HomeMy WebLinkAboutAgreement A-24-476 Amendment I to Agreement 22-267.pdf Agreement No. 24-476
1 AMENDMENT NO. 1 TO SERVICE AGREEMENT
2 This Amendment No. 1 to Service Agreement ("Amendment No. 1") is dated
3 September 10, 2024 and is between RH Community Builders LP, a California Limited
4 Liability Partnership ("Contractor"), and the County of Fresno, a political subdivision of the State
5 of California ("County").
6 Recitals
7 A. The parties entered into County Agreement No. 22-267 ("Agreement"), effective July 1,
8 2022, to provide property owner to lease apartment units to individuals who are homeless or at
9 risk of homelessness living with a serious mental illness, who are referred by DBH, a contracted
10 provider with DBH, other County departments and other agencies;
11 B. The purpose of the Agreement is for Contractor to provide rental apartment units and
12 property management services pursuant to the terms and conditions of this Agreement.
13 C. The County and Contractor now desire to amend the Agreement to allow revisions to the
14 Exhibit A, Scope of Work to better define the responsibilities of property management and
15 Supportive Services. The revisions include required reporting by property management and
16 more defined expectations for the County provided supportive services team.
17 The parties therefore agree as follows:
18 1. All references to "Exhibit A" in the Agreement shall be deemed references to "Revised
19 Exhibit A". Revised Exhibit A is attached and incorporated by this reference.
20 2. When both parties have signed this Amendment No. 1, the Agreement and this
21 Amendment No. 1 together constitute the Agreement.
22 3. The Contractor represents and warrants to the County that:
23 a. The Contractor is duly authorized and empowered to sign and perform its obligations
24 under this Amendment.
25 b. The individual signing this Amendment on behalf of the Contractor is duly authorized
26 to do so and his or her signature on this Amendment legally binds the Contractor to
27 the terms of this Amendment.
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1 4. The parties agree that this Amendment may be executed by electronic signature as
2 provided in this section.
3 a. An "electronic signature" means any symbol or process intended by an individual
4 signing this Amendment to represent their signature, including but not limited to (1) a
5 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
6 electronically scanned and transmitted (for example by PDF document) version of an
7 original handwritten signature.
8 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
9 equivalent to a valid original handwritten signature of the person signing this
10 Amendment for all purposes, including but not limited to evidentiary proof in any
11 administrative or judicial proceeding, and (2) has the same force and effect as the
12 valid original handwritten signature of that person.
13 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
14 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
15 2, Title 2.5, beginning with section 1633.1).
16 d. Each party using a digital signature represents that it has undertaken and satisfied
17 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
18 through (5), and agrees that each other party may rely upon that representation.
19 e. This Amendment is not conditioned upon the parties conducting the transactions
20 under it by electronic means and either party may sign this Amendment with an
21 original handwritten signature.
22 5. This Amendment may be signed in counterparts, each of which is an original, and all of
23 which together constitute this Amendment.
24 6. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
25 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
26 effect. This Amendment I shall be effective upon execution.
27 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause.
3
RH Cor,nmur ,ty Builders, LP County of Fresno
Wayne Rutledge, CEO
6 Nathan Magsig, Chairman of the Board of
2550 W. Clinton Ave. #142 Supervisors of the County of Fresno
7 Fresno, CA 93705
Attest:
8 Bernice E. Seidel
Clerk of the Board of Supervisors
9 County of Fresno, State of California
10 I �
By:
11 Deputy
12 For accounting use only:
13 Org No.: 56304816
Account No.: 7295
14 Fund No.: 0001
Subclass No.: 10000
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Revised Exhibit A
Page 1 of 5
Master Leasing Program
Scope of Work
ORGANIZATION RH Community Builders (RHCB)
CORPORATE ADDRESS 2550 W Clinton Ave#142 Fresno, CA 93705
HOURS OF OPERATION 8AM to 4:30PM, Monday through Friday
CONTRACT PERIOD July 1, 2022—June 30, 2027
CONTRACT AMOUNT FY 2022-2023 $1,186,150
FY 2023-2024 $1,226,919
FY 2024-2025 $1,270,896
FY 2025-2026 $1,325,894
FY 2026-2027 $1,383,327
Total $6,393,186
SERVICES Property Management
TARGET POPULATION
Adults (18 years and older) with a serious mental illness (SMI)who are homeless or at-risk of
homelessness. Participants are referred by the Department of Behavioral Health (DBH) and its selected
providers.
DEFINITIONS OF HOMELESSNESS
Homelessness is defined by the United States Department of Housing and Urban Development (HUD) in
4 categories: Literally Homeless, Imminent Risk(or At-Risk) of Homelessness, Homeless Under Other
Federal Statutes, and Fleeing/Attempting to Flee Domestic Violence.These definitions will be used to
assess who is qualified for the Master Leasing Program.
- Literally Homeless: Individual or family who lacks a fixed, regular, and adequate nighttime
residence, meaning:
o Has a primary nighttime residence that is a public or private place not meant for human
habitation;
o Is living in a publicly or privately operated shelter designated to provide temporary living
arrangements (including congregate shelters,transitional housing, and hotels and
motels paid for by charitable organizations or by federal, state, and local government
programs); or
o Is exiting an institution where (s)he has resided for 90 days or less and who resided in an
emergency shelter or place not meant for human habitation immediately before
entering that institution
- Imminent/At-Risk of Homelessness: Individual or family who will imminently lose their primary
nighttime residence, provided that:
o Residence will be lost within 14 days of the date of the application for homeless
assistance;
o No subsequent residence has been identified; and
o The individual or family lacks the resources or support networks needed to obtain other
permanent housing
Revised Exhibit A
Page 2 of 5
- Homeless Under Other Federal Statutes: Unaccompanied youth under 25 years of age, or
families with children and youth, who do not otherwise qualify as homeless under this
definition, but who:
o Are defined as homeless under the other listed federal statutes;
o Have not had a lease, ownership interest, or occupancy agreement in permanent
housing during the 60 days prior to the homeless assistance application;
o Have experienced persistent instability as measured by two moves or more during in the
preceding 60 days; and
o Can be expected to continue in such status for an extended period of time due to special
needs or barriers
- Fleeing/Attempting to Flee Domestic Violence:Any individual or family who:
o Is fleeing, or is attempting to flee, domestic violence;
o Has no other residence; and
o Lacks the resources or support networks to obtain other permanent housing
PROJECT DESCRIPTION
The Master Leasing Program provides up to 68 temporary housing units to the target population. Once
housed, persons served will receive property management services from RHCB and supportive services
from the Department of Behavioral Health (DBH)with a goal of removing barriers to obtaining and
maintaining permanent housing within 2 years.
CONTRACTOR RESPONSIBILITIES
I. ADMINISTRATIVE
1. Provide DBH with copies of leases signed by persons served along with each invoice or
as requested.
2. Provide staffing and overhead for coordination of move-ins, move-outs, and work
orders, including after-hour calls.
3. Provide DBH with copies of inspection report at tenant move-out.
4. Attend program and contract meetings coordinated by DBH contracts.
5. Inform designated Contract Analyst of any concerns associated with tenants, such as
conflict with neighbors or staff,falling behind on rent, or safety risks.
6. Provide DBH with copies of monthly inspection reports.
7. Provide DBH with copies of monthly rental reports.
II. PROPERTY MANAGEMENT SERVICES
1. Provide 68 rental housing units for target population to reside. Units must be in
accordance with all federal, state, and local Fair Housing Laws/Regulations, State of
California Landlord and Tenant Laws, and MHSA.
2. At DBH request ensure all units for target population are fully furnished, including
ordering and placement of furniture for all new tenants at DBH request.
CONTRACTOR to provide COUNTY with an itemized list of the furniture purchased
and maintained in the units.
3. Coordinate move-ins and move-outs, including informing designated DBH staff in
advance of when these will occur.
Revised Exhibit A
Page 3 of 5
4. Collect tenant-portion of rent, deposits, maintenance charges, and PG&E costs
above allowance.These payments will be used to offset expenses invoiced to DBH.
S. Coordinate lease violation notices with Housing Treatment, with a CC to Contract
Analyst, Clinical Supervisor and DBHHousing@fresnocountyca.gov.
6. Conduct interior and exterior inspections of all units to ensure properties are being
well maintained. A copy of inspection reports will be sent to DBH Contract Analyst
and DBHHousing@fresnocountyca.gov.
COUNTY RESPONSIBILITIES
I. ADMINISTRATIVE SERVICES
1. DBH Contracts is the designated contact for RHCB for all administrative communication.
2. Provide oversight of the Master Leasing Program.This includes coordination of meetings
with RHCB to discuss occupancy, invoices, programmatic concerns, measurable
outcomes, and/or other items.
3. Contract Analyst will communicate with RHCB in regard to any item that effects the
contractual budget, including lease violation notices,failed inspections, unit damages,
tenant caused damage, evictions, and non-renewals.
4. Contract Analyst will maintain follow-ups with property management regarding unit
repairs,tenant concerns, and maintenance.
5. Pay rent for 68 units that have been reserved for the Master Leasing Program, regardless
of occupancy.
6. Refer target population to RHCB for move-in when vacancies occur.
7. Receive and analyze statistical data outcome information throughout the term of
contract. DBH will notify RHCB when additional participation is required.
8. Perform income recertifications or income adjustments to ensure rent of persons served
does not exceed 30%of their monthly income.All rent calculations must follow Mental
Health Services Act (MHSA)guidelines.
9. Recognize that cultural responsiveness is a goal toward which professionals, agencies,
and systems should strive. Becoming culturally responsiveness is a developmental
process and incorporates at all levels the importance of culture, the assessment of cross-
cultural relations, vigilance towards the dynamics that result from cultural differences,
the expansion of cultural knowledge, and the adaptation of services to meet culturally
unique needs. Offering those services in a manner that fails to achieve its intended
result due to cultural and linguistic barriers is not cost effective. DBH will assist program
towards cultural and linguistic competency, DBH shall provide the following at no cost to
RHCB:
a. Technical assistance regarding cultural responsiveness requirements and sexual
orientation and gender identity training.
b. Mandatory cultural responsiveness training including sexual orientation and
gender identity and cultural sensitivity training for program personnel, at
minimum once per year. DBH will provide technical assistance and when
possible,training regarding the unique needs of the diverse population. Cultural
responsiveness training recommendations will be based on trends in data
collected and will be included in the counties Culturally Responsive Plan.
Sensitivity to sexual orientation and gender identity is a basic cultural
responsiveness principle and shall be included in the cultural responsiveness
training(s). Literature suggests that the behavioral health needs of lesbian,gay,
Revised Exhibit A
Page 4 of 5
bisexual, and transgender (LGBT+) individuals may be at increased risk for
behavioral disorders and behavioral health problems due to exposure to societal
stressors such as stigmatization, prejudice, and homophobic and/or transphobic
violence. Social support may be critical for this population.
c. CONTRACTOR materials for public use on behavioral health and substance abuse
services information shall be in DBH's current threshold languages (English,
Spanish, and Hmong).Translation services and costs associated will be the
responsibility of the vendor. Promotional and/or program materials shall be
reviewed by DBH's Public Behavioral Health Division for branding requirements
prior to implementation.
II. SUPPORTIVE SERVICES
1. Office Assistant (OA) will receive inquiry and send inquiry to Program Technician (PT) and
assigned Case Manager(CM). Program Technician (PT)will review application for
completeness and program appropriateness.
1. CM will support with assisting treatment teams in collecting all prospective tenant's
documentation for application to program.
2. CM will facilitate a consultation with prospective tenants to explain the expectations of
program participation.
2. CM will provide referral to RHCB and coordinate tenant move-in. PT will calculate rental
portion and coordinate/communicate furniture requests.
3. CM will be present for lease signing and tenant move-ins and move-outs.
4. CM will provide continuous tenant engagement and work collaboratively with treatment
teams to support the tenants with their housing and to remove barriers in obtaining
permanent housing. Services will be individualized, and tenant driven.The services
included should be made available to individuals as needed. Services include but are not
limited to:
a. Act as liaison between persons served, treatment team, and RHCB as needed.
b. CM will continue to keep tenant on current caseload, until tenant is approved
for step down. At no time will a tenant with high acuity be "exited"from a
caseload.Treatment team is expected to work closely with Housing Treatment
throughout the time in the program.
c. Supporting tenants with employment, educational, and volunteer opportunities,
such as resume building, online job or volunteer searching and job applications
submissions, etc.
d. Support tenants with maintaining unit cleanliness and hygiene habits to ensure
unit inspections are passed.
e. Working with tenants in developing and enacting housing, budget, and safety
plans.
f. Support tenants in making timely rental, maintenances, and PGE payments.
g. Support and encourage tenants to apply for housing voucher programs such as
Housing Choice Vouchers, etc.
h. Support with applying for low-income or other housing options that suit needs
of tenant.
i. Work concurrently with treatment team in resolving conflict with other tenants,
neighbors, or property management.
Revised Exhibit A
Page 5 of 5
j. Demonstrate and encourage good neighbor and good tenant practices noted in
the MLP participant and behavioral agreement.
k. Support tenants with accessing/obtaining community-based resources (for
example,food, clothing, physical health care, mental health care, employment,
substance use disorder treatment, legal assistance, emergency transportation,
etc.)
I. Support tenants in applying for public assistance or other benefits for which
they may be eligible.
m. Intake informal grievances from persons served and work with them to resolve
the issue or assist in proceeding with the formal grievance processes.
n. Maintaining tenant engagement while continuing coordination of services
offered by other providers or community-based organizations in an effort to
maintain housing, linkages to SUD, and assist individuals to become productive,
self-sufficient, and independent.
o. Coordination and daily reinforcement and help implementing services and goals
including:
■ Mental health management;
■ SUD relapse prevention;
■ Development of life and social skills;
■ Crisis management;
■ Access of available mainstream community-based resources,
■ Assistance in achieving family stability;
■ Help with the development of good credit and rental histories;
III. EVICTION PROCESS
DBH and RHCB will collaborate to ensure that tenants are supported in maintaining their housing
throughout the duration of the program. In the event that a tenant's actions result in a request to
evict, RHCB will ensure the following:
1. Person served has been given 72 Hours to address lease violations that would result in
an eviction. RHCB will communicate with designated DBH staff any notice of lease
violations that tenants receive
2. All alternative options to address the behavior have been exhausted or have been
deemed not feasible due to the severity of the violation(s)
3. Intent to evict person served has been communicated with designated DBH staff prior to
noticing person served.This will be documented via email or meeting minutes
4. With limited exceptions, including immediate threat to the property, neighbors, or other
residents, DBH must be agreeable to proceeding with a formal eviction process.This will
be communicated in writing to RHCB by a division manager or designee
5. Once agreeable to DBH, RHCB will proceed with the formal eviction process
6. Prior to the eviction being finalized, DBH will assist person served to address the
behaviors noted and locate housing. If agreeable to both parties, the eviction request
may be dropped if lease violations have been sufficiently addressed