HomeMy WebLinkAboutAgreement A-23-145 Amendment IV to Agreement with WestCare.pdf Agreement No. 23-145
1 AMENDMENT IV TO AGREEMENT
2
3 THIS AGREEMENT is made and entered into this 28th day of March , 2023, by and between
4 the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as
5 "COUNTY," and WESTCARE CALIFORNIA, INC., a California non-profit corporation, whose address is
6 1900 N. Gateway Blvd., Ste. 100, Fresno, CA 93727, hereinafter referred to as"SUBRECIPIENT."
7 WITNESSETH :
8 WHEREAS,the parties entered into that certain Agreement, identified as COUNTY Agreement No.
9 18-541, effective September 11, 2018; and Amendment I, identified as COUNTY Agreement No. 18-541-1,
10 effective March 26, 2019; and Amendment II, identified as COUNTY Agreement No. 18-541-2, effective
11 June 23, 2020; and Amendment lll, identified as COUNTY Agreement No. 21-554, effective December 14,
12 2021 hereinafter referred to collectively as Agreement No. 18-541 for disability advocacy, housing-based
13 case management, housing assistance, and related services for homeless and disabled individuals in
14 Fresno County; and
15 WHEREAS, COUNTY, through its Department of Social Services (DSS) has received an additional
16 allocation from the Budget Act of 2021 Senate Bill 129 (SB 129) in Housing and Disability Advocacy
17 Program funds; and
18 WHEREAS, the COUNTY continues to have a significant population of homeless and disabled
19 individuals in need of HDAP services, and the parties desire to amend the Agreement regarding changes
20 as stated below.
21 NOW,THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto
22 agree as follows:
23 1. That the existing COUNTY Agreement No. 18-541, Page Two (2) Section Two (2) beginning
24 with line Twenty-One (21), with the number"2" and ending on Line Twenty-Three (23)with the year"2020,"
25 be deleted and the following inserted in its place:
26 "2.TERM
27 The term of this Agreement shall commence on the 11th day of September, 2018, through
28 and including the 315t day of August, 2023."
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1 2. That the existing COUNTY Agreement No. 18-541, Page Three (3), Section Four(4)
2 beginning with Line Eighteen (18), with the number"4"and ending on Page Four(4), Line Sixteen (16)with
3 the word "days," be deleted and the following inserted in its place:
4 '4. COMPENSATION
5 For actual services provided as identified in the terms and conditions of this Agreement,
6 including Revised Exhibit A-1, COUNTY agrees to pay SUBRECIPIENT and SUBRECIPIENT agrees to
7 receive compensation in accordance with Revised Exhibit B-3, "Budget Summary," attached hereto and by
8 this reference incorporated herein. Mandated travel shall be reimbursed based on actual expenditures and
9 mileage reimbursement shall be at SUBRECIPIENT's adopted rate per mile, not to exceed the IRS
10 published rate. Payment shall be made upon certification or other proof satisfactory to COUNTY's DSS that
11 services have actually been performed by SUBRECIPIENT as specified in this Agreement.
12 The maximum amount payable to SUBRECIPIENT for the period of September 11, 2018
13 through June 30, 2020 shall not exceed Seven Hundred Fifty Thousand and No/100 Dollars ($750,000).
14 The maximum amount payable to SUBRECIPIENT for the period of July 1, 2020 through June 30, 2021
15 shall not exceed Five Hundred Ten Thousand One Hundred Two and No/100 Dollars ($510,102). The
16 maximum amount payable to SUBRECIPIENT for the period of July 1, 2021 through June August 31, 2023
17 shall not exceed One Million Seven Hundred Five Thousand Nine Hundred Seventy-Eight and No/100
18 Dollars($1,705,978).
19 In no event shall the maximum contract amount for the services provided by the SUBRECIPIENT to
20 COUNTY under the terms and conditions of the Agreement be in excess of Two Million Nine Hundred
21 Sixty-Six Thousand and Eighty and No/100 Dollars ($2,966,080). It is understood that all expenses
22 incidental to SUBRECIPIENT's performance of services under this Agreement shall be borne by
23 SUBRECIPIENT.
24 Except as provided below regarding State payment delays, payments by COUNTY shall be
25 in arrears,for services provided during the preceding month, within forty-five (45)days after receipt,
26 verification, and approval of SUBRECIPIENT's invoices by COUNTY's DSS. If SUBRECIPIENT should fail
27 to comply with any provision of this Agreement, COUNTY shall be relieved of its obligation for further
28 compensation. All final claims and/or any final budget modification requests shall be submitted by
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1 SUBRECIPIENT within sixty(60)days following the final month of service for which payment is claimed. No
2 action shall be taken by COUNTY on claims submitted beyond the sixty(60)day closeout period. Any
3 compensation which is not expended by SUBRECIPIENT pursuant to the terms and conditions of this
4 Agreement shall automatically revert to COUNTY.
5 The services provided by SUBRECIPIENT under this Agreement are funded in whole or in
6 part by the State of California. In the event that funding for these services is delayed by the State Controller,
7 COUNTY may defer payment to SUBRECIPIENT. The amount of the deferred payment shall not exceed
8 the amount of funding delayed by the State Controller to COUNTY. The period of time of the deferral by
9 COUNTY shall not exceed the period of time of the State Controller's delay of payment to COUNTY plus
10 forty-five (45)days."
11 3. That all references in existing COUNTY Agreement No. 18-541 to Revised Exhibit B-2 shall
12 be changed to read "Revised Exhibit B-3,"which is attached hereto and incorporated herein by this
13 reference.
14 4. COUNTY and SUBRECIPIENT agree that this Amendment IV is sufficient to amend
15 Agreement No. 18-541 and, that upon execution of this Amendment IV, the original Agreement,
16 Amendment 1, Amendment 11,Amendment III, and this Amendment IV shall together be considered the
17 Agreement.
18 The Parties agree that this Amendment IV may be executed by electronic signature as
19 provided in this section.
20 A. An "electronic signature" means any symbol or process intended by an individual
21 signing this Amendment III to represent their signature, including but not limited to (1) a digital signature; (2)
22 a faxed version of an original handwritten signature; or(3) an electronically scanned and transmitted (for
23 example by PDF document)of a handwritten signature.
24 B. Each electronic signature affixed or attached to this Amendment IV(1)is deemed
25 equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes,
26 including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the
27 same force and effect as the valid original handwritten signature of that person.
28 C. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
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1 subdivision (b), in the Uniform Electronic Transaction Act(Civil Code, Division 3, Part 2, Title 2.5, beginning
2 with section 1633.1).
3 D. Each party using a digital signature represents that it has undertaken and satisfied
4 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)through (5), and
5 agrees that each other party may rely upon that representation.
6 This Amendment IV is not conditioned upon the parties conducting the transactions under it
7 by electronic means and either party may sign this Amendment IV with an original handwritten signature.
8 The Agreement, as hereby amended, is ratified, and continued. All provisions,terms,
9 covenants, conditions, and promises contained in this Agreement not amended herein shall remain in full
10 force and effect. This Amendment III shall become effective retroactively to March 1, 2023.
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1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment IV to Agreement
2 18-541 as of the day and year first hereinabove written.
3
4 SUBRECIPIENT: COUNTY OF FRESNO
WESTCARE CALIFORNIA, INC.
5
6 By: '�---
SalAuktflo, qairman of the
7 Print Name: n Bo rd isors of the County of Fresno
8 Title: Csxa
ATTEST:
-+L' 1P��`�"`�'` �'''�`s'`'`�' + �" Bernice E. Seidel
10 eu',- 1cM w Lc✓�
aoz3-c>L. Clerk of the Board of Supervisors
11 County of Fresno, State of California
12 By - -- 3
i�Name
13 By:
14 Title: Deputy
15
16 Mailing Address:
1900 N. Gateway Blvd., Ste. 100,
17 Fresno, CA 93727
Phone No: (559)251-4800
18 Contact: Senior Vice President
19
FOR ACCOUNTING USE ONLY:
20
ORG No.: 56107001
21 ORG No.:56107093
Fund/Subclass:0001/10000
22
Account No.: 7870
23 DEN:XV
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Revised Exhibit B-3
Page 1 of 3
BUDGET SUMMARY
ORGANIZATION: WestCare California, Inc.
SERVICES: Housing & Disability Advocacy Program
BUDGET TERMS: September 11, 2018 to June 30, 2020 (Years 1 & 2)
July 1, 2020 to June 30, 2021 (Year 3)
July 1, 2021 to August 31, 2023 (Years 4 & 5)
CONTRACT AMOUNTS: $2,966,080 MAXIMUM COMPENSATION TOTAL
$750,000 Maximum for Years 1 &2
$510,102 Maximum for Year 3
$1,705,978 Maximum for Year 4 &Year 5
ELIGIBLE EXPENSES FOR YEARS 1 &2 AMOUNT
Housing Assistance
Emergency Shelter Motel Vouchers
Rapid Rehousing Financial Assistance
Rental Assistance
Security Deposits
Utility Assistance
Utility Deposits
Moving Costs
Storage Costs
Household Supplies & Furniture
Landlord Mitigation
Housing Assistance Subtotal $ 400,000
Staffing& Office Expenses
Disability Benefits Advocacy
Housing-Based Case Management
Direct Office Expenses
Staffing& Office Expenses Subtotal $ 300,000
Administration $ 50,000
TOTAL MAXIMUM COMPENSATION FOR TERM $ 750,000
Revised Exhibit B-3
Page 2 of 3
ELIGIBLE EXPENSES FOR YEAR 3 AMOUNT
Staffing& Benefits
HDAP Team Lead
Disability Income Advocates (minimum 2.0 FTE)
Housing-Based Case Managers (minimum 2.0 FTE)
Staffing& Benefits Subtotal $ 360,000
Housing Assistance&Client Expenses
Emergency Shelter Motel Vouchers
Landlord Mitigation
Household Supplies & Furniture
Other Housing Assistance (Rent, Utilities, Deposits, Etc.)
Client Expenses (Birth Certificate Fees, Legal Aid, Etc.)
Housing Assistance & Client Expenses Subtotal $ 64,395
Direct Program, Office, &Vehicle Expenses $ 50,000
Administration @ 7% $ 35,707
TOTAL MAXIMUM COMPENSATION FOR TERM $ 510,102
Revised Exhibit B-3
Page 3 of 3
ELIGIBLE EXPENSES FOR YEAR 4 & 5 AMOUNT
Staffing& Benefits
HDAP Program Manager(1.0 FTE)
HDAP Program Director (0.15 FTE)
Disability Income Advocates (2.0 FTE)
Housing-Based Case Managers (5.0 FTE)
Staffing & Benefits Subtotal $ 897,228
Housing Assistance & Client Expenses
Emergency Shelter Motel Vouchers
Landlord Mitigation
Household Supplies & Furniture
Other Housing Assistance (Rent, Utilities, Deposits, Etc.)
Client Expenses(Birth Certificate Fees, Legal Aid, Etc.)
Housing Assistance & Client Expenses Subtotal $ 575,808
Direct Program, Office, &Vehicle Expenses $ 110,923
Contracted Services $ 10,413
Administration @ 7% $ 111,606
TOTAL MAXIMUM COMPENSATION FOR TERM $ 1,705,978