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HomeMy WebLinkAboutAgreement A-23-143 Amendment to Agreement with CLFA.pdf Agreement No. 23-143 1 AMENDMENT NO. 2 TO AGREEMENT 2 THIS AMENDMENT, hereinafter referred to as Amendment No. 2, is made and entered into this 3 28th day of March , 2023, by and between the COUNTY OF FRESNO, a Political Subdivision of the 4 State of California, hereinafter referred to as "COUNTY", and CENTRO LA FAMILIA ADVOCACY 5 SERVICES, INC., a California non-profit corporation, whose address is 302 Fresno Street, Suite 102, 6 Fresno, CA 93706, hereinafter referred to as "SUBRECIPIENT." 7 WITNESSETH: 8 WHEREAS, COUNTY, through the Department of Social Services (DSS) receives allocation 9 funding from the California Department of Social Services (CDSS) to administer the California Work 10 Opportunity and Responsibility to Kids (CaIWORKs) Housing Support Program, authorized by Senate 11 Bill (SB) 855 (Chapter 29, Statutes of 2014); and 12 WHEREAS, the COUNTY has a significant population of CaIWORKs families who are 13 homeless and in need of rapid rehousing assistance; and 14 WHEREAS, the parties entered into that certain Agreement, identified as County Agreement 15 No. A-20-090, effective February 25,2020; and Amendment No.1, identified as County Agreement No. 16 A-20-090-1, effective May 11, 2021, whereby SUBRECIPIENT agreed to provide rapid rehousing 17 assistance and related supportive services to CaIWORKs homeless families; and 18 WHEREAS, amidst the COVID-19 pandemic there has been an increased need for rapid 19 rehousing services for CaIWORKs families and longer stays in emergency shelters, the parties desire 20 to amend County Agreement No. A-20-090; and County Agreement No. A-20-090-1 to provide 21 additional funds for rapid rehousing assistance and related supportive services to CalWORKs 22 homeless families to meet the increased need for such services; and 23 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein 24 contained, the parties hereto agree as follows: 25 1. That the existing COUNTY Agreement No. A-20-090 Page Two (2), Section Two (2) 26 beginning with Line One (1), with the number "2" and ending on Page Two (2), Line Seven (7) with 27 the word "performance," shall be deleted and the following inserted in its place: 28 - 1 - 1 "2. TERM 2 The term of this Agreement shall commence on March 1, 2020 through and including May 31, 3 2024." 4 2. That the existing COUNTY Agreement No. A-20-090 Page Three (3), Section Four (4) 5 beginning with Line Four (4), with the number"4" and ending on Page Three (3), Line Fifteen (15) with 6 the word "COUNTY," as previously modified by Amendment No. 1, Page One (1), Section One (1), 7 Line Twenty-Three (23)with the number"1" and ending on Page Two (2), Line Nine (9) with the word 8 "COUNTY" be deleted and the following inserted in its place: 9 "4. COMPENSATION 10 For actual services provided pursuant to the terms of this Agreement, COUNTY agrees to pay 11 SUBRECIPIENT and SUBRECIPIENT agrees to receive compensation in accordance with the 12 Revised Exhibit B-1. 13 In no event shall services performed under this Agreement be in excess of Two Million, Two 14 Hundred Eighty-Two Thousand, Two Hundred and Twenty and No/100 Dollars ($2,282,220). For the 15 period of March 1, 2020 through May 31, 2020, in no event shall services performed under this 16 Agreement be in excess of One Hundred Thousand and No/100 Dollars ($100,000). For the period of 17 June 1, 2020 through May 31, 2021, in no event shall services performed under this Agreement be in 18 excess of Four Hundred Seventy-One Thousand Two Hundred Twenty and No/100 Dollars 19 ($471,220). For the period of June 1, 2021 through May 31, 2022, in no event shall services performed 20 under this Agreement be in excess of Four Hundred Thousand and No/100 Dollars ($400,000). For the 21 period of June 1, 2022 through May 31, 2023, in no event shall services performed under this 22 Agreement be in excess of Five Hundred Sixty-One Thousand and No/100 Dollars ($561,000). For the 23 period of June 1, 2023 through May 31, 2024, in no event shall services performed under this 24 Agreement be in excess of Seven Hundred Fifty Thousand and No/100 Dollars ($750,000). Payments 25 by COUNTY shall be in arrears, for services provided during the preceding month, within forty-five (45) 26 days after receipt, verification and approval of SUBRECIPIENT's invoices by COUNTY." 27 The SUBRECIPIENT is solely responsible for all of its costs and expenses that are not 28 specified as payable by the County under this Agreement. If SUBRECIPIENT should fail to comply - 2 - I with any provision of the Agreement, COUNTY shall be relieved of its obligation for further 2 compensation. Any compensation which is not expended by SUBRECIPIENT pursuant to the terms 3 and conditions of this Agreement shall automatically revert to COUNTY. 4 SUBRECIPIENT acknowledges that COUNTY is a local government entity, and does so with 5 notice that the COUNTY's powers are limited by the California Constitution and by State law, and 6 with notice that SUBRECIPIENT may receive compensation under this Agreement only for services 7 performed according to the terms of this Agreement and while this Agreement is in effect, and 8 subject to the maximum amount payable under this section. SUBRECIPIENT further acknowledges 9 that COUNTY's employees have no authority to pay SUBRECIPIENT except as expressly provided 10 in this Agreement. 11 The services provided by the SUBRECIPIENT under this Agreement are funded in whole or 12 in part by the State of California and the United States Federal government. In the event that funding 13 for these services is delayed by the State Controller or the Federal government, COUNTY may defer 14 payment to SUBRECIPIENT. The amount of the deferred payment shall not exceed the amount of 15 funding delayed to the COUNTY. The period of time of the deferral by COUNTY shall not exceed the 16 period of time of the State Controller's or Federal government's delay of payment to COUNTY plus 17 forty-five (45) days. 18 3. That, effective upon execution, all references in existing COUNTY Agreement No. A-20- 19 090 to "Revised Exhibit B" shall be changed to read "Revised Exhibit B-1," which is attached hereto 20 and incorporated herein by this reference. 21 4. The SUBRECIPIENT represents and warrants to the COUNTY that: 22 a. The SUBRECIPIENT is duly authorized and empowered to sign and 23 perform its obligations under this amendment. 24 b. The individual signing this Amendment on behalf of the SUBRECIPIENT is 25 duly authorized to do so and his or her signature on this Amendment legally binds the SUBRECIPIENT to 26 the terms of this Amendment. 27 5. The parties agree that this Amendment may be executed by electronic signature as 28 provided in this section. 3 - I a. An "electronic signature" means any symbol or process intended by an 2 individual signing this Amendment No. 2 to represent their signature, including but not limited to (1) a 3 digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically 4 scanned and transmitted (for example by PDF document) of a handwritten signature. 5 b. Each electronic signature affixed or attached to this Amendment No. 2 6 (1) is deemed equivalent to a valid original handwritten signature of the person signing this 7 Amendment No. 2 for all purposes, including but not limited to evidentiary proof in any administrative 8 or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature 9 of that person. 10 C. The provisions of this section satisfy the requirements of Civil Code 11 section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 12 2, Title 2.5, beginning with Section 1633.1). 13 d. Each party using a digital signature represents that it has undertaken 14 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) 15 through (5), and agree that each other party may rely upon that representation. 16 e. This Amendment No. 2 is not conditioned upon the parties conducting 17 the transactions under it by electronic means and either party may sign this Agreement with an original 18 handwritten signature. 19 6. COUNTY and SUBRECIPIENT agree that this Amendment No. 2 is sufficient to amend 20 Agreement No. A-20-090 and, that upon execution of this Amendment No. 2, the original Agreement, 21 Amendment No. 1 and this Amendment No. 2, shall together be considered the Agreement. 22 The Agreement, as hereby amended, is ratified and continued. All provisions, terms, 23 covenants, conditions and promises contained in this Agreement not amended herein shall remain in 24 full force and effect. This Amendment No. 2 shall become effective retroactively to March 1, 2023. 25 /// 26 27 28 /// 4 - 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment II to Agreement as of the 2 day and year first hereinabove written. 3 SUBRECIPIENT: COUNTY OF FRESNO 4 CENTRO LA FAMILIA ADVOCACY 5 SERVICES, INC. 6 By: - - /Jed✓ By: _ 7 Print Name: Robert Solis Sal Quintero, Chairman of the Board of 8 Supervisors of the County of Fresno Title: Board Chair 9 Chairman of the Board, or President, or any Vice President 10 ATTEST: Bernice E. Seidel 11 Clerk of the Board of Supervisors 12 1 � —� County of Fresno, State of California By: 13 Print Name: Marc V. Young By. f� 14 Title: Chief Financial Officer Deputy 15 Secretary (of Corporation), or any Assistant Secretary, or 16 Chief Financial Officer, or 17 any Assistant Treasurer 18 19 20 Mailing Address: 21 Centro La Familia Advocacy Services, Inc. 302 Fresno Street, Suite 102 22 Fresno, CA 93706 Phone No.: (559) 237-2961 23 24 Fund/Subclass: 0001/10000 ORG No.: 56107001 25 Account No.: 7870/0 SB:mf 26 27 28 - s - Revised Exhibit B-1 Page 1 of 7 BUDGET SUMMARY ORGANIZATION: Centro La Familia Advocacy Services, Inc. SERVICES: CalWORKs Housing Support Program CONTRACT TERM: March 1, 2020 through May 31, 2020 CONTRACT TOTAL: $100,000 3 Month Budget Budget Categories Amount Direct Financial Assistance Rental Assistance Security Deposits Utility Deposits Utility Payments Making Home Habitable/Furniture Moving Costs/Storage Motel/Hotel Vouchers Subtotal $56,000 Housing Navigation Services Salaries 1.0 FTE Housing Navigator Taxes Benefits Operational Costs Subtotal $17,000 Case Management Services Salaries 1.0 FTE Housing Navigator Taxes Benefits Operational Costs Subtotal $17,000 Administration Salaries .25 FTE Program Manager Taxes Benefits Operational Costs Subtotal $10,000 Total $100,000 Revised Exhibit B-1 Page 2 of 7 BUDGET SUMMARY ORGANIZATION: Centro La Familia Advocacy Services, Inc. SERVICES: CalWORKs Housing Support Program CONTRACT TERM: June 1, 2020 through May 31, 2021 CONTRACT TOTAL: $471,220 12 Month Budget Budget Categories Amount Direct Financial Assistance Rental Assistance Security Deposits Utility Deposits Utility Payments Making Home Habitable/Furniture Moving Costs/Storage Motel/Hotel Vouchers Subtotal $325,220 Housing Navigation Services Salaries 1.0 FTE Housing Navigator Taxes Benefits Operational Costs Subtotal $58,000 Case Management Services Salaries 1.0 FTE Case Manager Taxes Benefits Operational Costs Subtotal $58,000 Administration Salaries .25 FTE Program Manager Taxes Benefits Operational Costs Subtotal $30,000 Total $471,220 Revised ExhibitB-1 Page 3 of 7 BUDGET SUMMARY ORGANIZATION: Centro La Familia Advocacy Services, Inc. SERVICES: CaIWORKs Housing Support Program CONTRACT TERM: June 1, 2021 through May 31, 2022 CONTRACT TOTAL: $400,000 12 Month Budget Budget Categories Amount Direct Financial Assistance Rental Assistance Security Deposits Utility Deposits Utility Payments Making Home Habitable/Furniture Moving Costs/Storage Motel/Hotel Vouchers Subtotal $254,000 Housing Navigation Services Salaries 1.0 FTE Housing Navigator Taxes Benefits Operational Costs Subtotal $58,000 Case Management Services Salaries 1.0 FTE Case Manager Taxes Benefits Operational Costs Subtotal $58,000 Administration Salaries .25 FTE Program Manager Taxes Benefits Operational Costs Subtotal $30,000 Total $400,000 Revised Exhibit B-1 Page 4 of 7 BUDGET SUMMARY ORGANIZATION: Centro La Familia Advocacy Services, Inc. SERVICES: CalWORKs Housing Support Program CONTRACT TERM: June 1, 2022 through May 31, 2023 CONTRACT TOTAL: $561,000 12 Month Budget Budget Categories Amount Direct Financial Assistance Rental Assistance Security Deposits Utility Deposits Utility Payments Making Home Habitable/Furniture Moving Costs/Storage Motel/Hotel Voucher Subtotal $415,000 Housing Navigation Services Salaries 1 FTE Housing Navigator Taxes FICA: 7.65% x Salary SUI:(7,000 x 1 FTE) x 6.2% Benefits Retirement: 3% of total salaries Health Insurance: $500 x1 FTE x 12 Months Operational Costs = cost for operations to include telecommunications (cell, landline, data) rent, office supplies, travel, postage, printing, equipment, furniture, utilities, etc) Subtotal $ 58,000 Case Management Services Salaries 1 FTE Case Managers Taxes FICA: 7.65% x Salary SUI:(7,000 x 1 FTE) x 6.2% Benefits Retirement: 3% of total salaries = Health Insurance: $500 x1 FTE x 12 Months = Operational Costs = cost for operations to include telecommunications (cell, landline, data) rent, office supplies, travel, postage, printing, equipment, furniture, utilities, etc) Subtotal $ 58,000 Revised Exhibit B-1 Page 5 of 7 Administration Salaries .25 FTE Program Manager = Taxes FICA: 7.65% x Salary SUI:(7,000 x 0.5 FTE) x 6.2% Benefits Retirement: 3% of total salaries Health Insurance: $500 x1 FTE x 12 Months Operational Costs= cost for operations to include telecommunications (cell, landline, data) rent, office supplies, travel, postage, printing, equipment, furniture, utilities, etc) Subtotal $ 30,000 Total $561,000 Revised Exhibit B-1 Page 6 of 7 BUDGET SUMMARY ORGANIZATION: Centro La Familia Advocacy Services, Inc. SERVICES: CalWORKs Housing Support Program CONTRACT TERM: June 1, 2023 through May 31, 2024 CONTRACT TOTAL: $750,000 12 Month Budget Budget Categories Amount Direct Financial Assistance Rental Assistance Security Deposits Utility Deposits Utility Payments Making Home Habitable/Furniture Moving Costs/Storage Motel/Hotel Voucher Subtotal $555,000 Housing Navigation Services Salaries 1 FTE Housing Navigator Taxes FICA: 7.65% x Salary SUI:(7,000 x 1 FTE) x 6.2% Benefits Retirement: 3% of total salaries Health Insurance: $500 x1 FTE x 12 Months Operational Costs = cost for operations to include telecommunications (cell, landline, data) rent, office supplies, travel, postage, printing, equipment, furniture, utilities, etc) Subtotal $ 75,000 Case Management Services Salaries 1 FTE Case Managers Taxes FICA: 7.65% x Salary SUI:(7,000 x 1 FTE) x 6.2% Benefits Retirement: 3% of total salaries = Health Insurance: $500 x1 FTE x 12 Months = Operational Costs = cost for operations to include telecommunications (cell, landline, data) rent, office supplies, travel, postage, printing, equipment, furniture, utilities, etc) Subtotal $ 75,000 Revised Exhibit B-1 Page 7 of 7 Administration Salaries .25 FTE Program Manager = Taxes FICA: 7.65% x Salary SUI:(7,000 x 0.5 FTE) x 6.2% Benefits Retirement: 3% of total salaries Health Insurance: $500 x1 FTE x 12 Months Operational Costs= cost for operations to include telecommunications (cell, landline, data) rent, office supplies, travel, postage, printing, equipment, furniture, utilities, etc) Subtotal $ 45,000 Total $750,000