HomeMy WebLinkAboutAgreement A-20-461 with Villages at Barstow.pdf Agreement No. 20-461
1 AGREEMENT FOR THE PROVISION OF SUPPORTIVE SERVICES
2 BETWEEN
COUNTY OF FRESNO
3 AND
4 THE VILLAGES AT BARSTOW, LP, a California limited partnership
5 This Agreement (hereinafter the "Agreement") is made and entered into as of the 24th day of
6 November, 2020, by and between the COUNTY OF FRESNO, a political subdivision of the State of
7 California (hereafter referred to as the "SERVICE PROVIDER") and THE VILLAGES AT BARSTOW, LP, a
8 California limited partnership, whose address is 1331 Fulton Street, Fresno CA 93721 (hereinafter
9 referred to as the "PARTNERSHIP").
10
11 Pursuant to the terms of the Memorandum of Understanding (MOU #A-19-048) between the SERVICE
12 PROVIDER and the Fresno Housing Authority (FHA), approved by the Fresno County Board of
13 Supervisors on January 29, 2019, the SERVICE PROVIDER agreed to execute documents necessary to
14 establish the role of the SERVICE PROVIDER as the mental health supportive services provider for
15 supportive housing projects mutually agreed upon and developed by FHA and supported by the
16 SERVICE PROVIDER.
17
18 The PARTNERSHIP is an affiliate of FHA and is developing a permanent supportive housing project in
19 the County of Fresno known as Alegre Commons, f/k/a Barstow Commons (hereinafter the
20 "DEVELOPMENT"). Pursuant to supportive services commitment letters dated March 1, 2020 and
21 March 3, 2020 (hereinafter the "Commitment Letters"), the SERVICE PROVIDER committed to make
22 available supportive services to the DEVELOPMENT for a minimum of 20 years. Commitment Letters
23 are attached hereto as Exhibit A. MOU #A-19-048 is attached hereto as Exhibit B.
24
25 The SERVICE PROVIDER and the PARTNERSHIP desire to execute this Agreement to establish the role of
26 the SERVICE PROVIDER as the mental health supportive services provider for the DEVELOPMENT
27 consistent with MOU #A-19-048 and the Commitment Letters. Tenant services shall commence within
28
- 1 - COUNTY OF FRESNO
Fresno,CA
I six (6) months of the DEVELOPMENT'S placed-in-service date and shall continue on a regular and
2 ongoing basis for a minimum period of twenty (20) years.
3
4 1. PROGRAMS PROVIDED
5 a. All services and programs of the SERVICE PROVIDER will be provided on site at the
6 DEVELOPMENT. Services shall be provided free of charge to the tenants (with the exception of
7 the day care services, if any), and will be of a regular and ongoing nature.
8
b. The PARTNERSHIP shall provide the physical space at the DEVELOPMENT for the provision of
9
supportive services and tenant activities to be provided by the SERVICE PROVIDER.
10
11 c. The SERVICE PROVIDER shall provide the supportive services further described in the
12 Commitment Letters, including the Supportive Services Plan for the DEVELOPMENT (attached
13 hereto as Exhibit C.
14
15 2. BUDGET FOR SERVICES
16 The SERVICE PROVIDER shall provide funding to pay for the supportive services at the DEVELOPMENT
17 approximately in the amounts shown in the budget attached to the Commitment Letters (Exhibit A).
18
19 3. MISCELLANEOUS
20 a. This Agreement shall be subject to and interpreted under the laws of the State of California.
21
22 b. This Agreement is the integrated expression of the parties' intent and has been negotiated by
23 each side, and jointly drafted.
24 c. Each party to this Agreement represents to the other party that it has the legal capacity and
25 authority to sign this Agreement and to perform any and all duties hereunder.
26
27 d. Each party to this Agreement shall be responsible for securing all necessary licenses and
28 permits required for such party's full and faithful performance its obligations pursuant hereto.
- 2 - COUNTY OF FRFSNO
Fresno,CA
1 4. NOTICES
2
Any notice shall be addressed to:
3
4 PARTNERSHIP: The Villages at Barstow, LP
5
c/o: Silvercrest, Inc., Managing General Partner
6 Preston Prince — Secretary/Director
7 1331 Fulton Street
Fresno CA 93721
8
9 SERVICE PROVIDER: The County of Fresno
Department of Behavioral Health
10 Dawan Utecht — Director
11 1925 E. Dakota Avenue
Fresno CA 93726
12
13
14 5. PARTIES BOUND.
15
16 The terms and provisions of this Agreement shall be binding upon the parties hereto, their legal
17 representatives, and any successors and assigns (having been approved in accordance with the terms
hereof).
18
19
6. INDEPENDENT CONTRACTORS
20
21
The parties to this Agreement are acting, as to each other, as independent contractors and
22
independent employers. Nothing contained in this Agreement shall create or be construed as creating
23
a partnership, joint venture or agency relationship between the parties. Neither party to this
24 Agreement shall have the authority to bind the other party in any respect.
25
26
27
28
(Signatures appear on following page.)
— 3 — COUNTY OF FRESNO
Fresno,CA
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
3 ATTEST:
4
5 PARTNERSHIP
6 THE VILLAGES AT BARSTOW, LP, a California limited partnership
7
By: Silvercrest, Inc., a California non-profit public benefit corporation,
8 its managing general partner
9
10 By:
Preston Prince
11 Secretary/Director
12
By: The Villages at Barstow AGP, LLC, a California limited liability company,
13 its administrative general partner
14
By: Housing Authority of the City of Fresno, California, a public body corporate and
15 politic, its sole member and manager
16
17 By:
18 Preston Prince
CEO/Executive Director
19
SERVICE PROVIDER
20
COUNTY OF FRESNO
21
22
By:
23
Ernest Buddy Mendes
24
25 Chairman, Fresno County Board of Supervisors
26 ,
By.
27
Bernice E. Seidel
28
Clerk, Fresno County Board of Supervisors
— 4 — COUNTY OF FRESNO
Fresno,CA
1 Exhibit A
2 Commitment Letters
3
4
Exhibit B
5
6 Memorandum of Understanding
7
8 Exhibit C
9
Supportive Services Plan
10
11
12
13
14
15 Fund/Subclass: 0001/10000
16 Organization: 56304825
$9,482,760
17 Account 7295
18
19
20
21
22
23
24
25
26
27
28
— 5 — COUNTY OF FRFSNO
Fresno,CA
co
ti County of Fresno
DEPARTMENT OF BEHAVIORAL HEALTH
,856 DAWAN UTECHT
DIRECTOR
March 1,2020
Mr.Preston Prince
Secretary/Director
Silvercrest,Inc.
1331 Fulton Street
Fresno,CA 93721
Re: Service Provision for Barstow Commons
130 W.Barstow Avenue, Fresno CA 93704
Dear Mr.Prince:
Please accept this communication as a commitment for the Fresno County Department of Behavioral
Health (Department)to provide supportive services in conjunction with the Barstow Commons project.
The Department has been providing mental health services in Fresno County for over 20 years. In
working with the Housing Authority of the City of Fresno,CA(HALF) and Silvercrest, Inc., to provide
housing and supportive services to our client population of homeless,chronically homeless and at risk of
homelessness,we have been able to add and service over 100+units of Special Needs Housing in the
Fresno Community.
Please accept this letter as formal certification that the Department has both the experience and capacity
to provide the necessary supportive services to our tenant population,and that the selected supportive
services to be made available are appropriate for the residents of the Barstow Commons project.
Supportive services will be made available onsite, free of charge,and made available to tenants
voluntarily. The Department is hereby providing this letter of intent to provide supportive services for
the Barstow Commons development,in conjunction with HACF and Silvercrest,Inc. The Department
has significant experience in providing such supportive services,including linkages to primary care,
social and human services,and money management.
If you should have any questions, please feel free to contact Susan Holt at 559-600-9058 or via email at
sholt@fresnocountyca.gov
Sincerely
T
wt,
Susan Holt,
Deputy Director
Fresno County Department of Behavioral Health
1925 E. Dakota Ave.,Fresno,CA 93726
FAX(559)600-7673 www.co.fresno.ca.us
The County of Fresno is an Equal Employment Opportunity Employer
co
ti County of Fresno
DEPARTMENT OF BEHAVIORAL HEALTH
O� 5 � DAWAN UTECHT
�ES DIRECTOR
March 3,2020
Preston Prince
Secretary/Director
Silvercrest, Inc.
1331 Fulton Street
Fresno,CA 93721
Re: Barstow Commons Development
Supportive Services Commitment
Dear Mr.Prince:
Please accept this letter as a commitment from the Fresno County Department of Behavioral Health
(Department)to make available supportive services to all residents in the proposed Barstow Commons
development, which will consist of twenty-one (21) housing units for special needs individuals. The
Department is committed to be the supportive services provider at Barstow Commons for a minimum
of twenty years. Per the terms outlined in the Memorandum Of Understanding (MOU) approved by
the Fresno County Board of Supervisors January 29th1 2019, Barstow Commons has been mutually
agreed upon as a site for a new permanent supportive housing project. Fresno County has agreed to
ensure the commitment of supportive services for permanent supportive housing projects developed
under the MOU. The Department has made available supportive services and programs for a similar
tenant population through the Mental Health Services Act Housing Program.
The Department is committed to providing behavioral health services as an appropriately licensed
organization. The Department will also be committing $474,138 from the Department's budget to
support the supportive services component of Barstow Commons. See Exhibit A for the Barstow
Commons supportive services budget. Services will be offered onsite and include, but are not limited
to:
• Case management and coordination/provision of supportive services;
• On-going assessment of needs and response to services;
• Mental health services and treatment,substance abuse services and treatment;
• Education to tenants regarding their individual behavioral health condition(s);
• Behavioral health management efforts directed to assist tenants to manage their wellness, create
plans of action, and to identify personal patterns in order to maximize results of their recovery
services and supports;
• Coordination of services,including linkages to primary health care, mental health care,substance
abuse services,and peer support;
• Coordination and securing appropriate permanent housing;
• Engagement of family and other supportive individuals;
• Team support building to include tenant council, recreational activities, social activities,and
positive relationship building;
1925 E.Dakota Ave.,Fresno,CA 93726
FAX (559)600-7673 www.co.fresno.ca.us
The County of Fresno is an Equal Employment Opportunity Employer
• Psychological supports to help tenants accomplish personal goals and to develop strategies to
deal with challenges;
• Benefits counseling and advocacy to assist tenants in accessing and securing any benefits of
which they made be eligible,including Medi-Cal enrollment and Social Security benefits
(SSI/SSP);
• Life-skills development services and support to include: personal care and hygiene,
housekeeping, nutritional meal preparation,grocery shopping,money-management,and how to
access and use public transportation;
• Clinical support services including assistance with accessing,understanding,and utilizing all
aspects of an individualized treatment plan,including but not limited to medication services,
case management, therapy,psychiatric rehabilitation,and peer support.
These services will be provided free of charge to the residents.
Should you have any questions regarding this commitment, please contact me at(559)600-9058.
Sincerely,
Susan Holt,Deputy Director
Department of Behavioral Health
County of Fresno
1925 E.Dakota Ave.,Fresno,CA 93726
FAX(559)600-7673 www.ro.fresno.ca.us
The County of Fresno is an Equal Employment Opportunity Employer
Agreement No. 19-048
MEMORANDUM OF UNDERSTANDING
Between
The County of Fresno
And
The Fresno Housing Authority
7
8 THIS MEMORANDUM OF UNDERSTANDING hereinafter referred to as"MOU"or
9 "Agreement" is made and entered into this 29th day of January , 2019 (the "Effective Date") by
10 and between the County of Fresno, a political subdivision of the State of California,hereinafter referred
11 to as"COUNTY,"and The Fresno Housing Authority,hereinafter referred to as"FHA."
12 WHEREAS, the State of California,Housing and Community Development(HCD)has made
13 available No Place Like Home (NPLH)non-competitive and competitive funding to California counties.
14 WHEREAS,The County of Fresno will compete with other California counties for up to $92
15 million in the first of four(4)annual funding rounds for HCD NPLH financing for the purpose of
16 developing permanent supportive housing for adults, transitional age youth, or children and their families
7 who reside within Fresno County and who are Homeless, Chronically Homeless or At-Risk of Chronic
18 Homelessness as a result of their serious mental illness and/or severe emotional disturbance and are in
19 need of mental health services; and
20 WHEREAS, the Mental Health Services Act, Special Needs Housing Program (SNHP), which is
21 administered by the California Housing Finance Agency(Ca1HFA), allows local governments, such as
22 the COUNTY, to use Mental Health Services Act(MHSA) and other local funds to commit financing for
23 SNHP housing units for individuals with serious mental illness,and their families,who are Homeless or
24 at risk of Homelessness;
25 WHEREAS, the State of California will make available to COUNTY $6,168,706 (Six million
26 one hundred sixty-eight thousand seven hundred and six dollars) in MHSA SNHP fiends, and $2,183,000
27 (Two million one hundred eighty-three thousand dollars) in Non-Competitive NPLH funds from the
28 State of California;
2281206v1 / 18621.0001 - - DBH&FHA MOU-HCD NPLH
1 WHEREAS, by this MOU, the FHA is requesting and the COUNTY commits to allocate up to
2 $6,168,706 (Six million one hundred sixty-eight thousand seven hundred and six dollars) in SNHP funds
3 and up to $2,183,000 (Two million one hundred eighty-three thousand dollars) of Non-Competitive
4 NPLH funds to develop a minimum of 39 SNHP housing and 15 NPLH units;
5 WHEREAS, the FHA, among other things, coordinates financing, develops and manages
6 supportive housing developments in Fresno County, and;
7 WHEREAS, the FHA previously partnered with Fresno County in the development of permanent
8 supportive housing utilizing MHSA financing, which resulted in the Renaissance developments of
9 Trinity, Alta Monte and Santa Clara; providing permanent supportive housing for homeless individuals
10 living with a severe mental illness who reside within Fresno County; and
11 WHEREAS, the FHA represents that it is a qualified developer and borrower of permanent
12 supportive housing developments in Fresno County; and
13 WHEREAS, COUNTY and FHA previously entered into two (2) separate agreements to develop
14 permanent supportive housing (County Agreement# 08-114 and # 12-445) which expired by their own
15 terms June 30, 2012 and June 30 2015, respectively; and
16 WHEREAS, the parties desire to enter into this new Agreement, wherein the parties will develop,
17 operate and maintain new permanent supportive housing projects for residents of Fresno County living
18 with severe mental illness and/or serious emotional disturbances and who are Homeless, Chronically
19 Homeless, or At-Risk of Chronic Homelessness, all in accordance with the HCD NPLH program
20 Guidelines; Welfare and Institutions Code Sections 5849 and 5890; the MHSA Housing Guidelines; the
21 SNHP; and other future permanent supportive housing funding sources, as identified.
22 NOW, THEREFORE, in consideration of the recitals set forth above, which are incorporated
23 herein by this reference, and the mutual covenants and undertakings contained herein, the receipt and
24 sufficiency of which is hereby acknowledged, the parties agree as follows:
25 1. PURPOSE
26 The COUNTY and FHA desire to develop, operate and maintain permanent supportive housing
27 opportunities in accordance with supportive housing funding source program guidelines and regulations.
28
2281206v1 / 18621.0001 -2- DQH&FHA MOU-HCD NPLH
I To do so, the COUNTY and FHA will research and pursue permanent supportive housing development
2 opportunities.
3 2. RESPONSIBILITIES
A. The FHA shall be responsible to:
5 (1) Under the direction of COUNTY, prepare any future, agreed upon HCD
6 NPLH, or other permanent supportive housing funding sources, supportive housing application(s). The
7 HCD NPLH supportive housing application, SNHP, and any additional supportive housing applications
8 would include the FHA as the developer,property manager and owner; however, any role or
9 responsibility of FHA in any supportive housing program application shall be determined by COUNTY.
10 Any supportive housing application completed by the FHA shall be approved by the COUNTY and such
11 approval shall not be unreasonably withheld. The Application(s) shall comply with all state fair housing
12 laws, regulations and directives as required by the funding source, i.e. HCD NPLH, SNHP, MHSA, etc.
13 As part of any supportive housing program application process, both COUNTY and FHA shall research
14 and identify potential housing sites to be funded with HCD NPLH or SNHP funds and/or other applicable
15 funding sources or identify other funding sources that can be utilized and/or leveraged to provide for the
16 development of permanent supportive housing units.
17 (2) Maintain supportive housing resource information for use by individuals
18 housed, family members and/or support systems of individuals and supportive services staff to assist in
19 the identification and utilization of appropriate supportive housing resources in the community.
20 (3) Make reasonable efforts to complete all program-reporting requirements
21 specific to each funding source for any supportive housing developments resulting from this Agreement.
2 2 (4) Provide property management services, either directly or through a
23 subcontract with a qualified firm, for permanent supportive housing projects developed as a result of this
24 Agreement. Services may include, but not be limited to rent collection, property maintenance and
25 repairs.
26 B. The COUNTY shall be responsible to:
2? (1) Assign appropriate staff to participate in the planning and housing
28 development process with the FHA.
2281206v1 / 18621.0001 -3- DBH&FHAMOU-HCD NPLH
1 (2) Timely consider and approve all supportive housing applications presented
2 by the FHA.
3 (3) Report required supportive housing program information to the State of
4 California HCD, CalHFA, and other identified funding source, as related to any permanent supportive
5 housing developments as a result of this Agreement.
6 (4) Upon request from the FHA,provide all necessary or relevant demographic
7 information regarding the specified target populations to be served by permanent supportive housing
8 developments as a result of this Agreement.
9 (5) Ensure there are an adequate number of eligible, certified tenant referrals
10 made to permanent supportive housing projects developed by the FHA under this Agreement. Such
11 referrals must meet the tenant eligibility requirements established for any given permanent supportive
12 housing development as mandated by the funding source target population definition and as determined
13 by Fresno County's Behavioral Health Director or designee, or by other funding sources, as applicable.
14 (6) Ensure the commitment and coordination of the appropriate level of case
15 management or other types of supportive services are available on a timely basis to meet the behavioral
16 health needs for individuals of any permanent supportive housing projects developed under this
17 Agreement. These services will be voluntary and flexible and meet the needs as determined by the
18 individuals.
19 C. In collaboration, both COUNTY and FHA shall be responsible to:
20 (1) No less than quarterly, representatives from COUNTY, FHA and other
21 interested and invited participants will meet to discuss any potential new projects, review any previous
22 work accomplished and assess the working relationship between all parties. The COUNTY and FHA
23 shall mutually agree upon the location of the supportive housing projects proposed for supportive housing
24 program applications.
25 (2) In the event a supportive housing program application is completed by
26 FHA, that it be appropriately submitted to the applicable funding source and meets all legal requirements,
27 including the provisions of Welfare and Institutions Code Sections 5847 and 5848 regarding postings and
28 30-day public comment requirement (W&I Code 5848(b)). Additionally, if a supportive housing
2281206v1 / 18621.0001 -4- DBH&FHA MOU-HCD NPLH
I program application is completed and submitted to a funding source, ensure all appropriate parties are
2 informed of the submittal, including the Fresno County Behavioral Health Board and Fresno County
3 Board of Supervisors.
4 (3) In the event a supportive housing program application is funded, County
5 and FHA shall work collaboratively to ensure all necessary documents, including any MOU and/or other
6 Agreements, are executed to establish the role of the FHA as the qualified developer/borrower/property
7 manager or any combination thereof, and to establish the role of the COUNTY as the mental health
8 supportive service provider, for any supportive housing project funded.
9 3. TERM
10 This MOU shall commence on the Effective Date, and shall terminate on the 30`I' day of
11 June 2022. This Agreement may be extended for two (2) additional consecutive twelve (12) month
12 periods; July 1, 2022 through June 30, 2023 and July 1, 2023 through June 30, 2024, upon the written
13 approval of both parties no later than sixty (60) days prior to the first day of the next twelve (12)month
14 extension period. The Department of Behavioral Health ("DBH") Director or his/her designee is
15 authorized to execute such written approval on behalf of COUNTY based upon FHA's satisfactory
16 performance.
17 4. TERMINATION
18 A. Breach of Contract
19 Either party may immediately suspend or terminate this Agreement in whole or
20 in part, where in the determination by one of the parties there is:
21 1. An illegal or improper use of funds;
22 2. A failure to comply with any term of this Agreement;
23 3. A substantially incorrect or incomplete report submitted to the
24 COUNTY; or
25 4. Improperly performed service.
26 B. Without Cause
27 This Agreement may be terminated by either of the parties as to their
28 involvement in this Agreement, upon the giving of a thirty (30) day advance written notice of an
2261206v1 / 18 621.0001 -5- DBI I&FI IA MOU-HCD NPLH
I intention to terminate from one party to the other.
5. COMPENSATION
3 The services performed in accordance with the terms and conditions as stated in this
4 Agreement shall be performed without any monetary compensation by either party.
5
6 6. MODIFICATION
7 Any matters of this Agreement may be modified from time to time by the written consent
I'all the parties without, in any way, affecting the remainder.
Notwithstanding the above, minor changes, as determined by COUNTY's Department
1 r i of Behavioral Health Director or his or her designee may be made with the written approval of
1. COUNTY's Department of Behavioral Health Director or designee and FHA. Minor changes may
1 ' include, but are not limited to, changes that will not significantly alter the responsibilities identified in
13 this Agreement, and changes to addresses to which notices are to be sent.
14 7. INDEPENDENT CONTRACTOR
1 _ In performance of the work, duties, and obligations assumed by FHA under this
1 E; Agreement, it is mutually understood and agreed that FHA, including any and all of FHA's officers,
1 agents, and employees will at all times be acting and performing as an independent contractor, and shall
18 act in an independent capacity and not as an officer, agent,servant, employee,joint venturer,partner, or
19 associate of the COUNTY. Furthermore, COUNTY shall have no right to control or supervise or direct
20 the manner or method by which FHA shall perform its work and function. However, COUNTY shall
1 retain the right to administer this Agreement so as to verify that FHA is performing its obligations in
accordance with the terms and conditions thereof.
FHA and COUNTY shall comply with all applicable provisions of law and the rules and
regulations, if any, of governmental authorities having jurisdiction over matters which are directly or
2 indirectly the subject of this Agreement.
26 Because of its status as an independent contractor, FHA shall have absolutely no right to
27 employment rights and benefits available to COUNTY employees. FHA shall be solely liable and
28 responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
2281.206v1 / 18621.0001 -6- DBH&F14AMOU-HCDNPLH
i addition, FHA shall be solely responsible and hold COUNTY harmless from all matters relating to
2 payment of FHA's employees, including compliance with Social Security, withholding, and all other
regulations governing such matters. It is acknowledged that during the term of this Agreement,FHA
may be providing services to others unrelated to the COUNTY or to this Agreement.
5 S. NON-ASSIGNMENT
6 Neither party shall assign, transfer or subcontract this Agreement nor their rights or duties
7 under this Agreement without the prior written consent of the other party with the exception of an
affiliate or limited partnership within a tax credit transaction.
9. NON-DISCRIMINATION
i During the performance of this Agreement FHA shall not unlawfully discriminate against
any employee or applicant for employment, or recipient of services, because of race,religion, color,
7 2 national origin, ancestry,physical disability,medical condition, marital status,age or gender,pursuant to
1. all applicable State of California and Federal statutes and regulations.
1-� 10. DISCLOSURE—CRIMINAL HISTORY AND CIVIL ACTIONS
FHA is required to disclose if any of the following conditions apply to them, their
1 r, owners, officers, corporate managers and partners:
1 7 A. Within the three-year period preceding the Agreement award, they have been
convicted of, or had a civil judgment rendered against them for:
i 1. Fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public transaction or contract under a public transaction;
2. Violation of a federal or state antitrust statute;
3. Embezzlement, theft, forgery, bribery, falsification, or destruction of
records; or
4. False statements or receipt of stolen property.
2' B. Within a three-year period preceding this Agreement, they have had a public
26 transaction terminated for cause or default.
27 Disclosure of the above information will not automatically eliminate FHA from further
28 business consideration. The information will be considered as part of the determination of whether to
2281206v1 / 18621.0001 -7- DBH&FHA MOU-HCD NPLH
continue and/or renew the contract and any additional information or explanation that FHA elects to
submit with the disclosed information will be considered. If it is later determined that the FHA failed
to disclose required information, any contract awarded to FHA may be immediately voided and
1 terminated for material failure to comply with the terms and conditions of the Agreement.
5 11. COMPLAINTS
For any complaint associated with this agreement,the FHA shall log such complaints from a
i tenant residing at a permanent supportive housing development resulting from this Agreement. FHA
shall make available to COUNTY a copy of the complaint concerning any tenants in a format and
timeframe that is mutually agreed upon by both parties. The FHA shall provide details and attach
10 documentation of each tenant complaint. The FHA shall post signs at housing developments resulting
11 from this Agreement that informs tenants of their right to file a complaint or grievance with the FHA
12 which is a component of the tenant's rights grievance procedure associated with each tenant's formal
13 signed lease with the FHA.
14 12. NOTICES
15 The persons have authority to give and receive notices under this Agreement and their
16 addresses include the following:
17 COUNTY FHA
Director, Fresno County Executive Director
1 Department of Behavioral Health Housing Authority of the County of Fresno
19 4441 E. Kings Canyon 1331 Fulton Mall
Fresno, CA. 93702 Fresno, CA. 93721
Any and all notices between the COUNTY and the FHA provided for or permitted under this
22 Agreement or by law shall be in writing and shall be deemed duly served when personally delivered to
23 one of the parties, or in lieu of such personal service, when deposited in the United States Mail,postage
24 prepaid, addressed to such party
25 13. SEVERABILITY
26 The provisions of this Agreement are severable. The invalidity or unenforceability of any
27 one provision in the Agreement shall not affect the other provisions.
28 14. HOLD HARMLESS
2281206v1 / 18621.0001 _g_ DBH&FHA MOU-HCD NPLH
I FHA agrees to indemnify, save, hold harmless, and at COUNTY's request, defend the
2 COUNTY, its officers, agents and employees from any and all costs and expenses, including attorney
3 fees and court costs, damages, liabilities, claims and losses occurring or resulting to COUNTY in
4 connection with the performance, or failure to perform,by FHA, its officers, agents or employees
under this Agreement, and from any and all costs and expenses,including attorney fees and court
6 costs, damages, liabilities, claims and losses occurring or resulting to any person, firm or corporation
7 who may be injured or damaged by the performance, or failure to perform, of FHA, its officers, agents
8 or employees under this Agreement. In addition, FHA agrees to indemnify COUNTY for Federal,
1-1 State of California and/or local audit exceptions resulting from noncompliance herein on the part of
10 the FHA.
11 COUNTY agrees to indemnify, save,hold harmless, and at FHA's request, defend the
12 FHA, its officers, agents and employees from any and all costs and expenses, including attorney fees and
13 court costs, damages, liabilities, claims and losses occurring or resulting to FHA in connection with the
14 1erformance, or failure to perform, by COUNTY and/or its officers, agents or employees under this
15 Agreement and from any and all costs and expenses, including attorney fees and court costs, damages,
16 liabilities, claims and losses occurring or resulting to any person, firm or corporation who may be injured
17 or damaged by the performance, or failure to perform, of COUNTY and/or its officers, agents or
18 employees under this Agreement. In addition,COUNTY agrees to indemnify FHA for Federal, State of
19 California and/or local audit exceptions resulting from noncompliance herein on the part of the COUNTY
20 and/or its contracted providers.
z 15. INSURANCE
Without limiting the COUNTY's right to obtain indemnification fiom the FHA or any third
parties, FHA, at its sole expense, shall maintain in full force and effect the following insurance
211 policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement
5 or Joint Powers MOU (JPA)throughout the term of this Agreement:
26 A. Commercial General Liability
27 Commercial General Liability Insurance with limits of not less than Two Million Dollars
28 ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000). This
2281206v1 / 18621.0001 -9- DBH&FHA MOU-HCD NPLH
policy shall be issued on a per occurrence basis. COUNTY may require specific coverage including
completed operations,product liability, contractual liability,Explosion, Collapse, and Underground
(XCU), fire legal liability or any other liability insurance deemed necessary because of the nature of
the MOU.
B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
($1,000,000)per accident for bodily injury and for property damage. Coverage should include owned
and non-owned vehicles used in connection with this MOU.
10
C. Professional Liability
11
12 The FHA does not anticipate to employ any licensed professional staff(e.g. Ph.D., R.N.,
13 L.C.S.W., L.M.F.T.)to provide services. But if FHA does employ any licensed professional, FHA will
14 provide Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000)
5 per occurrence, Three Million Dollars ($3,000,000) annual aggregate.
16
D. Worker's Compensation
17
18 A policy of Worker's Compensation Insurance as may be required by the California Labor
Code.
19
Additional Requirements Relating to Insurance
20
FHA shall obtain endorsements to the Commercial General Liability insurance naming
the COUNTY, its officers, agents and employees, individually and collectively, as additional insured,
2`' but only insofar as the operations under this Agreement are concerned. Such coverage for additional
insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by the
24 COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
25 provided under the FHA's policies herein. This insurance shall not be cancelled or changed without a
26 minimum of thirty(30) days advance written notice given to COUNTY.
27 FHA hereby waives its right to recover from COUNTY, its officers, agents, and
28 employees any amounts paid by the policy of worker's compensation insurance required by this
2281206v1 / 1B621.0001 -10- DBH&FHA MOU-HCDNPLH
Agreement. FHA is solely responsible to obtain any endorsement to such policy that may be necessary
to accomplish such waiver of subrogation, but FHA's waiver of subrogation under this paragraph is
3 effective whether or not FHA obtains such an endorsement.
4 Within thirty(30) days from the date FHA signs this Agreement, FHA shall provide
5 certificates of insurance and endorsements as stated above for all of the foregoing policies, as required
6 herein, to the County of Fresno, Department of Behavioral Health, 515 S. Cedar Avenue, Fresno CA.
7 94702, Attention: Staff Analyst- Housing, stating that such insurance coverages have been obtained
f3 and are in full force; that the COUNTY, its officers, agents and employees will not be responsible for
any premiums on the policies; that for such worker's compensation insurance the FHA has waived its
10 right to recover from the COUNTY, its officers, agents, and employees any amounts paid under the
11 insurance policy and that waiver does not invalidate the insurance policy; that such Commercial
12 General Liability insurance names the COUNTY, its officers, agents and employees,individually and
13 collectively, as additional insured, but only insofar as the operations under this Agreement are
14 concerned; that such coverage for additional insured shall apply as primary insurance and any other
15 insurance, or self-insurance, maintained by the COUNTY, its officers,agents and employees, shall be
16 excess only and not contributing with insurance provided under the FHA's policies herein; and that
17 this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance,
18 written notice given to COUNTY.
19 In the event FHA fails to keep in effect at all times insurance coverage as herein
20 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
21 Agreement upon the occurrence of such event.
22 All policies shall be with admitted insurers licensed to do business in the State of
23 California. Insurance purchased shall be from companies possessing a current A.M. Best, Inc. rating of
24 A FSC VIII or better.
25 16. CONFIDENTIALITY
26 Any service performed by FHA under this Agreement shall be in strict conformance with all
27 applicable Federal, State of California(including the California Public Records Act) and/or local laws
28 and regulations relating to confidentiality.
2281206vi / 18621.0001 - DBH&FHA MOU-HCD NPLH
17. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
A. The parties to this Agreement shall be in strict conformance with all applicable
4 Federal and State of California laws and regulations, including but not limited to Sections 5328,
5 10850, and 14100.2 et seq. of the Welfare and Institutions Code, Sections 2.1 and 431.300 et seq. of
6 Title 42, Code of Federal Regulations (CFR), Section 56 et seq. of the California Civil Code, Sections
7 11977 and 11812 of Title 22 of the California Code of Regulations, and the Health Insurance
8 Portability and Accountability Act (HIPAA), including but not limited to Section 1320 D et seq. of
9 Title 42, United States Code(USC)and its implementing regulations, including, but not limited to
10 Title 45, CFR, Sections 142, 160, 162, and 164, and The Health Information Technology for
11 Economic and Clinical Health Act(HITECH) regarding the confidentiality and security of patient
i information and the Genetic Information Nondiscrimination Act(GINA) of 2008 regarding the
1 confidentiality of genetic information.
1 Except as otherwise provided in this Agreement,the FHA, as Business Associates of
1 COUNTY, may use or disclose Protected Health Information(PHI) to perform functions, activities or
16 services for or on behalf of COUNTY, as specified in this Agreement, provided that such use or
17 disclosure shall not violate the HIPAA, USC 1320d et seq. The uses and disclosures of PHI may not
18 be more expansive than those applicable to COUNTY, as the"Covered Entity"under the HIPAA
19 Privacy Rule (45 CFR 164.500 et seq), except as authorized for management,administrative or legal
20 responsibilities of the Business Associate,
21 B. FHA, including its subcontractors, agents, and employees, shall protect, from
22 unauthorized access, use, or disclosure of names and other identifying information concerning persons
receiving services pursuant to this Agreement, except where permitted in order to carry out data
24 aggregation purposes for health care operations [45 CFR Sections 164.504 (e)(2)(i), 164.504
(3)(2)(ii)(A), and 164.504 (e)(4)(i)]. This pertains to any and all persons receiving services pursuant to
26 a COUNTY funded program. FHA shall not use such identifying information for any purpose other
27 than carrying out FHA's obligations under this Agreement.
28 C. FHA, including its subcontractors, agents, and employees, shall not disclose any
2281206v1 / 18 621.0001 -12" DB l&FHA MOU-HCD NPLH
I such identifying information to any person or entity, except as otherwise specifically permitted by this
Agreement, authorized by law, or authorized by the client/patient.
D. For purposes of the above sections, identifying information shall include, but not
4 be limited to name, identifying number, symbol, or other identifying particular assigned to the
5 individual, such as finger or voice print, or a photograph.
E. For purposes of the above sections, genetic information shall include genetic
tests of family members of an individual or individual, manifestation of disease or disorder of family
members of an individual, or any request for or receipt of, genetic services by individual or family
9 members. Family member means a dependent or any person who is first, second, third, or fourth
10 degree relative. For purposes of the above sections, identifying information shall include, but not be
11 limited to name, identifying number, symbol, or other identifying particular assigned to the individual,
12 such as finger or voice print, or a photograph.
13 F. FHA shall provide access, at the request of COUNTY, and in the time and
14 manner designated by COUNTY, to PHI in a designated record set(as defined in 45 CFR Section
15 164.501), to an individual or to COUNTY in order to meet the requirements of 45 CFR
16 Sectionl64.524 regarding access by individuals to their PHI.
17 FHA shall make any amendment(s)to PHI in a designated record set at the request of
18 COUNTY, and in the time and manner designated by COUNTY in accordance with 45 CFR Section
1_Ij 164.526.
20 FHA shall provide to COUNTY or to an individual, in a time and manner designated by
21 COUNTY, information collected in accordance with 45 CFR Section 164.528,to permit COUNTY to
22 respond to a request by the individual for an accounting of disclosures of PHI in accordance with 45
23 CFR Section 164.528.
9 G. FHA shall report to COUNTY, in writing, any knowledge or reasonable belief
5 that there has been unauthorized access, viewing, use, disclosure, or breach of PHI not permitted by
>. this MOU, and any breach of unsecured PHI of which it becomes aware, immediately and without
7 reasonable delay and in no case later than two (2) business days of discovery. Immediate notification
25 shall be made to COUNTY's Information Security Officer and Privacy Officer and COUNTY's
2281206v1 / 18621.0001 -t3- DBH&FHA MOU-HCDNPLH
1 Department of Behavioral Health HIPAA Representative, within two (2) business days of discovery.
2 The notification shall include, to the extent possible,the identification of each individual whose
3 unsecured PHI has been, or is reasonably believed to have been, accessed, acquired,used, disclosed, or
4 breached. FHA shall take prompt corrective action to cure any deficiencies and any action pertaining
5 to such unauthorized disclosure required by applicable Federal and State Laws and regulations. FHA
E shall investigate such breach and is responsible for all notifications required by law and regulation or
7 deemed necessary by COUNTY and shall provide a written report of the investigation and reporting
H required to COUNTY's Information Security Officer and Privacy Officer and COUNTY's Department
9 of Behavioral Health HIPAA Representative. This written investigation and description of any
10 reporting necessary shall be postmarked within the thirty (30) working days of the discovery of the
1 1 breach to the addresses below:
12 County of Fresno County of Fresno County of Fresno
13 Dept. of Behavioral Health Dept. of Public Health Information Technology Services
HIPAA Representative Privacy Officer Information Security Officer
14 (559) 600-9180 (559) 600-3200 (559) 600-5800
4441 E. Kings Canyon 1221 Fulton Mall 2048 N. Fine Street
15 Fresno, CA 93702 Fresno, CA 93728 Fresno, CA 93727
16 H. FHA shall make its internal practices,books, and records relating to the use and
17 disclosure of PHI received from COUNTY, or created or received by the FHA on behalf of COUNTY,
18 available to the United States Department of Health and Human Services upon demand.
19 I. Safeguards
20 FHA shall implement administrative,physical, and technical safeguards as
21 required by 45 CFR 164.308, 164.310, and 164.312 that reasonably and appropriately protect the
22 confidentiality, integrity, and availability of PHI, including electronic PHI,that it creates, receives,
23 maintains or transmits on behalf of COUNTY; and to prevent access, use or disclosure of PHI other
211 than as provided for by this MOU. FHA shall develop and maintain a written information privacy and
2 5 security program that includes administrative, technical and physical safeguards appropriate to the size
26 and complexity of FHA's operations and the nature and scope of its activities. Upon COUNTY's
2'/ request,FHA shall provide COUNTY with information concerning such safeguards.
2 8- FHA shall implement strong access controls and other security safeguards and
2281206v1 / 18 621.0001 -14- DBH&FHA MOU-HCD NPLH
1 precautions in order to restrict logical and physical access to confidential,personal (e.g., PHI) or
2 sensitive data to authorized users only. Said safeguards and precautions shall include the following
3 administrative and technical password controls for all systems used to process or store confidential,
4 personal, or sensitive data:
5 1. Passwords must not be:
6 a. Shared or written down where they are accessible or recognizable
7 by anyone else; such as taped to computer screens, stored under keyboards, or visible in a work area;
8 b. A dictionary word; or
9 C. Stored in clear text
10 2. Passwords must be:
11 a. Eight(8) characters or more in length;
12 b. Changed every ninety (90) days;
13 C. Changed immediately if revealed or compromised; and
14 d. Composed of characters from at least three of the following four
15 groups from the standard keyboard:
16 1) Upper case letters (A-Z);
17 2) Lowercase letters (a-z);
18 3) Arabic numerals (0 through 9); and
19 4) Non-alphanumeric characters (punctuation symbols).
20 FHA shall implement the following security controls on each workstation or
21 portable computing device (e.g., laptop computer) containing confidential, personal, or sensitive data:
22 1. Network-based firewall and/or personal firewall;
23 2. Continuously updated anti-virus software; and
24 3. Patch management process including installation of all operating
25 system/software vendor security patches.
26 FHA shall utilize a commercial encryption solution that has received FIPS 140-2
27 validation to encrypt all confidential,personal, or sensitive data stored on portable electronic media
28 (including, but not limited to, compact disks and thumb drives) and on portable computing devices
2281206v1 / 18 621,0001 -15- DDH&FHA MOU-HCD NPLH
1 (including,but not limited to, laptop and notebook computers).
FHA shall not transmit confidential, personal, or sensitive data via e-mail or
3 other internet transport protocol unless the data is encrypted by a solution that has been validated by
4 the National Institute of Standards and Technology (MIST) as conforming to the Advanced Encryption
Standard (AES)Algorithm.
6 J. Mitigation of Harmful Effects
7 FHA shall mitigate,to the extent practicable,
�3 any harmful effect that is known to FHA of an unauthorized access,viewing, use, disclosure, or breach
9 of PHI by FHA or its subcontractors in violation of the requirements of these provisions.
10 K. FHA's Subcontractors
11 FHA shall ensure that any of its contractors, including subcontractors, if
12 applicable, to whom FHA provides PHI received from or created or received by FHA on behalf of
13 COUNTY, agree to the same restrictions and conditions that apply to FHA with respect to such PHI;
14 and to incorporate, when applicable,the relevant provisions of these provisions into each subcontract
15 or sub-award to such agents or subcontractors.
16 L. Employee Training and Discipline
17 FHA shall train and use reasonable measures to ensure compliance with the
18 requirements of these provisions by employees who assist in the performance of functions or activities
19 on behalf of COUNTY under this Agreement and use or disclose PHI and discipline such employees
2 who intentionally violate any provisions of these provisions, including termination of employment.
1 M. Termination for Cause
22 Upon the knowledge by any party of a material breach of these provisions by one
of the other parties,the affected party shall either:
2,1 1. Provide an opportunity for the party that caused the breach to cure the
2 ' breach or end the violation and terminate this Agreement if that party does not cure the breach or end
<, the violation within the time specified by the affected party; or
i 2. Immediately terminate this Agreement if any party has breached a
8 material term of these provisions and cure is not possible.
2281206v1 / 18 621.0001 -16" DBH&FHA MOU-HCD NPLH
1 3. If neither cure nor termination is feasible, the COUNTY Privacy Officer
2 or the FHA designee(s) shall report the violation to the Secretary of the U.S. Department of Health and
3 Human Services.
4 N. Judicial or Administrative Proceedings
5 Any party may terminate this Agreement in accordance with the terms and
6 conditions of this Agreement as written hereinabove, if (1)Any party is found guilty in a criminal
7 proceeding for a violation of the HIPAA Privacy or Security Laws or the HITECH Act; or(2) a
8 finding or stipulation that COUNTY or FHA has violated a privacy or security standard or requirement
9 of the HITECH Act,HIPAA; or other security or privacy laws in an administrative or civil proceeding
10 in which COUNTY and FHA is a party.
11 O. Effect of Termination
12 Upon termination or expiration of this MOU for any reason, FHA shall return or
13 destroy all PHI received from COUNTY(or created or received by FHA on behalf of COUNTY)that
14 FHA still maintain in any form, and shall retain no copies of such PHI. If return or destruction of PHI
15 is not feasible, FHA shall continue to extend the protections of these provisions to such information,
16 and limit further use of such PHI to those purposes that make the return or destruction of such PHI
17 infeasible. This provision shall apply to PHI that is in the possession of subcontractors or agents, if
18 applicable, of FHA. If FHA destroy the PHI data, a certification of date and time of destruction shall
19 be provided to the COUNTY by FHA.
20 P. Disclaimer
�'. I COUNTY makes no warranty or representation that compliance by FHA with
22 these provisions, the HITECH Act, HIPAA or the HIPAA regulations will be adequate or satisfactory
23 for FHA's own purposes or that any information in FHA's possession or control, or transmitted or
24 received by FHA, is or will be secure from unauthorized access, viewing, use, disclosure, or breach.
25 FHA is solely responsible for all decisions made by FHA regarding the safeguarding of PHI.
26 Q. Amendment
2"1 The parties acknowledge that Federal and State laws relating to electronic data
28 security and privacy are rapidly evolving and that amendment of these provisions may be required to
2281206v1 / 18 621.0001 -1 7- DBH&FHA MOU-HCD NPLH
1 provide for procedures to ensure compliance with such developments. The parties specifically agree
to take such action as is necessary to amend this Agreement in order to implement the standards and
requirements of HIPAA, the HIPAA regulations,the HITECH Act and other applicable laws relating
4 to the security or privacy of PHI. COUNTY may terminate this Agreement upon thirty (30) days
written notice in the event that FHA do not enter into an amendment providing assurances regarding
6 the safeguarding of PHI that COUNTY in its sole discretion deems sufficient to satisfy the standards
7 and requirements of HIPAA, the HIPAA regulations and the HI TECH Act.
8 R. No Thud-Party Beneficiaries
9 Nothing express or implied in the terms and conditions of these provisions is
10 intended to confer,nor shall anything herein confer,upon any person other than COUNTY or FHA
11 and their respective successors or assignees, any rights,remedies, obligations or liabilities whatsoever.
12 S. Interpretation
13 The terms and conditions in these provisions shall be interpreted as broadly as
14 necessary to implement and comply with HIPAA,the HIPAA regulations and applicable State laws.
15 The parties agree that any ambiguity in the terms and conditions of these provisions shall be resolved
16 in favor of a meaning that complies and is consistent with HIPAA and the HIPAA regulations.
17 T. Regulatory References
18 A reference in the terms and conditions of these provisions to a section in the
19 HIPAA regulations means the section as in effect or as amended.
20 U. Survival
21 The respective rights and obligations of FHA as stated in this Section shall
2 survive the termination or expiration of this Agreement.
23 V. No Waiver of Obligations
24 No change, waiver or discharge of any liability or obligation hereunder on any
25 one or more occasions shall be deemed a waiver of performance of any continuing or other obligation,
26 or shall prohibit enforcement of any obligation on any other occasion.
H
28
2281206vi / 18621,0001 -18- DBH&FHA MOU-HCDNPLH
2 18. DATA SECURITY
3 For the purpose of preventing the potential loss,misappropriation or inadvertent access,
4 viewing, use or disclosure of COUNTY data including sensitive or personal client information; abuse
of COUNTY resources; and/or disruption to COUNTY operations, individuals and/or agencies that
6 enter into a contractual relationship with the COUNTY for the purpose of providing services under
7 this Agreement must employ adequate data security measures to protect the confidential information
8 provided to FHA by the COUNTY, including but not limited to the following:
9 A. FHA-Owned Mobile, Wireless, or Handheld Devices
10 FHA may not connect to COUNTY networks via personally-owned mobile,
11 wireless or handheld devices,unless the following conditions are met:
12 1) FHA has received authorization by COUNTY for telecommuting
13 purposes;
14 2) Current virus protection software is in place;
15 3) Mobile device has the remote wipe feature enabled; and
16 4) A secure connection is used.
17 B. FHA-Owned Computers or Computer Peripherals
18 FHA may not bring FHA-owned computers or computer peripherals into the
19 COUNTY for use without prior authorization from the COUNTY's Chief Information Officer, and/or
20 designee(s), including but not limited to mobile storage devices. If data is approved to be transferred,
21 data must be stored on a secure server approved by the COUNTY and transferred by means of a
2 Virtual Private Network (VPN) connection, or another type of secure connection. Said data must be
3 encrypted.
24 C. COUNTY-Owned Computer Equipment
25 FHA or anyone having an employment relationship with the COUNTY may not
2 6 use COUNTY computers or computer peripherals on non-COUNTY premises without prior
27 authorization from the COUNTY's Chief Information Officer, and/or designee(s).
2 r3
2281206VI / 18621.0001 -19- DBH&FHA MOU-HCDNPLH
1 D. FHA may not store COUNTY's private, confidential or sensitive data on any
2 hard-disk drive,portable storage device, or remote storage installation unless encrypted.
3 E. FHA shall be responsible to employ strict controls to ensure the integrity and
4 security of COUNTY's confidential information and to prevent unauthorized access,viewing, use or
5 disclosure of data maintained in computer files,program documentation, data processing systems, data
6 files and data processing equipment which stores or processes COUNTY data internally and
7 externally.
8 F. Confidential client information transmitted to one party by the other by means of
9 electronic transmissions must be encrypted according to Advanced Encryption Standards(AES) of
10 128 BIT or higher. Additionally, a password or pass phrase must be utilized.
11 G. FHA is responsible to immediately notify COUNTY of any violations,breaches
12 or potential breaches of security related to COUNTY's confidential information, data maintained in
13 computer files,program documentation, data processing systems, data files and data processing
14 equipment which stores or processes COUNTY data internally or externally.
15 H. COUNTY shall provide oversight to FHA's response to all incidents arising from a
16 possible breach of security related to COUNTY's confidential client information provided to FHA. The
17 FHA will be responsible to issue any notification to affected individuals as required by law or as deemed
18 necessary by COUNTY in its sole discretion. FHA will be responsible for all costs incurred as a result of
19 providing the required notification.
19. AUDITS AND INSPECTIONS
21 The FHA shall at any time during business hours, and as often as the COUNTY may deem
22 necessary, make available to the COUNTY for examination all of its records and data with respect to the
23 matters covered by this Agreement. The FHA shall,upon request by the COUNTY, permit the
24 COUNTY to audit and inspect all such records and data necessary to ensure the FHA's compliance with
25 the terms of this Agreement.
26 The COUNTY shall at any time during business hours, and as often as the FHA may deem
27 necessary, make available to the FHA for examination all of its records and data with respect to the
28 matters covered by this Agreement. The COUNTY shall,upon request by the FHA, permit the FHA to
2281206v1 / 18621.0001 -20- DBH&FHA MOU-HCDNPLH
1 audit and inspect all such records and data necessary to ensure the COUNTY's compliance with the terins
2 of this Agreement.
3 If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be
4 subject to the examination and audit of the Auditor General for a period of three (3) years after final
5 payment under contract(Government Code Section 8546.7).
h 20. DISCLOSURE OF SELF—DEALING TRANSACTIONS
7 Only applicable if the FHA is operating as a corporation (a for-profit or non-profit
8 corporation) or the FHA changes its status to operate as a corporation during this agreement.
9 Members of the FHA's Board of Directors shall disclose any self-dealing transactions that
10 they are a party to while the FHA is providing goods or performing services under this agreement. A self-
11 dealing transaction shall mean a transaction to which the FHA is a party and in which one or more of its
12 directors has a material financial interest. Members of the FHA Board of Directors shall disclose any self-
13 dealing transactions that they are a party to by completing and signing a Self-Dealing Transaction
14 Disclosure Form (Exhibit A) and submitting it to the COUNTY prior to commencing with the self-dealing
15 transaction or immediately thereafter.
16 21. NON-EXCLUSIVE AGREEMENT
17 No provisions of this Agreement shall preclude COUNTY from entering into other
18 agreements/MOD's with other parties for supportive housing related programs and services.
19 22. GOVERNING LAWS
20 The parties agree that for the purposes of venue, performance under this Agreement is to
21 be in Fresno County, California.
22 The rights and obligations of the parties and all interpretation and performance of this
23 Agreement shall be governed in all respects by the laws of the State of California.
24 24. ENTIRE AGREEMENT
25 This Agreement and all exhibits constitutes the entire Agreement between the FHA and
26 COUNTY with respect to the subject matter hereof and supersedes all previous Agreements
27 negotiations, proposals, commitments, writings, advertisements,publications, and understandings of
28 any nature whatsoever unless expressly included in this Agreement.
2281206v1 / 18621.0001 -21- DBH&FHA MOU-HCD NPL11
1
2 IN WI"[`NESS WHF,RF,OF, the parties hereto have executed this Agreement as of the
3 day and year first hereinabove written.
4 FRESNO HOUSING AUTHORITY COUNTY OF FRESNO
5
6 By: I --�^r- By: /
7 Nathan Magsig, Chairman of the Board of
Supervisors of the County of Fresno
8
Print Name: t(-2-iv�C C Date: Zg ao lq
9
10 Title: Executive Director _
ATTEST:
11 Bernice E. Seidel
12 q Clerk of the Board of Supervisors
Date: ' 22 — 1 County of Fresno, State of California
13
14 By:
15
Date: 70-n 18 f�
16
17
By:
18
19 Print Name:
20
Title:
2.1 Secretary of Corporation, or
Any Assistant Secretary, or
2.2_ Chief Financial Officer, or
23 Any Assistant'Treasurer
24
Mailing Address:
25 Fresno Housing Authority
26 1331 Fulton Street
Fresno, CA. 93721 Fund: 0001/10000
27 Phone No.: (559)443-8400 Organization: 56304710
Contact: Executive Director Account: 7295
28
228.1206vl / 18 621.0001 -22- DDH&PHA MOU-HCD NPLH
Supportive Services Plan — Barstow Commons Development
The primary goal of the supportive services plan to support an individual in maintaining
tenancy. The principles of the Supportive Services Plan for the Barstow Commons
Development consist of services that are voluntary, flexible and based upon an
individual's needs.
Overview and Description of Supportive Services
For purposes of the Barstow Commons Development, the Fresno County Department of
Behavioral Health (Department) shall be the designated supportive services provider. It
is the intention of Department to coordinate supportive services with a contracted local
mental health services provider to deliver the required supportive services either on site
or off site at the Barstow Commons Development, dependent upon needs of the
individual tenants. The Department's selection of a contractor to provide the supportive
services will be consistent with Fresno County guidelines for contract procurement.
Once a supportive services provider is selected, a revision to the Barstow Commons
Supportive Services Plan will be submitted to HCD identifying the supportive services
provider including that provider's experience and qualifications.
Target Population Narrative
Individuals targeted for housing within the Barstow Commons Development will be
homeless individuals considered to be Chronically Homeless, Homeless, or At Risk of
becoming Chronically Homeless, living with complex and long-term social and mental
health conditions. Each individual's history of homelessness and lived experience will
require an individualized approach to assessment of strengths, needs and goals. As a
long-standing member of the Fresno-Madera Continuum of Care (FMCoC), the Fresno
County Department of Behavioral Health (Department) has gained extensive knowledge
and understanding of individuals experiencing various types of homelessness in Fresno
County as well as neighboring Madera County. Many of these individuals live with a
severe mental illness or a severe emotional disturbance and/or co-occurring substance
use disorder and are at high risk of severe health complications, including death, if they
remain disconnected from housing, health services, and the community. Given the high
risk of severe health complications of the Chronically Homeless, Homeless and the At-
Risk of Chronic Homeless, the Department intends to focus upon providing NPLH
permanent supportive housing to these populations.
Also included in the target population of Chronically Homeless, Homeless and At-Risk
of Chronic Homelessness are adults who are transitioning from institutions. Such
institutions include places of custody for justice-involved individuals such as jail, prison,
and juvenile detention centers. Institutions also include places of institutional behavioral
health care including a state hospital, psychiatric health facility, psychiatric or behavioral
health hospital or unit, hospital emergency room, institute for mental disease, mental
health rehabilitation center, skilled nursing facility, developmental center, residential
treatment program, residential care facility, community crisis center, board and care
facility, or foster care setting.
When individuals in Fresno County have a serious mental illness and experience
homelessness, their ability to participate meaningfully in their treatment and recovery
can be compromised. As a result, after extended periods of instability in housing and
difficulty accessing supportive services or treatment, they often experience acute
psychiatric crisis requiring institutional care settings. Some also experience
involvement with law enforcement resulting in incarceration. The lack of inventory of
permanent supportive housing in Fresno County currently results in an unfortunate
cycle of release from institutional settings right back into homelessness and instability.
By supporting eligible individuals to enter the Barstow Commons Development, the
Department hopes to end this vicious and damaging cycle for these individuals.
To identify and determine homeless individuals having the highest health risk and the
most need of housing, specifically, those individuals defined as Chronically Homeless,
Homeless or At-Risk of Chronic Homelessness, the FMCoC utilizes a Coordinated Entry
System (CES). The CES has recently attained limited functionality but has
demonstrated effective collaboration amongst the membership of the FMCoC: homeless
serving organizations who function to assist homeless individuals. During 2018, the
CES went through an extensive development and building process, making real-time
adjustments while functioning to screen/assess homeless individuals the most at-risk of
serious health complications. Formal protocols of the CES for the FMCoC were
submitted to the United States Department of Housing and Urban Development (HUD)
in early 2018. Familiarity, experience and practical ongoing application of the current
CES within the FMCoC serves as a platform for how homeless individuals will be
identified, screened, assessed, matched, and housed within the Barstow Commons
Development. The Department is an active and engaged member of the FMCoC.
With program resources, the Department's efforts will be greatly enhanced, allowing for
a much needed increase in permanent supportive housing units for CES-identified
homeless individuals.
TENANT OUTREACH, ENGAGEMENT, AND RETENTION STRATEGIES
The primary goal of an effective supportive services plan is to support and help an
individual maintain their housing. The existing principles of the Department's supportive
services plan, currently in place in permanent supportive housing developments in
Fresno County, support this goal by making available voluntary, flexible services to
tenants that are designed around the needs of each individual tenant residing at the
Barstow Commons Development.
Outreach
In terms of outreach, Fresno County currently utilizes an extensive network of local
organizations and services to reach out and connect with homeless individuals. This
outreach is designed to connect with homeless individuals and provide them with
knowledge and awareness of available housing services. Outreach efforts serve as a
non-intrusive means to introduce homeless individuals to options for housing, supports,
resources, and services. Connection to and continuous follow up by outreach teams
serves to build trust between outreach staff and the homeless which leads to better
outcomes for homeless individuals. The following are examples of current homeless
outreach efforts in Fresno County, which is committed to utilizing this multi-agency
collaboration to find and connect with persons experiencing homelessness, with the
goal of connecting them to housing and supporting them to maintain housing. This
outreach effort will be applied to all permanent supportive housing developments
resulting from NPLH funding.
HERO Team
Mental health service provider WestCare, and its subcontracted partners, Turning Point
of Central California, Poverello House and Fresno Economic Opportunities
Commission, employ Outreach/Navigators (HERO Team) to work alongside the Fresno
Police Department's Homeless Task Force. Both teams respond to requests for street
outreach and assessments generated from the City of Fresno and coordinate with all
MAP Points and other housing and support services. These services and interventions
focus on removing barriers and connecting people experiencing homelessness to
supportive services that will facilitate housing stability.
The Homeless Engagement Resource and Outreach (HERO) Team provides outreach,
identification, assessment and navigation services for individuals and families
experiencing chronic homelessness within the City of Fresno. The goal is to quickly
provide stability in permanent housing for individuals and families experiencing a
housing crisis and/or homelessness.
Outreach engagement, assessment, navigation, and case management services are
conducted on a regular, ongoing basis throughout the City of Fresno with an emphasis
on areas identified by the Homeless Task Force. Outreach/Navigators are responsive to
assessments generated from the City of Fresno, the Homeless Task Force and engage
the homeless, conduct the VI-SPDAT assessment, provide brief interventions, link
individuals to support services through the City, County and various community social
services agencies. In 2018, the HERO Team had contacts with 488 homeless
individuals in the City of Fresno. Housing services are coordinated through the
Community Coordinator utilizing the Coordinated Entry System (CES) for housing
prioritization. Existing resources are being maximized including the use of temporary
shelter or bridge housing until homeless individuals can be placed in permanent
housing.
The HERO Team works collaboratively with the Fresno Police Department's Homeless
Task Force and the City of Fresno to ensure coverage schedules meet the
requirements of all parties, including the people served. Shifts are covered seven days
per week with varying staffing levels to provide sufficient coverage.
Department of Behavioral Health PATH Program
Operated by Kings View Behavioral Health, the PATH program is aimed at outreaching
to individuals in Fresno County who are homeless and have a serious mental illness
and linking them to available housing resources, medical care, mental health and social
services. Staff goes to where the homeless are located and engage them in an effort to
assess their behavioral health needs, housing needs, and other needs, ideally linking
them with housing, supports, resources and services. Kings View Behavioral Health
dedicates 2 full time staff to provide homeless outreach. During 2018, 312 homeless
individuals were engaged by Kings View outreach staff. Of those engaged, 263 received
Outreach, Engagement and Linkage services or were able to self-resolve and find
housing through natural supports.
Department of Behavioral Health Fresno County Multi-Agency Access Program (MAP)
Operated by several contracted community-based organizations located in both urban
and rural areas of Fresno County, the MAP is a one-stop location where individuals
participating in a comprehensive screening of needs across numerous life domains
(housing, health, employment, benefits, social services) and, with support of MAP
Navigators, develop an Action Plan for linkage to various community services, including
housing. If an individual comes to MAP in need of housing, an additional screening is
conducting using the Vulnerability Index - Service Prioritization Decision Assistance
Tool (VI-SPDAT) to determine risk and prioritization. The MAP Navigator then facilitates
a referral to the CES. During 2018, the MAP referred 257 individuals to the CES for
housing assistance.
Crisis Intervention Teams
In the Department's efforts to divert individuals with a serious mental illness from ending
up in the justice system, a robust partnership with local law enforcement agencies has
developed. The Department has supported local law enforcement agencies to receive
crisis intervention training. In addition, in both the metropolitan and rural areas of the
county, the Department has partnered mental health clinicians with law enforcement
agencies for a co-response to behavioral health related calls for law enforcement. The
behavioral health clinicians and officers often encounter persons experiencing
homelessness and the model of a co-response affords an enhanced approach to
ensuring that individuals are screened and linked to services including housing
resources, health services, social services and if appropriate, diverted from the criminal
justice system.
Jail Diversion Program
The Department is currently in the process of working with the Department of State
Hospitals (DSH) to fund local Fresno County Jail Diversion Programs for persons
experiencing a serious mental illness, which has resulted in felony charges pending.
Individuals granted diversion from the Court are able to participate in an array of
treatment and support services to address the psychiatric and other life factors, which
led to justice involvement. Currently, a barrier to stability for many of these individuals
with serious mental illness is their housing instability. Many are homeless at the time of
their offense and many others have a history of experiencing homelessness with
ongoing housing instability. The Jail Diversion Program would refer to the CES to
access permanent supportive housing for those individuals who are eligible for NPLH
housing.
Engagement
Consistent and non-intrusive presence of supportive services staff allows for ample
opportunities for supportive services staff to support and assist tenants in their transition
from homelessness to housing stability. Recognizing the challenges of this transition,
the types and frequency of engagement strategies shall be determined based upon the
individual tenant's strengths and needs with respect to their own recovery. Consistent,
frequent, and non-threatening contacts with tenants will be made to establish a
supportive and trusting relationship with all tenants of the Barstow Commons
Development, including tenants in pre-contemplative stages of change. Current
nonintrusive engagement strategies in the Department's existing permanent supportive
housing programs include daily "coffee talks" that allow tenants the freedom and
flexibility to engage in casual conversations with supportive services staff as well as
other tenants. Coffee talks include peer support staff having a lived experience similar
to the tenant which facilitates a more comfortable engagement experience, leading to
trust building and improved tenant engagement.
The Department is committed to providing all supportive services staff with training
related to evidence based practices proven to result in improved housing stability and
tenant retention. The Department's commitment to evidence based practices includes
all supportive services staff being trained in the Housing First model, in which tenant
engagement in services is voluntary and not tied to tenancy. All supportive service staff
have been trained in the assertive engagement strategy of Motivational Interviewing,
designed to engage those tenants who may initially decline supportive services.
Training in the Harm Reduction model, Cognitive Behavioral Therapy (CBT) and
Trauma Informed Care have been implemented by the Department for supportive
services staff in an effort to increase housing stability for tenants and improved health
outcomes for individuals living in Fresno County's permanent supportive housing. It is
the Department's intention to continue its commitment to training staff in new permanent
supportive housing programs as they are developed.
The Department has also designed, adopted and implemented a system of "Guiding
Principles of Care Delivery" (attached) that dedicate the Department to supporting the
wellness of individuals, families and communities in Fresno County who are affected by
mental illness and/or substance use disorders. The Guiding Principles provide the
framework that influences the Department's decision-making on all aspects of care
delivery including program design and implementation, service delivery, training of the
workforce, allocation of resources, and measurement of outcomes. Principle Three
states self-determination and self-direction are the foundations for recovery; that
individuals must lead the process of identifying their own strengths, needs and
preferences; that the service provider assists the individual in identifying pathways to
recovery, and that the individual, with the assistance of the service provider, determines
the services and supports they receive. As supportive service staff endeavor to ensure
services are available to NPLH tenants within a framework of a voluntary service model,
the Guiding Principles will provide the foundational culture of service-delivery to help
supportive service staff assist NPLH tenants in maintaining their housing tenancy.
Retention
Any measure of success of a supportive housing program is directly related to a
tenant's housing stability and retention. One measure of effectiveness and success is
indicated and demonstrated in the length of time tenants remain housed. The outcome
of a tenant's long term housing stability is positively influenced by an effective and
healthy relationship between the property manager and the supportive service provider
in jointly creating a living space and service model that tenants experience as safe,
engaging and meaningful.
In 2011, the Department and the NPLH development sponsor for Fresno County
(Fresno Housing Authority) entered into a relationship as supportive services provider
and property manager for three permanent supportive housing developments in Fresno
County. Through various experiences at those housing sites, the relationship has
grown and matured over time and several key takeaways have been identified.
Understanding and learning from this collaborative experience has readied the
Department and Fresno Housing Authority to create new developments, using NPLH
funding, to provide permanent supportive housing environments in which the tenants
are respected, treated fairly, supported and encouraged. Some of our key takeaways
and commitments to our ongoing partnership include:
• Communication (both written and verbal) between property management and
supportive services must remain open, frequent and constant.
• Property management and supportive services must meet weekly, at minimum,
to share information, successes, concerns, and challenges. Routine meetings
help to ensure that a tenant at risk of eviction has a comprehensive plan for
support and that both the property manager and supportive services team are
working with the tenant to ensure lease compliancy.
• Ensure clarity of roles and responsibilities of property manager and supportive
services, ensuring expectations are known to all staff.
• Recognize challenges and healthy tensions exist between property management
and supportive services as overlap of roles can occur and work to collaborative
address and work though these together.
• Property manager, supportive services and tenants must collaboratively establish
individualized plans to assist tenants in obtaining the appropriate support and
services they need and desire to maintain their permanent housing.
Other methods of ensuring tenant retention currently utilized by Fresno County include
case management follow up with tenants who have exhibited behaviors that could lead
to lease violations, as well as establishing payment plans for late rent, providing the
tenant with a degree of flexibility and ownership of their payment responsibility.
Additionally, for those tenants who have chosen to engage in behavioral health
treatment services, the supportive services staff work collaboratively with the tenant and
their treatment team to ensure a consistent and unified plan for recovery services.
The Department's crisis stabilization center, operated by Exodus Recovery, also
provides 24/7 access to crisis support and services to tenants exhibiting crisis related
symptoms. Tenants can call or walk-in any time of day or night.
These takeaways, experiences, programs and services will be available to all
permanent supportive housing tenants within Fresno County, including those funded
with NPLH funds. The Department's permanent supportive housing programs are
designed to ensure that all tenants have available resources and supports to foster
housing stability and tenant retention.
Supportive Services
The Department will coordinate, provide oversight to and ensure the availability of
supportive services for Barstow Commons tenants. Supportive services will be
voluntary and flexible, meeting individual tenant's needs.
Fresno County's Mental Health Services Act (MHSA) Three Year Plan and Annual
Update includes California State Department of Health Care Services (DHCS) approved
component plans and funding for a variety of specific programs which provide a wide
array of services and supports including prevention, early intervention, and treatment
and supportive services. These programs and services include outreach and
engagement, integration of physical health and mental health, co-occurring integrated
services, peer support services, wellness and recovery programming, continuously
expanding cultural humility, cultural and linguistic competence, and collaborative
partnerships with law enforcement agencies, behavioral health courts, emergency
departments, community based organizations, and other community partners. The
services provided by the Department and the Department's network of providers are
designed to meet the unique challenges of individuals who have co-occurring mental
health and substance use disorders.
In addition to the NPLH funded programs and activities, Fresno County's MHSA
Community Services and Supports (CSS) funding will be leveraged to address the
wellness and recovery needs of Barstow Commons tenants to ensure that they have the
opportunity to live, grow and recover within the community. More specifically, these
services shall include, but not be limited to crisis intervention services, supported
employment and vocational services, substance use disorder support and treatment
and permanent housing. The Department provides a variety of outpatient treatment
services, which include specialty services for Latino, Asian Pacific Islanders, Older
Adults, and other unique populations. The Department also operates a Supportive
Employment and Education Services (SEES) program in partnership with the State
Department of Rehabilitation that will lead the vocational and employment support piece
made available to Barstow Commons tenants. Further, the Department works closely
with Fresno County law enforcement agencies to make use of Crisis Intervention Teams
(CIT) to assist first responders when they encounter persons who have behavioral
health needs and to support them in developing sensitivity and to help de-stigmatize
behavioral health and to reduce discrimination against individuals living with behavioral
health disorders. The Department also has developed extensive peer and family
support resources in the community that will be leveraged as part of the fabric of
supportive services to be available to every Barstow Commons tenant.
The Department, in collaboration with a variety of contracted partners, including Full
Service Partnership providers, will make available the supportive services necessary to
support Barstow Commons tenants in remaining housed. Key supportive services will
utilize the Recovery Model to make available support to Barstow Commons tenants
living with serious mental illness. Available supportive services will include, but may not
be limited to:
• Case management and coordination/provision of supportive services;
• On-going assessment of needs and response to services;
• Education to tenants regarding their individual behavioral health condition(s);
• Behavioral health management efforts directed to assist tenants to manage their
wellness, create plans of action, and to identify personal patterns in order to
maximize results of their recovery services and supports;
• Coordination of services, including linkages to primary health care, mental health
care, substance abuse services, and peer support;
• Coordination and securing appropriate permanent housing;
• Engagement of family and other supportive individuals;
• Team support building to include tenant council, recreational activities, social
activities, and positive relationship building;
• Psychological supports to help tenants accomplish personal goals and to develop
strategies to deal with challenges;
• Benefits counseling and advocacy to assist tenants in accessing and securing
any benefits of which they made be eligible, including Medi-Cal enrollment and
Social Security benefits (SSI/SSP);
• Life-skills development services and support to include: personal care and
hygiene, housekeeping, nutritional meal preparation, grocery shopping, money-
management, and how to access and use public transportation;
• Clinical support services including assistance with accessing, understanding, and
utilizing all aspects of an individualized treatment plan, including but not limited to
medication services, case management, therapy, psychiatric rehabilitation, and
peer support.
TRANSPORTATION PLAN
For off-site supportive services not provided at the Barstow Commons development, the
Department will support Barstow Commons tenants by making transportation available
to treatment appointments, recovery supports including the Wellness Center and the
Holistic Center, and other self-directed recovery-focused services. Supportive services
staff will provide transportation for Barstow Commons tenants directly. Department
funded vehicles will be accessible to staff at each site. Where appropriate for a tenant's
chosen recovery strategies, Department funded access to public bus transportation will
be made available. For those Barstow Commons tenants who would like to use the
public bus transportation, but who need support to do so, the supportive services staff
will accompany the tenant for support and/or coaching until such time as that support is
no longer needed or desired.
Any permanent supportive housing in Fresno County that results from NPLH funding will
be located within close proximity to public bus transportation. The Department realizes
the vast majority of Barstow Commons tenants will not own a vehicle and therefore rely
on public transportation. For those tenants, being close to public transportation is vital
and will provide freedom and flexibility to attend to daily activities such as appointments,
visits with family/friends, shopping, post office, library, etc.
Currently, the Department's existing permanent supportive housing sites provide
transportation via Department vehicles assigned to housing sites, or by making bus
tokens available to tenants. This benefit to tenants is a popular one and is an
expectation of the tenant. This benefit will continue at the Barstow Commons
development in Fresno County.
SERVICES COMPETENCY
The Department recently published the document titled, "Fresno County Department of
Behavioral Health Culturally Responsive Plan With Humility." This document meets the
requirements to fulfill the Department's mandate to have a Cultural Competency Plan,
but above that and more important to our Department, this plan provides a framework
and strategy to ensure that all services are delivered in a culturally and linguistically
appropriate manner for persons of all races, ethnicities, sexual orientations, gender
identifies and gender expressions. One of the cornerstones of the plan ensures all staff
and providers are afforded with professional development opportunities which enhance
their cultural humility and effectiveness in working with our diverse community. For
example, all staff attend annual multi-cultural competency training. The Department also
recognizes the importance of ensuring that services are provided in the preferred
language of the person receiving services; this includes our supportive services in
permanent supportive housing. The Department's hiring practices reflect Fresno
County's diverse population, resulting in staff representative of the cultures of the three
threshold languages in Fresno (Spanish, Hmong, and English) as well as various other
cultures and languages within Fresno County. This broad representation of numerous
cultures, languages and sexual orientations greatly enhances the Department's ability to
empathize, understand and better serve individuals seeking services provided by the
Department, including Barstow Commons tenants.
As mentioned prior, the Department employs bi-lingual staff who self-report cultural
identification congruent with our very diverse community. The Department's contracted
providers also work to ensure that staff are reflective of the community. The Barstow
Commons Development will be staffed by a diverse group of personnel. In any
circumstances in which a staff member does not speak the preferred language of a
person receiving services, the Department and our network of contracted providers
utilizes trained and certified interpreters. These interpreters are accessible across the
community, including permanent supportive housing sites to ensure that services are
provided in a culturally responsive manner. The Department also contracts for American
Sign Language interpreters to ensure that those with hearing impairments who
communicate with American Sign Language have full access to services and supports.
In addition to the strategies mentioned above, the Department provides written
materials in the three threshold languages of English, Spanish, and Hmong, and can
provide required documents in large font or braille for persons with visual impairments.
The Barstow Commons supportive services staff will work with tenants to establish
Tenant Council meetings. These meetings provide a structured, tenant-driven process
by which tenants will partner with the property manager and supportive services
provider to co-create the culture, community, and site/program specific expectations.
Barstow Commons tenants will be supported to establish specific additional procedures
to ensure their voice is heard and their input is considered in decision-making. The
Barstow Commons property manager and supportive services staff will participate
together in weekly meetings for shared planning, consultation, problem-solving, and
review and discussion on all operational matters.
The property management staff and supportive services staff at the Barstow Commons
Development will have a current organizational chart for each agency, including email
addresses and phone numbers for all staff, supervisors and managers in each agency,
so that any issues needing attention can be addressed timely and elevated when
necessary.
Executive level leadership from the Housing Authority and the Department will meet, at
minimum, quarterly to review the Barstow Commons programs' successes, challenges,
and progress and to jointly make decisions regarding policy changes, site
enhancements, or changes in directions for the staff of both agencies.
COLLABORATION OF SUPPORTIVE SERVICES AND PROPERTY
MANAGEMENT STAFF
To foster collaboration between supportive services staff and property management
staff, weekly meetings will be held where strengths, needs, and individualized plans for
Barstow Commons tenants will be reviewed. This is a must for both parties to meet eye
to eye and remain connected and current on concerns with Barstow Commons tenants,
property inspections, complaints and community events. Such collaboration was
implemented locally in 2011 within the Department's three permanent supportive
housing programs in partnership with the Fresno Housing Authority. Experiences over
time and lessons learned have modified how collaboration occurs locally, resulting in an
improved, more effective process for staff and better outcomes for tenants. This
improved collaborative process will serve as a model for the Barstow Commons
development in Fresno County.
To address any urgent tenant issues at the Barstow Commons Development, staff will
connect either in person or by phone to discuss the issue and, if needed, create a new
or modified individualized supportive services plan with a tenant. Property management
staff and supportive services staff will work as a unified team and will meet weekly to
support Barstow Commons tenants to reach their goals. When behaviors or other
challenges place a tenant at risk for eviction, property management staff will
immediately communicate with the supportive services staff. Both property management
and supportive services will jointly develop policies, procedures, and protocols for the
Barstow Commons development. This documentation will be mutually agreed upon and
revised as needed. Further, communication and understanding roles of property
management and supportive services will be improved through cross-training of
property management staff and supportive services staff. With a clear understanding of
roles and responsibilities between supportive services and property management, the
end goal of such communications will be to support and ensure Barstow Commons
tenants remain housed.
Another measure of the efforts of property management staff and supportive services
staff to assist qualified individuals in securing and maintaining Barstow Commons
housing is the recognition and acknowledgment that the individual tenant lives with a
severe mental illness or serious emotional disturbance, and may have other conditions
resulting in disability. For such reason, the Barstow Commons applicants must be
provided with reasonable accommodation in rules, policies, practices and services to
ensure equal opportunity to use and enjoyment of the property, supportive services, and
other associated activities. To ensure the Barstow Commons development offers the
most opportunities to house eligible applicants, a Memorandum of Understanding
(MOU) will be formally executed between the Fresno Housing Authority as the property
manager and the Department (the supportive services provider). The MOU will include
language which requires the unique circumstances and conditions of each Barstow
Commons tenant will be considered and that reasonable accommodations will be made.
Such reasonable accommodation ensures Barstow Commons applicants are provided
with every opportunity to succeed in securing housing and retaining tenancy.
Principle Nine of the Department's Guiding Principles of Care Delivery is titled, "Stages
of Change, Motivation, and Harm Reduction." Within this principle, the Department
asserts that interventions are motivation-based and adapted to the client's stage of
change; progression though stages of change are supported through positive working
relationships and alliances that are motivating; providers support individuals and
families to develop strategies aimed at reducing negative outcomes of substance
misuse though a harm reduction approach; and each individual defines their own
recovery and recovers at their own pace when provided with sufficient time and support.
This principle provides the foundation for training of staff in harm reduction and in the
development of skills to support tenants. The Barstow Commons Development will not
have any requirements associated with tenants choices related to substance use. Staff
will support tenants in understanding ways in which use of substances may impact their
individual behavior and decision-making. Staff will support tenants to understand the
types of behaviors and decisions which may place a person at risk for a lease violation
and will support tenants to reduce their individual risks of lease violations. All
supportive services plans will be individualized to a tenant's needs and preferences.
Staff will be trained in motivational interviewing, an evidence-based, directive, and
person-centered approach to helping individuals to explore and resolve ambivalence
and consider change.
COMMUNICATION PROTOCOLS
To ensure the Barstow Commons Development offers the most opportunities to house
eligible applicants, specific rules will be put in place to ensure effective communication
between both the property manager and the supportive services provider. In particular,
a Memorandum of Understanding (MOU) will be formally executed between the Fresno
Housing Authority as the property manager and the Department as the supportive
services provider and will include language, which clearly communicates the roles and
responsibilities of both parties. The MOU will be reviewed regularly and both the
Fresno Housing Authority and the Department commit to utilizing the strengths of the
MOU to guide decisions related to communication between both parties. Fresno
County's permanent supportive housing development experience has provided an
appreciation to both property management and supportive services on the importance
of formal written policies and procedures.
PROJECT PHYSICAL DESIGN
The physical design of the Barstow Commons development recognizes individuals living
with a severe mental illness or severe emotional disturbance that are Chronically
Homeless, Homeless or At-Risk of becoming Chronically Homeless have experienced
trauma. The physical design of the Barstow Commons development responds to this by
creating an environment intended to foster community growth and welcoming
engagement through trauma-informed design that allows for more comfortable space,
interaction, communication and support amongst tenants and service
providers. Trauma-informed designed living spaces promote physical, mental and
social health. This approach realizes how the physical environment affects individuals,
recognizing that it can have physiological and emotional impact upon individuals. The
site design includes expanded, open community space for tenant interaction, services
and overall community involvement within the living space. The focus of the design is
on the center of the living space, where there is naturally lighted open space and
community meeting space. Space will also be available for supportive services having
a comfortable room feel rather than formal office design. Calming and soothing colors
reminiscent of nature are incorporated into the physical design and used throughout the
living space, helping tenants remain connected to their natural environment. Evidence
demonstrates soothing colors help to calm individuals. Where possible, curvilinear
rather than hard, sharp lines and edges will be used, including furniture and hallways.
Universal designed user-friendly, durable fixtures, equipment and furnishings will also
be utilized in the project's physical design. To emphasize the feel of a living space and
minimize an apartment feel, maintenance and storage space will be re-located away
from the living space. With a client-centered approach to wellness that focuses on a
calming open space with much natural light, the design will foster a comfortable,
welcoming community space that enhances interaction of Barstow Commons tenants
and service providers.
OTHER ADDITIONAL INFORMATION
In 2016, the Department contracted with community research consultant Harder and
Company to assist the Department in creating an inventory of housing options available
to individuals utilizing Department services and a needs assessment to help guide the
Department in strategic planning associated with housing for the persons served.
Among the goals of this inventory and needs assessment project was to identify and
demonstrate gaps in the Department's available housing services, including supportive
services, and to develop recommendations the Department could implement to address
those gaps. With the Department's commitment to taking a deeper dive into identifying
and understanding the type and amount of available housing as well as where
needs/gaps existed, much discussion occurred within the Fresno community related to
supportive housing. In particular, the need for increased inventory of permanent
supportive housing for homeless individuals seeking services of the Department was a
top priority in discussions. Through this process, the Department's Housing Task Force
was created and consists of Department staff, contracted service providers, homeless-
serving organizations and community members. The first meeting of the Housing Task
Force was used to prioritize the findings and recommendations of the Housing Inventory
and Needs Assessment Report and the development of new permanent supportive
housing projects and programs was a top priority. The Housing Task Force keeps the
spotlight on activities that will lead to increased permanent supportive housing options
in Fresno County.
In 2017, the Department secured services of the Corporation for Supportive Housing
(CSH) to perform an extensive review of the Department's permanent supportive
housing. The intent of the review was twofold: to determine how well the Department's
efforts aligned with permanent supportive housing principles, including the Housing First
voluntary service model, and to provide recommendations to enhance the Departments
efforts and align with evidence based practices. The Department sought this program
evaluation in anticipation of the potential to develop new permanent supportive housing
projects/programs. The Department was interested in learning what was working, what
needed improvement or change, and how to go about implementing any needed
change. Ultimately, the Department wanted to ensure staff were trained properly and
tenants were receiving high quality supportive services that assisted them in housing
stability and retention and to receive consultation and guidance, which would inform the
Department of future supportive housing development opportunities. Findings of the
CSH review and evaluation prompted training for supportive services and property
management staff in a number of permanent supportive housing evidence based
practices including Housing First, Tenant Engagement, Landlord Engagement and
Motivational Interviewing.
Another outcome was an increase in the frequency of meetings with supervisory
personnel in property management and supportive services, documentation of roles and
responsibilities, and a plan to update the MOU between the property manager and
supportive services provider. The outcome of the recommendations in the CSH review
has resulted in a more informed and effective supportive service component within the
Department positioned to provide quality and engaging supportive services to Barstow
Commons tenants.
In addition to training the current staff and enhancing documentation of roles,
responsibilities and policies, another recommendation from the CSH review and
evaluation was to develop a Housing Institute to support new supportive housing
developments in Fresno County. At this time, the Department is negotiating with CSH to
facilitate a Fresno Housing Institute during 2019. The Institute will bring together
interested supportive service providers, supportive housing developers and property
managers to serve as supportive housing development teams. The Institute provides
highly structured, curriculum based, intensive training modules involving various
aspects of what is needed to develop permanent supportive housing. CSH will facilitate
this 6-month long Institute and all members must commit to completion of the Institute,
which will result in a well-crafted permanent supportive housing development plan,
ready for application when future funding becomes available.
In 2018, as part of the Department's commitment to professional development of our
permanent supportive housing staff, our housing staff attended the CSH Housing
Summit in Los Angeles. The opportunity to convene with supportive housing staff and
property managers from all areas of the country afforded the staff the opportunity to
expand their knowledge, generate ideas, and reflect on ways to improve outcomes for
the tenants they serve. The knowledge also supported Department personnel in
preparing to expand permanent supportive services in our county moving forward.
As a way of measuring and evaluating the outcomes of supportive services made
available to Barstow Commons tenants, the Department intends to utilize the CSH
model "Dimensions of Quality Supportive Housing." At its most basic form, supportive
housing focuses upon improving the lives of tenants. It is important to measure efforts of
supportive services but measurements have no real value if the effort doesn't produce
improved outcomes for tenants. The CSH Dimensions of Quality track outcomes that
have been proven successful in supportive housing such as:
• The length of time a tenant remains housed.
• Improved physical and mental health of tenants.
• Increased income and employment of tenants.
• Tenant satisfaction with services and housing.
• Tenants being connected to social activities and their community.
It is the Department's intent to incorporate the "CSH Dimensions of Quality Supportive
Housing" model into the evaluation mechanism of the Barstow Commons Development,
to ensure services made available to tenants reflect tenant's needs and lead to
improved health outcomes.
MM CSI-I Project Basics
This budget planning tool is intended to provide organizations with a framework for understanding and planning for service costs in supportive housing.There are 4 drivers
that will impact program budget planning.
1.Staffing Patterns
2.Staffing Cost
3.Rate Structure
4.Productivity
Basic Inputs
Are tenants new to supportive housing? Yes
What rate/reimbursement structure will you be using? Per Member Per Month
Show the Following Service Staffing Models in Summary Table?
Assertive Community Treatment No
Critical Time Intervention Yes
Intensive Case Management No
Tenancy Support Service Coordination(SH Case Management) No
Assertive Community Critical Time Intensive Case SH Tenancy Support
Summary Table Based on Inputs(Staffing Model Tabs 3-6 Treatment Intervention Management Services
Number of FTE Employees 6
Annual Program Budget $474,138
Total Number of Tenants 21
Total Units of Service,based on a standard 15 minute unit of service 13,260 See Assumptions rah fin f ether d—I
Cost Per Unit $35.76
Per Tenant Per Month Cost $1,881.50
Per Tenant Per Year Cost $22,577.98 . 73
CSH recommends the additional considerations when using this tool:
1.Organizations should be reviewing salary scales every 3-5 years in your local area to ensure budgeted salaries are meeting or exceeding the local labor market standards
2.As organizations explore a varierty of reimbursement strategies,one rate structure alone is unlikely to be sufficient for meeting all program costs due to funding
restrictions and other limitations
3.This tool includes recommended caseload sizes as indicated by evidence based practice.You may add populations or adjust caseload sizes as needed for your organization's
program or specific model.
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