HomeMy WebLinkAboutAgreement A-21-153 with MMC.pdf-1-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A G R E E M E N T
THIS AGREEMENT is made and entered into this _____ day of ______, 2021, by and between
the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as
"COUNTY", and MARJAREE MASON CENTER, INC., a California Private Non-Profit Organization, whose
address is 1600 M Street, Fresno, CA 93721, hereinafter referred to as "SUBRECIPIENT."
W I T N E S S E T H
WHEREAS, COUNTY is the Administrative Entity for Homeless Emergency Aid Program (HEAP)
grant funds awarded to the Fresno Madera Continuum of Care (FMCoC) by the California Business,
Consumer Services and Housing (BCSH) Agency, as authorized by SB 850 (Chapter 48, Statues of 2018);
and
WHEREAS, the Fresno Madera Continuum of Care has a need for coordinated homeless services
to address the homelessness crisis throughout the Counties of Fresno and Madera; and
WHEREAS, SUBRECIPIENT has the expertise and is willing to provide said services pursuant to
the terms and conditions of this Agreement; and
WHEREAS, the BSCH Agency has authorized the purchase and retention of a vehicle by
SUBRECIPIENT with HEAP grant monies as provided for in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions herein
contained, the parties hereto agree as follows:
1.OBLIGATIONS
A.SUBRECIPIENT shall perform all services set forth in Exhibit A, Summary of
Services and Budget, attached hereto and by this reference incorporated herein.
B.SUBRECIPIENT shall maintain membership in the FMCoC and participate in
Coordinated Entry for Domestic Violence survivors throughout the term of this Agreement, as described
in Exhibit A. If, for any reason, this status is not maintained, the COUNTY may terminate this Agreement
pursuant to Section Three (3) of this Agreement.
C.SUBRECIPIENT shall be aware of, agree to, and comply with all State
requirements governing the use of HEAP funds; and all conditions in Exhibit B, COUNTY’s Agreement
27th April
Agreement No. 21-153
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
No. 18-HEAP-00027, attached hereto and by this reference incorporated herein. Failure to comply with
these requirements and conditions may result in termination of this Agreement pursuant to Section
Three (3) of this Agreement. Required conditions include, but are not limited to:
1)Perform the work in accordance with Federal, State and Local housing and
building codes, as applicable.
2)Maintain at least the minimum State-required worker’s compensation for those
employees who will perform the work or any part of it.
3)Maintain, as required by law, unemployment insurance, disability insurance,
and liability insurance in an amount that is reasonable to compensate any person, firm or corporation
who may be injured or damaged by the SUBRECIPIENT or any Subcontractor in performing the Work or
any part of it.
4)Agree to include all the terms of this Agreement and Exhibit B in each
subcontract.
2.TERM
This Agreement shall be effective upon execution through and including June 30, 2021.
3.TERMINATION
A.Non-Allocation of Funds - The terms of this Agreement, and the services to be
provided hereunder, are 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 the SUBRECIPIENT thirty (30) days advance written notice.
B.Breach of Contract - The COUNTY may immediately suspend or terminate this
Agreement in whole or in part, where in the determination of the COUNTY there is:
1)An illegal or improper use of funds;
2)A failure to comply with any term of this Agreement;
3)A substantially incorrect or incomplete report submitted to the COUNTY;
4)Improperly performed service.
In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any
breach of this Agreement or any default which may then exist on the part of the SUBRECIPIENT. Neither
-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
shall such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or
default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment to the
COUNTY of any funds disbursed to the SUBRECIPIENT under this Agreement, which in the judgment of
the COUNTY were not expended in accordance with the terms of this Agreement. The SUBRECIPIENT
shall promptly refund any such funds upon demand.
C.Without Cause - Under circumstances other than those set forth above, this
Agreement may be terminated by COUNTY upon the giving of thirty (30) days advance written notice of
an intention to terminate to SUBRECIPIENT.
4.COMPENSATION
For actual services provided pursuant to the terms of this Agreement, COUNTY agrees to
pay SUBRECIPIENT and SUBRECIPIENT agrees to receive compensation in accordance with Exhibit A,
Summary of Services and Budget. Mandated travel shall be reimbursed based on actual expenditures and
mileage reimbursement shall be at SUBRECIPIENT’s adopted rate per mile, not to exceed the IRS
published rate.
In no event shall actual services performed under this Agreement be in excess of eighty-
eight thousand six hundred and No/100 Dollars ($88,600). Payments by COUNTY shall be in arrears,
for services provided during the preceding month, within forty-five (45) days after receipt, verification
and approval of SUBRECIPIENT’s invoices by COUNTY.
It is understood that all expenses incidental to SUBRECIPIENT'S performance of
services under this Agreement shall be borne by SUBRECIPIENT. If SUBRECIPIENT should fail to
comply with any provision of the Agreement, COUNTY shall be relieved of its obligation for further
compensation. Any compensation which is not expended by SUBRECIPIENT pursuant to the terms and
conditions of this Agreement shall automatically revert to COUNTY. The services provided by the
SUBRECIPIENT under this Agreement are funded in whole or in part by the State of California. In the
event that funding for these services is delayed by the State Controller, COUNTY may defer payment to
CONTRACTOR. The amount of the deferred payment shall not exceed the amount of funding delayed
by the State Controller to the COUNTY. The period of time of the deferral by COUNTY shall not exceed
the period of time of the State Controller’s delay of payment to COUNTY plus forty-five (45) days.
-4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5.INVOICING
SUBRECIPIENT shall invoice COUNTY’s DSS in arrears by the tenth (10th) of each month
for expenditures incurred to provide services rendered in the previous month to:
DSSInvoices@fresnocountyca.gov. Payments by COUNTY’s DSS shall be in arrears, for actual services
provided during the preceding month, within forty-five (45) days after receipt, verification, and approval of
SUBRECIPIENT’s invoices by COUNTY’s DSS. A monthly activity report shall accompany the invoice,
reflecting services supported by the invoiced expenditures and be in a form and in such detail as
acceptable to the COUNTY’s DSS. Invoices shall include all corresponding documentation submitted and
identified by line item, as identified in Exhibit A, Summary of Services and Budget. All final claims for
funding shall be submitted by SUBRECIPIENT by no later than July 10, 2021.
At the discretion of COUNTY’s DSS Director or designee, if an invoice is incorrect or is
otherwise not in proper form or detail, COUNTY’s DSS Director or designee shall have the right to withhold
full payment of the invoice that is incorrect or improper after five (5) days prior written notice or email
correspondence to SUBRECIPIENT. SUBRECIPIENT agrees to continue to provide services for a period of
ninety (90) days after written or email notification of an incorrect or improper invoice. In addition, for invoices
received ninety (90) days after the expiration of each term of this Agreement or termination of this
Agreement, at the discretion of COUNTY’s DSS Director or designee, COUNTY’s DSS shall have the right
to deny payment of any additional invoices received
6.INDEPENDENT CONTRACTOR
In performance of the work, duties and obligations assumed by SUBRECIPIENT under this
Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the
SUBRECIPIENT'S officers, agents, and employees will at all times be acting and performing as an
independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and
function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.
SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the
-5-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject
thereof.
Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely
no right to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be
solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee
benefits. In addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all
matters relating to payment of SUBRECIPIENT'S employees, including compliance with Social Security
withholding and all other regulations governing such matters. It is acknowledged that during the term of this
Agreement, SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to this
Agreement.
7.MODIFICATION
A.Any matters of this Agreement may be modified from time to time by the written
consent of all the parties without, in any way, affecting the remainder.
B.Notwithstanding the above, changes to line items in Exhibit A, Summary of Service
and Budget, in an amount not to exceed ten percent (10%) of the total maximum compensation as
identified in Section Four (4) of this Agreement, may be made with the written approval of COUNTY’s DSS
Director or designee and SUBRECIPIENT. Budget line item changes shall not result in any change to the
maximum compensation amount payable to SUBRECIPIENT, as stated herein.
C.SUBRECIPIENT hereby agrees that changes to the compensation under this
Agreement may be necessitated by a reduction in funding from State and/or Federal sources.
COUNTY’s DSS Director or designee may modify the maximum compensation depending on State and
Federal funding availability, as stated in Section Four (4) in this Agreement. SUBRECIPIENT further
understands that this Agreement is subject to any restrictions, limitations or enactments of all legislative
bodies which affect the provisions, term, or funding of this Agreement in any manner.
8.NON-ASSIGNMENT
SUBRECIPIENT shall not assign, transfer or sub-contract this Agreement nor their rights or
duties under this Agreement without the prior written consent of the COUNTY or COUNTY’s DSS Director
or designee. Any transferee, assignee, or subcontractor will be subject to all applicable provisions of this
-6-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Agreement, and all applicable State and Federal regulations. SUBRECIPIENT shall be held primarily
responsible by the COUNTY for the performance of any transferee, assignee, or subcontractor unless
otherwise expressly agreed to in writing by COUNTY. The use of subcontractor by SUBRECIPIENT shall
not entitle SUBRECIPIENT to any additional compensation than is provided for under this Agreement.
9.HOLD HARMLESS
SUBRECIPIENT agrees to indemnify, save, hold harmless, and at COUNTY'S request,
defend the COUNTY, its officers, agents, and employees from any and all costs and expenses (including
attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to COUNTY in
connection with the performance, or failure to perform, by SUBRECIPIENT, its officers, agents, or
employees under this Agreement, and from any and all costs and expenses (including attorney’s fees and
costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who
may be injured or damaged by the performance, or failure to perform, of SUBRECIPIENT, its officers,
agents, or employees under this Agreement.
10.INSURANCE
Without limiting the COUNTY's right to obtain indemnification from SUBRECIPIENT or any
third parties, SUBRECIPIENT, at its sole expense, shall maintain in full force and effect, the following
insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
A.Commercial General Liability
Commercial General Liability Insurance with limits of not less than Two Million
Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00).
This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
liability or any other liability insurance deemed necessary because of the nature of this contract.
B.Automobile Liability
Comprehensive Automobile Liability Insurance with limits of not less than One
Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should
include any auto used in connection with this Agreement.
-7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
C.Professional Liability
If SUBRECIPIENT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W.,
M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million
Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
D.Worker's Compensation
A policy of Worker's Compensation insurance as may be required by the California
Labor Code.
E.Additional Requirements Relating to Insurance
SUBRECIPIENT shall obtain endorsements to the Commercial General Liability
insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as
additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage
for additional insured shall apply as primary insurance and any other insurance, or self-insurance,
maintained by COUNTY, its officers, agents and employees shall be excess only and not contributing with
insurance provided under SUBRECIPIENT's policies herein. This insurance shall not be cancelled or
changed without a minimum of thirty (30) days advance written notice given to COUNTY.
SUBRECIPIENT hereby waives its right to recover from COUNTY, its officers,
agents, and employees any amounts paid by the policy of worker’s compensation insurance required by
this Agreement. SUBRECIPIENT is solely responsible to obtain any endorsement to such policy that may
be necessary to accomplish such waiver of subrogation, but SUBRECIPIENT’s waiver of subrogation under
this paragraph is effective whether or not SUBRECIPIENT obtains such an endorsement.
Within Thirty (30) days from the date SUBRECIPIENT signs and executes this
Agreement, SUBRECIPIENT shall provide certificates of insurance and endorsement as stated above for
all of the foregoing policies, as required herein, to DSSContractInsurance@fresnocountyca.gov, Attention:
Contract Analyst, stating that such insurance coverage has been obtained and is in full force; that the
County of Fresno, its officers, agents and employees will not be responsible for any premiums on the
policies; that for such worker’s compensation insurance the SUBRECIPIENT has waived its right to recover
from the COUNTY, its officers, agents, and employees any amounts paid under the insurance policy and
that waiver does not invalidate the insurance policy; that such Commercial General Liability insurance
-8-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
names the County of Fresno, its officers, agents and employees, individually and collectively, as additional
insured, but only insofar as the operations under this Agreement are concerned; that such coverage for
additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
by COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance
provided under SUBRECIPIENT's policies herein; and that this insurance shall not be cancelled or changed
without a minimum of thirty (30) days advance, written notice given to COUNTY.
In the event SUBRECIPIENT fails to keep in effect at all times insurance coverage
as herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
Agreement upon the occurrence of such event.
All policies shall be issued by admitted insurers licensed to do business in the State
of California, and such insurance shall be purchased from companies possessing a current A.M. Best, Inc.
rating of A FSC VII or better.
11.CONFLICT OF INTEREST
No officer, employee or agent of the COUNTY who exercises any function or responsibility
for planning and carrying out of the services provided under this Agreement shall have any direct or indirect
personal financial interest in this Agreement. In addition, no employee of the COUNTY shall be employed
by the SUBRECIPIENT under this Agreement to fulfill any contractual obligations with the COUNTY. The
SUBRECIPIENT shall comply with all Federal, State of California and local conflict of interest laws, statutes
and regulations, which shall be applicable to all parties and beneficiaries under this Agreement and any
officer, employee, or agent of the COUNTY.
12.NON-DISCRIMINATION
During the performance of this Agreement SUBRECIPIENT shall not unlawfully discriminate
against any employee or applicant for employment, or recipient of services, because of ethnic group
identification, gender, gender identity, gender expression, sexual orientation, color, physical disability,
mental disability, medical condition, national origin, race, ancestry, marital status, religion, or religious
creed, pursuant to all applicable State of California and Federal statutes and regulations.
13.LIMITED ENGLISH PROFICIENCY
SUBRECIPIENT shall provide interpreting and translation services to persons participating
-9-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
in SUBRECIPIENT’s services who have limited or no English language proficiency, including services to
persons who are deaf or blind. Interpreter and translation services shall be provided as necessary to allow
such participants meaningful access to the programs, services and benefits provided by SUBRECIPIENT.
Interpreter and translation services, including translation of SUBRECIPIENT’s “vital documents” (those
documents that contain information that is critical for accessing SUBRECIPIENT’s services or are required
by law) shall be provided to participants at no cost to the participant. SUBRECIPIENT shall ensure that any
employees, agents, subcontractor, or partners who interpret or translate for a program participant, or who
directly communicate with a program participant in a language other than English, demonstrate proficiency
in the participants’ language and can effectively communicate any specialized terms and concepts peculiar
to SUBRECIPIENT’s services.
14.CLEAN AIR AND WATER
In the event the funding under this Agreement exceeds One Hundred Thousand and No/100
Dollars ($100,000), SUBRECIPIENT shall comply with all applicable standards, orders or requirements
issued under the Clean Air Act contained in 42 U.S. Code 7601 et seq; the Clean Water Act contained in 33
U.S. Code 1368 et seq.; and any standards, laws and regulations, promulgated thereunder. Under these
laws and regulations, SUBRECIPIENT shall assure:
A.No facility shall be utilized in the performance of the Agreement that has been listed
on the Environmental Protection Agency (EPA) list of Violating Facilities;
B.COUNTY shall be notified prior to execution of this Agreement of the receipt of any
communication from the Director, Office of Federal Activities, U.S. EPA indicating that a facility to be utilized
in the performance of this Agreement is under consideration to be listed on the EPA list of Violating
Facilities;
C.COUNTY and U.S. EPA shall be notified about any known violation of the above
laws and regulations; and
D.This assurance shall be included in every nonexempt subgrant, contract, or
subcontract.
15.DRUG-FREE WORKPLACE REQUIREMENTS
For purposes of this paragraph, SUBRECIPIENT will be referred to as the “grantee.” By
-10-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
drawing funds against this grant award, the grantee is providing the certification that is required by
regulations implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F. These
regulations require certification by grantees that they will maintain a drug-free workplace. False certification
or violation of the certification shall be grounds for suspension of payments, suspension or termination of
grants, or government wide suspension or debarment. SUBRECIPIENT shall also comply with the
requirements of the Drug-Free Workplace Act of 1990 (California Government Code section 8350 et seq).
16.CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND
VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS
A.COUNTY and SUBRECIPIENT recognize that SUBRECIPIENT is a recipient of
State funds under the terms of this Agreement. By signing this Agreement, SUBRECIPIENT agrees to
notify COUNTY of any past, present, or future Federal suspension or debarment. By signing this
Agreement, SUBRECIPIENT attests to the best of its knowledge and belief, that it and its principals:
1)Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded by any Federal department or agency; and
2)Shall not knowingly enter into any covered transaction with an entity or
person who is proposed for debarment under Federal regulations, debarred, suspended, declared
ineligible, or voluntarily excluded from participation in such transaction.
B.SUBRECIPIENT shall provide immediate written notice to COUNTY if at any time
during the term of this Agreement SUBRECIPIENT learns that the representations it makes above were
erroneous when made or have become erroneous by reason of changed circumstances.
C.SUBRECIPIENT shall include a clause titled “Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion – Lower Tier Covered Transactions” and similar in
nature to this paragraph in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
D.SUBRECIPIENT shall, prior to soliciting or purchasing goods and services in
excess of $25,000 funded by this Agreement, review and retain the proposed vendor’s suspension and
debarment status at https://www.sam.gov/SAM/.
///
-11-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
17.CONFIDENTIALITY
All services performed by SUBRECIPIENT under this Agreement shall be in strict
conformance with all applicable Federal, State of California, and/or local laws and regulations relating to
confidentiality.
18.DATA SECURITY
Individuals and/or agencies that enter into a contractual relationship with the COUNTY for
the purpose of providing services must employ adequate controls and data security measures, both
internally and externally to ensure and protect the confidential information and/or data provided to
contractor by the COUNTY, preventing the potential loss, misappropriation or inadvertent access, viewing,
use or disclosure of COUNTY data including sensitive or personal client information; abuse of COUNTY
resources; and/or disruption to COUNTY operations.
Individuals and/or agencies may not connect to or use COUNTY networks/systems via
personally owned mobile, wireless or handheld devices unless authorized by COUNTY for telecommuting
purposes and provide a secure connection; up to date virus protection and mobile devices must have the
remote wipe feature enabled. Computers or computer peripherals including mobile storage devices may not
be used (COUNTY or SUBRECIPIENT device) or brought in for use into the COUNTY’s system(s) without
prior authorization from COUNTY’s Chief Information Officer and/or designee(s).
SUBRECIPIENT may not store COUNTY’s private, confidential or sensitive data on any
hard-disk drive, portable storage device or remote storage installation unless encrypted according to
advance encryption standards (AES of 128 bit or higher).
The COUNTY will immediately be notified of any violations, breaches or potential breaches
of security related to COUNTY’s confidential information, data and/or data processing equipment which
stores or processes COUNTY data, internally or externally.
COUNTY shall provide oversight to SUBRECIPIENT’s response to all incidents arising from
a possible breach of security related to COUNTY’s confidential client information. SUBRECPIENT will be
responsible to issue any notification to affected individuals as required by law or as deemed necessary by
COUNTY in its sole discretion. SUBRECIPIENT will be responsible for all costs incurred as a result of
providing the required notification.
-12-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
19.PROPERTY OF COUNTY
SUBRECIPIENT agrees to take reasonable and prudent steps to ensure the security of
any and all said hardware and software provided to it by COUNTY under this Agreement, to maintain
replacement-value insurance coverages on said hardware and software of like kind and quality
approved by COUNTY.
20.INDEPENDENT AUDIT
A.COUNTY reserves the right to perform or cause to be performed a financial audit. At
COUNTY’s request, the SUBRECIPIENT shall provide, at its own expense, a financial audit prepared by a
certified public accountant. HEAP administrative funds may be used to fund this expense.
1)If a financial audit is required by COUNTY, the audit shall be performed by
an independent certified public accountant.
2)The SUBRECIPIENT shall notify COUNTY of the auditor’s name and
address immediately after the selection has been made. The contract for the audit shall allow access by
COUNTY and State representatives to the independent auditor’s working papers.
3)The SUBRECIPIENT is responsible for the completion of audits and all costs
of preparing audits.
4)The completed audit report shall be submitted by the auditor to COUNTY
within three business days of completion.
5)If there are audit findings, the SUBRECIPIENT must submit a detailed
response acceptable to COUNTY for each audit finding within 90 days from the date of the audit finding
report.
B.Failure to comply with the above provision may result in COUNTY performing the
necessary audit tasks or contracting with a qualified accountant to perform said audit. All audit costs related
to this Agreement are the sole responsibility of SUBRECIPIENT who agrees to take corrective action to
eliminate any material noncompliance or weakness found as a result of such audit. Audit work performed
by COUNTY under this paragraph shall be billed to SUBRECIPIENT at COUNTY cost, as determined by
COUNTY’s Auditor-Controller/Treasurer-Tax Collector.
///
-13-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
21.AUDITS AND INSPECTIONS
The SUBRECIPIENT shall at any time during business hours, and as often as the COUNTY
may deem necessary, make available to the COUNTY for examination all of its records and data with
respect to the matters covered by this Agreement. The SUBRECIPIENT shall, upon request by the
COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
SUBRECIPIENT'S compliance with the terms of this Agreement.
SUBRECIPIENT shall make available all records and accounts for inspection and audit by
COUNTY, the State of California, the Comptroller General of the United States, a Federal Grantor Agency,
or any of their duly authorized representatives, at all reasonable times for a period of at least five (5) years
following final payment under this Agreement or the closure of all other pending matters, whichever is later.
In addition, SUBRECIPIENT shall cooperate and participate with COUNTY’s fiscal review
process and comply with all final determinations rendered by the COUNTY’s fiscal review process. If
COUNTY reaches an adverse decision regarding SUBRECIPIENT’s services to consumers, it may result in
the disallowance of payment for services rendered; or in additional controls to the delivery of services, or in
the termination of this Agreement, at the discretion of COUNTY’s DSS Director or designee. If as a result of
COUNTY’s fiscal review process a disallowance is discovered due to SUBRECIPIENT’s deficiency,
SUBRECIPIENT shall be financially liable for the amount previously paid by COUNTY to SUBRECIPIENT
and this disallowance will be adjusted from SUBRECIPIENT’s future payments, at the discretion of
COUNTY’s DSS Director or designee. In addition, COUNTY shall have the sole discretion in the
determination of fiscal review outcomes, decisions and actions.
22.FRATERNIZATION
SUBRECIPIENT shall establish procedures addressing fraternization between
SUBRECIPIENT’s staff and clients. Such procedures will include provisions
23.STATE ENERGY CONSERVATION
SUBRECIPIENT must comply with the mandatory standard and policies relating to energy
efficiency which are contain in the State Energy Conservation Plan issued in compliance with 42 United
States (US) Code sections 6321, et. seq.
///
-14-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
24.CHARITABLE CHOICE
SUBRECIPIENT may not discriminate in its program delivery against a client or potential
client on the basis of religion or religious belief, a refusal to hold a religious belief, or a refusal to actively
participate in a religious practice. Any specifically religious activity or service made available to individuals
by the SUBRECIPIENT must be voluntary as well as separate in time and location from COUNTY funded
activities and services. SUBRECIPIENT shall inform COUNTY as to whether it is faith-based. If
SUBRECIPIENT identifies as faith-based, they must submit to DSS a copy of its policy on referring
individuals to alternate treatment SUBRECIPIENT, and include a copy of this policy in their client admission
forms. The policy must inform individuals that they may be referred to an alternative provider if they object
to the religious nature of the program, and include a notice to DSS. Adherence to this policy will be
monitored during site reviews, and a review of client files. If SUBRECIPIENT identifies as faith-based, by
July 1 of each year SUBRECIPIENT will be required to report to DSS the number of individuals who
requested referrals to alternate providers based on religious objection.
25.PROHIBITION ON PUBLICITY
None of the funds, materials, property or services provided directly or indirectly under this
Agreement shall be used for SUBRECIPIENT’s advertising, fundraising, or publicity (i.e., purchasing of
tickets/tables, silent auction donations, etc.) for the purpose of self-promotion. Notwithstanding the above,
publicity of the services described in Paragraph One (1) of this Agreement shall be allowed as necessary to
raise public awareness about the availability of such specific services when approved in advance by the
Director or designee and at a cost as provided in Exhibit A for such items as written/printed materials, the
use of media (i.e., radio, television, newspapers) and any other related expense(s).
26.PUBLIC INFORMATION
SUBRECIPIENT shall disclose COUNTY as a funding source in all public information.
27.NOTICES
The persons and their addresses having authority to give and receive notices under this
Agreement include the following:
///
///
-15-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY SUBRECIPIENT
Director, COUNTY OF FRESNO Director, Marjaree Mason Center Inc.
Department of Social Services 1600 M Street
P.O. Box 1912 Fresno, CA 93721
Fresno, CA 93718-1912
All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this
Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
personal service is effective upon service to the recipient. A notice delivered by first-class United States
mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
beginning with section 810).
28.GOVERNING LAW
Venue for any action arising out of or related to this Agreement shall only be in Fresno
County, California.
The rights and obligations of the parties and all interpretation and performance of this
Agreement shall be governed in all respects by the laws of the State of California.
29.CHANGE OF LEADERSHIP/MANAGEMENT
In the event of any change in the status of SUBRECIPIENT’s leadership or management,
SUBRECIPIENT shall provide written notice to COUNTY within thirty (30) days from the date of change.
-16-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Such notification shall include any new leader or manager’s name, address and qualifications. “Leadership
or management” shall include any employee, member, or owner of SUBRECIPIENT who either a) directs
individuals providing services pursuant to this Agreement, b) exercises control over the manner in which
services are provided, or c) has authority over SUBRECIPIENT’s finances.
30.LOBBYING AND POLITICAL ACTIVITY
None of the funds provided under this Agreement shall be used for publicity, lobbying or
propaganda purposes designed to support or defeat legislation pending in the Congress of the United
States of America or the Legislature of the State of California.
SUBRECIPIENT shall not directly or indirectly use any of the funds under this Agreement for
any political activity or to further the election or defeat of any candidate for public office.
31.DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the SUBRECIPIENT is operating as a corporation (a
for-profit or non-profit corporation) or if during the term of the agreement, the SUBRECIPIENT changes
its status to operate as a corporation.
Members of the SUBRECIPIENT’s Board of Directors shall disclose any self-dealing
transactions that they are a party to while SUBRECIPIENT is providing goods or performing services
under this agreement. A self-dealing transaction shall mean a transaction to which the SUBRECIPIENT
is a party and in which one or more of its directors has a material financial interest. Members of the
Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and
signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and incorporated
herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing
transaction or immediately thereafter.
32.SEVERABILITY
The provisions of this Agreement are severable. The invalidity or unenforceability of any one
provision in the Agreement shall not affect the other provisions.
33.ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the SUBRECIPIENT and
COUNTY with respect to the subject matter hereof and supersedes all previous Agreement negotiations,
-17-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
proposals, commitments, writings, advertisements, publications, and understanding of any nature
whatsoever unless expressly included in this Agreement.
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written .
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SUBRECIPIENT:
Marjaree Mason Center Inc.
By: cJ7«cl? ~R
Print Name: Nicole Linder
Title: _E_x_e_c_u_t_iv_e_D_ir_e_c_to_r __ _
Chairman of the Board , or
President, or any Vice President
By: 7'Jc.n N
Print Name: Marcus Martin
Title: Director of Finance
Secretary (of Corporation), or
any Assistant Secretary, or
Chief Financial Officer, or
any Assistant Treasurer
Mailing Address:
1600 M Street
Fresno, CA 93721
Phone No: (559) 237-4706
Contact: Executive Director
FOR ACCOUNTING USE ONLY:
Fund/Subclass: 0001/10000
ORG No .: 56107114
Account No.: 7870/0
DEN:dl
COUNTY ~
Steve Brandau,Cairman 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: d .1..DA· \ ~
Deputy
-18 -
Exhibit A
Page 1 of 2
SUMMARY OF SERVICES AND BUDGET
ORGANIZATION: MARJAREE MASON CENTER, INC.
ADDRESS: 1600 M Street, Fresno, CA 93721
TELEPHONE: (559) 237-4706
CONTACT: Nicole Linder
EMAIL: nicole@mmcenter.org
AMOUNT: $88,600
A. SUMMARY OF SERVICES
Marjaree Mason Center, Inc. (MMC) will provide cleaning and sanitizing supplies, as well as
computers, food, and janitorial services for individuals and families fleeing domestic violence
and utilizing MMC’s emergency shelter. Supplies, services, and food are to be provided in
order to maintain a sanitary environment within the shelter during the COVID-19 pandemic.
Computers will be provided to assist clients in meeting MMC service needs. Additionally, a
vehicle will be purchased to provide transportation in a safe and sanitary environment, as
well as to deliver food to households that are being served off-site.
B. SUBRECIPIENT RESPONSIBILITIES
• Maintain membership in good standing in the Fresno Madera Continuum of Care
(FMCoC) and participate in Coordinated Entry System (CES).
• Purchase and retain a vehicle, 4-door sedan, small SUV, or Van. Utilize the purchased
vehicle to provide transportation directly to clients participating in the Emergency Shelter
Program, including those housed off-site in alternative safe housing, to assist them in
attending doctor’s appointments, legal appointments, and social services appointments;
provide clients’ food, clothing, and basic necessity delivery services; and transport those
not eligible for MMC services to other appropriate service providers.
• Purchase and make available for client use only two (2) computers.
• Purchase and utilize four (4) touchless temperature scanners to provide initial checks at
entry points and allow the triage of clients who may have elevated temperatures.
• Purchase and utilize PPE, janitorial supplies, and additional janitorial services, to
effectively protect clients and staff from the risk of exposure to COVID-19 infection.
• Purchase food to-go containers for the delivery of meals to clients participating in the
Emergency Shelter Program, including those housed off-site in alternative safe housing.
• Purchase additional linens, towels, and comforters for clients participating in the
Emergency Shelter Program, including those housed off-site in alternative safe housing.
C. REPORTS AND OUTCOMES
A monthly report shall be provided along with the invoice, reflecting the expenditures and the
total number of individuals served. The monthly report shall be in a form and in such detail as
acceptable to the COUNTY’s DSS.
Exhibit A
Page 2 of 2
Budget
Expenditures Amount
Touchless Body Temperature Scanners (4) $ 11,000
Food Supplies (To Go Containers) $ 9,000
Janitorial Services $ 4,500
Janitorial Supplies $ 10,000
Linens, Towels, Comforters $ 7,500
PPE for clients and staff face shields and masks $ 7,500
Computers (2) for client use only $ 2,600
Hospital Grade Purifiers $ 7,500
Vehicle $ 29,000
Total $ 88,600
STATEjOF CALIFORNIASTANDARD AGREEMENT
STD 213 (Rev 06103)
Agreement No. 19-082
AGREEMENTNUMBER
18-HEAP-00027
REGISTRATIONNUMBER
CA~14
STATE.AGENCY'S NAME
1.This Agreement is entered.into betWeenthe State Agency and the Contractor nallied below:
BUSINE$S"CONSUMER SERVICES AlIID HOUSINGAGENCY
CONTRACTOR'S NAME
County of Fresno
2.'.The term of this
Agreement is;'Upon BCSHApproval through 10/31/2021.
3.The maximum amountofthis Agreement is:$ 9,501,36~;84
4. The parties agree tq Complywith the terms and conditions of the following exhibits, which are by this reference madea part ofthe Agreement..
ExhibitA -Authority,Purpose and Scope of Work
Budget Detail and Payment Provisions
Terms and Conditions
Exhibjt B-
Exhibit C-
Exhibit D - SpecialTerms and Conditions
'\TOTAL NUMBER OF PAGES ATTACHED:
INWITNESS WHEREOF, this Agreemei1thas been executed by ~e parties hereto.
3
3
9
1
16 '
·CONTRACTOR .California Deparlment of General .
Services Use Only .
ATTEST:
:BERNICE E.SEIDEL
Clerk of the Board of SupervisorsCounty of Fresno,State of California
.By sj\l>e ..t..-,cl .Deputy
I
.CONTRACTOR'SNAME (if otherthan an individual,state whether a corporation,partnership,etc.)
County of Fresno
DATESIGNED (Do~ottype)
ADDRESS
,200W. PontiacWay, Building 3, Clovis~CA, 93612
STATE OF CALIFORNIA
i AGENCY NAME
BUSINESS, CONSUME
.Alexis Podesta, Secretary
Business, Consumer Seniices and Housing Agency
ADDRESS
915 Capitol Mall,Suite 360-A,Sacramento,CA 95814
.0 Exempt per:
Exhibit B
FOR COUNTY OF FRESNO ACCOUNTING USE ONLY:
Fund/Subclass: 0065/17237
Organization: 1132
Account/Program: 3575
Exhibit B
2 of 18
1. Authority
Standard Agreem ent
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
Homeless Emergency Aid Program (HEAP)
County of Fresno
18-HEAP-00027
Page 1 of 3
Pursuant to Chapte r 5 (commenci ng with Section 50210) of Part 1 of Division 31 of
the Health and Safety Code, and all other relevant provisions established under SB
850 (Chapte r 48 , Statutes of 2018), the State has established the Homeless
Emergency Aid Program ("HEAP" or "the Program " or "the grant"). The Program is
administered by the California Homeless Coordinating and Financing Council
("Cou ncil ") in the Business , Consumer Services and Housing Agency ("Agency").
HEAP provides one-time flexible block grant funds to Administrative Entities as
defined in the September 5, 2018 HEAP Notice of Funding Availability (NOFA) and
Large Cities to address their immediate homelessness challenges . This Standard
Agreement along with all its exhibits ("Agreement") is entered into by the Agency and
an Administrative Entity or La rge City ("Contractor") under the authori ty of, and in
furt herance of the purpose of, the Program . In sign i ng this Agreement and thereby
accepting this award of funds , the Contractor agrees to comply with the terms and
conditions of the Agreement, the Notice of Fun ding Availab il ity ("NOFA") un der which
the Contractor applied, the representations conta ined in the Contractor's application,
a nd the requireme nts of t he authority cited above .
2. Purpose
The general purpose of the Program is to provide one-time block grant funding to
add ress the immediate emergency needs of homeless individua ls and individuals at
imminent risk of homelessness in the service area of each Contractor. In accordance
with the autho rity cited above , an application was made by the Contractor for HEAP
funds to be allocated for eligible uses under the grant, which include, but are not
limited to, the following: services , rental assistance or subsidies , capital improvements
and homeless youth activities .
3. Definitions
Terms herein shall have the same meaning as the defin itions set forth in the HEAP
NOFA.
4. Scope of Work
T he Scope of Work ("Work") for this Agreement shall include one-time uses that are
consistent with Chapter 5 (com mencing with Section 50210) of Part 1 of Division 31
of the Health and Safety Code, and all other relevant provisions established under SB
850 (Chapter 48 , Statutes of 2018), for eligible uses, which include , but are not limited
to , one or more of the following:
Homeless Emergency A id Program
NOFA Date: 09/05/2018
Contractor's In itials
Exhibit B
3 of 18
A
B.
C.
D.
E.
F.
Services,
Standard Agreement
EX HIBIT A
Rental Assistance or Subsid ies,
Capital Improvements,
Homeless Youth Set-Aside ,
Adm inistrative Costs , and
Other
5. Agency Contract Coord in ator
County of Fresno
18-H EAP-00027
Page 2 of 3
The Agency's Contract Coordinator for this Agreement is the Council's HEAP Grant
Manager o r the Grant Manager's designee. Unless otherwise instructed , any notice,
report , or other communication requiring Contractor signature fo r this Agreement shall
be mailed by first class mail to the Agen cy Contract Coordinator at the followi ng
address:
Business , Consumer Services and Housing Agency
Attn : Homeless Emergency Aid Program Grant Manager
915 Capitol Mall, Suite 350-A
Sacramento, CA 95814
6 . Co ntractor's Con tract C oordinato r
The Contractor's Contract Coord inator ("Authorized Representat ive ") for th is
Agreement is listed below. Unless otherwise informed, any n otice , report or other
communication required by t his Ag reement will be mailed by first class mail to the
Contractor's Contract Coord inator at the following address:
Contracto r's
Authorized
Representative Laura Moreno, Program Manager
Name:
Address: 200 W. Pontiac Way, Building 3
Clovis , CA 93612
Phone: (559) 600-2335
Email: lhaga@fresnocountyca .gov
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Exhibit B
4 of 18
Standard Agreement
EXHIBIT A
7. Effective Dat e, Term of Agreement, and Deadlines
County of Fr!3sno
18-HEAP-00027
Page 3 of 3
A. This Agreement is effective upon approval by the Agency (indicated by the
signature provided by Agency in the lower left section of page one , Standard
Agreement , STD. 213), when signed by all parties .
B. All HEAP grant funds must be at least fifty percent contractually obligated by
January 1, 2020. One hundred percent of Program funds must be expended by
June 30, 2021. Any funds not expended by that date shall be returned to the
Agency and will revert to the General Fund (See Health and Safety Code Section
50215).
8. Special Conditions
Agency reserves the right to add any special conditions to this Agreement it deems
necessary to ensure the goals of the Program are achieved.
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Exhibit B
5 of 18
1. Budget Detail
Standard Agreement
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
Homeless Emergency Aid Program (HEAP)
County of Fresno
18-H EAP-00027
Page 1 of 3
The Contractor agrees that HEAP funds shall be expended on one-time uses that
address immediate homelessness challenges.
Consistent with the application submitted by the Contractor on December 12, 2018 ,
the Business, Consumer Services and Housing Agency ("Agency") shall award funds
in the form of a grant for the following eligible activities:
A Capital Improvements:
B. Services:
C. Rental Assistance or Subsidies:
D. Homeless Youth Set-Aside:
E. Administrative Costs:
F . Other:
Total HEAP Award Amount:
2. General Conditions Prior to Disbursement
$ 0.00
$ 7 ,073 ,213.70
$ 994,679 .00
$ 475,068.14
$ 475,068 .00
$ 483 ,334.00
$9 ,501 ,362 .84
General Requirements -All Contractors must submit the following forms prior to
HEAP funds being released:
A Request for Funds Form (RFF),
B. Four original copies of the signed STD . 213 form and initialed Exhibits A through
D,and
C. Any other documents , certifications, or evidence requested by Agency as part of
the HEAP application .
3. Expenditure of Funds
Specific requirements and deadlines for contractually obligating and expending
awarded funds are defined in the HEAP statutes. Health and Safety Code Sections
50214 and 50215 mandate the following :
A No more than five (5) percent of HEAP funds may be used for administrative costs
related to the execution of eligible activities .
B. No less than five (5) percent of HEAP funds shall be used to establish or expand
services meeting the needs of homeless youth or youth at risk of homelessness .
C . No less than 50 percent of HEAP funds shall be contractually obligated by January
1 , 2020.
D. One hundred percent of HEAP funds shall be expended by June 30, 2021 .
Homeless Eme rgency Aid Program
NOFA Date: 09/05/2018
Contractor's In itials
Exhibit B
6 of 18
County of Fresno
18-HEAP-00027
Page 2 of 3
Standard Agreement
EXHIBIT B
E. Any funds not expended by June 30, 2021 shall be returned to Agency and will
revert to the General Fund.
Homeless Coordinating and Financing Council ("Council") staff will provide ongoing
technical assistance and training to support Contractors in successfully complying with
these requirements and deadlines.
HEAP funds may not be obligated and expended prior to the effective date of this
Agreement or prior to Contractor's receipt of HEAP funds , whichever date is later,
even if it is for an eligible use under the statute. Program funds shall be expended in
compliance with the requirements set forth in Chapter 5 of Part 1 of Division 31 of the
Health and Safety Code and all other relevant provisions established under SB 850 ,
the NOFA, and this Agreement.
4. Disbursement of Funds
HEAP funds will be disbursed to the Contractor upon receipt , review and approval of
the completed RFF by Agency, which will then forward the RFF to the State
Controller's Office ("SCO") for a check to be issued . The RFF must include the
proposed activities and amount of funds proposed for expenditure under each eligible
use . HEAP funds will be disbursed in a single allocation once the RFF has been
received by the SCO.
5. Budget Changes
After the effective date of this Agreement, the Contractor agrees that no changes shall
be made to the Contractor's HEAP budget, funded homeless service providers
("subrecipients "), or eligible activities listed in the RFF without first obtaining approval
from Agency. Any changes to this Agreement must be requested by the Contractor in
writing through submission of a Change Request Form . Changes must be approved
in writing by Agency.
6. Ineligible Costs
HEAP funds shall not be used for costs associated with activities in violation of any
law or for any activities not consistent with the intent of the Program and the eligible
uses identified in Health and Safety Code Section 50214.
Agency reserves the right to request additional information and clarification to
determine the reasonableness and eligibility of all costs to be paid with funds made
available by this Agreement. If the Contractor or its funded subrecipients use HEAP
funds to pay for ineligible activities , the Contractor shall be required to reimburse these
funds to Agency.
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Exhibit B
7 of 18
Standard Agreement
EXHIBIT B
County of Fresno
18-HEAP-00027
Page 3 of 3
A. An expenditure wh ich is not authorized by this Agreement, or which cannot be
adequately documented, shall be disallowed and must be reimbursed to Agency
by the Contractor.
B. Expenditures for activities not described in Exhibit A or Paragraph 1 above shall
be deemed authorized if the activities are consistent with Health and Safety Code
Section 50214 and such activities are included in the approved RFF or are
approved in writing by Agency prior to the expenditure of funds for those activities.
C . Agency, at its sole and reasonable discretion, shall make the final determination
regarding the allowability of expenditures of HEAP funds .
D. Program funds shall not be used for overhead or planning activities, including
Homeless Management In formation Systems or Homelessness Plans .
7. Administrative Costs
The Contractor must comply with Health and Safety Code Section 50214, which limits
administrative costs related to the execution of eligible activities to no more than five
percent of HEAP funds. For purposes of this Program , "administrative costs" does not
include staff costs directly related to carrying out the eligible activities described in
Paragraph 1 of this Exhibit.
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Exhibit B
8 of 18
Standard Agreement
EXHIBIT C
TERMS AND CONDITIONS
Homeless Emergency Aid Program (HEAP)
County of Fresno
18-HEAP-00027
Page 1 of 9
1. Effective Date, Commencement of Work and Completion Dates
A. This Agreement is effective upon approval by Agency, which is indicated by the
signature provided by Agency in the lower left-hand corner of page one, Standard
Agreement, STD. 213, when signed by all parties. Contractor agrees that the work
shall not commence, nor any costs to be paid with HEAP funds be incurred or
obligated by any party, prior to execution of this Agreement by Agency and the
Contractor, or prior to Contractor's receipt of HEAP funds , whichever date is later.
Contractor agrees that the work shall be completed by the expenditure date
specified in Exhibit A, Paragraph 6.
B. Contractor must contractually obligate no less than 50 percent of HEAP funds by
January 1, 2020 . One hundred percent of HEAP funds shall be expended by June
30 , 2021 . Any funds not expended by June 30 , 2021 shall be returned to Agency
and revert to the General Fund . "Obligate " means that the Contractor has placed
orders , awarded contracts, received services, or entered similar transactions that
require payment from the grant amount. In the case of an award made to a general
purpose local government that subcontracts with private nonprofit organizations
via letters of awards and Service Provider Agreements, the Subcontractors are
required to obligate the funds by the same statutory deadlines. "Expended " means
all HEAP funds obligated under contract or subcontract have been fully paid and
receipted , and no invoices remain outstanding .
C . Contractor and its Subcontractors agree that th e work shall be completed by the
expiration date specified in Exhibit A , Paragraph 6 and that the Scope of Work will
be provided for the full term of this Agreement.
2 . Sufficiency of Funds and Termination
A. Agency may terminate this Agreement at any time for cause by giving a minimum
of 14 days' notice of termination , in writing , to the Contractor. Cause shall consist
of: violations of any terms or conditions of this Agreement, or any breach of
contract as described in Paragraph 7 ; violation of any Federal or State Laws or
Regulations ; or withdrawal of Agency's expenditure authority. Upon termination of
this Agreement, unless otherwise approved in writing by Agency, any unexpended
funds received by the Contractor shall be returned to Agency within thirty days of
the Notice of Termination .
B. This Agreement is valid and enforceable only if sufficient funds are made available
to Agency by legislative appropriation . In addition, this Agreement is subject to any
additional restrictions , limitations or conditions , or statutes, regulations or any other
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Contracto r's Initials
Exhibit B
9 of 18
County of Fresno
18-HEAP-00027
Page 2 of 9
Standard Agreement
EXHIBIT C
laws, whether federal or those of the State of California, or of any agency,
department, or any political subdivision of the federal or State of California
governments, which may affect the provisions, terms or funding of this Agreement
in any manner.
3 . Transfers
Contractor may not transfer or assign by subcontract or novation , or by any other
means, the rights, duties, or performance of this Agreement or any part thereof, except
w ith the prior written approval of Agency and a formal amendment to this Agreement
to affect such subcontract or novation .
4. Contractor's Application for Funds
Contractor has submitted to Agency an application for HEAP funds to provide urgently
needed emergency assistance to homeless people in communities with a declared
shelter crisis or applicable waiver as authorized by Health and Safety Code Section
50212(b). Agency is entering into this Agreement on the basis of, and in substantial
reliance upon , Contractor's facts , information, assertions and representations
contained in that Application , and in any subsequent modifications or additions thereto
approved by Agency. The Application and any approved modifications and additions
thereto are hereby incorporated into this Agreement.
Contractor warrants that all information , facts , assertions and representations
contained in the Application and approved modifications and additions thereto are
true, correct, and complete to the best of Contractor's knowledge. In the event that
any part of the Application and any approved modification and addition thereto is
untrue, incorrect, incomplete, or misleading in such a manner that would substantially
affect Agency approval, disbursement, or monitoring of the funding and the grants or
activities governed by this Agreement, then Agency may declare a breach hereof and
take such action or pursue such remedies as are provided for breach hereof.
5 . Reporting/Audits
A. The Contractor shall submit an annual report to Agency on forms provided by
Agency, by January 1, 2020 and January 1, 2021. If the Contractor fails to provide
such documentation, Agency may disencumber any portion of the amount
authorized by this Agreement with a 14-day written notification . The Contractor
shall also submit a final report by September 30 , 2021 .
B. The annual report shall contain a detailed report containing the following :
1 . Amounts awarded to subrecipients with activity(ies) identified .
2 . Contract expenditures .
3. Unduplicated number of homeless persons or persons at imminent risk of
homelessness served.
Homeless Eme rgency Aid Program
NOFA Date: 09/05/2018
Exhibit B
10 of 18
County of Fresno
18-HEAP-00027
Page 3 of 9
Standard Agreement
EXHIBIT C
4 . Number of instances of service (defined in September 5, 2018 HEAP NOFA).
5. Increases in capacity for new and existing programs .
6. The number of unsheltered homeless persons becoming sheltered .
7. The number of homeless persons entering permanent housing.
Breakdowns will be expected for each activity (i.e. services , capital improvements ,
rental assistance, etc.) and program type (i.e. emergency shelter, rapid re -housing,
outreach , etc.) for the supplemental reporting requirements listed above , when
applicable . The same information will also be requested specifically for the following
subpopulations, based on priorities defined by the U .S. Department of Housing and
Urban Development (HUD):
1. Chronically homeless
2 . Homeless veterans
3 . Unaccompanied homeless youth
4 . Homeless persons in families with children
Counts by subpopulation will not be required in cases where that information is
unavailable , but it is expected in cases where client information is entered in a
Homeless Management Information System (HMIS). Additional breakdowns for other
subgroups (e .g. race, ethnicity, disability status , etc.) are optional , if the Contractor
chooses to include them .
The Contractor will also be asked to comment on the following:
1. Progress made toward local homelessness goals .
2. The alignment between HEAP funding priorities and "Housing First" principles
adopted by the Homeless Coordinating and Financing Council.
3. Any other effects from HEAP funding that the CoC or large city would like to
share (optional).
C. Agency reserves the right to perform or cause to be performed a financial audit. At
Agency request, the Contractor shall provide , at its own expense, a financial audit
prepared by a certified public accountant. HEAP administrative funds may be used
to fund this expense .
1. If a financial audit is required by Agency , the audit shall be performed by an
independent certified public accountant.
2. The Contractor shall notify Agency of the auditor's name and address
immediately after the selection has been made . The contract for the aud it shall
allow access by Agency to the independent auditor's working papers .
3. The Contractor is responsible for the completion of audits and all costs of
preparing audits .
4. If there are audit findings , the Contractor must submit a detailed response
acceptable to Agency for each audit finding within 90 days from the date of the
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Exhibit B
11 of 18
audit finding report .
County of Fresno
18-HEAP-00027
Page 4 of 9
Standard Agreement
EXHIBIT C
6 . Retention and Inspection of Records
A The Contractor agrees that Agency or its designee shall have the right to review,
obtain , and copy all records and supporting documentation pertaining to
performance of this Agreement. The Contractor agrees to provide Agency or its
designee , with any relevant information requested . The Contractor agrees to
permit Agency or its designee access to its premises, upon reasonable notice,
during normal business hours for the purpose of interviewing employees who might
reasonably have information related to such records and inspecting and copying
such books, records , accounts , and other materials that may be relevant to a
matter under investigation for the purpose of determining compliance with the
Chapter 5 of Part 1 of Division 31 of the Health and Safety Code and all other
appl icable requirements established under SB 850, HEAP program guidance
document published on the website, and this Agreement.
B . The Contractor further agrees to retain all records described in Paragraph A for a
minimum period of five (5) years after the termination of this Agreement.
1. If any litigation , claim , negotiation, audit, monitoring , inspection or other action
has been commenced before the expiration of the required record retention
period , all records must be retained until completion of the action and resolution
of all issues which arise from it.
7 . Breach and Remedies
A The following shall each constitute a breach of this Agreement:
1. Contractor's failure to comply with the terms or conditions of this Agreement.
2 . Use of, or permitting the use of, HEAP funds provided under this Agreement
for any ineligible activities.
3. Any failure to comply with the deadlines set forth in this Agreement.
B . In addition to any other remedies that may be available to Agency in law or equity
for breach of this Agreement, Agency may:
1. Bar the Contractor from applying for future HEAP funds;
2. Revoke any other existing HEAP award(s) to the Contractor;
3 . Require the return of any unexpended HEAP funds disbursed under this
Agreement;
4. Require repayment of HEAP funds disbursed and expended under this
Agreement;
5 . Require the immediate return to Agency of all funds derived from the use of
HEAP funds including, but not limited to recaptured funds and returned funds ;·
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Exhibit B
12 of 18
County of Fresno
18-HEAP-00027
Page 5 of 9
Standard Agreement
EXHIBITC
6 . Seek, in a court of competent jurisdiction, an order for specific performance of
the defaulted obligation or the appointment of a receiver to complete the
technical assistance in accordance w ith HEAP requirements ; and
7 . Seek such other remedies as may be available under this Agreement or any
law.
C . All remedies available to Agency are cumulative and not exclusive .
D. Agency may give written notice to the Contractor to cure the breach or v iolation
within a period of not less than 15 days.
8 . Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or
subsequent breach . The failure of Agency to enforce at any time the provisions of this
Agreement, or to require at any time, performance by the Contractor of these
provisions, shall in no way be construed to be a waiver of such provisions nor to affect
the validity of this Agreement or the right of Agency to enforce these provisions.
9. Nondiscrimination
During the performance of this Agreement, Contractor and its subcontractors shall not
unlawfully discriminate, harass, or allow harassment aga inst any employee or
applicant for employment because of sex (gender), sexual orientation, gender identity,
gender expression , race , color, ancestry, religion , creed , national origin (including
language use restriction), pregnancy, physical disability (including HIV and AIDS),
mental disability, medical condition (cancer/genetic characteristics), age (over 40),
genetic information , marital status, military and veteran status, and denial of medical
and family care leave or pregnancy disability leave. Contractors and subcontractors
shall ensure that the evaluation and treatment of their employees and applicants for
employment are free from such discrimination and harassment. Contractor or
subcontractors shall comply with the provisions of the Fair Employment and Housing
Act (Government Code section12990 (a-f) et seq .) and the applicable regulations
promulgated there under (California Code of Re gulations, Title 2 , section 7285 et seq.).
The applicable regulations of the Fair Employ ment and Housing Commission
implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division
4 of Title 2 of the California Code of Regulations , are incorporated into this Agreement
by reference and made a part hereof as if set forth in full. 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.
10. Conflict of Interest
All participants are subject to State and Federal conflict of interest laws. Failure to
comply with these laws, including business and financial disclosure provisions , will
result in the application being rejected and any subsequent contract being declared
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Exhibit B
13 of 18
County of Fresno
18-HEAP-00027
Page 6 of 9
Standard Agreement
EXHIBITC
void. Other legal action may also be taken. Applicable statutes include, but are not
limited to, Government Code section 1090 and Public Contract Code, sections 1041 O
and 10411 , for State conflict of interest requirements .
A. Current State Employees: No State officer or employee shall engage in any
employment, activity, or enterprise from which the officer or employee receives
compensation or has a financial interest, and which is sponsored or funded by any
State agency, unless the employment, activity, or enterprise is required as a
condition of regular State employment. No State officer or employee shall contract
on his or her own behalf as an independent contractor with any State agency to
provide goods or services.
8. Former State Employees: For the two-year period from the date he or she left State
employment, no former State officer or employee may enter into a contract in which
he or she engaged in any of the negotiations, transactions, planning,
arrangements, or any part of the decision-making process relevant to the contract
while employed in any capacity by any State agency. For the twelve-month period
from the date he or she left State employment, no former State officer or employee
may enter into a contract with any State agency if he or she was employed by that
State agency in a policy-making position in the same general subject area as the
proposed contract within the twelve-month period prior to his or her leaving State
service.
C . Employees of the Contractor: Employees of the Contractor shall comply with all
applicable provisions of law pertaining to conflicts of interest, including but not
limited to any applicable conflict of interest provisions of the California Political
Reform Act, Government Code section 87100 et seq.
11 . Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Contractor, and its
subcontractors, hereby certify, under penalty of perjury under the laws of State of
California, compliance with the requirements of the Drug-Free Workplace Act of 1990
(Government Code 8350 et seq.) and have or will provide a drug-free workplace by
taking the following actions:
A. Publish a statement notifying employees and subcontractors that unlawful
manufacture, distribution, dispensation , possession, or use of a controlled
substance is prohibited and specifying actions to be taken against employees,
contractors, or subcontractors for violations, as required by Government Code
section 8355(a)(1 ).
8 . Establish a Drug-Free Awareness Program, as required by Government Code
section 8355(a)(2) to inform employees, contractors, or subcontractors about all of
the following:
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Exhibit B
14 of 18
Standard Agreement
EXHIBITC
1. The dangers of drug abuse in the w orkplace;
2 . Contractor's policy of maintaining a drug -free workplace ;
County of Fresno
18-HEAP-00027
Page 7 of 9
3 . Any available counseling , rehabilitation, and employee assistance prog rams ;
and ,
4 . Penalties that may be imposed upon employees, contractors , and
subcontractors for drug abuse violations .
C. Provide , as required by Government Code section 8355(a)(3), that every employee
and/or subcontractor who w orks under this Agreement:
1. Will receive a copy of Contractor's drug-free policy statement, and
2 . Will agree to abide by te rms of Contractor's condition of employment or
subcontract.
12 . Child Support Compliance Act
For any Contract 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 providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
13. Special Conditions -Contractors/Subcontractor
The Contractor agrees to comply with all conditions of this Agreement including the
Special Conditions set forth in Exhibit D. These conditions shall be met to the
satisfaction of Agency prior to disbursement of funds. The Contractor shall ensure that
all Subcontractors are made aware of and agree to comply with all the conditions of
this Agreement and the applicable State requirements governing the use of HEAP
funds . Failure to comply with these conditions may result in termination of this
Agreement.
A The Agreement between the Contractor and any Subcontractor shall require the
Contractor and its Subcontractors, if any , to:
1. Perform the work in accordance with Federal , State and Local housing and
building codes , as applicable .
2 . Maintain at least the minimum State-required w orker's compensation for those
Homeless Emerge ncy Aid Program
NOFA Date: 09/05/2018
Exhibit B
15 of 18
Standard Agreement
EXHIBITC
employees who will perform the work or any part of it.
County of Fresno
18-HEAP-00027
Page 8 of 9
3. Maintain, as required by law, unemployment insurance, disability insurance,
and liability insurance in an amount that is reasonable to compensate any
person , firm or corporation who may be injured or damaged by the Contractor
or any Subcontractor in performing the Work or any part of it.
4. Agree to include all the terms of this Agreement in each subcontract.
14. Compliance with State and Federal Laws, Rules, Guidelines and Regulations
The Contractor agrees to comply with all State and Federal laws , rules and regulations
that pertain to construction, health and safety, labor, fair employment practices,
environmental protection, equal opportunity, fair housing, and all other matters
applicable and/or related to the HEAP program , the Contractor, its Subcontractors,
and all eligible activities.
Contractor shall also be responsible for obtaining any and all permits, licenses, and
approvals required for performing any activities under this Agreement, including those
necessary to perform design , construction, or operation and maintenance of the
activities. Contractor shall be responsible for observing and complying with any
applicable federal, state, and local laws, rules or regulations affecting any such work,
specifically those including, but not limited to, environmental protection, procurement,
and safety laws , rules, regulations, and ordinances. Contractor shall provide copies of
permits and approvals to Agency upon request.
15. Inspections
A. Contractor shall inspect any work performed hereunder to ensure that the work is
being and has been performed in accordance with the applicable Federal, State
and/or local requirements, and this Agreement.
B. Agency reserves the right to inspect any work performed hereunder to ensure that
the work is being and has been performed in accordance with the applicable
Federal , State and/or local requirements, and this Agreement.
C. Contractor agrees to require that all work that is determined based on such
inspections not to conform to the applicable requirements be corrected and to
withhold payments to the subrecipient or Subcontractor until it is corrected.
16. Litigation
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a
court of competent jurisdiction , such invalidity, at the sole discretion of Agency,
shall not affect any other provisions of this Agreement and the remainder of this
Agreement shall remain in full force and effect. Therefore, the provisions of this
Agreement are and shall be deemed severable.
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Exhibit B
16 of 18
Standard Agreement
EXHIBIT C
County of Fresno
18-HEAP-00027
Page 9 of 9
B. The Contractor shall notify Agency immediately of any cla i m or action undertaken
by or against it, which affects or may affect this Agreement or Agency, and shall
take such action with respect to the claim or action as is consistent with the terms
of this Agreement and the interests of Agency.
Homeless Emergency Aid Program
NOFA Date : 09/05/2018
Exhibit B
17 of 18
Standard Agreement
Exhibit D
County of Fresno
18-HEAP-00027
Page 1 of 1
SPECIAL TERMS AND CONDITIONS
Homeless Emergency Aid Program (HEAP)
1. All proceeds from any interest-bearing account established by the Contractor for
the deposit of HEAP funds, along with any interest-bearing accounts opened by
Subrecipients to the Contractor for the deposit of HEAP funds, must be used for
HEAP-eligible activities. Consistent with Health and Safety Code Section 50214
(b), no more than five (5) percent of these proceeds may be used for general
administrative purposes. At least five (5) percent of these proceeds must be
allocated to establishing or expanding services for homeless youth, as defined in
HEAP Program documents.
2. Any housing-related activities funded with HEAP funds, including but not limited
to, emergency shelter, rapid-rehousing, rental assistance, transitional housing and
permanent supportive housing must be in compliance or otherwise aligned with
the Core Components of Housing First, pursuant to Welfare and Institution Code
Section 8255(b).
3. The Contractor agrees to provide the Business, Consumer Services and Housing
Agency access to Homeless Management Information System ("HMIS") data
collected and entered into the Contractor's HMIS, upon request, and to participate
in any statewide data initiative as directed by BCSH including but not limited to, a
statewide data integration environment.
4. Pursuant to the information provided in the Contractor's application, the following
jurisdictions have declared and have in effect a shelter crisis in accordance with
Government Code Section 8698.2 at the time of this award, and are eligible to
rece ive HEAP funds t hrouc h the Contractor:
Citv of Coalinoa Citv of Madera Madera County
City of Fresno City of Parlier Fresno County
City of Huron City of Sanger
The following jurisdictions have not declared a shelter crisis at ·the time of this
t d' I . HEAP f d th h th C t ct award and are not eligible o 1rect1v receive un s roug e on ra
City of Clovis
City of Chowchilla
City of Firebaugh
City of Fowler
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
City of Kerman City of Reedley
City of Kingsburg City of San Joaquin
City of Orange Cove City of Selma
Contractor's Initials
or:
Exhibit B
18 of 18
Exhibit C
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as “County”),
members of a contractor’s board of directors (hereinafter referred to as “County Contractor”), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest”
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1)Enter board member’s name, job title (if applicable), and date this disclosure is being made.
(2)Enter the board member’s company/agency name and address.
(3)Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a.The name of the agency/company with which the corporation has the transaction; and
b.The nature of the material financial interest in the Corporation’s transaction that the
board member has.
(4)Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5)Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
Exhibit C
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3)Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a):
(5) Authorized Signature
Signature: Date: