HomeMy WebLinkAboutAgreement A-20-145 County of Fresno STD213.pdfStandard Agreement
EXHIBIT A
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County of Fresno
20-HCFC-00096
AUTHORITY, PURPOSE, AND SCOPE OF WORK
1. Authority
Pursuant to the provisions of Section 36.00, Chapter 2 , Statutes of 2020, and the
augmentation to Budget Act of 2019 Item 0515-101-0001 described in the March 18 ,
2020 letter from the Department of Finance to the Joint Legislative Budget Committee ,
the Homeless Coordinating and Financing Council ("HCFC "), which exists within the
Business, Consumer Services and Housing Agency ("BCSH" or "Agency"), shall
allocate a total of $100,000,000.00 to Continuums of Care, Large Cities (population of
300,000+) and Counties , divided proportionally based on the allocations they are
eligible to receive through the Homeless Housing , Assistance , and Prevention
program ("HHAP "). This Agreement is entered into under the authority of, and in
furtherance of the purposes of, the Budget Act of 2019 .
2. Purpose
The purpose of this grant funding is to provide support to Continuums of Care, Large
Cities , and Counties to protect the health and safety of homeless populations and
reduce the spread of the COVID-19 outbreak. In accordance with the authority cited
above, the HCFC shall distribute $382,080.59 to the County of Fresno .
3. Scope of Work
The County of Fresno shall use $382,080.59 to invest in COVID-19 prevention and
conta inment efforts for temporary shelters , including, but not limited to, medically-
indicated services and supplies, such as testing and handwashing stations, and
enhancements to existing shelter facilities. The intent of these investments is to allow
for proper social distancing and isolation to reduce the spread of COVID-19 among
the homeless population .
4. Monitoring
County of Fresno shall maintain books, records, documents , and other evidence that
demonstrates the funding was used for the appropriate purposes, as laid out in the
Scope of Work. These books, records, documents, and other evidence shall be made
available tor audit and inspection by the HCFC and Agency for a period of three years .
A. Annual Report Deadlines
The County of Fresno shall submit an expenditure report to Agency on a form and
method provided by Agency , by July 1, 2020 and January 1, 2021 . If the County of
Fresno tails to provide such documentation , Agency may disencumber any portion
of the amount authorized by this Agreement with a 14-day written notification.
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8. Reporting Requirements
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County of Fresno
20-HCFC-00096
The expenditure report shall contain detailed information including the following :
1. An ongoing tracking of the specific uses and expenditures of any program
funds broken out by uses listed below , including the current status of those
funds :
a. Diversion
b. Prevention
c. Shelter
d. Services and infection control
e. Other
2. Any additional information that Agency requests .
In addition to the reports, Agency may require supplemental reporting with written
notice to the County of Fresno.
5. Expenditure Deadline
Pursuant to Assembly Bill 74, Statutes of 2019, Chapter 23 (Budget Act of 2019)
SEC. 1.80 , funds shall be encumbered by June 30 , 2020.
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EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Agreement Amount
The total amount of this Agreement shall not exceed $382,080.59.
2. General Conditions for Disbursement
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County of Fresno
20-HCFC-00096
General Requirements -All grantees must subm it the following forms prior to funds
being released :
A Request for Funds Form (RFF),
B. Signed and dated PDF of the STD . 213
3. SB-89 Budget Act of 2019
SEC . 36.00. Notwithstanding any other law, $500,000,000 is hereby appropriated from
the General Fund to any item for any purpose related to the March 4 , 2020
proclamation of a state of emergency upon order of the Director of Finance . Funds
appropriated in this section may not be expended prior to 72 hours after the Director
of Finance notifies the Joint Legislative Budget Committee in writing of the purposes
of the planned expenditure. The chairperson of the Joint Legislative Budget
Committee or the chairperson's designee may shorten the 72-hour period by written
notification. The amount of the appropriation in this section may be increased in
increments of $50 ,000,000 no sooner than 72 hours after the Director of Finance
notifies the Joint Legislative Budget Committee of the need for the increase. The
chairperson of the Joint Legislative Budget Committee or the chairperson's designee
may shorten the 72-hour period by written notification. The total appropriation under
this section shall not exceed $1 ,000 ,000,000 .
In it ials : £(),A-,
EXHIBITC
GENERAL TERMS AND CONDITIONS
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County of Fresno
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APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not
commence performance until such approval has been obtained.
1. AMENDMENT: No amendment or variation of the terms of this Agreement shall
be valid unless made in writing, signed by the parties and approved as required.
No oral understanding or Agreement not incorporated in the Agreement is
binding on any of the parties.
2. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in
whole or in part, without the consent of the State in the form of a formal written
amendment.
3. AUDIT: Contractor agrees that the awarding department, the Department of
General Services, the Bureau of State Audits, or their designated representative
shall have the right to review and to copy any records and supporting
documentation pertaining to the performance of this Agreement. Contractor
agrees to maintain such records for possible audit for a minimum of three (3)
years after final payment, unless a longer period of records retention is
stipulated. Contractor agrees to allow the auditor(s) access to such records
during normal business hours and to allow interviews of any employees who
might reasonably have information related to such records . Further, Contractor
agrees to include a similar right of the State to audit records and interview staff in
any subcontract related to performance of this Agreement. (Gov. Code §8546. 7,
Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
4. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless
the State, its officers, agents and employees from any and all claims 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 Contractor in the
performance of this Agreement.
s. DISPUTES: Contractor shall continue with the responsibilities under this
Agreement during any dispute.
6. TERMINATION FOR CAUSE: The State may terminate this Agreement and be
relieved of any payments should the Contractor fail to perform the requirements
of this Agreement at the time and in the manner herein provided. In the event of
such termination the State may proceed with the work in any manner deemed
proper by the State. All costs to the State shall be deducted from any sum due
the Contractor under this Agreement and the balance, if any, shall be paid to the
Contractor upon demand.
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County of Fresno
20-HCFC-00096
7. INDEPENDENT CONTRACTOR: Contractor , and the agents and employees of
Contractor , in the performance of th is Agreement , shall act in an independent
capacity and not as officers or employees or agents of the State.
8 . RECYCLING CERTIFICATION: The Contractor shall certify in writing under
penalty of perjury , the minimum , if not exact, percentage of post-consumer
material as defined in the Public Contract Code Section 12200, in products ,
materials, goods, or supplies offered or sold to the State regardless of whether
the product meets the requirements of Public Contract Code Section 12209. With
respect to printer or duplication cartridges that comply with the requirements of
Section 12156(e), the certification required by this subdivision shall specify that
the cartridges so comply (Pub . Contract Code § 12205).
9. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement ,
Contractor and its subcontractors shall not deny the contract's benefits to any
person on the basis of race, religious creed , color, national origin, ancestry ,
physical disability , mental disability, medical condition, genetic information,
marital status , sex, gender, gender identity, gender expression, age , sexual
orientation , or military and veteran status , nor shall they discriminate unlawfully
against any employee or applicant for employment because of race , religious
creed, color, national origin, ancestry, physical disability , mental disability ,
medical condition, genetic information, marital status, sex, gender, gender
identity, gender expression, age, sexual orientation , or military and veteran
status. Contractor shall insure that the evaluation and treatment of employees
and applicants for employment are free of such discrimination. Contractor and
subcontractors shall comply with the provisions of the Fair Employment and
Housing Act (Gov. Code §12900 et seq.), the regulations promulgated
thereunder (Cal. Code Regs ., tit. 2 , §11000 et seq.), the provisions of Article 9.5 ,
Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code
§§11135-11139 .5), and the regulations or standards adopted by the awarding
state agency to implement such article. Contractor shall permit access by
representatives of the Department of Fair Employment and Housing and the
awarding state agency upon reasonable notice at any time during the normal
business hours, but in no case less than 24 hours' notice , to such of its books,
records, accounts , and all other sources of information and its facilities as said
Department or Agency shall require to ascertain compliance with this clause.
Contractor and its subcontractors shall give written notice of their obligations
under this clause to labor organizations with which they have a collective
bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105 .)
Contractor shall include the nondiscrimination and compliance provisions of this clause
in all subcontracts to perform work under the Agreement.
10. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 04/2017 are hereby incorporated by reference
and made a part of this Agreement by this reference as if attached hereto.
In itials: £~~
11. TIMELINESS: T ime is of the esse nce in this Agreement.
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County of Fresno
20-HCFC-00096
12 . COMPENSATION: The consideration to be paid Contractor , as prov ided here i n,
shall be in compensat ion for all of Contractor's expenses i ncurred in the
performance hereof, including travel , per diem , and taxes , unless otherwise
expressly so provided .
13 . GOVERNING LAW: This contract is governed by and shall be interpreted in
accordance with the laws of the State of California.
14. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies
that if these services or goods are obtained by means of a competitive b id, the
Contractor shall comply with the requirements of the Government Codes
Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following
definitions :
1. "Public purchase" means a purchase by means of competitive bids of goods ,
services, or materials by the State or any of its political subdivisions or public
agencies on whose behalf the Attorney General may bring an action pursuant to
subdivision (c) of Section 16750 of the Business and Professions Code .
2. "Public purchasing body" means the State or the subdivision or agency making a
public purchase . Government Code Section 4550.
b. In submitting a bid to a public purchas ing body , the bidder offers and agrees that
if the bid is accepted , it will assign to the purchasing body all rights , title , and
interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C . Sec. 15) or under the Cartwr ight Act (Chapter 2 (commencing with
Section 16700) of Part 2 of Division 7 of the Business and Professions Code),
arising from purchases of goods , materials , or services by the bidder for sale to
the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the
bidder. Government Code Section 4552 .
c. If an awarding body or public purchasing body receives , either through judgment
or settlement , a monetary recovery for a cause of action assigned under this
chapter, the assignor shall be entitled to receive reimbursement for actual legal
costs incurred and may, upon demand , recover from the public body any portion
of the recovery , including treble damages , attributable to overcha rges that were
paid by the assignor but were not paid by the public body as part of the bid price,
less the expenses incurred in obtaining that portion of the recovery . Government
Code Section 4553 .
d . Upon demand in writing by the assignor, the assignee shall , within one year from
such demand , reassign the cause of action assigned under this part if the
assignor has been or may have been injured by the violation of law for which the
cause of action arose and (a) the assignee has not been injured thereby, or (b)
the assignee declines to fi le a court action for the cause of action. See
Government Code Sect ion 4554.
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County of Fresno
20-HCFC-00096
15. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of
$100 ,000 , the contractor acknowledges in accordance with Public Contract Code
7110 , that:
a. The contractor recognizes the importance of child and family support obligations
and shall fully comply with all applicable state and federal laws relating to child
and family support enforcement, including , but not limited to , disclosure of
information and compliance with earnings assignment orders, as provided in
Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family
Code ; and
b. The contractor, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is prov iding the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
16. UNENFORCEABLE PROVISION: In the event that any provision of this
Agreement is unenforceable or held to be unenforceable , then the parties agree
that all other provisions of this Agreement have force and effect and shall not be
affected thereby.
17. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in
excess of $200,000 , the Contractor shall give priority consideration in filling
vacancies in positions funded by the Contract to qualified recipients of aid under
Welfare and Institutions Code Section 11200 in accordance with Pub . Contract
Code § 10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
a . If for this Contract Contractor made a commitment to achieve small business
participation , then Contractor must within 60 days of receiving final payment under this
Contract (or within such other time period as may be specified elsewhere in this
Contract) report to the awarding department the actual percentage of small business
participation that was achieved. (Govt.Code§ 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise (DVBE) participation , then Contractor must within 60 days of receiving final
payment under this Contract (or within such other time period as may be specified
elsewhere in th is Contract) cert ify in a report to the awarding department: (1) the total
amount the prime Contractor received under the Contract ; (2) the name and address of
the DVBE(s) that participated in the performance of the Contract; (3) the amount each
DVBE received from the prime Contractor; (4) that all payments under the Contract have
been made to the DVBE ; and (5) the actual percentage of DVBE participation that was
achieved . A person or entity that knowingly provides false information shall be subject to
a civil penalty for each v iolation. (Mil. & Vets . Code § 999.S(d); Govt. Code § 14841 .)
18 . LOSS LEADER: If this contract involves the furnish i ng of equipment, materials, or
supplies then the following statement is incorporated: It is unlawful for any person
engaged in business within th is state to sell or use any article or product as a "loss
leader" as defined in Sect ion 17030 of the Business and Profess ions Code. (PCC
10344(e).)
Ini ti als:£.<)~
For Accounting use only:
Fund :0065
Subclass: 17240
Org : 1135
Account : 3575-State Other
IIIJSINUS,CONSIIMUSDVICDAND IIOIJIIIVGAGPCY
BOIIIILIII COOIIIIIJIATING AJIIJI fllWICIIIG C011NC1L (UV Ml)
f l So,,io,IMall,-350-A
5-,CAMIH
"'-: 1916) 653-4090
Pu: (9 16)653 -3115
COVID-19 EMERGENCY HOMELESS FUNDING
c..tractN•aber 20-HCFC-00096
l•YtlieeN-ber Eqlindlll D•te: 6/30/2020
Gn•teeNaae: Coun -Fresno Co•llld..._:
Add....: 205 W. Pontiac Wa Co•llld .,_ Tide:
CIIJ: Clov is E-aaU:
State I, Zip: CA, 93612 Pllo•eNo.:
C OVID-19 E M E R GENCY HOMELESSNESS FUNDING BREAKDOWN
TOTAL: $382,080.59
'
CERTIFICATION
•By Jlgntng th/ 1 form , I certify ID the best of my kttuwledge and belief //,a/ the form tr ,,,,., complete, and oca,,ate, a,,d the actlviliu and bt«Jget are for the prupo,u and obfectll!e.J ut fo,tl, In the term, and cond/1/oru of the
Skmdard A~e,nent. I am .,_,.. //,at a,ry foist , jict/llow. or fralllb,/ent tnfo,-tkln, or the <NH inion of any material /act. ~ mbject me lo crlmtnal, civil or admlnls11Dtlw pmaltlu fa, fraud, folYe Jtat.,,,en/s, folse clalnu or
otherwise.
Ernest Buddy Mendes , Chairman Fresno County Board of Supervisors
N•ar .r A•t•wlud PelW• Datr.
I £_ >I-~ ..A--~ \~ 1oW
5'pal•re of A•t-•riad Pe.;;;------di.tr.
BCSH USE ONLY
GrHI Ma••seme•t Jlrpl'elffllalhe Sipat•re Dale:
ATTEST:
BERNICE E . SEIDEL
C lerk of the Board of Supervisors
County of Fresno , State of Cal iforn ia
By ~ b.i~ Deputy
I