HomeMy WebLinkAboutAgreement A-21-312 with BGC.pdf Agreement No. 21-312
1 AGREEMENT
2 THIS AGREEMENT ("Agreement") is made and entered into this 10th day of August 2021,
3 by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter
4 referred to as "COUNTY", and BOYS & GIRLS CLUBS OF FRESNO COUNTY, a California Private Non-
5 Profit Corporation, whose address is 540 N. Augusta Street, Fresno, CA. 93701, hereinafter referred to as
6 "SUBRECIPIENT".
7 WITNESSETH:
8 WHEREAS, COUNTY, through its Department of Social Services (DSS), has been designated to
9 administer and implement the Community Development Block Grant (CDBG) social service activities, in
10 accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as
11 amended, and the laws of the State of California; and
12 WHEREAS, the Fresno County Board of Supervisors has determined that certain eligible social
13 service activities for health, welfare, social development, and Probation be funded, including the social
14 services provided in this Agreement; and
15 WHEREAS, such social service may prevent persons and families from becoming recipients of
16 public assistance, reduce delinquency and crime, and contribute to the overall welfare of COUNTY's
17 economy; and
18 WHEREAS, SUBRECIPIENT has submitted a program plan that will provide social services
19 consistent with the intent and purpose of said provisions of Title I of the Housing and Community
20 Development Act of 1974 [42 United States Code (U.S.C.), Chapter 69, §§ 5301, et seq.]as amended.
21 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
22 contained, the parties hereto agree as follows:
23 1. SERVICES
24 A. SUBRECIPIENT shall provide all services set forth in Exhibit A, Summary of
25 Services, attached hereto and by this reference incorporated herein.
26 B. SUBRECIPIENT shall perform all services and fulfill all responsibilities as identified
27 in COUNTY's Request for Proposal (RFP) No. 21-052 dated May 5, 2021, hereinafter referred to as
28 COUNTY's RFP 21-052, and SUBRECIPIENT's response to said RFP, all incorporated herein and by
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1 reference made part of this Agreement.
2 C. In the event of any inconsistency among the documents described in Paragraphs
3 1.A and 1.13 herein above, the inconsistency shall be resolved by giving precedence in the following order
4 of priority: 1) to this Agreement, including all Exhibits attached hereto; 2) to COUNTY's RFP 21-052; and 3)
5 to SUBRECIPIENT's Response to RFP. A copy of COUNTY's RFP 21-052 and SUBRECIPIENT's
6 response shall be retained and made available during the term of this Agreement by COUNTY.
7 2. TERM
8 The term of this Agreement shall be for a period of three (3) years, commencing on
9 September 1, 2021 through and including August 31, 2024.
10 3. TERMINATION
11 A. Non-Allocation of Funds -The terms of this Agreement, and the services to be
12 provided hereunder, are contingent on the approval of funds by the appropriating government agency.
13 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
14 terminated, at any time by giving the SUBRECIPIENT thirty (30) days advance written notice.
15 B. Breach of Contract- The COUNTY may immediately suspend or terminate this
16 Agreement in whole or in part, where in the determination of the COUNTY there is:
17 1) An illegal or improper use of funds;
18 2) A failure to comply with any term of this Agreement;
19 3) A substantially incorrect or incomplete report submitted to the COUNTY;
20 4) Improperly performed service.
21 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
22 of this Agreement or any default which may then exist on the part of the SUBRECIPIENT. Neither shall
23 such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or
24 default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment to the
25 COUNTY of any funds disbursed to the SUBRECIPIENT under this Agreement, which in the judgment of
26 the COUNTY were not expended in accordance with the terms of this Agreement. The SUBRECIPIENT
27 shall promptly refund any such funds upon demand.
28 C. Without Cause - Under circumstances other than those set forth above, this
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1 Agreement may be terminated by SUBRECIPIENT, COUNTY, or COUNTY's Director, or his/her designee
2 upon the giving of thirty (30) days advance written notice of an intention to terminate this Agreement.
3 4. COMPENSATION
4 For actual services provided as identified in the terms and conditions of this Agreement,
5 including Exhibit A, Summary of Services, COUNTY agrees to pay SUBRECIPIENT and SUBRECIPIENT
6 agrees to receive compensation in accordance with Exhibit B, Budget Summary, attached hereto and by
7 this reference incorporated herein.
8 In no event shall compensation paid for services performed under this Agreement be in
9 excess of One Hundred Twenty-Eight Thousand Five Hundred Twenty-Six ($128,526). For each 12-month
10 period, in no event shall compensation paid for services performed under this agreement be in excess of
11 Forty-Two Thousand Eight Hundred Forty-Two Dollars ($42,842).
12 It is understood that all expenses incidental to SUBRECIPIENT's performance of services
13 under this Agreement shall be borne by SUBRECIPIENT. If SUBRECIPIENT should fail to comply with any
14 provision of the Agreement, COUNTY shall be relieved of its obligation for further compensation. Any
15 compensation which is not expended by SUBRECIPIENT pursuant to the terms and conditions of this
16 Agreement shall automatically revert to COUNTY.
17 5. INVOICING
18 SUBRECIPIENT shall invoice COUNTY in arrears by the tenth (10th) of each month for
19 actual expenses incurred and services rendered in the previous month to:
20 DSSlnvoices E( fresnocountyca.gov. Payments by COUNTY's DSS shall be in arrears for actual services
21 provided during the preceding month, within forty-five (45) days after receipt, verification, and approval
22 of SUBRECIPIENT's invoices by COUNTY's DSS. A monthly activity report shall accompany the
23 invoice, reflecting services supported by the invoiced expenditures and be in a form and in such detail
24 as acceptable to COUNTY. All final claims for funding shall be submitted by SUBRECIPIENT within sixty
25 (60) days following the final month of services.
26 At the discretion of a COUNTY DSS Director or his/her designee, if an invoice is incorrect or
27 is otherwise not in proper form or detail, COUNTY's DSS Director or his/her designee, shall have the right
28 to withhold payment as to only that portion of the invoice that is incorrect or improper after five (5) days prior
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1 written notice to SUBRECIPIENT. SUBRECIPIENT agrees to continue to provide services for a period of
2 ninety (90) days after written or email notification of an incorrect or improper invoice. If after the ninety (90)
3 day period, the invoice(s) is still not corrected to COUNTY's satisfaction, COUNTY or COUNTY's DSS
4 Director or his/her designee may elect to terminate this Agreement on behalf of COUNTY, pursuant to the
5 termination provisions stated in Section Three (3)of this Agreement. In addition, for invoices received
6 ninety (90) days after the expiration of each term of this Agreement or termination of this Agreement, at the
7 discretion of COUNTY's DSS Director or his/her designee, COUNTY shall have the right to deny payment
8 of any additional invoices received.
9 6. INDEPENDENT CONTRACTOR
10 In performance of the work, duties and obligations assumed by SUBRECIPIENT under this
11 Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the
12 SUBRECIPIENT's officers, agents, and employees will at all times be acting and performing as an
13 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
14 employee,joint venture, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
15 to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and
16 function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
17 SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.
18 SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the
19 rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject
20 thereof.
21 Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely
22 no right to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be
23 solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee
24 benefits. In addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all
25 matters relating to payment of SUBRECIPIENT's employees, including compliance with Social Security
26 withholding and all other regulations governing such matters. It is acknowledged that during the term of this
27 Agreement, SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to this
28 Agreement.
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1 7. MODIFICATION
2 A. Any matters of this Agreement may be modified from time to time by the written
3 consent of SUBRECIPIENT and COUNTY without, in any way, affecting the remainder.
4 B. Notwithstanding the above, changes to line items in Exhibit B, Budget Summary,
5 in an amount not to exceed ten percent (10%) of the total annual compensation as identified in Section
6 Four (4) of this Agreement, may be made with the written approval of COUNTY's DSS Director or
7 his/her designee. Budget line-item changes shall not result in any change to the maximum
8 compensation amount payable to SUBRECIPIENT, as stated herein.
9 C. SUBRECIPIENT agrees that reductions to the maximum compensation set forth
10 in Section Four (4) may be necessitated by a reduction in funding from State and/or Federal sources.
11 Any such reduction to the maximum compensation may be made with the written approval of COUNTY's
12 DSS Director or designee and SUBRECIPIENT. SUBRECIPIENT further understands that this
13 Agreement is subject to any restrictions, limitations or enactments of all legislative bodies which affect
14 the provisions, term, or funding of this Agreement in any manner.
15 8. ASSIGNMENT AND SUBCONTRACTS
16 Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties
17 under this Agreement without the prior written consent of the other party. Any transferee, assignee or
18 subcontractor will be subject to all applicable provisions of this Agreement, and all applicable State and
19 Federal regulations. SUBRECIPIENT shall be held primarily responsible by COUNTY for the performance
20 of any transferee, assignee or subcontractor unless otherwise expressly agreed to in writing by COUNTY.
21 The use of a subcontractor by SUBRECIPIENT shall not entitle SUBRECIPIENT to any additional
22 compensation than is provided for under this Agreement.
23 9. HOLD HARMLESS
24 SUBRECIPIENT agrees to indemnify, save, hold harmless, and at COUNTY's request,
25 defend the COUNTY, its officers, agents, and employees from any and all costs and expenses (including
26 attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to COUNTY in
27 connection with the performance, or failure to perform, by SUBRECIPIENT, its officers, agents, or
28 employees under this Agreement, and from any and all costs and expenses (including attorney's fees and
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1 costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who
2 may be injured or damaged by the performance, or failure to perform, of SUBRECIPIENT, its officers,
3 agents, or employees under this Agreement.
4 The provisions of this Section 9 shall survive termination of this Agreement.
5 10. INSURANCE
6 Without limiting COUNTY's right to obtain indemnification from SUBRECIPIENT or any
7 third parties, SUBRECIPIENT, at its sole expense, shall maintain in full force and effect the following
8 insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
9 arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
10 A. Commercial General Liability
Commercial General Liability Insurance with limits of not less than Two Million
11 Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million
12 Dollars ($4,000,000). This policy shall be issued on a per occurrence basis.
COUNTY may require specific coverage including completed operations, product
13 liability, contractual liability, Explosion, Collapse, and Underground (XCU), fire
legal liability or any other liability insurance deemed necessary because of the
14 nature of the Agreement.
15 B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits of not less than One
16 Million Dollars ($1,000,000.00) per accident for bodily injury and for property
17 damages. Coverage should include any auto used in connection with this
Agreement.
18
C. Professional Liability
19 If SUBRECIPIENT employs licensed professional staff(e.g. Ph.D., R.N.,
L.C.S.W., M.F.C.T.) in providing services, Professional Liability Insurance with
20 limits of not less than One Million Dollars ($1,000,000) per occurrence, Three
Million Dollars ($3,000,000) annual aggregate. This coverage shall be issued on
21 a per occurrence basis. SUBRECIPIENT agrees that it shall maintain, at its sole
22 expense, in full force and effect for a period of three (3) years following the
termination of this Agreement, one or more policies of professional liability
23 insurance with limits of coverage as specified herein.
24 D. Worker's Compensation
A policy of Worker's Compensation Insurance as may be required by the
25 California Labor Code.
26 E. Molestation
27 Sexual abuse/molestation liability insurance with limits of not less than One Million
Dollars ($1,000,000.00) per occurrence, Two Million dollars ($2,000,000.00)
28 annual aggregate. This policy shall be issued on a per occurrence basis.
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1 F. Additional Requirements Relating to Insurance
2 SUBRECIPIENT shall obtain endorsements to the Commercial General Liability
3 insurance naming the County of Fresno, its officers, agents, and employees, individually and
4 collectively, as additional insured, but only insofar as the operations under this Agreement are
5 concerned. Such coverage for additional insured shall apply as primary insurance and any other
6 insurance, or self-insurance, maintained by COUNTY, its officers, agents, and employees shall be
7 excess only and not contributing with insurance provided under SUBRECIPIENT's policies herein. This
8 insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written
9 notice given to COUNTY.
10 SUBRECIPIENT hereby waives its right to recover from COUNTY, its officers, agents,
11 and employees any amounts paid by the policy of worker's compensation insurance required by this
12 Agreement. SUBRECIPIENT is solely responsible to obtain any endorsement to such policy that may be
13 necessary to accomplish such waiver of subrogation, but SUBRECIPIENT's waiver of subrogation under
14 this paragraph is effective whether or not SUBRECIPIENT obtains such an endorsement.
15 Within Thirty (30) days from the date SUBRECIPIENT signs and executes this
16 Agreement, SUBRECIPIENT shall provide certificates of insurance and endorsement as stated above
17 for all of the foregoing policies, as required herein, to the County of Fresno,
18 DSSContractlnsurance(a)fresnocountyca.gov, Attention: Contract Analyst, stating that such insurance
19 coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and
20 employees will not be responsible for any premiums on the policies; that for such worker's
21 compensation insurance the SUBRECIPIENT has waived its right to recover from the COUNTY, its
22 officers, agents, and employees any amounts paid under the insurance policy and that waiver does not
23 invalidate the insurance policy; that such Commercial General Liability insurance names the County of
24 Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only
25 insofar as the operations under this Agreement are concerned; that such coverage for additional insured
26 shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its
27 officers, agents and employees, shall be excess only and not contributing with insurance provided under
28 SUBRECIPIENT's policies herein; and that this insurance shall not be cancelled or changed without a
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1 minimum of thirty (30) days advance, written notice given to COUNTY.
2 In the event SUBRECIPIENT fails to keep in effect at all times insurance coverage as
3 herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
4 Agreement upon the occurrence of such event.
5 All policies shall be issued by admitted insurers licensed to do business in the State of
6 California, and such insurance shall be purchased from companies possessing a current A.M. Best, Inc.
7 rating of A FSC VII or better.
8 11. AUDITS AND INSPECTIONS
9 SUBRECIPIENT shall at any time during business hours, and as often as the COUNTY may
10 deem necessary, make available to the COUNTY for examination all of its records and data with respect to
11 the matters covered by this Agreement. The SUBRECIPIENT shall, upon request by the COUNTY, permit
12 the COUNTY to audit and inspect all of such records and data necessary to ensure SUBRECIPIENT's
13 compliance with the terms of this Agreement.
14 If this Agreement exceeds ten thousand dollars ($10,000.00), SUBRECIPIENT shall be
15 subject to the examination and audit of the California State Auditor for a period of three (3)years after final
16 payment under contract (Government Code Section 8546.7).
17 In addition, SUBRECIPIENT shall cooperate and participate with COUNTY's fiscal review
18 process and comply with all final determinations rendered by the COUNTY's fiscal review process. If
19 COUNTY reaches an adverse decision regarding SUBRECIPIENT's services to consumers, it may result in
20 the disallowance of payment for services rendered; or in additional controls to the delivery of services, or in
21 the termination of this Agreement, at the discretion of COUNTY's DSS Director or his/her designee. If as a
22 result of COUNTY's fiscal review process a disallowance is discovered due to SUBRECIPIENT's
23 deficiency, SUBRECIPIENT shall be financially liable for the amount previously paid by COUNTY to
24 SUBRECIPIENT and this disallowance will be adjusted from SUBRECIPIENT's future payments, at the
25 discretion of COUNTY's DSS Director or his/her designee. In addition, COUNTY shall have the sole
26 discretion in the determination of fiscal review outcomes, decisions, and actions.
27 12. NOTICES
28 The persons and their addresses having authority to give and receive notices under this
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1 Agreement include the following:
2 COUNTY SUBRECIPIENT
Director, County of Fresno DSS President
3 205 W. Pontiac Way Boys & Girls Clubs of Fresno County
Buildinq 2 540 Auqusta St.
4 Clovis, CA 93612 Fresno, CA 93701
5 dssasu@fresnocountyca.gov dcarbray@beclubfc.org
6
7 All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this
8 Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
9 an overnight commercial courier service, by telephonic facsimile transmission (fax), or by electronic mail
10 (email). A notice delivered by personal service is effective upon service to the recipient. A notice delivered
11 by first-class United States mail is effective three COUNTY business days after deposit in the United States
12 mail, postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial courier
13 service is effective one COUNTY business day after deposit with the overnight commercial courier service,
14 delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient. A
15 notice delivered by fax or email is effective when transmission to the recipient is completed (but, if such
16 transmission is completed outside of COUNTY business hours, then such delivery shall be deemed to be
17 effective at the next beginning of a COUNTY business day), provided that the sender maintains a written
18 record of the completed transmission. For all claims arising out of or related to this Agreement, nothing in
19 this section establishes, waives, or modifies any claims presentation requirements or procedures provided
20 by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government
21 Code, beginning with section 810).
22 13. DISCLOSURE OF SELF-DEALING TRANSACTIONS
23 This provision is only applicable if the SUBRECIPIENT is operating as a corporation (a
24 for-profit or non-profit corporation) or if during the term of the agreement, the SUBRECIPIENT changes
25 its status to operate as a corporation.
26 Members of the SUBRECIPIENT's Board of Directors shall disclose any self-dealing
27 transactions that they are a party to while SUBRECIPIENT is providing goods or performing services
28 under this agreement. A self-dealing transaction shall mean a transaction to which the SUBRECIPIENT
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1 is a party and in which one or more of its directors has a material financial interest. Members of the
2 Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and
3 signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and incorporated
4 herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing
5 transaction or immediately thereafter.
6 14. ELECTRONIC SIGNATURE
7 The parties agree that this Agreement may be executed by electronic signature as provided
8 in this section. An "electronic signature" means any symbol or process intended by an individual signing this
9 Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
10 version of an original handwritten signature; or(3) an electronically scanned and transmitted (for example
11 by PDF document) of a handwritten signature. Each electronic signature affixed or attached to this
12 Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this
13 Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial
14 proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person.
15 The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the
16 Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1).
17 Each party using a digital signature represents that it has undertaken and satisfied the requirements of
18 Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other
19 party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the
20 transactions under it by electronic means and either party may sign this Agreement with an original
21 handwritten signature.
22 15. CHANGE OF LEADERSHIP/MANAGEMENT
23 In the event of any change in the status of SUBRECIPIENT's leadership or management,
24 SUBRECIPIENT shall provide written notice to COUNTY within thirty (30) days from the date of change.
25 Such notification shall include any new leader or manager's name, address and qualifications. "Leadership
26 or Management" shall include any employee, member or owner of SUBRECIPIENT who either a) directs
27 individuals providing services pursuant to this Agreement, b) exercises control over the manner in which
28 services are provided, or c) has authority over SUBRECIPIENT's finances.
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1 16. CONFIDENTIALITY
2 All services performed by SUBRECIPIENT under this Agreement shall be in strict
3 conformance with all applicable Federal, State of California, and/or local laws and regulations relating to
4 confidentiality.
5 17. DATA SECURITY
6 For the purpose of preventing the potential loss, misappropriation or inadvertent
7 disclosure of COUNTY data including sensitive or personal client information; abuse of COUNTY
8 resources; and/or disruption to COUNTY operations, individuals and/or agencies that enter into a
9 contractual relationship with COUNTY for the purpose of providing services under this Agreement must
10 employ adequate data security measures to protect the confidential information provided to
11 SUBRECIPIENT by COUNTY, including but not limited to the following:
12 A. Contractor-Owned Mobile/Wireless/Handheld Devices may not be
13 connected to COUNTY networks via personally owned mobile, wireless or handheld devices, except
14 when authorized by COUNTY for telecommuting and then only if virus protection software currency
15 agreements are in place, and if a secure connection is used.
16 B. Contractor-Owned Computers or Computer Peripherals may not brought
17 into COUNTY for use, including and not limited to mobile storage devices, without prior authorization
18 from COUNTY's Chief Information Officer or his/her designee. Data must be stored on a secure server
19 approved by COUNTY and transferred by means of a VPN (Virtual Private Network) connection, or
20 another type of secure connection of this type if any data is approved to be transferred.
21 C. County-Owned Computer Equipment— SUBRECIPIENT or anyone having
22 an employment relationship with COUNTY may not use COUNTY computers or computer peripherals
23 on non-COUNTY premises without prior authorization from COUNTY's Chief Information Officer or
24 his/her designee.
25 D. SUBRECIPIENT may not store COUNTY's private, confidential or sensitive
26 data on any hard-disk drive.
27 E. SUBRECIPIENT is responsible to employ strict controls to ensure the
28 integrity and security of COUNTY's confidential information and to prevent unauthorized access to data
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1 maintained in computer files, program documentation, data processing systems, data files and data
2 processing equipment which stores or processes COUNTY data internally and externally.
3 F. Confidential client information transmitted to one party by the other by
4 means of electronic transmissions must be encrypted according to Advanced Encryption Standards
5 (AES) of 128 BIT or higher. Additionally, a password or pass phrase must be utilized.
6 G. SUBRECIPIENT is responsible to immediately notify COUNTY of any
7 breaches or potential breaches of security related to COUNTY's confidential information, data
8 maintained in computer files, program documentation, data processing systems, data files and data
9 processing equipment which stores or processes COUNTY data internally or externally.
10 H. The requirements in this Data Security provision shall apply to
11 SUBRECIPIENT's subcontractor, if any.
12 18. CERTIFICATION REGARDING DEBARMENT, SUSPENSIONS, INELIGIBILITY AND
13 VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS
14 A. COUNTY and SUBRECIPIENT recognize that Federal or State assistance funds
15 may be used under the terms of this Agreement. For purposes of this section, SUBRECIPIENT will be
16 referred to as the "prospective recipient".
17 B. This certification is required by the regulation implementing Executive Order 12549,
18 Debarment and Suspension, 29 CFR Part 98, section 98.510, Participant's responsibilities.
19 1) The prospective recipient of Federal assistance funds certifies by entering
20 into this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for
21 debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
22 department or agency.
23 2) The prospective recipient of funds agrees by entering into this Agreement,
24 that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
25 suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless
26 authorized by the Federal department or agency with which this transaction originated.
27 3) Where the prospective recipient of Federal assistance funds is unable to
28 certify to any of the statements in this certification, such prospective participant shall attach an explanation
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1 to this Agreement.
2 4) The prospective recipient shall provide immediate written notice to COUNTY
3 if at any time prospective recipient learns that its certification in Section Eighteen (18) of this Agreement
4 was erroneous when submitted or has become erroneous by reason of changed circumstances.
5 5) The prospective recipient further agrees that by entering into this Agreement,
6 it will include a clause identical to Section Eighteen (18)of this Agreement, in all lower tier covered
7 transactions and in all solicitations for lower tier covered transaction.
8 6) The certification in Section Eighteen (18) of this Agreement is a material
9 representation of fact upon which COUNTY relied in entering into this Agreement.
10 19. CHILD ABUSE REPORTING
11 SUBRECIPIENT shall utilize a procedure acceptable to COUNTY to ensure that all of
12 SUBRECIPIENT's employees, volunteers, consultants, subcontractors or agents performing services
13 under this Agreement shall report all known or suspected child abuse or neglect to one or more of the
14 agencies set forth in Penal Code section 11165.9. This procedure shall include having all of
15 SUBRECIPIENT's employees, volunteers, consultants, subcontractors or agents performing services
16 under this Agreement sign a statement that he or she knows of and will comply with the reporting
17 requirements set forth in Penal Code section 11166. The statement to be utilized by SUBRECIPIENT is
18 set forth in Exhibit D, Notice of Child Abuse Reporting Law, attached hereto and by this reference
19 incorporated herein.
20 20. LICENSES
21 SUBRECIPIENT shall, throughout the term of this Agreement, maintain all necessary
22 licenses, permits, approvals, certificates, waivers and exemptions necessary for the provision of
23 services hereunder and required by the laws and regulations of the United States, State of California,
24 the COUNTY, and any other applicable governmental agencies. SUBRECIPIENT shall notify the
25 COUNTY immediately in writing of its inability to obtain or maintain all necessary licenses, permits,
26 approvals, certificates, waivers and exemptions, irrespective of the pendency of all appeal related
27 thereto. Additionally, the SUBRECIPIENT shall comply with all other applicable rules and regulations, as
28 may now exist or be hereinafter changed.
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1 21. LIMITED ENGLISH PROFICIENCY (LEP)
2 SUBRECIPIENT shall provide interpreting and translation services to persons
3 participating in SUBRECIPIENT's services who have limited or no English language proficiency,
4 including services to persons who are deaf or blind. Interpreter and translation services shall be
5 provided as necessary to allow such participants meaningful access to the programs, services and
6 benefits provided by SUBRECIPIENT. Interpreter and translation services, including translation of
7 SUBRECIPIENT's "vital documents" (those documents that contain information that is critical for
8 accessing SUBRECIPIENT's services or are required by law) shall be provided to participants at no cost
9 to the participant. SUBRECIPIENT shall ensure that any employees, agents, subcontractors, or partners
10 who interpret or translate for a program participant, or who directly communicate with a program
11 participant in a language other than English, demonstrate proficiency in the participant's language and
12 can effectively communicate any specialized terms and concepts peculiar to SUBRECIPIENT's
13 services.
14 22. RECRUITMENT OF EMPLOYEES AND SERVICE TO CLIENTS
15 SUBRECIPIENT shall ensure that its employment recruitment efforts relating to this
16 Agreement, including administrative and professional staff positions, are carried out so as to adequately
17 reflect the cultural and ethnic diversity of the population of Fresno County. The SUBRECIPIENT, in the
18 performance of this Agreement, shall use its best efforts to serve all cultural and ethnic groups residing
19 in Fresno County. SUBRECIPIENT's employment efforts relating to this Agreement will be monitored by
20 the COUNTY at periodic intervals.
21 23. RECORDS
22 A. Record Establishment and Maintenance:
23 SUBRECIPIENT shall establish and maintain records in accordance with those
24 requirements prescribed by COUNTY, with respect to all matters covered by this Agreement.
25 SUBRECIPIENT shall retain all fiscal books, account records, and client files for services performed
26 under this Agreement for at least five (5) years from the date of the final payment under this Agreement
27 or until all State and Federal audits are completed for that fiscal year, whichever is later.
28
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1 B. Cost Documentation:
2 1) SUBRECIPIENT shall submit to COUNTY within ten (10) calendar days
3 following the end of each month, all fiscal and program reports for that month. SUBRECIPIENT shall
4 also furnish to COUNTY such statements, records, data and information as COUNTY may request
5 pertaining to matters covered by this Agreement. In the event that SUBRECIPIENT fails to provide
6 reports as provided herein, it shall be deemed sufficient cause for COUNTY to withhold payments until
7 compliance is established.
8 2) All costs shall be supported by properly executed payrolls, time records,
9 invoices, vouchers, orders, or any other accounting documents pertaining in whole or in part to this
10 Agreement and they shall be clearly identified and readily accessible. The support documentation must
11 indicate the line budget account number to which the cost is charged.
12 3) COUNTY shall notify SUBRECIPIENT in writing within thirty (30) days of any
13 potential State or Federal audit exception discovered during an examination. Where findings indicate
14 that program requirements are not being met and State or Federal participation in this program may be
15 imperiled in the event that corrections are not accomplished by SUBRECIPIENT within thirty (30) days of
16 receipt of such notice from COUNTY, written notification thereof shall constitute COUNTY'S intent to
17 terminate this Agreement.
18 C. Service Documentation:
19 SUBRECIPIENT agree to maintain records to verify services under this
20 Agreement including names and addresses of clients served, the dates of service and a description of
21 services provided on each occasion. These records and any other documents pertaining in whole or in
22 part to this Agreement shall be clearly identified and readily accessible.
23 D. CDBG Eligibility and Reporting Requirements:
24 COUNTY's failure to inform SUBRECIPIENT that CDBG funds are provided under
25 this Agreement or of any reporting requirements shall not relieve SUBRECIPIENT of compliance with any
26 CDBG eligibility and reporting requirements. SUBRECIPIENT agrees, in accordance with the requirements
27 of the CDBG Program, that least fifty-one (51%)of beneficiaries of SUBRECIPIENT's activities provided
28 under this Agreement shall be low and moderate income persons as defined by having a maximum income
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1 of no more than 80% of the County Median Income as shown in Exhibit E, Income Limits, attached hereto
2 and by this reference incorporated herein. COUNTY may inform SUBRECIPIENT of changes in County
3 Median Income limits; however, it is the SUBRECIPIENT's sole responsibility to remain informed and
4 compliant of these changes. SUBRECIPIENT agrees that one hundred percent (100%) of beneficiaries of
5 SUBRECIPIENT's activities provided under this Agreement shall reside in unincorporated areas of Fresno
6 County and/or the partner cities as defined in Exhibit F, CDBG Partner Cities, attached hereto and by this
7 reference incorporated herein and all beneficiaries shall reside in Fresno County. SUBRECIPIENT further
8 agrees that if income and residence requirements as stated are not met by SUBRECIPIENT's beneficiaries,
9 SUBRECIPIENT shall be liable for immediate repayment of all CDBG funds received under this Agreement
10 to the COUNTY CDBG Program. The monthly activity report submitted, as specified in Section Twenty-
11 Three. B (23.13) of this Agreement, to COUNTY by SUBRECIPIENT must contain the following information
12 for federal reporting purposes:
13 1) Total number of households/persons assisted;
14 2) Total number of households/persons assisted that are:
15 a. Low and moderate income [eighty percent (80%) of the County
16 median];
17 b. Very low income [fifty percent (50%) of the County median];
18 C. Extremely low income [thirty percent (30%) of the County median];
19 d. American Indian or Alaska Native;
20 e. Asian;
21 f. Black or African American;
22 g. Native Hawaiian or Other Pacific Islander;
23 h. White;
24 i. American Indian or Alaska Native and White;
25 j. Asian and White;
26 k. Black or African American and White;
27 I. American Indian or Alaska Native and Black or African American;
28 M. Balance/Other (individuals not included in any Single Race or
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1 Multiple Race Categories above);
2 n. Hispanic—Yes or No (cuts across all races— individuals counted
3 as Hispanic must also be included in one of the race categories above);
4 0. Female Head of Household;
5 P. Disabled;
6 q. Persons assisted with new access to this service/benefit;
7 r. Persons assisted with improved access to this service/benefit; and
8 S. Persons receiving a service/benefit that is no longer substandard.
9 24. CHARITABLE CHOICE
10 SUBRECIPIENT may not discriminate in its program delivery against a client or potential
11 client on the basis of religion or religious belief, a refusal to hold a religious belief, or a refusal to actively
12 participate in a religious practice. Any specifically religious activity or service made available to
13 individuals by the SUBRECIPIENT must be voluntary as well as separate in time and location from
14 County funded activities and services. SUBRECIPIENT shall inform COUNTY as to whether it is faith-
15 based. If SUBRECIPIENT identifies as faith-based, they must submit to COUNTY a copy of its policy on
16 referring individuals to alternate treatment SUBRECIPIENT, and include a copy of this policy in their
17 client admission forms. The policy must inform individuals that they may be referred to an alternative
18 provider if they object to the religious nature of the program, and include a notice to COUNTY.
19 Adherence to this policy will be monitored during annual site reviews, and a review of client files. If
20 SUBRECIPIENT identifies as faith-based, by July 1 of each year SUBRECIPIENT will be required to
21 report to COUNTY the number of individuals who requested referrals to alternate providers based on
22 religious objection.
23 25. DRUG-FREE WORKPLACE REQUIREMENTS
24 For purposes of this paragraph, SUBRECIPIENT will be referred to as the "grantee". By
25 drawing funds against this grant award, the grantee is providing the certification that is required by
26 regulations implementing the Drug-Free Workplace Act of 1988, 7 CFR Part 3017, Subpart F. These
27 regulations require certification by grantees that they will maintain a drug-free workplace. False
28 certification or violation of the certification shall be grounds for suspension of payments, suspension or
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1 termination of grants, or government wide suspension or debarment. SUBRECIPIENT shall also comply
2 with the requirements of the Drug-Free Workplace Act of 1990 (California Government Code section
3 8350 et seq.)
4 26. CONFLICT OF INTEREST
5 No officer, agent, or employee of COUNTY who exercises any function or responsibility
6 for planning and carrying out the services provided under this Agreement shall have any direct or
7 indirect personal financial interest in this Agreement. In addition, no employee of COUNTY shall be
8 employed by SUBRECIPIENT to fulfill any contractual obligations with COUNTY. SUBRECIPIENT shall
9 also comply with all Federal, State of California and local conflict of interest laws, statutes, and
10 regulations, which shall be applicable to all parties and beneficiaries under this Agreement and any
11 officer, agent, or employee of COUNTY.
12 27. CLEAN AIR AND WATER
13 In the event the funding under this Agreement exceeds One Hundred Thousand and No/100
14 Dollars ($100,000.00), SUBRECIPIENT shall comply with all applicable standards, orders, or requirements
15 issued under the Clean Air Act contained in 42 U.S. Code 7601 et seq.; the Clean Water Act contained in
16 33 U.S. Code 1368 et seq.; and any standards, laws, and regulations promulgated thereunder. Under these
17 laws and regulations, SUBRECIPIENT shall assure:
18 A. No facility shall be utilized in the performance of the Agreement that has been listed
19 on the Environmental Protection Agency (EPA) list of Violating Facilities;
20 B. COUNTY shall be notified prior to execution of this Agreement of the receipt of any
21 communication from the Director, Office of Federal Activities, U.S. EPA indicating that a facility to be utilized
22 in the performance of this Agreement is under consideration to be listed on the EPA list of Violating
23 Facilities; and
24 C. COUNTY and U.S. EPA shall be notified about any known violation of the above
25 laws and regulations.
26 28. STATE ENERGY CONSERVATION
27 SUBRECIPIENT must comply with the mandatory standard and policies relating to energy
28 efficiency, which are contained in the State Energy Conservation Plan, issued in compliance with 42 United
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1 States (US) Code section 6201, et seq.
2 29. LOBBYING AND POLITICAL ACTIVITY
3 None of the funds provided under this Agreement shall be used for publicity, lobbying or
4 propaganda purposes designed to support or defeat legislation pending in the Congress of the United
5 States of America or the Legislature of the State of California.
6 SUBRECIPIENT shall not directly or indirectly use any of the funds under this Agreement
7 for any political activity or to further the election or defeat of any candidate for public office.
8 30. FRATERNIZATION
9 SUBRECIPIENT shall establish procedures addressing fraternization between
10 SUBRECIPIENT's staff and clients. Such procedures will include provisions for informing
11 SUBRECIPIENT's staff and clients regarding fraternization guidelines.
12 31. INTERPRETATION OF LAWS AND REGULATIONS
13 COUNTY reserves the right to make final interpretations or clarifications on issues relating
14 to Federal and State laws and regulations, to ensure compliance.
15 32. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
16 SUBRECIPIENT, its officers, consultants, subcontractors, agents and employees shall
17 comply with all applicable State, Federal and local laws, regulations, and executive orders, as well as
18 Federal policies, procedures, and directives governing projects that utilize State and Federal Funds.
19 This includes laws, rules and regulations that pertain to construction, health and safety, labor, fair
20 employment practices, environmental protection, equal opportunity, fair housing, and all other matters
21 applicable or related to SUBRECIPIENT's services, the SUBRECIPIENT, its subcontractors, and all
22 eligible activities.
23 SUBRECIPIENT shall be responsible for obtaining all permits, licenses, and approvals
24 required for performing any activities under this Agreement, including those necessary to perform
25 design, implementation, operation, and maintenance of the activities. SUBRECIPIENT shall be
26 responsible for observing and complying with any applicable federal, state, and local laws, rules, and
27 regulations affecting any such work, specifically those including, but not limited to, environmental
28 protection, procurement, and safety laws, rules, regulations, and ordinances. SUBRECIPIENT shall
-19-
1 provide copies of permits and approvals to COUNTY upon request.
2 33. PERSONNEL DISCLOSURE
3 SUBRECIPIENT, upon request, shall make available to COUNTY a current list of all
4 personnel providing services hereunder. Changes to this list will be immediately provided to COUNTY in
5 writing. The list shall provide the following information:
6 A. All full or part-time staff positions by title whose direct services are required to
7 provide the programs described herein;
8 B. A brief description of the functions of each such position and hours each person in
9 such position works each week or, for part-time positions, each day or month, as appropriate;
10 C. The education and experience levels required for each position; and
11 D. The names of persons filling the identified positions.
12 34. PROHIBITION ON PUBLICITY
13 None of the funds, materials, property or services provided directly or indirectly under this
14 Agreement shall be used for SUBRECIPIENT's advertising, fundraising, or publicity (i.e., purchasing of
15 tickets/tables, silent auction donations, etc.)for self-promotion. Notwithstanding the above, publicity of the
16 services described in Section One (1) of this Agreement shall be allowed as necessary to raise public
17 awareness about the availability of such specific services when approved in advance by the Director or
18 his/her designee and at a cost as provided by SUBRECIPIENT in writing for such items as written / printed
19 materials, the use of media (i.e., radio, television, newspapers) and any other related expense(s).
20 35. SINGLE AUDIT CLAUSE
21 If SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000)
22 or more in Federal and Federal flow-through monies, SUBRECIPIENT agrees to conduct an annual
23 audit in accordance with the requirements of the Single Audit Standards as set forth in Office of
24 Management and Budget (OMB) Title 2 of the Code of Federal Regulations Part 200. SUBRECIPIENT
25 shall submit said audit and management letter to COUNTY. The audit must include a statement of
26 findings or a statement that there were no findings. If there were negative findings, SUBRECIPIENT
27 must include a corrective action plan signed by an authorized individual. SUBRECIPIENT agrees to take
28 action to correct any material non-compliance or weakness found as a result of such audit. Such audit
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1 shall be delivered to COUNTY's DSS, Administration, for review within nine (9) months of the end of any
2 fiscal year in which funds were expended and/or received for the program. Failure to perform the
3 requisite audit functions as required by this Agreement may result in COUNTY performing the necessary
4 audit tasks, or at COUNTY's option, contracting with a public accountant to perform said audit, or, may
5 result in the inability of COUNTY to enter into future agreements with SUBRECIPIENT. All audit costs
6 related to this Agreement are the sole responsibility of SUBRECIPIENT.
7 A. A single audit report is not applicable if all SUBRECIPIENT's Federal contracts
8 do not exceed the Seven Hundred Fifty Thousand Dollars ($750,000) requirement or SUBRECIPIENT's
9 funding is through Drug related Medi-Cal. If a single audit is not applicable, a program audit must be
10 performed and a program audit report with management letter shall be submitted by SUBRECIPIENT to
11 COUNTY as a minimum requirement to attest to SUBRECIPIENT's solvency. Said audit report shall be
12 delivered to COUNTY's DSS, Accounting Office, for review no later than nine (9) months after the close
13 of the fiscal year in which the funds supplied through this Agreement are expended. Failure to comply
14 with this Act may result in COUNTY performing the necessary audit tasks or contracting with a qualified
15 accountant to perform said audit. All audit costs related to this Agreement are the sole responsibility of
16 SUBRECIPIENT who agrees to take corrective action to eliminate any material noncompliance or
17 weakness found as a result of such audit. Audit work performed by COUNTY under this paragraph shall
18 be billed to the SUBRECIPIENT at COUNTY cost, as determined by COUNTY's Auditor-
19 Controller/Treasurer-Tax Collector.
20 B. SUBRECIPIENT shall make available all records and accounts for inspection by
21 COUNTY, the State of California, if applicable, the Comptroller General of the United States, the Federal
22 Grantor Agency, or any of their duly authorized representatives, at all reasonable times for a period of at
23 least three (3) years following final payment under this Agreement or the closure of all other pending
24 matters, whichever is later.
25 36. NON-DISCRIMINATION
26 During the performance of this Agreement SUBRECIPIENT shall not unlawfully discriminate
27 against any employee or applicant for employment, or recipient of services, because of ethnic group
28 identification, gender, gender identity, gender expression, sexual orientation, color, physical disability,
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1 mental disability, medical condition, national origin, race, ancestry, marital status, religion, or religious
2 creed, pursuant to all applicable State of California and Federal statutes and regulations.
3 37. GRIEVANCES
4 SUBRECIPIENT shall establish procedures for handling client complaints and/or
5 grievances. Such procedures will include provisions for informing clients of their rights to a State
6 Hearing to resolve such issues when appropriate.
7 38. PUBLIC INFORMATION
8 SUBRECIPIENT shall disclose COUNTY as a funding source in all information and program
9 materials developed in support of contracted services.
10 39. GOVERNING LAW
11 Venue for any action arising out of or related to this Agreement shall only be in Fresno
12 County, California. The rights and obligations of the parties and all interpretation and performance of this
13 Agreement shall be governed in all respects by the laws of the State of California.
14 40. SEVERABILITY
15 The provisions of this Agreement are severable. The invalidity or unenforceability of any one
16 provision in the Agreement shall not affect the other provisions.
17 41. ENTIRE AGREEMENT
18 This Agreement constitutes the entire agreement between the SUBRECIPIENT and
19 COUNTY with respect to the subject matter hereof and supersedes all previous Agreement negotiations,
20 proposals, commitments, writings, advertisements, publications, and understanding of any nature
21 whatsoever unless expressly included in this Agreement.
22
23
24
25
26
27
28
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I IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
3 SUBRECIPIEN`I': COUNTY OP � .SNO
4
5 By � By:
Stev ffir- au, Chairman of the
6 Print Name: dI _a e ! Board of Supervisors of the
7 County of Fresno
Title: 'L�ra-w"'wt� �-V_raR..�
8 Chairman of the Board,or
President,or any Vice President
9
10 ATTEST:
11 By Bernice E. Seidel
Clerk of the Board of Supervisors
12 Print Name:_ b l k t" aa-�rul County of Fresno,State of California
13 Title: `J xaa-%.-1 [c6b By: &3,.ZL
14 Secretary(of Corporation),or Deputy
any Assistant Secretary,or
15 Chief Financial Officer,or
16 any Assistant Treasurer
17
Mailing Address:
18 540 Augusta Street
19 Fresno, CA 93701
(559)266-3 117
20 Contact: President
21
22 For accounting use only:
Fund/Subclass: 0001/10000
23 Organization: 56107001
24 Account/Program: 7870/0
25
26
27
28
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Exhibit A
Page 1 of 3
I. LEGAL NAME OF ORGANIZATION: Boys and Girls Clubs of Fresno County
PROJECT TITLE: Beat the Streets
AGENCY ADDRESS: 540 N.Augusta Fresno, CA 93701
CONTRACT PERIOD: September 1, 2021 to August 31, 2022
September 1, 2022 to August 31, 2023
September 1, 2023 to August 31, 2024
TOTAL BUDGET FOR THIS PROJECT BY INCOME SOURCE:
SOURCE FUNDING PERIOD AMOUNT
County CDBG 9/1/2021—8/31/2022 $42,842.00
County CDBG 9/1/2022—8/31/2023 $42,842.00
County CDBG 9/1/2023—8/31/2024 $42,842.00
Total $128,526.00
II. PROJECT DESCRIPTION:
This project will target 372 underserved youth, ages 6-18, in the Community Development Block Grant
(CDBG) partner cities of Sangar and Selma, and the unincorporated city of Del Rey through the "Beat the
Streets" program.The supervised and structured recreational and educational components of the
program include the following;
• "Triple Play"-Sports and recreational programs are offered at each club with access to playing
fields, gymnasiums and game rooms with foosball, pool tables and board games;
• "SMART Moves"-Skills Mastery and Resistance Training (SMART)will teach youth how to avoid
at-risk behaviors including drug and alcohol prevention and developing gang resistance skills;
• "Power Hour"-After school mentoring and homework help. Youth will be able to bring in their
homework and use the computer lab to research and complete assignments. Each club has
library books available to the youth and provides literacy and reading assistance from staff.
III. PROJECT PERSONNEL
Listing of positions involved in project:
Title/Position Number of Positions Percent of time on project
Unit Director- Del Rey 1 30%
Unit Director-Sanger 1 30%
Unit Director—Selma 1 30%
Program Assistant- Del Rey 1 30%
Program Assistant-Sanger 1 30%
Program Assistant-Selma 1 30%
Exhibit A
Page 2 of 3
IV. TARGET POPULATION
Boys and Girls Clubs of Fresno County estimates one hundred twenty-four(124) unduplicated clients will
be served throughout each program year. Demographic data (i.e. gender, age, ethnicity and city of
residence) will be documented and provided to the County as part of CDBG data reporting
requirements.
V. OUTCOMES
A. Long-Term Outcomes:
• Youth will be promoted to the next grade level and graduate high school;
• Youth will avoid gang involvement and drug use and develop resistance skills; and
• Youth will lead healthy, active lives in the communities of Del Rey, Sanger and Selma.
1. Short-Term Outcome:
Each program year, 124 targeted youth from Del Rey, Sanger and Selma will participate in sports
and recreational activities.Youth will attend "Triple Play" sessions, and Outcome Indicators will
be measured through the Boys &Girls Clubs' Membership Tracking system on program
participation, attendance and qualitative data.
a. Specific Activity:
Youth involved with "Triple Play"will learn to appreciate and practice a physically active and
healthy lifestyle. "Triple Play" will be implemented during the Fall and Spring sessions over
the lifetime of the agreement. Each session will last 14 weeks.
i. Outcome Indicators
Each program year, of the 124 youth participants;
• 95%will display self-awareness activities to develop healthy lifestyles;
• 95%will participate actively in social and recreational activities.
2. Short-Term Outcome:
Each program year, 124 targeted youth from the Del Rey, Sanger and Selma clubs will
participate in "SMART Moves" group sessions to learn about the dangers of at-risk behaviors like
gang activity and drug use. Pre-and Post-tests will measure knowledge gained and Membership
Tracking will document the number of participants at each session.
b. Specific Activity:
Youth from Del Rey, Sanger and Selma will receive lessons in self-efficacy, resilience, and
escape skills when encountering gang activity. 14 sessions will be held throughout the Fall
and Spring, at each of the three Clubs per program year.
ii. Outcome Indicators
Each program year, of the 124 youth participants;
• 60%will express new knowledge of the dangers of gang activity and in the areas of
alcohol,tobacco, and other drug abuse, as measured by pre and post-tests; and
• 90%will receive training in refusal techniques useful for avoiding risky situations.
Exhibit A
Page 3 of 3
3. Short-Term Outcome
156 targeted youth from the Del Rey, Sanger and Selma clubs will participate in "Power Hour"
receiving homework help, mentoring and reading assistance, as measured by the Membership
Tracking system.
c. Specific Activity:
"Power Hour" will help youth achieve academic success by providing homework help,
tutoring and high-yield learning activities to encourage youth to become self-directed
learners.
iii. Outcome Indicators
Each program year, of the 124 youth participants;
• 90%will be on track to be promoted to the next grade level, as measured by
students self-reporting, parents, or staff qualitative observations regarding
graduations or promotions to the next grade;
• 90%will spend more time studying, as measured by participation in program; and
• 90%will complete and turn in school homework assignments, as they are
completed during Power Hour.
VI. SUBRECIPIENT RESPONSIBILITIES
In addition to the activities listed above:
A. SUBRECIPIENT will complete and submit monthly activity reports in a manner determined by DSS;
B. SUBRECIPIENT will provide annual Civil Rights training to their staff in the beginning of every
calendar year and will provide relevant proof to COUNTY by April 1.
VII. COUNTY RESPONSIBILITIES
Coordinate at minimum quarterly meetings with SUBRECIPIENT to ensure compliance with CFR 200
requirements and discuss program outcomes and progress and work collaboratively in the coordination
of services.
Page 1 of 12
EXHIBIT B
BUDGET SUMMARY September 1, 2021 -August 31, 2022
VENDOR NAME: Boys & Girls Clubs of Fresno County
CATEGORY BUDGET ITEM # TOTAL
Salaries 0100 $ 36,306.00
Payroll Taxes 0150 $ 2,777.41
Benefits 0200 $
SUBTOTAL: $ 39,083.41
SERVICES & SUPPLIES
Insurance 0250 $ 2,670.91
Communications 0300 $
Office Expense 0350 $ 5.00
Equipment 0400 $
Facilities 0450 $
Travel Costs 0500 $ 5.00
Program Supplies 0550 $ 1,077.68
Consultancy/Subcontracts 0600 $
Fiscal & Audits 0650 $
Training 0660 $
Indirect Costs 0700 $
SUBTOTAL: $ 3,758.59
TOTAL EXPENSES: $ 42,842.00
Page 2 of 12
BUDGET DETAIL September 1, 2021 -August 31, 2022 (Personnel)
VENDOR NAME: Boys & Girls Clubs of Fresno County
SALARIES
/o
o Monthly of Time on Number of Salary/Wages Funds
Position Project Months Salary/ Hourly Requested
Wages
Unit Director Del Rey 30% 12 2,240.00 $ 8,064.00
Unit Director Sanger 30% 12 2,100.00 $ 7,560.00
Unit Director Selma 30% 12 2,345.00 $ 8,442.00
Program Asst - Del 30% 12 1,120.00 $ 4,032.00
Rey
Program Asst - 30% 12 1,160.00 $ 4,176.00
Sanger
Program Asst - Selma 30% 12 1,120.00 $ 4,032.00
Total Salaries/Wages $ 36,306.00
BENEFITS (Health Ins; Life Ins; Retirement; Other benefits)
Benefit Item (Calculation) Item Total
TOTAL SALARIES AND BENEFITS: $ 36,306.00
Page 3 of 12
BUDGET DETAIL September 1, 2021 -August 31, 2022 (Services and Supplies)
VENDOR NAME: Boys & Girls Clubs of Fresno County
BUDGET LINE CATEGORY &
ITEM DESCRIPTION/ SUBTOTAL TOTAL
CALCULATION
Insurance
General Liability Del Rey $ 52.16 $ 625.94
General Liability Sanger $ 53.05 $ 636.55
General Liability Selma $ 52.60 $ 631.25
Workers Comp Del Rey $ 12.82 $ 153.84
Workers Comp Sanger $ 26.14 $ 313.61
Workers Comp Selma $ 25.81 $ 309.72
TOTAL EXPENSES $ 222.58 $ 2,670.91
Page 4 of 12
BUDGET DETAIL NARRATIVE September 1, 2021 -August 31, 2022
VENDOR NAME: Boys & Girls Clubs of Fresno County
Explain the amounts entered in the Proposed Budget Detail. A clear and concise narrative
shall provide a detailed explanation of the proposed budget amount that will be spent on each
budget line item. There is no recommendation for page length.
Expenses will include a portion of Salaries for 1 Unit Director and 1 Program Assistant at each
location of Del Rey, Sanger and Selma. Payroll taxes were calculated at 7.65% of Gross
Salaries. Expenses include a portion of the cost for General Liability and Worker's
Compensation insurance. We allocated a portion for expenses in Program Supplies for each
location. The majority of the expenses will be incurred in Salaries. We have included no
Indirect Costs. The amount of the budget excludes our Club office equipment and costs for
the facilities. This grant will be used for Direct Costs for Program Staff to run the programs
detailed in the proposal. We have included $5.00 in Office Expense and Travel Costs in the
budget year as a placeholder.
Page 5 of 12
BUDGET SUMMARY September 1, 2022 -August 31, 2023
VENDOR NAME: Boys & Girls Clubs of Fresno County
CATEGORY BUDGET ITEM # TOTAL
Salaries 0100 $ 38,682.00
Payroll Taxes 0150 $ 2,948.85
Benefits 0200 $
SUBTOTAL: $ 41,630.85
SERVICES & SUPPLIES
Insurance 0250 $ 1,201.15
Communications 0300 $
Office Expense 0350 $ 5.00
Equipment 0400 $
Facilities 0450 $
Travel Costs 0500 $
Program Supplies 0550 $ 5.00
Consultancy/Subcontracts 0600 $
Fiscal &Audits 0650 $
Training 0660 $
Indirect Costs 0700 $
SUBTOTAL: $ 1,211.15
TOTAL EXPENSES: $ 42,842.00
Page 6 of 12
BUDGET DETAIL September 1, 2022 -August 31, 2023 (Personnel)
VENDOR NAME: Boys & Girls Clubs of Fresno County
SALARIES
°/° Salary/ Hourly Monthly
of Time on Number of Salary/Wages Funds
Position Project Months Requested
Wages
Unit Director Del
Rey 30% 12 2,380.00 $ 8,568.00
Unit Director Sanger 30% 12 2,240.00 $ 8,064.00
Unit Director Selma 30% 12 2,485.00 $ 8,946.00
Program Asst - Del 30% 12 1,200.00 $ 4,320.00
Rey
Program Asst - 30% 12 1,240.00 $ 4,464.00
Sanger
Program Asst - 30% 12 1,200.00 $ 4,320.00
Selma
Total Salaries/Wages $ 38,682.00
BENEFITS (Health Ins; Life Ins; Retirement; Other benefits)
Benefit Item (Calculation) Item Total
TOTAL SALARIES AND BENEFITS: $ 38,682.00
Page 7 of 12
BUDGET DETAIL September 1, 2022 -August 31, 2023 (Services and Supplies)
VENDOR NAME: Boys & Girls Clubs of Fresno County
BUDGET LINE CATEGORY &
ITEM DESCRIPTION/ SUBTOTAL TOTAL
CALCULATION
Insurance
General Liability Del Rey $ 33.60 $ 403.15
General Liability Sanger $ 32.02 $ 384.24
General Liability Selma $ 34.48 $ 413.76
TOTAL EXPENSES $ 100.10 $ 1,201.15
Page 8 of 12
BUDGET DETAIL NARRATIVE September 1, 2022 -August 31, 2023
VENDOR NAME:
Explain the amounts entered in the Proposed Budget Detail. A clear and concise narrative
shall provide a detailed explanation of the proposed budget amount that will be spent on each
budget line item. There is no recommendation for page length.
Expenses for Salaries include a state-mandated $1.00 per hour increase over the fiscal year
July 1, 2022 to June 30, 2023 in a portion of Salaries for 1 Unit Director and 1 Program
Assistant at each location of Del Rey, Sanger and Selma. Payroll taxes were calculated at
7.65% of Gross Salaries. Expenses include a portion of the cost for General Liability and
Worker's Compensation insurance. We allocated a portion for expenses in Program
Supplies for each location. The majority of the expenses will be incurred in Salaries. We
have included no Indirect Costs. The amount of the budget excludes our Club office
equipment and costs for the facilities. This grant will be used for Direct Costs for Program
Staff to run the programs detailed in the proposal. We have included $5.00 in Office Expense
and Program Supplies in the budget year as a placeholder.
Page 9 of 12
BUDGET SUMMARY September 1, 2023 -August 31, 2024
VENDOR NAME: Boys & Girls Clubs of Fresno County
CATEGORY BUDGET ITEM # TOTAL
Salaries 0100 $ 38,682.00
Payroll Taxes 0150 $ 2,948.85
Benefits 0200 $
SUBTOTAL: $ 41,630.85
SERVICES & SUPPLIES
Insurance 0250 $ 1,201.15
Communications 0300 $
Office Expense 0350 $ 5.00
Equipment 0400 $
Facilities 0450 $
Travel Costs 0500 $
Program Supplies 0550 $ 5.00
Consultancy/Subcontracts 0600 $
Fiscal & Audits 0650 $
Training 0660 $
Indirect Costs 0700 $
SUBTOTAL: $ 1,211.15
TOTAL EXPENSES: $ 42,842.00
Page 10 of 12
BUDGET DETAIL September 1, 2023 -August 31, 2024 (Personnel)
VENDOR NAME: Boys & Girls Clubs of Fresno County
SALARIES
/o
o Monthly of Time on Number of Salary/Wages Funds
Position Project Months Salary/ Hourly Requested
Wages
Unit Director Del Rey 30% 12 2,380.00 $ 8,568.00
Unit Director Sanger 30% 12 2,240.00 $ 8,064.00
Unit Director Selma 30% 12 2,485.00 $ 8,946.00
Program Asst - Del 30% 12 1,200.00 $ 4,320.00
Rey
Program Asst - Sanger 30% 12 1,240.00 $ 4,464.00
Program Asst - Selma 30% 12 1,200.00 $ 4,320.00
Total Salaries/Wages $ 38,682.00
BENEFITS (Health Ins; Life Ins; Retirement; Other benefits)
Benefit Item (Calculation) Item Total
TOTAL SALARIES AND BENEFITS: $ 38,682.00
Page 11 of 12
BUDGET DETAIL September 1, 2023 -August 31, 2024 (Services and Supplies)
VENDOR NAME: Boys & Girls Clubs of Fresno County
BUDGET LINE CATEGORY &
ITEM DESCRIPTION/ SUBTOTAL TOTAL
CALCULATION
Insurance
General Liability Del Rey $ 33.60 $ 403.15
General Liability Sanger $ 32.02 $ 384.24
General Liability Selma $ 34.48 $ 413.76
TOTAL EXPENSES $ 100.10 $ 1,201.15
Page 12 of 12
BUDGET DETAIL NARRATIVE September 1, 2023 -August 31, 2024
VENDOR NAME: Boys & Girls Clubs of Fresno County
Explain the amounts entered in the Proposed Budget Detail. A clear and concise narrative
shall provide a detailed explanation of the proposed budget amount that will be spent on each
budget line item. There is no recommendation for page length.
Expenses will include a portion of Salaries for 1 Unit Director and 1 Program Assistant at
each location of Del Rey, Sanger and Selma. Payroll taxes were calculated at 7.65% of
Gross Salaries. Expenses include a portion of the cost for General Liability and Worker's
Compensation insurance. We allocated a portion for expenses in Program Supplies for each
location. The majority of the expenses will be incurred in Salaries. We have included no
Indirect Costs. The amount of the budget excludes our Club office equipment and costs for
the facilities. This grant will be used for Direct Costs for Program Staff to run the programs
detailed in the proposal. We have included $5.00 in Office Expense and Program Supplies in
the budget year as a placeholder.
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 2 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:
Exhibit D
Page 1 of 1
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 Transitions
Children's Services (PROVIDER) related to provision of Resource Family Approval
Family Evaluations and Written Reports 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.0 §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
0872fcfx
Exhibit E
Page 1 of 1
EXHIBIT E - INCOME LIMITS
2020
Affordable Housing Programs
INCOME LIMITS
Effective July 1, 2020
Maximum Family Yearly Income
Family 30% 50% 60% 65% 80% 100% 120%
Size
1 $ 14,700 $ 24,500 $ 29,400 $ 31,800 $ 39,150 $ 48,930 $ 58,720
2 $ 16,800 $ 28,000 $ 33,600 $ 36,350 $ 44,750 $ 55,930 $ 67,120
3 $ 18,900 $ 31,500 $ 37,800 $ 40,900 $ 50,350 $ 62,930 $ 75,520
4 $ 20,950 $ 34,950 $ 41,940 $ 45,410 $ 55,900 $ 69,870 $ 83,850
5 $ 22,650 $ 37,750 $ 45,300 $ 49,070 $ 60,400 $ 75,500 $ 90,600
6 $ 24,350 $ 40,550 $ 48,660 $ 52,690 $ 64,850 $ 81,060 $ 97,270
7 $ 26,000 $ 43,350 $ 52,020 $ 56,340 $ 69,350 $ 86,680 $ 104,020
8 $ 27,700 $ 46,150 $ 55,380 $ 59,960 $ 73,800 $ 92,250 $ 110,700
Family Maximum Family Monthly Income
Size@ 1 2 3 4 5 6 7
80%
$ 3,263 $ 3,729 $ 4,196 $ 4,658 $ 5,033 $ 5,404 $ 5,779
Exhibit F
Page 1 of 1
CDBG Partner Cities
Federal funding administered through Housing and Urban Development (HUD). At least 51% of
clientele benefiting from public services funded by CDBG must be LMI income persons (income
must be verified) and MUST be residents of unincorporated areas in Fresno County and/or the
following partner cities;
• Fowler
• Kerman
• Kingsburg
• Mendota
• Reedley
• Sanger
• Selma