of permits and approvals to COUNTY upon request. 40.ESG ELIBILITY AND REPORTING REQUIREMENTS A. SUBRECIPIENT is required to accept referrals only through the FMCoC Coordinated Entry System or COUNTY. B.COUNTY’s failure to inform SUBRECIPIENT of any reporting requirements shall not relieve SUBRECIPIENT of compliance with any ESG eligibility and reporting requirements. SUBRECIPIENT agrees, in accordance with the requirements of the ESG program, that ALL beneficiaries of SUBRECIPIENT’s activities provided under this Agreement must meet the following minimum criteria: 1.Any individual or family provided with assistance through ESG must meet the U.S. Department of Housing and Urban Development (HUD) definition of homeless and must be documented. 2.The households targeted must be those most in need of this assistance and most likely to achieve stable housing, whether subsidized or unsubsidized, outside of ESG after the program concludes. C.If SUBRECIPIENT is providing Rapid Rehousing services, the beneficiary household must be at or below 30% of the Area Median Income (AMI) for Fresno at re-evaluation as referenced in Exhibit D incorporated herein by reference and made part of this Agreement. If SUBRECIPIENT is providing Homeless Prevention services, the beneficiary household must be at or below 30% of the AMI at -22- 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 28 intake and re-evaluation. The AMI may change on a yearly basis and SUBRECIPIENT is required to use the most recent version as provided by HUD. D. SUBRECIPIENT is expected to meet all other ESG requirements as described in 24 CFR Part 576. 41. MINIMUM DATA COLLECTION REQUIREMENTS SUBRECIPIENT is required to collect and report client-level data in the local Homeless Management Information System (HMIS) administered by the Fresno Housing Authority. Reporting through HMIS is a requirement of ESG funding. HMIS will be used to collect data and report on outputs and outcomes as required by HUD. SUBRECIPIENT is required to enter all client intakes, provide regular updates and exit all clients once services are completed. At a minimum, SUBRECIPIENT must enter the following information in the FMCoC HMIS database for federal reporting purposes: (1) Name (2) Social Security Number (3) Date of Birth (4) Race (5) Ethnicity (6) Gender (7) Veteran Status (8) Disabling Condition (9) Residence Prior to Program Entry (10) Zip Code of Last Permanent Address (11) Housing Status (12) Program Entry Date (13) Program Exit Date (14) Personal Identification Number (15) Household Identification Number (16) Income and Sources -23- 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 28 (17)Non-Cash Benefits (18)Destination (Where Client Will Stay Upon Exit) (19)Financial Services Provided (20)Housing Relocation and Stabilization Services Provided COUNTY reserves the right to add additional reporting requirements as required by HUD. 42.ELECTRONIC SIGNATURE: The parties agree that this Agreement may be executed by electronic signature as provided in this section. An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. 43.GOVERNING LAW: Venue for any action arising out of or related to this Agreement shall only be in Fresno County, California. The rights and obligations of the parties and all interpretation and performance of this Agreement shall be governed in all respects by the laws of the State of California. 44.DISPUTES: SUBRECIPIENT shall continue with the responsibilities under this Agreement during any dispute. -24- 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 28 45.SEVERABILITY The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in the Agreement shall not affect the other provisions. 46.ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the SUBRECIPIENT and COUNTY with respect to the subject matter hereof and supersedes all previous Agreement negotiations, proposals, commitments, writings, advertisements, publications, and understanding of any nature whatsoever unless expressly included in this Agreement. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first 2 hereinabove written. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Print Name1/'Jayne Rutledge Title : Chief Executive Officer Chairman of the Board, or President, or any Vice President By: -'~,,,c;....;:.=--.....,,,.___,_,_~----- Print Name: Brad Hardie Title: President Secretary (of Corporation), or any Assistant Secretary, or Chief Financial Officer, or any Assistant Treasurer Mailing Address: 331 W Shields Ave Fresno, CA 93705 Phone No : (585) 314-3914 Contact: Executive Director FOR ACCOUNTING USE ONLY: Fund/Subclass : 0001/10000 26 ORG No .: 56107093 Account No .: 7870 27 28 Steve B andau , Chairman of the Board of Supervisors of the County of Fresno ATTEST: Bernice E . Seidel Clerk of the Board of Supervisors County of Fresno , State of California By Ji.~ L,,tJ Deputy -25- Exhibit A Page 1 of 2 SUMMARY OF SERVICES ORGANIZATION: RH COMMUNITY BUILDERS SERVICES: RAPID REHOUSING SERVICES at CROSSROADS VILLAGE CONTRACT TERM: October 1, 2021 - June 30, 2022 July 1, 2022 - June 30, 2023 (optional) July 1, 2023 - June 30, 2024 (optional) RAPID REHOUSING SERVICES The County of Fresno’s (County) Rapid Rehousing program at Crossroads Village is designed to help individuals and families exit homelessness and achieve housing stability in permanent housing. The target population of Rapid Rehousing services are individuals or families that are experiencing homelessness and have demonstrated the ability to continue progressing towards unsubsidized housing or those who are also at risk of serious illness from COVID-19. The Rapid Rehousing program provides temporary, medium-term financial assistance (0-24 months), combined with housing location and case management services, to help homeless individuals and families obtain permanent housing and achieve long-term stability. Rapid Rehousing services shall follow a project-based model. •Project-based assistance will be provided at the Crossroads Village site located at 3737 N Blackstone Ave, Fresno, CA 93726. •Participants will exit from the Rapid Rehousing program to permanent housing at another location. Participants shall receive up to 24 months of financial assistance through this program with County approval for any length of stay over 12 months. The Rapid Rehousing program shall consist of the following: A.Case Management: Intensive case management services are to be provided that focus on developing an unsubsidized housing plan for all participants, helping them overcome barriers to attaining permanent housing, locating and placing participants into housing, monitoring participant progress, and intervening with relevant support, if necessary, to ensure participant stability. Six (6) direct service staff will provide services. Case management services entail regular contact, weekly or as needed; sustained effort to stabilize the participant’s housing situation; and active pursuit of additional community resources for the participant’s benefit. B.Renters’ Education: An educational series is to be provided to participants focused on improving their stability and life skills that will assist participants with long-term housing stability. Group courses will be offered annually on skills such as conflict resolution with landlords and neighbors, resident maintenance, and long-term housing goals. C.Rental Assistance: Direct financial assistance is to be provided to remove immediate barriers to housing, including rental assistance of up to 24 months (any time after 12 months requires pre-approval from COUNTY), utility payments, security and utility deposits, moving costs, transportation costs, and rental application fees. Transportation costs must be related to housing search and placement or housing stability case management (reference 24 CFR 576.105(b)(1)(2) for more details). The RRH program will work with clients to ensure that clients pay a share of cost toward rental assistance, beginning with the first month of assistance. The RRH Program shall develop a share of cost schedule and ensure that client subsidies adhere to the schedule based on individual needs. The income limit of all clients is 30% of Area Median Income (AMI). In addition, clients must pay no more than 30% of the fair market rent of the units. The maximum client share of cost is $366 for a studio and $392 for a 1- bedroom. Exhibit A Page 2 of 2 These Rapid Rehousing services are intended to both help individuals obtain permanent housing stability and mitigate the impacts on participants created by coronavirus. Current residents who have been in placement since January 2021 will need to be transitioned out of Crossroads Village and into permanent housing upon exhaustion of the subsidy due to the funding restrictions of ESG-CV. Security deposits for each resident are collected upon entry to Crossroads and will be returned to the resident upon exit of Crossroads. RH will be responsible for developing transition plans for all clients moving out of Crossroads. For eligible uses of ESG-CV funding, refer to CPD Notice 20-08 and 24 CFR 576. SUBRECIPIENT RESPONSIBILITIES Subrecipient shall: •Provide the above Rapid Rehousing Program services during the term of the Agreement. •Understand that the project is evolving. RH may be required to assist in relocating and assisting residents while renovations occur in the hotel. •Maintain membership in good standing in the Fresno Madera Continuum of Care (FMCoC) as defined by FMCoC bylaws and participate in the Coordinated Entry System (CES). •Develop an adequate procedure to prevent duplication of benefits. •Accept referrals only through the FMCoC CES or DSS. •In the event the number of referrals exceeds the number of available housing placements, RH will prioritize referrals using the following criteria: Vulnerability Index – Service Prioritization Decision Assistance Tool score, length of homelessness, medical conditions, and any other relevant factors. •Enter participant information into the Homeless Management Information System (HMIS) in compliance with ESG and HUD data collection, management, and reporting standards. •Meet with County staff monthly, or as often as needed, for service coordination, problem/issue resolution, information sharing, training, review, and monitoring of services. •Engage clients in a linguistically and culturally appropriate manner, including the use of interpreters when needed. •Provide annual Civil Rights training to staff and provide relevant verification to the County of Fresno by April 1. •Provide complete and accurate monthly activity reports to the County of Fresno, in a report format approved by the County by the 10th of each month for services rendered in the previous month. •RH must also report the following: 1. The number of individuals receiving case management and the duration of the assistance; 2. The types of assistance received by recipients (financial and/or case management); and 3.The client’s housing status at 6 months after receiving assistance from the program. PERFORMANCE GOALS AND OUTCOMES RH shall meet the following outcomes during the term of this agreement: 1.80% of clients that exit the Rapid Rehousing program component will remain stably housed at 6 months after exiting the program. 2. 60% of participants will be referred to outside services including but not limited to physical health, behavioral health, and/or mental health treatments, money management classes, or anything else deemed appropriate for this population. In addition to the above outcomes, RH shall meet the following performance goals during the term of this agreement: 1.124 clients will exit Crossroads Village into permanent housing. 2.140 unique clients will receive rental assistance per fiscal year. 3.A minimum of 3 workshops and activities will be offered per month. 4.A minimum of 15 clients will attend twice per month workshops and 80% of all clients will attend at least 1 workshop or activity during their residency at Crossroads Village (sign-in sheets to be provided to the County). Exhibit B Page 1 of 3 BUDGET SUMMARY ORGANIZATION: RH Community Builders SERVICES: Crossroads Rapid Rehousing CONTRACT TERM: October 1, 2021 through June 30, 2022 CONTRACT AMOUNT: $1,777,510 Budget Categories Amount Rapid Rehousing Personnel Salaries 0.25 FTE Housing Director 1.0 FTE Program Manager 2.0 FTE Housing Case Managers III 2.0 FTE Housing Case Managers II 2.0 FTE Housing Case Managers I 0.10 FTE Financial Analyst 1.0 FTE Office Assistant Payroll Taxes Worker’s Comp Benefits Subtotal $388,545 Rapid Rehousing Operations Operations Office Supplies Equipment Cleaning Supplies Internet, Phone & Email Training Insurance and Professional Fees Transportation Subtotal $40,464 Rapid Rehousing Direct Financial Assistance Rental Assistance Utility Payments Security/Utility Deposits Moving Costs Rental Application Fees Subtotal $1,186,909 Indirect Costs Subtotal $161,592 Total $1,777,510 Note: Rent shall not exceed Fair Market Rent for the County of Fresno. Only eligible expenses 24 CFR 576 (ESG) and CPD Notice 20-08 (ESG-CV) are allowed. Exhibit B Page 2 of 3 BUDGET SUMMARY ORGANIZATION: RH Community Builders SERVICES: Crossroads Rapid Rehousing CONTRACT TERM: July 1, 2022 through June 30, 2023 (if term is exercised) CONTRACT AMOUNT: $2,391,744 Budget Categories Amount Rapid Rehousing Personnel Salaries 0.25 FTE Housing Director 1.0 FTE Program Manager 2.0 FTE Housing Case Managers III 2.0 FTE Housing Case Managers II 2.0 FTE Housing Case Managers I 0.10 FTE Financial Analyst 1.0 FTE Office Assistant Payroll Taxes Worker’s Comp Benefits Subtotal $537,816 Rapid Rehousing Operations Operations Office Supplies Equipment Cleaning Supplies Internet, Phone & Email Training Insurance and Professional Fees Transportation Subtotal $53,952 Rapid Rehousing Direct Financial Assistance Rental Assistance Utility Payments Security/Utility Deposits Moving Costs Rental Application Fees Subtotal $1,582,545 Indirect Costs Subtotal $217,431 Total $2,391,744 Note: Rent shall not exceed Fair Market Rent for the County of Fresno. Only eligible expenses 24 CFR 576 (ESG) and CPD Notice 20-08 (ESG-CV) are allowed. Exhibit B Page 3 of 3 BUDGET SUMMARY ORGANIZATION: RH Community Builders SERVICES: Crossroads Rapid Rehousing CONTRACT TERM: July 1, 2023 through June 30, 2024 (if term is exercised) CONTRACT AMOUNT: $2,419,085 Budget Categories Amount Rapid Rehousing Personnel Salaries 0.25 FTE Housing Director 1.0 FTE Program Manager 2.0 FTE Housing Case Managers III 2.0 FTE Housing Case Managers II 2.0 FTE Housing Case Managers I 0.10 FTE Financial Analyst 1.0 FTE Office Assistant Payroll Taxes Worker’s Comp Benefits Subtotal $562,671 Rapid Rehousing Operations Operations Office Supplies Equipment Cleaning Supplies Internet, Phone & Email Training Insurance and Professional Fees Transportation Subtotal $53,952 Rapid Rehousing Direct Financial Assistance Rental Assistance Utility Payments Security/Utility Deposits Moving Costs Rental Application Fees Subtotal $1,582,545 Indirect Costs Subtotal $219,917 Total $2,419,085 Note: Rent shall not exceed Fair Market Rent for the County of Fresno. Only eligible expenses 24 CFR 576 (ESG) and CPD Notice 20-08 (ESG-CV) are allowed. Exhibit C Page 1 of 2 SELF-DEALING TRANSACTION DISCLOSURE FORM In order to conduct business with the County of Fresno (hereinafter referred to as “County”), members of a contractor’s board of directors (hereinafter referred to as “County Contractor”), must disclose any self-dealing transactions that they are a party to while providing goods, performing services, or both for the County. A self-dealing transaction is defined below: “A self-dealing transaction means a transaction to which the corporation is a party and in which one or more of its directors has a material financial interest” The definition above will be utilized for purposes of completing this disclosure form. INSTRUCTIONS (1)Enter board member’s name, job title (if applicable), and date this disclosure is being made. (2)Enter the board member’s company/agency name and address. (3)Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a minimum, include a description of the following: a.The name of the agency/company with which the corporation has the transaction; and b.The nature of the material financial interest in the Corporation’s transaction that the board member has. (4)Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Code. (5)Form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4). Exhibit C Page 1 of 2 (1)Company Board Member Information: Name: Date: Job Title: (2)Company/Agency Name and Address: (3)Disclosure (Please describe the nature of the self-dealing transaction you are a party to): (4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a): (5)Authorized Signature Signature: Date: THIRTY PERCENT INCOME LIMITS PAGE 10 STATE:CALIFORNIA -------------------30% L O W I N C O M E L I M I T S--------------------------- MEDIAN 1 PERSON 2 PERSON 3 PERSON 4 PERSON 5 PERSON 6 PERSON 7 PERSON 8 PERSON Bakersfield, CA MSA 59700 14650 16750 18850 20900 22600 24250 25950 27600 Chico, CA MSA 68400 14650 16750 18850 20900 22600 24250 25950 27600 El Centro, CA MSA 56200 14650 16750 18850 20900 22600 24250 25950 27600 Fresno, CA MSA 62800 14650 16750 18850 20900 22600 24250 25950 27600 Hanford-Corcoran, CA MSA 65800 14650 16750 18850 20900 22600 24250 25950 27600 Los Angeles-Long Beach-Anaheim, CA MSA Los Angeles-Long Beach-Glendale,80000 24850 28400 31950 35450 38300 41150 44000 46800 Santa Ana-Anaheim-Irvine, CA HMF106700 28250 32300 36350 40350 43600 46850 50050 53300 Madera, CA MSA 62900 14650 16750 18850 20900 22600 24250 25950 27600 Merced, CA MSA 66400 14650 16750 18850 20900 22600 24250 25950 27600 Modesto, CA MSA 68900 15000 17150 19300 21400 23150 24850 26550 28250 Napa, CA MSA 101500 23900 27300 30700 34100 36850 39600 42300 45050 Oxnard-Thousand Oaks-Ventura, CA 98800 23600 26950 30300 33650 36350 39050 41750 44450 Redding, CA MSA 69500 14950 17050 19200 21300 23050 24750 26450 28150 Riverside-San Bernardino-Ontario 77500 16600 19000 21350 23700 25600 27500 29400 31300 Sacramento-Roseville-Arden-Arcade, CA MS Sacramento--Roseville--Arden-Arc91100 19050 21800 24500 27200 29400 31600 33750 35950 Yolo, CA HMFA 88600 18650 21300 23950 26600 28750 30900 33000 35150 Salinas, CA MSA 80900 21350 24400 27450 30500 32950 35400 37850 40300 San Diego-Carlsbad, CA MSA 95100 25450 29100 32750 36350 39300 42200 45100 48000 San Francisco-Oakland-Hayward, CA MSA Oakland-Fremont, CA HMFA 125600 28800 32900 37000 41100 44400 47700 51000 54300 San Francisco, CA HMFA 149600 38400 43850 49350 54800 59200 63600 68000 72350 San Jose-Sunnyvale-Santa Clara, CA MSA San Benito County, CA HMFA 90700 20550 23450 26400 29300 31650 34000 36350 38700 San Jose-Sunnyvale-Santa Clara, 151300 34800 39800 44750 49700 53700 57700 61650 65650 San Luis Obispo-Paso Robles-Arro 97800 20550 23500 26450 29350 31700 34050 36400 38750 U.S. Department of Housing and Urban Development. ESG Income Limits. Effective April 1, 2021. Retrieved from http://www.hudexchange.info/resource/5079/esg- income-limits/ Note: AMI is updated annually. Subrecipient must use most current HUD AMI. Exhibit D Page 1 of 1