HomeMy WebLinkAbout32747FRESNO REGIONAL WORKFORCE DEVELOPMENT
BOARD
SERVICES CONTRAC'f
with
County of Fresno Public Defender
Attn: Clteri Jlau, Business Manager
2220 T"lare St., Ste 300
Fresuo, CA 9 3 721
(559)600-1570
County of Fresno Original
Agreement No. 18-012
Special Services Agreement This Special Services Agreement ("Agreement") is entered Into this ~~day of January, 2018, by and between the County of Fresno, a polltlcal .subdivision of the State of Callfornla, on behalf of the Fresno County Public Defender ("Service Provldor") and the Fresno Regional Workforce Development Board (''FRWDB''). Administrative Information Aareement No. I MOO# I N/A I Effective From I Jan 9, 2018 to Dec 31, 2018 Title/Proorarn Clean Slate j:lrograrn I CFDA#: I 17.258/17.278 Contact Person Cheri Ya.u I Telephone I !5592 600-1543 I Fax I l559\ soo~ 1570 I 2220 Tulare Street Suite 300, J:resno CA Address J Zip I 93721 Email I cvauimco,fresno."!l us Funding Allocation Program Total Program $45,529.91 $45,529.91 Total {Maximum Fundlna Level) $45,529.91 $45,529.91 Total Partlcfpants Served 100 100 Averag~ Cost per Participant $455,30 $455.30 Therefore, in consideration of the above Administrative Information and Funding Allocation, which ere incorporated Into this Agreement by reference, the Parties agree as follows: 1. exhibits The following exhibits attached as indicated, Incorporated by reference, and are S\,lbjeot to all ofthe terms and conditions of this Agreement: (1) Exhibit A -Work Statemem (2) Exhibit B -61.1dget Indirect Cost Rate Approval Letter (3) Exhibit c -WIOA Assurances and Certifications Standard of Conduct ( 4) E><hlblt O -Patt 200 Appendix 11 Insurance Requirements Insurance Certificates (5) Exhibit E -Signatory Authorii~tion Agreement No. 18-0129th
2. Term The term of this Agreement (the "Terrn") t11~y not exceed the period stated or1 page 1 unless modified or extended lh wrlth,g by FRWOe and Service Provider. 3. Services AU services provided hereunder shall be performed by the Fresno County Public Defender. service Provider must timely perform ·the servicea described in the Work stalement (Exhibit A) (the "Services"), in accordance with this Agreement. Service Provider, Its employees and assigns, agree to avoid unnecessary and duplicative efforts In performing the Services. 4. Compensation 4.1 FRWDB will compensate Service Provld~r for the Services at a rate and method of compensation that complies with the Budget and Cos! Projection sheet (Exhibit 13),. FRWbB is not obli9ated to compensate Service Provid'er for any sarvices not deseflbed 11'1 this Agreement without the prior written conseht of FRWDB. Furthermore, FRWDB is not obligated to oompensate Service Provide( for any work, services, or functions relating to Service Provider's efforts ~o obtain FRWOB's business or for negotiating with FRWD6 to enter Into this Agreement. 4.2 FRWOB wlll compensate Service Provider for ahy Services provided only after submission of an itemized Invoice by Service Provider 10 FRWDfl's Director. Ser..tlce Provider must provide FRWDB with all docurnenta~ion, explanatlonsl or justifications requested by PRWDB concerning the adequacy or accuracy of Its invoices for the performance of the Services to FRWDB's reasonable satisfaction, 4.3 FRWDB agrees to pay and Service Provider agrees to accept as full compensation for performance of tasks under this Agreement a sum not to exceed $45,529.91 as more fully de$cribed in Exhibits A and B. · 4.4 Any costs not contained in the Budget and Cost l'rojection Shaet (Exhibit 13) associated with the performance of these services shall be bo~ne by the Service Provider irrespective of whether or not such tasks were performed to the bf;lnefit Of FRWDB or expenses lhcurred by the Service Proyider or its employees, agents, or assigns. 4.6 In ho event shall the maximum compensation lnclLrdlng, but not limited to, fees, reimbursement, costs, and expenses, paid to the Service Provider under this agreement exceed $45,529.91 without the prior written consent of FRWDB. 4.6 Service Provider must make any requests for an advance payment in writlng1 with a contlrmation of FRWDB's receipt. This request must describe Service Provider's Immediate need for th~ advance. If approved, FRWDB will provide the advl:lliced payment to Service f:>rovider within 1 O business days from the date of approval. FRWDB will deduct the advanced pciyrnent from Service Provider's next Invoice payment. Service Provider must not commingle any advanced payment with any otherfun~s and rnust deposit the advance payment in a separate bank acco1,mt. Within 3 business days -of FRWD9's req1.1est, Service Provider must provide documentation that ii spent the advance payment in providin9 services under this Agreement 5. Record Keeping Service Provider must submit all Invoices no later than the 5th day of the month fclllowlng the month FRWDB Maater, speel~I SllMOI!$ Ag,eomeril
Services were completed. All invoices must have sufficient detail as may be required by FRWDB in its sole discretion, including, but not limited to, (i) the specific nature of each task performed as services under this Agreement and (II) the number of hours worked by each person for each task. Service Provider must prepare all Invoices In an organized manner that facilitates an efficient and thorough review of the Services it performs under this Agreement. Service Provider must give FRWDB, or its duly authorized representatives, reasonable access to any and all non-confldentlal, non-privileged records in Service F>rovlder's possession. Service Provider is subject to the examination and audit of all non-confidential, non-privileged records directly or indirectly related to Service Provider's provision of Services under this Agreement for a period of up to 5 years aRer the final payment under this Agreement. FRWDB reserves the right to invoice Service Provider for all expenses, Including but not limited to, staff time, consulting fees, and copying costs, directly or indirectly attributable to FRWDB's, or Its agents, examination of records related to Service Provider's performance of the Services. 6. Administration FRWDB may de1legate certain responsibilities to the Fresno Area Workforce Investment Corporation ("FAWIC") from time to time, as FRWDB considers appropriate in its sole discretion. Service Provider acknowledges that FAWIC may oversee certain aspects of this Agreement. Service F'rovlder must comply with all requests by FAWIC, Including, but not limited to, any requests to communicate or provide non,confldential records to FRWDB. Service Provider must treat all requests made by FAWIC as if made by FRWDB and acknowledges that FRWDB may vest in FAWIC any of its authority under this agreement. 7. Non-Discrimination Clause During the performance of this Agreement, both Parties must comply with applicable federal and state laws and regulations. Accordingly, neither Party may, because of ethnic group Identification, age, sex, color, disability, medical condition, national origin, race, ancestry, marital status, sexual orientation, religion, religious creed, or political belief exclude from participation, deny benefits to, or discriminate against any person benefiting from this Agreement. 8. Defense, Indemnity, and Hold Harmless 8.1. Service Provider. SeNlce Provider shall defend, indemnify, and hold harmless Fresno Regional Workforce Development Board "FRWDB", the City and County of Fresno, and their directors, officers, boards, commissions, employees, volunteers, agents, and Independent Service Providers, from and against all losses, costs, expenses, demands, damages, penallles, liabilities, Interests, recoveries, claims, and judgments, including, without limitation, attorneys' fees and costs, to defend against any claims, demands, causes of action, suits, charges, or legal or administrative proceedings, caused by, arising out of, or In any way connected with any act or omission of Service Provider or Service Provider's directors, officers, employees, agents, assigns or volunteers, directly or Indirectly related to the performance of the Services under this Agreement. Service Provider must reimburse FRWDB any funds expended due to such acts or omissions from non-federal funds. Any approval tor payment, actual payment, or advance made to Se Nice Provider will not constitute a waiver of FRWDB's claims, defenses, or indemnification rights provided under this Agreement. 8.2 FRWDB shall defend, indemnify, and hold harmless Service Provider, and its directors, officers, boards, commissions, employees, volunteers, assigns and agents, from and against all losses, costs, expenses, demands, damages, penalties, llabllltles, Interests, recoveries, claims, and judgments, including, without limitation, attorneys' fees and costs, to defend against any claims, demands, causes of action, suits, charges, or legal or administrative proceedings, caused by, arising out of, or In any way connected with any act or omission of FRWDB or FRWDB's directors, officers, employees, agents, Independent Service Providers, or volunteers, directly or indirectly related to or arising under this Agreement. FRWOB Master Special services Agreement R•;!Hd Mey 24, 20iG3
9. Insurance Service Provider must comply with all insurance requirements described in Exhibit D, as emended, or as otherwise provided In this agreement. 10. Limitation of Liability As required under that certain Joint Exercise of Powers Agreement dated May 19, 2009, the City of Fresno shall not be liable to Service Provider or Its employees, agents, or other third parties under this Agreement. 11. Independent Service Provider 11.1. Status. Service Provider is an independent Service Provider. No person employed by Service Provider to furnish the Services is an employee of FRWDB. In performing the Services, Service Provider, including any of Service Provider's officers, agents or employees, will at ell times be acting and performing as an Independent Service Provider, and will act in their independent capacity and not as an officer, agent, employee, joint venturer, partner, or associate of FRWDB. FRWDB has no right to control or supervise or direct the manner or method by which Service Provider performs its obligations under this Agreement. However, FRWDB may administer this Agreement so as to verify that Service Provider is providing the Services and performing its obligations in accordance with this Agreement. 11.2 Employer Duties. Service Provider has the sole obligation to provide Its employees with all legally required notices and postings, as well as all employee wages and benefits, and will make all Social Security and other withholdings required by applicable federal or state laws and regulations. 11.3 Compliance. Service Provider must ensure that all of its staff, agents and assigns, abide by and strictly comply with FRWDB policies, procedures, and directives, including, but not limited to, FRWDB's zero tolerance policy on harassment as described in FRWDB's personnel manual. 12. Termination 12.1 By FRWDB. FRWDB may immediately suspend or terminate this Agreement when FRWDB, In Its sole discretcon, determines that: (1) Service Provider illegally used e1ny funds provided under this Agreement; (2) Service Provider failed to comply with any provision of this Agreement; (3) Service Provider submitted a substantially incorrect or incomplete report; (4) Service Provider improperly performed any of the Services: or (5) The Federal Government or the State of California suspended or terminated, in full or In part, a grant under which FRWDB receives money to compensate Service Provider for the Services; (6) FRWDB may terminate this Agreement for convenience, in full or in part, upon 30 days written notice to Service Provider. FRWDB Master Special Services Agreement Re>11ed May 28, 201e4
12.2 By Service Provider. Service Provider may suspend or terminate this Agreement when circumstances beyond Service Provider's control have made compliance with this Agreement impossible or impracticable. In such an event, Service Provider must give FRWDB 30 days written notice, complete with an explanation, acceptable to FRWDB In Its sole discretion, of these circumstances. This notice will serve as a request to terminate the Agreement. Wlthin 5 business days of receiving this written notice, FRWDB will provide written notice to Service Provider either approving or denying Service Provider's request and the terms and conditions of its approval or denial. If FRWDB fails to provide this written notice to Service Provider within 5 business days, Service Provider must treat its request as denied by FRWDB and continue to perform the Services In accordance with this Agreement. 12.3 Payment A. FRWDB may demand In writing that Service Provider repay any funds disbursed to Service Provider under this Agreement If FRWDB determines, in its sole discretion, that Service Provider did not expend these funds In accordance with the terms of this Agreement. On receiving FRWDB's demand, Service Provider must promptly refund these funds, or at FRWDB's option, FRWDB may deduct any repayment from future payments by FRWDB owing to Service Provider under this Agreement or any other agreement, as may be applicable and otherwise due. B. In no event will any payment to Service Provider constitute a waiver of any breach of this Agreement or any default that may then exist on the part of Service Provider. Neither will any payment impair or prejudice any remedy available to FRWDB with respect to the breach or default. 13. Copyrights, Patents, Rights In Data In accordance with 2 CFR Part 200 Subpart A -§ 200.59 and Subpart E • § 200.448, and Appendix II to Part 200, FRWDB, as a federal funds awarding agency, reserves a royalty-free, nonexclusive, Irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes, the copyright, patent, or rights In data In any work developed or purchased with funds under this Agreement. 14. Additional Laws and Regulations Service Provider must comply with all applicable laws and regulations listed In Part 200 Appendix II -Contract Provisions. Service Provider must read Exhibit D to determine which of these laws and regulations apply to Service Provider in the context of this Agreement. 15. Notices All notices under this Agreement must be in writing and may be delivered in person (by hand or by courier) or may be sent by regular, certified, or registered mail, or U.S. Postal Service Express Mail, with postage prepaid, by facsimile transmission, or by electronic transmission (email) and will be deemed sufficiently given if served in a manner specified in this section. The addresses and addressees noted below are that Party's designated address and addressee for delivery or mailing of notices. Either Party may, by written notice to the other, specify a different address for notice. Any notice sent by registered or certified mail, return receipt requested, will be deemed given on the date of delivery shown on the receipt card, or if no delivery date Is shown, 3 days after the postmark date. If sent by regular mall, the notice will be deemed given 48 hours after It Is addressed as required in this section and malled with postage prepaid. Notices delivered by United States Express Mall or overnight courier that guarantee next day delivery will be deemed given 24 hours after delivery to the Postal Service or courier. Notices transmitted by facsimile transmission or similar means (including emai0 will be deemed delivered upon telephone or similar FRWOB Master Special Services Agreement Re\.4,od Moy 28, 201a5
confirmation of delivery (confirmation report from fax machine is sufficient), provided a copy Is arso delivered via personal delivery of mall. If notice Is received after 4:00 p.m. or on a Saturday, Sunday, or iegal holiday, it wiil be deemed recelvBd on the next bu&iness day. County of Fresno Public Defender 2220 Tulare St, Ste 300 Fresno, California 93721 Attention: Cheri Yau, Business Manager Facsjmile'. (559) 600·1570 Email: c au o.f .esno ca.us 16. General Fresno Regional Workfare~ Development 13oar<:l 2125 Kern Street, Suite 208 Fresno, California 93721 Attention: Blake Koncz.al, Executive Director Facsimile: (559) 490-7199 Email: k . :l'A) C 16.1 Assignment and Subcontracting. Neither Party may assign, transfer, or subcontract this Agreement nor its rights or duties hereunder without the prior written consent of the other Party. 16.2 Agreement 81ndlng on Successors. This Agreement shalt be binding upon FRWOB ii!nd Servlc~ Provider /ilnd their successors, ex~cutors1 administrators, legal representatives, and as:;;igns with respect to all the covenants and conditions set forth herein. 16.3 Entire Agreement, This Agreement, including all attachments, exhibits, regulations and policies incorporated or referenced Within; constitutes the entire agreement between the Parties regarding the subject' matter within arid supersedes all prior and contemporaneous agreements; representations, or understandings of any nature whatsoever unless expressly lnciuded In this Agreement. 16.4 No.Authority to Bind FRWDB. Service Provider, ln Its performance of the services or any other duties under this Agreement t1as no authority to bind FRWDB to any agreements or undertakfngs. 16.S Non•Excluslve. This Agreement Is not an exclusive agreement and FRWDB, .at its sole discretion, has the right to negotiate with and enter into contracts with others providing the same or similar service~ to lhQse provided by Service Provider. 16.6 Modifications. FRWOE! rnay, from time to time, initiate a change to the scope of the Services. Any such changes sre subject to Service F>rovlder's approval, which shall not be unreasonably withheld. 16.7 Waiver. No covenant or condition of this Agreement may be waived except by FRWDB's written consent. · 16.8 Governing Law and Venue. This Agreement will be governed by and constrt1ed In accordance with the laws o( the State of California. Venue for any dispute or litigation arising under this Agreement will be In the County of Fresno, State of California, i( instituted in !he state courts, or the Eastern District of California (Fresno), if instituted in the federal courts. 16.9 Rcmodies. FRWDB may pursue any and all remedies avallable by law as needed to enforce Its rights under this Agreement. 16.10 Partial Invalidity. If any provision of this Agreement; or any portion of a provision, is held by a court of competent Jurisdiction to be Invalid, void, or unenforceable, the remaining provisions of this Agreement, including, without limitation, the portions of t;lr1y provision not held to be fnvalld, void, or unenforceable, will nevertheless continue to be in full force and effeet without being Impaired or Invalidated In any way. FRWOB Masti,r Spccfol Sarvicos AgroQmcnl
16.11 Headings and Construction. The subject headings of the sections and paragraphs of this Agreement are Included for purposes of convenience only and do not affect the construction or interpretation of any of Its provisions. All words used in this Agreement include the plural as well as the singular number, and vice versa; words used in this Agreement in the present tense include the future as well as the present; and words used in this Agreement In the masculine gender include the feminine and neuter genders, whenever the context so requires. No provision of this Agreement will be Interpreted for or against a Party because that Party or Its legal representative drafted the provision, and this Agreement will be construed as If jointly prepared by the Parties. 16.12 Time. Time Is of the essence in this Agreement. 16.13 Non-Collusion Covenant. Service Provider represents and warrants that it has In no way entered into any contingent fee arrangement with any firm or person In an effort to obtain this Agreement with FRWDB. Service Provider has not received from FRWDB any Incentive, special payments, or considerations not related to payment or reimbursement for the provision of the Services. 16.14 Lobbying Activity. Service Provider may not use any funds provided under this Agreement for the support, defeat, or influence of legislation or appropriations pending before the Congress. 16.15 Costs and Expenses. Each Party will pay all costs and expenses incurred, or to be incurred, by it in negotiating and preparing this Agreement and Its exhibits, and in closing and carrying out the transactions contemplated by this Agreement, including, without limitation, its attorneys', paralegals', and other professionals' fees and costs. 16.16 Signature Authority. Service Provider represents and warrants that it has capacity, full power, and authority to enter into and perform this Agreement, and that the person signing this Agreement on behalf of Service Provider has been properly authorized and empowered to enter into this Agreement. 16.17 Counterpart&. The Parties may execute this Agreement simultaneously or in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same Agreement. 16.18 Attorneys' Fees. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevalllng Party Is entitled to reasonable attorneys', paralegals', and other professionals' fees and costs in addition to any other reasonable relief to which It may be entitled. FRWDB Master Special Service& Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first hereinabove written.
"FRWDB"
FRESNO REGIONAL
DEVELOPMENT BOA
(Authorized Sign
RLAK€ ~NC~M-, e'l,tsc. i):a.
Print Name & Title '
2.l 2.S-l',.er\'\ S\-r.e~+. 5::\-e. 20 R
Fy-e s no . Ch cr3 7 "l-l
Mailing Address
FOR ACCOUNTING USE ONLY:
ORG No.:
Account No.:
Requisition No.:
968446v2 / 16988.0001
FRWDB Master Special Services Agreement Revised May 26, 20168
"Service Provider"
COUNTY OF FRESNO
ATTEST:
Bernice E. Seidel
airman of the Board of
e County of Fresno
Clerk to the Board of Supervisors
County of Fresno, State of California
r . By:~~,4t
eputy
Work Statemen,t \'
Col1'.NTY OF FRESNO MEMORANDlT.M To: Ka Xlol)g, Special Projects Program Coorc.Hnator From: C1iyshll B. Johnson. Defon:11:: AttOJ)ney n Ou(c: November 15, 20l 7 RH: Sttttcr:no11t of Work Clean Slate Pr,:,gram Overttll Gottl; Elizabeth Diaz Public Defender The Public Dcfemkr'~ Office (T~I)) will provldt.· :,1_ Cli.,w1 Slntti Progra,m in FJest'lo Courtl)1, The program's post.-eonviot.ion tcg:ll servi.cos are fQr low-inc(1me and indigent p~rsoas with misclelt1eanor ot felony convioliuns in Fresno County, Lil ~1dclitlon, the progtam would help connect pID1ici.pantiS to eithtr cmploy0111mt rmd trah,fl'lg sorvices or housing services based on aood. Proposnl: To provide ;post.,eonviction legal stwvices, lliltttcct Dl11llly law services fl~ it telate.s lo cbild suppo,•t a11cJ aa·~ars, and limited les~ sc1'Vioes as it relates to driver license suspensions to ·wo1•l(fo1ce clien1:,. Cticnts wonld bi-; t1den'ed from Woikforoe bas(:)d c>n whatever criteri.i the prognin deems appropriate in coitju.nctio11 with basic legal req\li(emonts. Service~ provided u11cl1:1r t.his conri·nct will only be. &ii Yen to WCOA/grm1t elisible p,wlicipm1ts mi sor<i1encd and 1'~forrcd by Workforce. Workfol'ce will perform initial $crcenin& 0f clients Lt, dete1·min0 appliaa.blt? relief. Clie,1t~ will b0 referred to the pr<iiram and given aa appoin~1nei1t to meet w.ith the Cluan Slate Attorney, lnllfal appofulments will occw al M office: pr1)vid~d by Workforce, Workforce will p.rovjde n list lo rht: Clean Slate Attorney at least two (2) week$ prior to e~ch nm,0int1t1ent dEu,. Once ~malysi~ lms been oowplC:!lotl Jiar the client, al) applioub.h: p!)titions wiU be d1'lllled imd filed on i·bc: client's behulf. In the OtiSe Where t1. clien1 111ust 1,rovide-so1,porting docuwentatloo, a separate opr111i11tmeut to 1,;0Jnj:>foto pclil.ions may be lilnde. Workforce. clir.mt.11 ~hollld be encouraged to 1,ring all suppoiting douumontatlo11 co the initial, appQj111111e1~t tt1 expedite tile proeess. F0How·u1l appob1bnents may occul' at the Workforce office or the ~n·~ oflic~. Applications or Petidons will be drafted based on a pro-per status-; meaning tht PD docs not J>rovide dJ rect in-eo1.n·r ~eprese.ntuHon. H1..1w~v~r; the PD will en~ure that all applic:ablc l'Clii!f is file~ and served timely. Cliems will receive assi&tance with; Extmngeme11ts (1203.4. 1203.4a, 1203.41, l203.4j, ~203.49 Petit-ion$), 1 7B Motions (1·eduotiort !'a f.11isdcm1eanor), Ptop 47 Appli·cations/Pctitions, Prop 64 ~o 't'ulnt,1 S~rcu~, -S1iil.cr SOO/ll'tuit1N, 011llforhh1 Dll'7kl 'Polephont! (G50J llOQ·l)ll46 I !t11x (li/19) GOtJ-1 ~?0 Hq~nl Op~ol1 ~illl1 l'tn,ploYor
Applications/.Petitions (reduction td mrsdcmeattor or dismi.i;snl). His prefen'.l.'!d Lha! the client oomc in with a rap shoel1 but not required. Pcrlo<I of Perfo1·wr1.nce: This proposal is tw,se,d. on a. one (1) yuar tenn und i:1Jl$timated to_serve 1-00 Q1ie11t!;. This prqf e.ct includes attorney Li111e for fll)proximately Teti (10) hours cach week. These 1,milR o/' ~etvice would tnclud~ in~pQrson coQsullatious for 1·efe:n-ed Workfol'(lt; -..:lients, prnp1rn1hon of any applicable 11pp1icntions/petition:;, and filing ~nd ~ervice of those documents, '.nus co11t1·ai.:t would include lhe defense f.1.ttorney, ofuce spf,\ce, supplies for UH: attomey and project, seiflWf.li'c, ut1l.lipnicnl. artd Lll1Y neccst";ary adminish'l'1tJve time, t A "nip ~~t'' i~ a dcfond1mt'll rooord uf artosl or 0011vi0tion history irl Culifomia. :.!220 'fi1Ju1·c StrOQt;, Suite ~130/FYca11r,, OnjJfol'.hj{l 8372l 'l'11\,iph411~ (\169) llOil•,G,11i I [lox (Mil-) r~OO• lln'l.l ~,,vql Op~o~ul111w Uro1iloy~r
1. UO3.4 t>etition: De.fe11dru11:J;; convi~tcd of a 111isderoe11t10J'1 ot felons santencecl lo probation arn:1/01' local oou11ty time may be elfgible to file for a11 e>.'l)uogem.eot Q~ftlndt1nt~ mtW fi lo tbi.s p_eliflon .Qllce. they J3.1,'e...PO JJmger on p.r.o.bruio11 oml hct~e ru, op(m/ectivcl Ou~es, R~licf cnn be mandtitory ot' di.soreCionary d~pending on tl1e oi rcu m~tu nccs, 2. 1:ZOJ.4n r0ulion~: Misdem~ants wl\O were denied i,robntio.a runy file for expunge,nent one year ti-om the date o:f sentencing. Relief' can be rnundaiory m discl'etjm1;H)' depond.ing ou tbc elrGt1rnstances. 3. 1203.41 Pc:&itiotJ!i: Octe.ndent$ cotwictud 1,.,f tt felony a11d Sl.lntc.nced to AB I 09 may be eligib)e to file for expungeme:at Defenclat1ls s<:nteaced to locl:ll pdson and Jn8.J:1d1.1tot·y supe1•visio.1i arc eligible foJ ex_p\.mgemerH 0111: year after their cdet'l::ie frurri Slrpe.rVi11io11. Defendants senteuccd to k1cal tWiscm only; are ellgible fo1• expungomenrilwo yea1·1; alle1 lheiJ· rc,Jeasc from custody. TWs N?liefis alway$ diso1•etiouary. 4. U03.43 J'~tltions: rll~fondanls who SHlisfoctorlly complctetl a Divorsion Program (also t·efer.red to os PC 1000) fa clJgibJc lo me: for oxpune,emclll tLnd ln essi.mce et'a:lt tllc drug convioii1m from ·rhe1r 1·cc0Jd. 5. 1203,49 Pctitfo11t1: Defendants 1rray petition the court 1o have their conviction for t-1olicitaUon or prosUlt1Lio1l lo be aet aside if 1.htey can einablish 'by cle.-r and convincing uvidcncc that the convictibn was the tesult as his/her ~1at\ls as a human ll'afficJdng victim. 6. 17B Motion: A rcclw::Uou to a mfadc1mlla.no1· is available to tl10$e dcfcµdants who were oonvic,tcd ot'::i folouy ~o'bblc:t offe11St.\" aod wett; placed on felony probation. A ''wobbler'' is 111.l. or:fense lb.at ooLtld bave been charged ss a felony or misdemeanor . .lf thc Defendant'.\i sefltence wos stuyed 01· suspended for a term they are ineligible fur 17B relief. 7-Prop 47 Applic~tion/Peti.1.iou: Defenda1't1' w.ith folo;ny conviotions for certain properly and dl'tlg crimes outlined under the :,itat.ut~ may apply for a reduction to misdemeanor. TheH oftonscs musl be vrllued at $950 01· lower. 8. Pro(> 64 App1ic.1tioo/P1.1litio1H Oofcnda.11ts wi'lh felotJy convictions lhnt arc ruar!Jua1w related may apply for a reduction 1,0 n .wisclewe1Wor. dismissal. 01· seuU:ug de:pending on the circuJI1Htru1ces of the case. i 1'hoij0 dp~ortiilio.N only appl,y to crimin11I ooiwiotioris obtained in Califomk11111d arc bri~l'sum1mrrit:-!I' Qfthc l'eft.:vanl hnv. Addi(iOn!ll requirements mny nffect eligibility. t 1'olophono (-ll09~ UOQ 3~•161 tfpx (Gi>!l) flllO· 1070 @fl~ ~2.2() 'l'Ulntl! SLr,M; 81111.~ 800/FtuaflO, CtllJlb~lUJl$li78l ~ l14nil Qppr\rl1.ltuty 6!1J1~1oN4~
Budget Indirect Cost Rate Approval Letter
Budget Summary Applicant: County of Fresno Grant: Adult/OW BUDGE! EXPENSE ITEM LINE ti BUDGET LJ:VERAGE TOTAL l Staff Salaries $ 35,137.93 $35,137.93 Number of full-time equivalents .2S 2 Staff Travel $278.20 $278.20 3 Communications 4 Faclllti@s Rent 5 Facilities Utllltles 6 Facilities Maintenance 7 Office Supplies $1,868.74 $1,868.74 8 Tes~lng/lnstr~ctional Matorlals 9 Equipment Purchases si,000.00 $21000.00 10 Equipment Leases/Use-Chanrn :1,1 Tools.and Suoolies $708.00 $708,00 12 Supportlv@ Sl!lrvice.s 13 Indirect Costs $5,232.04 $5,232.04 14 "Other." Costi: $305.00 $305,00 15 Costs of Sub.Grants TOTAL $45,529.91 $0.00 $4StS29,91
Budget Detail Applicant: County of Fresno Grant: Adult/DW BUDGET LINE# EXPENSE ITEM NARRATIVE DETAIL 1 Staff Salaries: List Job titl0s of staff Salaries charged to Fringe Benefits FTEs worklnll on orolect uroiect char11ed to oroiect Defense Attorney $20,577 $14.561 25% TOtillS $ 20,577.38 $ 14,560.55 25% 2 Staff Travel lO miles/weel<"rederal rilte "'10"' 52 "'0.535 =$278.20 3 Communications 4 Facilities Rent 5 Facilities Utilities 6 Facilities Maintenance i Office Supplies Stationary, postage, etc. $1$5.7.3/month x 12 months"' $1868.74 8 TestlnR/lnstr.uctional Materials 9 Equipment Purchases Laptop with accessories used to draft declaratlons and prepare atl appllcable applications and petitions. Additionally, the laptop will be usecj run ail background checks, review electronic criminal records, and docket histories for child support cases. Lastly, the laptop will be utlllzed to conduct anv leizal research 11eedE)d . ., $2.000 10 Eq1Jlpment Leasesiuse.charge 1:1. Tools at,d Supplies Lnwyaw leg-al drafting software ($59/inonth x 12. $708) 12 Supportive Services 13 indirect Costs --Provide rate, 14.8$1% (Jiee ~tt~ched document for calculation) direct cost(s) i!nd calculation 14 "Other'' Costs "'Use table below for Line Item 14. 15 co.sts of SUb·Grants, llst cost of "'Use table below for Line Item 15 each sub-grant Line 14: "Other" Costs Total Tralnln~ Stlpend to attend seminars, stay up•to,dato on $175.00 current laws, and gain MCLE credits toward State Bar license Root and Rebo1,md Reentry Roadmap ($45), Family and $130.00 Children Toolkit ($10), Thomson West CA Penal Code ($7S) Totals $305.00 Line 15: SYb-Gnmts Total Totals $0.00
------~----~C---9u_n'l,,&JtyJl.f..Er..~$no Oscijr· J. Garcia, CPA ·Audi ror-Co11trollcr/Trcmmrer-T11x-Col-lectot-----DA TE: September 28, 2017 SUBJECT: :Public Defender's Indirccl Cost Rate Proposal for Fiscal Year 2015-2016 Per your request, we huvc reviewed and c1pprov1::d the lndircc~ Cost Ra1e Proposal (ICRP) for the ?wblic Dcfcncier':; Office for the fiscal year 2015-20 J 6. The Public Defender's ln(.!irect Cost Rate of 14.89% was calculated by dividing the Total Allowable Indirect Costs by the 'l'ota.1 Allowable Direct Costs for Salaries & Benefits. Based on our review, the nttiiched ICRP was prcpar<:d and calculated using the '20I5-201 G a(m1al costs aod budget information fo.r Departm<ml 2880. Thu allooallon of aJlowable indirect costs was accomplished by classifyln$ the total cost, based on actual cost incurred, as direct or fodircct cost. The ICRP can be llsOd for any program, provided that your fu1lding cmtitius have not limited your ir1direct cost recovery 10 s_pcc.ific percentage~. Therefore, we recommend thnl each arant coniract be reviewed for indirnc( cost guidelines. If you have any questions regarding this matte!', p_loasc contact Devonne! Austin of the General Accounting Division nt 600-1364. 00:dn Bnelosul'e P.O. Box 1247 Fresno, California 83711H247 / (659) 600-3486 / F-e)I (659) 600-1444 Eq~nl £;mj)IOyrt1011t Of)p0rtunlly Emptoyo,
PoscrlpUgp of Coult ___ salorlos & Elonollts: SalsM,MlaAU$ overllme/Como. Tlmo Bononta Total Salprio, & Bononlu sorvlcos & Suppllos.: Clolhinp & Petsonol S11Jlpllcs Cornrnunlcalions Food/Household Expenses Llobllllv/Olhor ln5uronco Modlcol. Ocn101 & i.0 b Sumilloi Millntononco Memberships Otnce Exoanse Postage Pror, & S110c, Service~ Peoplcaofr Charnoe Dale Proceaalnii End Uaor Software PrlnllnA Publlcsllons & ~opal Nollcc= Facility OPOliiliOn!I & Main! Small Toole Sooc, Cool. Expcnao Commfs~lor'\s/Advlsorv Boord~ Eduoatlon TrnnapOrlallon/TraveVMlleaA!! Utllltlos Security Scrvlcoa Toto! Sorvlcos & 8'.lppllo& Othor Expondlt11roll Copltol l!xpondlturo;, (Flxod A!i~O!~) Totol 81Jd9otory l!xpondltllroo coat Pion costs: EQuipment use Allowance Bulldinll uao Allowance A Building uso Allowoncc 8 Dulldln,:i Cont~ Countv Admlnlstrnrive Office Perks 8ldJ1 & Grounds MolntJSccurltv Audllor-Con1ro11ermeos, (RRDl PurthoslnQ County Counsel f"ornonnol Cepilal Protects Arcnlvos/Storono Roll F'orwurd/AdJ11,tmonl, Toto! Coat Plan Co:elll Toto! Allowoblo ln!llroct Coelll (AIC) 01st. of AIC Boaod on Solory/Wogoa TotnlG lr1dlrOtt Co~t RillO (AICIAOC Sal. & Bon,'. INDIRSCT COST RATe PROPOSAL Public Dofondor. Dopt 2880 f'ISCAL YEAR 2015•201G (1) To1elCMt$ (Based on Actual Co1t1 102urcedl (2) (3) Total Coat Components Tomi Uno!lowablo Toto! Allowabio Excluosble lndlruct costs cos tr. (4) (&) fotai A!lowablo RemalnlflJl Costa Direct Should bo cr,n1v<ADCI ~oro <Ql +11 • (21 • (31 > (1) • (2) • (31.(4) 7,049,201 654 5112 515 $773,798 $6,875,463 so -3,022 166,361 0,013 24,674 62,022 2,733 261,991 31,083 437,925 93,311 16,014 29.306 141,200 166,332 110,809 116,313 3Z,tB2 1,7&2,630 1,726 98,471 36,046 2,901 32,411 0 6.662 33.Ull (110) 37.351 249,438 0 s1s1os41G9e 14.09% 0 0 0 0 $0 8G4· $0 547.529 4,804,900 $0 1,321,327 11,741.303 + (1 J • (2) • (3) (Oufo Is manually ontorod.J 30G 0 17,030 0 eeu 2,!l1G 8,287 276 26.G01 3.20, 44,:!\)7 9,439 1.620 2,070 14,291 19,050 0 0 0 11,209 11,765 3§?a 177,284 1,1!l81G11 1,726 98,477 0 0 38,046 2,901 0 32,<111 0 6,662 33.911 0 (40) 37,351 240,436 1,748,047 (1,1:18.0'11) so 0 2,717 0 1111,331 0 6,124 22.3~8 73.7211 2,466 235.490 28.478 393,027 83,872 1d,39d 2G.30~ 126.990 169,202 0 0 0 99,000 104,547 33tP60 1,575,346 + (1) • 121 • /3) 0 +/11-(21-(3) 13,316.040 0 ---1,L48,047 §18:964:996 0 0 0 0 0 0 0 I) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 iO Bonollts Reilo • Bonoflis/Salary&Wago!I 70.76%
j I I· I I I Qj:RTlfJCA TE OF INDIRECT COSTS This is to certify that I have reviewed the indirect cost proposal submitted herewith and lo the best ofmy knowledge and belief:______ ____ _ _ ___ __ _ _ ________ _ (I) All costs included in this proposal to establish billing or final indirect costs rates for fiscal yeat(s) ended 6/30/2017 are allowable in accordance with the requirements of the Federal award(s) to which they upply and 0MB Circular A-87, "Cost Principles for State, Local, and Indian Tribal Governments." Unallowablc costs have been adjusted for in allocation costs as indicated in the cost allocation plan. (2) All costs included in this proposal are properly allocabll.l to Federal awards on the basis of a beneficial or causal relationship between the expenses incurred and the agreements to which they are allocated ln accordance with applicable requirements. further, the some costs that have been treated as indirect cost have not been claimed as direct costs. Similar types of costs hove been accounted for consistently and the Federal Government will be notified of any accounting changes that would affect the predetermined rote. Subject lo the provision~ of the Program Fraud Civil Remedies Act of 1986, (31 USC 380 I el seq.), and the Department of Labor's implementing regulations (2.9 CFR Part 22.) the False Claims Act ( 18 USC 287 and 31 USC 3 729), and the False Statement Act ( 18 USC I 00 I) J declare to the best of my knowledge that the foregoing is true and correct. Governmental Unit: Sig~aturc: ii lie: AUOJTOR-CONTROLLERCTREASURER-T AX COl,LECTOR. Date of Execution: ¢07 / I
WIOA Ass,uranc.es and Certifications Standard of Conduct
Instructions for Certification -Workforce Innovation and Opportunities Act (WIOA) By signing this agreement, the recipient of federal assistance funds is providing tha certification as set out below. 1. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the recipient of federal assistance funds knowingly rendered an erroneous certification, in addition-to ottierremeales available to the feaeral government, the Department of Labor (DOL) may pursue available remedies including suspension and/or debarment. 2. The recipient of federal assistance funds shall provide immediate written notice to the Fresno Regional Workforce Development Board (FRWDB) if, at any time, the recipient of federal assistance funds learns that its certification was erroneous when submitted, or has become erroneous by reason of changed circumstances. 3. The terms "cov.ered transaction," "debarred," "suspended/ "Ineligible," "lower-tier covered transaction." "participant," "person,'' "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules Implementing Executive Order 12549. You may contact the FRWDB staff for assistance In obtaining a copy of those regulations. 4. The recipient of federal assistance funds agrees It shall not knowingly enter Into any lower-tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 5. The recipient of federal assistance funds further agrees it will include the clause titled "Certification Regardihg Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower~Tier Covered Transactions," without modification, in all lower-tier covered transactions, and In all solicitations for lower-tier covered transactions. 6. A participant in a covered transaction may rely upon a certification of a participant in a lower-tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but Is not required to, check the "List of Parties Excluded from Procurement or Non-Procurement Programs." 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records In order to render, in good faith, the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person In the ordinary course of business dealings. · 8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters Into a lower-tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from par1icipatlon In this transaction, in addition to other remedies available to the federal government, the DOL may pursue available remedies, including suspension and/or debarment.
ASSURANCES AND CERTIFICATIONS The provider of WIOA services provides the assurances and certifications set forth below: • General Assurances • Debarment and Suspension Certification • Certification Regarding Lobbying • Drug-free Workplace Certification • Certlflcation of Non:aelinque'iic"y .. • Nondiscrimination and Equal Opportunity Requirement of the Workforce Innovation and Opportunities Act (WIOA) • Confidential Information and Data • Signatory Authorizations, Debarment & Suspensions • Fraud And Abuse Incident Reporting A. GENERALASSURANCES The provider of WIOA services assures that it: 1. Has the legal authority to apply for federal assistance, and the institutional, managerial, and financial capability (including funds sufficient to pay the non-federal share of any project costs) to ensure proper planning, management, and completion of the project described in this Agreement. 2. Have adequate administrative controls, personnel standards, evaluation procedures, availability of in-service training and other policies as may be necessary to promote the effective use of WIOA funds, 3. Will not permit participants to be employed on the construction, operation, or maintenance of any facility used, or to be used, for sectarian Instruction or as a place for religious worship. (Public Law 105-220 Aug. 7, 1998, as amended) , . 4. Wifl not permit any participant to displace a currently employed worker (including partial displacement such as a reduction in the hours of non-overtime work, wages, or employment benefits). (Public Law 105-220 Aug, 7, 1998, as amended) 5. Will not impair existing agreements for services or collective bargaining agreements, unless the employer and the labor organization concur, in writing, with respect to any elements of the proposed activities that affect such agreement, or either such party fails ·to respond to written notification requesting Its concurrence within 30 days of receipt thereof. (Public Law 105-220 Aug. 7, 1998, as amended) 6, Will ensure that where a labor organization represents a substantial number of · employees, who are engaged in similar work or training in tl1e same area as that proposed, an opportunity shall be provided for such labor organization(s) to submit comments. (Public Law 105-220Aug. 7, 1998, as amended) 7. Wili work with the FRWDB to promote on-site, industry-specific training programs sL1pportive of industrial and economic development. (Public Law 105-220 Aug. 7, 1998, as amended) 8. Will not use WIOA funds to assist, promote, or deter union organizing. 9. Will not use WIOA funds for public service employment. 10. Will ~,ot use WIOA funds for contribution, on behalf of any participant, to retirement systems or plans. 11. Will establish controls to ensure that no WIOA funds will be used to assist in relocating establishments/employers, or parts thereof, from one area to another, unless the Secretary of Labor determines that such relocation will not result in an increase of unemployment in the area of original location, or In any other area. 12. WIii comply with the provisions of the Military Selective Service Act (50 USC App. 453, Section 3, as amended), which limits participation to persons who have presented proof of submitted registration or will register at time of enrollment.
13. Has not duplicated building/office rental/lease costs associated with this Agreement In any other agreement, contract, grant, lease, rental, gift. or budget under the stewardship of the provider of WIOA services. 14. WIii, if operating programs for youth, further assure th~ followlng: i:I, Training and work experience for elislble y,outh will be coordinated with s·chool-related programs1 Including the awF.1rd of academic credit, pursuant to the WIOA. b. The Federal Child Labor Standards or the California Child Labor Standards, whichever Is stricter, will be applied tb the employment of youth under 18 years of age. 15. Will eornply with the Intergovernmental F'ersonnel Act of 1970 (42 USC 4728-4763), -relating to prescribed standards for merit systems, for programs funded under one of the nineteen statutes or regulations specified In Appendix A of Office of Management ~r'ld Budget's (0MB) Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F). 16. Will comply with all fecteral statutes relating to nondiscrimination. These Include, but are not limited to: (a) Title VI of tho Civil Rights Act of 1964 (PL 88,352) which prohibits discrin1ination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 USC 1681-1683 and 1685~ 1686), which prohibits dlscrlmlt,ation on the basis of disabllltles; (c) the Age Discrimination .Act of 1975, as amended (42 USC 6101-6107), which prohibits. discrimination on the basis of age; (d) t11e Drug Abuse Offfce and Treatment Act of 1972 (PL 92.255), as arnet)ded. relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatn,ent and Rehabilitation Act of 1970 (PL 91.616), as amended, relating to hondlscr'imination on the basis of alcohol abuse or alcoholism; (f) 523 and 527 of the Public Health Service Act of 1912 (42 USC 290 dd.3 and 290 ee,3), as amended, relating to confldentlallty of alcohol and drug abuse patient records; (Q) Title VIII of the Civil Rights Act' of 1968 (42 USC 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of houslr'1g; (h) any other nondiscrfmination provisions In the specific statL.Jte(s) under which this feclerally .. fLJnded Agreement exists; and (i) the requirements of amy other nondiscrimination statute(s), which may apply to this Agreement. 17. Maintains Its Intake and/or operational headejuar{ers as accessible to the disabled, pursuant to Section 504 of the Rehabilifa1tion Act of 1973 and the Americans with Dlsabllltles Act of 1990; and comply With California Occupational Safety & Health Administration (Cal/OSHA) Workplac0 Safety requirements. 18. WIii corr1ply, or has already compiled, with the requirements of Titles 11 and 111 of the Uniform Relocation Assistance and Real Property Acciulsltlon Policies Act of 1970 (PL 91.646), which provides for fair a11d equitable treatment of persons displaced or whose property rs· ~cquired as a result of 'fedetal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes, regardless of federal partlcipatloti In purchases. 19. Will comply with the provisions of the Hatch Act (7 U SC 1501-·1508 and 7324-7328), which limit the political activities of employees whose principal employment activities ar~ funded In whole or in part with federal funds. 20. WiU comply, as applicable, with the provisions of tl1e Davis-Bacon Act (40 USC 276a thr0tJgh 276a.7), the Copeland Act (40 use 276c snd 18 use 874), and the Contract Work Mours and Safety Standards Act (40.327-333), regarding labor standards for federally-assisted construction subcontracts. Pursuant to the Davis~ Bacon Act, all laborers and mechanics employed by contractors or sub-contractors In any construction, alteration, or repair, including painting and decorating, of projects, buildings l!lnd .works that are federally assisted uhder the WIOA, shall be paid wages at rt1tes not less than those prevailing on similar constfuction in the locality, as determined by the Secretary.
21. Will comply, if applicable, with Flood Insurance Purchase Requirements of Section 102(A) of the Flood Disaster Protection Act of 1973 (PL 93.234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance If the total cost of insurable construction and acquisition Is $10,000 or more. 22. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (PL 91.190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 USC 1452 et seq.); (f) conformity to federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 USC 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 197 4, as amended (PL 93.523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (PL 93.205). 23. Will comply with the WIid and Scenic Rivers Act of 1968 (16 USC 1271 et seq.), related .to protecting components or potential components of the national wild and scenic rivers system. 24. Will assist the FRWDB in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 USC 470), EO 11593 (identification and protection of historic properties) and the Archaeological and Historic Preservation Act of 1974 (16 USC 469a.1 et seq.) 25. Will comply with PL 93-348 regarding the protection of human subjects involved in any research, development and related activities under this Agreement. 26. WIii comply with· the Laboratory Animal Welfare Act of 1966 (PL 89.554), as amended (7 USC 2131 et seq.), pertaining to the care, handling and treatment of warm-blooded animals held for any research, teaching, or other activities supported by this Agreement. 27. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 USC 4801 et seq.), which prohibits the use of lead-based paint In construction or rehabilitation of residential structures. 28. Will comply with the provisions of the Nontraditional Employment for Women Act (PL 102-235) and the regulations or standards adopted by the Job Training Partnership Division to Implement such provisions. The provider of WIOA services will work with FRWDB to promote the goals of (a) the training of and the training-related placement of women In nontraditional employment; and (b) a description of efforts to increase awareness of such training and placement opportunities. 29. Will cause to be performed the required financial and compliance audits, in acoordance with the Single Audit Act of 1984, and will submit such audit report(s) as required under the provider of WIOA services Agreement. 30. Will comply with all applicable provisions of the Brown Act contained in section 54950 et seq., of the California Government Code, as amended accordingly, and all statutory references therein. B. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, VOLUNTARY EXCLUSION AND OTHER !RESPONSIBILITY MATTERS 1. The provider of WIOA services certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared Ineligible or voluntarily excluded from covered transactions by any federal department or agency.
b. Have not, within a three-year period preceding this Agreement, been convicted or had a civil judgment rendered against them for commission of fraud, or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or agreement: violation of federal or state antitrust statutes; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property. c. Are not presently indicted, or otherwise criminally or civilly charged, by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 8.1. b. of this certification. d. Have not, within a three-year period preceding this Agreement, had one or more public transactions (federal, state, or local) terminated for cause or default. 2. Where the provider of WIOA services is unable to certify to any of the statements in paragrapl1s 1 (a-d) of this certification, the provider of WIOA services shall attach an explanation to this Agreement. 3. The provider of WIOA services agrees to sign and abide by the attached "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusions -Lower-Tier Covered Transactions." C. CERTIFICATION REGARDING LOBBY1ING -FOR AGREEMENTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The provider of WIOA services hereby certifies that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the provider of WIOA services, to any person for influencing or attempting to Influence an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any federal agreement, grant, loan, or cooperative. 2. If any other than federally-appropriated funds have been paid, or will be paid, to any person for Influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or !=)mployee of Congress, or an employee of a member of Congress, in connection with this federal Agreement, grant, loan or cooperative agreement, the provider of WIOA services shall complete and sign a Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The provider of WIOA services shall require that the language of this certification be Included in the award documents for all sub-awards at all tiers (Including sub-agreements, sub-grants and agreements under grants, loans and cooperative agreements,) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31, U.S. Code, and section 1352. Any person who fails to file the required certification shall be subject to civil penalty of not less than $10,000 and not more than $100,000 for each such failure. D. DRUG-FREE WORKPLACE The provider of WIOA services certifies that it will provide a drug-free workplace by implementing the provisions of 29 CFR 98.630.
E. CERTIFICATION OF NON-DELINQUENCY
The provider of WIOA services certifies that it is not delinquent on any federal debt.
F. NONDISCRIMINATION AND EQUAL OPPORTUNITY REQUIREMENTS OF WIOA
(29 CFR PART 34) and (Section 188(a)(2), State Planning Guidance Iv 8.4)
1. The provider of WIOA services assures that it will comply fully with the
nondiscrimination and equal opportunity provisions of the WIOA of 1982, as
amended, including the Nontraditional Employment for Women Act of 1991 (where
applicable); Title IV of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as
amended; and with all applicable requirements imposed by or pursuant to
regulations implementing those laws, including, but not limited to, 29 CFR Part 34.
The provider of WIOA services understands that the United States has the right to
seek judicial enforcement of this assurance.
2. The provider of WIOA services certifies that it has developed and will maintain a
"Method of Administration" pursuant to 29 CFR 34.33.
3. The provider of WIOA services certifies that during the two (2) years preceding this
Agreement, it has incurred no findings of noncompliance with laws or regulations
regarding civil rights or discrimination based on race, color, religion, sex, national
origin, age, disability, political affiliation or belief, citizenship, or participation in
WIOA.
G. CONFIDENTIAL INFORMATION AND DATA
The provider of WIOA services understands the necessity to protect all customer information
and will establish special precautions to protect it from unauthorized use, access, disclosure,
modification and destruction.
H. SIGNATORY AUTHORIZATIONS, DEBARMENT & SUSPENSIONS
The provider of WIOA services offers signatory authorization, and debarment & suspension
as attached.
I. FRAUD AND ABUSE INCIDENT REPORTING
The prnvider of WIOA services acknowledges their responsibility to be alert for incidents of
fraud and/or abuse and will comply with all local, state and federal regulations for reporting
such incidents, as outlined in FRWDB policy.
J. SUBMISSION OF DOCUMENTATION UPON AWARD
\
These assurances are made with the full knowledge and consent of the signing agency, and
in the event all required documentation is not submitted as required herein the Fresno Area
Workforce Investment Corporation (FAWIC), at its option, may recommend termination of
agreement to the FRWDB.
Name and Title of Authorized Representative (please printoct,.me):~-~~
Sal Quintero i
Name
ATTEST:
BERNICE E. SEIDEL
Clerk to the Board of Supervisors
Cou~of Fre~no~tate of California
R11( }\\i\L ( ~ n,,nrrh,
Chairman of the Board of Supervisors.
of the County of Fresno
Title
Date
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower-Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549,
"Debarment and Suspension," 29 CFR Part 98, Section 98.510, "Participants' Responsibilities."
The regulations were published as Part VII of the May 26, 1988, Federal Register (pages
19160-19211).
1. · The recipient of federal funds certifies the Assurances and Certifications have been read
and understood, and that neither it, nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this transaction by any federal department or agency.
2. Where the recipient of federal assistance funds is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation
to this Agreement.
Name and Title of Authorized Representative (please print 9.f tvoe L __ --------: - - -
------;--·----·----, Chairman of the Board of Supervisors.
Sal Quintero . / of the County of Fre_s_n_o_-'-'---
Name Title
Sign~~
ATTEST:
BERNICE E. SEIDEL
Clerk.to the Board of Supervisors
County of Fresno, State of California
B~~ Deputy
Date
Fresno Regional Workforce Development Board 2125 Kern Sir0ai, Suite 208 • Fresno; Ca 93'721 • 559.490, 7100 • Fax 559.490.7199 • WWw.Workforce-connectlon.corn Standard of Conduct The Service Pl'ovider hereby agl'ees fhat: lt shnll pursue every 1·oasonnble course ~)f aetioo in ()rdc11 to .1m1intain lbe integl'it:y oftJ1is expe11dillll'e nf pLlblic Funds and to avoid re.al OI' nppnl'ont fovoritis11t or qucstJoMblo or improper couducl. J:t shall podbrm its dutlcs set forth in this Agreement in an imp&1'tial rMnnct aMI fr(;)Q &om illegal personal, financinl 01· politico I soln. Th11' Service Provider, its executive staff, employees oncl i:ub-oontractors, in performing its duties pursuant to lhis Agreement, shall avoid giving the nppearn11oc:, that &U)) decision wns influenced by prajudice, bins or speol(II i11tereJ1t', With()ut Jifst obtai1liug prior PRWDB appl'oVal, it shall pl'ohibit family members irncl depeudonts of itS officers or employee$ from enrolling in a program to receive services to be lJl'OYided pursuant to lhis Agreement. 'fF111uily'' is defined ns individuals related by blood, court d<.1crce, or marriage and shall include wife, lnt~band, daughtur, son, mothet', fatheJ', slstor, btother, rnothcr-iu-law, foth1;:r-in-Jaw, daughter-iii-law, :ion-ln-law, sister-in-law, brother-in-law, grandmother, gro11dfalher, !iUnt, uncle, niece, ~ephew, stepparent, stepobikl or dependent. "bependout" is defined us an individual who, both currently nnd during the previ(ll1S 6 months, has received fifty (SO) pc1·ccnL ofbl$1her s11ppcwl from II family member. JI', ·its stuff, subconlrnctor or assignee will neither Cl'eaie nn economic couflicl of ifitercsJ nor solicit or ncce[)t iflOney or 11ny oihcr com1idcrntio11 from a third person fa exchange for the perfon~u111ce of 11n act reimbu1•sed i11 wJ,ole or part J)Ut'$UlfrH lo this Agreement. lt will use sup{'lies, matet'iuls, equipme,u or scrvicos purchased with Agreement funds solely lor purposes allowed tmder this Agreement lt will assure that any of its employees who were formerly employed by the FA WIC or F.RWDB in a position th11t 1;11itbl1,1d them to inflttence decisions about progrn.ms described in this Agreeme11t, wlll not partioipl'ltc i11 011y-p11rt or phll!lc of UlC activities con<lltcted pursurult to thls Agreement for a period of not less lhan one year followiiig the termint1tio11 of such employrneut .from tl1e r, A wrc or FR WPB, pmvided it being understood that in nny event, U1e Service Provider may employ, in auy capa,clly, said emplayces of' FA W!C wnose employmeril fs terminated du0 to reduction or loss of f'unciJng -to, or U1e orgnnizationttl re-struct\U'ing of, FA WIC. Frosno Roolonal Workforoo Oevolopment Board
Ap.pendix II Part 200. lnsura·nce Requirements Insurance Ce·rtificates
Part 200-Uniform Administrative Requirements Appendix II to Part 200-Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more thon the slmpllflod acquisition threshold currently set at $150,000, which is the Inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and f:or convenience by the non-Federal entity Including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract'' in 41 CFR Part 60-1.3 must Include the equal opportunity clause provided under 41 CFR 60-1.4(b), In accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 19611-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relatins to Equal Employment Opportunity," and implementing reeulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). Wh(rn required by Federal program legislation, all prime construction contracts In excess of $2,000 awarded by non-Federal entitles must Include a provision for compliance with the Davis-Bacon Act {LIO U.S.C. 3141-3144, and 3146-3148) as supplemented b\• Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified In a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must pine!:! a copy of the current prevailing wage determination issued by the Department of Labor In each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contrncts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on P,ubllc Building or Public Work Financed in Whole or In Part by Loans or Grants from the United States''). The Act provides that each contractor or subrecipient must be prohibited from Inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
(E) Contract Worl< Hours and Safety Standards Act (40 U.S.C. 3701-3708). Wh<:!r(! applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compllanct'.! with ~O U.S.C. 3702 and 3704, as supplemented b•t' Deportment of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute th(! wages of every mechanic and laborer on the basis of a standard work WQ@k of 40 hours. Worl< In excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to worl< in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "fun.ding agreement" under 37 CFR §401.2 (a) and the rcclpltrnt or subreciplent wlsh!ls to enter Into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of cxp!!rlmental, developmental, or research worl< under that "funding agri:!C!ment," the recipient or subrecipient must comply with the requir,ements of 37 CFR Part 401, "Rights to Inventions Mad!! by Nonprofit Organiwtions and Small Business Firms Under Government Grants, Contracts and Coopera~ive Agreements," and any Implementing regulations Issued by the awarding agency. (G) Clean Air Act (42 u.s.c. 7401-7671q,) and the Federal Water Pollution Control Act (33 U.S.C. 1251· 1387), as amondod-Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 u.s.c. 7401-7671q) and the Federal Water Pollution Control Act os amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Prot!!Ction Agency (EPA). (H) Debarment and Suspension· (1:xecutive Orders 12549 and 12689)-A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), In accordance with the 0MB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared inellglblQ undN statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for lnflu!!nclng or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress In connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) Procurement of recovered materials -A non-Federal entity that Is a state agency or agency of a political subdivi$iOn of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the hishest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of .the Item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified In the EPA guidelines. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014)
Fresno Regional Workforce Development Board 2125 Kern Street, S4ite 208 • Fresno, Ca.93n1 • ~50.490.7100 • Fax 569.490,7199 • www.workfprce,connectlon.com Insurance Requirements A Tho Sorv1ce Provider, !It its sole CO$! and cxpeuse, shan 111ab1tnii1 in iull force and effect the follow Ing h1surr01ce covo1·age as r0q11ired u11de1• lhe Agroomc:nlnt all times (luring lhe term oflhis Agreement: 0 .C~OD!WLComnwreial Qone1•al_U1lilli.li): iusnrnno0, including contractual, procluclS 1md completed opcl'ations eovo1·ago and b.odily injury and 9.ropcrly damnge liability it1$llt'lll\ce, wlth cumbinc.d single lin\its. of uot less thim Oue Million Dollars ($1,000,000) 11runlng the T;rcsno Arcu W91:kforce Jnvestmcmt Corporntic)1\ (PAWIC), Fresno Regional Worlcfotcc Development Bourd (FRW.DB) tho County of Fi-esno an.d the City of Fl·e8no nnli1ed us udditionally irisurod, D ~m~1ensjvc Automobile UgbiliO' Insurance endorsed for ''any nuto'' witJ1 combined sii1gle lirnlls of not loss thru1 One Million Dollurs ($11000,000) 11mni11r, thll FA WlC, £1RWDB tho Cow1ty of1"1·cs110 nnd Llio City ofr'rosno nmncd as t1dc.litionnUy insm-ed. D PiUWIQI'S QJ.~Qifi~.Jl}i;t_O.JLimd Olbissjllill,} insurance wilh a lhnil of lloblllty Qf 11ot l~s& thnn 01\e Million Dollur~ ($1,000,000) nnmi11g the PAWIC, FRWPB the County 9fFrosno 1md the City of'Frcst10 Jli)m(ld 88 additiounlly lnsu1·ed, provided lhm FA wrc Or r.'RWPB ft111ds shall not be used to acquire j11sura:nce pollcles of(crtr1g pi"0tectinn %'lli11:it dobts established by tbe federal govc:rmmmt, D fidelity Bonn in an nmow,t not less tl);111 ton pcn;cnt (I 0%) of the totnl of oJI llll\OUfllS puyablc to the Service f>rovider pursuant to this Agroemeul bul 1n no eveut less th1111 F'lve 'rhousnnd Po11nrn ($5,00()), nar11ing the FA WlC, FR.WDB the County of P1·esno nncl lhe City of fre$no named 1;1s co-obljgees, j.>rovidccl, however, th.ai if th11t total amount payable pursunnt t() thir, /1\.glll;lelllent is less lhor1 Five Thousand Dollars ($5,000), the amoun.t ofl'he bcm,d 311!111 be eqt,~I to that total nmo,1rtt. D ~~ll i11s1m1.11ce ln,nccordanco. wilh lhc CnllfoMlit'l Lol>ol' Code covcrlns all cmployeos hired or employed undor the Agre1$tnent tor Which the Sorvlce Provider is tbe employ(Jr of record such as in work experience programs nnd lli11ited lnlemships. 0 Property lnauranco covering dil'ect physical loss or dfinn1g~ to llRWDll property,vith a limit ofllobillty of not IQ~s than thu full replucemont voluo of PRWIJ:8 properly that the Service P1·ovider possesses or umi.tltllins during the te1111 of this Agreement, namiug 1he FR WPB as Loss Puyeo, [] So)f-lns111•nnc~ If t11e Sc,·vlc:c Provider proposes tu provide 11ny of the above stated covetase by way sclf-lnsurariec, i~ Shull nddross II writtcJ1 rcquesl to the FRWDB represe111iog and worrunting that: l. rt agrees to the li1sur(11wc requirnments !13 sMed herein; 2, lt will m11in111in II minimum l'~se1ve not le~s U1a11 oue hundl'ed tweJ)fy-five Rcrccnl (125'¾) of the amount ofself•hlSlll'llnce coverage ru; specil1ecl above ill excess nt'e11 known c.laims filed against l'he self-lnsurtmce !l111d oJ;'Lbe Service Provider; 3. The reserve is fully funded: and, · 4. No federal funds awarded Of allocated lmder-Llils asrecrncnl wiJI pc c!lllcd upon (o fund any losses resulting ft'om any cJoi1ns mnilo pwstmt1t tc, this Agreement. a. Stirvice Provider must obtirin eudorsoments to t\11) general llablllly ahd auto insurnncc policies, giving the FA WlC, FRWDB tbe County of' Fresno ond the City of J\\csno an tnu-ostrioted tl1il'ty (30) dny prior written uotloe of cancello'tion or chnngc in ter111~ or cover11ge. The Service t>l'ovidor wHI also obtain l)n ondor~cm~ut to the worl<or~' conii,ensatioa policy giving the FA W1C1 FRWJ)B the County of:Fresno and the City of Fresno an Ulll'estricted ton (1 O) tlay µrJQr writtcl'\ noticll (lf 111-,.y cnncQJlation or chougo in tr.irms or covetttgc.
C. Ifa Service Prnvider's insurance is not in place prior to the effective date and commcncr..:1mmt of the term of this Agreement, the Service Provider shall not commence performance hereundel'. If any insuraoee coverage to be provided by Uie Service Pl'ovide1: expire~ during the term of this Agreement and the Service Provider fails to obtain new rer,lucement coverage and present to the FA WIC opproprinte certificates or endorsements pl'ior to the expiration date of the applicable insurance coverage, the FA WIC may suspend and withhold any payment(s) othel'wise due to the Service Provider us of the expil'ation elate. Scl'vicc P1·ovid1ll' shall suspend performa11ce until it secures and delivers new lnsumncc cel'tilicatc.s(~) to the FAWIC. D. If claims-made forms are llsed for errors and omissions coverage, either; 1. The Servi.cc Provider will obtain an endol'seinent to the policy that provides not loss than u two-year discovery period, OI' 2. Will malntuin the coverage for at least two years following tho termination of. tbo Agreement. The requircmtnts of this section relating to errors and omissions coverage shall smvive the termination or expil'atio11 of the Service Provider Agrcc111ent, Service Provider will deliver a new certificate of insurnnce to Uie FAWIC not less than fifteen (15) days prior to the cxpirution of any policy or immediately upon cancellution of the policy. E. The Service l'rovider ~hall sub1nit to the FA WIC certiflclltcs of general liability and automoblle liability insurance nRn1ing the FA WIC, FRWDB, tho County of Fresno and the City of Ftesno, their officers, agents, employees, officials, commissions ond volunteers, lndividually and collectively, as additionally insured (except Wol'kers' Compensution). Further, the Service Provider shall provide to the FAWIC insurnnce ce11H1cates and applicable endorsements for all requil'ed insurance. This Agreement shall not be effeccivo or commence until such lime that satisfactory proof of all applicable insurance coverage required hereby is received. F. The Service Provider shall notify the PA WIC in writing within five (S) worklng days of any claims \hat are submitted to their llnbility insurance involving funds awarded under this Agreement. The Service Provider shall include in any notice it gives to FA WIC pursuant to this subpuragrnph copies of any reports generated with respect to the incident or claim and uny known or estimated financial costs. G. The FRWDB reserves the right to require the funded Service Provider to obtain additional Insurance coverage should the FRWDB determine tlmt tho activities of the Service Provider require additional coverage. . · .l-l. If any cove1·age is cancelled, revoked, reduced, or in !11\Y manner questioned or compromised, no further disbursements shall be mudc to t,he Service Provider until tl1e Se,·vlce Provider provides satisfactory proof that the nppropriate coverage has been reinstated. I.· The Service Provider shall fully comply with the FRWDB procurement policy when acquiring all insurance coverage required hereunder. K. All insurance coverage to be established and maintained by Service Provider shall apply as primary insurance end m1y other insmance, or self-insurance, maintained by the County of Fresno, the City of Fresno, FRWOB, FA WIC 01· their respective officers, agents or employees shall be excess only and not contributing with insurance provided under the Service Provider's policies tequired hereby.
CERTIFICATE NO. ISSUE DATE (MM/DDIYYYY) GL 1-6691 coj CERTIFICATE OF COVERAGE I 12/11/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CSAC Excess Insurance CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A Authority CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER C/O ALLIANT INSURANCE SERVICES, INC. PO BOX6450 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED and/or requesting a WAIVER OF NEWPORT BEACH, CA 92658-6450 SUBROGATION, the Memorandums of Coverage must be endorsed. A statement on this certificate does not confer rights lo the certificate holder in lieu of such endorsement(s). PHONE (949) 756-0271 / FAX (619) 699-0901 LICENSE #OC36861 COVERAGE A -CSAC Excess Insurance Authority AFFORDED Member: COVERAGE FRESNO COUNTY AFFORDED B ATTN: BERTA MIMS COVERAGE 2220 TULARE STREET, 16TH FLOOR AFFORDED C FRESNO, CA 93721-2108 COVERAGE AFFORDED D Coverages THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF COVERAGE MEMORANDUM COVERAGE EFFECTIVE COVERAGE EXPIRATION LIABILITY LIMITS LTR NUMBER DATE (MM/DD/YYYY) DATE (MM/DD/YYYY) A 0 General Liability EIA 17 EL-03 07/01/2017 07/01/2018 $1,000,000 0 Excess Auto Liability $1,000,000 Limits inclusive of the Member's Self-Insured Retention of $750,000 Description of Operations/LocationsNehicles/Special Items: AS RESPECTS EVIDENCE OF COVERAGE FOR AGREEMENT BETWEEN FRESNO COUNTY AND FRESNO REGIONAL WORKFORCE DEVELOPMENT BOARD FOR PROVIDING POST-CONVICTION SERVICES BY AN ATTORNEY. COVERAGE INCLUDES ERRORS & OMISSIONS. Certificate Holder Cancellation SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WIL BE DELIVERED IN ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE PROVISIONS. FRESNO REGIONAL WORKFORCE DEVELOPMENT BOARD 2125 KERN ST STE 208 FRESNO, CA 93721 AUTHORIZED REPRESENTATIVE ~;/~ CSAC EXCESS INSURANCE AUTHORITY
CERTIFICATE NUMBER I EVIDENCE OF PROPERTY COVERAGE ISSUE DATE (MM/DDIYYYY) PROP-2508 12/11/2017 THIS EVIDENCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS EVIDENCE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND ADDITIONAL INTEREST. CSAC Excess Insurance Authority (CSAC EIA) COVERAGE C/O ALLIANT INSURANCE SERVICES, INC. AFFORDED BY: A -CSAC Excess Insurance Authority PO BOX 6450 NEWPORT BEACH, CA 92658-6450 COVERAGE AFFORDED BY: 8-PHONE (949) 756-0271 / FAX (619) 699-0901 LICENSE #0C3686 MEMBER TOWER NUMBER MEMORANDUM NUMBER FRESNO COUNTY VI EIAPPR17-20 ATTN: BERTA MIMS 2220 TULARE STREET, 16TH FLOOR EFFECTIVE DATE (MM/DD/YYYY) EXPIRATION DATE (MM/DD/YYYY) CONT. UNTIL D FRESNO, CA 93721-2108 03/31/2017 03/31/2018 TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE: PROPERTY _INFORMATION ,., ', ; :-, ; LOCATION / DESCRIPTION AS RESPECTS AGREEMENT BETWEEN FRESNO COUNTY AND FRESNO REGIONAL WORKFORCE DEVELOPMENT BOARD FOR PROVIDING POST-CONVICTION SERVICES BY AN ATTORNEY. FRESNO REGIONAL WORKFORCE DEVELOPMENT BOARD IS NAMED AS LOSS PAYEE AS THEIR INTEREST MAY APPEAR. THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED ABOVE HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE MAY BE ISSUED OR MAY PARTAIN. THE COVERAGE AFFORED BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION . ,. .... ·.,·· . COVERAGE/ PERILS/ FORMS AMOUNT OF INSURANCE ALL RISK OF DIRECT PHYSICAL LOSS OR DAMAGE, INCLUDING FLOOD. $25,000,000 PEROCC FOR ALL RISK AND ANN AGG FOR FLOOD EARTHQUAKE IS EXCLUDED. EARTHQUAKE LIMIT IS NOT APPLICABLE. $25,000,000 PER OCC/ANN AGG FOR EARTHQUAKE REPAIR OR REPLACEMENT COST VALUATION SUBJECT TO MEMORANDUM OF COVERAGE PROVISIONS VEHICLE/BUSES ARE SUBJECT TO ACTUAL CASH VALUE OR REPLACEMENT COST PER SCHEDULE ON FILE WITH THE AUTHORITY ALL LIMITS ARE SHARED. REMARKS (INCLUDING SPECIAL CONDITIONS) ,, . . ; ; t' DEDUCTIBLES: ALL RISK OF DIRECT PHYSICAL LOSS OR DAMAGE (EXCLUDING FLOOD AND EARTHQUAKE): $25,000 PER OCCURRENCE AS PER SCHEDULE ON FILE WITH THE AUTHORITY FLOOD: $25,000 EXCEPT FOR CRITICAL FLOOD (LOCATIONS IN FEMA FLOOD ZONE A ORV) DEDUCTIBLE IS $100,000 VEHICLES AND MOBILE EQUIPMENT IF COVERAGE IS SCHEDULED AND PURCHASED, DEDUCTIBLE APPLIES PER SCHEDULE ON FILE WITH THE AUTHORITY. CANCELLATION . · _: . .. . • . . '· ,· :·· . j ,; SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUM($) OF COVERAGE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE MEMORANDUM($) OF COVERAGE PROVISIONS. ADDITIONAL INTEREST . . ,· ·, , .. . ·. · .. ; ·' . } .. NAME AND ADDRESS NATURE OF INTEREST FRESNO REGIONAL WORKFORCE DEVELOPMENT DMORTGAGEE BOARD [x_JLOSSPAYEE D 2125 KERN ST STE 208 (OTHER) FRESNO, CA 93721 AUTHORIZED REPRESENTATIVE 4A4;./...~ CSAC EXCESS INSURANCE AUTHORITY
S.F. FORM LENDER'S LOSS PAYABLE ENDORSEMENT Form 438BFU NS (Rev. May 1, 1942) X 1. Loss or damage, if any, under this policy, shall be paid to the Payee named on the first page of this policy, its successors and assigns, hereinafter referred to as "the Lender", in whatever form or capacity its interests may appear and whether said interest be vested in said Lender in its individual or in its disclosed or undisclosed fiduciary or representative capacity, or otherwise, or vested in a nominee or trustee of said Lender. 2. The insurance under this policy, or any rider or endorsement attached thereto, as to the interest only of the Lender, its successors and assigns, shall not be invalidated nor suspended: (a) by any error, omission, or change respecting the ownership, description, possession, or location of the subject of the insurance or the interest therein, or the title thereto; (b) by the commencement of foreclosure proceedings or the giving of notice of sale of any of the property covered by this policy by virtue of any mortgage or trust deed; (c) by any breach of warranty, act, omission, neglect, or non-compliance with any of the provisions of this policy, including any and all riders now or hereafter attached thereto, by the named insured, the borrower, mortgagor, truster, vendee, owner, tenant, warehouseman, custodian, occupant, or by the agents of either or any of them or by the happening of any event permitted by them or either of them, or their agents, or which they failed to prevent, whether occurring before or after the attachment of this endorsement, or whether before or after a loss, which under the provisions of this policy of insurance or of any rider or endorsement attached thereto would invalidate or suspend the insurance as to the named insured, excluding herefrom, however, any acts or omissions of the Lender while exercising active control and management of the property. 3. In the event of failure of the insured to pay any premium or additional premium which shall be or become due under the terms of this policy or on account of any change in occupancy or increase in hazard not permitted by this policy, this Company agrees to give written notice to the Lender of such non-payment of premium after sixty (60) days from and within one hundred and twenty (120) days after due date of such premium and it is a condition of the continuance of the rights of the Lender hereunder that the Lender when so notified in writing by this Company of failure of the insured to pay such premium shall pay or cause to be paid the premium due within ten (10) days following receipt of the Company's demand in writing therefore. If the Lender shall decline to pay said premium or additional premium, the rights of the Lender under this Lender's Loss Payable Endorsement shall not be terminated before ten (10) days after receipt of said written notice by the Lender. 4. Whenever this Company shall pay to the Lender any sum for loss or damage under this policy and shall claim that as to the insured no liability therefore exists, this Company, at its option, may pay to the Lender the whole principal sum and interest and other indebtedness due or to become due from the insured, whether secured or unsecured, (with refund of all interest not accrued), and this Company, to be extent of such payment, shall thereupon receive a full assignment and transfer, without recourse, of the debt and all rights and securities held as collateral thereto. 5. If there be any other insurance upon the within described property, this Company shall be liable under this policy as to the Lender for the proportion of such loss or damage that the sum hereby insured bears to the entire insurance of similar character on said property under policies held by, payable to and expressly consented to by the Lender. Any Contribution Clause included in any Fallen Building Clause Waiver or any Extended Coverage Endorsement attached to this contract of insurance is hereby nullified, and also any Contribution Clause in any other endorsement or rider attached to this contract of insurance is hereby nullified except Contribution Clauses for the compliance with which the insured has received reduction in the rate charged or has received extension of the coverage to include hazards other than fire and compliance with such Contribution Clause is made a part of the consideration for insuring such other hazards. The Lender upon the payment to it of the full amount of its claim, will subrogate this Company (pro rata with all other insurers contribution to said payment) to all of the Lender's rights of contribution under said other insurance. 6. This Company reserves the right to cancel this policy at any time, as provided by its items, but in such case this policy shall continue in force for the benefit of the Lender for then (10) days after written notice of such cancellation is received by the Lender and shall then cease. 7. This policy shall remain in full force and effect as to the interest of the Lender for a period of ten (10) days after its expiration unless an acceptable policy in renewal thereof with loss thereunder payable to the Lender in accordance with the terms of this Lender's Loss Payable Endorsement, shall have been issued by some insurance company and accepted by the Lender. 8. Should legal title to and beneficial ownership of any of the property covered under this policy become vested in the Lender or its agents, insurance under this policy shall continue for the term thereof for the benefit of the Lender but, in such event, any privileges granted by this Lender's Loss Payable Endorsement which are not also granted the insured under the terms and conditions of this policy and/or under other riders or endorsements attached thereto shall not apply to the insurance hereunder as respects such property. 9. All notices herein provided to be give by the Company to the Lender in connection with this policy and this Lender's Loss Payable Endorsement shall be mailed to or delivered to the Lender at its office or branch described on the first page of the policy. Approved: Board of Fire Underwriters of the Pacific, California Bankers' Association Committee on Insurance
CERTIFICATE NO. ISSUE DATE (MM/DD/YYYY) WC-2753 I CERTIFICATE OF COVERAGE I 12/11/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO CSAC Excess Insurance RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW THIS Authority CERTIFICATE OF COVERAGE DOES NOT CONSTITITUE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER C/O ALLIANT INSURANCE SERVICES, INC. PO BOX6450 IMPORTANT: If the certificate holder is requesting a WAIVER OF SUBROGATION, the NEWPORT BEACH, CA 92658-6450 Memorandums of Coverage must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PHONE (949) 756-0271 / FAX (619) 699-0901 COVERAGE . LICENSE #0C36861 AFFORDED BY: A -See attached schedule of insurers Member: COVERAGE FRESNO COUNTY AFFORDED BY: B ATTN: BERTA MIMS 2220 TULARE STREET, 16TH FLOOR COVERAGE FRESNO, CA 93721-2108 AFFORDED BY: C COVERAGE AFFORDED BY: D Coverages THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE AND POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MEMORANDUMS AND POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS AND POLICIES. co TYPE OF COVERAGE MEMORANDUM/ COVERAGE EFFECTIVE COVERAGE EXPIRATION LIABILITY LIMITS LTR POLICY NUMBER DATE (MM/DD/YYYY) DATE (MM/DD/YYYY) A EXCESS WORKERS' See attached 07/01/2017 07/01/2018 WORKERS' COMPENSATION: COMPENSATION & Schedule of Difference between EMPLOYER'S LIABILITY Insurers for policy Statutory and Member's numbers $500,000 Retention EMPLOYERS' LIABILITY: Difference between $5,000,000 and Member's Retention LIMITS APPLY PER OCCURRENCE FOR ALL PROGRAM MEMBERS COMBINED. Description of Operations/LocationsNehicles/Special Items: AS RESPECTS EVIDENCE OF COVERAGE FOR AGREEMENT BETWEEN FRESNO COUNTY AND FRESNO REGIONAL WORKFORCE DEVELOPMENT BOARD FOR PROVIDING POST-CONVICTION SERVICES BY AN ATTORNEY. Certificate Holder Cancellation SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGE/POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE/POLICIES PROVISIONS. FRESNO REGIONAL WORKFORCE DEVELOPMENT BOARD 2125 KERN ST STE 208 AUTHORIZED REPRESENTATIVE FRESNO, CA 93721 ~/~ CSAC EXCESS INSURANCE AUTHORITY Page 1 of 2
PROVIDER CSAC EXCESS INSURANCE AUTHORITY EXCESS WORKERS' COMPENSATION PROGRAM 2017/2018 SCHEDULE OF INSURERS F C t resno ounty MEMORANDUM/POLICY NUMBER LIMIT CSAC Excess Insurance Authority EIA 17 EWC-04 Workers' Compensation: $50,000,000 each accident/each employee for disease (Difference between $50,000,000 and the individual member's retention) Employers' Liability: $5,000,000 each accident/each employee for disease (Difference between $5,000,000 and the individual member's retention) Liberty Insurance Corporation EW?-641-444785-017 Statutory each accident/ each employee for disease excess of $50,000,000 EWC PAGE 2 of2
CERTIFICATE NO. ISSUE DATE (MM/DD/YYYY) GL 1-6690 Al I CERTIFICATE OF COVERAGE I 12/11/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CSAC Excess Insurance CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A Authority CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. C/O ALLIANT INSURANCE SERVICES, INC. PO BOX6450 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED and/or requesting a WAIVER OF NEWPORT BEACH, CA 92658-6450 SUBROGATION, the Memorandums of Coverage must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PHONE (949) 756-0271 / FAX (619) 699-0901 LICENSE #OC36861 COVERAGE A -CSAC Excess Insurance Authority AFFORDED Member: COVERAGE FRESNO COUNTY AFFORDED B ATTN: BERTA MIMS COVERAGE 2220 TULARE STREET, 16TH FLOOR AFFORDED C FRESNO, CA 93721-2108 COVERAGE AFFORDED D Coverages THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF COVERAGE MEMORANDUM COVERAGE EFFECTIVE COVERAGE EXPIRATION LIABILITY LIMITS LTR NUMBER DATE (MM/DD/YYYY) DATE (MM/DD/YYYY) A 0 General Liability EIA 17 EL-03 07/01/2017 07/01/2018 $1,000,000 0 Excess Auto Liability $1,000,000 Limits inclusive of the Member's Self-Insured Retention of $750,000 Description of Operations/LocationsNehicles/Special Items: AS RESPECTS AGREEMENT BETWEEN FRESNO COUNTY AND FRESNO REGIONAL WORKFORCE DEVELOPMENT BOARD FOR PROVIDING POST-CONVICTION SERVICES BY AN ATTORNEY. FRESNO AREA WORKFORCE INVESTMENT CORPORATION (FAWIC), FRESNO REGIONAL WORKFORCE DEVELOPMENT BOARD (FRWDB), FRESNO COUNTY AND THE CITY OF FRESNO ARE INCLUDED AS ADDITIONAL COVERED PARTIES, BUT ONLY INSOFAR AS THE OPERATIONS UNDER THIS CONTRACT ARE CONCERNED. THIS COVERAGE SHALL BE PRIMARY AND NO OTHER INSURANCE SHALL CONTRIBUTE. PURSUANT TO ENDORSEMENT NUMBER U-10. Certificate Holder Cancellation SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WIL BE DELIVERED IN ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE PROVISIONS. FRESNO REGIONAL WORKFORCE DEVELOPMENT BOARD 2125 KERN ST STE 208 AUTHORIZED REPRESENT AT/VE FRESNO, CA 93721 ~/~ CSAC EXCESS INSURANCE AUTHORITY PAGE 1 OF 2
ENDORSEMENT NO. U-1 CSAC EXCESS INSURANCE AUTHORITY GENERAL LIABILITY 1 ADDITIONAL COVERED PARTY AMENDATORY ENDORSEMENT It is agreed that the 'Covered Party, Covered Persons or Entities" section of the Memorandum is amended to include the person or organization named on the Certificate of Coverage, but only with respect to liability arising out of premises owned by or rented to the Member, or operations performed by or on behalf of the Member or such person or organization so designated. Coverage provided under this endorsement is limited to the lesser of the limits stated on the Certificate of Coverage or the minimum limits required by contract. ADDITIONAL COVERED PARTY: NAME OF PERSON OR ORGANIZATION SCHEDULED PER ATTACHED CERTIFICATE OF COVERAGE AS RESPECTS: PER ATTACHED CERTIFICATE OF COVERAGE It is further agreed that nothing herein shall act to increase the Authority's limit of liability. This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below. All other terms and conditions remain unchanged. Effective Date: Memorandum No.: PER ATTACHED CERTIFICATE OF COVERAGE Issue Date: June 26, 2017 Authorized Representati CSAC Excess Insurance PAGE20F2
ENDORSEMENTNO.U~0 CSAC EXCESS INSURANCE AUTHORITY GENERAL LIABILITY 1 AMENDATORY ENDORSEMENT -PRIMARY/NON-CONTRIBUTORY It is understood and agreed that Condition 7. OTHER COVERAGE, of the Memorandum to which it is attached, is deleted in its entirety and replaced by the following: 7. OTHER COVERAGE If collectible insurance with an insurer is available to the covered party covering a loss also covered hereunder (whether on a primary, excess or contingent basis), the coverage hereunder shall be in excess of, and shall not contribute with, such insurance; provided that this clause does not apply with respect to excess insurance purchased specifically to be in excess of this Memorandum, or to insurance or reinsurance which is intended to provide the remainder of the limit of liability stated in the Declarations of this Memorandum when the coverage afforded under this Memorandum provides less than 100 percent of the limit set forth in the Declarations. However, if the covered party has entered into a written agreement, prior to any loss event, in which it is agreed that this coverage shall be primary and/or non-contributory with respect to an additional covered party as specified in Endorsement U-1 of this Memorandum, then this coverage shall respond as primary and/or non-contributory, but shall be limited to the lesser of the limits stated on the Certificate of Coverage or the minimum limits required by the written agreement. Notwithstanding the foregoing paragraph, if, because of liability arising out of or in connection with the operation of any clinic or established health care facility, coverage for damages is available under this Memorandum and under the Authority's Medical Malpractice Program, it shall be conclusively presumed that the coverage afforded under the Medical Malpractice Program shall be primary and any coverage available under this Memorandum shall be excess only. For claims to which this provision applies, the exhaustion of the Authority's limit of liability under the Medical Malpractice Program will satisfy the covered party's self-insured retention under this Memorandum. Coverage for the additional covered party under this endorsement is limited to the written contract or agreement as specified on the Certificate of Coverage and Endorsement U-1 of this Memorandum. It is further agreed that nothing herein shall act to increase the Authority's limit of liability. This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below. All other terms and conditions remain unchanged. Effective Date: Issued To: ALL MEMBERS Issue Date: June 30, 2017 Authorized Representati CSAC Excess Insurance Memorandum No.: EIA 17 EL-00
Signatoey Authorization
SIGNATORY AUTHORIZATION
Sal Quintero, Chairman of the Board of Supervisors
I HEREBY CERTIFY THAT __ ======~------
(Name &Title)
IS AUTHORIZED TO SUBMIT PROPOSALS FOR, AND BY VIRTUE OF HIS/HER SIGNATURE, BIND
(Organization Name)
TO CONTRACTUAL AGREEMENTS FOR THE PERIOD / . . .. '
THROUGH Dece_mber 31, 2~18 . -----------=::::...c...=~----
·· Janu~ry 9, 2018 •
Sigri~tt1re JL Qo}erning ~()ciy >()fticiii & .
b~t~ ~igt1ed: < · · · · · · ·
Sal Quintero ! V
. . . . -. . . . .
>1'it1~: >: .. Chairman of the Board of SupervisorsoftheCounty .
of Fresno . v
.• Sig11atute of ()fficial: Atithe>i-i1ed···Abcrv~···& bate Si$11ef / > .... ·.· . . . . . . . . . . . .
Sal Quintero ; V
/
r/
ll'-•-'-T"'-it-'-'le-: .. """ .. ---'-'--'---'-----'---'-'--'-'-'-'-'-'-'-'--"'--'-'-"----'-'--'-'-+-chaTrman~of-;-t:7h-'-e-:B~o-a-rd-;--of-=-s=-u-p_e_rv_i-so_r_s _o~f ~t,,=e=C=o=u=n=ty=-v-------JI
of Fresno
<Not~i Should circmnstanc~s require a clmng~
i1ftfot ab0vi, • a I1evv sigriatocy a11thoriza1:io11
s1iaU Je ~oinpleted >and for~ardec1<> · to
f'R\VDit· Failure fo<provide the· irifonnation
·. abbve 1na)' re~lllt in the clisqtialific:atiori : of . your proppsal. ·. . . . . . . . . . . . . .
ATTEST:
BERNICE E. SEIDEL
Clerk to the Board of Supervisors
of Fresno, State of California
By.l,.,,,/.~"-!'-..!-~~~:::µ,i__::... __ ,Deputy