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HomeMy WebLinkAboutAgreement A-21-314 with WSY.pdf-1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A G R E E M E N T THIS AGREEMENT (“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 WESTSIDE YOUTH, INC., a California Private Non-Profit Corporation, whose address is 1709 7th Street, Mendota, CA. 93640, hereinafter referred to as "SUBRECIPIENT". W I T N E S S E T H: WHEREAS, COUNTY, through its Department of Social Services (DSS), has been designated to administer and implement the Community Development Block Grant (CDBG) social service activities, in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California; and WHEREAS, the Fresno County Board of Supervisors has determined that certain eligible social service activities for health, welfare, social development, and Probation be funded, including the social services provided in this Agreement; and WHEREAS, such social service may prevent persons and families from becoming recipients of public assistance, reduce delinquency and crime, and contribute to the overall welfare of COUNTY’s economy; and WHEREAS, SUBRECIPIENT has submitted a program plan that will provide social services consistent with the intent and purpose of said provisions of Title I of the Housing and Community Development Act of 1974 [42 United States Code (U.S.C.), Chapter 69, §§ 5301, et seq.] as amended. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties hereto agree as follows: 1.SERVICES A.SUBRECIPIENT shall provide all services set forth in Exhibit A, Summary of Services, attached hereto and by this reference incorporated herein. B.SUBRECIPIENT shall perform all services and fulfill all responsibilities as identified in COUNTY’s Request for Proposal (RFP) No. 21-052 dated May 5, 2021, hereinafter referred to as COUNTY’s RFP 21-052, and SUBRECIPIENT’s response to said RFP, all incorporated herein and by reference made part of this Agreement. Agreement No. 21-314 10th August -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C.In the event of any inconsistency among the documents described in Paragraphs 1.A and 1.B herein above, the inconsistency shall be resolved by giving precedence in the following order of priority: 1) to this Agreement, including all Exhibits attached hereto; 2) to COUNTY’s RFP 21-052; and 3) to SUBRECIPIENT’s Response to RFP. A copy of COUNTY’s RFP 21-052 and SUBRECIPIENT’s response shall be retained and made available during the term of this Agreement by COUNTY. 2.TERM The term of this Agreement shall be for a period of three (3) years, commencing on September 1, 2021 through and including August 31, 2024. 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, COUNTY, or COUNTY’s Director, or his/her designee -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 upon the giving of thirty (30) days advance written notice of an intention to terminate this Agreement. 4.COMPENSATION For actual services provided as identified in the terms and conditions of this Agreement, including Exhibit A, Summary of Services, COUNTY agrees to pay SUBRECIPIENT and SUBRECIPIENT agrees to receive compensation in accordance with Exhibit B, Budget Summary, attached hereto and by this reference incorporated herein. In no event shall compensation paid for services performed under this Agreement be in excess of One Hundred Twenty-Eight Thousand Five Hundred Twenty-Six ($128,526). For each 12-month period, in no event shall compensation paid for services performed under this agreement be in excess of Forty-Two Thousand Eight Hundred Forty-Two Dollars ($42,842). 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. 5.INVOICING SUBRECIPIENT shall invoice COUNTY in arrears by the tenth (10th) of each month for actual expenses incurred and services rendered in the previous month to: DSSInvoices@fresnocountyca.gov. Payments by COUNTY’s DSS shall be in arrears for actual services provided during the preceding month, within forty-five (45) days after receipt, verification, and approval of SUBRECIPIENT’s invoices by COUNTY’s DSS. A monthly activity report shall accompany the invoice, reflecting services supported by the invoiced expenditures and be in a form and in such detail as acceptable to COUNTY. All final claims for funding shall be submitted by SUBRECIPIENT within sixty (60)days following the final month of services. At the discretion of a COUNTY DSS Director or his/her designee, if an invoice is incorrect or is otherwise not in proper form or detail, COUNTY’s DSS Director or his/her designee, shall have the right to withhold payment as to only that portion of the invoice that is incorrect or improper after five (5) days prior written notice to SUBRECIPIENT. SUBRECIPIENT agrees to continue to provide services for a period of -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ninety (90) days after written or email notification of an incorrect or improper invoice. If after the ninety (90) day period, the invoice(s) is still not corrected to COUNTY‘s satisfaction, COUNTY or COUNTY's DSS Director or his/her designee may elect to terminate this Agreement on behalf of COUNTY, pursuant to the termination provisions stated in Section Three (3) of this Agreement. In addition, for invoices received ninety (90) days after the expiration of each term of this Agreement or termination of this Agreement, at the discretion of COUNTY’s DSS Director or his/her designee, COUNTY shall have the right to deny payment of any additional invoices received. 6.INDEPENDENT CONTRACTOR In performance of the work, duties and obligations assumed by SUBRECIPIENT under this Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the SUBRECIPIENT's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venture, 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 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. /// -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. MODIFICATION A. Any matters of this Agreement may be modified from time to time by the written consent of SUBRECIPIENT and COUNTY without, in any way, affecting the remainder. B. Notwithstanding the above, changes to line items in Exhibit B, Budget Summary, in an amount not to exceed ten percent (10%) of the total annual compensation as identified in Section Four (4) of this Agreement, may be made with the written approval of COUNTY’s DSS Director or his/her designee. Budget line-item changes shall not result in any change to the maximum compensation amount payable to SUBRECIPIENT, as stated herein. C. SUBRECIPIENT agrees that reductions to the maximum compensation set forth in Section Four (4) of this Agreement may be necessitated by a reduction in funding from State and/or Federal sources. Any such reduction to the maximum compensation may be made with the written approval of COUNTY’s DSS Director or designee and SUBRECIPIENT. 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. ASSIGNMENT AND SUBCONTRACTS Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the prior written consent of the other party. Any transferee, assignee or subcontractor will be subject to all applicable provisions of this Agreement, and all applicable State and Federal regulations. SUBRECIPIENT shall be held primarily responsible by COUNTY for the performance of any transferee, assignee or subcontractor unless otherwise expressly agreed to in writing by COUNTY. The use of a subcontractor by SUBRECIPIENT shall not entitle SUBRECIPIENT to any additional compensation than is provided for under this Agreement. 9. HOLD HARMLESS SUBRECIPIENT agrees to indemnify, save, hold harmless, and at COUNTY's request, defend the COUNTY, its officers, agents, and employees from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by SUBRECIPIENT, its officers, agents, or employees under this Agreement, and from any and all costs and expenses (including attorney’s fees and -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. The provisions of this Section 9 shall survive termination of this Agreement. 10. INSURANCE Without limiting 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) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverage including completed operations, product liability, contractual liability, Explosion, Collapse, and Underground (XCU), fire legal liability or any other liability insurance deemed necessary because of the nature of the Agreement. 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.T.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, Three Million Dollars ($3,000,000) annual aggregate. This coverage shall be issued on a per occurrence basis. SUBRECIPIENT agrees that it shall maintain, at its sole 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 insurance with limits of coverage as specified herein. D. Worker's Compensation A policy of Worker's Compensation Insurance as may be required by the California Labor Code. E. Molestation 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) annual aggregate. This policy shall be issued on a per occurrence basis. -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F.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, DSSContractInsurance@fresnocountyca.gov, Attention: Contract Analyst, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that 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 provided under SUBRECIPIENT's policies herein; and that this insurance shall not be cancelled or changed without a -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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.AUDITS AND INSPECTIONS SUBRECIPIENT shall at any time during business hours, and as often as the COUNTY may deem necessary, make available to the COUNTY for examination all of its records and data with respect to the matters covered by this Agreement. The SUBRECIPIENT shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure SUBRECIPIENT's compliance with the terms of this Agreement. If this Agreement exceeds ten thousand dollars ($10,000.00), SUBRECIPIENT shall be subject to the examination and audit of the California State Auditor for a period of three (3) years after final payment under contract (Government Code Section 8546.7). 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 his/her 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 his/her designee. In addition, COUNTY shall have the sole discretion in the determination of fiscal review outcomes, decisions, and actions. 12.NOTICES The persons and their addresses having authority to give and receive notices under this -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement include the following: COUNTY SUBRECIPIENT Director, County of Fresno DSS Executive Director 205 W. Pontiac Way Westside Youth, Inc. Building 2 1709 7th Street Clovis, CA 93612 dssasu@fresnocountyca.gov Mendota, CA 93640 dperezwsy@gmail.com 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, by telephonic facsimile transmission (fax), or by electronic mail (email). 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 fax or email 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 written 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). 13.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 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 14.ELECTRONIC SIGNATURE The parties agree that this Agreement may be executed by electronic signature as provided in this section. An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. 15.CHANGE OF LEADERSHIP/MANAGEMENT In the event of any change in the status of SUBRECIPIENT’s leadership or management, SUBRECIPIENT shall provide written notice to COUNTY within thirty (30) days from the date of change. Such notification shall include any new leader or manager’s name, address and qualifications. “Leadership or Management” shall include any employee, member or owner of SUBRECIPIENT who either a) directs individuals providing services pursuant to this Agreement, b) exercises control over the manner in which services are provided, or c) has authority over SUBRECIPIENT’s finances. -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16.CONFIDENTIALITY All services performed by SUBRECIPIENT under this Agreement shall be in strict conformance with all applicable Federal, State of California, and/or local laws and regulations relating to confidentiality. 17.DATA SECURITY For the purpose of preventing the potential loss, misappropriation or inadvertent disclosure of COUNTY data including sensitive or personal client information; abuse of COUNTY resources; and/or disruption to COUNTY operations, individuals and/or agencies that enter into a contractual relationship with COUNTY for the purpose of providing services under this Agreement must employ adequate data security measures to protect the confidential information provided to SUBRECIPIENT by COUNTY, including but not limited to the following: A.Contractor-Owned Mobile/Wireless/Handheld Devices may not be connected to COUNTY networks via personally owned mobile, wireless or handheld devices, except when authorized by COUNTY for telecommuting and then only if virus protection software currency agreements are in place, and if a secure connection is used. B.Contractor-Owned Computers or Computer Peripherals may not brought into COUNTY for use, including and not limited to mobile storage devices, without prior authorization from COUNTY’s Chief Information Officer or his/her designee. Data must be stored on a secure server approved by COUNTY and transferred by means of a VPN (Virtual Private Network) connection, or another type of secure connection of this type if any data is approved to be transferred. C.County-Owned Computer Equipment – SUBRECIPIENT or anyone having an employment relationship with COUNTY may not use COUNTY computers or computer peripherals on non-COUNTY premises without prior authorization from COUNTY’s Chief Information Officer or his/her designee. D.SUBRECIPIENT may not store COUNTY’s private, confidential or sensitive data on any hard-disk drive. E.SUBRECIPIENT is responsible to employ strict controls to ensure the integrity and security of COUNTY’s confidential information and to prevent unauthorized access to data -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 maintained in computer files, program documentation, data processing systems, data files and data processing equipment which stores or processes COUNTY data internally and externally. F.Confidential client information transmitted to one party by the other by means of electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of 128 BIT or higher. Additionally, a password or pass phrase must be utilized. G.SUBRECIPIENT is responsible to immediately notify COUNTY of any breaches or potential breaches of security related to COUNTY’s confidential information, data maintained in computer files, program documentation, data processing systems, data files and data processing equipment which stores or processes COUNTY data internally or externally. H.The requirements in this Data Security provision shall apply to SUBRECIPIENT’s subcontractor, if any. 18. CERTIFICATION REGARDING DEBARMENT, SUSPENSIONS, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS A.COUNTY and SUBRECIPIENT recognize that Federal or State assistance funds may be used under the terms of this Agreement. For purposes of this section, SUBRECIPIENT will be referred to as the “prospective recipient”. B.This certification is required by the regulation implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, section 98.510, Participant’s responsibilities. 1)The prospective recipient of Federal assistance funds certifies by entering into this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2)The prospective recipient of funds agrees by entering into this Agreement, that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Federal department or agency with which this transaction originated. 3) Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to this Agreement. 4) The prospective recipient shall provide immediate written notice to COUNTY if at any time prospective recipient learns that its certification in Section Eighteen (18) of this Agreement was erroneous when submitted or has become erroneous by reason of changed circumstances. 5)The prospective recipient further agrees that by entering into this Agreement, it will include a clause identical to Section Eighteen (18) of this Agreement, in all lower tier covered transactions and in all solicitations for lower tier covered transaction. 6)The certification in Section Eighteen (18) of this Agreement is a material representation of fact upon which COUNTY relied in entering into this Agreement. 19.CHILD ABUSE REPORTING SUBRECIPIENT shall utilize a procedure acceptable to COUNTY to ensure that all of SUBRECIPIENT’s employees, volunteers, consultants, subcontractors or agents performing services under this Agreement shall report all known or suspected child abuse or neglect to one or more of the agencies set forth in Penal Code section 11165.9. This procedure shall include having all of SUBRECIPIENT’s employees, volunteers, consultants, subcontractors or agents performing services under this Agreement sign a statement that he or she knows of and will comply with the reporting requirements set forth in Penal Code section 11166. The statement to be utilized by SUBRECIPIENT is set forth in Exhibit D, Notice of Child Abuse Reporting Law, attached hereto and by this reference incorporated herein. 20.LICENSES SUBRECIPIENT shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, certificates, waivers and exemptions necessary for the provision of services hereunder and required by the laws and regulations of the United States, State of California, the COUNTY, and any other applicable governmental agencies. SUBRECIPIENT shall notify the COUNTY immediately in writing of its inability to obtain or maintain all necessary licenses, permits, approvals, certificates, waivers and exemptions, irrespective of the pendency of all appeal related thereto. Additionally, the SUBRECIPIENT shall comply with all other applicable rules and regulations, as may now exist or be hereinafter changed. -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21. LIMITED ENGLISH PROFICIENCY (LEP) 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 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, subcontractors, or partners who interpret or translate for a program participant, or who directly communicate with a program participant in a language other than English, demonstrate proficiency in the participant's language and can effectively communicate any specialized terms and concepts peculiar to SUBRECIPIENT’s services. 22.RECRUITMENT OF EMPLOYEES AND SERVICE TO CLIENTS SUBRECIPIENT shall ensure that its employment recruitment efforts relating to this Agreement, including administrative and professional staff positions, are carried out so as to adequately reflect the cultural and ethnic diversity of the population of Fresno County. The SUBRECIPIENT, in the performance of this Agreement, shall use its best efforts to serve all cultural and ethnic groups residing in Fresno County. SUBRECIPIENT’s employment efforts relating to this Agreement will be monitored by the COUNTY at periodic intervals. 23.RECORDS A.Record Establishment and Maintenance: SUBRECIPIENT shall establish and maintain records in accordance with those requirements prescribed by COUNTY, with respect to all matters covered by this Agreement. SUBRECIPIENT shall retain all fiscal books, account records, and client files for services performed under this Agreement for at least five (5) years from the date of the final payment under this Agreement or until all State and Federal audits are completed for that fiscal year, whichever is later. /// -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B.Cost Documentation: 1)SUBRECIPIENT shall submit to COUNTY within ten (10) calendar days following the end of each month, all fiscal and program reports for that month. SUBRECIPIENT shall also furnish to COUNTY such statements, records, data and information as COUNTY may request pertaining to matters covered by this Agreement. In the event that SUBRECIPIENT fails to provide reports as provided herein, it shall be deemed sufficient cause for COUNTY to withhold payments until compliance is established. 2)All costs shall be supported by properly executed payrolls, time records, invoices, vouchers, orders, or any other accounting documents pertaining in whole or in part to this Agreement and they shall be clearly identified and readily accessible. The support documentation must indicate the line budget account number to which the cost is charged. 3)COUNTY shall notify SUBRECIPIENT in writing within thirty (30) days of any potential State or Federal audit exception discovered during an examination. Where findings indicate that program requirements are not being met and State or Federal participation in this program may be imperiled in the event that corrections are not accomplished by SUBRECIPIENT within thirty (30) days of receipt of such notice from COUNTY, written notification thereof shall constitute COUNTY’S intent to terminate this Agreement. C.Service Documentation: SUBRECIPIENT agree to maintain records to verify services under this Agreement including names and addresses of clients served, the dates of service and a description of services provided on each occasion. These records and any other documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. D.CDBG Eligibility and Reporting Requirements: COUNTY’s failure to inform SUBRECIPIENT that CDBG funds are provided under this Agreement or of any reporting requirements shall not relieve SUBRECIPIENT of compliance with any CDBG eligibility and reporting requirements. SUBRECIPIENT agrees, in accordance with the requirements of the CDBG Program, that least fifty-one (51%) of beneficiaries of SUBRECIPIENT’s activities provided under this Agreement shall be low and moderate income persons as defined by having a maximum income -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of no more than 80% of the County Median Income as shown in Exhibit E, Income Limits, attached hereto and by this reference incorporated herein. COUNTY may inform SUBRECIPIENT of changes in County Median Income limits; however, it is the SUBRECIPIENT’s sole responsibility to remain informed and compliant of these changes. SUBRECIPIENT agrees that one hundred percent (100%) of beneficiaries of SUBRECIPIENT’s activities provided under this Agreement shall reside in unincorporated areas of Fresno County and/or the partner cities as defined in Exhibit F, CDBG Partner Cities, attached hereto and by this reference incorporated herein and all beneficiaries shall reside in Fresno County. SUBRECIPIENT further agrees that if income and residence requirements as stated are not met by SUBRECIPIENT’s beneficiaries, SUBRECIPIENT shall be liable for immediate repayment of all CDBG funds received under this Agreement to the COUNTY CDBG Program. The monthly activity report submitted, as specified in Section Twenty- Three. B (23.B) of this Agreement, to COUNTY by SUBRECIPIENT must contain the following information for federal reporting purposes: 1)Total number of households/persons assisted; 2) Total number of households/persons assisted that are: a.Low and moderate income [eighty percent (80%) of the County median]; b.Very low income [fifty percent (50%) of the County median]; c.Extremely low income [thirty percent (30%) of the County median]; d.American Indian or Alaska Native; e. Asian; f.Black or African American; g.Native Hawaiian or Other Pacific Islander; h. White; i.American Indian or Alaska Native and White; j.Asian and White; k.Black or African American and White; l.American Indian or Alaska Native and Black or African American; m.Balance/Other (individuals not included in any Single Race or -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Multiple Race Categories above); n. Hispanic – Yes or No (cuts across all races – individuals counted as Hispanic must also be included in one of the race categories above); o. Female Head of Household; p. Disabled; q. Persons assisted with new access to this service/benefit; r. Persons assisted with improved access to this service/benefit; and s.Persons receiving a service/benefit that is no longer substandard. 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 COUNTY 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 COUNTY. Adherence to this policy will be monitored during annual 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 COUNTY the number of individuals who requested referrals to alternate providers based on religious objection. 25.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, 7 CFR Part 3017, 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 -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 termination of grants, or government wide suspension or debarment. SUBRECIPIENT shall also comply with the requirements of the Drug-Free Workplace Act of 1990 (California Government Code section 8350 et seq.) 26.CONFLICT OF INTEREST No officer, agent, or employee of COUNTY who exercises any function or responsibility for planning and carrying out the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. In addition, no employee of COUNTY shall be employed by SUBRECIPIENT to fulfill any contractual obligations with COUNTY. SUBRECIPIENT shall also 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, agent, or employee of COUNTY. 27.CLEAN AIR AND WATER In the event the funding under this Agreement exceeds One Hundred Thousand and No/100 Dollars ($100,000.00), SUBRECIPIENT shall comply with all applicable standards, orders, or requirements issued under the Clean Air Act contained in 42 U.S. Code 7601 et seq.; the Clean Water Act contained in 33 U.S. Code 1368 et seq.; and any standards, laws, and regulations promulgated thereunder. Under these laws and regulations, 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; and C.COUNTY and U.S. EPA shall be notified about any known violation of the above laws and regulations. 28.STATE ENERGY CONSERVATION SUBRECIPIENT must comply with the mandatory standard and policies relating to energy efficiency, which are contained in the State Energy Conservation Plan, issued in compliance with 42 United -19- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 States (US) Code section 6201, et seq. 29.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. 30.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. 31.INTERPRETATION OF LAWS AND REGULATIONS COUNTY reserves the right to make final interpretations or clarifications on issues relating to Federal and State laws and regulations, to ensure compliance. 32.COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS SUBRECIPIENT, its officers, consultants, subcontractors, agents and employees shall comply with all applicable State, Federal and local laws, regulations, and executive orders, as well as Federal policies, procedures, and directives governing projects that utilize State and Federal Funds. This includes laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable or related to SUBRECIPIENT’s services, the SUBRECIPIENT, its subcontractors, and all eligible activities. SUBRECIPIENT shall be responsible for obtaining all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, implementation, operation, and maintenance of the activities. SUBRECIPIENT shall be responsible for observing and complying with any applicable federal, state, and local laws, rules, and regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. SUBRECIPIENT shall -20- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provide copies of permits and approvals to COUNTY upon request. 33.PERSONNEL DISCLOSURE SUBRECIPIENT, upon request, shall make available to COUNTY a current list of all personnel providing services hereunder. Changes to this list will be immediately provided to COUNTY in writing. The list shall provide the following information: A. All full or part-time staff positions by title whose direct services are required to provide the programs described herein; B.A brief description of the functions of each such position and hours each person in such position works each week or, for part-time positions, each day or month, as appropriate; C.The education and experience levels required for each position; and D.The names of persons filling the identified positions. 34.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 self-promotion. Notwithstanding the above, publicity of the services described in Section 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 his/her designee and at a cost as provided by SUBRECIPIENT in writing for such items as written / printed materials, the use of media (i.e., radio, television, newspapers) and any other related expense(s). 35.SINGLE AUDIT CLAUSE If SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in Federal and Federal flow-through monies, SUBRECIPIENT agrees to conduct an annual audit in accordance with the requirements of the Single Audit Standards as set forth in Office of Management and Budget (OMB) Title 2 of the Code of Federal Regulations Part 200. SUBRECIPIENT shall submit said audit and management letter to COUNTY. The audit must include a statement of findings or a statement that there were no findings. If there were negative findings, SUBRECIPIENT must include a corrective action plan signed by an authorized individual. SUBRECIPIENT agrees to take action to correct any material non-compliance or weakness found as a result of such audit. Such audit -21- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall be delivered to COUNTY’s DSS, Administration, for review within nine (9) months of the end of any fiscal year in which funds were expended and/or received for the program. Failure to perform the requisite audit functions as required by this Agreement may result in COUNTY performing the necessary audit tasks, or at COUNTY’s option, contracting with a public accountant to perform said audit, or, may result in the inability of COUNTY to enter into future agreements with SUBRECIPIENT. All audit costs related to this Agreement are the sole responsibility of SUBRECIPIENT. A.A single audit report is not applicable if all SUBRECIPIENT’s Federal contracts do not exceed the Seven Hundred Fifty Thousand Dollars ($750,000) requirement or SUBRECIPIENT’s funding is through Drug related Medi-Cal. If a single audit is not applicable, a program audit must be performed and a program audit report with management letter shall be submitted by SUBRECIPIENT to COUNTY as a minimum requirement to attest to SUBRECIPIENT’s solvency. Said audit report shall be delivered to COUNTY’s DSS, Accounting Office, for review no later than nine (9) months after the close of the fiscal year in which the funds supplied through this Agreement are expended. Failure to comply with this Act may result in COUNTY performing the necessary audit tasks or contracting with a qualified accountant to perform said audit. All audit costs related to this Agreement are the sole responsibility of SUBRECIPIENT who agrees to take corrective action to eliminate any material noncompliance or weakness found as a result of such audit. Audit work performed by COUNTY under this paragraph shall be billed to the SUBRECIPIENT at COUNTY cost, as determined by COUNTY’s Auditor- Controller/Treasurer-Tax Collector. B.SUBRECIPIENT shall make available all records and accounts for inspection by COUNTY, the State of California, if applicable, the Comptroller General of the United States, the Federal Grantor Agency, or any of their duly authorized representatives, at all reasonable times for a period of at least three (3) years following final payment under this Agreement or the closure of all other pending matters, whichever is later. 36.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, -22- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 37. GRIEVANCES SUBRECIPIENT shall establish procedures for handling client complaints and/or grievances. Such procedures will include provisions for informing clients of their rights to a State Hearing to resolve such issues when appropriate. 38. PUBLIC INFORMATION SUBRECIPIENT shall disclose COUNTY as a funding source in all information and program materials developed in support of contracted services. 39. 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. 40. 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. 41. 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. /// /// /// /// /// /// /// 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year 2 first here inabove written. 3 SUBRECIPJENT: 4 ~ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Print Name: D t.V\..c =t>c r ""Z- Title: E-{<:'Ct.L_~·,u ., D,.rc:c.+01 Chaim.1an of the Board, or President, or any Vice President .---. Title: )PJ / f ~,.,. .,,. 1 ,/¢'&~· ,, ,-r., Secretary ( of Corporation), or any Assistant Secretary, or Chief Financial Officer or any Assistant Treasurer Mailing Address: 1709 7th Street Mendota, CA 93640 (559) 655 -4808 Contact: Executive Director For accounting use only: Fund/Subclass : 000 l / 10000 Organization: 56107001 Account/Program: 7870/0 By:------------- Steve anda Cbairn-1an of the Board of Supervisors of the County of Fresno ATTEST: Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno, State of California By: a,~ C.., 1) Deputy -23- Exhibit A Page 1 of 3 I. LEGAL NAME OF ORGANIZATION: Westside Youth, Inc. PROJECT TITLE: Youth Recreation and Education Program AGENCY ADDRESS: 1709 Seventh St. Mendota, Ca. 93640 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 1,700 underserved youth and adults in the Community Development Block Grant (CDBG) partner city of Mendota. The supervised and structured recreational, educational and community outreach components of the program include: • Youth Sports – Recreational activities offered through this project include organized sports, such as soccer, wrestling and cheer, and indoor activities that include table games and weight training. • Academic Support – Educational activities accessible as part of this project include tutoring, reading support, and computer labs. • Supportive Services – These services include Public Health Awareness education, such as gang and substance abuse prevention, anger management training, food and school supplies distribution, and community presentations. III. PROJECT PERSONNEL Listing of positions involved in project: Title/Position Number of Positions Percent of time on project Executive Director 1 .42 FTE IV. TARGET POPULATION Westside Youth, Inc. estimates 1,700 unduplicated clients will be served over the entire grant period. 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. Exhibit A Page 2 of 3 V. OUTCOMES A. Long-Term Outcomes: • Youth participating in academic support services will demonstrate improved engagement in school; and • Youth participating in recreational support services will demonstrate improved physical fitness and increased competency in their chosen sport. 1. Short-Term Outcome: Youth participating in Westside Youth’s academic support services will utilize the computer and reading labs to help improve academic performance. Outcome indicators will be measured through program participation, attendance, and qualitative data. a. Specific Activity: Throughout the grant period, youth will be involved in Westside Youth’s academic services and have access to virtual learning programs, computer lab and lending library. Children who are identified as being below grade level will receive individual tutoring on a weekly basis. i. Outcome Indicators • Each year, 75% of youth receiving reading support will increase their reading level, as measured by computer assessment; and • Each year, 60% of youth receiving tutoring will show improved grades, in at least 2 subjects, as measured by quarterly school report cards. 2. Short-Term Outcome: Youth involved in Westside Youth’s recreational/sports services will demonstrate improved self- confidence, engagement with peers, and sportsmanship with teammates and competitors. Outcome indicators will be measured through self-assessments, fitness testing and coach/volunteer observations. a. Specific Activity: Youth participating in Westside Youth’s sports programs will participate in scheduled practices and games. Youth will be assigned to teams based on skill level and personal preferences. Competitive games will be scheduled to improve overall skill level. i. Outcome Indicators • Each year, 80% of youth participating in a structured sport will improve their self-confidence, as measured by a self-assessment. • Each year, 80% of youth participating in a structured sport will have improved relationships with their teammates and peers, as measured by self-assessments; and • Each year, 80% of youth participating in a structured sport will improve their performance, as measured by self-assessments and coach observation. 3. Short-Term Outcome: Exhibit A Page 3 of 3 Families involved in Westside Youth’s supportive services will receive gang prevention, drug, alcohol, and tobacco education through in-house and partner agency presentations. Families will increase their knowledge regarding the presented subject. Families will also have access to Open Pantry, Westside Youth’s food sharing program, and school supply distribution. a. Specific Activity: Westside Youth will participate in and provide community supportive services including food and school supplies distribution. Westside Youth will also host other local organizations to provide drug, alcohol, and gang prevention presentations. i. Outcome Indicators • 10 community education or awareness presentations will be held each year. • 80% of presentation attendees will demonstrate improved understanding of the presented subject, as measured by a post-survey; and • 250 youth will receive much needed school supplies to ensure they are ready for the upcoming school year, as measured by participation in the annual Back to School backpack and school supply distribution. 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. TOTAL 0550 0250 $ 42,842.00 Office Expense Fiscal & Audits Training Indirect Costs SUBTOTAL: TOTAL EXPENSES: BUDGET ITEM # 0100 0150 0200 0450 0500 Equipment Facilities VENDOR NAME: CATEGORY Salaries Payroll Taxes Benefits SUBTOTAL: SERVICES & SUPPLIES Insurance Communications $ $ 1,000.00 $ 1,000.00 $ $ 18,676.00 0600 0650 0660 0700 Consultancy/Subcontracts BUDGET SUMMARY September 1, 2021 - August 31, 2022 $ 18,880.00 $ 5,286.00 $ - $ 24,166.00 $ 1,301.00 $ 1,115.00 $ 1,874.00 $ 450.00 $ 7,800.00 $ 1.00 $ 4,135.00 0300 0350 0400 Travel Costs Program Supplies EXHIBIT B Westside Youth Page 1 of 12 VENDOR NAME: SALARIES Position Executive Director Salary/Wages Funds Requested Monthly Salary/ Hourly Wages Number of Months % of Time on Project 42 $24,166 12 $3750/mo Item TotalBenefit Item (Calculation) $ $ $ Total Salaries/Wages 24,166.00$ BENEFITS (Health Ins; Life Ins; Retirement; Other benefits) TOTAL SALARIES AND BENEFITS:24,166.00$ $ $ $ no benefits are allocated BUDGET DETAIL September 1, 2021 - August 31, 2022 (Personnel) Westside Youth Page 2 of 12 VENDOR NAME: BUDGET LINE ITEM TOTAL CATEGORY & DESCRIPTION/ CALCULATION SUBTOTAL BUDGET DETAIL September 1, 2021 - August 31, 2022 (Services and Supplies) 250 Insurance @ 50% of $2602 premium $ 1,301.00 $ 1,301.00 300 Communications @ 50% of annual costs $ 1,115.00 $ 1,115.00 100 salary $45,000/yr x .42% $ 18,880.00 $ 18,880.00 150 taxes @ 28% $ 5,286.00 $ 5,286.00 450 facilities $ 7,800.00 $ 7,800.00 550 program supplies $ 4,135.00 $ 4,135.00 350 office expense $ 1,874.00 $ 1,874.00 400 equipment $ 450.00 $ 450.00 500 Travel $ 1.00 $ 1.00 650 fiscal/audits $ 1,000.00 $ 1,000.00 660 training $ 1,000.00 $ 1,000.00 $ 42,842.00 $ 42,842.00 TOTAL EXPENSES Westside Youth Page 3 of 12 Westside Youth $18,880/annually budgeted for Executive Director @ 42% of time on CDBG related objectives. This is our only paid position at this time. The Director recruits volunteers, arranges training, works with office manager to manage scheduling, recommends and authorizes purchases, works with bookkeeping service to manage finances, provides Board with monthly activity and financial reports, prepares grants, reports to funders, PAYROLL TAXES our taxes run about 28%, annually budgeting $5286. INSURANCE: $1301 this includes general liability, fire/theft, errors and omissions coverage, our annual premium is $2602, our budget is 50% of that amount, as the CDBG funded activities will comprise half the agency's efforts. COMMUNICATIONS: $1115 covers half the annual cost of internet, landlines, mobile and fax services. OFFICE EXPENSE: this budgeted item covers our costs for paper (8cases @$34.25/=$274), printer ink (7 cartridges @ $200/=$1400) and desk top supplies ($200). EQUIPMENT: $450 this represents our best estimate for replacing a printer. FACILITIES: $1,300/month rent x 12 = $15600 x .50=$7800 this represents half the annual rent for our facilities. TRAVEL: $1 allocated as line-item placeholder. PROGRAM SUPPLIES: costs allocated for sports equipment ($450= 30 balls @15/, $300=6 soccer goal nets @$50/, $3100=155 safety items --helmets, gloves, mitts, shin guards, and $285=personal protection items (disposable masks, gloves, sanitizers/wet wipes) 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. VENDOR NAME: BUDGET DETAIL NARRATIVE September 1, 2021 - August 31, 2022 Page 4 of 12 VENDOR NAME: CATEGORY Salaries $ 18,880.00 TOTAL 0660 0700 $ 5,286.00 $ 24,166.00 Payroll Taxes Benefits SUBTOTAL: SERVICES & SUPPLIES Insurance Communications Office Expense Equipment Facilities $ - $ 1,301.00 $ 1,115.00 $ 1,874.00 $ 450.00 0400 0450 0500 0550 0600 0650 Consultancy/Subcontracts Fiscal & Audits Training TOTAL EXPENSES: $ 7,800.00 $ 1.00 BUDGET ITEM # 0100 0150 0200 0250 0300 0350 $ 4,135.00 $ $ 1,000.00 $ 3,286.00 $ 42,842.00 Indirect Costs SUBTOTAL: $ 1,000.00 Travel Costs Program Supplies BUDGET SUMMARY September 1, 2022 - August 31, 2023 Westside Youth Page 5 of 12 Executive Director 42 12 VENDOR NAME: SALARIES Position Salary/Wages Funds Requested Monthly Salary/ Hourly Wages Number of Months % of Time on Project BUDGET DETAIL September 1, 2022 - August 31, 2023 (Personnel) Total Salaries/Wages 24,166.00$ BENEFITS (Health Ins; Life Ins; Retirement; Other benefits) $24,166 $3750/mo Item TotalBenefit Item (Calculation) $ $ $ TOTAL SALARIES AND BENEFITS:24,166.00$ $ $ $ no benefits are allocated Westside Youth Page 6 of 12 VENDOR NAME: BUDGET LINE ITEM TOTAL CATEGORY & DESCRIPTION/ CALCULATION SUBTOTAL BUDGET DETAIL September 1, 2022 - August 31, 2023 (Services and Supplies) Westside Youth 250 Insurance @ 50% of $2602 premium $ 1,301.00 $ 1,301.00 300 Communications @ 50% of annual costs $1,115 $ 1,115.00 100 salary $45,000/yr x .42% $ 18,880.00 $ 18,880.00 150 taxes @ 28% $ 5,286.00 $ 5,286.00 450 facilities $ 7,800.00 $ 7,800.00 500 travel $ 1.00 $ 1.00 350 office expense $ 1,874.00 $ 1,874.00 400 equipment $ 450.00 $ 450.00 660 training $ 1,000.00 $ 1,000.00 550 program supplies $ 4,135.00 $ 4,135.00 650 fiscal/audits $ 1,000.00 $ 1,000.00 $ 42,842.00 $ 42,842.00 TOTAL EXPENSES Page 7 of 12 Westside Youth $18,880/annually budgeted for Executive Director @ 42% of time on CDBG related objectives. This is our only paid position at this time. The Director recruits volunteers, arranges training, works with office manager to manage scheduling, recommends and authorizes purchases, works with bookkeeping service to manage finances, provides Board with monthly activity and financial reports, prepares grants, reports to funders, PAYROLL TAXES our taxes run about 28%, annually budgeting $5286. INSURANCE: $1301 this includes general liability, fire/theft, errors and omissions coverage, our annual premium is $2602, our budget is 50% of that amount, as the CDBG funded activities will comprise half the agency's efforts. COMMUNICATIONS: $1115 covers half the annual cost of internet, landlines, mobile and fax services. OFFICE EXPENSE: this budgeted item covers our costs for paper (8cases @$34.25/=$274), printer ink (7 cartridges @ $200/=$1400) and desk top supplies ($200). EQUIPMENT: $450 this represents our best estimate for replacing a printer. FACILITIES: $1,300/month rent x 12 = $15600 x .50=$7800 this represents half the annual rent for our facilities. TRAVEL: $1 allocated to line-item as a placeholder. PROGRAM SUPPLIES: costs allocated for sports equipment ($450= 30 balls @15/, $300=6 soccer goal nets @$50/, $3100=155 safety items --helmets, gloves, mitts, shin guards, and $285=personal protection items (disposable masks, gloves, sanitizers/wet wipes) 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. VENDOR NAME: BUDGET DETAIL NARRATIVE September 1, 2022 - August 31, 2023 Page 8 of 12 VENDOR NAME: CATEGORY Salaries $ 18,880.00 TOTAL 0660 0700 $ 5,286.00 $ 24,166.00 Payroll Taxes Benefits SUBTOTAL: SERVICES & SUPPLIES Insurance Communications Office Expense Equipment Facilities $ - $ 1,301.00 $ 1,115.00 $ 1,874.00 $ 450.00 0400 0450 0500 0550 0600 0650 Consultancy/Subcontracts Fiscal & Audits Training TOTAL EXPENSES: $ 7,800.00 $ 1.00 BUDGET ITEM # 0100 0150 0200 0250 0300 0350 $ 4,135.00 $ - $ 1,000.00 $ 6,286.00 $ 42,842.00 Indirect Costs SUBTOTAL: $ 1,000.00 Travel Costs Program Supplies BUDGET SUMMARY September 1, 2023 - August 31, 2024 Westside Youth Page 9 of 12 Executive Director 42 12 VENDOR NAME: SALARIES Position Salary/Wages Funds Requested Monthly Salary/ Hourly Wages Number of Months % of Time on Project BUDGET DETAIL September 1, 2023 - August 31, 2024 (Personnel) Total Salaries/Wages 24,166.00$ BENEFITS (Health Ins; Life Ins; Retirement; Other benefits) $24,166 $3750/mo Item TotalBenefit Item (Calculation) $ $ $ TOTAL SALARIES AND BENEFITS:24,166.00$ $ $ $ no benefits are allocated Westside Youth Page 10 of 12 VENDOR NAME: BUDGET LINE ITEM TOTAL CATEGORY & DESCRIPTION/ CALCULATION SUBTOTAL BUDGET DETAIL September 1, 2023 - August 31, 2024(Services and Supplies) Westside Youth 250 Insurance @ 50% of $2602 premium $ 1,301.00 $ 1,301.00 300 Communications @ 50% of annual costs $ 1,115.00 $ 1,115.00 100 salary $45,000/yr x .42% $ 18,880.00 $ 18,880.00 150 taxes @ 28% $ 5,286.00 $ 5,286.00 450 facilities $ 7,800.00 $ 7,800.00 500 travel $ 1.00 $ 1.00 350 office expense $ 1,874.00 $ 1,874.00 400 equipment $ 450.00 $ 450.00 660 training $ 1,000.00 $ 1,000.00 550 program supplies $ 4,135.00 $ 4,135.00 650 fiscal/audits $ 1,000.00 $ 1,000.00 $ 42,842.00 $ 42,842.00 TOTAL EXPENSES Page 11 of 12 Westside Youth $18,880/annually budgeted for Executive Director @ 42% of time on CDBG related objectives. This is our only paid position at this time. The Director recruits volunteers, arranges training, works with office manager to manage scheduling, recommends and authorizes purchases, works with bookkeeping service to manage finances, provides Board with monthly activity and financial reports, prepares grants, reports to funders, PAYROLL TAXES our taxes run about 28%, annually budgeting $5286. INSURANCE: $1301 this includes general liability, fire/theft, errors and omissions coverage, our annual premium is $2602, our budget is 50% of that amount, as the CDBG funded activities will comprise half the agency's efforts. COMMUNICATIONS: $1115 covers half the annual cost of internet, landlines, mobile and fax services. OFFICE EXPENSE: this budgeted item covers our costs for paper (8cases @$34.25/=$274), printer ink (7 cartridges @ $200/=$1400) and desk top supplies ($200). EQUIPMENT: $450 this represents our best estimate for replacing a printer. FACILITIES: $1,300/month rent x 12 = $15600 x .50=$7800 this represents half the annual rent for our facilities. TRAVEL: $1 allocated to line-item as a placeholder. PROGRAM SUPPLIES: costs allocated for sports equipment. 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. VENDOR NAME: BUDGET DETAIL NARRATIVE September 1, 2023 - August 31, 2024 Page 12 of 12 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 t he 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 0872fcfx NOTICE OF CHILD ABUSE REPORTING LAW The undersigned hereby acknowledges that Penal Code section 11166 and the contractual obligations between County of Fresno (COUNTY) and 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.C §11166.) The child abuse report shall be made to any police department or sheriff’s department (not including a school district police or security department), or to any county welfare department, including Fresno County Department of Social Services’ 24 Hour CARELINE. (See PC §11165.9.) For purposes of child abuse reporting, a “reasonable suspicion” means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on his or her training and experience, to suspect child abuse or neglect. The pregnancy of a child does not, in and of itself, constitute a basis for reasonable suspicion of sexual abuse. (P.C. §11166(a)(1).) Substantial penalties may be imposed for failure to comply with these child abuse reporting requirements. Further information and a copy of the law may be obtained from the department head or designee. I have read and understand the above statement and agree to comply with the child abuse reporting requirements. __________________________________ ________________________ SIGNATURE DATE EXHIBIT E – INCOME LIMITS 2020 Affordable Housing Programs INCOME LIMITS Effective July 1, 2020 Family Size Maximum Family Yearly Income 30% 50% 60% 65% 80% 100% 120% 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 Size@ 80% Maximum Family Monthly Income 1 2 3 4 5 6 7 $ 3,263 $ 3,729 $ 4,196 $ 4,658 $ 5,033 $ 5,404 $ 5,779 Exhibit E Page 1 of 1 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