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HomeMy WebLinkAboutAgreement A-22-008 YPFG Part A Regional Application with BSCC.pdfGrantee BSCC Fresno823PartA Page 1 of 3 EXHIBIT A: SCOPE OF WORK Rev 04/2020 1. GRANT AGREEMENT – Youth Programs and Facilities Grant Program (YPFG) This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as BSCC) and County of Fresno, Probation Department (hereafter referred to as the Grantee or Contractor). 2. PROJECT SUMMARY AND ADMINISTRATION A. On September 30, 2020, Governor Newsom signed Senate Bill 823 (Chapter 337, Statutes of 2020), which began the closure of the state’s Division of Juvenile Justice, realigning those state functions to county governments. Under SB 823, DJJ intake will close for most youth on July 1, 2021, and counties then become fully responsible for housing, programming, and treatment of youth at higher offense and needs levels who can no longer be committed to DJJ. As part of SB 823, $9.6 million was set aside for the Board of State and Community Corrections to “award one-time grants, to counties for the purpose of providing resources for infrastructure- related needs and improvements to assist counties in the development of a local continuum of care.” (Welf. & Inst. Code, § 2250, subd. (a).) B. Grantee agrees to administer the project in accordance with Attachment 1: YPFG Request for Application (incorporated by reference) and Attachment 2: YPFG Grant Application, which are attached and hereto and made part of this agreement. 3. PROJECT OFFICIALS A. The BSCC's Executive Director or designee shall be the BSCC's representative for administration of the Grant Agreement and shall have authority to make determinations relating to any controversies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement. B. The Grantee’s project officials shall be those identified as follows: Authorized Officer with legal authority to sign: Name: Brian Pacheco Title: Chairman of the Board of Supervisors of the County of Fresno Address: 2281 Tulare Street, Room 301, Fresno, CA 93721 Phone: (559) 600-1000 Email: bpacheco@fresnocountyca.gov Designated Financial Officer authorized to receive warrants: Name: Samantha Buck Title: Deputy Chief Probation Administrative Officer Address: 3333 E. American Ave, Bldg. 701, Suite B, Fresno, CA 93725 Phone: (559) 600-1247 Email: sbuck@fresnocountyca.gov Project Director authorized to administer the project: Name: Lori Willits Title: Deputy Chief Probation Officer Address: 3333 E. American Ave, Bldg. 703, Suite B, Fresno, CA 93725 Phone: (559) 600-4899 Grantee BSCC Fresno823PartA Page 2 of 3 EXHIBIT A: SCOPE OF WORK Rev 04/2020 Email: lwillits@fresnocountyca.gov C. Either party may change its project representatives upon written notice to the other party. D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or she has full legal authority to bind the entity for which he or she signs. 4. DATA COLLECTION Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: YPFG Request for Application and Attachment 2: YPFG Grant Application. 5. REPORTING REQUIREMENTS By July 31, 2024, each grantee that receives a grant from the Youth Programs and Facilities Grant Program shall submit a Final Report to the BSCC with the following information: 1. An accounting of expenditures. 2. A description of the physical and system enhancements made. 3. How many regional placement beds were supported with the funding. 4. What proportion of the regional placement beds were contracted to other counties and which counties. 6. PROJECT RECORDS A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financial records and required reports. B. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project. Source documentation includes copies of all awards, applications, approved modifications, financial records and narrative reports. C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full-time or part-time. Time and effort reports are also required for all subcontractors and consultants. D. The grantee shall maintain documentation of donated goods and/or services, including the basis for valuation. E. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured. F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or Grantee BSCC Fresno823PartA Page 3 of 3 EXHIBIT A: SCOPE OF WORK Rev 04/2020 designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later. 7. CONFLICT OF INTEREST A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the YPFG Scoring Panel (See Appendix A) from receiving funds from the YPFG grants awarded under this RFA. Applicants who are awarded grants under this RFA are responsible for reviewing the YPFG Scoring Panel membership roster (see Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the YPFG Scoring Panel. B. In cases of an actual conflict of interest with a Scoring Panel member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award. Grantee BSCC Fresno823PartA Page 1 of 3 EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS Rev 04/2020 1.INVOICING AND PAYMENTS A.The Grantee shall be paid quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period. B.All project expenditures and any county match contributions must be incurred by the end of the grant project period, June 1, 2024, and included on the invoice due July 15, 2024. Project expenditures incurred after June 1, 2024 will not be reimbursed. D. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period. E. Upon the BSCC’s request, supporting documentation must be submitted for project expenditures. Grantees are required to maintain supporting documentation for all expenditures on the project site for the life of the grant and make it readily available for review during BSCC site visits. Quarterly Invoicing Periods: Due no later than: 1. June 10, 2021 to August 31, 2021 October 15, 2021 2. September 1, 2021 to November 30, 2021 January 15, 2022 3. December 1, 2021 to February 28, 2022 April 15, 2022 4. March 1, 2022 to May 31, 2022 July 15, 2022 5. June 1, 2022 to August 31, 2022 October 15, 2022 6. September 1, 2022 to November 30, 2022 January 15, 2023 7. December 1, 2022 to February 28, 2023 April 15, 2023 8. March 1, 2023 to May 31, 2023 July 15, 2023 9. June 1, 2023 to August 31, 2023 October 15, 2023 10. September 1, 2023 to November 30, 2023 January 15, 2024 11. December 1, 2023 to February 29, 2024 April 15, 2024 12. March 1, 2024 to June 1, 2024 July 15, 2024 2. GRANT AMOUNT AND LIMITATION A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award. Grantee waives any and all claims against the BSCC, and the State of California on account of project costs that may exceed the sum of the grant award. B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement. 3. BUDGET CONTINGENCY CLAUSE A. This grant agreement is valid through YPFG funding generated from the General Fund. The Grantee agrees that the BSCC’s obligation to pay any sum to the grantee under any provision of this agreement is contingent upon the availability of sufficient funding granted through the passage of Senate Bill 823 (Statutes of 2020, Chapter 337). B. If YPFG funding is reduced or falls below estimates contained within the YPFG Request for Application, the BSCC shall have the option to either cancel this Grant Agreement with no Grantee BSCC Fresno823PartA Page 2 of 3 EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS Rev 04/2020 liability occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount. C. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that the Grant Agreement shall have no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement. 4. PROJECT COSTS A. Grantee is responsible for ensuring that actual expenditures are for eligible project costs. “Eligible” and “ineligible” project costs are set forth in the July 2020 BSCC Grant Administration Guide, which can be found under Quick Links here: https://www.bscc.ca.gov/s correctionsplanningandprograms/ The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein. To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail. B. Grantee is responsible for ensuring that invoices submitted to the BSCC claim actual expenditures for eligible project costs. C. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement. D. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose. Violations can result in recoupment of monies provided under this grantor suspension of future program funding through BSCC grants. 5. PROMPT PAYMENT CLAUSE Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. 6. WITHHOLDING OF GRANT DISBURSEMENTS A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement. B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%), the BSCC may withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including: 1) submittal and approval of the final invoice; 2) submittal and approval of the Final Report; C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee. Grantee BSCC Fresno823PartA Page 1 of 4 EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017) Rev 04/2020 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand. 8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205). 10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic Grantee BSCC Fresno823PartA Page 2 of 4 EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017) Rev 04/2020 information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractor s shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this Agreement. 13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. A. The Government Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective Grantee BSCC Fresno823PartA Page 3 of 4 EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017) Rev 04/2020 at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual Grantee BSCC Fresno823PartA Page 4 of 4 EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017) Rev 04/2020 percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.) 20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) Grantee BSCC Fresno823PartA Page 1 of 4 EXHIBIT D: SPECIAL TERMS AND CONDITIONS Rev 04/2020 1. GRANTEE’S GENERAL RESPONSIBILITY A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC are solely for the purpose of proper administration of grant funds and shall not be deemed to relieve or restrict the Grantee’s responsibility. B. Grantee is responsible for the performance of all project activities identified in Attachment 1: YPFG Request for Application and Attachment 2: YPFG Grant Application. C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course of the project. 2. GRANTEE ASSURANCES AND COMMITMENTS A. Compliance with Laws and Regulations This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordinances. B. Fulfillment of Assurances and Declarations Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: YPFG Request for Application and Attachment 2: YPFG Grant Application, documents, amendments, approved modifications, and communications filed in support of its request for grant funds. C. Permits and Licenses Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work. 3. POTENTIAL SUBCONTRACTORS A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for services needed to implement and/or support program activities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee’s agreement with a subcontractor, the language of this Grant Agreement will prevail. B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor. C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the YPFG RFA and described in Appendix D. D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained. E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to: 1) Books and Records Grantee BSCC Fresno823PartA Page 2 of 4 EXHIBIT D: SPECIAL TERMS AND CONDITIONS Rev 04/2020 Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees. 2) Access to Books and Records Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project. 4. PROJECT ACCESS Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period. 5. ACCOUNTING AND AUDIT REQUIREMENTS A. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail. Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices. B. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end of the grant period. At any time, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement or take other remedies legally available. 6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to grantees that have been: 1. debarred by any federal, state, or local government entities during the period of debarment; or 2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction. Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract. Grantee BSCC Fresno823PartA Page 3 of 4 EXHIBIT D: SPECIAL TERMS AND CONDITIONS Rev 04/2020 BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation. All Grantees must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Item 6 of the original Application Package checklist, Appendix D.) 7. MODIFICATIONS No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in Attachment 1: YPFG Request for Application Request and Attachment 2: YPFG Grant Application. 8. TERMINATION A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a material and substantial breech of this Grant Agreement. Such action or inaction includes but is not limited to: 1) substantial alteration of the scope of the grant project without prior written approval of the BSCC; 2) refusal or inability to complete the grant project in a manner consistent with Attachment 1: YPFG Request for Application Request and Attachment 2: YPFG Grant Application, or approved modifications; and 3) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement. B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in accordance with the instructions listed in Exhibit D: Special Terms and Conditions, Number 8. Settlement of Disputes. 9. SETTLEMENT OF DISPUTES A.The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC County Facilities Construction Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Grant Agreement. Grantee’s written demand shall be fully supported by factual information. The BSCC County Facilities Construction Division Deputy Director shall have 30 days after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s demand, it shall be deemed a decision adverse to the Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC County Facilities Construction Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30-day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to Grantee BSCC Fresno823PartA Page 4 of 4 EXHIBIT D: SPECIAL TERMS AND CONDITIONS Rev 04/2020 render a final decision. If the Grantee does not appeal the decision of the BSCC County Facilities Construction Division Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Compensation Government Claims Board, for failure to exhaust Grantee’s administrative remedies. B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement. Grantee’s failure to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement. C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision, it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later. D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction. 9. UNION ACTIVITIES For all agreements, except fixed price contracts of $50,000 or less, the Grantee acknowledges that applicability of Government Code §§16654 through 16649 to this Grant Agreement and agrees to the following: A. No State funds received under the Grant Agreement will be used to assist, promote or deter union organizing. B. Grantee will not, for any business conducted under the Grant Agreement, use any State property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the State property is equally available to the general public for holding meetings. C. If Grantee incurs costs or makes expenditures to assist, promote or deter union organizing, Grantee will maintain records sufficient to show that no reimbursement from State funds has been sought for these costs, and that Grantee shall provide those records to the Attorney General upon request. 10. WAIVER The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver. Fresno County Probation Department Kirk Haynes, Chief Probation Officer OFFICE OF THE CHIEF PROBATION OFFICER 3333 E. American Ave. / Building 701 / Suite B / Fresno, California 93725 Phone (559) 600-1294 / FAX (559) 455-2488 The County of Fresno is an Equal Employment Opportunity Employer May 12, 2021 Board of State and Community Corrections Corrections Planning and Grant Programs Division 2590 Venture Oaks Way, Suite 200 Sacramento, CA 95833 Attn: Youth Programs and Facilities Grant Program (YPFG) Part A RE: Fresno County Application Good afternoon, Enclosed please find Fresno County’s Youth Programs and Facilities Grant Program (YPFG) Part A Regional Application for the grant period beginning June 10, 2021 and ending June 1, 2024. As requested, the proposal is being emailed to: SB823Grant@bscc.ca.gov. Due to the meeting schedule and processing requirements for agenda items to reach the Fresno County Board of Supervisors, it was not possible to secure formal authorization from the Board of Supervisors prior to the submittal of this proposal. At this time, the Chief Administrative Officer has approved and signed the Applicant Information Form and the Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Appendix D). We expect the proposal to be submitted to the Board of Supervisors as soon as possible. Upon the Board’s approval, the signed Applicant Information Form, Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement, as well as the Governing Board Resolution will be forwarded to your office. Please let me know if anything further is required. Respectfully, Kirk Haynes Chief Probation Officer Enclosures Youth Programs and Facilities Grant Program (YPFG) Part A Regional Application Package Coversheet Submitted by: County of Fresno Date Submitted: May 12, 2021 MFarmer@fresnocountyca.gov 2 The regional hub program will be located on the Juvenile Justice Campus (JJC) in Fresno, California. The JJC has a separate section for Commitment and Detention. One unit has been identified in the Commitment building to be dedicated and converted for the purpose of the regional hub. The proximity of the program will provide immediate access to the regional management team, experienced frontline staff, shared treatment resources and a local infrastructure for community-based services. Program participants will also have access to other amenities available in the JJC, including the school and gymnasium. The housing unit is currently comprised of 12 two-youth rooms and 6 single-youth rooms, with an officer station in the center. The unit will be converted to 18 single-youth rooms, which will include the removal of concrete slabs that currently form “bunk beds” in the 12 two-youth rooms and adding new mattresses to each room. Three current classrooms have been identified for the purpose of providing programming and will be converted into six programming areas, using modular walls. There are some common themes that will be considered in the redesign of the housing unit, as well as programming areas, including but not limited to: variable sources of lighting, movable and various types of furniture, access to books or other similar items, noise dampening, personalization in room decoration, and areas for relaxation or socialization. The environment will be designed using colors that are visually interesting without being overstimulating. The texture and décor will be considered based on themes of nature and warmth of texture. In order to achieve this end, changes will be made in the form of: carpeting, paint, door removal, artificial plants/greenery, air purifiers, standing fans, space heaters, sound machines, and furniture in the rooms as well as in the recreation areas, additions of flat screen televisions with webcams, whiteboards, laptops, teachers’ desks, classroom tables and chairs for youth, stands for flip charts, noise- absorbing panels on the walls and ceilings, and locked cabinets. In the courtyard, awnings will be constructed, and exterior improvements will be made. 2.2. Research has demonstrated that interventions are more effective when offered within the context of a normalized therapeutic environment. A normalized environment is created through holistic planning and design that integrates private and public spaces in a manner that supports socialization while preserving the safety and security of the unit. Characteristics of a normalized therapeutic environment include natural light, views to the 4 Department will have a social worker who provides case management services for the realigned youth. As the number of juvenile sex offender (JSO) youth increases, the availability of case management services will increase accordingly. Basic information about key program components is presented in the remainder of this section: A.Intake and Assessment Protocol Referral agencies will submit case information and assessment results to determine eligibility for the program prior to admission. This will include the Juvenile Sex Offender Assessment Protocol – II (JSOAP). Additional assessments will then be administered within the first two weeks after admission. This will include all of the instruments currently used in the intake process. However, the proposed regional hub program will also use a variety of different psychometric tools to identify treatment needs related to sexual offending. Juvenile Sex Offender Assessment Protocol – II (JSOAP) is a checklist for reviewing risk factors associated with sexual and criminal offending in male adolescents aged 12 to 18 years. Protective + Risk Observations for Eliminating Sexual Offense Recidivism (PROFESOR) is a structured checklist to identify protective and risk factors in adolescents and emerging adults (i.e., between the ages of 12 to 25 years) who have offended sexually. Structured Assessment of Violence Risk in Youth (SAVRY) is a risk assessment instrument designed to structure appraisals of violence risk and risk management plans for adolescents. B.Integrated Case Plans A comprehensive case plan for each program participant will be created and updated by the case manager in collaboration with the assigned treatment provider. Case plans will be developed to include specific goals, objectives and strategies that are individualized and can be measured over time. Services will focus on rehabilitation and include multimodal approaches to address the treatment needs of individual youth. Case plans will include a combination of individual counseling, group treatment, family therapy, educational and/or vocational programming as well as other community support services. Medical and mental health services will be available on a consultative basis. Periodic reviews of each program participant will also be conducted using the Juvenile Sex Offense Specific Treatment Needs and Progress Scale to make adjustments to case 5 plans as needed. This information will be communicated to the probation department and juvenile court on a biannual basis to inform decision-making about the case. C. Individual Counseling Fresno County Probation Department will release a Request for Proposal (RFP); RFP solicitation will include the provision that selected agencies have the capacity to deliver individual counseling. Selected staff would be required to have a master’s degree from an accredited college and licensure in a clinical discipline. Specialized training in juvenile sex offender treatment through the Association of Treatment of Sex Abusers (ATSA) will be available to those providers that are working with program participants. Research indicates a cognitive behavioral model is most appropriate for adolescents who engage in sexual behavioral problems. In addition, effective treatment should address the child within their cultural context and family involvement is key to successful treatment. Selected providers will demonstrate capacity to deliver services that align with these principles. D. Structured Group Interventions Program participants will complete structured interventions to address their treatment needs. This will include group sessions to address both traditional criminogenic needs (which might also include participants from the general population of realigned youth) as well as problems related to sexual offending more specifically. This domain-specific intervention is entitled I Decide: Cognitive-Behavioral Intervention to Control Impulses and Create Identity. This curriculum targets sexually maladaptive behavior in moderate to higher risk adolescents. It is intended to: (1) promote healthy sexual attitudes and behavior; (2) encourage youth to take responsibility for behaviors; (3) identify and replace risky thinking; (4) learn to manage emotions; (5) develop the ability to take the perspective of others; (6) build social skills to strengthen relationships; (7) support the formation of a positive identity; and (8) strengthen bonds with family members. The curriculum contains a total of 30 sessions that are designed to be delivered in a one-hour group session format. It also includes resources for use in family therapy sessions. This structured treatment curriculum will be delivered within the residential component of the regional hub program, but structured aftercare and advanced practice sessions related to the intervention can be offered in the community. Fresno County Probation Department will 6 also create a virtual option for aftercare to be delivered to realigned youth in rural communities across the region. E.Family Services The proposed regional hub program considers family involvement to be an integral component of treatment. Active engagement through family visitation and home passes will be encouraged unless contraindicated. In addition, a variety of community-based agencies are available to provide family services. The Family Systems Trauma (FST) model is an evidence-based framework that has demonstrated positive outcomes in terms of family reunification. Implementation of this model is planned for professionals working with the general population of realigned youth in Fresno County, but will be expanded to participants in this regional hub program. Furthermore, probation officers from each region will be trained in Advanced Practices to assist with aftercare and post-release community supervision. Finally, it should be noted that community-based agencies are also available to provide parenting classes. F.Community Support Services In the final phase of the residential program, youth might spend time in the community for work, school and/or outside activities. Community resources will be used in a planned, purposeful, and therapeutic manner that is re-entry focused. There are several community-based organizations that are available to provide for the re-entry needs post- release in the community (GEO Day Reporting Center, Workforce Connection, Focus Forward, Project Rebound, and Community Justice Center). Discharge plans will be created to provide a detailed summary of treatment progress as well as the current status of the case plan goals and objectives upon release. Support systems and formal aftercare will also be arranged prior to release to ensure that realigned youth are reconnected to local community-based services. 3.2. The current organization providing JSO treatment services for the Fresno County Probation Department is W. Gary Cannon Psychological Services Center, Alliant International University. The staff are all Masters’ level clinicians working on advanced degrees and completing a rotation that mainly treats juvenile sex offenders (assessment, group, and individual counseling). The range of services target those who have sex/pornography addictions, distressing paraphilia, and sexual dysfunctions. The 7 providers apply a cognitive behavioral, brief, solution-focused model. In addition, services may be provided by a variety of agencies including, but not limited to the Department of Behavioral Health (DBH), Mental Health Services (MHS), Focus Forward and Community Justice Center (CJC) Fresno County Probation Department will release a RFP inviting agencies to submit proposals for in-custody and community-based service delivery. The RFP will indicate that awardees will agree to be trained in and deliver the I Decide curriculum and maintain a cognitive behavioral model. The provider(s) will develop a case plan encompassing the general risk assessment, as well as the sex offender assessments. Finally, providers will be selected on their ability to provide a culturally relevant and trauma-informed approach. 3.3. At the present time, there are more than one hundred meta-analyses (or systematic quantitative reviews) of the correctional rehabilitation literature which consistently demonstrate that treatment for justice-involved individuals can be effective under certain conditions (see McGuire, 2013; 2016; Smith, Gendreau and Swartz, 2009). The core findings have also been found to extend to juvenile populations (Lipsey, Landenberger and Wilson, 2007; Lipsey and Wilson, 1993). The proposed regional hub program will have a solid foundation in evidence-based practices and the cognitive-behavioral treatment model. It will also incorporate elements of trauma-informed strategies, mindfulness techniques, motivational interviewing, and relapse prevention. Furthermore, many of the program concepts are consistent with the good lives model, a strength-based approach that has been adopted by sex offender treatment programs internationally (see Collie, Ward, Hufham and West, 2007; Willis, Prescott, and Yates, 2015). Juvenile offenders – both sexual and general (nonsexual) offenders – are generally more impulsive and less aware of the consequences of their actions than adults. Therapeutic interventions should therefore be designed to take these behavioral differences into account, as well as the family, peers, and other social correlates that impact offending. The proposed regional hub program will be implemented in a manner such that the multidisciplinary team can focus on the specific risk and need factors for each individual realigned youth. 9 adaptive functioning to participate in cognitive-behavioral programming; the individual lacks community supports sufficient to be maintained in the community with treatment at a lower level of care. Assessment results will also be used to identify appropriate treatment targets and to serve as a safeguard by identifying referrals better suited for placement in a less restrictive environment. Exclusion criteria have also been developed for the proposed regional hub program. Any of the following criteria will be sufficient for exclusion: the youth has suicidal/assaultive/destructive ideas, threats, plans or attempts that could result in danger to self or others and cannot be controlled in this setting; the youth has medical conditions or impairments that would prevent full participation in services and/or is not stabilized on medications; the youth requires a level of structure and supervision beyond the scope of the program; the youth can be safely maintained and effectively treated in a less restrictive setting; the primary presenting problem is social, legal, economic or one of physical health without a concurrent need meeting criterion for this level of care. 4.3. The total number of similar DJJ referrals from each county in the Central Valley Region for the past 5 years is reported in Table 2. This information provides some basis to predict how many individuals might be identified for placement in the regional hub program. Table 2. Number of DJJ Commitments from 2016 to 2020 Fresno Madera Mariposa Merced Tulare Kings Kern Mono 2016 2 1 2 2017 2 2 2 2018 3 3 1 2019 1 1 1 2 2020 1 1 Total 6 2 0 0 7 6 4 0 It is reasonable to estimate that up to 4 youth from Fresno County will be eligible for the regional hub program within the first 2 years. This means that the remaining 5 beds will be available to accommodate referrals from other counties. By the third year, if the program has expanded to 18 beds based on need, 5 beds would be allocated to Fresno County, and the remaining 13 beds would be available to accommodate referrals from other counties. 10 4.4. The Fresno County regional hub program will be available to the Central Valley counties participating in the statewide Consortium. The Consortium would establish a statewide agreement that allows counties to place youth in a secure program in another county. Placements will be facilitated through a liaison using pre-established placing criteria. The Consortium will also develop statewide memoranda of understanding (MOU) and other legal instruments to facilitate collaboration across counties and will help set a unified price structure for beds throughout the state. To pay for services and operating costs, Central Valley counties interested in securing a future bed would pay an upfront percentage of the bed. Upon placement of a youth in the hub, the counties would pay the agreed upon full cost. 4.5. An Interagency Council, including at a minimum a representative from each county, will be convened to coordinate regional hub efforts in the development of a comprehensive strategy for the specialized realigned youth. Other potential council members will include representatives from human service organizations, juvenile justice representatives, and public service agencies that serve youth and their families. Meetings will be scheduled quarterly, and the agenda will include a review of the outcomes, critical incidents, and progress on meeting the implementation timeline. Interagency coordination and collaboration are crucial to case management planning. Upon admission to the program, a variety of assessments will be completed, and a collaborative case planning process will include representatives from the home county and Fresno County. Assessment results and the case plan will be shared with relevant stakeholders. The family/legal custodian and probation representative from the referring county will be involved in all major custody and treatment decisions. The most effective discharge planning processes for transitions home are initiated at entry into the program. The arrangements will include the development of a wraparound model to address unmet needs, reintegration into the community, family support and aftercare programming. Connections with receiving community-based organizations will be initiated prior to discharge to aid in the smooth transition to these providers. In the event the youth’s home county does not have adequate aftercare options, the regional hub will work towards providing virtual options. Jean M. RousseauCounty Administrative Officer(559) 600-17102281 Tulare St., Suite 304FresnoCA93721jrousseau@fresnocountyca.gov FOR ACCOUNTING USE ONLY: Fund: 0001 Subclass: 10000 ORG: 34321995 Account: 3575