HomeMy WebLinkAboutAgreement A-22-437 Amendment to Agreement with RH Community Builders.pdf Agreement No. 22-437
1 AMENDMENT No. 2 TO AGREEMENT
2 THIS AMENDMENT TO AGREEMENT, hereinafter referred to as Amendment No. 2, is made
3 and entered into this 20t" day of September , 2022, by and between the COUNTY
4 OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as "COUNTY,"
5 and RH COMMUNITY BUILDERS, a California Limited Partnership, whose address is 331 Shields
6 Avenue, Fresno, CA 93705, hereinafter referred to as "SUBRECIPIENT."
7 WITNESSETH:
8 WHEREAS, the parties entered into that certain Agreement, identified as COUNTY
9 Departmental Agreement No. 21-103, effective April 5, 2021; and COUNTY's Amendment No. 1,
10 identified as COUNTY Agreement No. 21-555, effective December 14, 2021; hereinafter referred to
11 collectively as Agreement No. 21-103 to provide rental assistance to individuals who have been
12 financially impacted by the COVID-19 pandemic utilizing funds allocated to COUNTY by the United
13 States Department of the Treasury (US Treasury) and the California Department of Housing and
14 Community Development; and
15 WHEREAS, the COUNTY has received an additional allocation of funds through the US
16 Treasury to continue and expand rental assistance through the Emergency Rental Assistance
17 program; and
18 WHEREAS, the COUNTY continues to have a significant population of households in need of
19 rental assistance; and
20 WHEREAS, the parties desire to amend the Agreement regarding changes as stated below.
21 The parties therefore agree as follows:
22 1) That the existing COUNTY Agreement No. 21-103, Page One (1), Section One (1)
23 beginning with Line Twenty (20) with the number "1" and ending on Page One (1), Line Twenty-Two
24 (22) with the word "herein," be deleted and the following inserted in its place:
25 "1. OBLIGATIONS
26 a) SUBRECIPIENT shall perform all services set forth in Exhibit A, between March
27 1, 2021 and September 30, 2022.
28 b) SUBRECIPIENT shall perform all services set forth in Revised Exhibit A,
1 - COUNTY OF FRESNO
Fresno,CA
1 between March 1, 2021 and September 30, 2022.
2 c) SUBRECIPIENT shall perform all services set forth in Revised Exhibit A-1,
3 between October 1, 2022 and September 30, 2024."
4 2) That the existing COUNTY Agreement No. 21-103, Page One (1), Section Two (2)
5 beginning with Line Twenty-Four (24), with the word "The" and ending on Page One (1), Line Twenty-
6 Five (25) with the number"2021," as previously modified by Amendment No. 1 beginning with Page
7 One (1), Line Sixteen (16) with the number "1" and ending on Page One (1), Line Twenty (20) with
8 the number "2022," be deleted and the following inserted in its place:
9 "The term of this Agreement shall be March 1, 2021, through and including September 30,
10 2024."
11 3) That the existing COUNTY Agreement No. 21-103, Page Two (2), Section Four (4)
12 beginning with Line Twenty-One (21), with the word "For" and ending on Page One (1), Line Twenty-
13 Four (24) with the word "SUBRECIPIENT," be deleted and the following inserted in its place:
14 "COUNTY agrees to pay, and the SUBRECIPIENT agrees to receive, compensation for the
15 performance of its services under this Agreement as described in Revised Exhibit B-1 to this
16 Agreement. For the period of March 1, 2021 to September 30, 2022, in no event shall services
17 performed under this Agreement be in excess of Thirty-Two Million One Hundred Seventy-Eight
18 Thousand Three Hundred Eighty-Five and 00/100 Dollars ($32,178,385). For the period of October 1,
19 2022 to September 30, 2024, in no event shall services performed under this Agreement be in excess
20 of Four Million Nine Hundred Eighty-Nine Thousand Five Hundred Thirteen and 00/100 Dollars
21 ($4,989,513). The cumulative total of this Agreement shall not be in excess of Thirty-Seven Million
22 One Hundred Sixty-Seven Thousand Eight Hundred Ninety-Eight and 00/100 Dollars ($37,167,898).
23 It is understood that all expenses incidental to SUBRECIPIENT'S performance of services under this
24 Agreement shall be borne by SUBRECIPIENT."
25 4) That all references in existing COUNTY Agreement No. 21-103 to Revised Exhibit B
26 shall be changed to read "Revised Exhibit B-1", which is attached hereto and incorporated herein by
27 this reference.
28 5) When both parties have signed this Amendment No. 2, the Agreement, Amendment No.
— 2 — COUNTY OF FRESNO
Fresno,CA
1 1, and this Amendment No. 2 together constitute the Agreement.
2 6) SUBRECIPIENT represents and warrants to COUNTY that:
3 a) SUBRECIPIENT is duly authorized and empowered to sign and perform its
4 obligations under this Amendment No. 2.
5 b) The individual signing this Amendment No. 2 on behalf of the SUBRECIPIENT
6 is duly authorized to do so and their signature on this Amendment No. 2 legally binds
7 SUBRECIPIENT to the terms of this Amendment No. 2.
8 7) The parties agree that this Amendment may be executed by electronic signature as
9 provided in this section.
10 8) An "electronic signature" means any symbol or process intended by an individual
11 signing this Amendment to represent their signature, including but not limited to (1) a digital signature;
12 (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and
13 transmitted (for example by PDF document) version of an original handwritten signature.
14 a) Each electronic signature affixed or attached to this Amendment (1) is deemed
15 equivalent to a valid original handwritten signature of the person signing this Amendment for all
16 purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding,
17 and (2) has the same force and effect as the valid original handwritten signature of that person.
18 b) The provisions of this section satisfy the requirements of Civil Code section
19 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title
20 2.5, beginning with section 1633.1).
21 c) Each party using a digital signature represents that it has undertaken and
22 satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through
23 (5), and agrees that each other party may rely upon that representation.
24 d) This Amendment is not conditioned upon the parties conducting the transactions
25 under it by electronic means and either party may sign this Amendment with an original handwritten
26 signature.
27 9) This Amendment No. 2 may be signed in counterparts, each of which is an original, and
28 all which together constitute this Amendment No. 2.
— 3 — COUNTY OF FRESNO
Fresno,CA
1 10) The Agreement, as previously amended and as amended by this Amendment No. 2 is
2 ratified and continued. All provisions, of the Agreement as previously amended and not amended by
3 this Amendment No. 2 remain in full force and effect.
4 11) This Amendment No. 2 shall become effective October 1, 2022.
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4 - COUNTY OF FRESNO
Fresno,CA
1 The parties are signing this Amendment No. 2 on the date stated in the introductory clause.
2 ATTEST:
3 SUBRECIPIENT: COUNTY OF FRESNO
4
RH COM NI 4A.
TY UILDERS
5 By:
Brian Pacheco, Chairman of the Board of
6 Supervisors of the County of Fresno
7 Print Name: Wayne Rutledge
8 Title: Chief Executive Officer
9 Chairman of the Board, or
President, or any Vice President
10 ATTEST:
Bernice E. Seidel
11 Clerk of the Board of Supervisors
12 County of Fresno, State of California
13 By:
14 Print Name: By: _ tJ
15 Title:
Secretary (of Corporation), or
16 any Assistant Secretary, or
17 Chief Financial Officer, or
any Assistant Treasurer
18
19 Mailing Address:
331 Shields Avenue
20 Fresno, CA 93705
Contact: Katie Wilbur
21
22
23 Fund/Subclass: 0001/10000
Organization: 56107370
24 Account/Program: 7870/0
25
26 SB:DG
27
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- 5 - COUNTY OF FRESNO
Fresno,CA
Revised Exhibit A-1
Page 1 of 5
SUMMARY OF
SERVICES
ORGANIZATION: RH Community Builders
ADDRESS: 2550 W. Clinton, #142 Fresno, CA, 93705
SERVICES: Emergency Rental Assistance
TELEPHONE: 559-492-1373
EMAIL: katie@nccbfresno.com
RH Community Builders (SUBRECIPIENT) will provide emergency rental assistance to
individuals who have suffered financial hardship. For ERA1, the hardship must be due
directly or indirectly to COVID-19. Under ERA2, services do not have to be directly related
to the COVID-19 outbreak.
Eligible households may receive up to 18 months of assistance for the eligible time
frame, inclusive of assistance provided with both ERA 1 and ERA 2. Rental
assistance provided to an eligible household should not be duplicative of any other
federally funded rental assistance provided to such households.
SUBRECIPIENT will work with service providers throughout the community to
connect clients of COUNTY's Department of Social Services (DSS) to ERA funding.
Clients participating in programs administered by DSS will receive ERA assistance
when appropriate.
Uses for ERA 1 money will be as follows:
1. Emergency Rental Assistance 1 services — Includes rent, rental arrears, utilities
and home energy costs, and utilities and home energy arrears. Prior to funding
any future rental payments, SUBRECIPIENT must prioritize ALL rental arrears for
eligible households and get permission from the COUNTY.
Uses for ERA 2 money will be as follows:
1. Emergency Rental Assistance 2 services ($3.4 Million) — Includes rent, rental
arrears, utilities and home energy costs, and utilities and home energy arrears.
2. Prospective rent and utilities for those experiencing homelessness ($1 Million)-
Prospective rent will be provided to individuals referred or approved by COUNTY,
with SUBRECIPIENT agreeing to provide case management and housing
services at their own cost.
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. COUNTY
and SUBRECIPIENT agree to comply with the requirements of the following:
American Rescue Plan Act of 2021 (Section 3201); U.S. Treasury Guidance
and California AB 832 (Sections 50897. 50897.1, 50897.2; 50897.3
Subdivision(e); 50897.3.1; and 50897.4. Additionally, SUBRECIPIENT must
also follow all provisions of the State and Federal Standard Agreements
Revised Exhibit A-1
Page 2 of 5
which will be provided to SUBRECIPIENT after execution by the
State/Federal entity and COUNTY.
B. Provide rental assistance to eligible individuals in Fresno County.
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 significant costs, or experienced other financial
hardship due, directly or indirectly, to the novel coronavirus (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% for Fresno County Median Area
Income. Those with income below 50% of the AMI will be assisted first. Once
ALL households at or below the 50% threshold are provided an opportunity
to apply for assistance, 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,
SUBRECIPIENT must redetermine eligibility every three months.
Revised Exhibit A-1
Page 3 of 5
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,
including 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 lump sum (LS)
settlement copy that shows the periodic rate and the
effective date of
Revised Exhibit A-1
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 participation in writing, by mail, to the landlord or utility
provider
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 in 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.
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, which will include:
Revised Exhibit A-1
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 directfinancial
assistance; and
9. Training on required documentation and verification process of
SUBRECIPIENT staff.
G. Outcomes
1. 100% of State and Federal ERA1 and ERA2 Block grant funds must be
expended by State and Federal expenditure deadlines.
2. 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 all 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, American Rescue Plan Act of 2021 (Section 3201); U.S. Treasury Guidance
and California AB 832 (Sections 50897. 50897.1, 50897.2; 50897.3
Subdivision(e); 50897.3.1; and 50897.4, as well as all provisions in the Federal
and State Standard Agreements for ERAP funds.
Revised Exhibit B-1
Page 1 of 2
ORGANIZATION NAME: RH Community Builders
PROJECT NAME: Emergency Rental Assistance Program
CONTRACT NUMBER: D-21-103 (Amended to A-21-555)
CONTRACT PERIOD: March 1, 2021 -September 30,2022
Personnel Salaries $911,286.54
Payroll Taxes $81,899.36
Benefits $70,836.47
Workman's Comp $55,472.32
Insurance $9,482.22
Facilities/Utilities/Office Supplies $89,104.43
Equipment $24,865.57
Transportation $18,802.72
Program Supplies $14,448.30
Subcontracts $847,918.95
Professional Fees $620,434.60
Start Up $56,302.60
RH Admin (Amending to Indirect) $1,719,809.92
Direct Rental Assistance $27,657,721.00
TOTAL $32,178,385.00
Positions March 1, 2021 - December 31, 2021
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
Total 361364.04
Positions January 1, 2022-September 30, 2022
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
Tota 1 $549,922.50
Total Salaries $911,286.54
Revised Exhibit B-1
Page 2 of 2
ORGANIZATION NAME:PROJECT NAME: RH Community Builders
CONTRACT NUMBER:CONTRACT PERIOD: Emergency Rental Assistance Program D-21-103
(Amended to A-21-555)
October 1,2022-September 30,2024
Personnel Salaries $290,379
Payroll Taxes $51,262
Benefits $25,590
Workman's Comp $15,971
Facilities/Supplies $43,200
Cellphones/Internet $3,240
Emails $600
Transportation $6,180
Marketing $37,200
Professional Fees $34,051
Insurance $18,000
Indirect $58,734
Direct Rental Assistance $4,405,106
TOTAL $4,989,513
Salaries
Titles FTE Annual Wages Taxes Benefits Total
Director 0.35 $43,682 $7,720 $1,890 $53,292
Manager 1 $74,883 $13,217 $5,400 $93,500
Case Manager 2 $104,004 $18,357 $10,800 $133,161
CA 1 $37,441 $6,608 $5,400 $49,450
Data 0.2 $9,984 $1,762 $11,747
Fiscal Analyst 0.351 $20,3851 $3,5981 $2,100 $26,083
Worksman's Comp $ 15,971
Total S&B $290,379 $51,262 $25,590 $383,202