HomeMy WebLinkAboutAgreement A-18-338 with WestCare California Inc..pdf Agreement No. 18-338
1 AGREEMENT
2 This Agreement is made and entered into this 12th day of June 2018,by and
3 between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter
4 referred to as "COUNTY', and WestCare California,Inc., a California Private Non-Profit
5 Corporation, whose address is PO Box 12107, Fresno, CA 93776, hereinafter referred to as
6 "SUBRECIPIENT."
7 WITNESSETH:
8 WHEREAS, COUNTY, through its Department of Social Services (DSS)has received grant
9 funding from the United States Department of Housing and Urban Development (HUD) to administer
10 and implement the Emergency Solutions Grant(ESG) in the County of Fresno, in accordance with the
11 provisions of 24 CFR Part 576 (as now in effect and as may be amended from time to time) and the
12 laws of the State of California; and
13 WHEREAS, COUNTY, through its Department of Social Services (DSS)has received grant
14 funding from California Department of Social Services (CDSS) to implement and administer the
15 California Work Opportunity and Responsibility to Kids (CalWORKs) Housing Support Program
16 (HSP), authorized by Senate Bill 855 (Chapter 29, Statutes of 2014); and
17 WHEREAS, the COUNTY has a significant population of people who are in need of homeless
18 assistance; and
19 WHEREAS, COUNTY, as a recipient of HUD ESG funding, in accordance with 24 CFR Part
20 576, is required to collaborate and consult with the Fresno Madera Continuum of Care (FMCoC)
21 regarding the use of ESG funds and the designation of services and service provision in meeting the
22 homeless needs in the community; and
23 WHEREAS, SUBRECIPIENT, is willing to support the FMCoC partners and clients, is able to
24 provide said homeless services, and related supportive services to residents of Fresno County defined
25 by HUD to be homeless; and
26 WHEREAS, the FMCoC has recommended SUBRECIPIENT to provide homeless services in
27 the County of Fresno.
28 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
1 hereto agree as follows:
2 1. SERVICES
3 SUBRECIPIENT shall provide all services set forth in Exhibit A, "Summary of
4 Services", attached hereto and by this reference incorporated herein.
5 2. TERM
6 The term of this Agreement shall be for a period of one (1) year, commencing on the I"day of
7 July 2018 through and including the 301h day of June 2019. This Agreement may be extended for two
8 (2) additional consecutive twelve (12) month periods upon the approval of both parties no later than
9 thirty(30) days prior to the first day of the next twelve-month extension period. The Director of the
10 Department of Social Services or designee is authorized to execute such written approval on behalf of
11 COUNTY based on SUBRECIPIENT's satisfactory performance.
12 3. TERMINATION
13 A. Non-Allocation of Funds - The terms of this Agreement, and the services to be
14 provided thereunder, are contingent on the approval of funds by the appropriating government agency.
15 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
16 terminated at any time by giving COUNTY thirty(30) days advance written notice.
17 B. Breach of Contract - COUNTY may immediately suspend or terminate this
18 Agreement in whole or in part, where in the determination of COUNTY there is:
19 1) An illegal or improper use of funds;
20 2) A failure to comply with any term of this Agreement;
21 3) A substantially incorrect or incomplete report submitted to COUNTY;
22 4) Improperly performed service.
23 In no event shall any payment by COUNTY constitute a waiver by COUNTY of
24 any breach of this Agreement or any default, which may then exist on the part of SUBRECIPIENT.
25 Neither shall such payment impair or prejudice any remedy available to COUNTY with respect to the
26 breach or default. COUNTY shall have the right to demand of SUBRECIPIENT the repayment to
27 COUNTY of any funds disbursed to SUBRECIPIENT under this Agreement, which in the judgment of
28 COUNTY were not expended in accordance with the terms of this Agreement. SUBRECIPIENT shall
1 promptly refund any such funds upon demand or, at COUNTY's option, such repayment shall be
2 deducted from future payments owing to SUBRECIPIENT under this Agreement.
3 C. Without Cause - Under circumstances other than those set forth above, this
4 Agreement may be terminated by SUBRECIPIENT or COUNTY or COUNTY's DSS Director, or
5 designee, upon thirty(30) days advance written notice of an intention to terminate the Agreement.
6 4. COMPENSATION
7 For actual services provided as identified in the terms and conditions of this Agreement,
8 COUNTY agrees to pay SUBRECIPIENT and SUBRECIPIENT agrees to receive compensation in
9 accordance with Exhibit B, "Budget Summary," attached hereto and by this reference incorporated
10 herein. Mandated travel shall be reimbursed based on actual expenditures and mileage reimbursement
11 shall be at SUBRECIPIENT's adopted rate per mile, not to exceed the IRS published rate.
12 SUBRECIPIENT agrees to limit administrative costs to a maximum of fifteen percent(15%) of the
13 total program budget and to limit employee benefits to a maximum of twenty percent (20%) of total
14 salaries for those employees working under this Agreement during the term of this Agreement.
15 Payment shall be made upon certification or other proof satisfactory to COUNTY's DSS that services
16 have actually been performed by SUBRECIPIENT as specified in this Agreement.
17 For each twelve (12) month period of this Agreement, in no event shall services
18 performed under this Agreement be in excess of One Hundred Sixty-Four Thousand,Nine Hundred and
19 No/100 Dollars ($164,900.00). The cumulative total of this Agreement shall not be in excess of Four
20 Hundred Ninety-Four Thousand, Seven Hundred and No/100 Dollars ($494,700.00). It is understood
21 that all expenses incidental to SUBRECIPIENT's performance of services under this Agreement shall
22 be borne by COUNTY.
23 Except as provided below regarding State payment delays,payments by COUNTY shall
24 be in arrears, for services provided during the preceding month, within forty-five (45) days after
25 receipt, verification, and approval of SUBRECIPIENT's invoices by COUNTY's DSS. If
26 SUBRECIPENT should fail to comply with any provision of this Agreement, COUNTY shall be
27 relieved of its obligation for further compensation. All final claims and/or any final budget
28 modification requests shall be submitted by SUBRECIPIENT within sixty(60) days following the final
1 month of service for which payment is claimed. No action shall be taken by COUNTY on claims
2 submitted beyond the sixty(60) day closeout period. Any compensation which is not expended by
3 SUBRECIPIENT pursuant to the terms and conditions of this Agreement shall automatically revert to
4 COUNTY.
5 The services provided by SUBRECIPIENT under this Agreement are funded in whole or
6 in part by the State of California. In the event that funding for these services is delayed by the State
7 Controller, COUNTY may defer payment to SUBRECIPIENT. The amount of the deferred payment
8 shall not exceed the amount of funding delayed by the State Controller to COUNTY. The period of
9 time of the deferral by COUNTY shall not exceed the period of time of the State Controller's delay of
10 payment to COUNTY plus forty-five (45) days.
11 5. INVOICING
12 SUBRECIPIENT shall invoice COUNTY in arrears by the tenth (10t') day of each month
13 for actual expenses incurred and services rendered in the previous month to:
14 DSSInvoices&co.fresno.ca.us. A Monthly Activity Report shall accompany the invoice, reflecting
15 services supported by the invoiced expenditures and be in a form and in such detail as acceptable to
16 COUNTY's DSS. Invoices shall include all corresponding documentation submitted and identified by
17 line item, as identified in Exhibit B. Supporting documentation shall include but is not limited to
18 receipts, invoices received, and documented administrative/overhead costs. No reimbursement for
19 services shall be made until invoices, reports and outcomes are received, reviewed and approved by
20 COUNTY's DSS.
21 At the discretion of COUNTY's DSS Director or designee, if an invoice is incorrect or is
22 otherwise not in proper form or substance, COUNTY's DSS Director or designee shall have the right to
23 withhold payment as to only that portion of the invoice that is incorrect or improper after five (5) days
24 prior notice to SUBRECIPIENT. SUBRECIPIENT agrees to continue to provide services for a period
25 of ninety(90) days after notification of an incorrect or improper invoice. If after the ninety(90) day
26 period, the invoice(s) is still not corrected to COUNTY's DSS satisfaction, COUNTY's DSS Director
27 or designee may elect to terminate this Agreement, pursuant to the termination provisions stated in
28 Paragraph Three (3) of this Agreement. In addition, for invoices received ninety(90) days after the
1 expiration of each term of this Agreement or termination of this Agreement, at the discretion of
2 COUNTY's DSS Director or designee, COUNTY's DSS shall have the right to deny payment of any
3 additional invoices received.
4 6. INDEPENDENT CONTRACTOR
5 In performance of the work, duties, and obligations assumed by SUBRECIPIENT under
6 this Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of
7 SUBRECIPIENT's officers, agents, and employees will at all times be acting and performing as an
8 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
9 employee,joint venture, partner, or associate of COUNTY. Furthermore, COUNTY shall have no right
10 to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its
11 work and function. However, COUNTY shall retain the right to administer this Agreement so as to
12 verify that SUBRECIPIENT is performing its obligations in accordance with the terms and conditions
13 thereof. SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the
14 rules and regulations, if any, of governmental authorities having jurisdiction over matters which are
15 directly or indirectly the subject of this Agreement.
16 Because of its status as an independent contractor, SUBRECIPIENT shall have
17 absolutely no right to employment rights and benefits available to COUNTY employees.
18 SUBRECIPIENT shall be solely liable and responsible for providing to, or on behalf of, its employees
19 all legally-required employee benefits. In addition, SUBRECIPIENT shall be solely responsible and
20 save COUNTY harmless from all matters relating to payment of SUBRECIPIENT 's employees,
21 including compliance with Social Security, withholding, and all other regulations governing such
22 matters. It is acknowledged that during the term of this Agreement, SUBRECIPIENT may be
23 providing services to others unrelated to COUNTY or to this Agreement.
24 7. MODIFICATION
25 A. Any matters of this Agreement may be modified from time to time by the written
26 consent of all the parties without, in any way, affecting the remainder.
27 B. Notwithstanding the above, changes to line items in the budget, attached hereto as
28 Exhibit B, in an amount not to exceed ten percent (10%) of the total maximum compensation as
1 identified in Section Four(4) of this Agreement, may be made with the written approval of COUNTY's
2 DSS Director or designee and SUBRECIPIENT. Budget line item changes shall not result in any
3 change to the maximum compensation amount payable to SUBRECIPIENT, as stated herein.
4 C. SUBRECIPIENT hereby agrees that changes to the compensation under this
5 Agreement may be necessitated by a reduction in funding from State and/or Federal sources.
6 COUNTY's DSS Director or designee may modify the maximum compensation depending on State
7 and Federal funding availability, as stated in Section Four(4) in this Agreement. SUBRECIPIENT
8 further understands that this Agreement is subject to any restrictions, limitations or enactments of all
9 legislative bodies which affect the provisions, term, or funding of this Agreement in any manner.
10 8. NON-ASSIGNMENT
11 Neither party shall assign, transfer or subcontract this Agreement nor their rights or duties
12 under this Agreement without the prior written consent of the other party.
13 9. HOLD-HARMLESS
14 SUBRECIPIENT agrees to indemnify, save, hold harmless, and at COUNTY's request,
15 defend COUNTY, its officers, agents and employees from any and all costs and expenses, including
16 attorney fees and court costs, damages, liabilities, claims, and losses occurring or resulting to
17 COUNTY in connection with the performance, or failure to perform,by SUBRECIPIENT, its officers,
18 agents, or employees under this Agreement, and from any and all costs and expenses, including
19 attorney fees and court costs, damages, liabilities, claims, and losses occurring or resulting to any
20 person, firm, or corporation who may be injured or damaged by the performance, or failure to perform,
21 of SUBRECIPIENT, its officers, agents, or employees under this Agreement. In addition,
22 SUBRECIPIENT agrees to indemnify COUNTY for Federal, State of California and/or local audit
23 exceptions resulting from noncompliance herein on the part of the SUBRECIPIENT.
24 10. INSURANCE
25 Without limiting COUNTY's right to obtain indemnification from SUBRECIPIENT or
26 any third parties, SUBRECIPIENT, at its sole expense, shall maintain in full force and effect the
27 following insurance policies throughout the term of this Agreement:
28
A. Commercial General Liability
1
2 Commercial General Liability Insurance with limits of not less than One Million
Dollars ($1,000,000)per occurrence and an annual aggregate of Two Million
3 Dollars ($2,000,000). This policy shall be issued on a per occurrence basis.
COUNTY may require specific coverage including completed operations,product
4 liability, contractual liability, Explosion, Collapse, and Underground(XCU), fire
5 legal liability or any other liability insurance deemed necessary because of the
nature of the Agreement.
6 B. Automobile Liability
7
Comprehensive Automobile Liability Insurance with limits for bodily injury of
8 not less than Two Hundred Fifty Thousand Dollars ($250,000)per person, Five
Hundred Thousand Dollars ($500,000)per accident and for property damages of
9 not less than Fifty Thousand Dollars ($50,000), or such coverage with a combined
10 single limit of Five Hundred Thousand Dollars ($500,000). Coverage should
include owned and non-owned vehicles used in connection with this Agreement.
11
C. Professional Liability
12
If SUBRECIPIENT employs licensed professional staff(e.g. Ph.D., R.N.,
13 L.C.S.W., M.F.C.T.) in providing services, Professional Liability Insurance with
14 limits of not less than One Million Dollars ($1,000,000)per occurrence, Three
Million Dollars ($3,000,000) annual aggregate.
15
16 D. Worker's Compensation
A policy of Worker's Compensation Insurance as may be required by the
1 California Labor Code.
18 SUBRECIPIENT shall obtain endorsements to the Commercial General Liability
19 insurance naming the County of Fresno, its officers, agents, and employees, individually and
20
collectively, as additional insured,but only insofar as the operations under this Agreement are
21 concerned. Such coverage for additional insured shall apply as primary insurance and any other
22 insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be
23 excess only and not contributing with insurance provided under SUBRECIPIENT 's policies herein.
24 This insurance shall not be cancelled or changed without a minimum of thirty(30) days advance
25
written notice given to COUNTY.
26 Within thirty(30) days from the date SUBRECIPIENT signs this Agreement,
27 SUBRECIPIENT shall provide certificates of insurance and endorsements as stated above for all of the
28 foregoing policies, as required herein to the Count of Fresno DSS PO BOX 1912 Fresno
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1 California, 93718-1912, Attention: Contracts, stating that such insurance coverages have been obtained
2 and are in full force; that the County of Fresno, its officers, agents and employees will not be
3 responsible for any premiums on the policies; that such Commercial General Liability insurance names
4 the County of Fresno, its officers, agents and employees, individually and collectively, as additional
5 insured, but only insofar as the operations under this Agreement are concerned; that such coverage for
6 additional insured shall apply as primary insurance and any other insurance, or self-insurance,
7 maintained by COUNTY, its officers, agents and employees, shall be excess only and not contributing
8 with insurance provided under SUBRECIPIENT's policies herein; and that this insurance shall not be
9 cancelled or changed without a minimum of thirty(30) days advance written notice given to COUNTY.
10 In the event SUBRECIPIENT fails to keep in effect at all times insurance coverage as
11 herein provided, COUNTY may, in addition to other remedies it may have, suspend, or terminate this
12 Agreement upon the occurrence of such event.
13 All policies shall be with admitted insurers licensed to do business in the State of
14 California. Insurance purchased shall be from companies possessing a current A.M. Best, Inc. rating of
15 A FSC VII or better.
16 11. CONFIDENTIALITY and DATA SECURITY
17 All services performed by SUBRECIPIENT under this Agreement shall be in strict
18 conformance with all applicable Federal, State of California, and/or local laws and regulations relating
19 to confidentiality and data security.
20 12. NON-DISCRIMINATION
21 During the performance of this Agreement SUBRECIPIENT shall not unlawfully
22 discriminate against any employee or applicant for employment, or recipient of services, because of
23 ethnic group identification, gender, gender identity, gender expression, sexual orientation, color,
24 physical disability, mental disability, medical condition, national origin, race, ancestry, marital status,
25 religion, or religious creed, pursuant to all applicable State of California and Federal statutes and
26 regulations.
27 13. CONFLICT OF INTEREST
28 No officer, agent, or employee of COUNTY who exercises any function or responsibility
1 for planning and carrying out the services provided under this Agreement shall have any direct or
2 indirect personal financial interest in this Agreement. In addition, no employee of COUNTY shall be
3 employed by SUBRECIPIENT to fulfill any contractual obligations with COUNTY. SUBRECIPIENT
4 shall also comply with all Federal, State of California, and local conflict of interest laws, statutes, and
5 regulations, which shall be applicable to all parties and beneficiaries under this Agreement and any
6 officer, agent, or employee of COUNTY.
7 14. CHARITABLE CHOICE
8 SUBRECIPIENT may not discriminate in its program delivery against a client or
9 potential client on the basis of religion or religious belief, a refusal to hold a religious belief, or a
10 refusal to actively participate in a religious practice. Any specifically religious activity or service made
11 available to individuals by SUBRECIPIENT must be voluntary as well as separate in time and location
12 from County funded activities and services. SUBRECIPIENT shall inform COUNTY as to whether it
13 is faith-based. If SUBRECIPIENT identifies as faith-based it must submit to DSS a copy of its policy
14 on referring individuals to an alternate treatment provider, and include a copy of this policy in its client
15 admission forms. The policy must inform individuals that they may be referred to an alternative
16 provider if they object to the religious nature of the program, and include a notice to DSS. Adherence
17 to this policy will be monitored during annual site reviews, and a review of client files. If
18 SUBRECIPIENT identifies as faith-based,by July I of each year SUBRECIPIENT will be required to
19 report to DSS the number of individuals who requested referrals to alternate providers based on
20 religious objection.
21 15. PROHIBITION ON PUBLICITY
22 None of the funds, materials,property or services provided directly or indirectly under
23 this Agreement shall be used for SUBRECIPIENT's advertising, fundraising, or publicity(i.e.,
24 purchasing of tickets/tables, silent auction donations, etc.) for the purpose of self-promotion.
25 Notwithstanding the above, publicity of the services described in Paragraph One (1) of this Agreement
26 shall be allowed as necessary to raise public awareness about the availability of such specific services
27 when approved in advance by the Director or designee and at a cost as provided in Exhibit B for such
28 items as written/printed materials, the use of media(i.e., radio, television, newspapers) and any other
1 related expense(s).
2 16. PUBLIC INFORMATION
3 SUBRECIPIENT shall disclose COUNTY as a funding source in all public information.
4 17. DISCLOSURE OF SELF-DEALING TRANSACTIONS
5 This provision is only applicable if SUBRECIPIENT is operating as a corporation (a for-
6 profit or non-profit corporation) or if during the term of this Agreement, SUBRECIPIENT changes its
7 status to operate as a corporation.
8 Members of SUBRECIPIENT's Board of Directors shall disclose any self-dealing
9 transactions that they are a party to while SUBRECIPIENT is providing goods or performing services
10 under this Agreement. A self-dealing transaction shall mean a transaction to which SUBRECIPIENT is
11 a party and in which one or more of its directors has a material financial interest. Members of the
12 Board of Directors shall disclose any self-dealing transactions that they are a party to by completing
13 and signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and by this
14 reference incorporated herein, and submitting it to COUNTY prior to commencing with the self-
15 dealing transaction or immediately thereafter.
16 18. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
17 INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED
18 TRANSACTIONS
19 A. COUNTY and SUBRECIPIENT recognize that Federal assistance funds may be
20 used under the terms of this Agreement. For purposes of this section, SUBRECIPIENT will be referred
21 to as the "prospective recipient".
22 B. This certification is required by the regulations implementing Executive Order
23 12549, Debarment and Suspension, 29 Code of Federal Regulations (CFR) Part 98, section 98.510,
24 Participants' Responsibilities.
25 (1) The prospective recipient of Federal assistance funds certifies by entering
26 this Agreement, that neither it nor its principals are presently debarred, suspended,proposed for
27 debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
28 Federal department or agency.
1 (2) The prospective recipient of Funds agrees by entering this Agreement, that
2 it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
3 suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
4 unless authorized by the Federal department or agency with which this transaction originated.
5 (3) Where the prospective recipient of Federal assistance funds is unable to
6 certify to any of the statements in this certification, such prospective participant shall attach an
7 explanation to this Agreement.
8 (4) The prospective recipient shall provide immediate written notice to
9 COUNTY if at any time prospective recipient learns that its certification in Section Eighteen(18) of
10 this Agreement was erroneous when submitted or has become erroneous by reason of changed
11 circumstances.
12 (5) The prospective recipient further agrees that by entering into this
13 Agreement, it will include a clause identical to Section Eighteen(18) of this Agreement entitled
14 "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier
15 Covered Transactions", in all lower tier covered transactions and in all solicitations for lower tier
16 covered transactions.
17 (6) The certification in Section Eighteen (18) of this Agreement is a material
18 representation of fact upon which COUNTY relied in entering into this Agreement.
19 19. AUDITS AND INSPECTIONS
20 SUBRECIPIENT shall at any time during business hours, and as often as COUNTY may
21 deem necessary, make available to COUNTY for examination all of its records and data with respect to
22 the matters covered by this Agreement. SUBRECIPIENT shall, upon request by COUNTY, permit
23 COUNTY to audit and inspect all such records and data necessary to ensure SUBRECIPIENT 's
24 compliance with the terms of this Agreement.
25 If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00),
26 SUBRECIPIENT shall be subject to the examination and audit of the State of California Auditor
27 General for a period of three (3) years after final payment under contract(California Government Code
28 section 8546.7).
1 In addition, SUBRECIPIENT shall cooperate and participate with COUNTY's fiscal
2 review process and comply with all final determinations rendered by the COUNTY's fiscal review
3 process. If COUNTY reaches an adverse decision regarding SUBRECIPIENT's services to consumers,
4 it may result in the disallowance of payment for services rendered, or in additional controls to the
5 delivery of services, or in the termination of this Agreement, at the discretion of COUNTY's DSS
6 Director or designee. If as a result of COUNTY's fiscal review process a disallowance is discovered
7 due to SUBRECIPIENT's deficiency, SUBRECIPIENT shall be financially liable for the amount
8 previously paid by COUNTY to SUBRECIPIENT and this disallowance will be adjusted from
9 SUBRECIPIENT's future payments, at the discretion of COUNTY's DSS Director or designee. In
10 addition, COUNTY shall have the sole discretion in the determination of fiscal review outcomes,
11 decisions and actions.
12 20. ESG ELIGIBILITY AND REPORTING REOUIREMENTS
13 A. SUBRECIPIENT is required to be a member in good standing of the FMCoC. A
14 member in good standing is defined as a current dues paid member with attendance at a minimum of
15 75% of all FMCoC Director's meetings.
16 B. SUBRECIPIENT is required to utilize the FMCoC Coordinated Entry System for
17 all clients served under ESG.
18 C. COUNTY's failure to inform SUBRECIPIENT that ESG funds are provided
19 under this Agreement of any reporting requirements shall not relieve SUBRECIPIENT of compliance
20 with any ESG eligibility and reporting requirements. SUBRECIPIENT agrees, in accordance with the
21 requirements of the ESG program, that ALL beneficiaries of SUBRECIPIENT's activities provided
22 under this Agreement must meet the following minimum criteria:
23 (1) Any individual or family provided with assistance through ESG must meet the
24 HUD definition of homeless and must be documented.
25 (2) The household must be at or below 30% of the Annual Area Median Income
26 (AMI) for Fresno as referenced in Exhibit D, incorporated herein by reference and made part of this
27 Agreement. The AMI may change on a yearly basis and SUBRECIPIENT is required to use the most
28 recent version as provided by COUNTY.
1 (3) The households targeted must be those most in need of this assistance and most
2 likely to achieve stable housing, whether subsidized or unsubsidized, outside of ESG after the program
3 concludes.
4 D. SUBRECIPIENT is expected to meet all other ESG requirements as described in
5 24 CFR Part 576.
6 21. LOBBYING ACTIVITY
7 None of the funds provided under this Agreement shall be used for publicity, lobbying or
8 propaganda purposes designed to support or defeat legislation pending in the Congress of the United
9 States of America or the Legislature of the State of California.
10 22. POLITICAL ACTIVITY
11 SUBRECIPIENT shall not directly or indirectly use any of the funds under this
12 Agreement for any political activity or to further the election or defeat of any candidate for public
13 office.
14 23. SUPPLEMENTAL SOURCES
15 SUBRECIPIENT shall not use any funds under this Agreement to the extent that there
16 are any other existing or contemplated funds available to SUBRECIPIENT to be expended for the same
17 services covered by this Agreement. Upon confirmation that SUBRECIPIENT has received funds from
18 any other source to conduct the same services covered by this Agreement COUNTY shall have the
19 right to reduce its payment amount accordingly.
20 24. COMPLIANCE WITH APPLICABLE LAWS
21 SUBRECIPIENT shall comply with all rules and regulations established pursuant to
22 Housing and Urban Development regulations at 24 CFR Part 576, as revised by the Emergency
23 Solutions Grant and Consolidated Plan Conforming Amendments Interim Rule,published in the
24 Federal Register on December 5, 2011 (76 Fed. Reg. 75954). SUBRECIPIENT must also comply with
25 all applicable fair housing and civil rights requirements in 24 CFR 5.105(a). SUBRECIPIENT and any
26 subcontractors shall comply with all applicable local, State, Federal laws, ordinances, regulations and
27 Fresno County Charter provisions applicable to the performance of services.
28 ///
1 25. MINIMUM DATA COLLECTION REQUIREMENTS
2 SUBRECIPIENT is required to collect and report client-level data in the local Homeless
3 Management Information System (HMIS) administered by the Fresno Housing Authority. Reporting
4 through HMIS is a requirement of ESG funding. HMIS will be used to collect data and report on
5 outputs and outcomes as required by HUD. SUBRECIPIENT is required to enter all client intakes,
6 provide regular updates and exit all clients once services are completed.
7 At a minimum, SUBRECIPIENT must enter the following information in the FMCoC
8 HMIS database for federal reporting purposes:
9 (1) Name
10 (2) Social Security Number
11 (3) Date of Birth
12 (4) Race
13 (5) Ethnicity
14 (6) Gender
15 (7) Veteran Status
16 (8) Disabling Condition
17 (9) Residence Prior to Program Entry
18 (10) Zip Code of Last Permanent Address
19 (11) Housing Status
20 (12) Program Entry Date
21 (13) Program Exit Date
22 (14) Personal Identification Number
23 (15) Household Identification Number
24 (16) Income and Sources
25 (17) Non-Cash Benefits
26 (18) Destination(where client will stay upon exit)
27 (19) Financial Services Provided
28 (20) Housing Relocation& Stabilization Services Provided
1 COUNTY reserves the right to add additional reporting requirements as required by HUD.
2 26. EQUIPMENT
3 A. All items purchased with funds provided under this Agreement or which are furnished
4 to SUBRECIPIENT which have a single unit cost in excess of Five Thousand and No/100 Dollars
5 ($5,000.00) including sales tax and have a useful life of more than one (1) year shall be considered
6 capital equipment. Title to all items of capital equipment purchased shall vest and will remain vested
7 in the County of Fresno. SUBRECIPIENT further agrees to the following:
8 1) To maintain all items of capital equipment in good working order and condition,
9 normal wear and tear expected; and
10 2) To label all items of capital equipment,perform periodic inventories as required
11 by COUNTY and to maintain an inventory list showing where and how the capital equipment is being
12 used, in accordance with procedures developed by COUNTY. All such lists shall be submitted to
13 COUNTY within ten(10) days of any request therefore; and
14 3) To report in writing to COUNTY immediately after discovery, the loss or theft of
15 any items of capital equipment. For stolen items, the local law enforcement agency must be contacted
16 and a copy of the police report submitted to COUNTY.
17 B. The purchase of any capital equipment by SUBRECIPIENT shall require the prior
18 written approval of COUNTY, and must be appropriate and directly related to SUBRECIPIENT's
19 service or activity under the terms of the Agreement. No capital equipment shall be purchased during
20 the fourth(41h) or last quarter of each term of this Agreement. COUNTY may refuse reimbursement
21 for any costs resulting from capital equipment purchased, which are incurred by SUBRECIPIENT, if
22 prior written approval has not been obtained from COUNTY.
23 C. SUBRECIPIENT must obtain prior written approval from COUNTY whenever there is
24 any modification or change in the use of any property acquired or improved, in whole or in part, using
25 ESG funds. If any real or personal property acquired or improved with ESG funds is sold and/or
26 utilized by SUBRECIPIENT for a use which does not qualify under the ESG program,
27 SUBRECIPIENT shall reimburse COUNTY in an amount equal to the current fair market value of the
28 property, less any portion thereof attributable to expenditures of non-ESG funds. These requirements
1 shall continue in effect for the life of the property. In the event the ESG program is closed-out, the
2 requirements of this Section shall remain in effect for activities or property funded with ESG funds,
3 unless action is taken by the Federal government to relieve COUNTY of these obligations.
4 27. LIMITED ENGLISH PROFICIENCY
5 SUBRECIPIENT shall provide interpreting and translation services to persons
6 participating in SUBRECIPIENT's services that have limited or no English language proficiency,
7 including services to persons who are deaf or blind. Interpreter and translation services shall be
8 provided as necessary to allow such participants meaningful access to the programs, services and
9 benefits provided by SUBRECIPIENT. Interpreter and translation services, including translation of
10 SUBRECIPIENT's "vital" documents (those documents that contain information that is critical for
11 accessing SUBRECIPIENT's services or are required by law) shall be provided to participants at no
12 cost to the participant. SUBRECIPIENT shall ensure that any employees, agents, subcontractors, or
13 partners who interpret or translate for a program participant, or who directly communicate with a
14 program participant in a language other than English, demonstrate proficiency in the participant's
15 language and can effectively communicate any specialized terms and concepts peculiar to
16 SUBRECIPIENT's services.
17 28. RECORDS
18 A. Record Establishment and Maintenance - SUBRECIPIENT shall establish and
19 maintain records in accordance with those requirements prescribed by COUNTY, with respect to all
20 matters covered by this Agreement. SUBRECIPIENT shall retain all fiscal books, account records,
21 and client files for services performed under this Agreement for at least five (5) years from the date of
22 the final payment under this Agreement or until all State and Federal audits are completed for that
23 fiscal year, whichever is later. Pursuant to State and Federal law, it is the intent of the parties to this
24 Agreement that the SUBRECIPIENT shall be reimbursed for actual costs incurred in the performance
25 of this Agreement not to exceed the contract maximum but that no profit is to accrue to the
26 SUBRECIPIENT on account of such performance.
27 B. Monthly Activity Reports - SUBRECIPIENT shall submit to COUNTY by the
28 tenth (10t') of each month, activity reports for the previous month. SUBRECIPIENT shall also furnish
1 to COUNTY such statements, receipts, reports, data, support documentation and other information as
2 COUNTY may request pertaining to matters covered by this Agreement. Said support documentation
3 must indicate the line item budget account number to which the cost is charged. In the event that
4 SUBRECIPIENT fails to provide such reports or other information required hereunder, it shall be
5 deemed sufficient cause for COUNTY to withhold monthly payments until there is compliance. In
6 addition, SUBRECIPIENT shall provide written notification and explanation to COUNTY of any
7 funds received from another source to conduct the same services covered by this Agreement within
8 five (5) days of the receipt of such funds. The invoice and monthly activity reports shall be in a form
9 and in such detail as acceptable to COUNTY's Director of Social Services or designee.
10 C. HMIS Data Entry—HMIS entry must be completed the 10th of each month for all
11 services provided the previous month.
12 29. EVALUATION
13 COUNTY shall monitor and evaluate the performance of SUBRECIPIENT under this
14 Agreement to determine to the best possible degree the success or failure of the services provided under
15 this Agreement and the adequacy of the program plan identified in Section One (1) and Exhibit A of
16 this Agreement. SUBRECIPIENT shall at any time during business hours, and as often as COUNTY
17 deems necessary, make available for examination, inspection, audit or copying all books and records,
18 pertaining to the goods and services furnished under the terms of this Agreement for the purpose of and
19 not limited to authorized review for fiscal and program audits.
20 30. NEPOTISM
21 Except by written consent of COUNTY, no person shall be employed by
22 SUBRECIPIENT who is related by blood or marriage to any member of the Board of Directors or any
23 officer of SUBRECIPIENT.
24 31. SINGLE AUDIT CLAUSE
25 SUBRECIPIENT agrees to provide a copy of its audit report, performed in accordance
26 with the requirements of the Single Audit Act of 1984 (31 USC section 7502) and subject to the terms
27 of Office of Management and Budget (OMB) Circulars (A-110, A-122 and A-133), to COUNTY.
28 Such audit shall be delivered to COUNTY's DSS, for review not later than nine (9) months after the
1 close of the SUBRECIPIENT's fiscal year in which the funds supplied through this Agreement are
2 expended and/or received for this program. The audit must include a statement of findings or a
3 statement that there were no findings. If there were negative findings, SUBRECIPIENT must include a
4 corrective action plan signed by an authorized individual. Failure to comply with the Single Audit Act
5 may result in COUNTY performing the necessary audit tasks, or, at COUNTY's option, contracting
6 with a qualified accountant to perform this audit. All audit costs related to this Agreement are the sole
7 responsibility of SUBRECIPIENT who agrees to take corrective action to eliminate any material
8 noncompliance or weakness found as a result of such audit. Audit work performed by COUNTY under
9 this section shall be performed only after written notice to SUBRECIPIENT and billed to
10 SUBRECIPIENT at COUNTY cost as determined by COUNTY's Auditor-Controller/Treasurer-Tax
11 Collector.
12 32. NOTICES
13 The persons having authority to give and receive notices under this Agreement and their
14 addresses include the following:
15 COUNTY SUBRECIPIENT
16 Director, County of Fresno Senior Vice President
17 Department of Social Services WestCare California, Inc.
18 PO BOX 1912 P.O. Box 12107
19 Fresno, CA 93718-1912 Fresno, CA 93776
20
21 33. CHANGE OF LEADERSHIP/MANAGEMENT
22 Any and all notices between COUNTY and SUBRECIPIENT provided for or permitted
23 under this Agreement or by law, shall be in writing and shall be deemed duly served when personally
24 delivered to one of the parties, or in lieu of such personal service, when deposited in the United States
25 Mail, postage prepaid, addressed to such party.
26 In the event of any change in the status of SUBRECIPIENT'S leadership or management,
27 SUBRECIPIENT shall provide written notice to COUNTY within thirty(30) days from the date of
28 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
1 either a) directs individuals providing services pursuant to this Agreement, b) exercises control over the
2 manner in which services are provided, or c)has authority over SUBRECIPIENT's finances.
3 34. GOVERNING LAW
4 The parties agree, that for the purposes of venue, performance under this Agreement is to
5 be in Fresno County, California.
6 The rights and obligations of the parties and all interpretation and performance of this
7 Agreement shall be governed in all respects by the laws of the State of California.
8 35. ENTIRE AGREEMENT
9 This Agreement, including all Exhibits, constitutes the entire agreement between
10 SUBRECIPIENT and COUNTY with respect to the subject matter hereof and supersedes all previous
11 agreement negotiations,proposals, commitments, writings, advertisements,publications, and
12 understandings of any nature whatsoever unless expressly included in this Agreement.
13
14
15
16
17
18
19
20
21
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Exhibit A
Page 1 of 2
SUMMARY OF SERVICES
ORGANIZATION: WestCare California, Inc.
ADDRESS: P.O. Box 12107 Fresno CA 93776
TELEPHONE: 559-251-4800
CONTACTS: Shawn Jenkins, Senior Vice President
EMAIL: shawn.men kinsCa)WestCare.com
CONTRACT: Housing Matcher and Community Coordination for Homeless
CONTRACT AMOUNT: July 01, 2018 to June 30, 2019 - $164,900
July 01, 2019 to June 30, 2020 - $164,900
July 01, 2020 to June 30, 2021 - $164,900
SUMMARY OF SERVICES
WestCare will employ two fulltime Matcher/Community Coordinator positions to facilitate the
Coordinated Entry System (CES) through centralized intake, assessment, and provide housing
matching for Fresno Madera Continuum of Care (FMCoC) participants. WestCare staff will
ensure that outreach events are coordinated with participation from FMCoC providers and
encompass the entire County. The information collected from the FMCoC providers via the
Vulnerability Index-Service Prioritization and Decision Assistance tool (VI-SPDAT) will be used
to match homeless individual or families with the appropriate housing options.
WestCare will also provide training to the FMCoC to enhance the coordination between
agencies and ultimately provide individuals with the best options for housing services. Supplies
for Coordinated Entry may be secured for the use of all member agencies of the FMCoC. These
supplies will only be available to member agencies for Coordinated Entry related purposes.
SUBRECIPIENT RESPONSIBILITIES
• Serve as the lead for the CES process by which the homeless are matched to housing
vacancies.
• Serve as primary contact for communicating with FMCoC providers regarding housing
vacancies.
• Facilitate communication between FMCoC providers and housing navigators once an
individual or family has been matched with a potential housing provider.
• Maintain a data system where each client's unique client identifier and consent form are
connected to his/her personal identifying information.
• Lead case management conferencing to ensure that each individual or family has a
housing navigator assigned to them and assists housing navigators in properly tracking
the document collection process.
• Serve as a primary CES point of contact to FMCoC providers.
Exhibit A
Page 2of2
• Work collaboratively with the FMCoC to assist and cooperate with the improvement of
the CES.
• Ensure outreach efforts are coordinated; including agencies participating, names of
outreach workers scheduled, dates and time of outreach and information collected is
entered into the data system.
• Ensure all assisted clients are entered into Homeless Management Information System
(HMIS).
• Comply with the following ESG coordinated assessment requirements set forth under 24
CFR 576.400(d):
o Centralized or coordinated assessment. Once the Continuum of Care has
developed a centralized assessment system or a coordinated assessment
system in accordance with requirements to be established by HUD, each ESG-
funded program or project within the Continuum of Care's area must use that
assessment system. The recipient and subrecipient must work with the
Continuum of Care to ensure the screening, assessment and referral of program
participants are consistent with the written standards required by paragraph (e) of
this section. A victim service provider may choose not to use the Continuum of
Care's centralized or coordinated assessment system.
• Comply with 24 CFR 576 and all other federal, state, and local regulations regarding
ESG funded services.
• Serve as the lead for coordinating training for FMCoC Members related to Coordinated
Entry. This will include consulting with the FMCoC regarding topics and the number of
trainings required each year.
COUNTY RESPONSIBILITIES
• Meet with WestCare staff monthly, or as often as needed, for service coordination,
problem/issue resolution, information sharing, training, review, and monitoring of
services.
• Provide 100% match for ESG funds provided through this contract.
STAFFING LEVELS
WestCare will maintain two full-time Matcher/Community Coordinator positions for the benefit of
FMCoC. The Matcher/Community Coordinators will be responsible for providing clients with
case management to ensure they transition to independence. This will include arrangement,
coordination, monitoring, and delivery of services related to meeting the housing needs of
clients and helping them obtain housing stability.
MONTHLY REPORTS/OUTCOMES
Subrecipient shall provide completed and accurate monthly activity reports to the County of
Fresno, in a report format approved by the County by the 10th of each month.
For each 12-month period, subrecipient shall perform the following outcomes:
• 200 individuals will be assigned to a participating ESG agency.
• 100 individuals will be matched to housing.
• 100% individuals will be housed within 60 days.
Exhibit B
Page 1 of 3
WestCare California, Inc. Budget
July 01, 2018 to June 30, 2019
Rapid Re-housing
Personnel Salaries $ 98,100.00
Matcher/Community Coordinator (2)
Supervisor(1)
Payroll Taxes $ 12,851.00
Benefits $ 11,478.00
Insurance $ 2,943.00
Operational $ 14,628.00
Communications
Office supplies
Equipment
Facilities
Other(training and training travel as authorized by County)
Subtotal $ 140,000.00
Training and Supplies
FMCoC Training and Supplies $ 20,000.00
Subtotal $ 20,000.00
Administration
Administration costs $ 4,900.00
Program Administration
Mileage
*Training
Subtotal $ 4,900.00
Total: $ 164,900.00
*As allowed by 24 CFR 576.108(a)(2)
Exhibit B
Page 2 of 3
WestCare California, Inc. Budget
July 01, 2019 to June 30, 2020
Rapid Re-housing
Personnel Salaries $ 98,100.00
Matcher/Community Coordinator (2)
Supervisor(1)
Payroll Taxes $ 12,851.00
Benefits $ 11,478.00
Insurance $ 2,943.00
Operational $ 14,628.00
Communications
Office supplies
Equipment
Facilities
Other(training and training travel as authorized by County)
Subtotal $ 140,000.00
Training and Supplies
FMCoC Training and Supplies $ 20,000.00
Subtotal $ 20,000.00
Administration
Administration costs $ 4,900.00
Program Administration
Mileage
*Training
Subtotal $ 4,900.00
Total: $ 164,900.00
*As allowed by 24 CFR 576.108(a)(2)
Exhibit B
Page 3 of 3
WestCare California, Inc. Budget
July 01, 2020 to June 30, 2021
Rapid Re-housing
Personnel Salaries $ 98,100.00
Matcher/Community Coordinator (2)
Supervisor(1)
Payroll Taxes $ 12,851.00
Benefits $ 11,478.00
Insurance $ 2,943.00
Operational $ 14,628.00
Communications
Office supplies
Equipment
Facilities
Other(training and training travel as authorized by County)
Subtotal $ 140,000.00
Training and Supplies
FMCoC Training and Supplies $ 20,000.00
Subtotal $ 20,000.00
Administration
Administration costs $ 4,900.00
Program Administration
Mileage
*Training
Subtotal $ 4,900.00
Total: $ 164,900.00
*As allowed by 24 CFR 576.108(a)(2)
Exhibit C
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno (hereinafter referred to as "County"), members of a
contractor's board of directors (hereinafter referred to as "County Contractor"), must disclose any self-dealing
transactions that they are a party to while providing goods, performing services, or both for the County. A
self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one or more
of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name,job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a
minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the board
member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the
Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction described in
Sections (3) and(4).
1
Exhibit C
(1)Company Board Member Information:
Name: Date:
Job Title:
(2)Company/Agency Name and Address:
(3) Disclosure(Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
(5)Authorized Signature
Signature: Date:
2
Exhibit D
THIRTY PERCENT INCOME LIMITS PAGE 10
STATE:CALIFORNIA -------------------30% L O W I N C O M E L I M I T S---------------------------
MEDIAN 1 PERSON 2 PERSON 3 PERSON 4 PERSON 5 PERSON 6 PERSON 7 PERSON 8 PERSON
Bakersfield, CA MSA 58700 12550 14350 16150 17900 19350 20800 22200 23650
Chico, CA MSA 60500 12750 14550 16350 18150 19650 21100 22550 24000
E1 Centro, CA MSA 48200 12550 14350 16150 17900 19350 20800 22200 23650
Fresno, CA MSA 55500 12550 14350 16150 17900 19350 20800 22200 23650
Hanford-Corcoran, CA MSA 55400 12550 14350 16150 17900 19350 20800 22200 23650
Los Angeles-Long Beach-Anaheim, CA MSA
Santa Ana-Anaheim-Irvine, CA HM 92700 23000 26250 29550 32800 35450 38050 40700 43300
Los Angeles-Long Beach-Glendale,69300 20350 23250 26150 29050 31400 33700 36050 38350
Madera, CA MSA 55200 12550 14350 16150 17900 19350 20800 22200 23650
Merced, CA MSA 48200 12550 14350 16150 17900 19350 20800 22200 23650
Modesto, CA MSA 60700 12750 14600 16400 18200 19700 21150 22600 24050
Napa, CA MSA 88500 19300 22050 24800 27550 29800 32000 34200 36400
Oxnard-Thousand Oaks-Ventura, CA 96000 21300 24350 27400 30400 32850 35300 37700 40150
Redding, CA MSA 61400 12900 14750 16600 18400 19900 21350 22850 24300
Riverside-San Bernardino-Ontario 65800 14150 16200 18200 20200 21850 23450 25050 26700
Sacramento-Roseville-Arden-Arcade, CA MS
Sacramento--Roseville--Arden-Arc80100 16850 19250 21650 24050 26000 27900 29850 31750
Yolo, CA HMFA 85100 17500 20000 22500 24950 26950 28950 30950 32950
Salinas, CA MSA 69100 17550 20050 22550 25050 27100 29100 31100 33100
San Diego-Carlsbad, CA MSA 81800 20450 23400 26300 29200 31550 33900 36250 38550
San Francisco-Oakland-Hayward, CA MSA
Oakland-Fremont, CA HMFA 104400 24400 27900 31400 34850 37650 40450 43250 46050
San Francisco, CA HMFA 118400 30800 35200 39600 44000 47550 51050 54600 58100
San Jose-Sunnyvale-Santa Clara, CA MSA
San Benito County, CA HMFA 79800 19600 22400 25200 27950 30200 32450 34700 36900
San Jose-Sunnyvale-Santa Clara, 125200 27950 31950 35950 39900 43100 46300 49500 52700
San Luis Obispo-Paso Robles-Arro 80600 17500 20000 22500 24950 26950 28950 30950 32950
U.S. Department of Housing and Urban Development. April 2018. ESG Income Limits.
Retrieved from http://www.hudexchange.info/resource/5079/esg-income-limits/