HomeMy WebLinkAboutA-20-312-1 with RHCB.pdfCOUNTY OF FRESNO
Fresno, CA
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AMENDMENT I TO AGREEMENT
THIS AMENDMENT, hereinafter referred to as “Amendment I”, is made and entered into this
12th day of January, 2021, by and between the COUNTY OF FRESNO, a Political Subdivision of
the State of California, hereinafter referred to as “COUNTY”, and RH COMMUNITY BUILDERS a
California Limited Liability Partnership, whose address is 331 Shields Ave, Fresno, CA 93705
hereinafter referred to as “CONTRACTOR,” collectively, “the parties.”
WHEREAS, the parties entered into that certain Agreement, identified as COUNTY Agreement
No. A-20-312, effective August 18, 2020, whereby CONTRACTOR agreed to enter into a Master
Lease program to fulfill the need of the Department of Behavioral Health (DBH) of a Property owner
to lease apartment units to individuals who are homeless or at risk of homelessness living with a
serious Mental Illness, who are referred by DBH, a contract provider with the DBH, and other County
departments and other agencies;
WHEREAS, the parties desire to amend the Agreement regarding changes as stated below and
restate the Agreement in its entirety.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, COUNTY and CONTACTOR agree as follows:
1. That the COUNTY Agreement No. A-20-312, at Section Three (3) “TERMINATION”, on
Page Two (2), beginning on Line Eight (8) with the word “Non-Allocation” and ending on Page Two (2),
Line Twenty-Eight (28) with the word “terminate” be deleted and replaced with the following:
A.Non-Allocation of Funds – The terms of this Agreement, and the services to be provided
thereunder, is contingent on the approval of funds by the appropriating government agency. Should
sufficient funds not be allocated, the services provided may be modified, or this Agreement terminated
at any time by giving CONTRACTOR ninety (90) days advance written notice.
B.Breach of Contract – COUNTY shall give CONTRACTOR advance written notice and
opportunity for CONTRACTOR to cure any default before suspension or termination of this agreement.
If the default is not cured within sixty days (60) of notice of default, COUNTY may immediately suspend
or terminate this Agreement in whole or in part, where in the determination of COUNTY there is:
1) An illegal or improper use of funds;
Agreement No. 20-312-1
COUNTY OF FRESNO
Fresno, CA
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2) A failure to comply with any term of this Agreement;
3) A substantially incorrect or incomplete report submitted to COUNTY;
4) Improperly performed service.
In no event shall any payment by COUNTY constitute a waiver by COUNTY of any breach of
this Agreement or any default which may then exist on the part of CONTRACTOR. Neither shall such
payment impair or prejudice any remedy available to COUNTY with respect to the breach or default.
The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of
any funds disbursed to CONTRACTOR under this Agreement, which in the judgment of COUNTY were
not expended in accordance with the terms of this Agreement. The CONTRACTOR shall promptly
refund any such funds upon demand or at COUNTY’s option, such repayment shall be deducted from
future payments owing to CONTRACTOR under this Agreement.
C.Without Cause – Under circumstances other than those set forth above, this Agreement
may be terminated by COUNTY or CONTRACTOR upon the giving of one hundred-twenty (120) days
advance written notice of an intention to terminate.
2. That in the COUNTY Agreement No. 20-312 Section Seven (7) “MODIFICATION”, on
Page Seven (7), beginning on Line Twenty-Two (22), with the word “Changes” and ending on Page
Seven (7), Line Twenty-Five (25) with the word “Office” be deleted in its entirety.
3. That in the COUNTY Agreement No. 20-312, all references to “Exhibit C” shall be
deleted and replaced with “Exhibit B.”
4. That the COUNTY Agreement No. 20-312 Section Ten (10) “INSURANCE”, Subsection
C, on Page Nine (9), beginning on Line Two (2), with the word “Real” and ending on Page Two (2), Line
Ten (10) with the word “Policy” be deleted in its entirety.
5. That the COUNTY Agreement No. A-20-312, at Section Three (10) “INSURANCE”,
Subsection H on Page Ten (10), beginning on Line Four (5), with the word “Waiver” and ending on
Page Ten (10), Line Eight (8) with the word “insurer” be deleted and replaced with the following:
H. Waiver of Subrogation
CONTACTOR hereby grants to COUNTY a waiver of any right to subrogation which any insurer
of said CONTRACTOR may acquire against the COUNTY by virtue of the payment of any loss under
COUNTY OF FRESNO
Fresno, CA
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such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this
waiver of subrogation, but this provision applies regardless of whether or not the COUNTY has
received a waiver of subrogation endorsement from the insurer.
6. That in the COUNTY Agreement No. 20-312, all references to “Exhibit A” shall be replaced
with the text “Revised Exhibit A.” Revised Exhibit A is attached hereto and incorporated
herein by this reference.
7. That in the COUNTY Agreement No. 20-312, “Exhibit B” is attached hereto and incorporated
herein by this reference.
COUNTY and CONTRACTOR agree that this Amendment I is sufficient to amend the Agreement and,
that upon execution of this Amendment I, the Agreement and Amendment I together shall be
considered the Agreement.
The Agreement, as hereby amended, is ratified and continued. All provisions, terms, covenants,
conditions and promises contained in the Agreement and not amended herein shall remain in full force
and effect. This Amendment I shall be retroactively effective July 1, 2020.
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1 IN WITNESS WHEREOF , the parties hereto have executed this Agreement as of the day and
2 year first hereinabove written .
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Print Name : Wayne Rutledge
Title: Chief Executive Officer
Chief Executive Officer, or
President , or any Vice President
By : ___________ _
Print Name : __________ _
T itle: ____________ _
Secretary (of Corporation), or
any Assistant Secretary, or
Chief Financial Officer, or
any Assistant Treasurer
Mailing Address :
RH Community Builders, LLP
331 Shields Ave
Fresno, CA 93705
Contact: Wayne Rutledge, CEO
Phone : (559) 221-3170 ext. 108
Fund/Subclass :
Account/Program:
Org/Cost Center:
0001/10000
7295/0
5630/4816
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::UNT~
Steve Brandau, Chairman of
the Board of Supervisors of the
County of Fresno
Date : 1\ I'll ~ool-\
ATTEST :
Bernice E. Se idel , Clerk
Board of Supervisors
of the County of Fresno
State of California
By :~~.~
Date : \ \ \'}...,\ 2o2::I \ \
COUNTY OF FRESNO
Fresno , CA
Revised Exhibit A
Page 1 of 2
TENANT RENT AND PROPERTY MANAGEMENT SUMMARY OF SERVICES
ORGANIZATION: RH Community Builders
ADDRESS: 331 W. Shields Ave, Fresno, CA 93705
SERVICES: Tenant Rent and Property Management Agreement
TELEPHONE: 559-221-3170 ext 108
CONTACT: Brad Hardie, President
EMAIL: brad@regencyfresno.com
CONTRACT PERIOD: July 1, 2020 – June 30, 2021, with one (1) possible one (1) year
extension
CONTRACT AMOUNT: $2,073,416.00
PROGRAM DESCRIPTION
Property Management Service for Master Lease
SERVICES
Services include staffing and overhead for coordination of move ins/move outs, all work orders
including after-hours calls, coordination of maintenance between tenants, ordering and placing
furniture for all new tenants, and collection of tenant portion of rent.
CONTRACTOR RESPONSIBILITIES
Administrative Requirements
1.CONTRACTOR will provide 68 rental housing units where the Department of Behavioral
Health permanent supportive housing tenants reside.
2.CONTRACTOR will provide staffing for coordination of move ins/move outs, all work
orders including after-hours calls,
3.CONTRACTOR will coordinate maintenance between tenants, and ordering and placing
furniture for all new tenants,
4.CONTRACTOR will provide COUNTY with an itemized list of the furniture purchased
and maintained in the units.
5.CONTRACTOR will collect tenant portion of rent, which will be used to offset the cost of
furnishing empty units inherited at the beginning of this agreement. The remainder of the
collected tenant rent will be provided back to the County or offset in monthly invoices.
6.CONTRACTOR will offset replacement of tenant furniture or maintenance costs upon
move-out with the tenant’s deposit before charging COUNTY for any damages caused
by the tenant. If the deposit does not cover all damages, CONTRACTOR will make a
documented effort to receive payment from the tenant. If that is unsuccessful, they will
provide COUNTY with an itemized list of damages, the amount of the deposit, and the
remaining balance prior to receiving payment.
Revised Exhibit A
Page 2 of 2
7.CONTRACTOR will submit invoice to COUNTY by the 10th of each month following
services.
8.CONTRACTOR will attend program and contract meetings coordinated by DBH.
COUNTY RESPONSIBILITIES
1.COUNTY will offer case management services to all tenants.
2.COUNTY will refer homelessness individuals for housing in the event vacancies occur.
3.COUNTY will designate a contact person for CONTRACTOR to communicate with when
necessary.
4.COUNTY will meet with CONTRACTOR monthly, or as often as needed, to exchange
pertinent information, resolve problems, and work collaboratively to coordinate services.
5.COUNTY will pay rent for 68 units that have been reserved for DBH permanent supportive
housing tenants, regardless of occupancy.
4000: FACILITIES & EQUIPMENT
Acct #Amount
4001 60,000$
4002 764,508
4003 -
4004 -
4005 -
4006 130,000
4007 20,000
4008 -
4009 -
4010 -
974,508$
6000: ADMINISTRATIVE EXPENSES
Acct #Amount
6001 82,200$
6002 -
6003 -
6004 -
6005 -
6006 -
6007 -
6008 -
6009 -
6010 -
6011 -
6012 -
82,200$
Acct #MHSA Component Amount
8301 CSS - Community Services & Supports 1,036,708$
8302 PEI - Prevention & Early Intervention -
8303 INN - Innovations -
8304 WET - Workforce Education & Training -
8305 CFTN - Capital Facilities & Technology -
1,036,708$
Acct #Amount
Rent/Lease Equipment
Rent/Lease Building (Rent for Tenant Units)
Administrative Overhead (Property Management Fee)
Other (specify)
Other (specify)
Depreciation (Provider-Owned Equipment to be Used for Program Purposes)
Payroll Services
Line Item Description
Rent/Lease Vehicles
Security
External Audit
Other (specify)
Other (specify)
MHSA TOTAL
Other (Furnishing Empty Units)
Other (specify)
Other (specify)
Building Maintenance (Replacement of Tenant Furniture and Tenant Damage Repairs)
Other (specify)
Utilities (Actual Incurred Costs)
Other (specify)
Insurance (Specify):
8300 - MENTAL HEALTH SERVICE ACT (MHSA)
PROGRAM FUNDING SOURCES
1,056,708$ TOTAL PROGRAM EXPENSES
Line Item Description
8400 - OTHER REVENUE
MHSA Program Name
Master Lease Agreement No. 20-312
RH Community Builders
Fiscal Year (FY) 2020-2021
Line Item Description
Professional Liability Insurance
Accounting/Bookkeeping
PROGRAM EXPENSES
FACILITIES/EQUIPMENT TOTAL:
ADMINISTRATIVE EXPENSES TOTAL
Fresno County Department of Behavioral Health Contract Budget Template Revised 4/10/2020
8401 Client Fees -$
8402 Client Insurance -
8403 -
8404 164,298
8405 -
164,298$
NET PROGRAM COST:
Grants (Specify)
Other (Specify) (Collected Tenant Rent)
Other (Specify)
TOTAL PROGRAM FUNDING SOURCES:1,201,006$
(144,298)$
OTHER REVENUE TOTAL
Fresno County Department of Behavioral Health Contract Budget Template Revised 4/10/2020
4000: FACILITIES & EQUIPMENT
Acct #Amount
4001 60,000$
4002 764,508
4003 -
4004 -
4005 -
4006 130,000
4007 -
4008 -
4009 -
4010 -
954,508$
6000: ADMINISTRATIVE EXPENSES
Acct #Amount
6001 82,200$
6002 -
6003 -
6004 -
6005 -
6006 -
6007 -
6008 -
6009 -
6010 -
6011 -
6012 -
82,200$
Acct #MHSA Component Amount
8301 CSS - Community Services & Supports 1,036,708$
8302 PEI - Prevention & Early Intervention -
8303 INN - Innovations -
8304 WET - Workforce Education & Training -
8305 CFTN - Capital Facilities & Technology -
1,036,708$
Acct #Amount
MHSA TOTAL
8400 - OTHER REVENUE
Line Item Description
8300 - MENTAL HEALTH SERVICE ACT (MHSA)
MHSA Program Name
PROGRAM FUNDING SOURCES
TOTAL PROGRAM EXPENSES 1,036,708$
ADMINISTRATIVE EXPENSES TOTAL
Other (Specify)
Other (Specify)
Other (Specify)
Other (Specify)
Other (Specify)
Administrative Overhead (Program Management Fee)
Professional Liability Insurance
Accounting/Bookkeeping
External Audit
Depreciation (Provider-Owned Equipment to be Used for Program Purposes)
Payroll Services
Line Item Description
Insurance (Specify):
FACILITIES/EQUIPMENT TOTAL:
Security
Utilities (Actual Incurred Costs)
Other (Specify)
Other (Specify)
Other (Specify)
Other (Specify)
Line Item Description
Building Maintenance (Replacement of Tenant Furniture and Tenant Damage Repairs)
Rent/Lease Building (Rent for 68 Units)
Rent/Lease Equipment
Rent/Lease Vehicles
Master Lease Agreement No. 20-312
RH Community Builders
Fiscal Year (FY) 2021-2022
PROGRAM EXPENSES
Fresno County Department of Behavioral Health Contract Budget Template Revised 2/7/2020
8401 Client Fees -$
8402 Client Insurance -
8403
8404 164,298
8405 -
164,298$ OTHER REVENUE TOTAL
TOTAL PROGRAM FUNDING SOURCES:1,201,006$
NET PROGRAM COST: (164,298)$
Grants (Specify)
Other (Specify) (Collected Tenant Rent)
Other (Specify)
Fresno County Department of Behavioral Health Contract Budget Template Revised 2/7/2020