HomeMy WebLinkAboutProgram Funding Agreement Fresno County and Advocates for Human Potential Inc. .6-4-25-pdf.pdf PROGRAM FUNDING AGREEMENT
CALIFORNIA DEPARTMENT OF STATE HOSPITALS
INCOMPETENT TO STAND TRIAL DIVERSION AND COMMUNITY-BASED
RESTORATION INFRASTRUCTURE PROJECTS
SUMMARY COVER SHEET
Program Funding 7553-CA IST-CA-FRESNO-CO-10
Agreement ID
Program Agreement March 11, 2025
Effective Date:
Program Funding ADVOCATES FOR HUMAN POTENTIAL, INC., a Massachusetts
Agreement Manager: corporation ("AHP")
490-B Boston Post Road, Sudbury,MA 01776-3365
Tel: (978) 443-0055 ♦ Fax: (978)261-1467
AHP Contracting Officer: Reshma Ryan, Acting General Counsel
Tel: (978)443-0055 /legalnotices@ahpnet.com
AHP Designated Representative: Sheronna Quinine, Program Director
Tel: (323) 629-4430 1 squinine@ahpnet.com
County: FRESNO COUNTY, a political subdivision of the State of California,
acting through its Department of Behavioral Health
Contracting Officer: Susan Holt
1925 East Dakota Avenue, Fresno, California 93726, United States
Tel: 559-600-9058 (o) I sholt@fresnocountyca.gov
Designated Representative: Preetinder Sanghera
1925 East Dakota Avenue, Fresno, California 93726, United States
Tel: 559-600-6840 (o) I psanghera@fresnocountyca.gov
Prime Contract California Department of State Hospitals
Identification: Agreement No.: 22-79017-000
Contract Title: Incompetent to Stand Trial, Diversion and Community-
Based Restoration Infrastructure
Contract Type: Deliverable Based Type Contract
Period of Performance: Effective Date through June 30, 2028
Consideration/Budget: Infrastructure, Acquisition, Down Payment, Rehabilitation, New Ground-
Up Construction, and/or furniture, fixtures, and equipment Not to Exceed
$13,125,000.00
Program Funding Agreement Cover Sheet
(This Page is not part of the Program Funding Agreement and is for Summary/Reference
Purposes Only)
Agreement No. 25-087
This Program Funding Agreement (the "Agreement") is entered into
March 11, 2025 (the "Effective Date") by and between ADVOCATES FOR HUMAN
POTENTIAL, INC., a Massachusetts corporation, with offices located at 490-B Boston Post
Road, Sudbury, MA 01776 ("AHP"), and COUNTY OF FRESNO, a political subdivision of
the State of California, acting through its Department of Behavioral Health with offices at 1925
East Dakota Avenue, Fresno, California 93726, United States ("County"). AHP and the
County may be referred to separately as a"Party" or collectively as the "Parties".
RECITALS
A. AHP entered into an agreement with the State of California (the "State") through
the California Department State Hospitals ("DSH") to facilitate project funding awards and
provide services to DSH as the third-party administrator of the DSH Incompetent to Stand Trial
("IST") Diversion and Community-Based Restoration Infrastructure Program ("Program"). The
agreement between DSH and AHP shall hereinafter be referred to as the "Prime Contract" or
"DSH Contract";
B. The purpose of the Program is to expand the State's access to residential housing
infrastructure for individuals found in judicial proceeding to be incompetent to stand trial and
eligible for participation in a DSH-funded diversion or community-based restoration program;
C. Subject to the requirements of the Program, DSH guidelines, and this Agreement,
counties may use their allocation of program funds for acquisition, or down payment for
acquisition, construction or renovation of real property, furnishings, and minor equipment to
address the increasing number of patient referrals to DSH;
D. On or about November 7, 2023,DSH issued that certain Request for Proposals (the
"REP"), attached to this Agreement and incorporated herein by this reference as Attachment A.
In response to the RFP, the County submitted that certain proposal to provide 140 beds for IST
individuals ("County Proposal"), attached to this Agreement and incorporated herein by this
reference as Attachment B;
E. The County and AHP, each, desire the County to submit to AHP for approval by
AHP and DSH, the County's Project Application (defined in Section 3.3.1). Each project to be
described in the Project Application is referred to herein as the "Infrastructure Project";
F. DSH issued to the County that certain letter dated October 4, 2024, ("Award
Letter"), attached to this Agreement and incorporated herein by this reference as Attachment C,
approving the County Proposal and awarding to the County program funds for the County Proposal
in an amount not to exceed THIRTEEN MILLION, ONE HUNDRED TWENTY-FIVE
THOUSAND DOLLARS AND ZERO CENTS($13,125,000.00)(herein,the"Program Funds");
and
G. This Agreement sets forth the terms and conditions of AHP's administration and
management of the Program Funds and the County's duties and obligations related to its receipt
of Program Funds. Capitalized terms not defined herein shall have the meanings ascribed thereto
in the State Welfare and Institutions Code section 4361.6.
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NOW, THEREFORE, based upon the foregoing, and in consideration of the mutual
covenants and agreements herein set forth, the Parties agree as follows:
ARTICLE 1.
AUTHORITY
State Welfare and Institutions Code section 4361.6, provides the statutory basis for the Program
and California Senate Bill 154 (Chapter 43, Statutes of 2022), the Budget Act of 2022, provides
the funding for the Program. AHP provides technical assistance, general training, and support to
counties on administration, disbursement and monitoring of the Program Funds, and
administration and fund management to DSH. This Agreement is entered under the authority of
and in furtherance of the Program and is the result of the County Proposal.
This Agreement is governed by the following (collectively, the "Program Requirements"), and
each of the following, as amended and in effect from time to time, is hereby incorporated by this
reference as if set forth herein in full:
1.1 State Welfare and Institutions Code section 4361.6;
1.2 The RFP;
1.3 Guidance issued by DSH regarding the Program;
1.4 The Award Letter; and
1.5 All other applicable law, including, but not limited to, State Labor Code statutes
applicable to public works projects.
The County is solely responsible and liable for the County and the County's subcontractors'
performance and compliance with this Agreement, the above-referenced Program Requirements,
and all other local, state, and federal laws applicable to the Infrastructure Project.
ARTICLE 2.
TERM
2.1 This Agreement shall commence on the Effective Date and shall expire
automatically on June 30,2028(the"Expiration Date");the period from the Effective Date through
the Expiration Date shall be referred to herein as the "Term", unless earlier terminated by AHP or
DSH or assigned to DSH pursuant to Section 2.3 below.
2.2 Upon the expiration of the Term, there shall be no extension or renewal of the Term
of this Agreement,unless the Parties and DSH otherwise agree in writing.
2.3 In the event that the Term of this Agreement is not extended, renewed, or terminated
early, and either Party hereto shall have a material obligation to the other Parry by the terms of this
Agreement, which shall not be satisfied on or before the Expiration Date, all of AHP's rights and
obligations under this Agreement shall be assigned automatically to DSH,effective June 29,2028, at
11:59 p.m. Each of the Parties hereto acknowledges and agrees that upon the occurrence of an
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assignment pursuant to this Section 2.3, such an assignment shall be effective without any further
action by either Parry hereto, or DSH, and from and after the date of such an assignment: (i) DSH
shall be a Parry to this Agreement and shall have all rights and obligations of AHP hereunder,and(ii)
AHP shall cease to be a Party to this Agreement and shall be released from its obligations hereunder.
Upon the occurrence of such assignment,the Term of this Agreement shall be extended automatically
for a period of one(1) year and shall expire without any further action by either the County or DSH,
unless the County and DSH otherwise agree in writing.
2.4 In the event that the Prime Contract expires, is terminated or amended in a manner
removing AHP from responsibility as a Party to this Agreement, and either Party hereto shall have
a remaining obligation to the other Party by the terms of this Agreement, which shall not be
satisfied on or before the Expiration Date,all of AHP's right and obligations under this Agreement
shall be assigned automatically to DSH effective upon the date of the expiration, termination or
amendment.
2.5 Notwithstanding the foregoing or anything to the contrary contained herein, AHP
and/or DSH shall have the termination rights as set forth in Article 7, and Article 8, of this
Agreement.
ARTICLE 3.
PROGRAM FUNDS AND DISBURSEMENT
3.1 Purpose. The County has been approved to receive Program Funds not to exceed
the amount set forth in this Agreement to be used solely for the purposes set forth in this
Agreement.
3.2 No Other Purposes. The County shall be responsible for administering and
disbursing the Program Funds for purposes that are consistent with the Program Requirements.
Program Funds, or any portion thereof, shall be disbursed to the County only upon satisfaction of
the requirements of this Article 3.
3.3 Conditions of Disbursement. No portion of the Program Funds shall be disbursed
to the County for the costs of the Infrastructure Project until the County submits to AHP,and AHP
and DSH, each, approve the documents described below, and any additional supporting
information, as may be requested by AHP or DSH:
3.3.1 a complete project application packet ("Project Application") for each
Infrastructure Project, with all supporting documents appended thereto, in
the form attached to this Agreement and incorporated herein by this
reference as Attachment D;
3.3.2 a complete disbursement request ("Disbursement Request") for the
portion of Program Funds required to complete each Infrastructure Project,
not to exceed Ninety-Three Thousand Seven Hundred Fifty and 00/100
Dollars ($93,750.00) per bed, in the form attached to this Agreement and
incorporated herein by this reference as Attachment E;
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3.3.3 any additional documentation requested by AHP or DSH, reasonably
related to the Infrastructure Project;
3.3.4 the portion of the Program Funds approved for disbursement to the County
in response to its Disbursement Request shall be disbursed by AHP to the
County within thirty(30)days of AHP's receipt of written notice from DSH
of its approval of the County's(i)Project Application and(ii)Disbursement
Request, provided that the County has otherwise satisfied the requirements
of this Article 3, and is not in default under the terms of this Agreement;
and
3.3.5 in the event that the County elects to engage a third-party contractor or
community-based organization to administer all or a portion of its
Infrastructure Project, the County shall satisfy all of the requirements
described in this Article 3, and submit with its Project Application, a
complete compliance certification ("County's Compliance
Certification"), in the form attached to this Agreement and incorporated
herein by this reference as Attachment F, together with, a fully executed
and binding Memorandum of Agreement, by and between the County and
such third-party contractor or community-based organization,in a form and
substance acceptable to AHP, in its sole discretion, as an attachment to a
complete County's Compliance Certification, evidencing the third-party
contractor's or community-based organization's obligations to meet the
Program Requirements and the requirements of this Agreement.
ARTICLE 4.
ELIGIBLE EXPENDITURES
4.1 Eligible Uses of Program Funds. The County shall be responsible for ensuring that
the Program Funds are used for eligible purposes consistent with the Program Requirements and
this Agreement. The Program Funds shall be used solely for the following:
4.1.1 acquisition, or down payment for acquisition of real property,
4.1.2 construction costs, including construction of a new facility, or
modification, expansion, or to retrofit an existing facility, or
4.1.3 one-time purchases of patient and staff furnishings and minor equipment.
ARTICLE 5.
PROGRAM IMPLEMENTATION REQUIREMENTS
5.1 The County is responsible for the use, administration, disbursement, and
monitoring of the Program Funds in accordance with the terms of this Agreement and the Program
Requirements.
5.1.1 Monitoring. The County is responsible for monitoring use of the Program
Funds to ensure that the Program Funds are only used for eligible uses in a
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manner consistent with the Program Requirements. The County procedures
must include a corrective action plan for assessing the risk of activities,
projects, and for monitoring the Infrastructure Project to ensure that
Program Requirements are met.
5.1.2 Compliance with all Codes. The Infrastructure Project must be in
compliance with all local, county, state and federal laws and requirements.
Residential units must meet all building codes and adhere to building
standards as outlined in California Code of Regulations, Title 24, Part 2.5.
5.1.3 Infrastructure Project Specifications. All residences funded with any
Program Funds must provide bedrooms for no more than two (2) residents
per bedroom, bathroom facilities, shared living space and access to outdoor
spaces.
5.1.4 Accessibility and Nondiscrimination. The Infrastructure Project funded
must be in compliance with the accessibility requirements set forth in State
Building Code Chapters 11A and 11B and the Americans with Disabilities
Act,Title II. In addition,the Infrastructure Project must adhere to either the
Uniform Federal Accessibility Standards (UFAS), 24 CFR Part 8, or the
U.S. Department of Housing and Urban Development's modified version
of the 2010 ADA Standards for Accessible Design(Alternative 2010 ADA),
HUD-2014-0042-0001, 79 FR 29671 (5/27/14). Accessible units shall, to
the extent feasible and subject to reasonable health and safety requirements,
be distributed throughout the Infrastructure Project.
5.1.5 Prevailing Wages. Any construction work that is funded with any Program
Funds is subject to state prevailing wage law, including State Labor Code
section 1720 et seq. The County is responsible for ensuring that all
subcontractors comply with prevailing wage law as well as any other
applicable federal or state labor requirements.
5.1.6 Relocation. The County is responsible for ensuring that applicable
relocation laws, including Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. section 4601 et seq.),
the California Relocation Assistance Law (California Government Code
section 7260 et seq.) and their implementing regulations ("Relocation
Laws") are complied with, if any Program Funds will be used for the
Infrastructure Project that will result in the displacement, as that term is
defined in the Relocation Laws, of any persons, businesses, or farm
operations. Pursuant to the Relocation Laws and guidance provided by
DSH, the County is responsible for ensuring that (i) a relocation plan is
prepared and approved by the County prior to proceeding with any phase of
an Infrastructure Project or other activity that will result in the displacement
of persons, businesses, or farm operations; and(ii)the County provides any
required notices and relocation benefits.
PAGE 5 OF 17
5.2 Deed Restriction or Regulatory Agreement. The County is required to enter into a
declaration of restrictions with DSH restricting use of the Infrastructure Project funded with any
Program Funds to serve DSH-identified populations to be recorded on the real property upon
which each Infrastructure Project is located that restricts the use of the Infrastructure Project for a
term of thirty (30) years for new construction, and twenty (20) years for rehabilitation, of the
Infrastructure Project. The deed restriction must be recorded on the title to the real property in the
official records of the county upon which the Infrastructure Project is located before any Program
Funds for the Infrastructure Project are disbursed. Notwithstanding the foregoing, in the event that
the County is acquiring real property upon which the Infrastructure Project is to be constructed or
operated,the deed restriction shall be recorded on the title to the real property in the official records
of the county upon which the Infrastructure Project is located at the close of escrow. If the
Infrastructure Project is leased, in which event the lease must be for a minimum term of thirty(30)
years for new construction, and twenty (20) years for rehabilitation, of the Infrastructure Project,
the deed restriction must be signed by both the lessee and the owner of the fee interest in the real
property and recorded against both the fee interest in the real property and the leasehold interest.
Notwithstanding the foregoing, in the event that DSH terminates the declaration of restrictions
prior to the expiration of the term of such declaration of restrictions, DSH shall record a
termination and release of the declaration of restrictions in the official records of the county where
the Infrastructure Project is located.
ARTICLE 6.
PROJECT OVERSIGHT AND REPORTING
6.1 The County shall provide monthly and quarterly progress reports in connection with
the Infrastructure Project, in a form and substance approved by AHP, in its sole discretion,
including (i) a reconciliation showing all expenditures made with any Program Funds for each
Infrastructure Project, (ii) any documentation or evidence requested by AHP to support such
expenditures, (iii) completion of Infrastructure Project milestones, (iv) any substantial changes to
the Infrastructure Project and (v) any other information reasonably related to the Infrastructure
Project. In addition, the County shall be required to satisfy State financial and administrative
reporting requirements and submit data through an online database.
6.2 Upon completion of the Infrastructure Project, the County shall provide periodic
reports to DSH to monitor compliance with the terms of this Agreement, the Program
Requirements, and to perform Infrastructure Project evaluations. Any information requested by
DSH shall be submitted electronically in a format provided by DSH.
6.3 The County shall assign the necessary staff to monitor the use of the Program
Funds, ensure adherence to the Program Requirements, and monitor ongoing compliance with
Program Requirements for the duration of any deed restriction required by this Agreement or the
Term of this Agreement, whichever is longer, or as may be required by the County.
6.4 The County shall comply with any reporting and record retention requirements in
the Program Requirements or this Agreement.
6.5 Any Program Funds that have not been disbursed to the County by the expiration
of the Period of Performance set forth in the Summary Cover Sheet shall no longer be available to
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the County for disbursement for the Infrastructure Project. Any Programs Funds that have been
disbursed to the County but remain unexpended by the expiration of the Period of Performance
shall be returned to DSH, with accrued interest at the Local Agency Investment Fund ("LAIF")
rate in effect on the date such funds were disbursed to the County, within thirty(30)calendar days
after the expiration of the Period of Performance in accordance with directions provided by DSH.
The enabling legislation for the LAIF is State Government Code section 16429.1 et seq. The
County shall not be entitled to disbursement of any Program Funds after expiration of the Period
of Performance and any such undisbursed funds shall be retained by DSH.
ARTICLE 7.
DEFAULT AND REMEDIES
7.1 Event of Default. Any of the following,after notice to the County by AHP or DSH,
provided in accordance with the notice requirements of this Agreement, and expiration of any
applicable cure period, shall constitute an event of default ("Event of Default") under this
Agreement:
7.1.1 The County's failure to timely satisfy each or any of the conditions set forth
in this Agreement, or the Award Letter.
7.1.2 The County's violation of any of the Program Requirements.
7.1.3 AHP's or DSH's determination of any of the following:
7.1.3.1 The County has concealed any material fact from AHP or DSH
related to the County;
7.1.3.2 Any material fact or representation_made or furnished to AHP or
DSH by the County in connection with this Agreement shall
have been untrue or misleading at the time that such fact or
representation was made known to AHP, or subsequently
becomes untrue or misleading;
7.1.3.3 Any Certification provided by the County is determined to be
untrue or misleading; or
7.1.3.4 Any objectives or requirements of the Program cannot be met in
accordance with this Agreement or within applicable
timeframes, as memorialized by this Agreement.
7.2 Right to Cure. If the breach, violation, or default pursuant to Section 7.1 is not
cured to AHP's and DSH's satisfaction, as determined by AHP and DSH, each in their sole and
absolute discretion, within thirty (30) days of notice to the County, provided in accordance with
the notice requirements of this Agreement, then AHP, with DSH approval, may declare an Event
of Default under this Agreement.
7.2.1 Notwithstanding the foregoing, the County may request additional time to
cure any default from AHP. AHP may, but shall not be required to, grant
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any such request, subject to DSH approval, and such approval shall not be
unreasonably withheld, conditioned, or delayed. DSH's approval of the
County's request for additional time to cure shall be subject to the County's
continuing and diligent efforts to cure, and any additional cure period
provided to the County shall be reasonable, as determined by DSH, in
DSH's sole discretion.
7.2.2 AHP shall provide notice to the County of approval or denial of the
County's request for additional time to cure any default. In no event shall
any extension of the cure period exceed thirty (30) days.
7.3 AHP/DSH Remedies. Upon the occurrence of an Event of Default,AHP(on DSH's
behalf) or the State (represented by DSH in this Agreement) may take any and all actions or
remedies that are available under this Agreement, at law, or in equity, including, but not limited
to, the following:
7.3.1 temporarily withhold disbursement of any Program Funds pending
correction of the breach, violation, or default;
7.3.2 disallow use of any Program Funds for all or part of the costs resulting from
the breach, violation, or default;
7.3.3 wholly or partly suspend or terminate this Agreement and the County's
award of the Program Funds, or disbursements of any portion thereof(any
such suspension or termination of this Agreement or the County's award of
the Program Funds shall be effective upon the County's receipt of AHP or
DSH notice of termination or suspension);
7.3.4 withhold or deny further disbursements of Program Funds or awards to the
County;
7.3.5 require the County to return all or part of any Program Funds disbursed to
the County, including any interest;
7.3.6 specific performance;
7.3.7 injunctive relief; and
7.3.8 any and all remedies allowed by law or equity.
ARTICLE 8.
TERMINATION
8.1 AHP and/or DSH shall have the right, each in its sole discretion and without
prejudice to any other rights and remedies it may have under applicable law, to terminate this
Agreement immediately upon notice of such termination to the County, if(i) an Event of Default
occurs; (ii) three (3) violations, breaches or defaults by the County of the terms and conditions of
this Agreement (whether the same or different) occur within any twelve-month period, regardless
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of whether any or all such violations, breaches or defaults are timely corrected; (iii) the County
files a petition in bankruptcy, (iv) the County is adjudicated by a court of competent jurisdiction
to be bankrupt or insolvent, (v) the County makes an assignment for the benefit of creditors, (vi)
the County makes an arrangement pursuant to any bankruptcy law, (vii) if a receiver is appointed
for the County, or any department, or agency, thereof, (viii)the County fails to provide AHP with
adequate assurances within a reasonable time that the County is financially solvent, or (ix) AHP
or DSH determines that the County is financially insecure.
8.2 Notwithstanding the foregoing,or anything to the contrary stated herein,AHP may
terminate this Agreement upon thirty (30) days' notice if AHP is directed by DSH to terminate
this Agreement.
8.3 Upon termination of this Agreement for any reason, neither AHP nor DSH shall be
liable for any work that is not performed in accordance with the Agreement or for any
commitments made by the County to any third-party contractors. Upon any termination, neither
AHP nor DSH shall be responsible for additional disbursements of any Program Funds after the
termination date or for any damages to the County as a result of such termination. Upon
termination,the County shall return all Program Funds to the State at the direction of AHP or DSH.
ARTICLE 9.
INDEMNIFICATION
9.1 The County shall indemnify, defend, and hold harmless AHP, its officers,
employees and agents, and DSH and its officers, employees and agents, against liabilities to third
persons and other losses (not compensated by insurance or otherwise) and for any costs and
expenses incurred by AHP and DSH, including reasonable attorneys' fees,judgments, settlements
or penalties against all liabilities,claims,suits,demands or liens for damages to persons or property
(collectively"Claims")(unless such Claims arise from the gross negligence or willful misconduct
of AHP or DSH), arising out of, resulting from, or relating to, the County's performance under
this Agreement and including, but not limited to, the following:
9.1.1 Any act, omission, or statement of the County, or any person employed by
or engaged under contract with the County, that results in injury(including
death), loss, or damage to any person or property;
9.1.2 Any failure on the part of the County to comply with applicable Program
Requirements and requirements of law;
9.1.3 Any act or omission of any third-party contractor engaged by the County,
including, but not limited to, any failure of any third-parry contractor to
comply with the Program Requirements and the terms of this Agreement;
9.1.4 Any failure on the part of the County or its third-party contractors to satisfy
all claims for labor, equipment, materials, and other obligations relating to
the performance of the work hereunder;
9.1.5 Any injury to property or person occurring on or about the infrastructure or
the property of the County or the Infrastructure Project; or
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9.1.6 Any claims related to the use, generation, storage, release, threatened
release, discharge, disposal or presence of hazardous materials on,under or
about the property upon which the Infrastructure Project funded with any
Program Funds is located.
9.2 The County shall indemnify AHP or DSH, each, individually, or both, collectively,
as the case may be, under this clause for any of the above acts attributable to its employees,
consultants, agents, or lower-tiered subcontractors in connection with this Agreement. AHP or
DSH shall provide timely notice of any Claims describing in reasonable detail such facts and
circumstances with respect to such Claims. The County shall defend AHP or DSH, each,
individually, or both, collectively, as the case may be,with counsel reasonably acceptable to AHP
or DSH, respectively. AHP or DSH may, each, at its option and own expense, engage separate
counsel to advise regarding the Claim and its defense. Such counsel may attend all proceedings
and meetings. The County shall not settle any Claim without the consent of AHP or DSH, as
applicable.
9.3 The County agrees to indemnify,defend and save harmless AHP,its officers,agents
and employees and DSH, its officers, agents and employees from any and all claims, costs
(including, but not limited to, all legal expenses, court costs, and attorney's fees incurred in
investigating, preparing, serving as a witness in, or defending against, any such claim, action, or
proceeding, commenced or threatened), and losses accruing or resulting to any and all contractors,
subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or
supplying work services, materials, or supplies in connection with the performance of this
Agreement, and from any and all claims and losses accruing or resulting to any person, firm or
corporation who may be injured or damaged by the County in connection with this Agreement.
9.4 This indemnification shall survive the expiration or termination of the Agreement.
ARTICLE 10.
INSPECTIONS,AUDITS, AND RECORD RETENTION
10.1 AHP and DSH and any of their authorized representatives shall have the right to
access any documents,papers,or other records of the County and any of its third-party contractors
that are pertinent to any Program Funds,for the purpose of performing audits,examinations,and/or
review regarding compliance with the provisions of this Agreement and the Program
Requirements. Such monitoring activities shall include, but are not limited to, inspection of the
County and third-party contractor's books and records, in addition to site inspections, as AHP or
DSH deems appropriate.
10.2 AHP and DSH and any of their authorized representatives may perform compliance
reviews and review procedures and documents pertaining to the County's compliance with the
terms of this Agreement and the Program Requirements,perform onsite visits and desk reviews in
order to ensure any Program Funds are expended for eligible uses and to protect against fraud,
waste, and abuse. The County shall include in all agreements with third-party contractors, a
requirement that the third-party contractor: (i)provide to AHP, and its authorized representatives,
and DSH and its authorized representatives, access to the third-party contractor's records and
facilities; and(ii) cooperate with any desk reviews.
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10.3 The right to access records also includes timely and reasonable access to the
County's and any third-party contractor's personnel for the purpose of interview and discussion
related to the requested documents and/or information.
10.4 The right to access records is not limited to the required retention period but lasts
as long as the records are retained by the County and any third-party contractor.
10.5 The County shall retain all financial records, supporting documents, statistical
records, and all other records pertinent to any Program Funds for the term of this Agreement and
for a minimum of four (4) years thereafter, and require that all third-party contractors retain all
records related to any Program Funds for the same period; provided, however, in the instance of
an Event of Default, litigation, claim, negotiation, audit, or other action involving the Agreement,
commenced prior to the expiration of the minimum four (4) year period, all records pertinent to
any Program Funds shall be retained until completion of the action and resolution of all issues
which arise from it, or until the end of the minimum four(4)year period, whichever is later.
10.6 Any review or inspection undertaken by AHP,its designee,or DSH,or its designee,
of the County's records or of any third-party contractor's records or Infrastructure Project is solely
for the purpose of determining whether the County is properly discharging its obligations to DSH
and should not be relied upon by the County or by any third parties as a warranty or representation
by AHP or DSH as to the quality of the design, construction, or operation of the Infrastructure
Project. The County agrees that claims based upon an audit finding and/or an audit finding that is
appealed and upheld shall be recovered by AHP or DSH by one of the following options:
10.6.1 The County's remittance to AHP or DSH of the full amount of the audit
exception within thirty (30) days following AHP request for payment; or
10.6.2 A repayment schedule which is agreeable to AHP, DSH and the County.
AHP reserves the right to select which option described above shall be employed; and AHP shall
notify the County in writing of the claim procedure to be utilized. Interest on the unpaid balance
of the audit finding or debt shall accrue at a rate equal to the maximum allowed by applicable law.
10.7 Reporting Requirements. The County shall provide AHP and DSH with the
following reports:
10.7.1 Monthly and quarterly reports submitted within thirty (30) days of the end
of each month or quarter, as applicable, in a form and substance acceptable
to AHP, in its sole discretion.
10.7.2 A final report to be submitted no later than sixty (60) days after the final
disbursement of any Program Funds for each Infrastructure Project, in a
form and substance acceptable to AHP, in its sole discretion.
All reports shall be in a form and contain such information as required by DSH in its sole and
absolute discretion. In addition to the above reporting requirements, AHP and DSH may request
additional reports and information necessary for AHP and DSH to monitor compliance with the
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Program Requirements. The County shall be responsible for obtaining any necessary reporting
information from its third-party contractors.
ARTICLE 11.
THIRD-PARTY BENEFICIARIES.
The State, represented by DSH in this Agreement, is a third-party beneficiary of this Agreement.
This Agreement shall not be construed so as to give any other person or entity, other than the
Parties and DSH, any legal or equitable claim or right. DSH or another authorized department or
agency representing the State may enforce any provision of this Agreement to the full extent
permitted in law or equity as a third-party beneficiary of this Agreement. The State may take any
and all remedies available in law and equity. In the event of litigation, the State may choose to
seek any type of damages available in law or equity, up to the full amount of the Program Funds
awarded to the County.
The County shall name AHP and DSH as third-party beneficiaries with rights of enforcement in
all agreements entered into by the County with third-party contractors.
ARTICLE 12.
MISCELLANEOUS.
12.1 Dispute Resolution:
12.1.1 In the event of a dispute, the Parties shall first try to resolve the dispute by
escalating it to higher levels of management to negotiate in good faith. If
negotiations are unsuccessful, any controversy, dispute or disagreement
arising out of or relating to this Agreement, its breach, or its subject matter,
shall be conducted in a court of competent jurisdiction in Fresno County,
California. Any Party bringing an action must comply with all applicable
laws relating to claims against public entities, including the time limitations
and manner of claim presentation prescribed by Chapter 2, commencing
with Section 910 of Part 3 (Claims Against Public Entities) of Division 3.6
of Title 1 of the California Government Claims Act.
12.1.2 The County shall be obligated to continue to perform pursuant to this
Agreement while any dispute is pending.
12.1.3 This Section 12.1 shall not apply to the State.
12.2 Attorneys' Fees. If a dispute arising out of this Agreement is finally adjudicated,
the non-prevailing party shall pay the prevailing party's reasonable expenses incurred in
connection therewith, including reasonable arbitration costs and reasonable attorneys' fees. If
multiple items are disputed and the final decision is split, then the Parties shall allocate such
expenses pro rata as to each item. This Section 12.2 does not apply to the State.
12.3 Waiver. AHP's failure to notify the County of a breach or to insist on strict
performance of any provision of this Agreement shall not constitute waiver of such breach or
provision.
PAGE 12 OF 17
12.4 Remedies. No remedy in this Agreement is exclusive of any other remedy available
under this Agreement, at law or in equity. AHP or DSH may seek equitable relief, including an
injunction, against the County in connection with any breach or threatened breach of this
Agreement.
12.5 Limitation of Liability. Except as otherwise provided in this Agreement, or by
applicable law,the County waives any right to seek, and AHP and DSH shall not be liable for, any
special, consequential, or punitive damages; indirect, or incidental damages; or for any loss of
goodwill, profits, data, or loss of use arising out of, resulting from, or in any way connected with
the performance or breach of this Agreement, even if the County advises AHP or DSH of the
possibility of any such damages.
12.6 Relationship. The County is an independent contractor with respect to AHP. This
Agreement is not intended to create a partnership, joint venture, employment, or fiduciary
relationship between the Parties or between any Party hereto and DSH.
12.7 Notices. Notices under this Agreement must be (i) in writing; (ii) addressed to the
receiving Party at the address described in the Summary Cover Sheet (unless notice of a different
address is given); and (iii) (A) if personally delivered to the recipient, notice is effective upon
delivery, (B) if sent by a nationally recognized overnight courier service, notice is effective on the
first business day following its timely deposit with such courier service, delivery fees for next
business day delivery prepaid; no signature affirming receipt by the receiving Party is required,
the internal records of the courier service shall be accepted as sufficient evidence of the date of the
deposit of the notice with the courier service,or(C)if sent by certified U.S. mail,notice is effective
three (3) days after deposit thereof in the U.S. mail, postage prepaid, certified, return receipt
requested. Counsel for a Party may send notice on behalf of its client.
12.7.1 Notwithstanding the foregoing, the Parties may deliver any approval,
disapproval,or request therefor via email. Such email notices and deliveries
shall be valid and binding on the Parties, subject to the following:
12.7.1.1 Such email must be properly addressed to the other Party's
Designated Representatives. For purposes of this Agreement,
"Designated Representative" means initially (i) for AHP at
ISTNotices@ahpnet.com and (ii) for the County, Preetinder
Sanghera, at psanghera@fresnocountyca.gov. A Party may
change a Designated Representative only upon notice to the
other Party pursuant to the requirements of Section 12.7(iii)-(A),
(B) or(C).
12.7.1.2 If the sender receives a bounce-back, out-of-office or other
automated response indicating non-receipt, the sender shall (i)
re-attempt delivery until the other Party confirms receipt, or
(ii) deliver the item in accordance with Section 12.7(iii)(A), (B)
or(C).
PAGE 13 OF 17
12.8 Governing Law. The place of performance of this Agreement is California and the
laws of the State of California, shall govern the validity, performance, enforcement, and
interpretation of this Agreement. Any litigation or enforcement of an award must be brought in
the appropriate state or federal court in the State of California, County of Sacramento. Each Party
consents to personal and subject matter jurisdiction and venue in such courts and waives the right
to change venue with respect to any such proceeding. The Parties acknowledge that all directions
issued by the forum court, including injunction and other decrees, shall be binding and enforceable
in all jurisdictions and countries.
12.9 Assignment. The County shall not assign, delegate, or otherwise transfer this
Agreement, or its duties, or obligations in connection therewith, in whole or in part without the
prior approval of AHP and DSH. AHP's obligations under this Agreement shall be assignable to
DSH or DSH's designee upon DSH's request without the County's consent. In the event that AHP
assigns its obligations under this Agreement to DSH, AHP shall make commercially reasonable
efforts to transition any reasonably necessary documentation related to this Agreement to DSH or
its designee, at no cost to DSH provided however, that AHP shall have no obligation to incur any
liability, pay fees, charges, or reimbursement in connection with any assignment, wind-down or
transition services.
12.10 Entire Agreement; Amendments. This Agreement constitutes the entire agreement
of the Parties with respect to its subject matter. It supersedes all oral or written agreements or
communications between the Parties. No understanding, agreement, modification, change order,
or other matter affecting this Agreement shall be binding,unless in writing,signed by both Parties.
No handwritten changes shall be effective unless initialed by each Party.
12.11 Independent Legal Advice. AHP and the County, each, have reviewed and
negotiated this Agreement using such independent legal counsel as each has deemed appropriate.
12.12 Exhibits. The Attachments, Schedules, and Addenda, attached to this Agreement
are a part of this Agreement and incorporated into this Agreement by reference.
12.13 Partial Invalidity. If any part of this Agreement is unenforceable, the remainder of
this Agreement and, if applicable, the application of the affected provision to any other
circumstance, shall be fully enforceable.
12.14 Captions. The headings contained herein are for convenience only and are not
intended to define, limit, or describe the scope or intent of any provision of this Agreement.
12.15 Force Majeure. Neither Parry shall be liable to the other for loss or damages due to
failure or delay in rendering performance caused by circumstances beyond its reasonable control,
if such failure could not have been overcome by the exercise of due diligence, due care, or
foresight. Circumstances may include,but are not limited to, acts of God or a public enemy; wars;
acts of terrorism; riots; fires; floods; epidemics; quarantine restrictions; labor disputes; strikes;
defaults of subcontractors/vendors; failure/delays in transportation;unforeseen freight embargoes;
unusually severe weather;or any law/order/regulation/request of a state or local government entity,
the U.S. Government, or of any agency, court, commission, or other instrumentality of any such
governments. Times of performance under this Agreement may be appropriately extended for
PAGE 14 OF 17
excused delays if the Party whose performance is affected promptly notifies the other of the
existence and nature of such delay.
12.16 Publicity. Without prior written approval of the other, neither Party shall use the
other's name or make reference to the other Party or any of its employees in publications, news
releases, advertising, speeches, technical papers, photographs, sales promotions, or publicity
purposes of any form related to this work or data developed hereunder, unless disclosure of such
materials is required by legal,accounting,or regulatory requirements beyond the disclosing Party's
reasonable control. Use of either Party's name may be made in internal documents,annual reports,
and proposals. This section shall survive expiration/termination of this Agreement.
Notwithstanding the foregoing, the County agrees that the State may use and refer to the County
in any publication, news release, advertising, speech, technical paper, or for any other purposes.
12.17 Notice of Litigation. Promptly, and in any event within five(5)business days after
an officer or other authorized representative of the County obtains knowledge thereof, the County
shall provide written notice to AHP of (i) any litigation or governmental proceeding pending
against the County which could materially adversely affect the County's ability to perform its
obligations under this Agreement and the Program Requirements; and (ii) any other event which
is likely to materially adversely affect the County's ability to perform its obligations under this
Agreement and the Program Requirements.
12.18 Survival. Except as otherwise stated,sections that by their terms impose continuing
obligations or establish continuing rights shall be deemed to survive the expiration or termination
of this Agreement.
12.19 Successors. This Agreement shall be binding upon the Parties, their successors,
and assigns.
12.20 Approvals. Whenever this Agreement calls for a Party's approval or for DSH's
approval, approval shall mean prior written approval(including via email),not to be unreasonably
conditioned, delayed, or withheld, unless sole discretion is expressly noted.
12.21 Counterparts; Electronic Signatures. The Parties may sign this Agreement in
several counterparts, each of which constitutes an original,but all of which together constitute one
instrument. Electronic signatures are valid and shall bind the Party delivering such signature.
SIGNATURES ON THE FOLLOWING PAGE
PAGE 15 OF 17
IN WITNESS THEREOF, the Parties hereto have executed this Agreement by their duly
authorized respective officers as of the day and year last written below.
AHP: County of Fresno:
ADVOCATES FOR HUMAN
POTENTIAL, INC., a Massachusetts -'
corporation Buddy Mendes, hairman of the Board of
Supervisors of the County of Fresno
Attest:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By:
Deputy
By:
(Signature)
Name: Jennifer Polen
(Printed Name)
Title: Chief Operating Officer
Date: 6/4/2025
For accounting
use only:
Org No, :
No.:5630
Account
No.:5039
Fund No.:0001
Subclass
No.:10000
PAGE 16 OF 17
LIST OF ATTACHMENTS
Title
Attachment A—RFP
Attachment B —County Proposal
Attachment C—Award Letter
Attachment D—Form of Project Application
Attachment E—Form of Disbursement Request
Attachment F—Form of County's Compliance Certification
PAGE 17 OF 17
ATTACHMENT A
RFP
California Department of State Hospitals
Incompetent to Stand Trial
Diversion and Community Based Restoration
Infrastructure Project
Round 1 - Request for Proposals
DSi 15 f lnfirastru,,-ture Projlect Request for Proposal,
Cone;n LS
PartOne: Overview.......................................................................................................................................3
1.1. Introduction .......................................................................................................................................3
1.2. Background and Purpose...................................................................................................................3
1.3.Authorization of Funding...................................................................................................................4
1.4.Timeline..............................................................................................................................................4
Part Two: Proposal Process and Submission ................................................................................................5
2.1.Total Amounts....................................................................................................................................5
Round 1: DSH IST Infrastructure Project...............................................................................................5
County Funding Reserve Methodology.................................................................................................5
2.2. Proposal Process................................................................................................................................9
Reasonable Accommodations.............................................................................................................10
2.3.Technical Assistance ........................................................................................................................10
Part Three: Project Requirements..............................................................................................................10
3.1. Requirements...................................................................................................................................10
3.2. Residential Model ............................................................................................................................12
3.3.Accessibility and Nondiscrimination................................................................................................13
3.4. State and Federal Prevailing Wage..................................................................................................14
PartFour: Award Process............................................................................................................................14
4.1. Proposal Criteria...............................................................................................................................14
4.2.Award Process..................................................................................................................................15
4.3.Appeals............................................................................................................................................. 15
PartFive: Project Operations......................................................................................................................15
5.1. Disbursement of Funds....................................................................................................................15
5.2. Project Oversight and Reporting......................................................................................................16
PartSix: Proposal Worksheet......................................................................................................................16
PartSeven:Attachments............................................................................................................................18
Part One: Overview
1.1. INTRODUCTION
The California Department of State Hospitals (DSH) is administering the Incompetent to Stand Trial (IST)
Infrastructure funding to build out the state's capacity of residential treatment homes and facilities.This
funding opportunity is open to California counties that commit to contract with DSH for an ongoing
diversion and/or community-based restoration (CBR) program.
There will be two rounds of funding. Round 1 includes a non-competitive rolling allocation schedule
open to all counties or non-county entities partnering with a county. Non-county entities, such as
community-based organizations or private providers, must have a fully executed,signed Memoranda of
Agreement(MOA) or partnership agreement with the county in order to apply. Round 2 will be a
competitive round open to additional entities based on remaining funds. Proposals are submitted
through the online portal and will be funded on a first come,first served basis, in the order in which
proposals are received and approved. Proposals are subject to consideration of regional needs and
statewide equity. Dates for the two rounds of funding are as follows:
• Round 1(Non-competitive): March 1, 2023,to June 30, 2024
• Round 2 (Competitive):July 1, 2024. Remaining funding opens to additional entities.
All funds must be expended by June 30, 2028.
Advocates for Human Potential, Inc. (AHP), a research and consulting firm, is providing project
management services to DSH in the outreach,technical assistance (TA),solicitation, and selection
processes, as well as the negotiation and contracting process for awarding the IST Infrastructure
funding.
1.2. BACKGROUND AND PURPOSE
Over the last decade, California has seen significant growth in the number of individuals found IST on
felony charges and referred to DSH for restoration of competency treatment.The year-over-year growth
in IST referrals from the superior courts to DSH has outpaced the Department's ability to create
additional capacity. Despite recent efforts resulting in increased bed capacity, decreased average length
of stay, and implementation of county-based treatment programs,this insufficient capacity has led to a
large waitlist and extended wait times for IST defendants pending DSH placement. Furthermore,the
impacts of the COVID-19 pandemic and infection control measures required at DSH facilities
necessitated slower admissions and reduced capacity for the treatment of individuals found IST on
felony charges at DSH. As of January 30, 2023, 1,391 individuals are awaiting restoration of competency
treatment.
The purpose of the DSH IST Infrastructure Project is to increase access to diversion and community-
based treatment for eligible individuals found IST on felony charges.This project provides$468.8 million
in one-time funds specifically designated to develop residential housing settings in support of these
individuals who are participating in either DSH-funded diversion or CBR programs. DSH estimates that
approximately 3,000 of the individuals identified as IST on felony charges annually are eligible for
participation in community-based treatment programs.An average length of stay of 18 months per
participant results in a housing capacity deficit of approximately 5,000 beds.The proposed funding level
assumes these beds will be spread across approximately 700 housing units, averaging 8 beds per unit.
Startup funds at a rate of$93,750 per bed will be provided for each bed in a residence to cover the
down payment, renovation, necessary retrofitting, and furnishings for staff and patients.
The ongoing cost of operating the homes will be provided through a separate per-patient rate paid to
counties or to service providers, who are responsible for securing client housing and providing
wraparound treatment services. Counties will receive$125,000 per felony IST client, apportioned over
18 months,treated in either a CBR or a diversion program through a separate program services contract.
This rate is intended to support an intensive community treatment model with increased frequency of
clinical contacts and access to psychiatry services, as well as all wraparound services and housing costs
for an average 18-month length of stay. Counties may subcontract with service providers to secure
client housing and/or provide wraparound services.
This residential housing program will complement the Institutions for Mental Diseases(IMD)and Sub-
Acute infrastructure program funded in the 2021 Budget Act. IMD and sub-acute beds are a key
component for treating individuals identified as IST on felony charges in the community. DSH is currently
developing new IMD and sub-acute capacity across the state.These beds will be available as a step-
down stabilization option for felony IST clients transitioning from jail to the community-based
restoration or diversion programs and can also be used when IST clients receiving treatment in these
community programs need a higher level of care.Together,these programs will support a
comprehensive continuum of community placement and housing options for individuals deemed IST on
felony charges across the state.
4
Most Restrictive Least Restrictive
1.3. AUTHORIZATION OF FUNDING
This funding opportunity has been approved through the 2022 Budget Act: Seas Bill No- i�")4 C hgmt,F�t'
3-
-`i'�.' and'/ E1ct- �`?k; i s{.3L.il[. C: ;.{„")::a' ' �3`-:.'.;�ii:,�3 '�:toi .
1.4. TIMELINE
Table 1:Timeline for Round 1: DSH IST Infrastructure Project
Round: Date
Round 1 (Non-competitive) March 1, 2023 to June 1, 2024
Round 2 (Competitive) Beginning July 1, 2024, remaining funding
opens to additional entities
i£7H[.ST Infrastructure re Prof'c„t- e.qi cst for Proposalsr 4
� �� ��m� � N � �� � �n ^ ~
Part� Two: Proposal ^ ������ _vK�u�����������
r- - -~�-~��
2.1.TOTAL AMOUNTS
Round 1: DSH <ST Infrastructure Project
DSH is making available $468.8 million in one-time infrastructure funding to develop residential housing
settings to support individuals identified as IST on felony charges who are participating in either
diversion or CBR programs. Counties and providers that participate in this funding opportunity must
commit to contracting with DSH fora mental health diversion and/orCBR program, as well as a
restrictive covenant that the property will be used to serve DSH-identified populations for a minimum of
20-30 years(see Section 3.1)from the date of the award.After expenditure of award funding, any
remaining mortgage debt owed to support the full cost of a property's purchase, as well as ongoing
future maintenance of the property, can be paid for through the required DSH diversinn/CBR
operational contract with the Department.
County Funding Reserve Methodology
This program is budgeted through a cost-per-bed, X beds per county formulation, based on a county's
total |STdeterminations in Fiscal Year3OZ1-32, as shown below. Funding allocations are listed on the
following page in Table 2.To calculate the funding amount, DSH assumed a flat rate of$750,000 per 8-
bed residence,which equates to$93,750 per bed. Residences can be larger or smaller than 8 beds, but
the cost per bed remains$93,7SO.
Assuming funding will support the purchase of residential properties, as in the model in the Los Angeles
County Office of Diversion and Reentry program,the funding amount is intended to support down
payments for the properties and renovations. DSH will offer some flexibility to allow for a variety of
residential models that work within the goals of this project.The ongoing debt service(mortgage)would
be covered as part of the operating budget obtained through the required services contract with DSH.
For the applicants' planning purposes,the last column below reflects the annual Maximum Operating
Budget available to support the ongoing cost of providing services to the patients, assuming the
infrastructure funding allocated is for the maximum number of proposed beds identified for each
county.
Table 2:County Bed Allocations
County Bed Allocations-IST infrastructure Project
e
I
FY 21-22 I
° Total Maximum
I Proposed Budget Per Maximum
i County Beds Bed Funding I Operating Budget*
Allocation 1
IST Referrals
@ 60%
I Alameda 53 88 ; $93,750 $8,250,000 $9,243,750
3
I Alpine I 0 0 $93,7510
Amador I 2 3 $93,750 $281,250 $1,155,357
jf � Sj
Butte — 30 50 $93,750 -- $4,687,500 $5,437,500
Calaveras 2 3 $93,750 $281,250 $1,155,357
I
Colusa 1 2 i $93,750 $187,500 $1,011,607
Contra Costa 56 1 93� $93,750 $8,718,750 $9,675,000
Del Norte 7 j 12 $93,750 I $1,125,000 $1,874,107
El Dorado 16 27
1 $93,750 , $2,531,250 � $3,167,857
Fresno 84 140 $93,750 $13,125,000 $13,700,000
Glenn 5 8 ; $93,750 i $750,000 $1,586,607
Humboldt 33 55 $93,750 $5,156,250 $5,868,750
Imperial 12� 20 $93,750 $1,875,000 $2,592,857
�S}i IS--infrusl ructure Project Request for i rgposr.is Ci
inyo,
2 3 1 $93,750 $281,250 $1,155,357
Kern 149 248 3 $93,750 $23,250,000 $23,043,750
Kings 31 i 52 $93,750 $4,875,000 $5,581,250
Lake 18 30 $93,750 = $2,812,500 $3,455,357
I Lassen 2 3 ; $93,750 $281,250 $1,155,357
r �
Los Angeles" N/A 1,731 $93,750 $162,281,250 $ -
s
Madera 17� 28 $93,750 E $2,625,000 $3,311,607
Marin 13 22 f $93,750 $2,062,500 i $2,736,607
2 1
Mariposa 2 3 ' $93,750 $281,250 $1,155,357
Mendocino 19 32 ' $93,750 $3,0001000 $3,856,250
Merced 35 58 $93,750 $5,437,500 $6,656,250
Modoc 1 ° 2 $93,750 $187,500 $1,011,607
Mono 1 2 1 $93,750 $187,500 $1,011,607
Monterey 37 62 4 $93,750F $5,812,500 ' $6,943,750
Napa 17 28 $93,750 $2,625,000 $3,311,607
Nevada 2 3 $93,750 $281,250 11,155,357
Orange 55 92 ` $93,750� $8,625,000 $9,531,250
d
Placer 31 52 $93,750 $4,875,000 $5,581,250
Plumas 2 3 $93,750 $281,250 $1,155,357
Riverside 106 177 $93,7 $16,593,750 $16,862,500
DSH l r infrastru uum P roiect 0,-�cj' _st for Pr?,:7os,,s I
Sacramento 146 243 $93,750 $22,781,250 $22,612,500
San Benito I 6 10 $931750 $937,500 1 $1,730,357
San Bernardino 168 280 $93,750 $26,250,000 1 $25,775,000
San Diego 137 228 $93,750 $21,375,000 $21,318,750
I I
San Francisco ! 16 1 27 i $93,750 $2,531,250 $3,167,857
i
San Joaquin 62 103 $93,750 $9,656,250 $10,537,500
San Luis Obispo 35 58 $93,750 $5,437,500 g $6,156,250
San Mateo 32 53 $93,750 $4,968,750 $5,725,000
Santa Barbara 54 90 $93,750 $8,437,500 $9,387,500
Santa Clara 47 78 $93,750 $7,312,500 I $8,381,250
_ I
Santa Cruz € 40 67 $93,750 $6,281,250 $7,375,000
Shasta I 26 43 $93,750 , $4,031,250 $4,862,500
Sierra 1 2 ; $93,750 $187,500 $1,011,607
Siskiyou 8� 13 1 $93,750 $1,218,750 $2,017,857
Solano 53 88 ' $93,750 $8,250,000 $9,243,750
i Sonoma 43 72 i $93,750 F $6,750,000�_ $7,806,250
Stanislaus 72 120 $93,750 $11,250,000 $11,975,000
Sutter 9 i 15 $93,750 $1,406,250 $2,161,607
� I I
i Tehama 11 18 $93,750 $1,687,500 $2,449,107
Trinity 5 8 $93,750� $750,000 $1,586,607
DS t;5-Infrastructure P ro;,C Wt Ri:.q;.Ies,'or Pros.7osais `�'
Tulare 51 85 $93,750 $7,968,750 $8,956,250
I
I
Tuolumne 10 17 $93,750 $1,593,750 $2,305,357
Ventura 55 I 92 $93,750 $8,625,000 $9,531,250
I
Yolo 21 35 $93,750 $3,2811250 ' $4,143,750
Yuba 14� 23 $93,750 $2,156,250 $2,880,357
Total 3,000 5,000 $93,750 # $468,750,000 '_. $348,238,389
*The maximum operating budget includes calculated costs for wraparound services, county
1 overhead,justice partner funding, violence risk assessment support, and court liaison positions.
i ** Los Angeles County's FY 21-22 referrals were higher than estimated when the budget for this
program was developed.To stay within budget, Los Angeles will be allocated 5,000 beds less the beds
needed for the 57 other counties. Los Angeles County's operational contract is under negotiation
I currently, so the total is not reflected here.
2.2. PROPOSAL PROCESS
Proposals for the DSH IST Infrastructure Project will be accepted on a rolling basis. Projects that meet
program criteria will be eligible for funding until all grant funds are committed. Proposals will only be
accepted electronically and may not be hand delivered or mailed.The proposal and attachments,along
with instructions for submission of the applicant's online proposal, can be found on the L 1S__
No modified formats of the proposal will be accepted, nor will any
attachments except as provided within the proposal.
Proposals can be submitted at any time via the onil .o-tal. Approved proposals will be funded in the
order in which they are received.There are six steps in this funding process:
Step 1: Applicant submits proposal(s) identifying the number of beds it proposes to provide.
Step 2: Applicant receives award letter or request for revisions from DSH.
Step 3: Upon approval of proposal, applicant executes the Program Funding Agreement(PFA)
Step 4: Applicant submits project package(s)for each infrastructure project to AHP and DSH for
approval.
Step 5:Applicant receives draw-down funding to support their awarded project(s).
Step 6:Applicant submits any additional project application packets (Step 4).
It is the applicant's responsibility to ensure that the submitted proposal is complete and includes all
required supporting forms. Reviewers may request additional clarifying information from the applicant.
DSH 6 T hrr r, r:tcture„mJect Request 7or Proposals 9
Reasonable Accommodations
Section 508 of the American with Disabilities Act(1990) requires "electronic and information technology
to be accessible to people with disabilities. An accessible information technology system is one that can
be operated in a variety of ways and does not rely on a single sense or ability of the user."'AHP
produces all materials in compliance with section 508 for individuals with disabilities.To request and
access accommodations, please email the |ST team at � Dl.
2.3. TECHNICAL ASSISTANCE
AHP Account Managers will work with counties to provide training and TA from subject matter experts
in real estate,financing, and programmatic best practices serving individuals in need of crisis and
behavioral health services.This TA may take the form ofone-on-nne consulting, vvorkcrnups, learning
communities, webinars, and/or other tools and strategies.To request TA, please email the IST team at
Part Project
� � . �
v �� � xnn���� x� ������ on���t���������s ,
3.1. REQUIREMEyJTS
Applicants will receive$93,750 per bed for the approved number of Felony Incompetent to Stand Trial
(FIST) beds in each proposed residence.This funding is intended to provide, prepare, and/or improve a
building(or buildings)for delivery of diversion/CBR services,such as the initial down payment to
purchase a property, refurbishment costs, and/or the costs of furniture needed for occupancy.
Applicants are required to provide documentation of costs for the infrastructure project, such as proof
of purchase of property,costs of rehabilitation construction, and cost of furniture, and/or payment
methodology.
This funding opportunity is available to all counties and non-county entities that partner with a county.
However, counties must clearly indicate their intention to participate in an ongoing DSH diversion
and/or CBR program. All counties are required to execute a contract with DSH to provide a diversion
and/or CBR program for individuals deemed IST on felony charges.Through this service contract, DSH
will provide$228.00 per day per resident, up to a maximum of$125,000 for an anticipated 18-month
length of stay,to cover the costs of wraparound services, as well as additional program funding to
support other operational costs of these programs.Admission into a diversion and/or CBR program is
administered by the courts, and individuals charged with certain types of felonies are excluded; please
see Penal Code section 1O01.]6 for a list of felonies exduded.z
DSH's diversion program is intended to serve eligible felony IST defendants in intensive community-
based service settings. If defendants are successful in the program,their current charges may be
dropped. DSH's CBR program is also community-based treatment, but with the focus of restoring
competency so a defendant's criminal proceedings can resume. Once an individual is restored to
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competency and their charges are resolved, or once an individual completes diversion and the charges
are dropped,the county will be responsible for transitioning them from DSH-funded housing to long-
term community treatment and support to ultimately reduce the cycle of criminalization.
Counties are required to submit the following with their proposals:
• A legally binding letter of intent to contract for operations with DSH utilizing the infrastructure
to be funded (template provided)
• Letters of support for the infrastructure diversion and/or CBR programming from all county
stakeholders participating in the county program and planning team, including but not limited
to:
o County Superior Court representative
o County District Attorney's Office
o County Public Defender's Office (if one exists)
o County Administrator/Executive's Office
o County Behavioral Health Department/Agency
• Applicant's Certification of Prevailing Wage
• Applicant's Certification of Funding Terms
Additionally, non-county entities, such as community-based organizations or private providers, must
have a fully executed, signed Memoranda of Agreement(MOA)or partnership agreement with the
county in order to apply.
Counties and non-county entities must also commit to using the property to serve a DSH-identified
population for 30 years (for new construction projects)or 20 years (for rehabilitation projects).The
restricted use covenant must be signed by the property owner. Properties can be leased, and applicants
can receive IST infrastructure funds to rehabilitate or furnish the residences; however, IST infrastructure
funds cannot be used to pay for lease payments. Counties may also subcontract with other entities to
provide housing and/or services; however,the county and any separate subcontracted service provider
will be named in the restricted use covenant. DSH maintains the right to replace a service provider with
a new service provider if a provider terminates services before fulfilling the 20-or 30-year restricted use
covenant or if the current service provider is not performing to DSH standards.
DSH encourages regional models or partnerships between counties and service providers, especially for
counties projected to need fewer than six IST allocated beds. In counties with higher numbers of IST
allocated beds counties/applicants can apply for funding of larger residences (more than 10 beds)
and/or multiple residences.The maximum amount of funding per site will be adjusted to reflect the
number of individuals to be served by this initiative and/or projected impact of the project, based on
award assumptions previously specified.
Projects must be compliant with all local, county, state, and federal laws,and requirements. Residential
units must meet all building codes and adhere to building standards as outlined in California Code of
Regulations,Title 24, Part 2.5.1
s California Department of General Services.(n.d.). (;r . r_ ir.tM=0ing 5.:ondar;
DSH IS' i,ntr 4structure Project Reques, F r epo ,S[y .��.
Counties can engage athird-party contractor or community-based organization partner to administer all
or a portion of their DSH IST Infrastructure project.Third-party contractors and/or community-based
organization partners will be required to provide a Memorandum of Agreement upon award of funds.
3.2. RESI[]ENT!AL MODEL
The residential model for the DSH IST Infrastructure Project is based on supportive housing models such
as Frequent Users System Engagement(FUSE)'and the Felony Incompetent to Stand Trial Community-
BasedRaotoration <HST-CBR\ programn.sFUSE, aninitiadveoftheCorporationforSupportiveHousing
(CSH), is an evidence-based approach that provides supportive housing with wraparound services. FUSE
has been proven to significantly reduce returns to jail, homelessness, and reliance on emergency health
services.The FIST-CBR, created by DSH and Los Angeles County's Office of Diversion and Reentry(ODR),
provides housing, competency restoration treatment,case management, individual and group therapy,
and medication management.These models combine community-based supportive housing with direct
services, such as intensive case management, medical and behavioral health treatment,and specialized
pretrial probation services,to restore individuals to competency.
For this funding opportunity, residences are intended to be settings to serve between 6 and 10
individuals for an anticipated 1Q-nnonth length ofstay. (n counties with higher numbers of|STallocated
beds counties/applicants can apply for funding of larger residences (more than 10 beds) and/or multiple
residences to meet the needs of their community and take advantage of economies of scale. Counties
with smaller IST populations are encouraged to partner with other counties to develop residences that
will meet the needs of their respective |STindividuals.
Regardless of size, residences must provide bedrooms, bathroom facilities,shared living spaces,and
access to outdoor spaces. DSH will consider a variety of licensed and unlicensed, locked and unlocked
residential treatment homes and facilities, including but not limited to Supported Transitional Housing,
Board and Care,Adult Care Facilities, and Recovery Residences.
As mentioned previously, applicants must contract with D8Hto operate a diversion and/or C8R
program,which will be supported by a $228.00 per day reimbursement per resident(up to a maximum
of$125,000 for an anticipated 18-month length of stay). Residences must provide individuals with
access to supportive staff and a variety of therapeutic and wraparound supportive serviceS6, including
but not limited to the following:
• Intensive case management
* Mental health treatment
° Substance use disorder treatment
*[SH.(n.d.).F11.5fE. i
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6"'Wraparoundsen/ices' meansservicesprnvidedinadditiuntothementa|hea|thtreatmentnecesaarytomeet
the individual's needs for successfully managing the individual's mental health symptoms and to successfully live in
the community." Godu YVe|fa'eand |nstit:UonsCode-WIC§4361.
• Medication management
• Peer support services
• Vocational and rehabilitative services
• Assistance with filling out job application and benefits entitlement paperwork
• Group sessions, including wellness groups
• Family reunification services
• Linkages to community resources
• Criminal justice coordination
• Transportation to/from medical appointments
Community outreach and engagement will be essential to support and sustain the program over time. In
addition to required letters of support for diversion and/or CBR programs, counties are encouraged to
obtain letters of support for their projects from community partners. Partnerships with a variety of
community providers for service delivery and/or care coordination are also critical to successful
outcomes for individuals. Findings from a recent study of FIST-CBR found that linkages to community
providers and services are fundamental to successful outcomes; however,this requires frequent
communication and coordination across numerous providers.'
3.3. ACCESSIBILITY AND NONDISCRIMINATION
All projects proposed and funded shall adhere to the accessibility requirements set forth in California
Building Code Chapters 11A and 11B and the Americans with Disabilities Act,Title II. In addition,
developments shall adhere to either the Uniform Federal Accessibility Standards (UFAS), 24 CFR Part 8,
or the U.S. Department of Housing and Urban Development's(HUD) modified version of the 2010 ADA
Standards for Accessible Design (Alternative 2010 ADAS), HUD-2014-0042-0001, 79 FR 29671 (5/27/14)
(commonly referred to as "the Alternative Standards" or"HUD Deeming Notice").Accessible units shall,
to the maximum extent feasible and subject to reasonable health and safety requirements, be
distributed throughout the project and be available in a sufficient range of sizes and amenities
consistent with 24 CFR Part 8.26.
Awardees shall adopt a written nondiscrimination policy requiring that no person shall—on the grounds
of race,color, religion, sex,gender, gender identity,gender expression, sexual orientation, marital
status, national origin, ancestry,familial status,source of income, disability, age, medical condition,
genetic information,citizenship, primary language, immigration status(except where explicitly
prohibited by federal law),justice system involvement(except where explicitly required by law), or
arbitrary characteristics—be excluded from participation in, be denied the benefits of, or be subjected
to discrimination under, any project or activity funded in whole or in part with funds made available
pursuant to this RFP. Nor shall all other classes of individuals protected from discrimination under
federal or state fair housing laws, individuals perceived to be a member of any of the preceding classes,
or any individual or person associated with any of the preceding classes be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any project or activity funded in
whole or in part with funds made available pursuant to this RFP.
'Ibid.
tfSH 3S Infrm r ucture"role ct Request For Pr-;posak 13
Awardees shall comply with the requirements of the Americans with Disabilities Act of 1990,the Fair
Housing Amendments Act,the California Fair Employment and Housing Act,the Unruh Civil Rights Act,
Government Code Section 11135, Section 504 of the Rehabilitation Act of 1973, and all regulations
promulgated pursuant to those statutes, including 24 CFR Part 100, 24 CFR Part 8, and 28 CFR Part 35,
3.4. STATE AND FEDERAL PREVAILING WAGE
An applicant's DSH IST Infrastructure project is a "public works" project if the applicant intends to use
the DSH IST Infrastructure Project funds for the "[c]onstruction, alteration, demolition, installation, or
repair" of a building or structure (Cal. Lab. Code Section 1720(a); Cal. Lab. Code Section 1750(b)(1)).
Counties using DSH IST Infrastructure funding to fund public works are subject to California's prevailing
wage and working hours laws(Division 2, Part 7,Chapter 1 of the California Labor Code) and the
applicant's project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations (Cal. Lab. Code Section 1771.4(a)(1)).
Applicants must complete Form 1:Applicant's Certification of Prevailing Wage as a part of the proposal
process. If DSH selects a applicant to receive DSH IST Infrastructure Project funding and the applicant is
using the money to fund a public works project,then the applicant shall submit a Certification of
Compliance that includes an attestation from the general contractor certifying that the general
contractor will comply with California's prevailing wage and working hours laws (including posting job
notices, as required by Labor Code Section 1771(a)(2)).The Certification of Compliance shall also state
that the general contractor will maintain its labor records in compliance with all applicable state laws
(Cal. Lab. Code Section 1776) and shall make all labor records available to the Department of Industrial
Relations and any other applicable enforcement agencies upon request(Cal. Lab. Code Section
1771.4(a)(3)).The general contractor(s)and the applicant shall sign the Certification of Compliance.
If DSH selects an applicant to receive DSH IST Infrastructure funding and the applicant is not using the
money to fund a public work,then the applicant shall submit a Certification of Inapplicability to DSH
explaining why the project is not a public work as defined by California Labor Code Section 1720.The
general contractor(s) and the applicant shall sign the Certification of Inapplicability.
Four:Part Award Process
4.1. PROPOSAL CRITERIA
1. Completed proposal, submitted electronically via the portal.
2. Standard letter of intent to contract with DSH for a diversion and/or CBR program (Template
provided).
3. Letters of support from county departments (See Section 3.1).
4. Attestation that the project will meet federal,state,and local laws and regulations.
5. Non-county entities, such as community-based organizations or private providers, must have a
fully executed,signed Memoranda of Agreement(MCA) or partnership agreement with the
county.
I)SL°3S'r y< t. ,c:t 'I"r' ,c'aj x : :=z- cs. <<.r r no oia 14
4.2. AWARD PROCESS
As mentioned previously, there are six steps in the award and funding process: submit proposal, receive
award letter or request for revisions, execute program funding agreement(PFA), submit project
application packet for infrastructure project, begin to draw down funds to support awarded project, and
submit any additional application project packets for more infrastructure projects.After submission of
the proposal, applicants will receive an award email with the PFA from AHP based on the approved
number of beds proposed.The agreement must be signed, returned, and fully executed with AHP before
initial funding will be awarded.This agreement will spell out what information and documents are
necessary for each proposed infrastructure project, including but not limited to an itemized budget,
supporting documentation, construction documents and/or proof of site control,and any Memoranda
of Agreement with housing or direct service partners.After the project application package is completed
and approved, applicants can begin to draw down funds to support their project(s).
Funds awarded pursuant to the project must be used to supplement, and not supplant, other funding
available from existing local,state, or federal programs or from grants with similar purposes. Funding
may not be used for"reimbursement" of previously expended funds. Only those costs that can be
associated with completing the project would be eligible costs.
DSH reserves the right to withdraw an award offer and/or recoup funds from counties if projects are no
longer in compliance with their PFA.
4..3. APPEALS
California law does not provide a protest or appeal process against award decisions made through an
informal selection method. Counties submitting a response to this RFP may not protest or appeal the
award. All award decisions made by DSH shall be final.
Five:Part Project Operations
5.1. DISBURSEMENT OF FUNDS
The PFA will set forth the general conditions for disbursement of funds. Once the PFA between the
awardee and AHP is fully executed, applicants will receive the project application packet for individual
infrastructure projects.This packet will include an application, budget template, and budget
instructions. Once project applications have been approved, applicants can authorize work to begin on
their project and/or draw down funds.Applicants are responsible for managing their own project's legal
requirements and construction management.
Fundamental PFA requirements include the following:
• Sponsors' Responsibilities
• Notice and Cures
• Indemnity
• Fiscal Management
• Fiduciary Responsibilities
V)Sd IST h1firz'l5t!"?.:i'ture ProJeci'Request for C''i"C7€7osals 15
In addition to the above,grantees must record a declaration of restriction for a 30-year service
agreement for new properties or a 20-year service agreement for rehabilitation constructions. In the
event that the service agreement between DSH and the county is no longer in effect, DSH shall record a
termination and release of the deed restriction in the county where the Infrastructure Projects are
located.
Applicants are required to submit a full, complete, and accurate budget with their application. Counties
must ensure that expenses are allowable under the contract and will be expected to provide sufficient
backup documentation.Applicants shall be solely responsible for any costs to complete the project in
excess of the program funds award amount. Neither DSH nor AHP will be responsible for any cost
overruns.Additional details regarding the funding and disbursement process will be provided upon
award.
5.2. PROJECT OVERSIGHT AND REPORTING
As specified by DSH and upon request, applicants shall provide monthly progress reports, budget, and
any updates for completion of the project.The progress reports should include the project's completion
of milestones and any updates or substantial changes. Applicants shall promptly notify DSH of any
changes in organization, authorization, or capacity.This information will be outlined in the PFA.
Applicants are required to meet state financial and administrative reporting requirements and submit
data through an online portal which will be developed for this project. Reporting requirements will
include quarterly reports and a final report.These requirements will be fully detailed upon award.
In addition to the foregoing, each awardee shall submit to DSH periodic reports, updates, and
information as deemed necessary by DSH to monitor compliance and/or perform project evaluation.
Any requested data or information shall be submitted electronically in a format provided by DSH.
Additional reporting requirements may be required by DSH for up to 30 years after the date of award.
Applicants will also be assigned an Account Manager from AHP to assist them in the contracting and
implementation process.The Account Manager will be available on a regular basis to answer questions,
facilitate program operations, and connect with AHP's extensive TA resources. AHP's TA includes subject
matter experts and resources on real estate development and planning,treatment modalities and
therapeutic programming, and program operations.
Part Six: Proposal Worksheet
The online proposal includes the following pages for you to complete.
THIS IS A WORKSHEET, NOT THE REAL PROPOSAL. SUBMIT PROPOSALS ONLINE.
Applicant • Select the California county where
project is located. (dropdown)
• If county applicant, which one county
department will be accepting,
DSH 1ST InF asVL' W'C'Project Request for Pnoposaiks 16
implementing, and monitoring the funds?
(free text entry, one line)
• If non-county entity, please upload MOA
or partnership agreement
Applicant Contact Information For each contact:
• Primary Contact • First Name
• Secondary Contact • Last Name
• Director Contact • Title
• Department
• Phone
• Email
• Address
• City
• State
Will this be a collaborative effort across multiple Yes/No
counties?
If Yes: Please provide the name and contact
information on any collaborating counties
(county name, department, contact first name,
contact last name, email, phone).
Number of beds Please list the number of beds to be provided.
What is the type(s)of infrastructure proposed? The infrastructure project will entail the
following: (Check all that may apply)
• Down payment on a property
• Acquisition of a property
• Ground-up construction of property
• Renovation of a county-owned property
• Renovation of a long-term leased
property
• Purchase of furniture
Letter of intent to contract with DSH Please upload a letter of intent to contract with
DSH for diversion and/or CBR programming,
based on the template provided in the RFP.
Letters of support from key stakeholders Please upload letters of support gathered from
key stakeholders as outlined in section 3.1 of the
RFP.
(Multiple document upload)
• County Superior Court representative
• County District Attorney's Office
• County Public Defender's Office(if
applicable)
• County Administrator/Executive's Office
• County Behavioral Health
Department/Agency
• Other community stakeholders(if
applicable)
D`>t'!'Si lnf, trust=.ire'Proj ctF:C'go "s'ttorp1r pop is 1
Applicant's Certification of Prevailing Wage Please upload Form 1: Applicant's Certification of
Prevailing Wage
Applicant's Certification of Funding Terms Please upload Form 2:Applicant's Certification of
Funding Terms
Part Seven: Attachments
Counties must include all of the following attachments with the proposal.All required forms and
supporting documents must be completed and uploaded in the website portal.
Attachment 1: Letter of intent to contract with DSH (See template provided)
Attachment 2: Letters of support from key county stakeholders, including, but not limited to:
• County Superior Court representative
• County District Attorney's Office
• County Public Defender's Office (if applicable)
• County Administrator/Executive's Office
• County Behavioral Health Department/Agency
Form 1:Applicant's Certification of Prevailing Wage
Description: Certification with an attestation from the general contractor that the
general contractor will comply with California's prevailing wage and working hours laws
Form 2: Applicant's Certification of Funding Terms
Description: Certification that the applicant will receive,expend, and administer all
funds received under this initiative pursuant to the terms outlined.
DSH IST In,,"Istructure Project Request for Proposals 18
ATTACHMENT B
COUNTY PROPOSAL
Application: IST-8834694542
Preetinder Sanghera - psanghera@fresnocountyca.gov
California Department of State Hospitals Incompetent to stand Trial Diversion and Community-Based Restoration
Infrastructure Project -County Proposal
Summary
ID: IST-8834694542
Last submitted: Sep 10 2024 07:39 PM (EDT)
County Proposal
Completed-Sep 10 2024
Proposal - Applying as County
1. Select the California County accepting funds
Fresno County
2. Which one county department will be accepting, implementing, and monitoring the funds?
Department of Behavioral Health
Applicant Contact Information:
3a. Primary Contact
First Name
Preetinder
Last Name
Sanghera
1 / 8
Title
Program Manager
Department
Department of Behavioral Health
Phone
559-600-6840
Email
psanghera(a)fresnocountyca.gov
Address
2925 E. Dakota Avenue
City
Fresno
State
California
2 / 8
Zip code
93726
3b. Secondary Contact
First Name
Derek
Last Name
KAi|kar
Title
Staff Analyst
Department
Department of Behavioral Health
Phone
559-800-6831
Email
3 / 8
Address
1925 E. Dakota Avenue
City
Fresno
State
California
Zip code
93726
3c. Director Contact
First Name
Susan
Last Name
Holt
Title
Director
4 / 8
Department
Department of Behavioral Health
Phone
550-600-9058
Email
sholtCaVresnocountwaxiov
Address
1925E. DakmtuAvenue
City
Fresno
State
California
Zip code
03726
`
5 / 8
4. Will this bea collaborative effort across multiple counties?
No
5. Number ofbeds
Please list the number nf beds tobeprovided:
140
6. What is the type(s)of infrastructure proposed?
The infrastructure project will entail the following:
(Check all that may apply)
Responses Selected:
Down payment onaproperty
Acquisition ofmproperty
Ground-up construction of property
Renovation ofaproperty
Purchase offurniture
7. Letter of intent tm contract with DSH
Please upload m letter of intent to contract with DSH (Download temp ate here),for diversion and/nrCBR
programming, based on the template provided intheTlFP.
Fresno County Letter of
m�f FkUwmmmnm: Fresno County Letter of |ntenLpdf Size: H1.2kB
8 / 8
8. Letter mf support from County Superior Court representative
Please upload letters of support from County Superior Court representative as outlined in section 3.1 of the RFP
,(QLck here to see PFP)
Letter of Support - Superior Court- Completed.pdf
Filename: Letter of Support - Superior Court -Completed.pdf Size: 388.8 kB
8, Letter af support from County District Attorney'sOffice
Please upload letters of support from County District Attorney's Office as outlined in section 3.1 of the RFP (Click
Support'here to see RFP'
Letter of y.m�f
Filename: Letter of Support - District Attornoypdf Size: 383.8kB
1O. Letter mf support from County Public Defender's Office (if applicable)
Please upload letters of support from County Public Defender's Office (if applicable) as outlined in section 3.1 of the
AFP )
Fi|enamnm: Letter of Support' Public Oefendecpdf Size: 354.QhB
11. Lettmr of support from County /\dnmin|etra0or/Exacutivn'sOffice
Please upload letters of support from County Administrator/Executive's Office as outlined in section 3.1 of the RFP
)
Letter Of Sup Qgf
Fillemamne: Letter Of Support- |ST- Felons Infrastructure Grant - Fresno County CAO -Comp|eUad.pdf Size: 3O4.6kB
7 / 8
12. Letter mfsupport from County Behavioral Health Department/Agency
Please upload letters mf support from Behavioral Health Department/Agency as outlined in section 3.1 of the RFP
Letter of Support DBH - Infrastructure Fundin -completed -Cop
.q-
Filename: Letter of Support DBH - Infrastructure Funding -completed -Copy.pdf Size: 224.1kB
13. Cmunty's Certification Vf Prevailing Wage
Please upload Form1: County'sCertifioadon of Prevailing Wage (Download )
Form 1 - Fresno County Certification of Prevailing
o�f Filename: Form I - Fresno County Certification of Prevailing Wage.pdf Size: 77.0kB
14. County`m Certification of Funding Terms
Please upload Form 2: County's Certification of Funding Tenns{ )
mdf Filename: Form 2 - Fresno County Certification of Funding Terms.pdf Size: 145.7 kB
15. Letter of support from other community stakeholders
Please upload letters of support from other community stakeholders as outlined in section 3.1 of the RFP
to see RFP),
Fresno County Board of Supervisors App oval FIST BAI-9-10-24.p f
Filename: Fresno County Board of Supervisors Approval FIST BAI-9-10-24.pdf Size: 102.3 kB
8 / 8
co
ter
fig �a Countv of Fresno
COUNTY ADMINISTRATIVE OFFICE
PAUL NERLAND
COUNTY ADMINISTRATIVE OFFICER
August 22, 2024
California Department of State Hospitals
Stephanie Clendenin, Director
1215 "O" Street
Sacramento, CA 95814
Re: Letter of Support—California Department of State Hospitals Incompetent to Stand
Trial (IST) Diversion and Community-Based Restoration Infrastructure Program
Dear Ms. Clendenin,
I am writing to express my support for the County of Fresno, Felony Incompetent to Stand Trial
(FIST) Diversion and Community-Based Restoration Infrastructure proposal. It is my
understanding that this project, if awarded will provide clinically appropriate, evidence-based
mental health treatment and wraparound services for all FIST clients housed through the
proposed Infrastructure Project.
As a representative of the County Administrative Office, I believe that this project will have a
significant impact an our community. This proposal aims to address critical infrastructure needs
in our region and for this population.
On behalf of County Administrative Office, I am in full support of the County of Fresno, Felony
Incompetent to Stand Trial (FIST) Diversion and Community-Based Restoration Infrastructure
proposal.
Thank you for your attention to this matter, and I look forward to the difference this project will
make for our community.
Sincerely,
Paul Nerland
County Administrative Officer
County of Fresno
Hall of Records/2281 Tulare Street, Room 304 J Fresno,California 93721/(559)600-1710/Fax(559)600-1230
The County of Fresno is an Equal Employment Opportunity Employer
Form 1; County's Certification of Prevailing Wage
1, Susan L. Holt as Lead Authorized Representative of
Fresno County Dept of Behavioral Health(insert name of county),certify that:
1.The information and statements set forth below are,to the best of my knowledge and belief,true and
correct.
2. 1 possess the legal authority to submit this certification on behalf of the County.
3. 1 am providing this information in conjunction with an application for funding from the State of
California Department of State Hospitals'(DSH's)Incompetent to Stand Trial Diversion and Community-
Based Restoration Infrastructure Project and acknowledge that the State and its administrator,
Advocates for Human Potential, Inc. (AHP),are relying on this information in awarding grant funds.
4. For construction projects,the County will submit a construction budget prepared with the assistance
of a licensed contractor,architect,or experienced construction manager that specifically adheres to the
compliance requirements that all construction work will be performed by skilled workers being paid
current prevailing wages for the project's region, pursuant to California Labor Code 1720 et seq. I further
certify that the County shall,in constructing the project,meet the prevailing wage requirements for
construction projects in the State of California(Lab.Code,Sec 1720 et seq.).The County shall, prior to
commencing construction of the project, provide a certification of compliance with California's
prevailing wage law,registration with the California Department of Industrial Relations(DIR),as well as
compliance with all applicable federal prevailing wage law.The certification shall(a)verify that
prevailing wages have been or will be paid,(b)verify that labor records will be maintained and made
available to any enforcement agency upon request,(c)verify that the County's contractor is registered
with DIR and(d)be signed by the general contractor(s)and the County.
The County shall defend, indemnify,and hold harmless DSH,the State of California,and all officers,
trustees,agents,and employees of the same,as well as AHP,from and against any and all claims,losses,
costs,damages,or liabilities of any kind or nature,including attorneys'fees,whether direct or indirect,
arising from or relating to the project.
I certify that the above information is true and correct and that County will comply with all requirements
set forth above as a condition of receiving the grant funds.
sus<ir,Ho (Sep 0.2U416 PDT! Sep 10,2024
Signature of Lead Authorized Representative Date
Susan L. Holt, 1.MFT Director of Behavioral Health
Typed Name of Signatory Title of Signatory
cap,
County of Fresno
DEPARTMENT OF BEHAVIORAL HEALTH
SUSAN L.HOLT
DIRECTOR OF BEHAVIORAL HEALTH
' PUBLIC GUARDIAN
September 10, 2024
California Department of State Hospitals
Stephanie Clendenin,Director
1215 O Street
Sacramento, CA 95814
Subject: Letter of Intent to Contract: for the Incompetent to Stand Trial Diversion and Community
Based Restoration Infrastructure Project
Dear Ms. Clendenin:
This letter is to confirm County of Fresno's intent to contract with the Department of
State Hospitals (DSH), for purposes of serving Felony Incompetent to Stand Trial
(FIST) defendants in the community through a Felony Mental Health Diversion/Community Based
Restoration Program.
County of Fresno will use the beds funded by DSH through the Incompetent to Stand Trial
Diversion and Community-Based Restoration Infrastructure Project to implement
programming to admit up to 140 FIST clients per year after approval. County of Fresno will execute
subsequent DSH contract and implement programming that provides clinically appropriate,
evidence-based mental health treatment and wraparound services for all FIST clients housed in
infrastructure awarded through the Infrastructure Project.
Sincerely,
Ak
Susan Holt(Sep 10,2024 16:01 PDT)
Susan L. Holt,Director, Department of Behavioral Health
County of Fresno
cc: Dylan McCully, Program Manager, CAO
1925 E.Dakota Ave.,Fresno,CA 93726
PHONE(559)600-9180 www.liopefresnocounty.com
co
County of Fresno
DEPARTMENT OF BEHAVIORAL HEALTH
SUSAN L. HOLT
DIRECTOR OF BEHAVIORAL HEALTH
PUBLIC GUARDIAN
August 21, 2024
California Department of State Hospitals
Stephanie Clendenin,Director
1215 "O" Street
Sacramento, CA 95814
Re: Letter of Support—California Department of State Hospitals Incompetent to Stand Trial (IST)
Diversion and Community-Based Restoration Infrastructure Program
Dear Ms. Clendenin,
1 am writing to express my strong support for the County of Fresno, Felony Incompetent to Stand
Trial (FIST) Diversion and Community-Based Restoration Infrastructure proposal. It is understood
that clinically appropriate, evidence-based mental health treatment and wraparound services for all
FIST clients housed in infrastructure awarded through the Infrastructure Project will be provided.
As a representative of the Fresno County Department of Behavioral Health,I believe that this
project will have a significant impact on our community. This proposal aims to address critical
infrastructure needs in our area and for this population.
On behalf of Fresno County Department of Behavioral Health, I fully endorse the County of
Fresno, Felony Incompetent to Stand Trial (FIST) Diversion and Community-Based Restoration
Infrastructure proposal.
Thank you for your attention to this matter,and I look forward to the difference this project will
make for our community.
Sincerely,
Susan L. Holt,Director, Department of Behavioral Health
County of Fresno
1925 E.Dakota Ave.,Fresno,CA 93726
PHONE(559)600-9180 www.hopefresnocounty.com
The County of Fresno is an Equal Employment Opportunity Employer
a ..
COUNTY OF FRESNO
Lisa A. Smittcamp
District Attorney
August 19, 2024
California Department of State Hospitals
Stephanie Clendenin, Director
1215 "O" Street
Sacramento, CA 95814
Re: Letter of Support—California Department of State Hospitals Incompetent to Stand Trial
(IST) Diversion and Community-Based Restoration Infrastructure Program
Dear Ms. Clendenin,
I am writing to express my strong support for the County of Fresno, Felony incompetent to
Stand Trial (FIST) Diversion and Community-Based Restoration infrastructure proposal. It is
understood that clinically appropriate, evidence-based mental health treatment and
wraparound services for all FIST clients housed in infrastructure awarded through the
Infrastructure Project will be provided.
As a representative of the Fresno County District Attorney's Office, I believe that this project
will have a significant impact on our community.This proposal aims to address critical
infrastructure needs in our area and for this population.
On behalf of Fresno County District Attorney's Office, 1 fully endorse the County of Fresno,
Felony Incompetent to Stand Trial (FIST) Diversion and Community-Based Restoration
infrastructure proposal.
Thank you for your attention to this matter, and 1 look forward to the difference this project will
make for our community.
Sincerely,
Lisa A. Smittcamp
District Attorney
2100 Tulare Street I Fresno,California 93721
(559)600.31411 Fax(559) 600.4400
Equal Opportunity Employer
}
Board Agenda Item 30
DATE: September 10, 2024
TO: Board of Supervisors
SUBMITTED BY: Susan L. Holt, Director, Department of Behavioral Health
SUBJECT: Felony Incompetent to Stand Trial Infrastructure Grant Program Application
RECOMMENDED ACTION(S):
1. Approve and authorize the Director of the Department of Behavioral Health to submit a grant
application to the California Department of State Hospitals for the Felony Incompetent to
Stand Trial Infrastructure Grant Program Application for up to$13,125,000 for diversion
and/or community-based restoration programs; and
2. Approve and authorize the Director of the Department of Behavioral Health to submit a letter
of intent informing the California Department of State Hospitals of the County's intent to
contract with them for the purpose of serving Felony Incompetent to Stand Trial defendants
through a Felony Mental Health Diversion Community-Based Restoration program.
The California Department of State Hospitals (DSH) has issued a Request for Proposal (RFP)for the
Incompetent to Stand Trial Infrastructure Grant Program, to build out the state's capacity of residential
treatment homes and facilities. This funding opportunity is open to California counties that commit to
contract with DSH for ongoing diversion and/or community-based restoration (CBR) programs.The County
is eligible to apply for up to$13,125,000.
There is no additional Net County Cost associated with the approval of the recommended actions. The
Department of Behavioral Health (Department)will collaborate with its community partners including the
Fresno County Superior Court, Fresno County District Attorney's Office, Fresno County Public Defender's
Office, the County Administrative Office as well as community-based organizations in the development of
diversion and CBR residential treatment homes and facilities. This item is countywide.
ALTERNATIVE ACTION(S):
If your Board does not approve the recommended actions, the County would forego up to $13,125,000 in
State funding to construct new facilities or renovate facilities to house Felony Incompetent to Stand Trial
(FIST)persons served.Additionally, the Department would have to return to your Board for signature on all
necessary grant funding documents, reports and forms.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. If awarded grant
infrastructure funding, the County will be eligible to build or renovate up to 140 FIST beds. DSH will
reimburse the County at the rate of$93,750 per bed, with maximum funding of$13,125,000, No County
matching contribution is required. The grant allows recipients to use up to 15% of total grant funds for
administrative costs. County will receive infrastructure funds upon approval of the project application packet
which will be created by the Department and submitted to DSH after receipt of the grant award letter.At
County of Fresno Page i Fite Number.24-0907
File Number:24-0907
that time the Department will seek approval from your Board for a Budget Resolution which will include the
total funds awarded by DSH based upon the number of beds involved in the building project.
DISCUSSION:
On March 1, 2023, DSH released Round 1 of the FIST Diversion and Community Based Restoration
Infrastructure Program RFP. On June 20, 2024, the RFP was revised with the deadline to submit
responses extended to October 31, 2024. Funding is available to build out the state's capacity of residential
treatment homes and facilities. This funding opportunity is open to California counties that commit to
contract with DSH for ongoing diversion and/or CBR programs.All infrastructure funds must be expended
by June 30, 2028. The County is eligible to apply for a maximum amount of$13,125,000.
On September 22, 2020, the County entered into an agreement with DSH for a pilot diversion program for
FIST persons served which funds specialty mental health and supportive services. This DSH agreement
allowed for a continuum of care to be developed for flexibility in moving the person served between the
different levels of care seamlessly as clinically indicated to meet their unique specialty mental health,
substance use disorder, and/or any additional wraparound service needs.The levels of care included
Assertive Community Treatment, Full Service Partnership, Intensive Case Management, Outpatient, and
Outreach and Engagement. If awarded the Infrastructure Grant, the County will be required to commit to
using the property(s)to serve DSH identified clients for 30 years for new construction projects or 20 years
for rehabilitation/renovation projects.
The ongoing cost of supportive services will be provided through a separate service agreement with DSH.
Counties will receive $125,000 per felony FIST persons served apportioned over 18 months,treated in
either a CBR or a diversion program. This rate is intended to support an intensive community treatment
model with increased frequency of clinical contacts and access to psychiatry services, as well as all
wraparound services. Admission into a diversion and/or CBR program is administered by the courts, and
individuals charged with certain types of felonies are excluded. If defendants are successful in the program,
their current charges may be dropped, or their competency restored so that criminal proceedings can
resume.
The services to be provided through this grant program will be part of a collaborative effort between the
Fresno County Superior Court, District Attorney's Office, Public Defender's Office, community-based
organizations, and the Department.
If awarded, the Department will return to your Board for approval of the proposed grant agreement and any
community-based housing and treatment facility agreements.
OTHER REVIEWING AGENCIES:
The Fresno County Behavioral Health Board was informed of this agenda item at the August 15, 2024
meeting.
REFERENCE MATERIAL:
BAI #26.1, September 22, 2020
BAI#32.1, October 23, 2018
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk-Grant Proposal Documents
On file with Clerk- Letter of Intent
On file with Clerk-Letter of Support DBH
County of Fresno Page 2 File Number:24-0907
File Number:24-0907
CAO ANALYST:
Dylan McCully
County of Fresno Page 3 File Number:24-0907
Trrunbq of
DAWN ANNINO FRESNO CALIFORNIA93724-0002
Court Executive Officer (659)457-2010
E-mail,dannino@fresno wurts.ca.gov
August 19, 2024
California Department of State Hospitals
Stephanie Clendenin, Director
1215 "O" Street
Sacramento, CA 95814
Re: Letter of Support--California Department of State Hospitals
Incompetent to Stand Trial (IST) Diversion and Community-Based Restoration
Infrastructure Program
Dear Ms. Clendenin,
I am writing to express my strong support for the County of Fresno, Felony Incompetent
to Stand Trial (FIST) Diversion and Community-Based Restoration Infrastructure proposal. It
is understood that clinically appropriate, evidence-based mental health treatment and
wraparound services for all FIST clients housed in infrastructure awarded through the
Infrastructure Project will be provided.
As a representative of the Superior Court of Fresno, I believe that this project will have a
significant impact on our community. This proposal aims to address critical infrastructure
needs in our area and for this population.
On behalf of the Superior Court of Fresno, I fully endorse the County of Fresno,
Felony Incompetent to Stand Trial (FIST) Diversion and Community-Based Restoration
Infrastructure proposal.
Thank you for your attention to this matter, and I look forward to the difference this
project will make for our community.
Sincerely,
Dawn Annino
Court Executive Officer
Superior Court of California, County of Fresno
Form 2: County's Certification of Funding Terms
1, Susan L.Holt as the lead Authorized Representative of
Fresno County Dept.of Behavioral Health (name of county)certify that:
1.The information,statements,and attachments included in this application are,to the best of my
knowledge and belief,true and correct.
2. 1 possess the legal authority to submit this application on behalf of the entity identified as the County
for funding.
3.The following is a complete disclosure of all identities of interest—of all persons or entities, including
affiliates,that will provide goods or services to the Department of State Hospitals'(DSH's) Incompetent
to Stand Trial Diversion and Community-Based Restoration Infrastructure Project(Project)either(a)in
one or more capacity or(b)that qualify as a "Related Party"to any person or entity that will provide
goods or services to the Project. "Related Party" is defined in Section 10302 of Title 4 of the California
Code of Regulations(CTCAC Regulations).
4,As of the date of the application,the Project,or the real property on which the Project is proposed
(Property), is not party to or the subject of any claim or action at the state or federal appellate level.
S. I have disclosed and described below any claim or action undertaken that affects or potentially affects
the feasibility of the Project. In addition, I acknowledge that all information in this application and
attachments is public and may be disclosed by the State.
6. 1 understand and agree that DSH will require Counties to submit a complete application with all
required documents.Further, I understand and agree that DSH reserves the right to request clarification
of unclear or ambiguous statements made in an application and in other supporting documents.
7.1 understand and agree with DSH that funds awarded pursuant to the program must be used to
supplement,and not supplant,other funding available from existing local,state,or federal programs or
from grants with similar purposes.Funding may not be used for"reimbursement."Only those costs that
can be associated with completing the project would be eligible costs, per the Welfare and Institutions
Code,Section 5960.15.
8. 1 further warrant and certify that County will comply with the following guidelines as a condition of
receiving this funding:
t
a.County commits to serving the felony IST population as identified by the courts for the Project.
b.County commits to the provision of services and building use restrictions(property title shall be
legally encumbered for required term)for 20 years for rehabilitation projects or 30 years for new
construction after the project is placed in service.
c. County shall use professionally licensed and insured contractors to carry out the work required for
the Project.
d.County shall comply with all applicable federal,state,and local relocation laws and shall have an
approved relocation plan prior to proceeding with any phase of the Project that will result in the
displacement of persons or businesses,if the proposed project requires relocation of any current
residents.
e.County shall adhere to the accessibility requirements set forth in California Building Code Chapter
11A and Chapter 11B and the Americans with Disabilities Act,Title 11.
f.County shall meet the prevailing wage requirements for construction projects in the State of
California(Lab.Code,Sec 1720 et seq.).County shall provide a certification of compliance with
California's prevailing wage law,as well as all applicable federal prevailing wage law.The
certification shall(a)verify that prevailing wages have been or will be paid,(b)verify that labor
records will be maintained and made available to any enforcement agency upon request,and(c)be
signed by the general contractor(s)and the County.
g.County shall collect and report data to DSH as required.
The County shall defend, indemnify,and hold harmless the Authority and the State of California,and all
officers,trustees, agents,and employees of the same,as well as Advocates for Human Potential, Inc.
(AHP),the third-party administrator,from and against any and all claims,losses,costs,damages,or
liabilities of any kind or nature,including attorneys'fees,whether direct or indirect,arising from or
relating to the Project.
I certify that[insert County name]will receive,expend,and administer all funds received under this
initiative pursuant to the terms outlined above and understand this is a condition of receiving such
funds.
The information provided within the form and attached is true and correct.
1&Val I r Sep 10,2024
Susze H,*,i,5tip 16,2024 16:01 PU'Fi
Signature of Lead Authorized Representative Date
Susan L. Holt, LMFT Director of Behavioral Health
Typed Name of Signatory Title of Signatory
COUNTY OF FRESNO
Antoinette TaiRa.c
Public Defender
August 12, 2024
California Department of State Hospitals
Stephanie Clendenin, Director
1215 "O" Street
Sacramento, CA 9581
Re; Letter of Support--California Department of State Hospitals Incompetent to Stand Trial
(IST) Diversion and Community-Based Restoration Infrastructure Program
Dear Pis. Clendenin,
I am writing to express my strong support for the County of Fresno, Felony Incompetent to
Stand Trial (FIST) Diversion and Community-Based Restoration Infrastructure proposal. It is
understood that clinically appropriate, evidence-based mental health treatment and wraparound
services for all FIST clients housed in infrastructure awarded through the Infrastructure Project
will be provided.
As a representative of the Fresno County Public Defender's Office, I believe that this project will
have a significant impact on our community. This proposal aims to address critical infrastructure
needs in our area and for this population.
On behalf of the Fresno County Public Defender's Office, I fully endorse the County of Fresno,
Felony Incompetent to Stand Trial (FIST) Diversion and Community-Based Restoration
Infrastructure proposal.
Thank you for your attention to this matter, and I look forward to the difference this project will
make for our community.
Sincerely,
.r
Antoinee Tailla-c
Public Defender
2135 Fresno Street,Suite 100/Fresno,California 93721
i, � l Telephone(559)600-35461 Fax(559)600.1570
Equal Opportunity Employer
ATTACHMENT C
AWARD LETTER
State of California — Department of State Hospitals Gavin Newsom, Governor
Community Forensic Partnerships Division
1215 O St.
m
Sacramento, California 95814
www.dsh.cg
October 4, 2024
Preetinder Sanghera
Program Manager
Fresno County Department of Behavioral Health
1925 East Dakota Avenue
Fresno, California 93726
Subject: Award Letter— Department of State Hospitals (DSH) Incompetent to
Stand Trial (IST) Diversion and Community-Based Restoration (CBR)
Infrastructure Project
Dear Preetinder Sanghera:
Thank you for your submission to the DSH IST Infrastructure Program. DSH is
pleased to announce that Fresno County's proposal for 140 beds for an amount
not to exceed $13,125,000 has been approved.
Advocates for Human Potential (AHP), a research and consulting firm, provides
project management services to DSH in the outreach, technical assistance,
solicitation, and selection processes as well as the negotiation and contracting
process for awarding the IST Infrastructure funding.
The next steps are to execute the Program Funding Agreement and submit an
online project application packet. Please read the project application packet here
and submit your application through the link in the document.
Please contact your assigned Grant Liason, Channing Lawrence, at
clawrence(ablahmet.com to begin this process and for technical assistance on
completing all required contracting documentation and/or project application
packages.
DSH is excited to embark on this endeavor with you to develop residential
housing settings for individuals deemed IST who are participating in either DSH-
funded diversion and/or CBR programs.
Sincerely,
5t�..`-"'
Stacey Camacho
Deputy Director
Community Forensic Partnerships Division
Department of State Hospitals
S.U.kak bnr� T3...r'�l"+S,iy o_S a Safe -,,n l §'"«aplt 2y . omo ?Ow
October 4, 2024
Preetinder Sanghera
Page 2 of 2
Cc: Chris Edens, Chief Deputy Director, Program Services
Ashley Breth, Assistant Deputy Director
Lindsay Boulton, Program Section Chief
Kionna Howard, Health Program Manager I
Advocates for Human Potential (AHP)
"Ca,ri,ng Todayfor a Saft,', an(J Heal OW Toyiion,'o w
Electronic Record of Contracts
This document was generated as a record of certain contracts created,accepted and stored electronically.
M�Twm
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Summary of Contracts
This document contains the following contracts.
DSH IST Award Letter Fresno County 57e7cbef-ceab-4632-8298-954984efd7a3
Contract signed by:
Stacey Carnacho JD. 769b3ae4-f8f0-4a71-9fa4-247aObeblf48
stacey.camacho@dsh,ca.gov
Dare;T, Oct 8,2024 at 12:38 PM EDT
P A,,Jc rnss,- 6411 2.l 28,254
Mozilla/5.0(Windows NT 10.0;Win64;x64)AppleWebKit/537.36(KHTML,like Gecko)Chrome/I 29.0.0.0 Safari/537.36
User Agen�, Edg/I 29.0.0.0
ATTACHMENT D
FORM OF PROJECT APPLICATION
DSH IST Diversion and Community-Based Restoration Infrastructure
Project Application Packet
The purpose of the Department of State Hospitals (DSH) Incompetent to Stand Trial
Diversion and Community-Based Restoration Infrastructure Project (DSH IST
Infrastructure Project) is to create up to 5,000 beds statewide for individuals deemed
incompetent to stand trial (IST)who have been referred to DSH-funded diversion and
community-based restoration (CBR) programs.
This opportunity provides one-time funding to counties and non-county entities to cover
the costs of acquisition or down payment on a property, rehabilitation of a property,
and/or furniture and minor equipment needed for occupancy. Counties and providers
that elect to use the housing to serve a mixed population and allocate a certain number
of beds to non-DSH funded participants must do so at their own cost. Counties and
providers that participate in this funding opportunity must commit to contracting with
DSH for a mental health diversion and/or CBR program and agree to a restrictive
covenant that the property will be used to serve DSH-identified populations for a
minimum of 20-30 years from the date of program activation based on the type of
infrastructure project. A property that is either newly acquired or constructed shall
require a 30-year covenant and a rehabilitation property shall require a 20-year
covenant. In the event that the Legislature defunds the DSH community-based
programs and the service agreement by and between DSH and the county is no longer
in effect, DSH shall record a termination and release of the deed restriction in the
county where the Infrastructure Projects are located.
Applicants are required to complete and submit a Project Application Packet through the
application portal on the DSH IST website. A single, unique, and distinct Project
Application Packet is required for each proposed building at each separate and distinct
address and assessor's parcel number (APN) or lot number (#).
Applicants will have an opportunity to access the application portal to add or amend
information up to the time of formal application submission. It is the applicant's
responsibility to ensure that the submitted application is accurate and complete. No
edits can be made after submission. However, reviewers may request additional
clarifying information from applicants at any time after application submission.
The online proposal includes the following pages for you to complete. For questions
regarding the DSH IST Infrastructure Project Application Packet or for assistance with
technical difficulties related to your online application, please email ISTO),ahpnet.com.
Below, you will find a WORKSHEET (not the actual application). Please use this
worksheet as a guide to complete the online application.
DSH IST Diversion and Community-Based Restoration Infrastructure
Project Application Packet
1. Project Site Information: Enter the street address of the proposed project. For
ground-up construction, enter the assessor's parcel number (APN) or Lot Number
(#) if no address has been assigned. Abbreviate as follows: Rd., St., PI., Blvd., Ave.
Project Title Project Title should be concise and remain consistent on all
documents.
Residential Type Single Family Home
• Duplex
• Townhouse
• Apartment
• Condominium
• Hotel or Motel
• Other (please specify)
(Street)Address 1
(Street) Address 2
City
State
Zip Code
County
Assessor's Parcel
Numbers APNs
Lot#
Number of Beds
Number of Bedrooms
Maximum Funding Automatic sum of number of beds x$93,750
Amount Requested
2. Applicant Information
First Name
Last Name
Contact Title
Organization/Entity
Department
Telephone
Email
2
DSH IST Diversion and Community-Based Restoration Infrastructure
Project Application Packet
Organization Name
(Street)Address 1
(Street) Address 2
City
State
Zip+4 Postal Code
Contact First Name
Contact Last Name
Title
Email
Telephone
3. Facility Information
Please choose the facility type that best defines your project.
❑ Supported Transitional Housing: Supported, yet temporary, type of
accommodation that provides structure, supervision, support for behavioral
health, life skills, education, and/or training.
❑ Board and Care: Non-medical, custodial care provided in a single-family
residence, retirement residence, or an appropriate care facility including
nursing home. This is a facility licensed to care for more than six (6) residents
by Community Care Licensing, a division of the California Department of
Social Services.
❑ Adult Care Facility: Provides 24-hour, non-medical care, and supervision for
clients ages 18-59 or any person 60 years of age or older under specified
requirements. Clients may have a mental, physical, or developmental
disability.
❑ Recovery Residence: Residential dwelling that provides primary housing for
individuals who seek a cooperative living arrangement that supports personal
recovery from a substance use disorder (SUD), and that does not require
licensure or does not provide licensable services. A recovery residence may
include, but is not limited to, sober living homes, sober living environments, or
unlicensed alcohol and drug-free residences.
3
DSH 1ST Diversion and Community-Based Restoration Infrastructure
Project Application Packet
❑ Other (Please specify in the box below.)
Will the proposed facility be locked or unlocked?
❑ Locked
❑ Unlocked
Will the proposed facility be licensed once it is established?
❑ Yes
❑ No
If yes, please list any behavioral health licensing, certifications, and/or accreditations
required at the state and/or local level to operate the existing program. Include existing
licensing and certification numbers and named holders as applicable.
1
4. Residential Unit Details
Residences must provide bedrooms, bathrooms, shared living spaces, and access to
outdoor spaces for individuals deemed IST, and no more than two individuals can
occupy one bedroom. Please describe the residential site including number of
bedrooms, persons/bedrooms, bathroom facilities, shared living spaces, and access to
outdoor spaces. Include any site amenities, such as community and common areas,
laundry, gated access, security, recreational areas, and community garden (limit 1,000
words).
DSH IST Diversion and Community-Based Restoration Infrastructure
Project Application Packet
6. Infrastructure Project Details
Below are the definitions for the various types of infrastructure projects covered by this
funding opportunity.
Acquisition of a property: Purchase of real estate assets or property; total cost incurred
in purchase of a property including price of property and various fees and expenses.
Down Payment on a property. The initial payment made toward a property, which is the
difference between the property's purchase price and the amount of the mortgage.
Rehabilitation Construction or Remodel of a property: The total amount of money spent
on materials, specialty tools, and labor for the purpose of updating, renovating,
improving, expanding, or retrofitting an existing building. Funds can be used for a
property that is owned by the county or a property the county will lease.
Ground-up Construction of a property: Construction of a new building.
Furniture, Fixtures, and Equipment. Refers to movable furniture, fixtures, or other
equipment that have no permanent connection to the structure of a building and are
required for occupancy and service delivery.
Please identify the type(s) of infrastructure project proposed. Check all that may apply.
* Acquisition of a property
* Down Payment on a property
* Rehabilitation Construction or Remodel of a property
* Ground-up Construction of property
* Furniture, Fixtures, and Equipment
Please provide a detailed, narrative description of the proposed project plan. Please
describe any preliminary site plans, design drawings, and/or construction plans for the
proposed project, and proposed milestone schedule. Projects must be compliant with all
local, county, state, and federal laws and requirements. Residential units must meet all
building codes and adhere to building standards as outlined in California Code of
Regulations, Title 24, Part 2.5. Applicants are solely responsible for any and all legal
standards, statutes, state, local and municipal building codes, and ordinances.
Furthermore, Applicants are solely responsible for the construction management for
building standards.'
1 California Department of General Services.(n.d.).��cdi�ornia�Buildin�Stand�qrds Co�mmissio�n.
https.Dwww.d&s.ca,go�yB C
6
DSH IST Diversion and Community-Based Restoration Infrastructure
Project Application Packet
Please note:A DSH IST Infrastructure project is a "public works" project if the county
intends to use the DSH IST Infrastructure Project funds for the "[c]onstruction,
alteration, demolition, installation, or repair" of a building or structure (Cal. Lab. Code
Section 1720(a); Cal. Lab. Code Section 1750(b)(1)). Counties using DSH IST
Infrastructure funding to fund public works are subject to California's prevailing wage
and working hours laws (Division 2, Part 7, Chapter 1 of the California Labor Code) and
the county's project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations (Cal. Lab. Code Section 1771.4(a)(1)).
7
DSH 1ST Diversion and Community-Based Restoration Infrastructure
Project Application Packet
Please label all files for upload as follows: Document Title—Project Title Date
Submitted. Keep file names short— abbreviations are acceptable.
1. Project Budget Template
Please ensure that you have uploaded the total budget for the project using the
template provided and make sure the budget is aligned with the deadline for the
expenditure of funds. If the project costs exceed the DSH funding allotment, please
clearly indicate which budget items are intended to be covered through the IST
Infrastructure project. All funds must be expended by June 30, 2028.
E
Does this project require funding from an alternative source?
❑ No
❑ Yes
o If yes, please provide the following information for each separate source of
funding.
Source 1:
Amount of funding:
Date the funding will be secured:
❑ Upload documentation of alternative funding
Source 2:
Amount of funding:
Date the funding will be secured:
❑ Upload documentation of alternative funding
In the box below, please provide details about the information included in your budget
template. Please also identify the other funding source that will be used for the non-
DSH funded participants if applicable (limit 500 words). Please refer to the Budget
Instructions.
DSH IST Diversion and Community-Based Restoration Infrastructure
Project Application Packet
2. Acquisition of or down payment on a Property
In order to be considered for an acquisition or down payment of property, the
grantee must submit one of the following:
• Executed Purchase and Sale Agreement (PSA) closing is contingent upon
DSH approval,
Or
• an executed Exclusive Negotiation Agreement (ENA) closing is contingent
upon DSH approval.
Or
• A Letter of Intent (LOI)that outlines the terms of a sale providing that a
fully executed option will be completed within 60 days of application
submission date.
THANK YOU!
Thank you for completing the DSH IST Infrastructure Project Packet. An email
confirmation will be sent to your Lead Authorized Representative's email address, as
listed in this packet, once the application is submitted. If you have any questions, please
contact IST@ahpnet.com.
Following the review and approval of the application by DSH, applicants can authorize
work to begin on the project, and can submit a Request for Funds Distribution form in
the IST portal.
ATTACHMENT E
FORM OF DISBURSEMENT REQUEST
ATTACHMENT E
FORM OfDISBURSEMENT REQUEST
Create Fund Allocation Request
COUNTY INFORMATION
*County Name
*County Department Administering DSH'|ST County Funds
*Authorized Representative Person Completing this Form
*Authorized Representative Email *Authorized Representative Phone
*1 hereby request initial funding of 100%of total funding awarded under the DSH-IST Program
* Yes
0 No
*What is the date you plan to request this advance disbursement after PFA execution?
ELECTRONIC FUNDS TRANSFER SET-UP
*Select one:
Yes'the County agrees to provide electronic banking informnabonto set-up the electronic funds
@y
transfer process with AHP
0 No,the County declines to provide electronic banking information and xviUbe requesting checks
be mailed to the following address and attention line:
*Street Address Line
*City *State ~Zip
If you wish for funds to be disbursed electronically, please provide your banking information to enable
AHP to be able to pay invoices via Electronic Funds Transfer(EFT)by uploading a copy of a voided check
or recent bank statement here,within this form,to verify the bank account information.
*ABA Routing Number for ACHtransfers:
*Account Number:
*Account Holder Name:
*Bank Name:
Bank Mailing Address
*Street Address Line 2
*City *State *Zip
*Email account to which the remittance detail information should be sent
*Type of bank account(select one):
O Checking
p Savings
ELECTRONIC SIGNATURE AND ACKNOWLEDGEMENT
I attest that as a duly authorized Representative of County,I am requesting that AHP
disburse the 100%of DSH-IST Funding as outlined in the County's executed PFA.
*Name of Authorized County Representative,used as an electronic signature:
*Date Electronically Signed:
ATTACHMENT F
COUNTY'S COMPLIANCE CERTIFICATION NO. I
ATTACHMENT F COUNTY'S COMPLIANCE CERTIFICATION NO. 1
F-1
COMPLIANCE CERTIFICATION NO. 1
MEMORANDUM OF AGREEMENT
I, , as an authorized representative of
("County"), certify that:
1. 1 possess the legal authority to submit this certification on behalf of the County and the
information and statements set forth below are, to the best of my knowledge and belief, true and
correct.
2. Capitalized terms not defined herein shall have the meanings ascribed thereto in that
certain Program Funding Agreement by and between the County and AHP.
3. 1 am providing this information in connection with the Project Application for approval
and funding of the Infrastructure Project Fresno County from the State of California ("State")
pursuant to the California Department of State Hospitals ("DSH") Incompetent to Stand Trial
("IST")Diversion and Community-Based Restoration Infrastructure Program ("Program") to
use a portion of the Program Funds for the acquisition, down payment for acquisition,
construction or renovation, of real property, furnishings, and for the provision of diversion or
community-based restoration of competency services, to address the increasing number of
patient referrals to DSH, and hereby acknowledge that the State and its contract manager,
Advocates for Human Potential, Inc., a Massachusetts corporation ("AHP") are relying on this
information in disbursing any Program Funds.
4. The County has negotiated and attached to this Certification a copy of the fully executed
and binding Memorandum of Agreement by and between the County and the third-party
contractor or community-based organization ("Memorandum of Agreement") which includes
(i)the third-party contractor's reporting obligations; (ii) the requirement that the third-party
contractor respond to requests for information from AHP and DSH; (iii) the eligible uses of the
Program Funds; (iv) the conditions under which any Program Funds will be disbursed from the
County to the third-party contractor; (v) the method of disbursement; (vi) a requirement that the
Infrastructure Project be deed restricted as required by the Program Funding Agreement; (vii)
conditions for the repayment of any portion of the Program Funds or cancellation of future
disbursements of any Program Funds; (viii) a requirement that the third-party contractor provide
an annual audit within ninety (90) days of the end of the fiscal year, if applicable; (ix) a
requirement to report material changes, such as changes in key staff or litigation against the
third-party contractor or the Infrastructure Project, within thirty(30)days of such occurrence; (x)
a requirement that the third-party contractor indemnify the County; and(xi) such other
provisions required by AHP or DSH, in either AHP or DSH's sole discretion.
5. Upon any amendment or modification of the Memorandum of Agreement,the County
promptly shall provide AHP a copy of any fully executed amendment or modification.
ATTACHMENT F COUNTY'S COMPLIANCE CERTIFICATION NO. 1
F-
6. The Memorandum of Agreement shall not be amended or modified in any manner, at any
time, without prior approval of AHP, or the State, in their sole discretion.
7. The County shall provide AHP and the State prompt written notice of its receipt of a
notice of termination or expiration of the Memorandum of Agreement.
S. The third-party contractor or community-based organization is registered with the
California Department of Industrial Relations ("DIR") as required by California Labor Code
section 1725.5. The County further certifies that the Memorandum of Agreement and any
subcontracts entered into by the third-party contractor or community-based organization shall
require the third-party contractor or community-based organization and all subcontractors to
comply with California Labor Code section 1720 et seq., including, but not limited to, the
payment of prevailing wages, for all work performed at the Infrastructure Project.
SIGNATURE ON THE FOLLOWING PAGE
ATTACHMENT F COUNTY'S COMPLIANCE CERTIFICATION NO. 1
F-
I certify under penalty of perjury that the above information is true and correct and that
the County shall comply with all requirements set forth above, in the County's Compliance
Certification No. 1, Memorandum of Agreement, as a condition of receiving any Program Funds.
Authorized Signature
Typed Name of Signatory
Title of Signatory
Date
ATTACHMENT F COUNTY'S COMPLIANCE CERTIFICATION NO. 1 F-4
Electronic Record of Contracts
This document was generated as a record of certain contracts created,accepted and stored electronically.
3
Summary of Contracts
This document contains the following contracts.
Title ID
Program Funding Agreement(Fresno County and Advocates for Human Potential,
52124724-1 d23-4279-82c8-4ff1 ce880649
Inc.)
Contract signed by:
Jennifer Polen signer ID: 7d501 e24-d246-4a8b-9cf9-bf721 f10c85f
Email: jpolen@ahpnet.com
Date/Time: Jun 4,2025 at 3:19 PM EDT
IP Address: 71.184.210.3
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