HomeMy WebLinkAboutAgreement A-21-310 with HACF.pdf2810750v1 / 18621.0011 -1-
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A G R E E M E N T
THIS AGREEMENT is made and entered into this day of __________, 2021, by and between
the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as
"COUNTY", and HOUSING AUTHORITY OF THE CITY OF FRESNO, a public body, corporate and
political, whose address is 1331 Fulton Street, Fresno, CA 93721, hereinafter referred to as
“SUBRECIPIENT.”
W I T N E S S E T H:
WHEREAS, COUNTY was allocated Coronavirus Aid, Relief, and Economic Security (CARES) Act
Relief Funds by the U.S. Department of the Treasury to assist households facing negative economic
impacts due to the coronavirus pandemic; and
WHEREAS, COUNTY intends to utilize those funds for homeless services; and
WHEREAS, SUBRECIPIENT has the expertise and is willing to provide said services pursuant to
the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions herein
contained, the parties hereto agree as follows:
1.OBLIGATIONS
A. SUBRECIPIENT shall perform all services set forth in Exhibit A, Summary of
Services, attached hereto and by this reference incorporated herein.
B.SUBRECIPIENT shall provide services pursuant to the staffing pattern and
program expenses detailed in Exhibit B, Budget, attached hereto and by this reference incorporated
herein.
C.SUBRECIPIENT shall maintain membership in the FMCoC and participate in
Coordinated Entry throughout the term of this Agreement, as described in Exhibit A. If, for any reason,
this status is not maintained, the COUNTY may terminate this Agreement pursuant to Section Three (3)
of this Agreement.
D.SUBRECIPIENT shall participate in monthly, or as needed, meetings with staff
from COUNTY’s DSS to discuss requirements, data reporting, training, policies and procedures, overall
Agreement No. 21-310
10th August
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program operations, and any problems or foreseeable problems that may arise.
2.TERM
This Agreement shall commence on July 1, 2021 through and including December 31,
2021.
3.TERMINATION
A.Non-Allocation of Funds - The terms of this Agreement, and the services to be
provided hereunder, are contingent on the approval of funds by the appropriating government agency.
Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
terminated, at any time by giving the SUBRECIPIENT thirty (30) days advance written notice.
B.Breach of Contract - The COUNTY may immediately suspend or terminate this
Agreement in whole or in part, where in the determination of the COUNTY there is:
1)An illegal or improper use of funds;
2)A failure to comply with any term of this Agreement;
3)A substantially incorrect or incomplete report submitted to the COUNTY;
4)Improperly performed service.
In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any
breach of this Agreement or any default which may then exist on the part of the SUBRECIPIENT. Neither
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 DSS Director, or
designee, upon the giving of thirty (30) days advance written notice of an intention to terminate to this
agreement.
4.COMPENSATION
For actual services provided pursuant to the terms of this Agreement, COUNTY agrees to
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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.
In no event shall actual services performed under this Agreement be in excess of Five
Hundred Thousand and No/100 Dollars ($500,0000). Payments by COUNTY shall be in arrears, for
services provided during the preceding month, within forty-five (45) days after receipt, verification and
approval of SUBRECIPIENT’s invoices by COUNTY.
It is understood that all expenses incidental to SUBRECIPIENT'S performance of services
under this Agreement shall be borne by SUBRECIPIENT. If SUBRECIPIENT should fail to comply with
any provision of the Agreement, COUNTY shall be relieved of its obligation for further compensation.
Any compensation which is not expended by SUBRECIPIENT pursuant to the terms and conditions of
this Agreement shall automatically revert to COUNTY. The services provided by the SUBRECIPIENT
under this Agreement are funded in whole or in part by the State of California. In the event that funding
for these services is delayed by the State Controller, COUNTY may defer payment to CONTRACTOR.
The amount of the deferred payment shall not exceed the amount of funding delayed by the State
Controller to the COUNTY. The period of time of the deferral by COUNTY shall not exceed the period of
time of the State Controller’s delay of payment to COUNTY plus forty-five (45) days.
To the extent permitted by State and Federal rules and regulations, advanced payment of up
to twenty percent (20%) of the maximum compensation under this Agreement may be requested of
COUNTY by SUBRECIPIENT. Advance payments shall be limited to implementation costs for new
and/or expanded services only. Approval of an advanced payment is at the sole discretion of COUNTY’s
DSS Director or designee. If advanced payment occurs, the amount of the advanced payment shall be
deducted in equal installments from claims submitted during the seventh through twelfth months of this
Agreement.
5.INVOICING
SUBRECIPIENT shall invoice COUNTY’s DSS in arrears by the tenth (10th) of each month
for expenditures incurred to provide services rendered in the previous month to:
DSSInvoices@fresnocountyca.gov. Payments by COUNTY’s DSS shall be in arrears, for actual services
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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 designee, if an invoice is incorrect or is
otherwise not in proper form or detail, COUNTY’s DSS Director or designee shall have the right to withhold
full payment of the invoice that is incorrect or improper after five (5) days prior written notice or email
correspondence to SUBRECIPIENT. SUBRECIPIENT agrees to continue to provide services for a period of
ninety (90) days after written or email notification of an incorrect or improper invoice. If after the ninety (90)
period the invoice(s) is still not corrected to COUNTY’s DSS satisfaction, COUNTY or COUNTY’s DSS
Director or designee may elect to terminate this Agreement, pursuant to the termination provisions stated in
Paragraph Three (3) of this Agreement.
6.INDEPENDENT CONTRACTOR:
In performance of the work, duties and obligations assumed by SUBRECIPIENT under this
Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the
SUBRECIPIENT'S officers, agents, and employees will at all times be acting and performing as an
independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and
function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.
SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the
rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject
thereof.
Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely
no right to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be
solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee
benefits. In addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all
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matters relating to payment of SUBRECIPIENT'S employees, including compliance with Social Security
withholding and all other regulations governing such matters. It is acknowledged that during the term of this
Agreement, SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to this
Agreement.
7.MODIFICATION
A.Any matters of this Agreement may be modified from time to time by the written
consent of all the parties without, in any way, affecting the remainder.
B.Notwithstanding the above, changes to line items in Exhibit B, Budget, in an amount
not to exceed ten percent (10%) of the total maximum compensation as identified in Section Four (4) of this
Agreement, may be made with the written approval of COUNTY’s DSS Director or designee and
SUBRECIPIENT. Budget line item changes shall not result in any change to the maximum compensation
amount payable to SUBRECIPIENT, as stated herein.
C.SUBRECIPIENT hereby agrees that changes to the compensation under this
Agreement may be necessitated by a reduction in funding from State and/or Federal sources.
COUNTY’s DSS Director or designee may modify the maximum compensation depending on State and
Federal funding availability, as stated in Section Four (4) in this Agreement. SUBRECIPIENT further
understands that this Agreement is subject to any restrictions, limitations or enactments of all legislative
bodies which affect the provisions, term, or funding of this Agreement in any manner.
8.NON-ASSIGNMENT
SUBRECIPIENT shall not assign, transfer or sub-contract this Agreement nor their rights or
duties under this Agreement without the prior written consent of the COUNTY or COUNTY’s DSS Director
or designee. COUNTY acknowledges and consents that Turning Point of Central California, Inc, is a
subcontractor of SUBRECIPIENT for provision of property management and services for this Agreement.
SUBRECIPIENT shall bear sole and primary responsibility for all services under this Agreement, including
services provided by SUBRECIPIENT’s subcontractors. SUBRECIPIENT shall require its subcontractors to
comply with all terms and conditions of this Agreement, as well as all applicable State and Federal
regulations. The use of subcontractors by SUBRECIPIENT shall not entitle SUBRECIPIENT to any
additional compensation than is provided for under this Agreement.
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9.HOLD HARMLESS
SUBRECIPIENT agrees to indemnify, save, hold harmless, and at COUNTY'S request,
defend the COUNTY, its officers, agents, and employees from any and all costs and expenses (including
attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to COUNTY in
connection with the performance, or failure to perform, by SUBRECIPIENT, its officers, agents, or
employees under this Agreement, and from any and all costs and expenses (including attorney’s fees and
costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who
may be injured or damaged by the performance, or failure to perform, of SUBRECIPIENT, its officers,
agents, or employees under this Agreement.
10.INSURANCE
Without limiting the COUNTY's right to obtain indemnification from SUBRECIPIENT or any
third parties, SUBRECIPIENT, at its sole expense, shall maintain in full force and effect, the following
insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
A. Commercial General Liability
Commercial General Liability Insurance with limits of not less than Two Million Dollars
($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
liability or any other liability insurance deemed necessary because of the nature of this contract.
B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits of not less than One Million
Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include
any auto used in connection with this Agreement.
C. Professional Liability
If SUBRECIPIENT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W.,
M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million
Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
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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 the County of Fresno, P.O. Box 1912, Fresno, CA 93718-1219,
Attention: Contract Analyst, stating that such insurance coverage has been obtained and is in full force; that
the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the
policies; that for such worker’s compensation insurance the SUBRECIPIENT has waived its right to recover
from the COUNTY, its officers, agents, and employees any amounts paid under the insurance policy and
that waiver does not invalidate the insurance policy; that such Commercial General Liability insurance
names the County of Fresno, its officers, agents and employees, individually and collectively, as additional
insured, but only insofar as the operations under this Agreement are concerned; that such coverage for
additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
by COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance
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provided under SUBRECIPIENT's policies herein; and that this insurance shall not be cancelled or changed
without a minimum of thirty (30) days advance, written notice given to COUNTY.
In the event SUBRECIPIENT fails to keep in effect at all times insurance coverage as herein
provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
Agreement upon the occurrence of such event.
All policies shall be issued by admitted insurers licensed to do business in the State of
California, and such insurance shall be purchased from companies possessing a current A.M. Best, Inc.
rating of A FSC VII or better.
11.CONFLICT OF INTEREST
No officer, employee or agent of the COUNTY who exercises any function or responsibility
for planning and carrying out of the services provided under this Agreement shall have any direct or indirect
personal financial interest in this Agreement. In addition, no employee of the COUNTY shall be employed
by the SUBRECIPIENT under this Agreement to fulfill any contractual obligations with the COUNTY. The
SUBRECIPIENT shall comply with all Federal, State of California and local conflict of interest laws, statutes
and regulations, which shall be applicable to all parties and beneficiaries under this Agreement and any
officer, employee, or agent of the COUNTY.
12.NON-DISCRIMINATION
During the performance of this Agreement SUBRECIPIENT shall not unlawfully discriminate
against any employee or applicant for employment, or recipient of services, because of ethnic group
identification, gender, gender identity, gender expression, sexual orientation, color, physical disability,
mental disability, medical condition, national origin, race, ancestry, marital status, religion, or religious
creed, pursuant to all applicable State of California and Federal statutes and regulations.
13.LIMITED ENGLISH PROFICIENCY
SUBRECIPIENT shall provide interpreting and translation services to persons participating
in SUBRECIPIENT’s services who have limited or no English language proficiency, including services to
persons who are deaf or blind. Interpreter and translation services shall be provided as necessary to allow
such participants meaningful access to the programs, services and benefits provided by SUBRECIPIENT.
Interpreter and translation services, including translation of SUBRECIPIENT’s “vital documents” (those
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documents that contain information that is critical for accessing SUBRECIPIENT’s services or are required
by law) shall be provided to participants at no cost to the participant. SUBRECIPIENT shall ensure that any
employees, agents, subcontractor, or partners who interpret or translate for a program participant, or who
directly communicate with a program participant in a language other than English, demonstrate proficiency
in the participants’ language and can effectively communicate any specialized terms and concepts peculiar
to SUBRECIPIENT’s services.
14.CLEAN AIR AND WATER
In the event the funding under this Agreement exceeds One Hundred Thousand and No/100
Dollars ($100,000), SUBRECIPIENT shall comply with all applicable standards, orders or requirements
issued under the Clear Air Act contained in 42 U.S. Code 7601 et seq; the Clean Water Act contained in 33
U.S. Code 1368 et seq.; and any standards, laws and regulations, promulgated thereunder. Under these
laws and regulations, SUBRECIPIENT shall assure:
A.No facility shall be utilized in the performance of the Agreement that has been listed on
the Environmental Protection Agency (EPA) list of Violating Facilities;
B.COUNTY shall be notified prior to execution of this Agreement of the receipt of any
communication from the Director, Office of Federal Activities, U.S. EPA indicating that a facility to be
utilized in the performance of this Agreement is under consideration to be listed on the EPA list of
Violating Facilities;
C.COUNTY and U.S. EPA shall be notified about any known violation of the above laws
and regulations; and
D.This assurance shall be included in every nonexempt subgrant, contract, or
subcontract.
15.DRUG-FREE WORKPLACE REQUIREMENTS
For purposes of this paragraph, SUBRECIPIENT will be referred to as the “grantee.” By
drawing funds against this grant award, the grantee is providing the certification that is required by
regulations implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F. These
regulations require certification by grantees that they will maintain a drug-free workplace. False certification
or violation of the certification shall be grounds for suspension of payments, suspension or termination of
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grants, or government wide suspension or debarment. SUBRECIPIENT shall also comply with the
requirements of the Drug-Free Workplace Act of 1990 (California Government Code section 8350 et seq.)
16.CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND
VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS
A. COUNTY and SUBRECIPIENT recognize that SUBRECIPIENT is a recipient of State
funds under the terms of this Agreement. By signing this Agreement, SUBRECIPIENT agrees to notify
COUNTY of any past, present, or future Federal suspension or debarment. By signing this Agreement,
SUBRECIPIENT attests to the best of its knowledge and belief, that it and its principals:
1)Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded by any Federal department or agency; and
2)Shall not knowingly enter into any covered transaction with an entity or person
who is proposed for debarment under Federal regulations, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in such transaction.
B. SUBRECIPIENT shall provide immediate written notice to COUNTY if at any time
during the term of this Agreement SUBRECIPIENT learns that the representations it makes above were
erroneous when made or have become erroneous by reason of changed circumstances.
C. SUBRECIPIENT shall include a clause titled “Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion – Lower Tier Covered Transactions” and similar in
nature to this paragraph in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
D. SUBRECIPIENT shall, prior to soliciting or purchasing goods and services in
excess of $25,000 funded by this Agreement, review and retain the proposed vendor’s suspension and
debarment status at https://www.sam.gov/SAM/.
17.CONFIDENTIALITY
All services performed by SUBRECIPIENT under this Agreement shall be in strict
conformance with all applicable Federal, State of California, and/or local laws and regulations relating to
confidentiality.
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18.DATA SECURITY
Individuals and/or agencies that enter into a contractual relationship with the COUNTY for
the purpose of providing services must employ adequate controls and data security measures, both
internally and externally to ensure and protect the confidential information and/or data provided to
contractor by the COUNTY, preventing the potential loss, misappropriation or inadvertent access, viewing,
use or disclosure of COUNTY data including sensitive or personal client information; abuse of COUNTY
resources; and/or disruption to COUNTY operations.
Individuals and/or agencies may not connect to or use COUNTY networks/systems via
personally owned mobile, wireless or handheld devices unless authorized by COUNTY for telecommuting
purposes and provide a secure connection; up to date virus protection and mobile devices must have the
remote wipe feature enabled. Computers or computer peripherals including mobile storage devices may not
be used (COUNTY or SUBRECIPIENT device) or brought in for use into the COUNTY’s system(s) without
prior authorization from COUNTY’s Chief Information Officer and/or designee(s).
SUBRECIPIENT may not store COUNTY’s private, confidential or sensitive data on any
hard-disk drive, portable storage device or remote storage installation unless encrypted according to
advance encryption standards (AES of 128 bit or higher).
The COUNTY will immediately be notified of any violations, breaches or potential breaches
of security related to COUNTY’s confidential information, data and/or data processing equipment which
stores or processes COUNTY data, internally or externally.
COUNTY shall provide oversight to SUBRECIPIENT’s response to all incidents arising from
a possible breach of security related to COUNTY’s confidential client information. SUBRECPIENT will be
responsible to issue any notification to affected individuals as required by law or as deemed necessary by
COUNTY in its sole discretion. SUBRECIPIENT will be responsible for all costs incurred as a result of
providing the required notification.
19.PROPERTY OF COUNTY
SUBRECIPIENT agrees to take reasonable and prudent steps to ensure the security of
any and all said hardware and software provided to it by COUNTY under this Agreement, to maintain
replacement-value insurance coverages on said hardware and software of like kind and quality
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approved by COUNTY.
All purchases over Five Thousand Dollars ($5,000) made during the life of this
Agreement that will outlive the life of this Agreement shall be identified as fixed assets with an assigned
Fresno County DSS 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.
SUBRECIPIENT agrees to participate in an annual inventory of all COUNTY fixed assets and shall be
physically present when fixed assets are returned to COUNTY possession at the termination or
expiration of this Agreement. SUBRECIPIENT is responsible for returning to COUNTY all COUNTY
owned fixed assets upon the expiration or termination of this Agreement.
20.INDEPENDENT AUDIT
A.COUNTY reserves the right to perform or cause to be performed a financial audit. At
COUNTY’s request, the SUBRECIPIENT shall provide, at its own expense, a financial audit prepared by a
certified public accountant. HEAP and/or CESH administrative funds may be used to fund this expense.
1)If a financial audit is required by COUNTY, the audit shall be performed by an
independent certified public accountant.
2)The SUBRECIPIENT shall notify COUNTY of the auditor’s name and address
immediately after the selection has been made. The contract for the audit shall allow access by COUNTY
and State representatives to the independent auditor’s working papers.
3)The SUBRECIPIENT is responsible for the completion of audits and all costs of
preparing audits.
4) The completed audit report shall be submitted by the auditor to COUNTY within
three business days of completion.
5)If there are audit findings, the SUBRECIPIENT must submit a detailed response
acceptable to COUNTY for each audit finding within 90 days from the date of the audit finding report.
B.Failure to comply with the above provision may result in COUNTY performing the
necessary audit tasks or contracting with a qualified accountant to perform said audit. All audit costs related
to this Agreement are the sole responsibility of SUBRECIPIENT who agrees to take corrective action to
eliminate any material noncompliance or weakness found as a result of such audit. Audit work performed
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by COUNTY under this paragraph shall be billed to SUBRECIPIENT at COUNTY cost, as determined by
COUNTY’s Auditor-Controller/Treasurer-Tax Collector.
21.AUDITS AND INSPECTIONS
The SUBRECIPIENT shall at any time during business hours, and as often as the COUNTY
may deem necessary, make available to the COUNTY for examination all of its records and data with
respect to the matters covered by this Agreement. The SUBRECIPIENT shall, upon request by the
COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
SUBRECIPIENT'S compliance with the terms of this Agreement.
SUBRECIPIENT shall make available all records and accounts for inspection and audit by
COUNTY, the State of California, the Comptroller General of the United States, a Federal Grantor Agency,
or any of their duly authorized representatives, at all reasonable times for a period of at least five (5) years
following final payment under this Agreement or the closure of all other pending matters, whichever is later.
In addition, SUBRECIPIENT shall cooperate and participate with COUNTY’s fiscal review
process and comply with all final determinations rendered by the COUNTY’s fiscal review process. If
COUNTY reaches an adverse decision regarding SUBRECIPIENT’s services to consumers, it may result in
the disallowance of payment for services rendered; or in additional controls to the delivery of services, or in
the termination of this Agreement, at the discretion of COUNTY’s DSS Director or designee. If as a result of
COUNTY’s fiscal review process a disallowance is discovered due to SUBRECIPIENT’s deficiency,
SUBRECIPIENT shall be financially liable for the amount previously paid by COUNTY to SUBRECIPIENT
and this disallowance will be adjusted from SUBRECIPIENT’s future payments, at the discretion of
COUNTY’s DSS Director or designee. In addition, COUNTY shall have the sole discretion in the
determination of fiscal review outcomes, decisions and actions.
22.FRATERNIZATION
SUBRECIPIENT shall establish procedures addressing fraternization between
SUBRECIPIENT’s staff and clients. Such procedures will include provisions for informing
SUBRECIPIENT’s staff and clients regarding fraternization guidelines.
23.STATE ENERGY CONSERVATION
SUBRECIPIENT must comply with the mandatory standard and policies relating to energy
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efficiency which are contain in the State Energy Conservation Plan issued in compliance with 42 United
States (US) Code sections 6321, et. seq.
24.CHARITABLE CHOICE
SUBRECIPIENT may not discriminate in its program delivery against a client or potential
client on the basis of religion or religious belief, a refusal to hold a religious belief, or a refusal to actively
participate in a religious practice. Any specifically religious activity or service made available to individuals
by the SUBRECIPIENT must be voluntary as well as separate in time and location from COUNTY funded
activities and services. SUBRECIPIENT shall inform COUNTY as to whether it is faith-based. If
SUBRECIPIENT identifies as faith-based, they must submit to DSS a copy of its policy on referring
individuals to alternate treatment SUBRECIPIENT and include a copy of this policy in their client admission
forms. The policy must inform individuals that they may be referred to an alternative provider if they object
to the religious nature of the program and include a notice to DSS. Adherence to this policy will be
monitored during site reviews, and a review of client files. If SUBRECIPIENT identifies as faith-based, by
July 1 of each year SUBRECIPIENT will be required to report to DSS the number of individuals who
requested referrals to alternate providers based on religious objection.
25.PROHIBITION ON PUBLICITY
None of the funds, materials, property or services provided directly or indirectly under this
Agreement shall be used for SUBRECIPIENT’s advertising, fundraising, or publicity (i.e., purchasing of
tickets/tables, silent auction donations, etc.) for the purpose of self-promotion. Notwithstanding the above,
publicity of the services described in Paragraph One (1) of this Agreement shall be allowed as necessary to
raise public awareness about the availability of such specific services when approved in advance by the
Director or designee and at a cost as provided in Exhibit B for such items as written/printed materials, the
use of media (i.e., radio, television, newspapers) and any other related expense(s).
26.PUBLIC INFORMATION
SUBRECIPIENT shall disclose COUNTY as a funding source in all public information.
27.NOTICES
The persons and their addresses having authority to give and receive notices under this
Agreement include the following:
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COUNTY SUBRECIPIENT
Director, COUNTY OF FRESNO CEO Department of Social Services Housing Authority of the City of Fresno P.O. Box 1912 1331 Fulton Street Fresno, CA 93718-1912 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 Agreement, nothing in this section
establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
beginning with section 810).
28.GOVERNING LAW
Venue for any action arising out of or related to this Agreement shall only be in Fresno
County, California.
The rights and obligations of the parties and all interpretation and performance of this
Agreement shall be governed in all respects by the laws of the State of California.
29.CHANGE OF LEADERSHIP/MANAGEMENT
In the event of any change in the status of SUBRECIPIENT’s leadership or management,
SUBRECIPIENT shall provide written notice to COUNTY within thirty (30) days from the date of change.
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
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individuals providing services pursuant to this Agreement, b) exercises control over the manner in which
services are provided, or c) has authority over SUBRECIPIENT’s finances.
30.LOBBYING AND POLITICAL ACTIVITY
None of the funds provided under this Agreement shall be used for publicity, lobbying or
propaganda purposes designed to support or defeat legislation pending in the Congress of the United
States of America or the Legislature of the State of California.
SUBRECIPIENT shall not directly or indirectly use any of the funds under this Agreement for
any political activity or to further the election or defeat of any candidate for public office.
31.DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the SUBRECIPIENT is operating as a corporation (a
for-profit or non-profit corporation) or if during the term of the agreement, the SUBRECIPIENT changes
its status to operate as a corporation.
Members of the SUBRECIPIENT’s Board of Directors shall disclose any self-dealing
transactions that they are a party to while SUBRECIPIENT is providing goods or performing services
under this agreement. A self-dealing transaction shall mean a transaction to which the SUBRECIPIENT
is a party and in which one or more of its directors has a material financial interest. Members of the
Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and
signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and incorporated
herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing
transaction or immediately thereafter.
32.SEVERABILITY
The provisions of this Agreement are severable. The invalidity or unenforceability of any
one provision in the Agreement shall not affect the other provisions.
33.ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the SUBRECIPIENT and
COUNTY with respect to the subject matter hereof and supersedes all previous Agreement negotiations,
proposals, commitments, writings, advertisements, publications, and understanding of any nature
whatsoever unless expressly included in this Agreement.
2 IN WITNESS WHEREOF, the parties hereto have executed th is Agreement as of the day and year
3 first hereinabove written.
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SUBRECIPIENT:
HOUSING AUTHORITY OF
THE CITY OF FRESNO ~t
By : / ~ ).--/~ (j
Print Name: Angelina Nguyen
Title : Interim CEO
Mailing Address :
1331 Fulton Mall
Fresno , CA 93721
Phone No : (559) 513-5171
Contact: Assistant Director, Special Programs
FOR ACCOUNTING USE ONLY:
Fund/Subclass : 0001/10000
ORG No .: 56107003
Account No .: 7870
DEN :cwc
28 107 50v 1 / 18621.00 11
Steve'Brandau , Chairman 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
-17-
Exhibit A
Page 1 of 3
SUMMARY OF SERVICES
ORGANIZATION: Housing Authority of the City of Fresno (HACF)
ADDRESS: 1331 Fulton Street, Fresno, CA 93721
SERVICE ADDRESS: 777 N. Parkway Drive, Fresno, CA 93728
TELEPHONE: (559)513-5171
CONTACT: Doreen Eley, Assistant Director, Special Programs
EMAIL: deley@fresnohousing.org
CONTRACT: Journey Home Emergency Shelter Services
CONTRACT TERM: July 1, 2021 – December 31, 2021
SUMMARY OF SERVICES
Housing Authority of the City of Fresno (HACF) will provide 24-hour low-barrier Emergency Shelter
services to persons experiencing homelessness during and in the aftermath of the COVID-19
pandemic. Services onsite will be housing-focused including diversion pre-screening, case
management, housing search and placement, connection to community resources, and stabilization of
health issues. HACF will provide eighty (80) emergency shelter rooms for persons experiencing
homelessness. Journey Home, a collaborative effort between HACF, the City of Fresno, the County of
Fresno, and Project Homekey, is intended to provide a safe, supportive environment where residents
will be provided with wraparound services to attain permanent housing by rebuilding their support
network and addressing the issues that led to the episode of homelessness.
Housing Authority of the City of Fresno will subcontract with Turning Point of Central California, Inc.
(TPOCC) to operate 24-hour Emergency Shelter services that offer low-barrier access to single room
accommodations with on-site wraparound services.
TARGET POPULATION
The target population of Journey Home Emergency Shelter services are individuals experiencing
homelessness in Fresno County during and immediately following the COVID-19 pandemic.
HOUSING FIRST SERVICES
Housing First is an evidence-based practice suitable to low-barrier services to persons experiencing
homelessness. Compliance with Housing First requires the following:
1.Low barriers to entry;
2. Intake process is expedited, client-centered and flexible;
3.Services are client-centered and delivered in accordance with evidence-based practices; and,
4. Every effort is made to prevent a return to homelessness.
All Journey Home activities must be carried out in accordance with Housing First.
Exhibit A
Page 2 of 3
EMERGENCY SHELTER SERVICES
Journey Home is intended to provide low barrier, emergency shelter services with a case management
geared toward a housing focus. Services at Journey Home will comprise the following components:
Emergency Shelter: Operate 80 low barrier emergency shelter rooms for individuals experiencing
homelessness in Fresno County. Basic shelter services provided will include meals. The recommended
length of stay will be 90 days, subject to exceptions for documented situations.
Case Management: Provide intensive case management services that focus on helping participants
develop a housing plan and overcome barriers to attaining permanent housing. Participants that have
been connected to a permanent housing intervention may be referred to a Bridge Housing program to
prepare to enter permanent housing.
Housing Search and Placement: Provide services and activities necessary to assist program participants
in locating, obtaining, and retaining safe permanent housing.
Diversion Pre-Screening: Assess all people who present for homeless services at the Emergency Shelter
for potential Diversion services and if deemed eligible, refer immediately to a Diversion program.
Stabilizing Heath Intervention: Provide services for stabilization of participant health issues, including
substance use and mental health disorders.
HACF RESPONSIBILITIES
HACF shall:
•Provide Civil Rights training to all staff associated with this agreement, including TPOCC staff,
within 45 days of the execution of this agreement.
•Provide emergency shelter services to a minimum of 85 unduplicated participants during the
term of this agreement.
•Adhere to a low-barrier shelter policy. Shelter beds must be open to all who desire the service
regardless of sexual orientation, marital status, or gender identification. Guests must be allowed
to enter shelter with their partners, possessions, and pets.
•Register all guests and require them to sign a participation agreement that outlines program
policies and their agreement to services provided by Journey Home.
•Allow for 24-hour guest access and not exclude people because of intoxication or mental illness.
•Allow one pet per guest onsite. HACF and TPOCC will make efforts to find foster care for any
additional pets that belong to the guest.
•Maintain membership in the Fresno Madera Continuum of Care (FMCoC) and participate in the
Coordinated Entry System (CES).
•Accept self-referrals, FMCoC CES referrals and, where appropriate, law enforcement referrals.
•Journey Home must be staffed 24 hours a day, 7 days a week.
•Maintain a minimum staff-to-client ratio of 1:20 during daytime hours.
•Provide on-site office space for Diversion program staff.
•Enter guest information into the Homeless Management Information System (HMIS) in
compliance with State of California and/or HUD data collection, management, and reporting
standards.
•Adhere to a “Good Neighbor” policy, whereby TPOCC will secure and maintain the perimeter
of the Journey Home facility, keeping clear of any nuisances and code violations.
Exhibit A
Page 3 of 3
•Provide guests with a voluntary survey to complete upon discharge from the program. The
program will consider all feedback and enhance the program based on guest feedback.
•Comply with all shelter and housing habitability standards as identified in 24 CFR 576.403.
PERFORMANCE OUTCOMES
HACF shall 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.
HACF shall meet the following outcomes:
•A minimum of 85% bed utilization as measured by HMIS on the last Wednesday of the month,
quarterly, beginning in July 2021.
•A minimum of 70% of participants will be connected to a safe exit from the program, meaning
one of the following destinations: rental with or without subsidy, permanent shared-living
arrangement with family or friends, Bridge Housing or other emergency housing programs,
drug treatment facility, or psychiatric treatment facility.
•60% of participants will attain a safe exit from the program within 90 days.
Exhibit B
Page 1 of 1
BUDGET SUMMARY
ORGANIZATION:Housing Authority of the City of Fresno
SERVICES:Journey Home Emergency Shelter Services
CONTRACT TERM: July 1, 2021 through December 31, 2021
CONTRACT TOTAL:$500,000
Budget Categories Amount
$286,745
Payroll:$14,142
Administrative:
Legal Expenses $430
Audit Expenses $2,869
Real Estate Taxes $2,869
Rent $41,314
Total Administrative Subtotal: $47,482
Utilities:
Electricity $22,952
Water $4,131
Gas $689
Sewer $3,581
Other Utilities-Garbage $1,435
Total Utilities $32,787
Maintenance & Security:
Maintenance & Repairs $66,848
Security $6,541
Total Maintenance & Security Subtotal: $73,389
Total Directs:$454,545
10% Indirect Cost:$45,455
Total: $500,000
Turning Point (Prop Management and Services) Agreement:
Exhibit C
Page 1 of 2
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as “County”), members
of a contractor’s board of directors (hereinafter referred to as “County Contractor”), must disclose any
self-dealing transactions that they are a party to while providing goods, performing services, or both
for the County. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest”
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1)Enter board member’s name, job title (if applicable), and date this disclosure is being made.
(2)Enter the board member’s company/agency name and address.
(3)Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a.The name of the agency/company with which the corporation has the transaction; and
b.The nature of the material financial interest in the Corporation’s transaction that the
board member has.
(4)Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5)Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
Exhibit C
Page 1 of 2
(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: