HomeMy WebLinkAboutAgreement A-21-555 with RH.pdfCOUNTY OF FRESNO
Fresno, CA
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AMENDMENT I TO AGREEMENT
THIS AMENDMENT, hereinafter referred to as Amendment I, is made and entered into
this__________ day of __________________, 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, LP California Limited Partnership, whose address is 331 Shields
Avenue, Fresno Ca 93705, hereinafter referred to as “SUBRECIPIENT.”
WHEREAS, the parties entered into that certain Agreement, identified as DEPARTMENT
Agreement No. D-21-103, effective April 5, 2021, COUNTY received allocation funding from the
United States Department of the Treasury and the California Department of Housing and Community
Development to administer the Emergency Rental Assistance Program, authorized by Senate Bill 91;
and
WHEREAS, the COUNTY has a significant population of households financially effected by
the COVID-19 pandemic and are in need of rental assistance; and
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
contained, the parties hereto agree as follows:
1.That COUNTY Agreement No. D-21-103, Page One (1), Section Two (2) Term, beginning with
Line Twenty-Four (24), with the word “The” and ending on Page One (1), Line Twenty-Five (25) with
the number “2021” be deleted and the following inserted in its place:
“The term of this Agreement shall be March 1, 2021 through and including September 30,
2022.”
2.That the existing COUNTY Agreement No. D-21-103, Page Four (4), Section Eight (8) Hold
Harmless, beginning with Line Twenty-Four (24), with the word "County" and ending on Page Five
(5), Line Twenty-Four (24) with the word "Agreement" be deleted and the following inserted in its
place:
“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
Agreement No. 21-555
14th December
COUNTY OF FRESNO
Fresno, CA
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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.”
3.That the existing COUNTY Agreement No. D-21-103, Page Five (5), Section Nine (9)
Insurance, beginning with Line Four (4), with the word "Without" and ending on Page Six (6), Line
Seven (7) with the word "SUBRECIPIENT." be deleted and the following inserted in its place:
“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
($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.
D. Worker's Compensation
COUNTY OF FRESNO
Fresno, CA
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A policy of Worker's Compensation insurance as may be required by the California Labor
Code.
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.”
4.That COUNTY Agreement No. D-21-103, Page Nine (9), Section Sixteen (16) Confidentiality,
Line Nineteen (24), replace the work “CONTRACTOR” with the work “SUBRECIPIENT”:
5.That all references in existing COUNTY Agreement No. D-21-103 to “Exhibit A” shall be
changed to read “Revised Exhibit A,” which is attached hereto and incorporated herein by this
reference.
6.That all references in existing COUNTY Agreement No. D-21-103 to “Exhibit B” shall be
changed to read “Revised Exhibit B,” which is attached hereto and incorporated herein by this
reference.
7.COUNTY and SUBRECIPIENT agree that this Amendment I is sufficient to amend Agreement
No. D-21-103 and, that upon execution of this Amendment I, the original Agreement and 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 shall become effective retroactive to March 1, 2021.
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2 IN WITNESS WHEREOF , the parties hereto have executed this Amendment I to Agreement as
3 of the day and year first hereinabove written.
4 ATTEST:
5 SUBRECIPIENT:
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1 O Print Name: Wayne Rutledge
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12 Title: Chief Executive Officer
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------------Chairman of the Board, or
President , or any Vice President
By:-------------
Print Name:
Ti t le:
----------
------------
Secretary ( of Corporation), or
any Assistant Secretary, or
Chief Financial Officer, or
any Assistant Treasurer
Mailing Address:
2550 W Clinton Ave #142 ,
Fresno , CA 93 705
Phone No.: (559) 492-1373
Contact: Katie Wilbur
2 6 Fund /Subclass: 0001/10000
Organization: 561073 70
2 7 Account/Program: 0001/10000
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COUNTY OF FRESNO
By:-----J--....L~-~-
Steve ~randau , Chairman of the Board of
Supervisors of the County of Fresno
BERNICE E. SEIDEL , Clerk
Board of Supervisors
-4 -COUNTY OF FRESNO
Fresno, CA
Revised Exhibit A
Page 1 of 5
SUMMARY OF SERVICES
ORGANIZATION: RH Community Builders
ADDRESS: 2550 W. Clinton, #142 Fresno, CA, 93705
SERVICES: Emergency Rental Assistance Program
TELEPHONE: 559-492-1373
EMAIL: katie@rhcbfresno.com
________________________________________________________________________
RH Community Builders (SUBRECIPIENT) will work with local partner agencies
(SUBCONTRACTORS) to provide emergency rental assistance to individuals who have
suffered financial hardship due to COVID-19. Any SUBCONTRACTORS will require
COUNTY approval prior to subcontracting.
Eligible households may receive up to 12 months of assistance for the eligible time
frame, plus an additional three months if it is determined the extra months are needed to
ensure housing stability and funds are available. Prior to funding any future rental
payments, SUBRECIPIENT must prioritize ALL rental arrears for eligible households and
get permission from the COUNTY. Rental assistance provided to an eligible household
should not be duplicative of any other federally funded rental assistance provided to such
households.
I. SUBRECIPIENT RESPONSIBILITIES
A. Must comply with Section 501 of Division N of the Consolidated
Appropriations Act, 2021, Pub. L. No. 116-260 as well as California Senate
Bill 91. Additionally, SUBRECIPIENT and SUBCONTRACTORS must also
follow all provisions of the State and Federal Standard Agreements which
will be provided to SUBRECIPIENT after execution by the State/Federal
entity and COUNTY.
B. Provide rental assistance to eligible individuals in the cities of:
1. North East Region
a) Clovis
b) Tollhouse
c) Auberry
d) Prather
e) Shaver Lake
2. North West Region
a) Firebaugh
b) Biota
c) Kerman
d) Tranquility
e) Mendota
f) San Joaquin
Revised Exhibit A
Page 2 of 5
3. South West Region
a) Coalinga
b) Cantua Creek
c) Five Points
d) Huron
4. South East Region
a) Orange Cove
b) Del Rey
c) Centerville
d) Minkler
e) Dunlap
f) Squaw Valley
g) Parlier
h) Reedley
i) Sanger
5. Southern
a) Fowler
b) Laton
c) Caruthers
d) Raisin City
e) Riverdale
f) Selma
Kingsburg
C. Determine household's eligibility: To be eligible, a household must be renting
their residence, and at least one or more individuals meets the following
criteria and has the appropriate documentation:
1. Qualifies for unemployment or has experienced a reduction in household
income incurred high costs or experienced a financial hardship due to
COVID-19. Appropriate documentation that will be considered are:
a) EDD Documentation;
b) Past and current pay stubs or schedules;
c) Letters of termination;
d) Last-received pay stub with employer's information;
e) For self-employed persons, tax records, statements, or other
documentation of loss of employment;
f) Medical bills;
g) Receipts; or
h) Any other document deemed appropriate including written
attestation.
2. Demonstrates a risk of experiencing homelessness or housing instability.
Appropriate documentation that will be considered are:
a) Three Day pay or quit;
b) Eviction notice;
c) Document from Landlord;
d) Proof of unsafe or unhealthy living conditions; or
e) Any other document deemed appropriate including written
attestation.
3. Has a household income at or below 50% (<$31,420) for Fresno County
Revised Exhibit A
Page 3 of 5
Median Area Income ($62,841) Those with income below 50% of the AMI
will be assisted first. Once ALL households that meet the 50% threshold
SUBRECIPIENT may begin to assist households with income between 51-
80% AMI with prior approval of COUNTY. Household income is
determined as either the household's total income for the calendar year
2020 or the household's monthly income at the time of application. For
household incomes determined using the latter method, SUBRECIPEINT
must redetermine eligibility every three months.
a) The total amount (before payroll deductions) of wages and
salaries, overtime pay, commissions, fees, tips and bonuses, and
other compensation for personal services. Appropriate
documentation that will be considered:
i. Check Stubs;
ii. Tax Documents (W-2, Form 1099, and Form 5498); or
iii. Any other document deemed appropriate including written
attestation.
b) Net income from the operation of a business or profession
Interest, dividends, and other net income of any kind from real
or personal property. Appropriate documentation that will be
considered:
i. 1040 with schedules C, E, or F
ii. Financial statements of the business; or
iii. Any other document deemed appropriate including
written attestation.
c) Full amount of periodic amounts received from Social Security,
annuities, insurance policies, retirement funds, pensions, disability
or death benefits, and other similar types of periodic receipts,
including lump-sum amount or prospective monthly amounts for
the delayed start of a periodic amount. Appropriate documentation
that will be considered:
i. Quarterly pension reports
ii. Award letters
iii. Bank statement; or
iv. Any other document deemed appropriate including written
attestation.
d) Payments in place of earnings including unemployment and
disability compensation, worker's compensation, and severance
pay. Appropriate documentation that will be considered:
i. Award letters
ii. Worker's compensation documentation (A signed and dated
copy of the court order, notice or mailer insert enclosed with
the WC/PDB check that explains payments, check or check
stub showing the exact periodic rate and the effective date
of change, or a signed and approved LS settlement copy
that shows the periodic rate and the effective date of
Revised Exhibit A
Page 4 of 5
change, or a signed and approved LS settlement
iii. Bank statements; or
iv. Any other document deemed appropriate including written
attestation.
e) Periodic and determinable allowances, such as alimony and child
support payments. Appropriate documentation that will be
considered:
i. Court docs
ii. Divorce or Separation Agreement
iii. Bank Statements; or
iv. Any other document deemed appropriate including written
attestation.
f) All regular pay, special pay, and allowances of a member of the
Armed Forces. Appropriate documentation that will be considered:
i. VA Benefits documents stating amount and effective begin
date
ii. Bank Statements
iii. Any other document deemed appropriate including written
attestation.
SUBRECIPIENT must prioritize households with an individual who has been unemployed for
90 days prior to the application for assistance.
D. Provide landlord outreach: SUBRECIPIENT must make reasonable efforts to
obtain the cooperation of the landlord to accept payments by:
1. Requesting for in participation writing, by mail, to the landlord or utility
provider, and the addressee does not respond to the request within seven
calendar days after mailing; or
2. the grantee making at least three attempts by phone, text, or e-mail over a
five calendar-day period to request the landlord or utility provider’s
participation.
A landlord may confirm writing that the landlord does not wish to participate. The final outreach
attempt or notice to the landlord must be documented. The cost of contacting landlords would
be an eligible administrative cost.
SUBRECIPIENT must prioritize households with an individual who has been unemployed for
90 days prior to the application for assistance.
E. Provide notification of all payments for rental arrears to landlord and tenant, as well
as of all prospective payments for rent. The notification must identify the specific:
1. Dwelling unit and Eligible Household;
2. Amount of rental assistance;
3. Time period for which payment is provided;
4. Date the payment was disbursed; and
5. Check number or transaction number.
F. Provide services as part of the centralized system will include:
Revised Exhibit A
Page 5 of 5
1. Database of clients- including income, documents, and relief provided;
2. Single point of contact for online and phone inquiries or referrals-
answering service and website will be fully ADA compliant and available in
English, Spanish, and Hmong;
3. Coordination of outreach efforts and marketing;
4. Coordination of assignment of phone/online referrals;
5. Basic required equipment for subcontractors (internet-ready laptops,
portable scanner, etc.);
6. Verification of documents and compliance with federal/state/county
requirements;
7. Monitoring of landlord agreements;
8. Accounting/Bookkeeping services for the provision of direct financial
assistance; and
9. Training on required documentation and verification process of
SUBRECIPIENT staff.
G. Outcomes
1. 100% of State Block grant funds must be expended no later September 30,
2022.
2. 100% of Federal ERAP funds will be expended no later than September 30,
2022.
3. 100% of households that meet eligibility requirements will be assisted with
rental arrears.
II. COUNTY RESPONSIBILITIES
A. Schedule and facilitate meetings as often as needed for service coordination,
problem/issue resolution, and monitoring of services.
B. Work with SUBRECIPIENT to develop a process to ensure there is no duplication
of aid.
C. Ensure the SUBRECIPIENT and SUBCONTRACTORS are complying with all
State and Federal regulations as set forth in Section 501 of Division N of the
Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, California Senate Bill
91, as well as all provisions in the Federal and State Standard Agreements for
ERAP funds.
ORGANIZATION NAME:
PROJECT NAME:
CONTRACT NUMBER:
REMIT TO:
Personnel Salaries
Payroll Taxes
Benefits
Workman's Comp
Insurance
Facilities/Utilities/Office Supplies
Equipment
Transportation
Program Supplies
Subcontracts
Professional Fees
Start Up
RH Admin (Amending to Indirect)
Direct Rental Assistance
TOTAL
Position FTE Monthly Salary Total
Director 0.25 2690 24215.04
Program Manager 1 5725 51525
Compliance Specialist 2 12569 113121
Outreach Staff 4 19167 172503
361364.04
Position FTE Annual Salary Total
Director 0.5 $57,202.00 $42,901.50
Program Manager 1 $66,563.00 $49,922.25
Compliance 1 $74,883.00 $56,162.25
Office Assistant 1 $41,602.00 $31,201.50
Lead Auditor 2 $104,004.00 $78,003.00
Auditor 4 $191,367.00 $143,525.25
Outreach 4 $183,048.00 $137,286.00
Fiscal Analyst 0.25 $14,561.00 $10,920.75
$549,922.50
$911,286.54
Total
Total
Total Salaries
Positions January 1, 2022 - September 30, 2022
$911,286.54
$81,899.36
$70,836.47
$55,472.32
$9,482.22
$89,104.43
$24,865.57
$18,802.72
$14,448.30
$847,918.95
$620,434.60
$56,302.60
$1,719,809.92
$27,657,721.00
$32,178,385.00
RH Community Builders
Emergency Rental Assistance Program
D-21-103
2550 W. Cliton #142 Fresno,CA 93705
Positions March 1, 2021 - December 31, 2021
Revised Exhibit B