DATE: January 12, 2021
TO: Board of Supervisors
SUBMITTED BY: Dawan Utecht, Director, Department of Behavioral Health
SUBJECT: Retroactive Amendment I to Agreement with RH Community Builders
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute retroactive Amendment I to Agreement No. 20-312 with RH Community Builders to revise the terms and conditions related to Termination, Insurance, Waiver of Subrogation, Modification and update the exhibits with no change to the term of July 1, 2020 through June 30, 2022 or compensation maximum of $2,073,416.
REPORT
Approval of the recommended amendment will modify the master lease program agreement to increase the timeframe for advance written notice for Non -Allocation of Funds from 30 to 90 days, 60 days advanced written notice to cure any default that would otherwise result in immediate suspension or termination of the agreement due to a breach of contract, and increase the timeframe for Without Cause from 60 to 120 days. The recommended amendment will remove the Real and Personal Property Insurance requirement and remove 'Cyber' from the Waiver of Subrogation section as neither are applicable. Revising Exhibit A will clarify the services and expectations of this agreement and allow for collected tenant rent to fund the furnishing of empty units inherited from the previous provider. Attaching Exhibit B will clearly express the budget for this contract. Exhibit C does not exist in this agreement; therefore, all references to it will be amended to reference Exhibit B. The Modification clause will be amended to remove language that allows the Department of Behavioral Health to modify contracts outside of 10% of the overall budgeted amount, as it conflicts with County practice. This item is countywide.
ALTERNATIVE ACTION(S):
There is no viable alternative action. If your Board does not approve the recommended amendment, RH Community Builders (RHCB) could exercise their Without Cause right to ter...
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