HomeMy WebLinkAboutAgreement A-22-434 Amendment to Agreement with Housing Authority.pdf Agreement No. 22-434
1 AMENDMENT NO. 2 TO SERVICE AGREEMENT
2 This Amendment No. 2 to Service Agreement ("Amendment No. 2") is dated
3 September 20, 2022 and is between Housing Authority of the City of Fresno, a California
4 public benefit nonprofit corporation ("Contractor"), and the County of Fresno, a political
5 subdivision of the State of California ("County").
6 Recitals
7 A. On September 26, 2017, the County and the Contractor entered into an Agreement,
8 which is County agreement number A-17-518 (hereafter, the "Agreement"), for the County's
9 exclusive use of the thirty-two (32) unit apartment complex, formerly known as Plaza Terrace,
10 for emergency housing of child welfare families.
11 B. On July 10, 2018, the County and the Contractor entered into Amendment No. 1 to the
12 Agreement to relocate housing services to a new forty-six (46) unit facility, also known as El
13 Puente and to expand County services to other County clients. Since the change of locations,
14 there has been a need to increase onsite security services due to the layout of the new facility.
15 C. The County continues to have a significant population of homeless and unstably housed
16 families receiving Department assistance in need of temporary housing and support services.
17 Housing is also needed for child welfare families needing safe housing to conduct visitations to
18 reunify with children. The Department of Social Services requires a qualified Contractor with a
19 suitable facility that can provide property management services and onsite security services for
20 this purpose. The County chose to attempt to retain the housing facility due to difficulty in finding
21 other housing placements for Department families given the current housing shortage.
22 D. In June of 2022, the County proposed continuous use of the facility to the Contractor by
23 extending the existing agreement, incorporating additional property management services. The
24 County also needed the additional time to fully redesign the program to expand services without
25 interruption to current services or participants housed in the facility. The Contractor obliged to
26 the County's requests and agreed to extend its current partnership.
27 E. The County and the Contractor now desire to further amend the Agreement to extend
28 the term of the Agreement and to incorporate additional property management services.
1
1 The parties therefore agree as follows:
2 1. That the following text in the Agreement, beginning on Page One (1), Line Seventeen
3 (17)with the number I" and ending on Page One (1), Line Nineteen (19)with the word "herein."
4 as previously amended by Amendment No. 1, beginning on Page One (1), Line Sixteen (16)
5 with the number I" and ending on Page One (1), Line Twenty (20) with the word "herein." be
6 deleted and the following inserted in its place:
7 1. CONTRACTOR'S RESPONSIBILITIES
8 Contractor shall perform all services and fulfill all responsibilities as set forth in Revised
9 Exhibit A-2, attached hereto and by this referenced incorporated herein."
10 2. That the following text in the Agreement, beginning on Page One (1), Line Twenty (20)
11 with the number"2" and ending on Page One (1), Line Twenty-Two (22) with the words "Exhibit
12 A" be deleted and the following inserted in its place:
13 "2. COUNTY'S RESPONSIBILITIES
14 County shall perform all services and fulfill all responsibilities as set forth in Revised Exhibit
15 A-2."
16 3. That the following text in the Agreement, beginning on Page One (1), Line Twenty-Three
17 (23)with the number"Y, through Page Two (2), Line Two (2) with the word "performance.", be
18 deleted and the following inserted in its place:
19 "1 TERM
20 This Agreement is effective on October 1, 2017 and shall terminate on June 30, 2023."
21 4. That the following text in the Agreement, beginning on Page Three (3), Line One (1) with
22 the number"S', though Page Four (4), Line Twenty-Eight (28)with the word "days.", as
23 previously amended by Amendment No. 1, beginning on Page One (1), Line Twenty-One (21),
24 with the number"2" through Page Three (3), Line Three (3) with the words "Revised Exhibit B.",
25 be deleted and the following inserted in its place:
26 "5. COMPENSATION
27 The County agrees to pay, and the Contractor agrees to receive, compensation for the
28 performance of its services under this Agreement as described in Revised Exhibit B-2 to this
2
1 Agreement, titled "Compensation."
2 The maximum compensation payable to the Contractor under this Agreement is Three
3 Million Nine Hundred Thirteen Thousand One Hundred Sixty-Four and No/100 Dollars
4 ($3,913,164). In no event shall the total compensation under this agreement be in excess of:
5 Four Hundred Ninety-Eight Thousand Five Hundred One and No/100 Dollars ($498,501) for
6 the period of October 1, 2017 through September 30, 2018; Six Hundred Seventy-Two
7 Thousand One Hundred Sixty-Two and No/100 Dollars ($672,162) for the period of October
8 1, 2018 through September 30, 2019; Six Hundred Ninety-One Thousand Two Hundred
9 Fifty-Seven and No/100 Dollars ($691,257) for the period of October 1, 2019 through
10 September 30, 2020; Seven Hundred Ten Thousand Nine Hundred Twenty-Four and
11 No/100 Dollars ($710,924) for the period of October 1, 2020 through September 30, 2021;
12 Seven Hundred Thirty-One Thousand One Hundred Eighty-One and No/100 Dollars
13 ($731,181) for the period of October 1, 2021 through September 30, 2022; and Six Hundred
14 Nine Thousand One Hundred Thirty-Nine and No/100 Dollars ($609,139) for the period of
15 October 1, 2022 through June 30, 2023 as set forth in Revised Exhibit B-2."
16 5. That all references in the Agreement, as amended by Amendment No. 1, to "Revised
17 Exhibit A" shall be changed to read "Revised Exhibit A-2."
18 6. That all references in the Agreement as amended by Amendment No. 1 to "Revised
19 Exhibit B" shall be changed to read "Revised Exhibit B-2."
20 7. When both parties have signed this Amendment No. 2, the Agreement, Amendment No.
21 1 and this Amendment No. 2 together constitute the Agreement.
22 8. The Contractor represents and warrants to the County that:
23 a. The Contractor is duly authorized and empowered to sign and perform its obligations
24 under this Amendment.
25 b. The individual signing this Amendment on behalf of the Contractor is duly authorized
26 to do so and his or her signature on this Amendment legally binds the Contractor to
27 the terms of this Amendment.
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1 9. The parties agree that this Amendment may be executed by electronic signature as
2 provided in this section.
3 a. An "electronic signature" means any symbol or process intended by an individual
4 signing this Amendment to represent their signature, including but not limited to (1) a
5 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
6 electronically scanned and transmitted (for example by PDF document) version of an
7 original handwritten signature.
8 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
9 equivalent to a valid original handwritten signature of the person signing this
10 Amendment for all purposes, including but not limited to evidentiary proof in any
11 administrative or judicial proceeding, and (2) has the same force and effect as the
12 valid original handwritten signature of that person.
13 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
14 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
15 2, Title 2.5, beginning with section 1633.1).
16 d. Each party using a digital signature represents that it has undertaken and satisfied
17 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
18 through (5), and agrees that each other party may rely upon that representation.
19 e. This Amendment is not conditioned upon the parties conducting the transactions
20 under it by electronic means and either party may sign this Amendment with an
21 original handwritten signature.
22 10. This Amendment may be signed in counterparts, each of which is an original, and all of
23 which together constitute this Amendment.
24 11. The Agreement as previously amended and as amended by this Amendment No. 2 is
25 ratified and continued. All provisions of the Agreement as previously amended and not
26 amended by this Amendment No. 2 remain in full force and effect.
27
28
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1 The parties are signing this Amendment No. 2 on the date stated in the introductory clause.
2
HOUSING AUTHORITY OF THE CITY OF COUNTY OF FRESNO
3 FRESNO
Tff,,nL Tlo-dj�c.,h, WU&a,. L
5 Brian Pacheco, Chairman of the Board of
Tyrone Roderick Williams, Chief Executive Supervisors of the County of Fresno
6 Officer
Attest:
7 Mailing Address: Bernice E. Seidel
1331 Fulton Street Clerk of the Board of Supervisors
8 Fresno, CA 93721 County of Fresno, State of California
9
By:
10 Deputy
11 For accounting use only:
12 Org No.:56107001
Account No.:7870
13 Fund No.:0001
Subclass No.:10000
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18 SKB/bed
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Revised Exhibit A-2
Page 1 of 3
SUMMARY OF SERVICES
ORGANIZATION: Housing Authority of the City of Fresno
PROGRAM: Emergency Housing (El Puente)
ADDRESS: 1331 Fulton Mall, Fresno, CA 93721
SERVICE LOCATION: 4041 Plaza Drive, Fresno, CA 93702 (Oct. 2017—Sept. 2018)
937 Klette Avenue, Fresno,CA 93706 (Aug. 2018—Jun. 2023)
CONTACT(S): Tyrone Roderick Williams, Chief Executive Officer
Tracy Navarro, Senior Manager of Property Management
CONTRACT PERIOD: October 1, 2017—September 30, 2020
October 1, 2020—September 30, 2021
October 1, 2021—September 30, 2022
October 1, 2022—June 30, 2023
A. Contractor's Responsibilities
Contractor shall:
1. Make available a maximum of forty-six(46)dwelling units at the service locations indicated above
for the provision of temporary housing and related services for families referred by DSS. At the
discretion of DSS, one or more dwelling units may be used as a community room. All dwelling
units used for temporary housing shall be furnished; one unit shall be utilized as a laundry facility.
Contractor shall also make available space at the service locations for DSS use as offices, storage
and maintenance, and other related needs, as necessary.
a. Provide temporary shelter on a twenty-four (24) hour basis to families in need of
temporary housing who are placed by DSS staff.
2. Provide a laundry facility to all residents of the apartment complex at no additional charge to
residents.
3. Ensure each unit includes the following furnishings: one (1) stove, one (1) refrigerator, two (2)
twin beds per bedroom with appropriate mattresses,one(1) dining table with four(4)chairs,one
(1) couch in the living room. For dwellings containing more than two (2) bedrooms, Contractor
shall provide additional chairs as needed.
a. Contractor shall replace stoves, refrigerators, beds, tables, and chairs on an as needed
basis.
b. Contractor shall replace all couches and mattresses as deemed necessary and mutually
agreed upon with County's DSS staff.
Revised Exhibit A-2
Page 3 of 3
c. Contractor shall inspect and assess twice annually the condition of all couches and
mattresses to establish a feasible schedule for replacement. Contractor shall report to
DSS twice annually the inventory and installed replacements of these items.
4. Provide one (1) pot, one (1) frying pan, four (4) dinner places, one (1) twin sheet for every bed,
four(4) towels and two (2) wash clothes for each unit that requests the items or as requested by
the DSS staff on behalf of the resident. For dwellings containing more than (2) bedrooms,
CONTRACTOR shall provide additional items as needed.
a. Contractor shall request the resident return all items prior to their departure.
5. Provide an office assistant on-site for an average of forty (40) hours per week to support the day
to day operations of the facility and work with the DDSS staff located on-site to assist residents
with their housing and ancillary needs.
a. Coordinate monthly unit checks to address pest control issues or identify items that
need fumigation or repair.
b. Conduct move-in inspections.
c. Conduct move-out inspections to determine work needed.
6. Provide maintenance services for an average of forty (40) hours per week, and emergency
maintenance service outside of normal working hours.
7. Provide security service twenty-four (24) hours a day, seven (7) days a week as defined by 1.)
between 9:00 p.m. to 4:00 a.m, security personnel will be onsite; 2.) from 4:00 a.m, to 9:00 p.m.
security will conduct five (5) walk through perimeter checks throughout the day, as mutually
agreed upon by DSS.
a. Changes to security service may be made by mutual agreement with DSS.
8. Provide information to DSS on apartment availability and prorate charges based on unit
availability.
9. Provide routine maintenance checks and services of units to address pest control issues or identify
items that need attention.
10. Attend DSS trainings, as mutually agreed upon with County.
B. County's Responsibilities
County shall:
1. Establish program admittance criteria and length of participant stay.
2. Manage incoming referrals for housing at El Puente.
Revised Exhibit A-2
Page 3 of 3
3. Manage program logs and track participant information.
4. Make unannounced inspections to determine Contractor's performance. Conduct any
housing inspections as required by Department programs.
S. Contractor and DSS may jointly inspect and assess twice annually the condition of all couches
and mattresses and establish a feasible schedule for replacement.
6. Assign County DSS staff to the project as necessary.
Revised Exhibit B-2
Page 1 of 2
Compensation
ORGANIZATION: Housing Authority of the City of Fresno
PROGRAM: Emergency Housing (El Puente)
ADDRESS: 1331 Fulton Mall, Fresno, CA 93721
SERVICE LOCATION: 4041 Plaza Drive, Fresno, CA 93702 (Oct. 2017—Sept. 2018)
937 Klette Avenue, Fresno, CA 93706 (Aug. 2018—June 2023)
CONTACT(S): Tyrone Roderick Williams, Chief Executive Officer
Tracy Navarro, Senior Manager of Property Management
CONTRACT PERIOD: October 1, 2017—September 30, 2020
October 1, 2020—September 30, 2021
October 1, 2021—September 30, 2022
October 1, 2022—June 30, 2023
10/01/2017 *10/01/2018 *10/01/2019 *10/01/2020 *10/01/2021 10/01/2022
Costs to to to to to to Total
9/30/2018 9/30/2019 9/30/2020 9/30/2021 9/30/2022 6/30/2023
Dwelling Units(46 max) $453,037 $625,885 $643,816 $662,285 $681,308 $562,360 $3,628.691
Office Space $6,275 $38,777 $39,941 $41,139 $42,373 $31,779 $200,284
Excessive Damages $7,500 $7,500 $7,500 $7,500 $7,500 $15,000 $529500
Relocation Costs $31,689 n/a n/a n/a n/a n/a $31,689
Total Maximum Costs $498,501 $672,162 $691,257 $710,924 $731,181 $6099139 $3,9139164
Compensation Detail:
The County agrees to pay,and the Contractor agrees to receive compensation for up to a total of 46 dwelling
units and office space, made available by Contractor based upon a set monthly rate as indicated below.
• Oct. 1, 2017—Sep. 30, 2018: Maximum monthly rate for each dwelling unit is $1,098.82. Maximum
monthly rate for office space is$522.91.
• Oct. 1, 2018-Sept. 30, 2019: Maximum monthly rate for each dwelling unit is $1,133.85. Maximum
monthly rate for office space is$3,137.50.
• Oct. 1, 2019-Sept. 30, 2020: Maximum monthly rate for each dwelling unit is $1,167.87. Maximum
monthly rate for office space is$3,328.41.
• Oct. 1, 2020-Sept. 30, 2021: Maximum monthly rate for each dwelling unit is $1,201.00. Maximum
monthly rate for office space is$3,428.25.
• Oct. 1, 2021-Sept. 30, 2022: Maximum monthly rate for each dwelling unit is $1,234.25. Maximum
monthly rate for office space is$3,531.08.
• Oct. 1, 2022-Jun. 30, 2023: Maximum monthly rate for each dwelling unit is $1,358.35. Maximum
monthly rate for office space is$3,531.00.
The County agrees to pay Contractor for actual costs incurred and evidenced by Contractor to repair excessive
damages (damages beyond normal wear and tear)to dwelling units. All excessive damages costs must be
agreed upon by the DSS Director or designee. In no event shall County payment for repairs of excessive
Revised Exhibit B-2
Page 2 of 2
damages exceed $7,500 for the terms of: Oct. 1, 2017-Sept. 30, 2018, Oct. 1, 2018-Sept. 30, 2019, Oct. 1,
2019-Sept. 30, 2020, Oct. 1, 2020-Sept. 30, 2021 and Oct. 1, 2021-Sept. 30, 2022. In no event shall County
payment for repairs of excessive damages exceed$15,000 for the term of Oct. 1, 2022-June 30, 2023.
The County agrees to pay Contractor for relocation costs for July through September 2018.The monthly rate is
$10,563.00 for actual relocation costs as deemed necessary by DSS, which includes monthly costs for
temporary office support ($4,330), added security($5,815), and linen services for family visitation units ($418).
The cumulative total of relocation costs for the three months specified shall not exceed $31,689.
*For budget years Oct. 1, 2018-Sept. 30, 2019, Oct. 1, 2019-Sept. 30, 2020, Oct. 1, 2020-Sept. 30, 2021 and
Oct. 1, 2021-Sept. 30, 2022, a maximum 3% monthly unit rate increase (indicated on table) is included.The
actual increase may be lower.The Contractor is required to provide justification of actual increased costs
annually at least sixty(60) days prior to the end of each twelve-month period to support the increase in
monthly unit rate.The DSS Director or designee has authority to approve such rate and the rate change shall
became part of this agreement. Annual increases shall not be more than 3%of the previous twelve-month
period approved unit rate. Costs associated with annual increases shall include: payroll, administrative
expenses, utilities, maintenance and operations,taxes and insurance.Also included in the unit rate are fixed
costs that do no increase year to year.
The County shall only pay for the units that are available for occupancy. If a unit is uninhabitable or unavailable
for occupancy for more than ten (10) business days,the County shall not be responsible for payment of the
units on the eleventh day until the unit becomes available for occupancy.The rent for that unit shall then be
prorated by the number of days, after the first ten (10) business days,that the unit is available for the month.
The County shall also be responsible for dedicated space to be utilized as office space by DSS staff, storage,
maintenance, and other related uses as mutually agreed upon by both Contractor and County.