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HomeMy WebLinkAboutAgreement A-22-105 with Poverello.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 AMENDMENT II TO AGREEMENT THIS AMENDMENT II TO AGREEMENT (hereinafter “Amendment”) is made and entered into this __ day of ______, 2022, by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as “COUNTY,” and Poverello House, a California Non-Profit Corporation, whose address is 412 F Street, Fresno, CA 93706, hereinafter referred to as “SUBRECIPIENT.” W I T N E S S E T H: WHEREAS, COUNTY is the Administrative Entity for Homeless Emergency Aid Program (HEAP) grant funds awarded to the Fresno Madera Continuum of Care (FMCoC) by the California Business Consumer Services and Housing (BCSH) Agency, as authorized by SB (Chapter 48, Statutes of 2018); and WHEREAS, COUNTY is the Administrative Entity for the Homeless Housing, Assistance and Prevention (HHAP) grant funds awarded to the FMCoC by the BCSH Agency, as authorized by AB 101; and WHEREAS, COUNTY, for itself, was awarded HHAP grant funds by the BCSH Agency; and WHEREAS, COUNTY, for itself, was awarded Emergency Solutions Grants Program- Coronavirus (ESG-CV) funds, authorized by the Coronavirus Aid, Relief, and Economic Stimulus (CARES) Act, Title XII, Homeless Assistance Grants Section, by the U.S. Department of Housing and Urban Development (HUD) to administer and implement ESG-CV in accordance with the provisions of 24 CFR Part 576 (as now in effect and as may be amended from time to time); and WHEREAS, COUNTY and the FMCoC received additional HHAP grant funds awarded by the BCSH Agency; and WHEREAS, COUNTY issued Request for Proposal (RFP) No. 19-053 for triage center emergency shelter services within the County of Fresno and County of Madera; and WHEREAS, SUBRECIPIENT responded to said RFP and was selected to provide services in accordance with the RFP and SUBRECIPIENT’S submitted response; and WHEREAS, the parties entered into that certain Agreement, identified as COUNTY Agreement No. 19-256, effective June 4, 2019, and Amendment I, identified as COUNTY Agreement No. 19-256-1, effective November 1, 2020, hereinafter referred to collectively as Agreement No. 19-256 for triage center emergency shelter services; and 22 March Agreement No. 22-105 -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 WHEREAS, the COUNTY continues to have a significant need for triage center emergency shelter services, and the parties now desire to amend Agreement No. 19-256 regarding changes as stated below. NOW THEREFORE, in consideration of the mutual covenants, terms, and conditions herein contained, the parties hereto agree as follows: 1.That the existing County Agreement No. 19-256, Page one (1), line eighteen (18), beginning with the number “1” and ending on page two (2), line twenty-eight (28) with the word “DSS,” be deleted and the following inserted into its place: “1. OBLIGATIONS A.SUBRECIPIENT shall perform all services set forth in Revised Exhibit A-2, Summary of Services, attached hereto and by this reference incorporated herein. B.SUBRECIPIENT shall provide services pursuant to the staffing pattern and program expense detailed in Revised Exhibit B-2, Budget, attached hereto and by this reference incorporated herein. C.SUBRECIPIENT shall maintain membership in the FMCoC and participate in Coordinated Entry throughout the term of this Agreement, as described in Revised Exhibit A-2. If, for any reason, this status is not maintained, the COUNTY may terminate this Agreement pursuant to Section Three (3) of this Agreement. D.COUNTY, as the Administrative Entity for HEAP funds awarded to FMCoC, has entered into an agreement with the State of California for HEAP funding (Agreement No. 18-HEAP-0027), a copy of which is attached hereto as Exhibit C and is incorporated herein by this reference. Services provided by SUBRECIPIENT under this Agreement shall be funded in part with HEAP funding and, therefore, SUBRECIPIENT shall be aware of, agree to, and comply with all State requirements governing the use of HEAP funds; and all conditions in Exhibit C. Failure to comply with these requirements and conditions may result in termination of this Agreement pursuant to Section Three (3) of this Agreement. E.COUNTY has entered into two agreements, for HHAP grant funds awarded to COUNTY, with the State of California for HHAP funding (Agreement No. 20-HHAP-00096 and No. 21- HHAP-00063), copies of which are attached hereto as Exhibit D and Revised Exhibit F and are incorporated herein by this reference. Services provided by SUBRECIPIENT under this Agreement shall be -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 funded in part with HHAP funding allocated to the COUNTY and, therefore, SUBRECIPIENT shall be aware of, agree to, and comply with all State requirements governing the use of HHAP funds; and all conditions in Exhibit D and Revised Exhibit F. Failure to comply with these requirements and conditions may result in termination of this Agreement pursuant to Section Three (3) of this Agreement. F. COUNTY, as the Administrative Entity for HHAP grant funds awarded to FMCoC, has entered into two agreements with the State of California for HHAP funding (Agreement No. 20-HHAP- 00097 and No. 21-HHAP-00064), copies of which are attached hereto as Exhibit E and Exhibit G and are incorporated herein by this reference. Services provided by SUBRECIPIENT under this Agreement shall be funded with HHAP funding and, therefore, SUBRECIPIENT shall be aware of, agree to, and comply with all State requirements governing the se of HHAP funds; and all conditions in Exhibit E and Exhibit G. Failure to comply with these requirements and conditions may result in termination of this Agreement pursuant to Section Three (3) of this Agreement.” 2. That the exiting COUNTY Agreement No. 19-256, Page three (3), beginning on line one (1) with the number “2” and ending on page three (3), line two (2) with the words “March 31, 2022”, be deleted and the following inserted into its place: “2. TERM This Agreement shall be effective on the 4th day of June 2019 through and including March 31, 2023.” 3.That the existing County Agreement No. 19-256, Page three (3), Section four (4) beginning with Line twenty-four (24), with the number “4” and ending on Page four (4), Line twenty-one (21) with the word “days,” be deleted and the following inserted in its place: “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 Revised Exhibit B-2, Budget Summary. Mandated travel shall be reimbursed based on actual expenditures and mileage reimbursement shall be at SUBRECIPIENT’s adopted rate per mile, not to exceed the IRS published rate. In no event shall the cumulative total of this Agreement exceed One Million, Four Hundred -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 Forty-Two Thousand, Seven Hundred Thirty-Eight and No/100 Dollars ($1,442,738). For the period of June 04, 2019, through May 31, 2021, in no event shall the services performed under this Agreement exceed Five Hundred Thirty-Six Thousand, Five Hundred Ninety-Three and No/100 Dollars ($536,593). For the period of June 01, 2021, through March 31, 2022, in no event shall actual services performed under this Agreement be in excess of Three Hundred Sixty-Nine Thousand, Sixty-Five and No/100 Dollars ($369,065). For the period of April 01, 2022, through March 31, 2023, in no event shall actual services performed under this Agreement be in excess of Five Hundred Thirty-Seven Thousand, Eighty and No/ 100 Dollars ($537,080). Payments by COUNTY shall be in arrears, for services provided during the preceding month, within forty-five days after receipt, verification, and approval of SUBRECPIENT’s invoices by COUNTY. 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 or the Federal government, COUNTY may defer 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.” 4. That the existing County Agreement No. 19-256, Page nine (9), Section twelve (12), beginning with line thirteen (13), with the number “12” and ending on Page nine (9), Line eighteen (18) with the word “regulations,” be deleted and the following inserted in its place: “12. NON-DISCRIMINATION During the performance of this Agreement, SUBRECIPIENT and its officers, employees, agents and subcontractors shall not unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any employee or application for employment, or recipient of services under this -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 Agreement, 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. A. Domestic Partners and Gender Identity For State fund-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 shall comply with the American 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. SUBRECIPIENT shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.” 5. That the exiting County Agreement No. 19-256, Page ten (10), Section sixteen (16), beginning with Line Twenty-Seven (27), with the number “16” and ending on Page eleven (11), Line nineteen (19) with the URL address https://www.sam.gov/SAM/., be deleted and the following inserted in its place: “16. CERTIFICATION REGARDING DEBAREMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS A. COUNTY and SUBRECIPIENT recognize that SUBRECIPIENT is a recipient of Federal and State assistance funds under the terms of this Agreement. By signing this Agreement, SUBRECIPIENT agrees to comply with applicable Federal suspension and debarment regulations, including but not limited to: 7CFR 2016.35, 29 CFR 97.35, 45 CFR 92.35, and Executive Order 12549. By signing this Agreement, SUBRECIPIENT attests to the best of its knowledge and belief, that it and its principals: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 2) Shall not knowingly enter into any lower tier covered transaction with an -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 entity or person who is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. B. SUBRECIPIENT shall provide immediate written notice to COUNTY if at any time during the term of this Agreement SUBRECIPIENT learns that the representations it makes above were erroneous when made or have become erroneous by reason of changed circumstances. C. SUBRECIPIENT shall include a clause titled “Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Lower Tier Covered Transactions” and similar in nature to this Paragraph Sixteen (16) in all lower tier covered transactions and in all solicitations for lower tier covered transactions. D. SUBRECIPIENT shall, prior to soliciting or purchasing goods and services in excess of $25,000 funded by this Agreement, review and retain the proposed vendor’s suspension and debarment status at https://sam.gov/SAM/. E. The certification in Paragraph Sixteen (16) of this Agreement is a material representation of fact upon which COUNTY relied in entering into this Agreement.” 6. That the following Section is being added to existing County Agreement No. 19-256, beginning on Page Thirteen (13), Line Five (5), just prior to Section Twenty (20) (INDEPENDENT AUDIT): “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 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 -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 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.” 7. That Sections Twenty (20) (INDEPENDENT AUDIT) through Thirty-Two (32) (SEVERABILITY) of the existing County Agreement No. 19-256, beginning on Page Thirteen (13), Line Five (5) with the number “20” and ending on Page Seventeen (17), Line Eighteen (18) with the word “provisions.” shall be re-numbered sequentially to read as Section Twenty-One (21) to Section Thirty- Three (33). 8. That the following sections are being added to existing County Agreement No. 19-256, -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 beginning on Page Seventeen (17), Line Nineteen (19), just prior to Section Thirty-Three (Entire Agreement), as Sections Thirty-Four (34), Thirty-Five (35), Thirty-Six (36), Thirty-Seven (37), Thirty- Eight (38), Thirty-Nine (39), Forty (40), Forty-One (41), Forty-Two (42), Forty-Three (43), and Forty-Four (44): “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. 35. 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 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. SUBRECIPIENT 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. 36. ESG ELIGIBILITY AND REPORTING REQUIREMENTS A. SUBRECIPIENT is required to utilize the FMCoC Coordinated Entry System for all clients served under ESG. 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 -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 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 HUD definition of homeless and must be documented. (2)The household 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 Madera at re-evaluation as referenced in Exhibit H, 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 for Fresno at 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 COUNTY. D.SUBRECIPIENT is expected to meet all other ESG requirements as described in 24 CFR Part 576. 37.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 or a comparable database if SUBRECIPIENT is a domestic violence provider. In the latter instance, all references to HMIS shall be understood to refer to a comparable database. 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 -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 (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 (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. 38.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. 39.PROGRAM FRAUD AND FALSE OR FRADULENT 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. /// /// -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 40. 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. 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 requirements 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 -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 in whole or in part to this Agreement shall be clearly identified and readily accessible. 41.CHILD SUPPORT COMPLIANCE ACT If this Agreement includes State funding in excess of $100,000, the 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. 42.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 112000 in accordance with Public Contract Code Section 10353. 43.SUBRECIPIENT’S NAME CHANGE An amendment, assignment, or new agreement 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 agreement. Payment of invoices presented with a new name cannot be paid prior to approval of said agreement. 44.ELECTRONIC SIGNATURE The parties agree 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 -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 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.” 9.That Section Thirty-Three (33) (ENTIRE AGREEMENT) of the existing County Agreement No. 19-256, beginning with Page Seventeen (17), Line Nineteen (19), with the number “33” and ending on Page Seventeen (17), Line Twenty-Three (23) with the word “Agreement,” shall remain as the last section of the agreement and be renumbered sequentially to read as Section Forty-Five (45) of the amended Agreement. 10. That all references in existing COUNTY Agreement No. 19-256 to Revised Exhibit A shall be changed to read “Revised Exhibit A-2,” which is attached hereto and incorporated herein by this reference. 11.That all references in existing COUNTY Agreement No. 19-256 to Revised Exhibit B shall be changed to read “Revised Exhibit B-2,” which is attached hereto and incorporated herein by this reference. 12.That all references in existing COUNTY Agreement No. 19-256 to Exhibit F (Self-Dealing Transaction Disclosure Form) shall be changed to read “Exhibit I,” which is attached hereto and incorporated herein by this reference. 13.That all references in existing COUNTY Agreement No. 19-256 to Exhibit F shall be changed to read “Revised Exhibit F,” which is attached hereto and incorporated herein by this reference. 14.ELECTRONIC SIGNATURE: The parties agree that this Amendment may be executed by electronic signature as provided in this section. An “electronic signature” means any symbol or -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 process intended by an individual signing this Amendment 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 Amendment (1) is deemed equivalent to a valid original handwritten signature of the person signing this Amendment 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 Amendment is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Amendment conducting the transaction under it by electronic means and either party may sign this Amendment with an original handwritten signature. COUNTY and SUBRECIPIENT agree that this Amendment is sufficient to amend Agreement No. 19-256 and, that upon execution of this Amendment II, the Agreement, Amendment I, and this Amendment II shall together be considered the Agreement. This 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 II shall become effective upon execution on the day first written hereinabove. /// /// /// /// /// /// /// 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment II t o Agreement as of 2 the day and year first herelnabove written . 3 4 5 6 7 8 9 10 11 12 13 14 15 Malli ng Address: 16 412 F Street, Fresno, CA 93706 Phone No: (559) 498-6988 17 Contact: Chief Program Offi cer 18 19 20 21 22 23 24 25 26 27 28 FOR ACCOUNT ING U SE ONLY: Fund/Subclass: 0001I10000 ORG No.: 56107114 Account No.: 7870 MIA:sgv By : CO {T[ FRESNO Brian Pacheco, Chairman of the Board of Supervisors of th e County of Fresno ATTEST: Bernice E. Seidel Clerk of the Board of Superviso rs County of Fresno , State of Ca lffornl a Dep uty -15 - Revised Exhibit A-2 Page 1 of 5 SUMMARY OF SERVICES ORGANIZATION: Poverello House ADDRESS: 412 F Street, Fresno, CA 93706 SERVICE ADDRESS: 412 F Street, Fresno, CA 93706 TELEPHONE: (559) 498-6988 CONTACT: Sara Mirhadi, Chief Programs Officer EMAIL: mirhadi@poverellohouse.org CONTRACT: Triage Center Emergency Shelter Services CONTRACT TERM: June 4, 2019 through May 31, 2021 June 1, 2021 through March 31, 2022 April 1, 2022 through March 31, 2023 SUMMARY OF SERVICES Poverello House shall provide Triage Center Emergency Shelter services, including 24-hour emergency shelter that offers low-barrier access to dormitory or private accommodations with on-site, housing-focused services including Diversion pre-screening, case management, housing search and placement, connection to community resources, and stabilization of health issues. From June 4, 2019 through March 31, 2022, Poverello House will provide ten (10) emergency shelter beds for homeless women in metro Fresno. Beginning April 1, 2022, Poverello House will provide thirty-four (34) emergency shelter beds for homeless women in metro Fresno. The Triage Center is intended to provide a safe, supportive environment where residents will be provided with wraparound services to attain permanent housing by rebuilding their support network and addressing the issues that led to the episode of homelessness. Poverello House shall provide supplemental navigation staff to augment program services and capacity in support of the Multi-Agency Access Program (MAP) Point services at the main MAP site located at 412 F Street, Fresno, CA 93706. MAP Point Navigation services provided by Poverello House will be provided in alignment with the existing MAP Point program, and will include client screenings to determine needs, assistance in obtaining documents, linking clients to appropriate services based on the initial screening, collaborating with other service providers to monitor client success, maintaining agency relationships, employing evidence based practices in screening and serving clients, and utilizing the standardized MAP Point Community Screening Tool. Poverello House shall provide case management services to homeless individuals and families residing at the temporary emergency shelters established to respond to the COVID-19 pandemic in order to connect them with permanent housing and other community resources. Services will include assisting homeless clients in obtaining documents needed for housing; locating and obtaining an appropriate permanent housing placement; helping clients access necessary social, health care, and employment services; and aid them in overcoming obstacles Revised Exhibit A-2 Page 2 of 5 to achieve housing stability. At minimum, services will be provided at the following COVID-19 emergency shelter locations: 2445 W. Whitesbridge Ave., Fresno, CA 93706 2550 W. Clinton Ave., Fresno, CA 93705 412 F Street, Fresno, CA 93706 STAFFING Triage Emergency Shelter and Navigation staffing provided by Poverello must meet the minimum staffing levels outlined in the Budget Summary (Exhibit B) of this agreement. Case Manager and Intake Specialist staffing levels may be adjusted beyond the minimum requirement to meet client needs provided those adjustments are approved by the County and supported by the available budget. Case Managers: Case Managers will be responsible for creating a supportive service and housing plan for every client, linking clients to supportive services, and implementing the established housing plan. Case Managers will also assist clients in collecting basic documentation such as birth certificates, identification cards and social security cards. At least one Case Manager position will be dedicated to serving Triage Center emergency shelter participants. Two Case Manager positions will be dedicated to serving the homeless population residing at COVID-19 emergency shelters. If there is an insufficient population at the COVID-19 emergency shelters to sustain a full caseload or upon completion of the COVID-19 emergency shelters, the target population may be expanded to other households experiencing homelessness, at the discretion of the County, under documented circumstances. Intake Specialists: Intake Specialists will prescreen all those presenting at the Triage Center. During the initial screening process the Intake Specialist will practice diversion. Once diversion is exhausted or inappropriate, the Intake Specialist will link the client to the Triage Center emergency shelter services. If shelter is unavailable at the Poverello House Triage Center, the client will be linked to available shelter elsewhere. Intake Specialists will also address emergency needs such as mental health or medical needs. MAP Point Navigator: The Navigator will administer the Community Screening Tool and/or VI- SPDAT to the client and facilitate linkages to indicated services and faith-based supports. The Navigator will work collaboratively with other service components and programs in the MAP system. The Navigator will be knowledgeable of cultural sensitivity/competency and well versed in community resources. The Navigator will be responsible for case management to ensure proper linkages occur. Navigators are required to have a bachelor’s degree in a related field. Triage Center Coordinator: The Triage Center Coordinator is responsible for direct client support with people who are experiencing homelessness in an emergency shelter. The Triage Coordinator will be responsible for implementing triage type services, maintaining and regulating the facility as well as ensuring a safe and healthy environment. Revised Exhibit A-2 Page 3 of 5 Triage Center Manager: The Triage Center Manager is responsible for the overall operation of the Triage Center. The Triage Center Manager will directly supervise case managers and intake specialists, create schedules, and provide additional coverage if necessary. The Triage Center Manager will set goals for the Triage Center program and staff and will ensure that those goals are met. Chief Programs Officer: The Chief Programs Officer will provide programmatic and financial oversight for all Triage Center services. TARGET POPULATION The target population of Triage Center Emergency Shelter services is women who are experiencing homelessness or are at imminent risk of homelessness, as defined by 24 CFR 576.2, in Fresno and Madera Counties. The target population of Access Site services provided at the Triage Emergency Shelter is individuals experiencing, or at risk of, homelessness. Income shall be verified and documented through a defined process as appropriation. TRIAGE CENTER EMERGENCY SHELTER SERVICES 1. Emergency Shelter: Operate emergency shelter beds for women experiencing homelessness in Fresno and Madera Counties. Basic shelter services provided will include meals. The maximum length of stay will be 90 days, subject to exceptions for documented situations. 2. Case Management: Provide intensive case management services that focus on helping participants develop a housing plan and overcome barriers to attaining permanent housing. Participants that have been connected to a permanent housing intervention may be referred to a Bridge Housing program while the permanent housing unit becomes available. Once a participant has been placed in a Bridge Housing program or has exited to a Rapid Rehousing program with case management services, responsibility for navigation and case management for the participant will be assumed by the new program. If placed in a Bridge Housing program with no case management, the participant should be connected with Navigation services or other housing support services. 3. Housing Search and Placement: Provide services and activities necessary to assist program participants in locating, obtaining, and retaining safe permanent housing. 4. Prescreen all those presenting at the Triage Center. During the initial screening process the intake specialist will practice diversion. If a good candidate for diversion, refer immediately to diversion program. Once diversion is exhausted or determined inappropriate, link the client to the Triage Center emergency shelter services. If shelter is unavailable at the Poverello House Triage Center, link the client to available shelter elsewhere. 5. Stabilizing Heath Intervention: Provide services for stabilization of participant health issues, including substance use and mental health disorders. Guests will have access to on-site medical, dental, and mental health services. MAP POINT NAVIGATION SERVICES 1. Navigation: Services will include the Community Screening Tool and/or VI-SPDAT to the client, assistance in obtaining housing documents, linkages to mainstream services and Revised Exhibit A-2 Page 4 of 5 community resources. Navigation services will be provided at the main MAP site at Poverello House. COVID-19 HOMELESS RESPONSE SERVICES 1. Case Management: Provide individualized client support by helping clients develop a housing plan and overcome any barriers faced in the housing process, based on their specific situation and needs. Services will also include assisting clients in securing all documents and services needed to obtain housing, such as identification, disability/income verification, and any other documentation needed. 2. Housing Search and Placement: Provide services and activities necessary to assist program participants in locating, obtaining, and retaining safe permanent housing. SUBRECIPIENT RESPONSIBILITIES • Poverello House shall provide annual Civil Rights training to their staff in the beginning of every calendar year and will provide relevant proof to the County of Fresno by April 1. • All services provided must be in compliance or otherwise aligned with the core components of Housing First, pursuant to California Welfare and Institutions Code section 8255, subdivision (b). • Adhere to all ESG Regulations including but not limited to 24 CFR 576 and CCR Title 25, Division 1, Chapter 7, Subchapter 20. • Adhere to a low-barrier shelter policy. Shelter beds must be open to all who desire the service regardless of sexual orientation or marital status. Guests must be allowed to enter shelter with their partners, possessions, and pets. • Allow for 24-hour guest access and not exclude people because of intoxication or mental illness. • Register all guests and require their agreement to services provided by the Triage Center. • Accept self-referrals, FMCoC CES referrals and, where appropriate, law enforcement referrals. • The Triage Center will be a Coordinated Entry assessment site, that conducts homeless services pre-screening using the Vulnerability Index – Service Prioritization Decision Assistance Tool (VI-SPDAT). • The Triage Center will be a Coordinated Entry Access Site that conducts homeless services pre-screenings and will complete the Data Collection Form when a household presents with a housing crisis and is open to services, to help determine if the household can be diverted from entering the homeless response system by utilizing mainstream resources. The Triage Center Access site will make referrals to mainstream services and assist in navigating services to the extent possible. • In the event the number of referrals exceeds the number of available beds, Poverello House will prioritize referrals by length of homelessness, acuity of needs, and other factors, as reflected on the FMCoC By-Name list. • The Triage Center must be staffed 24 hours a day, 7 days a week. • Provide on-site office space for Diversion program staff. Revised Exhibit A-2 Page 5 of 5 • Enter guest information into the Homeless Management Information System (HMIS) in compliance with HUD data collection, management, and reporting standards. Client HMIS data must be made available for the California Business, Consumer Services and Housing Agency statewide data system or warehouse. • Adhere to a “Good Neighbor” policy, whereby Poverello House will secure and maintain the perimeter of the Triage Center facility, keeping clear of any nuisances and code violations. PERFORMANCE OUTCOMES Poverello House shall 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. Poverello House shall meet the following outcomes: • From June 4, 2019 through May 31, 2021, provide Triage Center emergency shelter services to a minimum of 182 unique and duplicated participants. • From June 1, 2021 through March 31, 2022, provide Triage Center emergency shelter services to a minimum of 68 unique and duplicated participants. • From April 1, 2022 through March 31, 2023, provide Triage Center emergency shelter services to a minimum of 91 unique and duplicated participants. • A minimum of 100% bed utilization as measured by HMIS. • A minimum of 89% of participants will be connected to a safe exit from the program, meaning one of the following destinations: rental with or without subsidy, permanent shared-living arrangement with family or friends, Bridge Housing or other emergency housing programs, drug treatment facility, or psychiatric treatment facility. • 35% of participants will transition to permanent housing. • 50% of participants will transition to Bridge Housing. • 75% of participants will attain a safe exit from the program within 90 days. • Provide homeless services assessment and Diversion pre-screening to a minimum of 724 individuals presenting at the Triage Center annually. • 90% of individuals presenting at the Triage Center will be linked to community supportive services. • 10% of individuals presenting at the Triage Center will be successfully diverted to appropriate permanent housing, avoiding entering shelter. Revised Exhibit B-2 Page 1 of 3 BUDGET SUMMARY ORGANIZATION: Poverello House SERVICES: Triage Center Emergency Shelter Program CONTRACT TERM: June 4, 2019 to May 31, 2021 CONTRACT AMOUNT: $536,593 Budget Categories Amount Personnel Salaries 0.10 FTE Chief Programs Officer 0.24 FTE Triage Manager 3 FTE Case Managers 1 FTE MAP Point Navigator 3.55 FTE Intake Specialists Payroll Taxes Benefits Subtotal $415,422 Services & Supplies Client Meals Client Personal Supplies Shelter Furniture Insurance Communication Office Expenses Equipment IT Services Travel Costs Program Supplies Fiscal & Audits Training Subtotal $73,688 Facility Costs Rent Utilities Maintenance Security Landscaping Minor Facility Improvements Subtotal $15,262 Indirect Costs Indirect Costs Subtotal $32,221 Total $536,593 Revised Exhibit B-2 Page 2 of 3 BUDGET SUMMARY ORGANIZATION: Poverello House SERVICES: Triage Center Emergency Shelter Program CONTRACT TERM: June 1, 2021 to March 31, 2022 CONTRACT AMOUNT: $369,065 Budget Categories Amount Personnel Salaries 0.10 FTE Chief Programs Officer 0.24 FTE Triage Manager 3 FTE Case Managers 1 FTE MAP Point Navigator 3.55 FTE Intake Specialists Payroll Taxes Benefits Subtotal $285,480 Services & Supplies Client Meals Client Personal Supplies Shelter Furniture Insurance Communication Office Expenses Equipment IT Services Travel Costs Program Supplies Fiscal & Audits Training Subtotal $43,858 Facility Costs Rent Utilities Maintenance Security Landscaping Minor Facility Improvements Subtotal $13,102 Indirect Costs Indirect Costs Subtotal $26,625 Total $369,065 Revised Exhibit B-2 Page 3 of 3 BUDGET SUMMARY ORGANIZATION: Poverello House SERVICES: Triage Center Emergency Shelter Program CONTRACT TERM: April 1, 2022 to March 31, 2023 CONTRACT AMOUNT: $537,080 Budget Categories Amount Personnel Salaries 0.40 FTE Triage Coordinator 3 FTE Case Managers 1 FTE MAP Point Navigator 5 FTE Intake Specialists Payroll Taxes Benefits Subtotal $434,837 Services & Supplies Insurance Client Personal Supplies Communication Office Expenses Equipment Travel Costs Program Supplies Fiscal & Audits Subtotal $45,883 Facility Costs Utilities Maintenance Security Minor Facility Improvements Subtotal $7,560 Indirect Costs Indirect Costs Subtotal $48,800 Total $537,080 Revised Exhibit F Page 1 of 25 Revised Exhibit F Page 2 of 25 Revised Exhibit F Page 3 of 25 Revised Exhibit F Page 4 of 25 Revised Exhibit F Page 5 of 25 Revised Exhibit F Page 6 of 25 Revised Exhibit F Page 7 of 25 Revised Exhibit F Page 8 of 25 Revised Exhibit F Page 9 of 25 Revised Exhibit F Page 10 of 25 Revised Exhibit F Page 11 of 25 Revised Exhibit F Page 12 of 25 Revised Exhibit F Page 13 of 25 Revised Exhibit F Page 14 of 25 Revised Exhibit F Page 15 of 25 Revised Exhibit F Page 16 of 25 Revised Exhibit F Page 17 of 25 Revised Exhibit F Page 18 of 25 Revised Exhibit F Page 19 of 25 Revised Exhibit F Page 20 of 25 Revised Exhibit F Page 21 of 25 Revised Exhibit F Page 22 of 25 Revised Exhibit F Page 23 of 25 Revised Exhibit F Page 24 of 25 Revised Exhibit F Page 25 of 25 Exhibit G Page 1 of 25 Exhibit G Page 2 of 25 Exhibit G Page 3 of 25 Exhibit G Page 4 of 25 Exhibit G Page 5 of 25 Exhibit G Page 6 of 25 Exhibit G Page 7 of 25 Exhibit G Page 8 of 25 Exhibit G Page 9 of 25 Exhibit G Page 10 of 25 Exhibit G Page 11 of 25 Exhibit G Page 12 of 25 Exhibit G Page 13 of 25 Exhibit G Page 14 of 25 Exhibit G Page 15 of 25 Exhibit G Page 16 of 25 Exhibit G Page 17 of 25 Exhibit G Page 18 of 25 Exhibit G Page 19 of 25 Exhibit G Page 20 of 25 Exhibit G Page 21 of 25 Exhibit G Page 22 of 25 Exhibit G Page 23 of 25 Exhibit G Page 24 of 25 Exhibit G Page 25 of 25 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. April 2019. ESG Income Limits. Retrieved from http://www.hudexchange.info/resource/5079/esg-income-limits/ Exhibit H Page 1 of 1 Exhibit I 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 I Page 2 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: