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HomeMy WebLinkAboutAgreement A-20-311 with Mental Health Systems.pdf Agreement No. 20-311 1 AGREEMENT 2 THIS AGREEMENT ("Agreement") is made and entered into as of this 18th day of 3 August, 2020, by and between COUNTY OF FRESNO, a Political Subdivision of the State of 4 California, Fresno, California (hereinafter "COUNTY"), and MENTAL HEALTH SYSTEMS, a 5 California corporation, whose address is 9465 Farnham Street, San Diego, California, 92123, 6 (hereinafter"CONTRACTOR"). 7 WITNESSETH: 8 WHEREAS, COUNTY and CONTRACTOR entered into an Agreement, dated the 25th 9 day of April, 2017 (County Agreement No. 17-135), and First Amendment to Agreement No 10 17-135, dated the 1st day of May, 2018 (hereinafter collectively referred to as the "Original 1 1 Agreement"), pursuant to which CONTRACTOR agreed to create and provide safe, affordable 12 housing for COUNTY'S Department of Behavioral Health (DBH) clients; and 13 WHEREAS, CONTRACTOR provided housing for DBH clients pursuant to the terms 14 and conditions of the Original Agreement; and 15 WHEREAS, COUNTY determined not to extend the term of the Original Agreement 16 beyond June 30, 2020, and provided a written 60-day notice of non-renewal; and 17 WHEREAS, the parties desire to execute this Agreement effective retroactive to May 1, 18 2020, to evidence the intent and actions of the parties for a modification of the Original 19 Agreement to increase compensation to CONTRACTOR from COUNTY for FY 2019-20 for 20 transition costs to close out the Original Agreement on June 30, 2020, based on the terms 21 and conditions of the Original Agreement. 22 NOW, THEREFORE, in considerations of the promises herein, and for other good and 23 valuable consideration, the receipt and adequacy of which is hereby acknowledged, COUNTY 24 and CONTRACTOR agree as follows: - I - 1 1. Notwithstanding anything to the contrary in the Original Agreement, the Original 2 Agreement is attached hereto as Exhibit A and incorporated herein as though its terms and 3 conditions are fully set forth below, and together with the terms and conditions set forth below, 4 constitute the entire agreement and understanding between COUNTY and CONTRACTOR 5 concerning the subject matter hereof for the term hereof, and supersedes all previous 6 negotiations, proposals, commitments, writings, advertisement, publications and 7 understandings of any nature whatsoever unless expressly included in and modified by this 8 Agreement. 9 2. Section Four (4) of the Original Agreement, located on page three (3), line twelve 10 (12) beginning with the word "COUNTY" through page four (4), line three (3) ending with the 1 1 number "($4,454,344.00)", is deleted in its entirety and replaced with the following: "COUNTY 12 shall compensate CONTRACTOR for CONTRACTOR's actual expenditures made in 13 performance of this Agreement that are set forth in Revised Exhibit B — 1 attached hereto and 14 incorporated herein by this reference. 15 The maximum compensation paid by COUNTY to CONTRACTOR under this 16 Agreement shall not exceed the following amounts: (1) For the period May 1, 2017 through 17 June 30, 2017 Seventy-Nine Thousand, Seventy-Nine and No/100 Dollars ($79,079.00); (2) For the period July 1, 2017 through June 30, 2018 Five Hundred Ninety-Three Thousand, Six 18 Hundred Seventeen and No/100 Dollars ($593,617.00); (3) For the period July 1, 2018 19 through June 30, 2019 Nine Hundred Forty-Five Thousand, Four Hundred Twelve and No/100 20 Dollars ($945,412.00); (4) For the period July 1, 2019 through June 30, 2020 One Million 21 Eighty Thousand, Five Hundred Five and No/100 Dollars ($1,080,505.00). The total maximum compensation amount under this Agreement shall not exceed Two 22 Million Six Hundred Ninety-Eight Thousand, Six Hundred Thirteen and No/100 Dollars 23 ($2,698,613.00)." 24 3. That the Original Agreement's "Revised Exhibit B" shall be deleted and replaced - 2 - I in its entirety with "Revised Exhibit B-1", attached hereto and incorporated herein by this 2 reference. All references in the Original Agreement to "Exhibit B" or "Revised Exhibit B" shall 3 be replaced with "Revised Exhibit B-1." 4 4. The term of this Agreement shall commence upon May1, 2020, and shall continue 5 in full force and effect through August 31, 2020 to allow for payment of invoices for services 6 rendered through June 30, 2020. 7 5. Because this Agreement is effective retroactive to May 1, 2020, any services that 8 have been performed, and for which compensation or reimbursement of expenses has been 9 paid, prior to the execution of this Agreement are hereby approved and ratified by the parties. 10 Except as modified herein, the terms and conditions of the Original Agreement are ratified and 11 restated herein in full, and all remaining terms and conditions contained in the Original 12 Agreement, that are not modified herein, shall remain in full force and effect during the term of 13 this Agreement. 14 15 16 17 18 19 20 21 22 23 24 - 3 - I IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above set forth. 3 CONTRACTOR COUNTY OF FRESNO MENTAL HEALTH SYSTEMS 4 5 r 7amfef C JL James C C illaohan Jr faun 10. 020 17:00 PO71 6 (Authorized Signature) Ernest Buddy Mende , Chairman of the Board of Supervisors of the County of Fresno 7 James C Callaghan Jr g Print Name&Title 9 9465 Farnham Street to San Diego,CA 92123 11 Mailing Address ATTEST: Bernice E. Seidel 12 Clerk of the Board of Supervisors County of Fresno, State of California 13 n 14 By: ���, Deputy 15 16 17 1s ORG No.: 56304510 Account No.: 7295/0 19 Requisition No.: 20 21 22 24 -4- REVISED EXHIBIT B-1 New Starts Mental Health Systems May 1, 2020 to August 31, 2020 Budget Categories- Total Proposed Budget Line Item Description (Must be itemized) FTE % Admin. Direct Total PERSONNEL SALARIES: Program Manager 0.55 $49,228 $49,228 Administrative Assistant 0.68 $25,350 $25,350 Vice President 0.08 $7,702 $7,702 Housing Specialist 1.00 $43,101 $43,101 Case Manager 0.03 $1,244 $1,244 Program Financial Manager 0.02 $1,524 $1,524 Program Financial Analyst 0.08 $4,865 $4,865 SALARY TOTAL 2.43 $133,014 - $133,014 PAYROLL TAXES: FICA/MEDICARE $9,462 $0 $9,462 SUI $583 - $583 PAYROLL TAX TOTAL $10,045 $0 $10,045 EMPLOYEE BENEFITS: Retirement $4,153 $0 $4,153 Workers' Compensation $904 - $904 Health Insurance (medical, vision, life, dental) $21,063 $0 $21,063 EMPLOYEE BENEFITS TOTAL $26,120 $0 $26,120 SALARY& BENEFITS GRAND TOTAL $169,179 FACILITIES/EQUIPMENT EXPENSES: Rent/Lease- Client Housing $693,966 Rent/Lease-Admin Office $56,102 Utilities $14,506 Building Maintenance $12,213 Equipment Maintenance $178 Furniture see breakdown on Exhibit C $57,899 FACILITY/EQUIPMENT TOTAL $834,864 REVISED EXHIBIT B-1 New Starts Mental Health Systems May 1, 2020 to August 31, 2020 Budget Categories- Total Proposed Budget Line Item Description (Must be itemized) FT E % Admin. Direct Total OPERATING EXPENSES: Telephone $5,999 Postage $521 Office Supplies & Equipment $2,343 Household Supplies $94 Program Supplies $8,000 Transportation of Clients $500 Staff Travel $1,599 Licenses/Taxes $1,172 Other Business Services $876 Software Expense $396 OPERATING EXPENSES TOTAL $21,500 FINANCIAL SERVICES EXPENSES: Indirect Costs $152,806 FINANCIAL SERVICES TOTAL $152,806 TOTAL PROGRAM EXPENSES $1,178,348 LESS: OTHER REVENUE Client Rent Revenue $97,843 OTHER REVENUE TOTAL $97,843 MHSA FUNDS: Community Services & Supports: General Service Deliver Funds $1,080,505 MHSA FUNDS TOTAL $1,080,505 TOTAL CONTRACT REVENUEJ $1,080,505