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HomeMy WebLinkAboutAgreement A-21-268 with EOC.pdf-1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT 1. SERVICES SUBRECIPIENT shall perform all services as set forth in Exhibit A, Summary of Services, attached hereto and incorporated herein by this reference. SUBRECIPIENT shall provide services and activities pursuant to the staffing patterns and program expenses detailed in Exhibit B, Program Budget, attached hereto and incorporated herein by this reference. 2.TERM The term of this Agreement shall commence on July 13, 2021 through and including June 30, THIS AGREEMENT is made and entered into this ____ day of July, 2021, by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as "COUNTY", and FRESNO ECONOMIC OPPORTUNITY COMMISSION, a California corporation, whose address is 1920 Mariposa Street, Suite 300, Fresno, CA 93721, hereinafter referred to as "SUBRECIPIENT". W IT NESSET H WHEREAS, the California Department of Housing and Community Development (HCD) allocated funding to the COUNTY for the support of housing navigators to assist young adults aged 18 years to 21 years secure and maintain housing, with priority given to young adults in the foster care system; and WHEREAS, HCD has allocated funding to the COUNTY for the support of transitional housing services to assist young adults ages 18 to 25 secure and maintain housing, with priority given to young adults formerly in the foster care or probation systems; and WHEREAS, Fresno Economic Opportunity Commission (EOC), a provider of services to community college students through the Housing Opportunities Promote Education (HOPE) program at Fresno City College (FCC), represents that it can provide housing navigators and transitional housing services to assist young adults to secure and maintain housing and prevent young adults from becoming homeless, with an emphasis on young adults formerly in the foster care or probation systems. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties hereto agree as follows: Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d Agreement No. 21-268 13th -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2022. This Agreement may be extended for one (1) additional consecutive twelve (12) month period upon written approval of both parties no later than thirty (30) days prior to the first day of the next twelve (12) month extension period. The COUNTY’s DSS Director or his or her designee is authorized to execute such written approval on behalf of COUNTY based on SUBRECIPIENT’s satisfactory performance. 3. TERMINATION A. Non-Allocation of Funds The terms of this Agreement, and the services to be provided hereunder, are contingent on the approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the services provided may be modified, or this Agreement terminated, at any time by giving the SUBRECIPIENT thirty (30) days advance written notice. B. Breach of Contract The COUNTY may immediately suspend or terminate this Agreement in whole or in part, where in the determination of the COUNTY there is: 1) An illegal or improper use of funds. 2) A failure to comply with any term of this Agreement. 3) A substantially incorrect or incomplete report submitted to the COUNTY. 4) Improperly performed service. In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach of this Agreement or any default which may then exist on the part of the SUBRECIPIENT. Neither shall such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment to the COUNTY of any funds disbursed to the SUBRECIPIENT under this Agreement, which in the judgment of the COUNTY were not expended in accordance with the terms of this Agreement. The SUBRECIPIENT shall promptly refund any such funds upon demand. C. Without Cause Under circumstances other than those set forth above, this Agreement may be terminated by SUBRECIPIENT or COUNTY or COUNTY’s Department of Social Services Director, or Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 designee, upon the giving of thirty (30) days advance written notice of an intention to terminate. 4. COMPENSATION For actual services provided pursuant to the terms of this Agreement, COUNTY agrees to pay SUBRECIPIENT and SUBRECIPIENT agrees to receive compensation in accordance with Exhibit B, Budget. Mandated travel shall be reimbursed based on actual expenditures and mileage reimbursement shall be at SUBRECIPIENT’s adopted rate per mile, not to exceed the IRS published rate. Payment shall be made upon certification or other proof satisfactory to COUNTY’s DSS that services have actually been performed by SUBRECIPIENT as specified in this Agreement. In no event shall the cumulative total of this Agreement exceed Three Hundred Thirty-Eight Thousand Six Hundred Ninety and 00/100 Dollars ($338,690.00). For the period July 13, 2021 through June 30, 2022, in no event shall services performed under this Agreement be in excess of Two Hundred Thirty-Four Thousand Two Hundred Ninety and 00/100 Dollars ($234,290.00). Should the erm of this Agreement be extended for an additional year, in no event shall services performed under this Agreement be in excess of One Hundred Four Thousand Four Hundred and 00/100 Dollars ($104,400.00) for the period July 1, 2022 through June 30, 2023. All final claims shall be submitted by SUBRECIPIENT within (60) days following the final month of service. No action shall be taken by COUNTY on claims submitted beyond the sixty (60) day closeout period. Any compensation which is not expended by SUBRECIPIENT pursuant to the terms and conditions of this Agreement shall automatically revert to COUNTY. It is understood that all expenses incidental to SUBRECIPIENT’s performance of services under this Agreement shall be borne by SUBRECIPIENT. If SUBRECIPIENT should fail to comply with any provision of this Agreement, COUNTY shall be relieved of its obligation for further compensation. Any compensation which is not expended by SUBRECIPIENT pursuant to the terms and conditions of this Agreement shall automatically revert to COUNTY. The services provided by the SUBRECIPIENT under this Agreement are funded in whole or in part by the State of California. In the event that funding for these services is delayed by the State Controller, COUNTY may defer payment to SUBRECIPIENT. The amount of the deferred payment shall not exceed the amount of funding delayed by the State Controller to the COUNTY. The period of time of the deferral by COUNTY shall not exceed the period Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of time of the State Controller’s delay of payment to COUNTY plus forty-five (45) days. 5.INVOICING SUBRECIPIENT shall invoice COUNTY’s DSS in arrears by the tenth (10th) of each month for expenditures incurred and services rendered in the previous month to: DSSInvoices@fresnocountyca.gov. Payments by COUNTY’s DSS shall be in arrears for actual services provided during the preceding month, within forty-five (45) days after receipt, verification, and approval of SUBRECIPIENT’s invoices by COUNTY’s DSS. A monthly activity report shall accompany the invoice, reflecting services supported by the invoiced expenditures and be in a form and in such detail as acceptable to the COUNTY’s DSS. At the discretion of COUNTY’s DSS Director or his/her designee, if an invoice is incorrect or is otherwise not in proper form or detail, COUNTY’s Director or his/her designee shall have the right to withhold payment as to only that portion of the invoice that is incorrect or improper after five (5) days prior written notice or email correspondence to SUBRECIPIENT. SUBRECIPIENT agrees to continue to provide services for a period of ninety (90) days after written or email notification of an incorrect or improper invoice. If after the ninety (90) day period the invoice has still not been corrected to COUNTY’s DSS satisfaction, COUNTY or COUNTY’s DSS Director o r his/her designee may elect to terminate this Agreement, pursuant to the termination provisions stated in Section Three (3) of this Agreement. In addition, for invoices received ninety (90) days after the expiration of each term of this Agreement or termination of this Agreement, at the discretion of COUNTY’s DSS Director or his/her designee, COUNTY’s DSS shall have the right to deny payment of any additional invoices received. 6.MODIFICATION A. Any matters of this Agreement may be modified from time to time by the written consent of SUBRECIPIENT and COUNTY without, in any way, affecting the remainder. B. Notwithstanding the above, changes to line items in the budget, Exhibit B, that do not exceed ten percent (10%) of the maximum compensation payable to the SUBRECIPIENT, may be made with the written approval of COUNTY’s Department of Social Services Director, or designee, and SUBRECIPIENT. Said budget line item changes shall not result in any change to the maximum compensation amount payable to SUBRECIPIENT, as stated herein. Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. SUBRECIPIENT hereby agrees that changes to the compensation under this Agreement may be necessitated by a reduction in funding from State or Federal sources. SUBRECIPIENT further understands that this Agreement is subject to any restrictions, limitations, or enactments of all legislative bodies which affect the provisions, term, or funding of this Agreement in any manner. 7. INDEPENDENT CONTRACTOR In performance of the work, duties and obligations assumed by SUBRECIPIENT under this Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of SUBRECIPIENT's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, associate or volunteer of COUNTY. Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and function. However, COUNTY shall retain the right to administer this Agreement so as to verify that SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof. SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and regulations, if any, of government authorities having jurisdiction over matters which are directly or indirectly the subject of this Agreement. Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely no right to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be solely liable and responsible for providing to, or on behalf of, its employees all legally required employee benefits. In addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all matters relating to payment of SUBRECIPIENT's employees, including compliance with Social Security, withholding and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, SUBRECIPIENT may be providing services to others unrelated to COUNTY or to this Agreement. 8. HOLD HARMLESS SUBRECIPIENT agrees to indemnify, save, hold harmless, and at COUNTY's request, defend Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the COUNTY, its officers, agents, and employees from any and all costs and expenses, including attorney’s fees and court costs, damages, liabilities, claims, and losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by SUBRECIPIENT, its officers, agents, and/or employees under this Agreement, and from any and all costs and expenses, including attorney’s fees and court costs, damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of SUBRECIPIENT, its officers, agents, and/or employees under this Agreement. The provisions of this Section 8 shall survive termination of this Agreement. 9. INSURANCE Without limiting the COUNTY's right to obtain indemnification from SUBRECIPIENT or any third parties, and until such required insurance coverages, stated below, are available or in place by SUBRECIPIENT, the following requirements will be in force. SUBRECIPIENT, at its sole expense, shall maintain in full force and effect, the following insurance policies, or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of this Agreement: A. Commercial General Liability Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire, legal liability, or any other liability insurance deemed necessary because of the nature of this contract. B. Automobile Liability Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this Agreement. Coverage should include owned and non-owned vehicles used in connection with this Agreement. C. Professional Liability If SUBRECIPIENT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, Three Million Dollars ($3,000,000) annual aggregate. D. Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. E. Additional Requirements Relating to Insurance SUBRECIPIENT shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents, and employees shall be excess only and not contributing with insurance provided under SUBRECIPIENT's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to COUNTY. SUBRECIPIENT hereby waives its right to recover from COUNTY, its officers, agents, and employees any amounts paid by the policy of worker’s compensation insurance required by this Agreement. SUBRECIPIENT is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but SUBRECIPIENT’s waiver of subrogation under this paragraph is effective whether or not SUBRECIPIENT obtains such an endorsement. Within Thirty (30) days from the date SUBRECIPIENT signs and executes this Agreement, SUBRECIPIENT shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to DSSContractInsurance@fresnocountyca.gov or to the County of Fresno, P.O. Box 1912, Fresno, CA 93718-1219, Attention: Contract Analyst, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance provided under SUBRECIPIENT's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to COUNTY . In the event SUBRECIPIENT fails to keep in effect at all times insurance coverage as herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be issued by admitted insurers licensed to do business in the State of California, and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. 10. SUBCONTRACTS SUBRECIPIENT shall obtain written approval from COUNTY or COUNTY’s DSS Director, or designee before subcontracting any of the services delivered under this Agreement. SUBRECIPIENT shall insure that any transferee, assignee, or subcontractor will be subject to all applicable provisions of this Agreement, and all applicable State and Federal regulations. SUBRECIPIENT shall be held primarily responsible by COUNTY for the performance of any transferee, assignee or subcontractor unless otherwise expressly agreed to in writing by COUNTY. The use of subcontractor by SUBRECIPIENT shall not entitle SUBRECIPIENT to any additional compensation than is provided for under this Agreement. 11. CONFLICT OF INTEREST No officer, employee or agent of the COUNTY who exercises any function or responsibility for planning and carrying out of the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. In addition, no employee of the COUNTY shall be employed by the SUBRECIPIENT under this Agreement to fulfill any contractual obligations with the COUNTY. The SUBRECIPIENT shall comply with all Federal, State of California and local conflict of interest laws, statutes, and regulations, which shall be applicable to all parties and beneficiaries under this Agreement and any officer, employee, or agent of the COUNTY. /// Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. DISCLOSURE OF SELF-DEALING TRANSACTIONS This provision is only applicable if the SUBRECIPIENT is operating as a corporation (a for-profit or non-profit corporation) or if during the term of this Agreement, the SUBRECIPIENT changes its status to operate as a corporation. Members of the SUBRECIPIENT’s Board of Directors shall disclose any self-dealing transactions that they are a party to while SUBRECIPIENT is providing goods or performing services under this Agreement. A self-dealing transaction shall mean a transaction to which the SUBRECIPIENT is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and incorporated herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or immediately thereafter. 13. NON-DISCRIMINATION During the performance of this Agreement SUBRECIPIENT shall not unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of ethnic group identification, gender, gender identity, gender expression, sexual orientation, color, physical disability, mental disability, medical condition, national origin, race, ancestry, marital status, religion, or religious creed, pursuant to all applicable State of California and Federal statutes and regulations. 14.RECRUITMENT OF EMPLOYEES AND SERVICES TO CLIENTS SUBRECIPIENT shall ensure that its employment recruitment efforts, including administrative and professional staff positions, are carried out so as to adequately reflect the cultural and ethnic diversity of the population of Fresno County. SUBRECIPIENT shall use their best efforts to serve all cultural and ethnic groups residing in Fresno County. SUBRECIPIENT’s employment efforts will be monitored by COUNTY at periodic intervals. 15.LIMITED ENGLISH PROFICIENCY SUBRECIPIENT shall provide interpreting and translation services to persons participating in SUBRECIPIENT’s services who have limited or no English language proficiency, including services to persons who are deaf or blind. Interpreter and translation services shall be provided as necessary to Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 allow such participants meaningful access to the programs, services and benefits provided by SUBRECIPIENT. Interpreter and translation services, including translation of SUBRECIPIENT’s “vital documents” (those documents that contain information that is critical for accessing SUBRECIPIENT’s services or are required by law) shall be provided to participants at no cost to the participant. SUBRECIPIENT shall ensure that any employees, agents, subcontractor, or partners who interpret or translate for a program participant, or who directly communicate with a program participant in a language other than English, demonstrate proficiency in the participant’s language and can effectively communicate any specialized terms and concepts peculiar to SUBRECIPIENT’s services. 16. CONFIDENTIALITY All services performed by SUBRECIPIENT under this Agreement shall be in strict conformance with all applicable Federal, State of California and/or local laws and regulations relating to confidentiality. 17.CLEAN AIR AND WATER In the event the funding under this Agreement exceeds One Hundred Thousand and No/100 Dollars ($100,000.00), SUBRECIPIENT shall comply with all applicable standards, orders or requirements issued under the Clean Air Act contained in 42 U.S. Code 7601 et seq; the Clean Water Act contained in 33 U.S. Code 1368 et seq.; and any standards, laws and regulations, promulgated thereunder. Under these laws and regulations, SUBRECIPIENTS shall assure: A.No facility shall be utilized in the performance of this Agreement that has been listed on the Environmental Protection Agency (EPA) list of Violating Facilities. B. COUNTY shall be notified prior to execution of this Agreement of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA indicating that a facility to be utilized in the performance of this Agreement is under consideration to be listed on the EPA list of Violating Facilities. C. COUNTY and U.S. EPA shall be notified about any known violation of the above laws. 18.DRUG-FREE WORKPLACE REQUIREMENTS For purposes of this paragraph, SUBRECIPIENT will be referred to as the “grantee”. By drawing Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 funds against this grant award, the grantee is providing the certification that is required by regulations implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F. These regulations require certification by grantees that they will maintain a drug-free workplace. False certification or violation of the certification shall be grounds for suspension of payments, suspension or termination of grants, or government wide suspension or debarment. SUBRECIPIENT shall also comply with the requirements of the Drug-Free Workplace Act of 1990 (California Government Code section 8350 et seq.) 19.CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS A.COUNTY and SUBRECIPIENT recognize that SUBRECIPIENT is a recipient of State funds under the terms of this Agreement. By signing this Agreement, SUBRECIPIENT agrees to notify COUNTY of any past, present, or future Federal suspension or debarment. By signing this Agreement, SUBRECIPIENT attests to the best of its knowledge and belief, that it and its principals: 1)Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; and 2)Shall not knowingly enter into any covered transaction with an entity or person who is proposed for debarment under Federal regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction. B. SUBRECIPIENT shall provide immediate written notice to COUNTY if at any time during the term of this Agreement SUBRECIPIENT learns that the representations it makes above were erroneous when made or have become erroneous by reason of changed circumstances. C. SUBRECIPIENT shall include a clause titled “Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Lower Tier Covered Transactions” and similar in nature to this paragraph in all lower tier covered transactions and in all solicitations for lower tier covered transactions. D. SUBRECIPIENT shall, prior to soliciting or purchasing goods and services in excess of $25,000 funded by this Agreement, review and retain the proposed vendor’s suspension and debarment status at https://www.sam.gov/SAM/. Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20. GRIEVANCES SUBRECIPIENT shall establish procedures for handling client complaints and/or grievances. 21. PROHIBITION ON PUBLICITY None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for SUBRECIPIENT’s advertising, fundraising, or publicity (i.e., purchasing of tickets/tables, silent auction donations, etc.) for the purpose of self-promotion. Notwithstanding the above, publicity of the services described in Paragraph One (1) of this Agreement shall be allowed as necessary to raise public awareness about the availability of such specific services when approved in advance by the Director or designee and at a cost as provided by SUBRECIPIENT in writing for such items as written/printed materials, the use of media (i.e., radio, television, newspapers) and any other related expense(s). 22. STATE ENERGY CONSERVATION SUBRECIPIENTS must comply with the mandatory standard and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with 42 United States (US) Code sections 6321, et. Seq. 23. POLITICAL ACTIVITY None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any political activity, or to further the election or defeat of any candidate for public office. 24. FRATERNIZATION SUBRECIPIENT shall establish procedures addressing fraternization between SUBRECIPIENT’s staff and clients. Such procedures will include provisions for informing SUBRECIPIENT’s staff and clients regarding fraternization guidelines. 25. INTERPRETATION OF LAWS AND REGULATIONS COUNTY reserves the right to make final interpretations or clarifications on issues relating to Federal and State laws and regulations, to ensure compliance. 26. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS COUNTY, its officers, consultants, subcontractors, agents, and employees shall comply with all Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 applicable State, Federal and local laws and regulations governing projects that utilize State Funds. 27. RECORDS A. Record Establishment and Maintenance SUBRECIPIENT shall establish and maintain records in accordance with those requirements prescribed by COUNTY, with respect to all matters covered by this Agreement. SUBRECIPIENT shall retain all fiscal books, account records and client files for services performed under this Agreement for at least three (3) years from date of final payment under this Agreement or until all State and Federal audits are completed for that fiscal year, whichever is later. B. Cost Documentation 1) SUBRECIPIENT shall submit to COUNTY within fifteen (15) calendar days following the end of each month, all fiscal and program reports for that month. SUBRECIPIENT shall also furnish to COUNTY such statements, records, data, and information as COUNTY may request pertaining to matters covered by this Agreement. In the event that SUBRECIPIENT fail to provide reports as provided herein, it shall be deemed sufficient cause for COUNTY to withhold payments until compliance is established. 2) All costs shall be supported by properly executed payrolls, time records, invoices, vouchers, orders, or any other accounting documents pertaining in whole or in part to this Agreement and they shall be clearly identified and readily accessible. The support documentation must indicate the line budget account number to which the cost is charged. 3) COUNTY shall notify SUBRECIPIENT in writing within thirty (30) days of any potential State or Federal audit exception discovered during an examination. Where findings indicate that program requirements are not being met and State or Federal participation in this program may be imperiled in the event that corrections are not accomplished by SUBRECIPIENT within thirty (30) days of receipt of such notice from COUNTY, written notification thereof shall constitute COUNTY’s intent to terminate this Agreement. C. Service Documentation SUBRECIPIENT agree to maintain records to verify services under this Agreement including names and addresses of clients served, the dates of service and a description of services Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provided on each occasion. These records and any other documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. D. Use of Data SUBRECIPIENT shall grant to COUNTY and the United States Department Health and Human Services the royalty-free, nonexclusive and irrevocable license throughout the world to publish, translate, reproduce, deliver, perform, dispose of, duplicate, use, disclose in any manner and for any purpose whatsoever and to authorize others to do so, all subject data now or hereafter covered by copyright. However, with respect to subject data not originated in the performance of this Agreement, such license shall be only to the extent that SUBRECIPIENT have the right to grant such licenses without becoming liable to pay any compensation to others because of such grants. SUBRECIPIENT shall exert all reasonable effort to advise COUNTY at time of delivery of subject data furnished under this Agreement, of all possible invasions of the right of privacy therein contained, and of all portions of such subject data copied from work not composed or produced in the performance of this Agreement and not licensed under this provision. As used in this clause, the term “Subject Data” means writing, sound recordings, pictorial reproductions, drawings, designs or graphic representations, procedural manuals, forms, diagrams, work flow charts, equipment descriptions, data files and data processing of computer programs, and works of any similar nature (whether or not copyrighted or copyrightable) which are first produced or developed under this Agreement. The term does not include financial reports, cost analyses and similar information incidental to contract administration. SUBRECIPIENT shall report to COUNTY promptly and in written detail, each notice of claim of copyright infringement received by SUBRECIPIENT with respect to all subject data delivered under this Agreement. SUBRECIPIENT shall not affix any restrictive markings upon any data. If markings are affixed, COUNTY shall have the right at any time to modify, remove, obliterate, or ignore such markings. COUNTY shall have access to any report, preliminary findings or data assembled by SUBRECIPIENT under this Agreement. In addition, SUBRECIPIENT must receive written permission from COUNTY prior to publication of any materials developed under this Agreement and file with Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY a copy of all educational and training materials, curricula, audio/visual aids, printed material, and periodicals, assembled pursuant to this Agreement prior to publication. 28. INDEPENDENT AUDIT A. COUNTY reserves the right to perform or cause to be performed a financial audit. At COUNTY’s request, the SUBRECIPIENT shall provide, at its own expense, a financial audit prepared by a certified public accountant. Administrative funds may be used to fund this expense. 1)If a financial audit is required by COUNTY, the audit shall be performed by an independent certified public accountant. 2)The SUBRECIPIENT shall notify COUNTY of the auditor’s name and address immediately after the selection has been made. The contract for the audit shall allow access by COUNTY and State representatives to the independent auditor’s working papers. 3)The SUBRECIPIENT is responsible for the completion of audits and all costs of preparing audits. 4)The completed audit report shall be submitted by the auditor to COUNTY within three business days of completion. 5)If there are audit findings, the SUBRECIPIENT must submit a detailed response acceptable to COUNTY for each audit finding within 90 days from the date of the audit finding report. B.Failure to comply with the above provisions may result in COUNTY performing the necessary audit tasks or contracting with a qualified accountant to perform said audit. All audit costs related to this Agreement are the sole responsibility of SUBRECIPIENT who agrees to take corrective action to eliminate any material noncompliance or weakness found as a result of such audit. Audit work performed by COUNTY under this paragraph shall be billed to SUBRECIPIENT at COUNTY cost, as determined by COUNTY’s Auditor-Controller/Treasurer-Tax Collector. 29.TAX EQUITY AND FISCAL RESPONSIBILITY ACT To the extent necessary to prevent disallowance of reimbursement under section 1861 (v) (1) (1)(I) of the Social Security Act, (42 U.S.C § 1395x, subd. (v)(1)[I]), until the expiration of four (4) years after the furnishing of services under this Agreement, SUBRECIPIENT shall make available, upon Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 written request to the Secretary of the United States Department of Health and Human Services, or upon request to the Comptroller General of the United States General Accounting Office, or any of their duly authorized representatives, a copy of this Agreement and such books, documents, and records as are necessary to certify the nature and extent of the costs of these services provided by SUBRECIPIENT under this Agreement. SUBRECIPIENT further agree that in the event SUBRECIPIENT carries out any of their duties under this Agreement through a subcontract, with a value or cost of Ten Thousand and No/100 Dollars ($10,000) or more over a twelve (12) month period, with a related organization, such agreement shall contain a clause to the effect that until the expiration of four (4) years after the furnishing of such services pursuant to such subcontract, the related organizations shall make available, upon written request to the Secretary of the United Sates General Accounting Office, or any of their duly authorized representatives, a copy of such subcontract and such books, documents, and records of such organization as are necessary to verify the nature and extent of such costs and regulations. 30. CHILD ABUSE REPORTING SUBRECIPIENT shall utilize a procedure acceptable to COUNTY to ensure that all of SUBRECIPIENT’S employees, volunteers, consultants, subcontractors, or agents performing services under this Agreement shall report all known or suspected child abuse or neglect to one or more of the agencies set forth in Penal Code Section 11165.9. This procedure shall include having all of SUBRECIPIENT’S employees, volunteers, consultants, subcontractors or agents performing services under this Agreement sign a statement that he or she knows of and will comply with the reporting requirements set forth in Penal Code Section 11166. The statement to be utilized by SUBRECIPIENTS is set forth in Exhibit D, attached hereto and by this reference incorporated herein. 31. PROPERTY OF COUNTY All purchases over Five Thousand and No/100 Dollars ($5,000.00) made during the life of this Agreement shall be identified as fixed assets with an assigned COUNTY Accounting Inventory Number. These fixed assets shall be retained by COUNTY, as COUNTY property, in the event this Agreement is terminated or upon expiration of this Agreement. The SUBRECIPIENT agrees to participate in an annual inventory of all COUNTY fixed assets and shall be physically present when fixed assets are Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 returned to COUNTY possession at the termination or expiration of this Agreement. 32. AUDITS AND INSPECTIONS The SUBRECIPIENT shall at any time during business hours, and as often as the COUNTY may deem necessary, make available to the COUNTY for examination all of its records and data with respect to the matters covered by this Agreement. The SUBRECIPIENT shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure SUBRECIPIENT’s compliance with the terms of this Agreement. If this Agreement exceeds Ten Thousand dollars ($10,000.00), SUBRECIPIENT shall be subject to the examination and audit of the Auditor General for a period of three (3) years after final payment under contract (Government Code Section 8546.7). 33.NOTICES The persons and their addresses having authority to give and receive notices under this Agreement include the following: County SUBRECIPIENT County of Fresno Fresno Economic Opportunity Commission Director, Department of Social Services CEO, Emilia Reyes 205 W. Pontiac Way, Building 2 1920 Mariposa Street, Suite 300, Clovis CA 93612 Fresno, CA 93721 All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this Agreement must be in writing and delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by personal service is effective upon service to the recipient. A notice delivered by first-class United States mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the next beginning of a COUNTY business day), provided that the sender maintains a machine record of the completed transmission. For all claims arising out of or related to this Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement, nothing in this section establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810). 34. CHANGE OF LEADERSHIP/MANAGEMENT In the event of any change in the status of SUBRECIPIENT’s leadership or management, SUBRECIPIENT shall provide written notice to COUNTY within thirty (30) days from the date of change. Such notification shall include any new leader or manager’s name, address, and qualifications. “Leadership or management” shall include any employee, member, or owner of SUBRECIPIENT who either a) directs individuals providing services pursuant to this Agreement, b) exercises control over the manner in which services are provided, or c) has authority over SUBRECIPIENT’s finances. 35. GOVERNING LAW Venue for any action arising out of or related to this Agreement shall only be in Fresno County, California. The rights and obligations of the parties and all interpretation and performance of this Agreement shall be governed in all respects by the laws of the State of California. 36. SEVERABILITY The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions. 37.ELECTRONIC SIGNATURE The parties agree that this Agreement may be executed by electronic signature as provided in this section. An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d -19- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. 38. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the SUBRECIPIENT and COUNTY with respect to the subject matter hereof and supersedes all previous agreement negotiations, proposals, commitments, writings, advertisements, publications, and understanding of any nature whatsoever unless expressly included in this Agreement. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d 1 IN WITNESS WHEREOF , the parties hereto have executed this Agreement as of the day and year first 2 hereinabove written. 3 4 Fresno Economic Opportunities Commission 5 6 7 8 9 10 11 12 By : ---~-✓-·_....,....:.7?....:.ztl:..;.¼?='-"-------­ Print Name: I ioda Hayes Title: Board Chair Chairman of the Board , or Pres ident , or any Vice-President By : __ {iJ._:m_~_7ir~s ____ _ Print Name: Emilia Reyes 13 Title: Cbiet Exec, 1tive Officer Secretary (of Corporation), or any Assistant 14 Secretary , or Chief Financial Officer, or Any Assistant Treasurer 15 16 17 18 19 20 21 22 23 24 25 26 Mailing Address: 1900 Mariposa Mall, Suite 117 Fresno , CA 93721 Phone: (559)263-1344 Contact: Misty Gattie-Blanco, Director FOR ACCOUNTING USE ONLY: Funds/Subclass: 0001/10000 ORG no .: 56107380 Account No .: 7870 Requisition No.: Funds/Subclass: 0001/10000 27 ORG no.: 56107390 Account No.: 7870 28 Requisition No .: -20- Steve Bran au, C airman of the Board of Supervisors of the County of Fresno ATTEST: Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno, State of California By : th)Ao.'1 Cl),~ Doc ID : 5010cbbd04f92a217afec00ed44b5193b9028 3d Exhibit A Page 1 of 3 SUMMARY OF SERVICES ORGANIZATION: FRESNO ECONOMIC OPPORTUNITIES COMMISSION SERVICES: Homeless Services to Young Adults ADDRESS: 1920 Mariposa Street, Suite 300, Fresno, CA 93721 TELEPHONE: (559) 442-8200 CONTACT: Misty Gattie-Blanco EMAIL: Misty.Gattie-Blanco@fresnoeoc.org CONTRACT TERM: July 13, 2021 through June 30, 2022 July 1, 2022 through June 30, 2023 (optional) A. SUMMARY OF SERVICES Fresno Economic Opportunities Commission (EOC) will provide services to assist young adults 18-25 to secure and maintain housing, increase gross income, and prevent homelessness. Services will be provided in collaboration with the Fresno City College (FCC) Project Housing Opportunities Promote Educ ation (HOPE) program to FCC students. Three core services provided through this agreement are: 1. Housing Navigation services include case management and housing support to prevent young adults from becoming homeless. Participants will receive intensive case management services that focus on developing a housing plan, locating and placing participants into housing, helping them overcome barriers to attaining permanent housing, monitoring participant progress, and intervening with relevant support, if necessary to ensure participant stability. Housing Navigators will assist participants in securing all documents and services needed to obtain housing, such as personal identification, income verification, applying for housing vacancies, completing supportive and subsidized housing paperwork, and monitoring the application process to completion. The Housing Navigator shall work with each participant to develop short- and long- term goals for housing stability. Once housed, the Housing Navigator shall work with participants to maintain their residence and increase their housing stability. This may include, based on their needs assessment, referral to an Income Specialist, linkages to programs for literacy, vocational training, or other relevant services referrals. Housing Navigation services will be available for the initial contract period of July 13, 2021 through June 30, 2022 only. 2. Income Development services will assist participants through case management to increase their financial resources through sources such as Federal Work-Study, employment, Extended Foster Care, Supplemental Security Income, and other available programs. Case management services will include assisting participants to identifying employment opportunities, applying for employment, securing necessary documents such as identification and other documentation, monitoring participant Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d Exhibit A Page 2 of 3 employment progress, and intervening with relevant support to ensure participant success. The Income Specialist shall work with each participant to prepare short- and long- term objectives for increasing income, achieving self-sufficiency, and securing financial stability. Case management shall include weekly contact with participants to accomplish their income objectives. The focus of case management services will be to assist participants to overcome barriers to self-sufficiency, achieve employment readiness, increase financial literacy, and life skills training in the areas of money management. 3. Direct Financial Assistance through rental subsidies to young adults 18-25 will remove immediate barriers to housing for participants who are likely to be rejected by local landlords for lack of income, poor rental or credit history, and lack of security deposit. Direct financial assistance can be used to pay rental housing application fees, rental assistance payments, security deposit equal to no more than 2 months of rent, moving and storage costs, utility deposit when required by the utility company, and utility payment assistance. Those who receive direct financial assistance are required to participate in financial literacy training that teaches self-sufficiency so they can assume rental responsibility. Participants shall pay a share of cost toward rental assistance, beginning with the first month of assistance and progressing toward full financial responsibility from the participant. B. TARGET POPULATION AND ELIGIBILITY Housing Navigation services are available to young adults 18-21, with priority given to those in foster care. Direct Financial Assistance and Income Development services are available to young adults 18-25, with priority given to those formerly in the foster care or probation systems. These target populations are based on the eligibility requirements of the associated grants. C. SUBRECIPIENT RESPONSIBILITIES • Ensure that services as described above are provided to eligible individuals residing in Fresno County. • Ensure that Housing Navigators assist a minimum of 40 unduplicated young adults each 12-month term. o This includes weekly case management contact until housed, and at least monthly thereafter. • Ensure that Income Specialist(s) assist a minimum of 40 unduplicated young adults ages 18-25 with Income Development services to increase gross income. • Provide a minimum of 12 unduplicated young adults 18-25 with direct financial assistance, with priority given to those formerly in the state’s foster care or probation systems. • Engage clients in a linguistically and culturally appropriate manner, including the use of interpreters when needed. • Provide annual Civil Rights training to staff at the beginning of every calendar year and provide relevant verification to the County of Fresno by April 1. Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d Exhibit A Page 3 of 3 • Meet with County staff monthly, or as often as needed, for service coordination, problem/issue resolution, information sharing, training, review, and monitoring of services. • Provide complete and accurate monthly activity reports to the County of Fresno, in a report format approved by the County by the 10th of each month. D. COUNTY RESPONSIBILITIES • Schedule and facilitate meetings monthly, or as often as needed, for problem/issue resolution, information sharing, training, review, and monitoring of services. E. REPORTS AND OUTCOMES EOC shall meet the following outcomes within each 12-month period: • A minimum of 75% of youth receiving Housing Navigation services will secure permanent housing within 60 days and maintain housing for at least 6 months after initial placement. • A minimum of 65% of clients receiving services from an Income Specialist shall increase their gross monthly income by $400 per month, not including direct financial assistance, within four months of initially receiving Income Specialist services. • A minimum of 60% of participants receiving Direct Financial Assistance exit to non- subsidized housing within 6 months of initially receiving a financial assistance. Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d Exhibit B Page 1 of 2 Budget NAME OF ORGANIZATION: Fresno Economic Opportunities Commission SERVICES: Homeless Services to Young Adults CONTRACT TERM: July 13, 2021 - June 30, 2022 TERM TOTAL: $234,290 EXPENDITURES Amount Housing Navigators - Case Manager and Housing & Support Specialists (2 FTE) Salary, Payroll taxes, Benefits $ 129,890 Subtotal $ 129,890 Income Specialist - Academic and Career Advisor (1 FTE) Salary, Payroll taxes, Benefits $ 40,000 Subtotal $ 40,000 Direct Financial Assistance Security Deposits, Utility Deposits, Rental Assistance, Utility Payments $ 42,099 Subtotal $ 42,099 Operations Costs Insurance, Program Supplies, Office Expenses $ 2,956 Subtotal $ 2,956 EOC Indirect Cost Fresno EOC (9.17%) $ 19,345 Subtotal $ 19,345 Total $ 234,290 Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d Exhibit B Page 2 of 2 Budget NAME OF ORGANIZATION: Fresno Economic Opportunities Commission SERVICES: Homeless Services to Young Adults CONTRACT TERM: July 1, 2022 - June 30, 2023 (Optional) TERM TOTAL: $104,400 EXPENDITURES Amount Income Specialist - Academic and Career Advisor (1 FTE) Salary, Payroll taxes, Benefits $ 41,233 Subtotal $ 41,233 Direct Financial Assistance Security Deposits, Utility Deposits, Rental Assistance, Utility Payments $ 50,000 Subtotal $ 50,000 Operations Costs Insurance, Program Supplies, Office Expenses $ 4,546 Subtotal $ 4,546 EOC Indirect Cost Fresno EOC (8.26%) $ 8,621 Subtotal $ 8,621 Total $ 104,400 Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d Exhibit C SELF-DEALING TRANSACTION DISCLOSURE FORM In order to conduct business with the County of Fresno (hereinafter referred to as “County”), members of a contractor’s board of directors (hereinafter referred to as “County Contractor”), must disclose any self-dealing transactions that they are a party to while providing goods, performing services, or both for the County. A self-dealing transaction is defined below: “A self-dealing transaction means a transaction to which the corporation is a party and in which one or more of its directors has a material financial interest” The definition above will be utilized for purposes of completing this disclosure form. INSTRUCTIONS (1) Enter board member’s name, job title (if applicable), and date this disclosure is being made. (2) Enter the board member’s company/agency name and address. (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a minimum, include a description of the following: a. The name of the agency/company with which the corporation has the transaction; and b. The nature of the material financial interest in the Corporation’s transaction that the board member has. (4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Code. (5) Form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4). Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d Exhibit C (1) Company Board Member Information: Name: Date: Job Title: (2) Company/Agency Name and Address: (3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to): (4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a): (5) Authorized Signature Signature: Date: Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d Exhibit D 0872fcfx NOTICE OF CHILD ABUSE REPORTING LAW The undersigned hereby acknowledges that Penal Code section 11166 and the contractual obligations between County of Fresno (COUNTY) and Fresno Economic Opportunities Commission (PROVIDER) related to provision of emergency shelter care services for COUNTY’s dependent children, requires that the undersigned report all known or suspected child abuse or neglect to one or more of the agencies set forth in Penal Code (P.C.) section (§) 11165.9. For purposes of the undersigned’s child abuse reporting requirements, “child abuse or neglect” includes physical injury inflicted by other than accidental means upon a child by another person, sexual abuse as defined in P.C. §11165.1, neglect as defined in P.C. §11165.2, willful cruelty or unjustifiable punishment as defined in P.C. §11165.3, and unlawful corporal punishment or injury as defined in P.C. §11165.4. A child abuse report shall be made whenever the undersigned, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the undersigned knows or reasonably suspects has been the victim of child abuse or neglect. (P.C §11166.) The child abuse report shall be made to any police department or sheriff’s department (not including a school district police or security department), or to any county welfare department, including Fresno County Department of Social Services’ 24 Hour CARELINE. (See PC §11165.9.) For purposes of child abuse reporting, a “reasonable suspicion” means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on his or her training and experience, to suspect child abuse or neglect. The pregnancy of a child does not, in and of itself, constitute a basis for reasonable suspicion of sexual abuse. (P.C. §11166(a)(1).) Substantial penalties may be imposed for failure to comply with these child abuse reporting requirements. Further information and a copy of the law may be obtained from the department head or designee. I have read and understand the above statement and agree to comply with the child abuse reporting requirements. __________________________________ ________________________ SIGNATURE DATE ____________ NATURE 06 / 29 / 2021 Doc ID: 5010cbbd04f92a217afec00ed44b5193b9028c3d