HomeMy WebLinkAboutAgreement A-22-553 with MMC.pdf Agreement No. 22-553
1 AGREEMENT
2 THIS AG FEEM BAIT is m ade and entered into this 29t" day of November, 2022, by and between
3 the CO WTY O FFRESNO ,a Political Subdivision of the State of California, hereinafter referred to as
4 "CO WTY", and M ajaree M ason Center, Inc., a California Private Non-Profit Corporation, whose address
5 is 1600 M Street, Fresno, CA 93721, hereinafter referred to as "CO NFRACTO FT.
6 WITNESSETH:
7 WHEREAS, CO WTY is the Adm histrative Entity for Horn Bess Housing, Assistance and
8 Prevention (HHAP) grant funds awarded to the Fresno M adera Continuum of Care (FM(.bC), by the
9 California Business Consum a'Services and Housing (BCSH) Agency, as authorized by AB 101; and
10 WHEREAS, the FM CoC has a need for a corn p'ehensive plan to address horn dessness for
11 individuals and faro lies experiencing dour estic violence within Fresno County; and
12 WHEREAS, M ajaree M aeon Center, Inc. is willing and able to provide said services pursuant to the
13 term sand conditions of this Agreem Ent.
14 NO W THEREFO FE, in consideration of the m dual covenants, term sand conditions herein
15 contained, the parties hereto agree as follows:
16 1. C O NFRACTO RS SERVICES
17 CO NTRACTO Rshall perform all services as set forth in Exhibit A, Sum m ay of Services,
18 attached hereto and incorporated herein by this reference.
19 CO NTRACTO Rrepresents that it is qualified, ready, willing, and able to perform all of the
20 services provided in this Agreement.
21 CO NTRACTO Rshall, at its own cost, corn Oy with all applicable federal, state, and local laws
22 and regulations in the perform ance of its obligations under this Agreement, including but not lim ted to
23 workers compensation, labor, and confidentiality laws and regulations.
24 CO NFRACTO Rshall m antain m e m lership, in good standing, in the FM CoC. If, for any reason,
25 this status is not m aintained, the CO WTY m ay term hate this Agreem ent pursuant to Section Three (3)
26 of this Agreem ent.
27 CO NTRACTO Rshall be aware of, agree to, and corn ply with all State requirements governing
28 the use of HHAP funds; and all conditions in Exhibit B, CO WTY Agreem Ent No. 20-197, attached
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1 hereto and by this reference incorporated herein. Failure to com ply with these conditions m ay result in
2 the term nation of this Agreement pursuant to Section Three (3) of this Agreement. Required conditions
3 include but are not lim ted to:
4 A. P erform the work in accordance with Federal, State and local housing and
5 building codes, as applicable.
6 B. aM intain at least the m him urn State-required worker's com pensation for those
7 em ployees who will perform the work or any part of it.
8 C. aM intain, as required by law, unem proym ent insurance, disability insurance, and
9 liability insurance in an am cunt that is reasonable to com pensate any person, firm or corporation who
10 m ay be injured or dam aged by the CO NFRACTO Ror any Subcontractor in perform ng the work or any
11 part of it.
12 D. A gree to include all the term sof this Agreement and Exhibit B, COUNTY
13 Agreement No. 20-197 in each subcontract.
14 2. T ERM
15 The term of this Agreem Ent shall com m aice on Decem ber 1, 2022 through and including
16 February 29, 2024.
17 3. T ERM NATIO N
18 A. N on-Allocation of Funds
19 The term sof this Agreem ent, and the services to be provided hereunder, are contingent on the
20 approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the
21 services provided m ay be m odified, or this Agreem ent term hated, at any tim e by giving the
22 CO NfRACTO Rthirty (30) days advance written notice.
23 B. Breach of Contract
24 The CO l_NTY may suspend or term hate this Agreement in whole or in part, where in the
25 determ nation of the CO WTY there is a breach:
26 1) Cb tained or used funds illegally or improperly;
27 2) A failure to com pry with any term of this Agreem ent;
28 3) A substantially incorrect or incom plete report subm Red to the CO UNTY; or
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1 4) 1 m properly perform ed any of its obligations under this Agreement.
2 Upon determ ring that a breach (as defined above) has occurred, CO WTY m ay give written
3 notice of the breach to CO NFRACTO R The written notice m ay suspend perform ance under this
4 Agreement, and m ust provide at least 30 days for CO NTRACTO Rto cure the breach.
5 If CO NFRACTO Rfails to cure the breach to CO WTY's satisfaction within the time stated in the
6 written notice, CO WTY may term hate this Agreement im m adiately.
7 In no event shall any paym ent by the CO WTY constitute a waiver by the CO WTY of any
8 breach of this Agreement or any default which may then exist on the part of the CO NTRACTO R Neither
9 shall such paym ent im pair or prejudice any rem edy available to the CO WTY with respect to the breach
10 or default. The CO WTY shall have the right to dem and of the CO NTRACTO Rthe repaym ent to the
11 CO WTY of any funds disbursed to the CO NTRACTO Runder this Agreement, which in the judgment of
12 the CO WTY were not expended in accordance with the term sof this Agreem ent. The CO NFRACTO R
13 shall prom ptly refund any such funds upon dem and.
14 Any term Nation of this Agreem ent by the CO WTY under this Section Three is without penalty to
15 or further obligation of the CO WTY. This Section Three survives the term Nation of this Agreem ent.
16 C. i W thout Cause
17 Under circumstances other than those set forth above, this Agreement m ay be term hated by
18 CO NTRACTO R CO WTY or CO WTY's DSS Director, or designee, upon the giving of thirty (30) days
19 advance written notice of an intention to term hate this Agreement.
20 4. C O M ENSATIO N
21 For actual services provided pursuant to the term sof this Agreem ent, CO WTY agrees to pay
22 CO NTRACTO Rand CO NFRACTO Ragrees to receive compensation not to exceed Fifty Thousand and
23 No/100 Dollars ($50,000) during the term of this Agreem ent. For the period of Decem ber 1, 2022
24 through and including February 29, 2024, in no event shall compensation paid for services performed
25 under this agreem ent be in excess of Fifty Thousand and No/100 Dollars ($50,000).
26 It is understood that all expenses incidental to CO NFRACTO RS perform aice of services under this
27 Agreem ent shall be borne by CO NFRACTO R If CO NFRACTO Rshould fail to corn ply with any provision of
28 the Agreem Ent, CO WTY shall be relieved of its obligation for further com pensation. Any corn pensation
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1 which is not expended by CO NFRACTO Rpursuant to the term sand conditions of this Agreem ent shall
2 autom aically revert to CO WTY.
3 CO NFRACTO Racknowledges that CO WTY is a local governm ent entity, and does so with notice
4 that the CO WTY's powers are lim ted by the California Constitution and by State law, and with notice that
5 CO NFRACTO Rm air receive corn pensation under this Agreem ent only for services performed according to
6 the terms of this Agreem ant and while this Agreem Ent is in effect, and subject to the m acim un am cunt
7 payable under this section. CO NTRACTO Rfurther acknowledges that CO WTY's ern ployees have no
8 authority to pay CO NFRACTO Rexcept as expressly provided in this Agreem Ent.
9 The services provided by the CO NFRACTO Runder this Agreem Ent are funded in whole or in part
10 by the State of California and the United States Federal governm Ent. In the event that funding for these
11 services is delayed by the State Controller or the Federal governm Ent, CO WTY m air defer paym Ent to
12 CO NFRACTO R The am cunt of the deferred paym Ent shall not exceed the am cunt of funding delayed to
13 the CO WTY. The period of tim eof the deferral by CO WTY shall not exceed the period of tim eof the
14 State Controller's or Federal governm ent's delay of paym eft to CO WTY plus forty-five (45) days.
15 5. I NVO LING
16 CO NFRACTO Rshall invoice CO WTY's DSS at m him urn by the tenth (10t") of the m cnth
17 following the end of each quarter corn m eking with the quarter ending Decem ber 31, 2022. Invoices
18 shall be for expenditures incurred during the preceding quarter for services as described in Exhibit A,
19 pursuant to the compensation provisions as stated in Section Four (4) of this Agreement to:
20 DSSlnvoices0fresnocountyca.gov. Payments by CO WTY's DSS shall be in arrears for actual services
21 provided during the billing cycle, within forty-five (45) days after receipt, verification, and approval of
22 CO WRACTO Rs invoices by CO WTY's DSS. All final claim sfor funding shall be subm tted by
23 CO WRACTO Rwithin sixty (60) days following the final m onth of services. At the discretion of
24 CO WTY's DSS Director or his/her designee, CO WTY's DSS m ay deny paym ent of any invoice
25 received m are than sixty (60) days following the final m onth of services.
26 At the discretion of CO WTY's DSS Director or designee, if an invoice is incorrect or is otherwise
27 not in proper form or detail, CO WTY's DSS Director or designee shall have the right to withhold
28 paym ent as to only that portion of the invoice that is incorrect or im proper after five (5) days prior written
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1 notice or em ail correspondence to CO NFRACTO R CO NFRACTO Ragrees to continue to provide
2 services for a period of ninety (90) days after written or em ail notification of an incorrect or im proper
3 invoice. If after the ninety (90) day period the invoice has still not been corrected to CO LNTY's DSS
4 satisfaction, CO WTY or CO LNTY's DSS Director or designee may elect to term hate this Agreement,
5 pursuant to the term Nation provisions stated in Paragraph Three (3) of this Agreem ent.
6 6DOM IFICATIO N
7 A. A ny matters of this Agreement may be modified from tim eto tim e by the written
8 consent of CO NFRACTO Rand CO WTY without, in any way, affecting the rem cinder.
9 B. C O NFRACTO Ragrees that reductions to the maxim u-n com pensation set forth in
10 Section Four (4) of this Agreem ent m ay be necessitated by a reduction in funding from State or Federal
11 sources. Any such reduction to the m axim urn com pensation m ay be m ade with the written approval of
12 CO LNTY's DSS Director or designee and CO NFRACTO R CO NFRACTO Rfurther understands that
13 this Agreement is subject to any restrictions, lim Cations, or enactments of all legislative bodies which
14 affect the provisions, term ,or funding of this agreem ent in any m anner.
15 7. I NDEPENDENT CO NFRACTO R
16 In perform ance of the work, duties and obligations assum ed by CO NFRACTO Runder this
17 Agreement, it is m dually understood and agreed that CO NFRACTO R including any and all of the
18 CO NTRACTO RS officers, agents, and em ployees will at all tim es be acting and performing as an
19 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
20 em ployee, joint venturer, partner, or associate of the CO WTY. Furtherm cre, CO WTY shall have no
21 right to control or supervise or direct the m anner or m ethod by which CO NFRACTO Rshall perform its
22 work and function. However, CO WTY shall retain the right to verify that CO NTRACTO Ris perform ing
23 its obligations in accordance with the term sand conditions of this Agreem ent.
24 CO NFRACTO Rand CO WTY shall com ply with all applicable provisions of law and the rules and
25 regulations, if any, of governm ental authorities having jurisdiction over m atters the subject thereof.
26 Because of its status as an independent contractor, CO NFRACTO Rshall have absolutely no
27 right to em ploym ent rights and benefits available to CO WTY em ployees. CO NFRACTOR shall be
28 solely liable and responsible for providing to, or on behalf of, its em ployees all legally-required em ployee
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1 benefits. In addition, CO NFRACTO Rshall be solely responsible and save CO WTY harm Less from all
2 m afters relating to paym ent of CO NTRACTO IRS em Ooyees, including com pliance with Social Security
3 withholding and all other regulations governing such m atters. It is acknowledged that during the term of
4 this Agreement, CO NTRACTO Rm ay be providing services to others unrelated to the COUNTY or to
5 this Agreem ent.
6 8. I NDEM NTY AND DEFENSE
7 CO NTRACTO Ragrees to indem rify, save, hold harm Less, and at CO WTY'S request, defend
8 the CO WTY, its officers, agents, em Ooyees, and volunteers from any and all dem ands, injuries,
9 dam ages, costs, and expenses (including attorney's fees and costs), , fines, penalties, liabilities, claim s,
10 and losses of any kind occurring or resulting to CO WTY, CO NFRACTO RS, or any third party that arise
11 from or relate to the perform ance, or failure to perform ,by CO NFRACTO R its officers, agents, or
12 em pioyees, or subcontractors under this Agreement, and from any and all costs and expenses
13 (including attorney's fees and costs), dam ages, liabilities, claim s, and losses occurring or resulting to
14 any person, firm ,or corporation who m ay be injured or dam aged by the perform ance, or failure to
15 perform ,of CO NFRACTO R its officers, agents, or em Ooyees under this Agreem ent. COUNTY m ay
16 conduct or participate in its own defense without affecting CO NTRACTO Rs obligation to indem rify and
17 hold harm Less or defend the CO WTY.
18 The provisions of this Section Eight (8) shall survive term nation of this Agreement.
19 9. 1 NSURANCE
20 Without lim Ling the CO LNTY's right to obtain indem rification from CO NFRACTO Ror any third
21 parties, CO NFRACTO R at its sole expense, shall m antain in full force and effect, the following insurance
22 policies or a program of self-insurance, including but not lim ted to, an insurance pooling arrangem ant or
23 Joint Powers Agreem ant (JPA) throughout the term of the Agreem ant:
24 A. Com m ecial G eneral Liability
25 Com m Epcial G aneral Liability Insurance with lim is of not less than Two M Ilion Dollars
26 ($2,000,000.00) per occurrence and an annual aggregate of Four M Ilion Dollars ($4,000,000.00). This
27 policy shall be issued on a per occurrence basis. CO WTY m ay require specific coverages including
28 com Meted operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
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1 liability or any other liability insurance deem ed necessary because of the nature of this contract.
2 B. Autom cbile Liability
3 Com p'ehensive Autom doile Liability Insurance with lim is of not less than O re M Ilion Dollars
4 ($1,000,000.00) per accident for bodily injury and for property dam ages. Coverage should include any auto
5 used in connection with this Agreement, including both owned and non-owned vehicles.
6 C. Professional Liability
7 If CO NFRACTO Rem Ooys licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M F.C.C.) in
8 providing services, Professional Liability Insurance with Iim is of not less than O re M Ilion Dollars
9 ($1,000,000.00) per occurrence, Three M Ilion Dollars ($3,000,000.00) annual aggregate. CO NFRACTO R
10 agrees that it shall m antain, at its sole expense, in full force and effect for a period of three (3) years
11 following the term hation of this Agreem Ent, one or m cre policies of professional liability insurance with
12 Iim is of coverage as specified herein.
13 D. Worker's Com pensation
14 A policy of Worker's Com pensation insurance as m ay be required by the California Labor Code.
15 E. Additional Requirem eats Relating to Insurance
16 CO NFRACTO Rshall obtain endorsements to the Com m ecial G eneral Liability insurance
17 nam hg the County of Fresno, its officers, agents, and em Idoyees, individually and collectively, as
18 additional insured, but only insofar as the operations under this Agreem ent are concerned. Such
19 coverage for additional insured shall apply as prim ary insurance and any other insurance, or
20 self-insurance, m eintained by CO WTY, its officers, agents, and em Idoyees shall be excess only and
21 not contributing with insurance provided under CO NFRACTO Rs policies herein. This insurance shall
22 not be cancelled or changed without a m him urn of thirty (30) days advance written notice given to
23 CO WTY.
24 CO NTRACTO Rhereby waives its right to recover from CO WTY, its officers, agents, and
25 em ployees any am runts paid by the policy of worker's com pensation insurance required by this
26 Agreement. CO NFRACTO Ris solely responsible to obtain any endorsem ent to such policy that m ay be
27 necessary to accom plish such waiver of subrogation, but CO NFRACTO Rs waiver of subrogation under
28 this paragraph is effective whether or not CO NFRACTO Robtains such an endorsement.
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1 Within Thirty (30) days from the date CO NTRACTO Rsigns and executes this Agreement,
2 CO NTRACTO Rshall provide certificates of insurance and endorsement as stated above for all of the
3 foregoing policies, as required herein, to the County of Fresno,
4 DSSContractlnsurance@fresnocountyca.gov, Attention: Contract Analyst, stating that such insurance
5 coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and
6 em ployees will not be responsible for any prem um son the policies; that for such worker's
7 compensation insurance the CO NTRACTO Rhas waived its right to recover from the COUNTY, its
8 officers, agents, and em ployees any am cunts paid under the insurance policy and that waiver does not
9 invalidate the insurance policy; that such Com m ecial G eleral Liability insurance nam es the County of
10 Fresno, its officers, agents and em ployees, individually and collectively, as additional insured, but only
11 insofar as the operations under this Agreement are concerned; that such coverage for additional insured
12 shall apply as prim ary insurance and any other insurance, or self-insurance, m aintained by CO WTY, its
13 officers, agents and em ployees, shall be excess only and not contributing with insurance provided under
14 CO NTRACTO Rs policies herein; and that this insurance shall not be cancelled or changed without a
15 m him urn of thirty (30) days advance, written notice given to CO WTY.
16 In the event CO NFRACTO Rfails to keep in effect at all times insurance coverage as herein
17 provided, the CO WTY may, in addition to other remedies it may have, suspend or term hate this
18 Agreement upon the occurrence of such event.
19 All policies shall be issued by adm tted insurers licensed to do business in the State of California,
20 and such insurance shall be purchased from com panies possessing a current A.M .Best, Inc. rating of A
21 FSC VII or better.
22 10. A SSIG NVI ENT AND SUBCO NFRACTS
23 Neither party shall assign, transfer or subcontract this Agreem ent nor their rights or duties under
24 this Agreement without the prior written consent of the other party. CO WTY acknowledges and
25 consents that CO NFRACTO Rwill subcontract for the provision of services for this Agreement. Any
26 transferee, assignee or subcontractor will be subject to all applicable provisions of this Agreem Ent, and
27 all applicable State and Federal regulations. CO NFRACTO Rshall be held primarily responsible by
28 CO WTY for the perform once of any transferee, assignee or subcontractor unless otherwise expressly
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1 agreed to in writing by CO WTY. The use of subcontractor by CO NFRACTO Rshall not entitle
2 CO NFRACTO Rto any additional com pensation than is provided for under this Agreem ent.
3 11. C O N=LICT O FINTEREST
4 No officer, em ployee or agent of the CO WTY who exercises any function or responsibility for
5 planning and carrying out of the services provided under this Agreement shall have any direct or indirect
6 personal financial interest in this Agreement. In addition, no em ployee of the CO WTY shall be
7 em ployed by the CO NrRACTO Runder this Agreement to fulfill any contractual obligations with the
8 CO WTY. The CO NFRACTO Rshall com ply with all Federal, State of California and local conflict of
9 interest laws, statutes and regulations, which shall be applicable to all parties and beneficiaries under
10 this Agreement and any officer, em ployee or agent of the CO WTY.
11 12. D ISCLO 9JRE O FSELF-DEALING TRANSACTIO f S
12 This provision is only applicable if the CO NFRACTO Ris operating as a corporation or if during
13 the term of the agreement, the CO NFRACTO Rchanges its status to operate as a corporation.
14 Mem bars of the CO NFRACTO Rs Board of Directors shall disclose any self-dealing transactions
15 that they are a party to while CO NFRACTO Ris providing goods or perform hg services under this
16 agreement. A self-dealing transaction shall mean a transaction to which the CO NFRACTO Ris a party
17 and in which one or m ore of its directors has a m eterial financial interest. M em bers of the Board of
18 Directors shall disclose any self-dealing transactions that they are a party to by com pleting and signing a
19 Self-Dealing Transaction Disclosure Form ,attached hereto as Exhibit C and incorporated herein by
20 reference, and subm itting it to the CO WTY prior to com m agcing with the self-dealing transaction or
21 im m Eliately thereafter.
22 13. N O NDISCRIM NATIO N
23 During the perform ance of this Agreem ent, CO NFRACTO Rand its officers, em ldoyees, agents
24 and subcontractors shall not unlawfully discrim hate in violation of any Federal, State or local law, rule or
25 regulation against any em ployee or applicant for em ldoym ent, or recipient of services under this
26 Agreement, because of age, ethnic group identification, sex, gender, gender identity, gender expression,
27 sexual orientation, color, physical disability, m ental disability, m edical condition, national origin, race,
28 ancestry, genetic inform etion, m arital status, religion, religious creed, m ilitary status, or veteran status.
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1 A. Americans with Disabilities Act
2 CO NTRACTO Rshall com Oy with the Americans with Disabilities Act (ADA) of 1990, which
3 prohibits discrim nation on the basis of disability, as well as all applicable regulations and guidelines
4 issued pursuant to the ADA (42 U.S.C. 12101 et seq.)
5 B. CO NFRACTO Rshall include the non-discrim Nation and com oiance provisions of this
6 section in all subcontracts to perform work under this Agreement.
7 14. L IM ITED ENG 11SH PRO ACIENCY
8 CO NTRACTO Rshall provide interpreting and translation services to persons participating in
9 CO NTRACTO Rs services who have Iim ted or no English language proficiency, including services to
10 persons who are deaf or blind. Interpreter and translation services shall be provided as necessary to
11 allow such participants meaningful access to the programs, services and benefits provided by
12 CO NTRACTO R Interpreter and translation services, including translation of CO NTRACTO Rs "vital
13 documents" (those documents that contain inform ation that is critical for accessing CO NTRACTO Rs
14 services or are required by law) shall be provided to participants at no cost to the participant.
15 CO NTRACTO Rshall ensure that any em 0oyees, agents, subcontractors, or partners who interpret or
16 translate for a program participant, or who directly com m unicate with a program participant in a
17 language other than English, dem cnstrate proficiency in the participant's language and can effectively
18 com m unicate any specialized term sand concepts peculiar to CO NTRACTO Rs services.
19 15. C O N=IDENTIALITY AND DATA SECURITY
20 All services perform ed by CO NFRACTO Runder this Agreem ent shall be in strict conform ance
21 with all applicable Federal, State of California and/or local laws and regulations relating to confidentiality.
22 For the purpose of preventing the potential loss, m isappropriation or inadvertent disclosure of
23 CO WTY data including sensitive or personal client information; abuse of CO WTY resources; and/or
24 disruption to CO WTY operations, individuals and/or agencies that enter into a contractual relationship
25 with COUNTY for the purpose of providing services under this Agreement m ust em Ooy adequate data
26 security measures to protect the confidential inform ation provided to CO NFRACTO Rby CO WTY,
27 including but not Iim ted to the following:
28 A. C O NTRACTO RO vied M cbile/Wireless/Handheld Devices m ay not be
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1 connected to CO WTY networks via personally owned m cbile, wireless or handheld devices, except
2 when authorized by CO WTY for telecom m aing and then only if virus protection software currency
3 agreements are in place, and if a secure connection is used.
4 B. C O NTRACTO FAO vaned Com puters or Com puter Peripherals m ay not be brought
5 into CO WTY for use, including and not lim ted to m dbile storage devices, without prior authorization
6 from COUNTY's Chief Inform ation O ficer or her designee. Data m ust be stored on a secure server
7 approved by CO WTY and transferred by m eans of a VPN (Virtual Private Network) connection, or
8 another type of secure connection of this type if any data is approved to be transferred.
9 C. C ounty-O\Aned Com puter Equipm ent — CO NTRACTO Ror anyone having an
10 em ployment relationship with CO WTY m ay not use CO WTY com puters or com puter peripherals on
11 non-COUNTY prem ses without prior authorization from CO WTY's Chief Inform ation O ficer or her
12 designee.
13 D. C O WRACTO Rm ay not store CO WTY's private, confidential or sensitive data
14 on any hard-disk drive.
15 E. C O NTRACTO Rare responsible to em ploy strict controls to insure the integrity
16 and security of CO WTY's confidential information and to prevent unauthorized access to data
17 m aintained in com puter files, program docum entation, data processing system s, data files and data
18 processing equipment which stores or processes CO WTY data internally and externally.
19 F. C onfidential client inform ation transm fted to one party by the other by m eans of
20 electronic transm issions m ust be encrypted according to Advanced Encryption Standards (AES) of 128
21 BIT or higher. Additionally, a password or pass phrase m ust be utilized.
22 G . C O NTRACTO Rare responsible to im m(diately notify CO WTY of any breaches
23 or potential breaches of security related to CO WTY's confidential inform ation, data m aintained in
24 com puter files, program docum entation, data processing system s, data files and data processing
25 equipment which stores or processes CO WTY data internally or externally.
26 H. C O NTRACTO Rshall require its subcontractors to com ply with the provisions of
27 this Data Security section.
28
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1 16. P RO GJREM ENT O FRECO\ERED MATERIALS
2 In the perform ance of this Agreem ent, CO NFRACTO Rshall com py with section 6002 of the
3 Solid Waste Disposal Act, as am ended by the Resource Conservation and Recovery Act. The
4 requirements of Section 6002 include procuring only item sdesignated in guidelines of the
5 Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
6 recovered materials practicable, consistent with m antaining a satisfactory level of com petition, where
7 the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
8 preceding fiscal year exceeded $10,000. For contracts m eeting this threshold CO NFRACTO Rshall
9 m eke maxim urn use of products containing recovered m aerials that are EPA-designated item s unless
10 the product cannot be acquired:
11 i. C om petitively within a tim efram eproviding for com Oiance with the
12 contract performance schedule;
13 iie M eting contract perform once requirem ents; or
14 iii. A t a reasonable price.
15 17. D RUG -FREE WORKPLACE REQ UREM BATS
16 For purposes of this paragraph, CO NFRACTO Rwill be referred to as the "grantee". By drawing
17 funds against this grant award, the grantee is providing the certification that is required by regulations
18 im plem enting the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F. These regulations
19 require certification by grantees that they will m aintain a drug-free workplace. False certification or
20 violation of the certification shall be grounds for suspension of payments, suspension or term hation of
21 grants, or governm ent wide suspension or debarm ent. CO NFRACTO Rshall also com py with the
22 requirements of the Drug-Free Workplace Act of 1990 (California G o✓ernm ent Code section 8350 et
23 seq.).
24 18. C ERTIFICATIO NREG PRDING DEBARMENT, SUSPENSION INELIG BILITY AND
25 VO WNTARY EXCLUSIO NLO W Et TIER CO\ERED TRANSACTIO INS
26 A. C O WTY and CO NFRACTO Rrecognize that CO NFRACTO Ris a recipient of
27 Federal assistance funds under the term sof this Agreem ent. By signing this Agreem ent,
28 CO NFRACTO Ragrees to com ply with applicable Federal suspension and debarment regulations,
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1 including but not lim led to: 7 CFR 3016.35, 29 CRF 97.35, 45 CFR 92.35, and Executive O der 12549.
2 By signing this Agreement, CO NFRACTO Rattests to the best of its knowledge and belief, that it and its
3 principals:
4 1 ) Are not presently debarred, suspended, proposed for debarment, declared
5 ineligible, or voluntarily excluded from participation in this transaction by any Federal department or
6 agency; and
7 2) Shall not knowingly enter into any lower tier covered transaction with an entity
8 or person who is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
9 excluded from participation in this transaction by any Federal department or agency.
10 B. C O NFRACTO Rshall provide im m diate written notice to CO INTY if at any tim e
11 during the term of this Agreement CO NFRACTO Rlearns that the representations it makes above were
12 erroneous when m ade or have becom eerroneous by reason of changed circum stances
13 C. C O NFRACTO Rshall include a clause titled "Certification Regarding Debarment,
14 Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transactions" and situ iar in
15 nature to this Paragraph Eighteen (18) in all lower tier covered transactions and in all solicitations for
16 lower tier covered transactions.
17 D. C O NFRACTO Rshall, prior to soliciting or purchasing goods and services in
18 excess of $25,000 funded by this Agreement, review and retain the proposed vendor's suspension and
19 debarm ent status at https://sam .gov/SAM/.
20 E. T he certification in Paragraph Nineteen (19) of this Agreem ent is a m aterial
21 representation of fact upon which CO LNTY relied in entering into this Agreement.
22 19. IG IEVANCES
23 CO NFRACTO Rshall establish procedures for handling client com Oaints and/or grievances.
24 Such procedures will include provisions for inform hg clients of their rights to a State Hearing to resolve
25 such issues when appropriate.
26 20. P RO HBITIO NO NPUBLICITY
27 None of the funds, m eterials, property or services provided directly or indirectly under this
28 Agreement shall be used for CO NFRACTO Rs advertising, fundraising, or publicity (i.e., purchasing of
-13-
1 tickets/tables, silent auction donations, etc.) for the purpose of self-prom ction. Notwithstanding the
2 above, publicity of the services described in Paragraph O re (1) of this Agreement shall be allowed as
3 necessary to raise public awareness about the availability of such specific services when approved in
4 advance by the Director or designee and at a cost as provided by CO NFRACTO Rin writing for such
5 item sas written/printed m aterials, the use of m edia (i.e., radio, television, newspapers) and any other
6 related expense(s).
7 21. L O BBYING AND PO UTICAL ACTIVITY
8 None of the funds provided under this Agreement shall be used for publicity, lobbying or
9 propaganda purposes designed to support or defeat legislation pending in the Congress of the United
10 States of Am mica or the Legislature of the State of California.
11 CO NrRACTO Rshall not directly or indirectly use any of the funds under this Agreement for any
12 political activity or to further the election or defeat of any candidate for public office.
13 22. S TATE ENERG YCO N3ERVATIO N
14 CO WRACTO Rm ust com ply with the m andatory standard and policies relating to energy
15 efficiency which are contained in the State Energy Conservation Plan issued in com pliance with 42
16 United States (US) Code sections 6321, et. Seq.
17 23. F RATERNIZATIO N
18 CO WRACTO Rshall establish procedures addressing fraternization between CONTRACTO IRS
19 staff and clients. Such procedures will include provisions for inform ng CO WRACTO IRS staff and
20 clients regarding fraternization guidelines.
21 24. I NTERPRETATIO NO FLAWS AND REG U_ATIO N5
22 CO L,NTY reserves the right to m eke final interpretations or clarifications on issues relating to
23 Federal and State laws and regulations, to ensure com pliance.
24 25. C O M EIANCE WITH APPLICABLE LAWS AND REG U_ATIO N5
25 CO NFRACTO R its officers, consultants, subcontractors, agents and em ployees shall com ply
26 with all applicable State, Federal and local laws, regulations, and executive orders, as well as Federal
27 policies, procedures, and directives governing projects that utilize State and Federal Funds. This
28 includes laws, rules and regulations that pertain to construction, health and safety, labor, fair
-14-
1 ern Fioym ent practices, environm ental protection, equal opportunity, fair housing, and all other m atters
2 applicable or related to CO NFRACTO Rs services, the CO NFRACTO R its subcontractors, and all
3 eligible activities.
4 CO NTRACTO Rshall be responsible for obtaining all perm ts, licenses, and approvals required
5 for perform ng any activities under this Agreem ent, including those necessary to perform design,
6 im Oem entation, operation, and m antenance of the activities. CO NFRACTO Rshall be responsible for
7 observing and com Flying with any applicable federal, state, and local laws, rules, and regulations
8 affecting any such work, specifically those including, but not lim ted to, environmental protection,
9 procurement, and safety laws, rules, regulations, and ordinances. CO NFRACTO Rshall provide copies
10 of perm is and approvals to CO WTY upon request.
11 26. N O O B_IG ATIO NBY FEDERAL G O `ERNM BAT
12 The Federal G aernm ent is not a party to this contract and is not subject to any obligations or
13 liabilities to the non-Federal entity, contractor, or any other party pertaining to any m etter resulting from
14 this Agreem ent.
15 27. P RO G FRAM FRAUD AND FALSE O RFRAUDULENT STATEM BATS O RRELATED ACTS
16 CO NFRACTO Racknowledges that 31 U.S.C. Chapter 38 (Adm nistrative Remedies for False
17 Claim sand Statem ents) applies to CO NTRACTO Rs actions pertaining to this contract.
18 28. R ECO FDS
19 A. R ecord Establishm ent and M aintenance
20 CO NFRACTO Rshall establish and m aintain records in accordance with those requirem ents
21 prescribed by CO WTY, with respect to all m Mers covered by this Agreem ent. CO NFRACTO Rshall
22 retain all fiscal books, account records and client files for services perform ed under this Agreem ent for
23 at least five (5) years from date of final paym ent under this Agreem ent or until all State and Federal
24 audits are corn Fleted for that fiscal year, whichever is later.
25 B. C ost Docum entation
26 1) CO NFRACTO Rshall subm i to CO WTY within ten (10) calendar days
27 following the end of each quarter, all fiscal and program reports for the previous quarter.
28 CO NFRACTO Rshall also furnish to CO WTY such statements, records, data and inform etion as
-15-
1 CO WTY m ay request pertaining to m atters covered by this Agreement. In the event that
2 CO NTRACTO Rfails to provide reports as provided herein, it shall be deem ed sufficient cause for
3 CO WTY to withhold payments until com pliance is established.
4 2) All costs shall be supported by properly executed payrolls, tim e records,
5 invoices, vouchers, orders, or any other accounting documents pertaining in whole or in part to this
6 Agreement and they shall be clearly identified and readily accessible. The support documentation m ust
7 indicate the line budget account num ber to which the cost is charged.
8 3) CO WTY shall notify CO NTRACTO Rin writing within thirty (30) days of any
9 potential State or Federal audit exception discovered during an exam nation. Where findings indicate
10 that program requirements are not being met and State or Federal participation in this program may be
11 im periled in the event that corrections are not accom Oished by CO NTRACTO Rwithin thirty (30) days of
12 receipt of such notice from CO WTY, written notification thereof shall constitute CO WTY'S intent to
13 term hate this Agreem ent.
14 C. S ervice Docum entation
15 CO NTRACTO Ragree to m antain records to verify services under this Agreem ent
16 including nam es and addresses of clients served, if applicable, and the dates of service and a
17 description of services provided on each occasion. These records and any other documents pertaining
18 in whole or in part to this Agreement shall be clearly identified and readily accessible.
19 29. P UBLIC RECO FOS
20 The CO WTY is not lim ted in any m anner with respect to its public disclosure of this Agreem ent
21 or any record or data that the CO NTRACTO Rm ay provide to the CO WTY. The CO WTY's public
22 disclosure of this Agreem ent or any record or data that the CO NTRACTO Rm ay provide to the CO WTY
23 m ay include but is not lim ted to the following:
24 A. T he CO WTY m ay voluntarily, or upon request by any m em ber of the public or
25 governmental agency, disclose this Agreement to the public or such governmental agency.
26 B. T he CO WTY m ay voluntarily, or upon request by any m em ber of the public or
27 governmental agency, disclose to the public or such governmental agency any record or data that the
28 CO NTRACTO Rm ay provide to the CO WTY, unless such disclosure is prohibited by court order.
-16-
1 C. T his Agreem ent, and any record or data that the CO NFRACTO Rm ay provide to
2 the CO WTY, is subject to public disclosure under the Ralph M .Brown Act (California G aernm ent
3 Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
4 D. T his Agreem ent, and any record or data that the CO NFRACTO Rmay provide to
5 the CO WTY, is subject to public disclosure as a public record under the California Public Records Act
6 (California G o✓ernm ent Code, Title 1, Division 7, Chapter 3.5, beginning with section 6250) ("CPRA").
7 E. T his Agreem ent, and any record or data that the CO NFRACTO Rmay provide to
8 the CO WTY, is subject to public disclosure as information concerning the conduct of the people's
9 business of the State of California under California Constitution, Article 1, section 3, subdivision (b).
10 F. A ny m arking of confidentiality or restricted access upon or otherwise m ade with
11 respect to any record or data that the CO NFRACTO Rm ay provide to the CO WTY shall be disregarded
12 and have no effect on the CO WTY's right or duty to disclose to the public or governmental agency any
13 such record or data.
14 30. S ING LE AUDIT CLAUSE
15 If CO NFRACTO Rexpends Seven Hundred Fifty Thousand Dollars ($750,000) or m ore in
16 Federal and Federal flow-through m cnies annually, CO NFRACTO Ragrees to conduct an annual audit
17 in accordance with the requirem ents of the Single Audit Standards as set forth in O fice of M enagem ent
18 and Budget (O M P Title 2 of the Code of Federal Regulations Part 200. CO NFRACTO Rshall subm It
19 said audit and m anagem ent letter to CO WTY. The audit m ust include a statem ent of findings or a
20 statement that there were no findings. If there were negative findings, CO NFRACTO Rmust include a
21 corrective action signed by an authorized individual. CO NTRACTO Ragrees to take action to correct any
22 m eterial non-com Oiance or weakness found as a result of such audit. Such audit shall be delivered to
23 CO LNTY's DSS, Adm histration, for review within nine (9) m cnths of the end of any fiscal year in which
24 funds were expended and/or received for the program .Failure to perform the requisite audit functions as
25 required by this Agreement m ay result in CO WTY perform ing the necessary audit tasks, or at
26 CO WTY's option, contracting with a public accountant to perform said audit, or, m ay result in the
27 inability of CO WTY to enter into future agreem ents with CO NFRACTO R All audit costs related to this
28 Agreement are the sole responsibility of CO NFRACTO R
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1 A. A single audit report is not applicable if all CO NTRACTO Rs Federal contracts do
2 not exceed the Seven Hundred Fifty Thousand Dollars ($750,000) requirement or CO NTRACTO Rs
3 funding is through Drug related M edi-Cal. If a single audit is not applicable, a program audit m ust be
4 perform ed and a program audit report with m anagem ent letter shall be subm Ited by CO NTRACTO Rto
5 CO UNITY as a m him um requirement to attest to CO NFRACTO Rs solvency. Said audit report shall be
6 delivered to CO WTY's DSS, Adm nistration, for review no later than nine (9) m onths after the close of
7 the fiscal year in which the funds supplied through this Agreement are expended. Failure to com py with
8 this Act m ay result in CO WTY perform ng the necessary audit tasks or contracting with a qualified
9 accountant to perform said audit. All audit costs related to this Agreem ent are the sole responsibility of
10 CO NTRACTO Rwho agrees to take corrective action to elim hate any material noncom Oiance or
11 weakness found as a result of such audit. Audit work performed by CO UNITY under this paragraph shall
12 be billed to the CO NTRACTO Rat CO UNITY cost, as determ ned by CO WTY's Auditor-
13 Controller/Treasurer-Tax Collector.
14 B. C O NTRACTO Rshall m*e available all records and accounts for inspection by
15 CO UNITY, the State of California, if applicable, the Comptroller G aneral of the United States, the Federal
16 G cantor Agency, or any of their duly authorized representatives, at all reasonable tim es for a period of at
17 least three (3) years following final payment under this Agreement or the closure of all other pending
18 m afters, whichever is later.
19 31. A UDITS AND INSPECTIO f�B
20 The CO NTRACTO Rshall at any tim eduring business hours, and as often as the CO UNITY m ay
21 deem necessary, m*e available to the CO UNITY for exam nation all of its records and data with respect
22 to the matters covered by this Agreem ent, excluding attorney-client privileged com m unications. The
23 CO NTRACTO Rshall, upon request by the CO UNITY, perm it the CO UNITY to audit and inspect all of
24 such records and data necessary to ensure CO NTRACTO IRS com Oiance with the term sof this
25 Agreement.
26 If this Agreem ent exceeds ten thousand dollars ($10,000.00), CO NTRACTO Rshall be subject to
27 the examination and audit of the Auditor G eneral for a period of three (3) years after final paym ent under
28 contract (California G aernm ent Code Section 8546.7). This section survives the term nation of this
-18-
1 Agreem ent.
2 In addition, CO NFRACTO Rshall cooperate and participate with CO U ITY's fiscal review
3 process and com Oy with all final determ nations rendered by the CO U ITY's fiscal review process. If
4 CO UNITY reaches an adverse decision regarding CO NFRACTO Rs services to consumers, it may result
5 in the disallowance of paym ent for services rendered; or in additional controls to the delivery of services,
6 or in the term nation of this Agreement, at the discretion of CO WTY's DSS Director or designee. If as a
7 result of CO WTY's fiscal review process a disallowance is discovered due to CO NTRACTO Rs
8 deficiency, CO NFRACTO Rshall be financially liable for the am cunt previously paid by CO UNITY to
9 CO NTRACTO Rand this disallowance will be adjusted from CO NFRACTO Rs future payments, at the
10 discretion of CO WTY's DSS Director or designee. In addition, CO WTY shall have the sole discretion
11 in the determ nation of fiscal review outcomes, decisions, and actions.
12 32. C O NFRACTO RS NAM ECHANG E
13 An am endm ent, assignm ent, or new agreem ent is required to change the nam e of
14 CO NTRACTO Ras listed on this Agreem ent. Upon receipt of legal docum entation of the nam echange
15 CO WTY will process the agreement. Paym ent of invoices presented with a new nam ecannot be paid
16 prior to approval of said agreem ent.
17 33. P RO FERTY O FCO WTY
18 Any use of CO WTY funds provided under this Agreement for the purchase of com pater
19 hardware, software, and printers m ust be approved by CO UNITY prior to purchase and must m eet
20 CO WTY specifications. CO NTRACTO Ragrees to take reasonable and prudent steps to ensure the
21 security of any and all said hardware and software provided to it by CO UNITY under this Agreem ent, and
22 to m aintain replacem ent-value insurance coverages on said hardware and software approved by
23 CO UNITY.
24 In addition, all purchases over Five Thousand and No/100 Dollars ($5,000.00) m ade during the
25 life of this Agreement shall be identified as fixed assets with an assigned CO UNITY Accounting Inventory
26 Num ber. These fixed assets shall be retained by CO UNITY, as CO UNITY property, in the event this
27 Agreement is term hated or upon expiration of this Agreement. The CO NTRACTO Ragrees to
28 participate in an annual inventory of all CO WTY fixed assets and shall be physically present when fixed
-19-
1 assets are returned to CO WTY possession at the term nation or expiration of this Agreement.
2 CO NFRACTO Ris responsible for returning to CO WTY all CO WTY owned fixed assets upon the
3 expiration or term nation of this Agreem ent.
4 34. P UBLIC INFO FM ATIO N
5 CO NFRACTO Rshall disclose CO WTY as a funding source in all public inform ation and
6 program materials developed in support of contracted services.
7 35. N Q ICES
8 The persons and their addresses having authority to give and receive notices under this
9 Agreement include the following:
10 CO WTY CO NFRACTO R
11 Director of Social Services, County of Fresno Executive Director
12 a205 W Pontiac Way M rjaree M a;on Center, Inc.
13 Building 2 1 600 M Street
14 Clovis, CA 93612 F resno, CA 93721
15 Either party m ay change the inform etion in this section by giving notice as provided in this section.
16 All notices between the CO WTY and CO NFRACTO Rprovided for or perm tted under this Agreem Ent
17 m Lst be in writing and delivered either by personal service, by first-class United States m al, ar by an
18 overnight corn m ecial courier service, by telephonic facsim le transm ssion, or by Portable Docum Ent
19 Form at (PDF) docum ent attached to an ern al. A notice delivered by personal service is effective upon
20 service to the recipient. A notice delivered by first-class United States m al is effective three CO WTY
21 business days after deposit in the United States m al, postage prepaid, addressed to the recipient. A notice
22 delivered by an overnight corn m ecial courier service is effective one CO WTY business day after deposit
23 with the overnight com m ecial courier service, delivery fees prepaid, with delivery instructions given for next
24 day delivery, addressed to the recipient. A notice delivered by telephonic facsim le transm ssion or by PDF
25 document attached to an ern al is effective when transm'ssion to the recipient is com Oeted (but, if such
26 transm'ssion is com Meted outside of CO WTY's business hours, then such delivery is deemed to be
27 effective at the next beginning of a CO WTY business day), provided that the sender m eintains a m whine
28 record of the com Oeted transm ssion. For all claim sarising out of or related to this Agreem Ent, nothing in
-20-
1 this section establishes, waives, or m odifies any claim spresentation requirem ents or procedures provided
2 by law, including but not lim ted to the G cvernm ent Claim sAct (Division 3.6 of Title 1 of the G overnm ant
3 Code, beginning with section 810).
4 36. C HANG EO FLEADERSHIP/M ANAG EM ENT
5 In the event of any change in the status of CO NFRACTO Rs leadership or m anagem ent,
6 CO NTRACTO Rshall provide written notice to CO WTY within thirty (30) days from the date of change.
7 Such notification shall include any new leader or manager's name and address. "Leadership or
8 m anagem ent" shall include any em Idoyee, m ern ber, or owner of CO NFRACTO Rwho either a) directs
9 individuals providing services pursuant to this Agreem ent, b) exercises control over the manner in which
10 services are provided, or c) has authority over CO NFRACTO Rs finances.
11 37. NO THIRD-PARTY BENEFICIARIES
12 This Agreement does not and is not intended to create any rights or obligations for any person or
13 entity except for the parties.
14 38. A UTHO RZED SIG MTURE
15 CO NTRACTO Rrepresents and warrants to CO WTY that:
16 A. C O NTRACTO Ris duly authorized and ern powered to sign and perform its
17 obligations under this Agreement.
18 B. T he individual signing this Agreement on behalf of CO NTRACTO Ris duly
19 authorized to do so and his or her signature on this Agreement legally binds CO NTRACTO Rto the
20 terms of this Agreem ent.
21 39. ELECTRO NC SIG MTURE
22 The parties agree that this Agreement may be executed by electronic signature as provided in
23 this section. An "electronic signature" m eans any sym bol or process intended by an individual signing
24 this Agreement to represent their signature, including but not Iim ted to (1) a digital signature; (2) a faxed
25 version of an original handwritten signature; or (3) an electronically scanned and transm tted (for
26 exam Oe by PDF docum ent) of a handwritten signature. Each electronic signature affixed or attached to
27 this Agreement (1) is deem ed equivalent to a valid original handwritten signature of the person signing
28 this Agreement for all purposes, including but not Iim ted to evidentiary proof in any adm nistrative or
-21-
1 judicial proceeding, and (2) has the sam eforce and effect as the valid original handwritten signature of
2 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
3 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
4 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
5 and satisfied the requirem ents of G o✓ernm ent Code section 16.5, subdivision (a), paragraphs (1)
6 through (5), and agrees that each other party may rely upon that representation. This Agreement is not
7 conditioned upon the parties conducting the transactions under it by electronic m eans and either party
8 may sign this Agreement with an original handwritten signature.
9 40. C O LNTERPARTS
10 This Agreement may be signed in counterparts, each of which is an original, and all of which
11 together constitute this Agreement.
12 41. M ERNING LAW
13 Venue for any action arising out of or related to this Agreement shall only be in Fresno County,
14 California. The rights and obligations of the parties and all interpretation and perform ance of this
15 Agreement shall be governed in all respects by the laws of the State of California.
16 42. J URISDICTIO NAND VENUE
17 This Agreement is signed and performed in Fresno County, California. CO NTRACTO Rconsents
18 to California jurisdiction for actions arising from or related to this Agreem Ent, and, subject to the
19 G cvernment Claim sAct, all such actions m ust be brought and m antained in Fresno County.
20 43. N O WAIVER
21 Payment, waiver, or discharge by CO UNITY of any liability or obligation of CO NTRACTO Runder
22 this Agreem ent on any one or m ore occasions is not a waiver of perform ance of any continuing or other
23 obligation of CO NTRACTO Rand does not prohibit enforcement by CO WTY of any obligation on any
24 other occasion.
25 44. D ISPUTES
26 In the event of any dispute, claim ,question, or disagreem ent arising from or relating to this
27 agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute,
28 claim ,question, or disagreem ent. To this effect, they shall consult and negotiate with each other in good
-22-
1 faith and, recognizing their m utual interests, attem pt to reach a just and equitable solution satisfactory to
2 both parties. During this tim e� the parties will continue m eeting their contract responsibilities. If the
3 parties do not reach such solution within a period of 60 days, then the parties m ay take whatever action
4 is available to them by law.
5 45. S EVERABILITY
6 If anything in this Agreement is found by a court of corn petent jurisdiction to be unlawful or
7 otherwise unenforceable, the balance of this Agreem ent rem gins in effect, and the parties shall m eke
8 best efforts to replace the unlawful or unenforceable part of this Agreement with lawful and enforceable
9 term s intended to accom Oish the parties' original intent.
10 46. C O INSTRUCTIO N
11 The final form of this Agreem ent is the result of the parties' corn tined efforts. If anything in this
12 Agreement is found by a court of com petent jurisdiction to be am dguous, that am tiguity shall not be
13 resolved by construing the term sof this Agreem ent against either party.
14 47. D AYS
15 Unless otherwise specified, "days" m eans calendar days.
16 48. E NTIRE AG FEEM ENT
17 This Agreem ent, including its exhibits, constitutes the entire agreem Ent between the
18 CO NTRACTO Rand CO UNITY with respect to the subject m etter hereof and supersedes all previous
19 negotiations, proposals, com mtim ents, writings, advertisements, publications, and understanding of any
20 nature whatsoever unless expressly included in this Agreement. If there is any inconsistency between
21 the terms of this Agreem ent without its exhibits and the term sof the exhibits, then the inconsistency will
22 be resolved by giving precedence first to the term sof this Agreem ent without its exhibits, and then to the
23 terms of the exhibits.
24 ///
25 ///
26 ///
27
28
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1 The parties are signing this Agreement on the date stated in the introductory clause.
2 CONTRACTOR: COU TYJ OF FRESNO
3
4 Brian Pacheco, Chairman of the Board of
5
Supervisors of the County of Fresno
Print Name: Nicole Linder
6 Title: Executive Director
Chairman of the Board, or
7 President, or any Vice President
ATTEST:
8 Bernice E. Seidel
9 Clerk of the Board of Supervisors
County of Fresno, State of California
10 � )C-11
11 Marcus Martin /
Print Name: By:
12 Deputy
Title: Director of Finance
13 Secretary (of Corporation), or
14 any Assistant Secretary, or
Chief Financial Officer, or
15 any Assistant Treasurer
16
17 Mailing Address:
1600 M Street, Fresno, CA 93721
18 Contact: Executive Director
19 Phone No: (559) 237-4706
20
21
22 FOR ACCOUNTING USE ONLY:
Fund/Subclass: 0001/10000
23 ORG No.: 56107114
Account No.: 7870
24
25
26
27 SB:dpp
28
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Exhibit A
Page 1 of 2
SUM M ARiY O FSERVICES
O Ra PNIZATIO Na M rjaree M ason Center, Inc.
ADDRESS: 1 600 M Street, Fresno CA, 93721
TELEPHONE: ( 559) 237-4706
EM AIL: n icole@mmcenter.org
CO VACT: N icole Linder
CO WRACT TERM : D ecem ber 1 , 2022 — February 29, 2024
CO WRACT AM O INT: $ 50,000
M arjaree M ason Center, Inc. (M M Q shall provide a com prehensive plan to address
hom dessness am cng victims of domestic violence. The service plan will serve as a
fram eNork to address hom dessness for victim sthrough an assessm ent of overall
strengths, opportunities, needs, and assets in the com m unity. All recom m anded
practices m ust be feasible for local im pem entation upon com Petion of the service
plan.
I. C O NTRACTO RRESPO NSIBILITIES
A. M MC shall:
• Procure a qualified subcontractor to provide a plan.
o Subcontractor shall be procured no later than February 28, 2023.
o Selected subcontractor m ay be a unit of a local government, a
private non-profit, or a for-profit organization.
• Include Exhibit B, County HHAP Standard Agreement No. 20-197, in the
agreement with the subcontractor.
• Invoice no m ore than 7% of program costs for indirect costs.
• Meet with Department of Social Services (DSS) staff quarterly or as often
as needed for exchanging pertinent inform ation, resolving problems, and
m onitoring of services.
• Work with selected subcontractor to coordinate introductions to individuals
and organizations, meetings, and other efforts to gather local inform etion
in developing the plan.
• Provide the com Oeted hom dess dom estic violence plan to DSS no later
than January 31 , 2024.
• Present the plan to the FM CoC and respond to any questions regarding
the plan no later than the February 2024 Board of Directors and G eneral
Exhibit A
Page 2 of 2
M eetings. If the plan is corn pleted sooner than this date, the presentation
to the FM CoC shall occur sooner.
B. M M Cshall ensure selected subcontractor:
• Develops recom m andations that can achieve a high im pact on reducing
hom dessness for individuals and fam lies experiencing dom estic violence.
• Collaborates and engages with individuals with lived experience, local
governm ents, and com m unity partners, including but not lim ted to, other
organizations in the continuum who serve victim sof dom estic violence
and the FM CoC Lived Experience Advisory Board in order to:
i. dentify the unique needs and assets, and review local m arket data
on housing, health, and hom dessness due to dom estic violence;
ii. Pnalyze data about the population, program sand system sthat
address hom dessness due to dom estic violence; and
iii. Facilitate a series of input meetings to develop a comprehensive
plan.
• Engages individuals in a linguistically and culturally appropriate manner,
including the use of interpreters when needed.
II. C O UVTY RESPO NSIBILITIES
DSS shall:
• Designate a contact person for M M Cto com m unicate with when
necessary.
• Meet with M M Cquarterly or as often as needed, for exchanging pertinent
inform ation, resolving problem s, and m onitoring of services.
• Be available for interviews with M M Cand/or Subcontractor as part of
planning services.
• Provide data and documents requested by M M G as appropriate, that are
necessary to ensure planning is as accurate as possible.
Exhibit B
Page 1 of 27
Agreement No. 20-197
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable)
STD 213(Rev.03/2019) 20-HHAP-00097
1.This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Business,Consumer Services,and Housing Agency
CONTRACTOR NAME
County of Fresno(CA-514 Fresno Madera CoQ
2.The term of this Agreement is:
START DATE
Upon BCSH Approval
THROUGH END DATE
06/30/2025
3.The maximum amount of this Agreement is:
$2,954,437.15
4.The parties agree to comply with the terms and conditions of the following exhibits,which are by this reference made a part of the Agreement.
Exhibits Title Pages
Exhibit A Scope of Work 1-6
Exhibit B Budget Detail and Payment Provisions 7-10
Exhibit C Homeless Coordinating and Financing Council Terms and Conditions 1 1-20
Exhibit D Special Terms and Conditions 21
Exhibit P General Terms and Conditions 22
Items shown with on asterisk(*),are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents Can be viewed at httas://www.dgs.co.gov/OLS/Resources
IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BYTHE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.)
County of Fresno(CA-514 Fresno Madera CoQ
CONTRACTOR BUSINESS ADDRESS ATTEST: CITY STATE JZIP
PO Box 24055 BERNICE E.SEIDEL Fresno CA 93779
PRINTED NAME OF PERSON SIGNING Clerk of the Board of Supervisors TITLE
County of Fresno,State of California
Ernest Buddy Mendes '��, � Chairman,Board of Supervisors
By,
CONTRACTOR AUTHORIZED SIGNATURE Deputy DATE SIGNED
(V1 6LC) a03o
Page 1 of 2
Exhibit B
Page 2 of 27
Agreement No. 20-197
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable)
STD 213(Rev.03/2019) 20-HHAP-00097
1.This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Business,Consumer Services,and Housing Agency
CONTRACTOR NAME
County of Fresno(CA-514 Fresno Madera CoQ
2.The term of this Agreement is:
START DATE
Upon BCSH Approval
THROUGH END DATE
06/30/2025
3.The maximum amount of this Agreement is:
$2,954,437.15
4.The parties agree to comply with the terms and conditions of the following exhibits,which are by this reference made a part of the Agreement.
Exhibits Title Pages
Exhibit A Scope of Work 1-6
Exhibit B Budget Detail and Payment Provisions 7-10
Exhibit C Homeless Coordinating and Financing Council Terms and Conditions 11-20
+
Exhibit D Special Terms and Conditions 21
Exhibit E" General Terms and Conditions 22
Items shown with an asterisk('),are hereby incorporated by reference and made part of this agreement as if attached hereto.
these documents can be viewed at https.//www.dgsco.gov/OLS/Resources
IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.)
County of Fresno(CA-514 Fresno Madera CoC)
CONTRACTOR BUSINESS ADDRESS ATTEST: CITY STATE ZIP
PO Box 24055 BERNICE E. SEIDEL Fresno CA 193779
Clerk of the Board of Supervisors
PRINTED NAME OF PERSON SIGNING County of Fresno,State of California TITLE
Ernest Buddy Mendes By \ Deputy Chairman,Board of Supervisors
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
'f N1 a ac)ac>
Page 1 of 2
Exhibit B
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES Page 3 of 27
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable)
STD 213(Rev.03/2019) 20-HHAP-00097
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Business,Consumer Services,and Housing Agency
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
915 Capitol Mall,Suite 350A Sacramento CA 95814
PRINTED NAME OF PERSON SIGNING TITLE
Lourdes Castro Ramirez Secretary
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable)
Paae 2 of 2
Exhibit B
Page 4 of 27
For Accounting use only:
Fund:0065
Subclass: 17237
Org: 1132
Account:3575-State Other
Exhibit B
Page 5 of 27
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 1 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORK
1. AuthoritV
The State of California has established the Homeless Housing, Assistance, and
Prevention Program ("HHAP" or "Program" or "grant") pursuant to Chapter 6
(commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety
Code. (Added by Stats.2019, c. 159 (A.B. 101), § 10, eff. July 31 , 2019.)
The Program is administered by the California Homeless Coordinating and Financing
Council ("Council") in the Business, Consumer Services and Housing Agency
("Agency"). HHAP provides one-time flexible block grant funds to continuums of care,
large cities (population of 300,000+) and counties as defined in the December 6, 2019
HHAP Notice of Funding Availability ("NOFA") to support regional coordination and
expand or develop local capacity to address immediate homelessness challenges
informed by a best-practices framework focused on moving homeless individuals and
families into permanent housing and supporting the efforts of those individuals and
families to maintain their permanent housing.
This Standard Agreement along with all its exhibits ("Agreement") is entered into by
the Agency and a continuum of care, a city, or a county ("Grantee") under the authority
of, and in furtherance of the purpose of, the Program. In signing this Agreement and
thereby accepting this award of funds, the Grantee agrees to comply with the terms
and conditions of the Agreement, the NOFA under which the Grantee applied, the
representations contained in the Grantee's application, and the requirements of the
authority cited above.
2. Purpose
The general purpose of the Program is to provide one-time block grant funding to
support regional coordination, and to expand or develop local capacity to address
immediate homelessness challenges. Activities will be informed by a best-practices
framework focused on moving homeless individuals and families into permanent
housing and supporting the efforts of those individuals and families to maintain their
permanent housing. In accordance with the authority cited above, an application was
created and submitted by the Grantee for HHAP funds to be allocated for eligible uses
as stated in Health and Safety Code section 50219, subdivision (c)(1) — (8).
Homeless Housing, Assistance and Prevention Program 6,
kl
NOFA Date: December 6, 2019
Exhibit B
Page 6 of 27
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 2 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORK
3. Definitions
The following HHAP program terms are defined in accordance with Health and
Safety Code section 50216, subdivisions (a) — (q):
(a) "Agency" means the Business, Consumer Services and Housing Agency.
(b) "Applicant" means a continuum of care, city, or county.
(c) "City" means a city or city and county that is legally incorporated to provide local
government services to its population. A city can be organized either under the general
laws of this state or under a charter adopted by the local voters.
(d) "Continuum of care" means the same as defined by the United States Department
of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal
Regulations.
(e) "Coordinated Entry System" means a centralized or coordinated process
developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations,
as that section read on January 10, 2019, designed to coordinate homelessness
program participant intake, assessment, and provision of referrals. In order to satisfy
this subdivision, a centralized or coordinated assessment system shall cover the
geographic area, be easily accessed by individuals and families seeking housing or
services, be well advertised, and include a comprehensive and standardized
assessment tool.
(f) "Council" means the Homeless Coordinating and Financing Council created
pursuant to Section 8257 of the Welfare and Institutions Code.
(g) "Emergency shelter" has the same meaning as defined in subdivision (e) of Section
50801.
(h) "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the
Code of Federal Regulations, as that section read on January 10, 2019.
(i) "Homeless Management Information System" means the information system
designated by a continuum of care to comply with federal reporting requirements as
defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term
"Homeless Management Information System" also includes the use of a comparable
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit B
Page 7 of 27
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 3 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORK
database by a victim services provider or legal services provider that is permitted by
the federal government under Part 576 of Title 24 of the Code of Federal Regulations.
0) "Homeless point-in-time count" means the 2019 homeless point-in-time count
pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations. A jurisdiction
may elect to instead use their 2017 point-in-time count if they can demonstrate that a
significant methodology change occurred between the 2017 and 2019 point-in-time
counts that was based on an attempt to more closely align the count with HUD best
practices and undertaken in consultation with HUD representatives. Ajurisdiction shall
submit documentation of this to the agency by the date by which HUD's certification
of the 2019 homeless point-in-time count is finalized. The agency shall review and
approve or deny a request described in the previous sentence along with a
jurisdiction's application for homeless funding.
(k) "Homeless youth" means an unaccompanied youth between 12 and 24 years of
age, inclusive, who is experiencing homelessness, as defined in subsection (2) of
Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec.
11434a(2)). "Homeless youth" includes unaccompanied youth who are pregnant or
parenting.
(1) "Housing First" has the same meaning as in Section 8255 of the Welfare and
Institutions Code, including all of the core components listed therein.
(m) "Jurisdiction" means a city, city that is also a county, county, or continuum of care,
as defined in this section.
(m) "Jurisdiction" means a city, city that is also a county, county, or continuum of care,
as defined in this section.
(n) "Navigation center" means a Housing First, low-barrier, service-enriched shelter
focused on moving homeless individuals and families into permanent housing that
provides temporary living facilities while case managers connect individuals
experiencing homelessness to income, public benefits, health services, shelter, and
housing.
(o) "Program" means the Homeless Housing, Assistance, and Prevention program
established pursuant to this chapter.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit B
Page 8 of 27
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 4 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORK
(p) "Program allocation" means the portion of program funds available to expand or
develop local capacity to address immediate homelessness challenges, in the amount
of six hundred fifty million dollars ($650,000,000).
(q) "Recipient" means a jurisdiction that receives funds from the agency for the
purposes of the program.
Additional definitions for the purposes of the HHAP program:
"Obligate" means that the Grantee has placed orders, awarded contracts, received
services, or entered into similar transactions that require payment using HHAP
funding. Grantees, and the subrecipients who receive awards from those Grantees,
must obligate the funds by the statutory deadlines set forth in this Exhibit A.
"Expended" means all HHAP funds obligated under contract or subcontract have been
fully paid and receipted, and no invoices remain outstanding. In the case of an award
made through subcontracting, subcontractors are required to obligate the funds by the
same statutory deadlines.
"Grantee" means the continuum of care, city, or county that has entered into contract
with the Business, Consumer Services and Housing Agency and is receiving HHAP
funding.
4. Scope of Work
The Scope of Work ("Work") for this Agreement shall include uses that are consistent
with Health and Safety Code section 50219, subdivision (c)(1) — (8), and any other
applicable laws. Eligible uses include the following:
A. Rental assistance and rapid rehousing.
B. Operating subsidies in new and existing affordable or supportive housing units,
emergency shelters, and navigation centers. Operating subsidies may include
operating reserves.
C. Incentives to landlords, including, but not limited to, security deposits and holding
fees.
D. Outreach and coordination, which may include access to job programs, to assist
vulnerable populations in accessing permanent housing and to promote housing
stability in supportive housing.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit B
Page 9 of 27
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 5 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORK
E. Systems support for activities necessary to create regional partnerships and
maintain a homeless services and housing delivery system, particularly for
vulnerable populations including families and homeless youth.
F. Delivery of permanent housing and innovative housing solutions such as hotel and
motel conversions.
G. Prevention and shelter diversion to permanent housing.
H. New navigation centers and emergency shelters based on demonstrated need.
Demonstrated need for purposes of this paragraph shall be based on the following:
i. The number of available shelter beds in the city, county, or region served by
a continuum of care.
ii. Shelter vacancy rate in the summer and winter months.
iii. Percentage of exits from emergency shelters to permanent housing solutions.
iv. A plan to connect residents to permanent housing.
5. Agency Contract Coordinator
The Agency's Contract Coordinator for this Agreement is the Council's HHAP Grant
Manager or the Grant Manager's designee. Unless otherwise instructed, any notice,
report, or other communication requiring an original Grantee signature for this
Agreement shall be mailed to the Agency Contract Coordinator. If there are
opportunities to send information electronically, Grantee will be notified via email by
the HHAP Grant Manager or the Grant Manager's designee.
The Representatives during the term of this Agreement will be:
PROGRAM GRANTEE
ENTITY: Business Consumer Services and Continuum of Care for CA-514
Housing Agency Fresno Madera
SECTION/UNIT: Homeless Coordinating and Financing
Council (HCFC)
ADDRESS: 915 Capitol Mall Suite 350-A PO Box 24055
Sacramento, CA 95814 Fresno, CA 93779
CONTRACT MANAGER Amber Ostrander Laura Moreno
Program Manager
PHONE NUMBER: 916-651-7995 559-600-2335
EMAIL ADDRESS: Amber.Ostrander@bcsh.ca.gov Ihaga@fresnocountyca.gov
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit B
Page 10 of 27
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 6 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORK
All requests to update the Grantee information listed within this Agreement shall be
emailed to the Homeless Coordinating and Financing Council's general email box at
hcfc(ab_bcsh.ca.gov. The Council reserves the right to change their representative
and/or contact information at any time with notice to the Grantee.
6. Effective Date, Term of Agreement, and Deadlines
A. This Agreement is effective upon approval by the Agency (indicated by the
signature provided by Agency in the lower left section of page one, Standard
Agreement, STD. 213), when signed by all parties.
B. Contractual Obligation:
• Grantees that are counties must contractually obligate 100 percent of their full
program allocations on or before May 31, 2023.
• Grantees that are cities or continuums of care must contractually obligate no
less than 50 percent of program allocations on or before May 31, 2023.
Cities or continuums of care that contractually obligate less than 50 percent or program
allocations after May 31, 2023 are subject to an alternative disbursement plan as required
under (Health & Safety Code, § 50220, subdivision (a)(4)(B).
C. Full Expenditure of HHAP Grant Funds
• All HHAP grant funds (100 percent) must be expended by June 30, 2025. Any
funds not expended by that date shall revert to the General Fund. (Health &
Safety Code, § 50220, subdivision (e).)
7. Special Conditions
Agency reserves the right to add any special conditions to this Agreement it deems
necessary to ensure that the goals of the Program are achieved.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit B
Page 11 of 27
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 7 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Budget Detail & Changes
The Grantee agrees that HHAP funds shall be expended on uses that support regional
coordination and expand or develop local capacity to address immediate
homelessness challenges. Such activities must be informed by a best-practices
framework focused on moving homeless individuals and families into permanent
housing and supporting the efforts of those individuals and families to maintain their
permanent housing.
The Grantee shall expend HHAP funds on eligible activities as detailed in the annual
budget submitted with the Grantee's approved application. The Grantee shall submit
an updated budget with the annual report that revises and reports all actual and
projected expenditures of HHAP funds.
Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures
without prior approval by the Agency so long as the total expenditures (actual and
projected) for each eligible use category remain the same as described in the budget
approved with the Grantee's application. Any decrease or increase to the total
expenditures for any eligible use category must otherwise be approved by the
Council's HHAP Grant Manager or his/her designee, in writing, before the Grantee
may expend HHAP funds according to an alternative budget. The HHAP Grant
Manager will respond to Grantee with approval or denial of request. Failure to obtain
written approval from the Grant Manager or his/her designee as required by this
section may be considered a breach of this Agreement.
2. General Conditions Prior to Disbursement
All Grantees must submit the following forms prior to HHAP funds being released.-
A. Request for Funds Form (RFF)
B. STD 213 Standard Agreement - 2 original copies of the signed STD 213
form and initialed Exhibits A through E.
C. Data Use Agreement (all continuums of care, including those that
redirected funding to another jurisdiction - see Exhibit D for relevant
Special Terms and Conditions)
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit B
Page 12 of 27
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 8 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
3. Disbursement of Funds
HHAP funds will be disbursed to the Grantee upon receipt, review and approval of the
completed Standard Agreement and RFF by Agency, the Department of General
Services (DGS) and the State Controller's Office (SCO). Once Agency receives,
reviews, and signs off on the completed documents, the documents will be sent to
DGS for review. Once DGS review is completed, documents will be forwarded to SCO
for final review and fund disbursement. The RFF must include the proposed eligible
uses and the amount of funds proposed for expenditure under each eligible use.
HHAP funds will be disbursed in a single allocation via mailed check once the RFF
has been received by the SCO. Checks will be mailed to the address and contact
name listed on the RFF.
4. Expenditure of Funds
Specific requirements and deadlines for contractually obligating and expending
awarded funds are set forth in the Homeless Housing, Assistance, and Prevention
Program statutes. Health and Safety Code sections 50218, 50219, and 50220
mandate the following:
A. Up to 5 percent of the HHAP allocation may be expended for the following uses
that are intended to meet federal requirements for housing funding:
(1) Strategic homelessness plan, as defined in section 578.7(c) of Title 24 of
the Code of Federal Regulations; and/or
(2) Infrastructure development to support coordinated entry systems and
Homeless Management Information Systems.
B. No more than 7 percent of the HHAP allocation may be used for
administrative costs incurred by the Grantee.
C. At least 8 percent of the HHAP allocation shall be used to establish or expand
services for homeless youth populations.
D. Grantees that are cities or continuums of care shall contractually obligate no
less than 50 percent of HHAP funds by May 31, 2023. If less than 50 percent
is obligated after May 31, 2023, continuums of care and cities shall not expend
any remaining portion of the 50 percent of program allocations required to have
been obligated unless and until both of the following occur:
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit B
Page 13 of 27
Continuum of Care for CA-514 Fresno Madera
20-H HAP-00097
Page 9 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
(1) On or before June 30, 2023, the Grantee submits an alternative
disbursement plan to Agency that includes an explanation for the delay
and a plan to fully expend these funds by December 31, 2023.
(2) Agency approves the alternative disbursement plan.
If the funds identified in the approved alternative disbursement plan are not
fully expended by December 31, 2023, the funds shall be returned to
Agency.
E. Grantees that are counties shall contractually obligate the full allocation (100
percent) awarded to them by May 31, 2023. Any funds that are not
contractually obligated by this date shall be reverted to the continuum of
care that serves the county. Specific to Los Angeles County, funds that are not
contractually obligated by this date shall be divided proportionately using the
HHAP funding allocation formula among the four CoC's that serve Los
Angeles County: City of Glendale CoC, City of Pasadena CoC, the City of
Long Beach CoC, and the Los Angeles Homeless Services Authority.
Counties not obligating their full program allocation by May 31, 2023 are
required to notify Agency on or before that date, of the name of the CoC(s) in
which the county is served, and the amount of program funds that will be
reverted to the CoC(s). By June 30, 2023, the county shall provide Agency with
evidence that the funds were transferred and submit an updated budget that
clearly identifies the funds that were transferred.
F. All HHAP funds shall be expended by June 30, 2025.
G. Any funds not expended by June 30, 2025 shall revert to the General Fund.
5. Reimbursement
HHAP program funds should not generally be obligated or expended prior to the
effective date of this Agreement. However, Agency acknowledges that there may be
circumstances that would require reimbursement in order to prevent or address
homelessness in a given jurisdiction. When considering a reimbursement, the
following requirements are applicable:
A. Reimbursement is not permitted for activities occurring prior to July 1, 2019.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit B
Page 14 of 27
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 10 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
B. Reimbursement shall not supplant existing local funds for homeless housing,
assistance, or prevention.
C. Approval from HCFC must be obtained prior to obtaining reimbursement.
D. Capital improvement projects pertaining to emergency shelters and navigation
centers are still required to demonstrate need. Eligible applicants are required
to submit the following information for HCFC to review and approve or deny
such projects:
(1) The number of available shelter beds in the jurisdiction;
(2) The shelter vacancy rate in the summer and winter months;
(3) The percentage of exits from emergency shelters to permanent housing
solutions; and
(4) A plan to connect residents to permanent housing.
6. Ineligible Costs
HHAP funds shall not be used for costs associated with activities in violation of any
law or for any activities not consistent with the intent of the Program and the eligible
uses identified in Health and Safety Code sections 50218 and 50219.
Agency reserves the right to request additional clarifying information to determine the
reasonableness and eligibility of all uses of the funds made available by this
Agreement. If the Grantee or its funded subrecipients use HHAP funds to pay
for ineligible activities, the Grantee shall be required to reimburse these funds
to Agency.
An expenditure which is not authorized by this Agreement, or by written approval of
the Grant Manager or his/her designee, or which cannot be adequately documented,
shall be disallowed and must be reimbursed to Agency by the Grantee.
Agency, at its sole and absolute discretion, shall make the final determination
regarding the allowability of HHAP fund expenditures.
Program funds shall not be used to supplant existing local funds for homeless
housing, assistance, or prevention.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit B
Page 15 of 27
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 11 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
7. Administrative Costs
The Grantee must comply with Health and Safety Code section 50219, subdivision
(e), which limits the Grantee's administrative costs to no more than 7 percent of total
HHAP funds received. For purposes of this requirement, "administrative costs" does
not include staff or other costs directly related to implementing activities funded by the
Program allocation.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit B
Page 16 of 27
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 12 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
1. Termination and Sufficiency of Funds
A. Termination of Agreement
Agency may terminate this Agreement at any time for cause by giving a minimum
of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist
of violations of any conditions of this Agreement, any breach of contract as described
in paragraph 6 of this Exhibit C; violation of any federal or state laws; or withdrawal of
Agency's expenditure authority. Upon termination of this Agreement, unless
otherwise approved in writing by Agency, any unexpended funds received by the
Grantee shall be returned to Agency within 30 days of Agency's notice of termination.
B. Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made available to
Agency by legislative appropriation. In addition, this Agreement is subject to any
additional restrictions, limitations or conditions, or statutes, regulations or any other
laws, whether federal or those of the State of California, or of any agency, department,
or any political subdivision of the federal or State of California governments, which
may affect the provisions, terms or funding of this Agreement in any manner.
2. Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other means,
the rights, duties, or performance of this Agreement or any part thereof, except with
the prior written approval of Agency and a formal amendment to this Agreement to
affect such subcontract or novation.
3. Grantee's Application for Funds
Grantee has submitted to Agency an application for HHAP funds to support regional
coordination and expand or develop local capacity to address its immediate
homelessness challenges. Agency is entering into this Agreement on the basis of, and
in substantial reliance upon, Grantee's facts, information, assertions and
representations contained in that application, and in any subsequent modifications or
additions thereto approved by Agency. The application and any approved
modifications and additions thereto are hereby incorporated into this Agreement.
EQ i1
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit B
Page 17 of 27
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 13 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
Grantee warrants that all information, facts, assertions and representations contained
in the application and approved modifications and additions thereto are true, correct,
and complete to the best of Grantee's knowledge. In the event that any part of the
application and any approved modification and addition thereto is untrue, incorrect,
incomplete, or misleading in such a manner that would substantially affect Agency
approval, disbursement, or monitoring of the funding and the grants or activities
governed by this Agreement, then Agency may declare a breach of this Agreement
and take such action or pursue such remedies as are legally available.
4. Reporting/Audits
A. Annual Report Deadlines
By January 1, 2021, and annually on that date thereafter until all funds have been
expended, the Grantee shall submit an annual report to Agency in a format provided
by Agency. If the Grantee fails to provide such documentation, Agency may recapture
any portion of the amount authorized by this Agreement with a 14-day written
notification. No later than January 1, 2026, the Grantee shall submit a final report, in
a format provided by Agency, as well as a detailed explanation of all uses of the
Program funds.
B. Reporting Requirements
The annual report shall contain detailed information in accordance with Health and
Safety Code section 50221, subdivision (a).This information includes the following, as
well as any additional information deemed appropriate or necessary by Agency-
1. An ongoing tracking of the specific uses and expenditures of any Program
funds broken out by eligible uses listed, including the current status of those
funds.
2. The number of homeless individuals served by the Program funds in that year,
and a total number served in all years of the Program, as well as the homeless
populations served.
3. The types of housing assistance provided, broken out by the number of
individuals.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit B
Page 18 of 27
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 14 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
4. Outcome data for an individual served through Program funds, including the
type of housing that an individual exited to, the percent of successful housing
exits, and exit types for unsuccessful housing exits.
In addition to the annual reports, Agency requires the Grantee to submit quarterly
expenditure reports due no later than 30 days following the end of each fiscal quarter.
Grantee shall submit a report to the agency on a form and method provide by the
agency, that includes the ongoing tracking of the specific uses and expenditures of
any program funds broken out by eligible uses listed, including the current status of
those funds, as well as any additional information the agency deems appropriate or
necessary.
Agency may require additional supplemental reporting with written notice to the
Grantee.
C. Auditing
Agency reserves the right to perform or cause to be performed a financial audit. At
Agency request, the Grantee shall provide, at its own expense, a financial audit
prepared by a certified public accountant. HHAP administrative funds may be used
to fund this expense.
1. If a financial audit is required by Agency, the audit shall be performed by an
independent certified public accountant.
2. The Grantee shall notify Agency of the auditor's name and address immediately
after the selection has been made. The contract for the audit shall allow access
by Agency to the independent auditor's working papers.
3. The Grantee is responsible for the completion of audits and all costs of
preparing audits.
4. If there are audit findings, the Grantee must submit a detailed response
acceptable to Agency for each audit finding within 90 days from the date of the
audit finding report.
5. Inspection and Retention of Records
A. Record Inspection
The Grantee agrees that Agency or its designee shall have the right to review, obtain,
and copy all records and supporting documentation pertaining to performance under
this Agreement. The Grantee agrees to provide Agency, or its designee, with any
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit B
Page 19 of 27
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 15 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
relevant information requested. The Grantee agrees to give Agency or its designee
access to its premises, upon reasonable notice and during normal business hours, for
the purpose of interviewing employees who might reasonably have information
related to such records, and of inspecting and copying such books, records, accounts,
and other materials that may be relevant to an investigation of compliance with the
Homeless Housing, Assistance, and Prevention Program laws, the HHAP program
guidance document published on the website, and this Agreement.
B. Record Retention
The Grantee further agrees to retain all records described in subparagraph A for
a minimum period of five (5) years after the termination of this Agreement.
If any litigation, claim, negotiation, audit, monitoring, inspection or other action has
been commenced before the expiration of the required record retention period, all
records must be retained until completion of the action and resolution of all issues
which arise from it.
6. Breach and Remedies
A. Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
1. Grantee's failure to comply with the terms or conditions of this Agreement.
2. Use of, or permitting the use of, HHAP funds provided under this Agreement
for any ineligible activities.
3. Any failure to comply with the deadlines set forth in this Agreement.
B. Remedies for Breach of Agreement
In addition to any other remedies that may be available to Agency in law or equity for
breach of this Agreement, Agency may:
1. Bar the Grantee from applying for future HHAP funds;
2. Revoke any other existing HHAP award(s) to the Grantee;
3. Require the return of any unexpended HHAP funds disbursed under this
Agreement;
4. Require repayment of HHAP funds disbursed and expended under this
Agreement;
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit B
Page 20 of 27
Continuum of Care for CA-514 Fresno Madera
20-H HAP-00097
Page 16 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
5. Require the immediate return to Agency of all funds derived from the use of
HHAP funds including, but not limited to, recaptured funds and returned
funds; and
6. Seek, in a court of competent jurisdiction, an order for specific performance of
the defaulted obligation or the appointment of a receiver to complete the
technical assistance in accordance with HHAP requirements.
C. All remedies available to Agency are cumulative and not exclusive.
D. Agency may give written notice to the Grantee to cure the breach or violation within
a period of not less than 15 days.
7. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or
subsequent breach. The failure of Agency to enforce at any time the provisions of this
Agreement, or to require at any time, performance by the Grantee of these provisions,
shall in no way be construed to be a waiver of such provisions nor to affect the validity
of this Agreement or the right of Agency to enforce these provisions.
8. Nondiscrimination
During the performance of this Agreement, Grantee and its subrecipients shall not
unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex (gender), sexual orientation, gender identity,
gender expression, race, color, ancestry, religion, creed, national origin (including
language use restriction), pregnancy, physical disability (including HIV and AIDS),
mental disability, medical condition (cancer/genetic characteristics), age (over 40),
genetic information, marital status, military and veteran status, and denial of medical
and family care leave or pregnancy disability leave. Grantees and subGrantees shall
ensure that the evaluation and treatment of their employees and applicants for
employment are free from such discrimination and harassment. Grantee and its
subrecipients shall comply with the provisions of California's laws against
discriminatory practices relating to specific groups: the California Fair Employment
and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations promulgated
thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the provisions of Article 9.5,
Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135
- 11139.5). Grantee and its subrecipients shall give written notice of their obligations
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit B
Page 21 of 27
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 17 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
under this clause to labor organizations with which they have a collective bargaining
or other agreement.
9. Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. For instance,
Health and Safety Code section 50219, subdivision (h) states, "For purposes of
Section 1090 of the Government Code, a representative of a county serving on a
board, committee, or body with the primary purpose of administering funds or making
funding recommendations for applications pursuant to this chapter shall have no
financial interest in any contract, program, or project voted on by the board,
committee, or body on the basis of the receipt of compensation for holding public office
or public employment as a representative of the county."
Failure to comply with these laws, including business and financial disclosure
provisions, will result in the application being rejected and any subsequent contract
being declared void. Other legal action may also be taken. Additional applicable
statutes include, but are not limited to, Government Code section 1090 and Public
Contract Code sections 10410 and 10411.
A. Current State Employees: No State officer or employee shall engage in any
employment, activity, or enterprise from which the officer or employee receives
compensation or has a financial interest, and which is sponsored or funded by any
State agency, unless the employment, activity, or enterprise is required as a condition
of regular State employment. No State officer or employee shall contract on his or her
own behalf as an independent Grantee with any State agency to provide goods or
services.
B. Former State Employees: For the two-year period from the date he or she left State
employment, no former State officer or employee may enter into a contract in which
he or she engaged in any of the negotiations, transactions, planning, arrangements,
or any part of the decision-making process relevant to the contract while employed in
any capacity by any State agency. For the twelve-month period from the date he or
she left State employment, no former State officer or employee may enter into a
contract with any State agency if he or she was employed by that State agency in a
policy-making position in the same general subject area as the proposed contract
within the twelve-month period prior to his or her leaving State service.
C.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit B
Page 22 of 27
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 18 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
C. Employees of the Grantee: Employees of the Grantee shall comply with all
applicable provisions of law pertaining to conflicts of interest, including but not limited
to any applicable conflict of interest provisions of the a Political Reform Act of 1974
(Gov. Code, § 81000 et seq.).
D. Representatives of a County: A representative of a county serving on a board,
committee, or body with the primary purpose of administering funds or making funding
recommendations for applications pursuant to this chapter shall have no financial
E. interest in any contract, program, or project voted on by the board, committee, or
body on the basis of the receipt of compensation for holding public office or public
employment as a representative of the county.
10. Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies,
under penalty of perjury under the laws of State of California, that it and its
subrecipients will comply with the requirements of the Drug-Free Workplace Act of
1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by
taking the following actions:
A. Publish a statement notifying employees and subrecipients that unlawful
manufacture distribution, dispensation, possession, or use of a controlled substance
is prohibited and specifying actions to be taken against employees, Grantees, or
subrecipients for violations, as required by Government Code section 8355,
subdivision (a)(1).
B. Establish a Drug-Free Awareness Program, as required by Government Code
section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients
about all of the following:
1. The dangers of drug abuse in the workplace;
2. Grantee's policy of maintaining a drug-free workplace;
3. Any available counseling, rehabilitation, and employee assistance program;
and
4. Penalties that may be imposed upon employees, Grantees, and subrecipients
for drug abuse violations.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit B
Page 23 of 27
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 19 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
C. Provide, as required by Government Code section 8355, subdivision (a)(3), that
every employee and/or subrecipient that works under this Agreement:
1. Will receive a copy of Grantee's drug-free policy statement, and
2. Will agree to abide by terms of Grantee's condition of employment or
subcontract.
11. Child Support Compliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in
accordance with Public Contract Code 7110, that:
A. The Grantee 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 Grantee, 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.
12. Special Conditions — Grantees/SubGrantee
The Grantee agrees to comply with all conditions of this Agreement including the
Special Conditions set forth in Exhibit D. These conditions shall be met to the
satisfaction of Agency prior to disbursement of funds. The Grantee shall ensure that
all SubGrantees are made aware of and agree to comply with all the conditions of this
Agreement and the applicable State requirements governing the use of HHAP funds.
Failure to comply with these conditions may result in termination of this Agreement.
A. The Agreement between the Grantee and any SubGrantee shall require the
Grantee and its SubGrantees, if any, to:
1. Perform the work in accordance with Federal, State and Local housing and
building codes, as applicable.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit B
Page 24 of 27
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 20 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
2. Maintain at least the minimum State-required worker's compensation for those
employees who will perform the work or any part of it.
3. Maintain, as required by law, unemployment insurance, disability insurance,
and liability insurance in an amount that is reasonable to compensate any
person, firm or corporation who may be injured or damaged by the Grantee or
any SubGrantee in performing the Work or any part of it.
4. Agree to include all the terms of this Agreement in each subcontract.
13. Compliance with State and Federal Laws, Rules, Guidelines and Regulations
The Grantee agrees to comply with all state and federal laws, rules and regulations
that pertain to construction, health and safety, labor, fair employment practices,
environmental protection, equal opportunity, fair housing, and all other matters
applicable and/or related to the HHAP program, the Grantee, its subrecipients, and all
eligible activities.
Grantee shall also be responsible for obtaining any and all permits, licenses, and
approvals required for performing any activities under this Agreement, including those
necessary to perform design, construction, or operation and maintenance of the
activities. Grantee shall be responsible for observing and complying with any
applicable federal, state, and local laws, rules or regulations affecting any such work,
specifically those including, but not limited to, environmental protection, procurement,
and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of
permits and approvals to Agency upon request.
14. Inspections
A. Grantee shall inspect any work performed hereunder to ensure that the work is
being and has been performed in accordance with the applicable federal, state and/or
local requirements, and this Agreement.
B. Agency reserves the right to inspect any work performed hereunder to ensure that
the work is being and has been performed in accordance with the applicable federal,
state and/or local requirements, and this Agreement.
C. Grantee agrees to require that all work that is determined based on such
inspections not to conform to the applicable requirements be corrected and to withhold
payments to the subrecipient until it is corrected.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit B
Page 25 of 27
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 21 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
15. Litigation
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a
court of competent jurisdiction, such invalidity, at the sole discretion of Agency, shall
not affect any other provisions of this Agreement and the remainder of this Agreement
shall remain in full force and effect. Therefore, the provisions of this Agreement are
and shall be deemed severable.
B. The Grantee shall notify Agency immediately of any claim or action undertaken by
or against it, which affects or may affect this Agreement or Agency, and shall take
such action with respect to the claim or action as is consistent with the terms of this
Agreement and the interests of Agency.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit B
Page 26 of 27
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 22 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1. All proceeds from any interest-bearing account established by the Grantee for the
deposit of HHAP funds, along with any interest-bearing accounts opened by
subrecipients to the Grantee for the deposit of HHAP funds, must be used for
HHAP-eligible activities.
2. Any housing-related activities funded with HHAP funds, including but not limited to
emergency shelter, rapid-rehousing, rental assistance, transitional housing and
permanent supportive housing, must be in compliance or otherwise aligned with
the core components of Housing First, pursuant to Welfare and Institutions Code
section 8255, subdivision (b).
3. Grantee agrees to utilize its local Homeless Management Information System
(HMIS) to track HHAP-funded projects, services, and clients served. Grantee will
ensure that HMIS data are collected in accordance with applicable laws and in
such a way as to identify individual projects, services, and clients that are
supported by HHAP funding (e.g., by creating appropriate HHAP-specific funding
sources and project codes in HMIS).
4. Grantee agrees to participate in the statewide data system or warehouse created
by Agency to collect local data from California continuums of care through the
HMIS, and sign any required data use agreements allowing Agency to access
Grantee's HMIS data for that purpose.
5. If Grantee is a continuum of care or is a jurisdiction that accepted redirected funding
from a continuum of care, it shall review and execute a data use agreement no
later than July 31, 2020, in order to ensure compliance with Health and Safety
Code section 50219, subdivision (a)(7) and (10). Grantee's failure to timely
execute a data use agreement will constitute a breach of this Agreement. In this
event, BCSH, in its sole and absolute discretion, may exercise any and all
remedies permitted by this Agreement or by applicable law.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit B
Page 27 of 27
Continuum of Care for CA-514 Fresno Madera
20-H HAP-00097
Page 23 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT E
GENERAL TERMS AND CONDITIONS
This exhibit is incorporated by reference and made part of this agreement. This
document can be viewed at the following link:
https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-
Resources-List-Folder/Standard-Contract-Lanquage
E'01'�7
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit C
Page 1 of 2
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
m embers of a contractor's board of directors (hereinafter referred to as "County Contractor"),
m ust 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 m eans a transaction to which the corporation is a party and in
which one or m cre of its directors has a material financial interest"
The definition above will be utilized for purposes of com pleting this disclosure form .
INSTRUCTIO W-3
(1) Enter board m em ber's nam e, job title (if applicable), and date this disclosure is being
made.
(2) Enter the board m em ber's com pany/agency nam a and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to
the County. At a m nim urn ,include a description of the following:
a. The nam e of the agency/com pany with which the corporation has the
transaction; and
b. the nature of the m aterial financial interest in the Corporation's transaction that
the board m em ber has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form m ust be signed by the board m ern ber that is involved in the self-dealing
transaction described in Sections (3) and (4).
Exhibit C
Page 2of2
(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 w by this self-dealing transaction is consistent w th the requirements of Corporations
Code 5233 (a):
5 Authorized Signature
Signature: Date: