HomeMy WebLinkAboutAgreement A-23-066 with Turning Point.pdf Agreement No. 23-066
1 AGREEMENT
2 THIS AGREEMENT is made and entered into this 7th day of February, 2023, by and between
3 the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as
4 "COUNTY", and Turning Point of Central California, Inc., a California Non-Profit Corporation, whose
5 address is 615 South Atwood Street, Visalia, CA 93722, hereinafter referred to as SUBRECIPIENT.
6 WITNESSETH:
7 WHEREAS, COUNTY, through its Department of Social Services (DSS), is the Administrative Entity
8 for the Emergency Solutions Grants Program-Coronavirus (ESG-CV)funds, authorized by the Coronavirus
9 Aid, Relief, and Economic Stimulus (CARES) Act, Title XII, Homeless Assistance Grants Section, allocated
10 to the Fresno Madera Continuum of Care (FMCoC) by the California Department of Housing and
11 Community Development (HCD)to administer and implement ESG-CV in the FMCoC's jurisdiction, in
12 accordance with the provisions of 24 CFR Part 576 (as now in effect and as may be amended from time to
13 time) and the California Code of Regulations Title 25, Division 1, Chapter 7, Subchapter 20; and
14 WHEREAS, the FMCoC has a need for coordinated homeless services to address homelessness
15 throughout the Counties of Fresno and Madera; and
16 WHEREAS, COUNTY, as the administrative entity of HCD ESG-CV funding, is required to
17 collaborate and consult with the FMCoC regarding the use of HCD ESG-CV funds and the designation of
18 services and service provision in meeting the homeless needs in the community; and
19 WHEREAS, SUBRECIPIENT is willing and able to provide said homeless services, and related
20 supportive services to residents within the FMCoC jurisdiction pursuant to the terms and conditions of this
21 Agreement; and
22 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
23 contained, the parties hereto agree as follows:
24 1. SUBRECIPIENT'S SERVICES
25 SUBRECIPIENT shall perform all services as set forth in Exhibit A, Summary of Services,
26 attached hereto and incorporated herein by this reference.
27 SUBRECIPIENT shall provide specified services and activities pursuant to the staffing patterns
28 and program expenses detailed in Exhibit B, Budget Summary, attached hereto and incorporated herein
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1 by this reference.
2 SUBRECIPIENT represents that it is qualified, ready, willing, and able to perform all of the
3 services provided in this Agreement.
4 SUBRECIPIENT shall, at its own cost, comply with all applicable federal, state, and local laws
5 and regulations in the performance of its obligations under this Agreement, including but not limited to
6 workers compensation, labor, and confidentiality laws and regulations.
7 2. TERM
8 The term of this Agreement shall commence on February 7, 2023 through and including June 30,
9 2023.
10 3. TERMINATION
11 A. Non-Allocation of Funds
12 The terms of this Agreement, and the services to be provided hereunder, are contingent on the
13 approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the
14 services provided may be modified, or this Agreement terminated, at any time by giving the
15 CONTRACTOR thirty (30) days advance written notice.
16 B. Breach of Contract
17 The COUNTY may suspend or terminate this Agreement in whole or in part, where in the
18 determination of the COUNTY there is a breach.:
19 1) Obtained or used funds illegally or improperly;
20 2) A failure to comply with any term of this Agreement;
21 3) A substantially incorrect or incomplete report submitted to the COUNTY; or
22 4) Improperly performed any of its obligations under this Agreement.
23 Upon determining that a breach (as defined above) has occurred, COUNTY may give written
24 notice of the breach to SUBRECIPIENT. The written notice may suspend performance under this
25 Agreement, and must provide at least 30 days for SUBRECIPIENT to cure the breach.
26 If SUBRECIPIENT fails to cure the breach to COUNTY's satisfaction within the time stated in the
27 written notice, COUNTY may terminate this Agreement immediately.
28 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any
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1 breach of this Agreement or any default which may then exist on the part of the SUBRECIPIENT.
2 Neither shall such payment impair or prejudice any remedy available to the COUNTY with respect to the
3 breach or default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment
4 to the COUNTY of any funds disbursed to the SUBRECIPENT under this Agreement, which in the
5 judgment of the COUNTY were not expended in accordance with the terms of this Agreement. The
6 SUBRECIPENT shall promptly refund any such funds upon demand.
7 Any termination of this Agreement by the COUNTY under this Section Three is without penalty to
8 or further obligation of the COUNTY. This Section Three survives the termination of this Agreement.
9 C. Without Cause
10 Under circumstances other than those set forth above, this Agreement may be terminated by
11 SUBRECIPIENT, COUNTY or COUNTY's DSS Director, or designee, upon the giving of thirty (30) days
12 advance written notice of an intention to terminate this Agreement.
13 4. COMPENSATION
14 For actual services provided pursuant to the terms of this Agreement, COUNTY agrees to pay
15 SUBRECIPIENT and SUBREICIPIENT agrees to receive compensation in accordance with Exhibit B,
16 Budget Summary.
17 In no event shall compensation paid for services performed under this Agreement be in excess of
18 Three Hundred Fifty-Six Thousand Seven Hundred and No/100 Dollars ($356,700) during the term of this
19 Agreement.
20 The SUBRECIPENT is solely responsible for all of its costs and expenses that are not specified as
21 payable by the County under this Agreement. If SUBRECIPIENT should fail to comply with any provision of
22 the Agreement, COUNTY shall be relieved of its obligation for further compensation. Any compensation
23 which is not expended by SUBRECIPIENT pursuant to the terms and conditions of this Agreement shall
24 automatically revert to COUNTY.
25 SUBRECIPIENT acknowledges that COUNTY is a local government entity, and does so with notice
26 that the COUNTY's powers are limited by the California Constitution and by State law, and with notice that
27 SUBRECIPIENT may receive compensation under this Agreement only for services performed according to
28 the terms of this Agreement and while this Agreement is in effect, and subject to the maximum amount
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1 payable under this section. SUBRECIPIENT further acknowledges that COUNTY's employees have no
2 authority to pay SUBRECIPIENT except as expressly provided in this Agreement.
3 The services provided by the SUBRECIPIENT under this Agreement are funded in whole or in part
4 by the State of California and the United States Federal government. In the event that funding for these
5 services is delayed by the State Controller or the Federal government, COUNTY may defer payment to
6 SUBRECIPIENT. The amount of the deferred payment shall not exceed the amount of funding delayed to
7 the COUNTY. The period of time of the deferral by COUNTY shall not exceed the period of time of the
8 State Controller's or Federal government's delay of payment to COUNTY plus forty-five (45) days.
9 5. INVOICING
10 SUBRECPIENT shall invoice COUNTY's DSS in arrears by the tenth (101") of each month for
11 expenditures incurred and services rendered in the previous month to:
12 DSSlnvoices(aDfresnocountyca.gov. Payments by COUNTY's DSS shall be in arrears for actual services
13 provided during the preceding month, within forty-five (45) days after receipt, verification, and approval
14 of SUBRECIPIENT's invoices by COUNTY's DSS. A monthly activity report shall accompany the
15 invoice, reflecting services supported by the invoiced expenditures and be in a form and in such detail
16 as acceptable to the COUNTY's DSS. All final claims for funding shall be submitted by SUBRECIPIENT
17 within sixty (60) days following the final month of services. At the discretion of COUNTY's DSS Director
18 or his/her designee, COUNTY's DSS may deny payment of any invoice received more than sixty (60)
19 days following the final month of services.
20 At the discretion of COUNTY's DSS Director or designee, if an invoice is incorrect or is otherwise
21 not in proper form or detail, COUNTY's DSS Director or designee shall have the right to withhold
22 payment as to only that portion of the invoice that is incorrect or improper after five (5) days prior written
23 notice or email correspondence to SUBRECIPIENT. SUBRECIPIENT agrees to continue to provide
24 services for a period of ninety (90) days after written or email notification of an incorrect or improper
25 invoice. If after the ninety (90) day period the invoice has still not been corrected to COUNTY's DSS
26 satisfaction, COUNTY or COUNTY's DSS Director or designee may elect to terminate this Agreement,
27 pursuant to the termination provisions stated in Paragraph Three (3) of this Agreement.
28
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1 6. MODIFICATION
2 A. Any matters of this Agreement may be modified from time to time by the written
3 consent of SUBRECIPIENT and COUNTY without, in any way, affecting the remainder.
4 B. Notwithstanding the above, changes to line items in Exhibit B, Budget Summary,
5 in an amount not to exceed 10% of the maximum compensation payable to the subrecipient as identified
6 in Section Four (4) of this Agreement, may be made with the written approval of COUNTY's DSS
7 Director, or designee and SUBRECIPIENT. Budget line item changes shall not result in any change to
8 the maximum compensation amount payable to SUBRECIPIENT, as stated herein.
9 C. SUBRECIPIENT agrees that reductions to the maximum compensation set forth
10 in Section Four (4) of this Agreement may be necessitated by a reduction in funding from State or
11 Federal sources. Any such reduction to the maximum compensation may be made with the written
12 approval of COUNTY's DSS Director or designee and SUBRECIPIENT. SUBRECIPIENT further
13 understands that this Agreement is subject to any restrictions, limitations, or enactments of all legislative
14 bodies which affect the provisions, term, or funding of this agreement in any manner. If the parties do
15 not provide written approval for modification due to reduced funding, this Agreement may be terminated
16 in accordance with Section 3.A. above.
17 7. INDEPENDENT CONTRACTOR
18 In performance of the work, duties and obligations assumed by SUBRECIPIENT under this
19 Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the
20 SUBRECPIENT's officers, agents, and employees will at all times be acting and performing as an
21 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
22 employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no
23 right to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its
24 work and function. However, COUNTY shall retain the right to verify that SUBRECIPIENT is performing
25 its obligations in accordance with the terms and conditions of this Agreement.
26 SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and
27 regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
28 Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely no
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1 right to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be
2 solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee
3 benefits. In addition, SUBRECPIENT shall be solely responsible and save COUNTY harmless from all
4 matters relating to payment of SUBRECIPIENT's employees, including compliance with Social Security
5 withholding and all other regulations governing such matters. It is acknowledged that during the term of
6 this Agreement, SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to
7 this Agreement.
8 8. INDEMNITY AND DEFENSE
9 SUBRECIPIENT agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend
10 the COUNTY, its officers, agents, employees, and volunteers from any and all demands, injuries,
11 damages, costs, and expenses (including attorney's fees and costs), fines, penalties, liabilities, claims,
12 and losses of any kind occurring or resulting to COUNTY, SUBRECIPIENTS, or any third party that
13 arise from or relate to the performance, or failure to perform, by SUBRECIPIENT, its officers, agents, or
14 employees, or subcontractors under this Agreement, and from any and all costs and expenses
15 (including attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to
16 any person, firm, or corporation who may be injured or damaged by the performance, or failure to
17 perform, of SUBRECIPIENT, its officers, agents, or employees under this Agreement. COUNTY may
18 conduct or participate in its own defense without affecting SUBRECIPIENT's obligation to indemnify and
19 hold harmless or defend the COUNTY.
20 The provisions of this Section Eight (8) shall survive termination of this Agreement.
21 9. INSURANCE
22 Without limiting the COUNTY's right to obtain indemnification from SUBRECIPIENT or any third
23 parties, SUBRECIPIENT, at its sole expense, shall maintain in full force and effect, the following insurance
24 policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or
25 Joint Powers Agreement(JPA)throughout the term of the Agreement:
26 A. Commercial General Liability
27 Commercial General Liability Insurance with limits of not less than Two Million Dollars
28 ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
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1 policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
2 completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
3 liability or any other liability insurance deemed necessary because of the nature of this contract.
4 B. Automobile Liability
5 Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
6 ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
7 used in connection with this Agreement, including both owned and non-owned vehicles.
8 C. Professional Liability
9 If SUBRECIPIENT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in
10 providing services, Professional Liability Insurance with limits of not less than One Million Dollars
11 ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. SUBRECIPIENT
12 agrees that it shall maintain, at its sole expense, in full force and effect for a period of three (3)years
13 following the termination of this Agreement, one or more policies of professional liability insurance with
14 limits of coverage as specified herein.
15 D. Worker's Compensation
16 A policy of Worker's Compensation insurance as may be required by the California Labor Code.
17 E. Additional Requirements Relating to Insurance
18 SUBRECIPIENT shall obtain endorsements to the Commercial General Liability insurance
19 naming the County of Fresno, its officers, agents, and employees, individually and collectively, as
20 additional insured, but only insofar as the operations under this Agreement are concerned. Such
21 coverage for additional insured shall apply as primary insurance and any other insurance, or
22 self-insurance, maintained by COUNTY, its officers, agents, and employees shall be excess only and
23 not contributing with insurance provided under SUBRECIPIENT's policies herein. This insurance shall
24 not be cancelled or changed without a minimum of thirty (30) days advance written notice given to
25 COUNTY.
26 SUBRECIPIENT hereby waives its right to recover from COUNTY, its officers, agents, and
27 employees any amounts paid by the policy of worker's compensation insurance required by this
28 Agreement. SUBRECIPIENT is solely responsible to obtain any endorsement to such policy that may be
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1 necessary to accomplish such waiver of subrogation, but SUBRECIPIENT's waiver of subrogation under
2 this paragraph is effective whether or not SUBRECIPIENT obtains such an endorsement.
3 Within Thirty (30) days from the date SUBRECIPIENT signs and executes this Agreement,
4 SUBRECIPIENT shall provide certificates of insurance and endorsement as stated above for all of the
5 foregoing policies, as required herein, to the County of Fresno,
6 DSSContractlnsurance(a�fresnocountyca.gov, Attention: Contract Analyst, stating that such insurance
7 coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and
8 employees will not be responsible for any premiums on the policies; that for such worker's
9 compensation insurance the SUBRECIPIENT has waived its right to recover from the COUNTY, its
10 officers, agents, and employees any amounts paid under the insurance policy and that waiver does not
11 invalidate the insurance policy; that such Commercial General Liability insurance names the County of
12 Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only
13 insofar as the operations under this Agreement are concerned; that such coverage for additional insured
14 shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its
15 officers, agents and employees, shall be excess only and not contributing with insurance provided under
16 SUBRECIPIENT's policies herein; and that this insurance shall not be cancelled or changed without a
17 minimum of thirty (30) days advance, written notice given to COUNTY.
18 In the event SUBRECIPIENT fails to keep in effect at all times insurance coverage as herein
19 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
20 Agreement upon the occurrence of such event.
21 All policies shall be issued by admitted insurers licensed to do business in the State of
22 California, and such insurance shall be purchased from companies possessing a current A.M. Best, Inc.
23 rating of A FSC VII or better.
24 10. ASSIGNMENT AND SUBCONTRACTS
25 Neither party shall assign, transfer or sub contract this Agreement nor their rights or duties under
26 this Agreement without the prior written consent of the other party. Any transferee, assignee or
27 subcontractor will be subject to all applicable provisions of this Agreement, and all applicable State and
28 Federal regulations. SUBRECIPIENT shall be held primarily responsible by COUNTY for the
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1 performance of any transferee, assignee or subcontractor unless otherwise expressly agreed to in
2 writing by COUNTY. The use of subcontractor by SUBRECIPIENT shall not entitle SUBRECIPIENT to
3 any additional compensation than is provided for under this Agreement.
4 11. CONFLICT OF INTEREST
5 No officer, employee or agent of the COUNTY who exercises any function or responsibility for
6 planning and carrying out of the services provided under this Agreement shall have any direct or indirect
7 personal financial interest in this Agreement. In addition, no employee of the COUNTY shall be
8 employed by the SUBRECIPIENT under this Agreement to fulfill any contractual obligations with the
9 COUNTY. The SUBRECIPIENT shall comply with all Federal, State of California and local conflict of
10 interest laws, statutes and regulations, which shall be applicable to all parties and beneficiaries under
11 this Agreement and any officer, employee or agent of the COUNTY.
12 12. DISCLOSURE OF SELF-DEALING TRANSACTIONS
13 This provision is only applicable if the SUBRECIPIENT is operating as a corporation or if during
14 the term of the agreement, the SUBRECIPIENT changes its status to operate as a corporation.
15 Members of the SUBRECIPIENT's Board of Directors shall disclose any self-dealing
16 transactions that they are a party to while SUBRECIPIENT is providing goods or performing services
17 under this agreement. A self-dealing transaction shall mean a transaction to which the SUBRECIPIENT
18 is a party and in which one or more of its directors has a material financial interest. Members of the
19 Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and
20 signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and incorporated
21 herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing
22 transaction or immediately thereafter.
23 13. NON-DISCRIMINATION
24 During the performance of this Agreement, SUBRECIPIENT and its officers, employees, agents
25 and subcontractors shall not unlawfully discriminate in violation of any Federal, State or local law, rule or
26 regulation against any employee or applicant for employment, or recipient of services under this
27 Agreement, because of age, ethnic group identification, sex, gender, gender identity, gender expression,
28 sexual orientation, color, physical disability, mental disability, medical condition, national origin, race,
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1 ancestry, genetic information, marital status, religion, religious creed, military status, or veteran status.
2 A. Domestic Partners and Gender Identity
3 For State fund-funded contracts of$100,000 or more, SUBRECIPIENT certifies that it complies
4 with Public Contract Code Section 10295.3.
5 B. Americans with Disabilities Act
6 SUBRECIPIENT shall comply with the Americans with Disabilities Act (ADA) of 1990, which
7 prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines
8 issued pursuant to the ADA (42 U.S.C. 12101 et seq.)
9 C. SUBRECIPIENT shall include the non-discrimination and compliance provisions of this
10 section in all subcontracts to perform work under this Agreement.
11 14. LIMITED ENGLISH PROFICIENCY
12 SUBRECIPIENT shall provide interpreting and translation services to persons participating in
13 SUBRECIPIENT's services who have limited or no English language proficiency, including services to
14 persons who are deaf or blind. Interpreter and translation services shall be provided as necessary to
15 allow such participants meaningful access to the programs, services and benefits provided by
16 SUBRECIPIENT. Interpreter and translation services, including translation of SUBRECIPIENT's "vital
17 documents" (those documents that contain information that is critical for accessing SUBRECIPIENT's
18 services or are required by law) shall be provided to participants at no cost to the participant.
19 SUBRECIPIENT shall ensure that any employees, agents, subcontractors, or partners who interpret or
20 translate for a program participant, or who directly communicate with a program participant in a
21 language other than English, demonstrate proficiency in the participant's language and can effectively
22 communicate any specialized terms and concepts peculiar to SUBRECIPIENT's services.
23 15. CONFIDENTIALITY AND DATA SECURITY
24 All services performed by SUBRECIPIENT under this Agreement shall be in strict
25 conformance with all applicable Federal, State of California and/or local laws and regulations
26 relating to confidentiality.
27 For the purpose of preventing the potential loss, misappropriation or inadvertent disclosure of
28 COUNTY data including sensitive or personal client information; abuse of COUNTY resources; and/or
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1 disruption to COUNTY operations, individuals and/or agencies that enter into a contractual relationship
2 with COUNTY for the purpose of providing services under this Agreement must employ adequate data
3 security measures to protect the confidential information provided to SUBRECIPIENT by COUNTY,
4 including but not limited to the following:
5 A. Contractor-Owned Mobile/Wireless/Handheld Devices may not be connected to
6 COUNTY networks via personally owned mobile, wireless or handheld devices, except when authorized
7 by COUNTY for telecommuting and then only if virus protection software currency agreements are in
8 place, and if a secure connection is used.
9 B. Contractor-Owned Computers or Computer Peripherals may not be brought into
10 COUNTY for use, including and not limited to mobile storage devices, without prior authorization from
11 COUNTY's Chief Information Officer or her designee. Data must be stored on a secure server approved
12 by COUNTY and transferred by means of a VPN (Virtual Private Network) connection, or another type of
13 secure connection of this type if any data is approved to be transferred.
14 C. County-Owned Computer Equipment— SUBRECIPIENT or anyone having an
15 employment relationship with COUNTY may not use COUNTY computers or computer peripherals on
16 non-COUNTY premises without prior authorization from COUNTY's Chief Information Officer or her
17 designee.
18 D. SUBRECIPIENT may not store COUNTY's private, confidential or sensitive data
19 on any hard-disk drive.
20 E. SUBRECIPIENT is responsible to employ strict controls to insure the integrity and
21 security of COUNTY's confidential information and to prevent unauthorized access to data maintained in
22 computer files, program documentation, data processing systems, data files and data processing
23 equipment which stores or processes COUNTY data internally and externally.
24 F. Confidential client information transmitted to one party by the other by means of
25 electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of 128
26 BIT or higher. Additionally, a password or pass phrase must be utilized.
27 G. SUBRECIPIENT is responsible to immediately notify COUNTY of any breaches or
28 potential breaches of security related to COUNTY's confidential information, data maintained in
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1 computer files, program documentation, data processing systems, data files and data processing
2 equipment which stores or processes COUNTY data internally or externally.
3 H. SUBRECIPIENT shall require its subcontractors to comply with the provisions of
4 this Data Security section.
5 16. CLEAN AIR AND WATER
6 In the event the funding under this Agreement exceeds One Hundred Fifty Thousand and
7 No/100 Dollars ($150,000.00), SUBRECIPIENT shall comply with all applicable standards, orders or
8 requirements issued under the Clean Air Act, as amended, 42 U.S. Code 7401 et seq., and the Federal
9 Water Pollution Control Act, 33 U.S. Code 1251 et seq. Under these laws and regulations,
10 SUBRECIPIENT shall:
11 A. Assure the COUNTY that no facility shall be utilized in the performance of this
12 Agreement that has been listed on the Environmental Protection Agency (EPA) list of Violating Facilities;
13 B. Notify COUNTY prior to execution of this Agreement of the receipt of any
14 communication from the Director, Office of Federal Activities, U.S. EPA indicating that a facility to be
15 utilized in the performance of this Agreement is under consideration to be listed on the EPA list of
16 Violating Facilities;
17 C. Report each violation of the above laws to COUNTY and understand and agree
18 that the COUNTY will, in turn, report each violation as required to assure notification to the Federal
19 Emergency Management Agency (FEMA) and the appropriate Environmental Protection Agency
20 Regional Office; and
21 D. Include these requirements in each subcontract exceeding $150,000 financed in
22 whole or in part with federal assistance.
23 17. PROCUREMENT OF RECOVERED MATERIALS
24 In the performance of this Agreement, SUBRECIPIENT shall comply with section 6002 of the
25 Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
26 requirements of Section 6002 include procuring only items designated in guidelines of the
27 Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
28 recovered materials practicable, consistent with maintaining a satisfactory level of competition, where
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1 the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
2 preceding fiscal year exceeded $10,000. For contracts meeting this threshold SUBRECIPIENT shall
3 make maximum use of products containing recovered materials that are EPA-designated items unless
4 the product cannot be acquired:
5 i. Competitively within a timeframe providing for compliance with the
6 contract performance schedule;
7 ii. Meeting contract performance requirements; or
8 iii. At a reasonable price.
9 18. DRUG-FREE WORKPLACE REQUIREMENTS
10 For purposes of this paragraph, SUBRECIPIENT will be referred to as the "grantee". By drawing
11 funds against this grant award, the grantee is providing the certification that is required by regulations
12 implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F. These regulations
13 require certification by grantees that they will maintain a drug-free workplace. False certification or
14 violation of the certification shall be grounds for suspension of payments, suspension or termination of
15 grants, or government wide suspension or debarment. SUBRECIPIENT shall also comply with the
16 requirements of the Drug-Free Workplace Act of 1990 (California Government Code section 8350 et
17 seq.).
18 19. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
19 VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS
20 A. COUNTY and SUBRECIPIENT recognize that SUBRECIPIENT is a recipient of
21 Federal assistance funds under the terms of this Agreement. By signing this Agreement,
22 SUBRECIPIENT agrees to comply with applicable Federal suspension and debarment regulations,
23 including but not limited to: 7 CFR 3016.35, 29 CRF 97.35, 45 CFR 92.35, and Executive Order 12549.
24 By signing this Agreement, SUBRECIPIENT attests to the best of its knowledge and belief, that it and its
25 principals:
26 1) Are not presently debarred, suspended, proposed for debarment, declared
27 ineligible, or voluntarily excluded from participation in this transaction by any Federal department or
28 agency; and
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1 2) Shall not knowingly enter into any lower tier covered transaction with an entity
2 or person who is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
3 excluded from participation in this transaction by any Federal department or agency.
4 B. SUBRECIPIENT shall provide immediate written notice to COUNTY if at any time
5 during the term of this Agreement SUBRECIPIENT learns that the representations it makes above were
6 erroneous when made or have become erroneous by reason of changed circumstances
7 C. SUBRECIPIENT shall include a clause titled "Certification Regarding Debarment,
8 Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transactions" and similar in
9 nature to this Paragraph Nineteen (19) in all lower tier covered transactions and in all solicitations for
10 lower tier covered transactions.
11 D. SUBRECIPIENT shall, prior to soliciting or purchasing goods and services in
12 excess of$25,000 funded by this Agreement, review and retain the proposed vendor's suspension and
13 debarment status at https:Hsam.gov/SAM/.
14 E. The certification in Paragraph Nineteen (19) of this Agreement is a material
15 representation of fact upon which COUNTY relied in entering into this Agreement.
16 20. GRIEVANCES
17 SUBRECIPIENT shall establish procedures for handling client complaints and/or grievances.
18 Such procedures will include provisions for informing clients of their rights to a State Hearing to resolve
19 such issues when appropriate.
20 21. PROHIBITION ON PUBLICITY
21 None of the funds, materials, property or services provided directly or indirectly under this
22 Agreement shall be used for SUBRECIPIENT's advertising, fundraising, or publicity (i.e., purchasing of
23 tickets/tables, silent auction donations, etc.) for the purpose of self-promotion. Notwithstanding the
24 above, publicity of the services described in Paragraph One (1) of this Agreement shall be allowed as
25 necessary to raise public awareness about the availability of such specific services when approved in
26 advance by the Director or designee and at a cost as provided by SUBRECIPIENT in writing for such
27 items as written/printed materials, the use of media (i.e., radio, television, newspapers) and any other
28 related expense(s).
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1 22. LOBBYING AND POLITICAL ACTIVITY
2 None of the funds provided under this Agreement shall be used for publicity, lobbying or
3 propaganda purposes designed to support or defeat legislation pending in the Congress of the United
4 States of America or the Legislature of the State of California.
5 SUBRECIPIENT shall not directly or indirectly use any of the funds under this Agreement for any
6 political activity or to further the election or defeat of any candidate for public office.
7 23. STATE ENERGY CONSERVATION
8 SUBRECIPIENTS must comply with the mandatory standard and policies relating to energy
9 efficiency which are contained in the State Energy Conservation Plan issued in compliance with 42
10 United States (US) Code sections 6321, et. Seq.
11 24. FRATERNIZATION
12 SUBRECIPIENT shall establish procedures addressing fraternization between
13 SUBRECIPIENT's staff and clients. Such procedures will include provisions for informing
14 SUBRECIPIENT's staff and clients regarding fraternization guidelines.
15 25. INTERPRETATION OF LAWS AND REGULATIONS
16 COUNTY reserves the right to make final interpretations or clarifications on issues relating to Federal
17 and State laws and regulations, to ensure compliance.
18 26. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
19 SUBRECIPIENT, its officers, consultants, subcontractors, agents and employees shall comply
20 with all applicable State, Federal and local laws, regulations, and executive orders, as well as Federal
21 policies, procedures, and directives governing projects that utilize State and Federal Funds. This
22 includes laws, rules and regulations that pertain to construction, health and safety, labor, fair
23 employment practices, environmental protection, equal opportunity, fair housing, and all other matters
24 applicable or related to SUBRECIPIENT's services, the SUBRECIPIENT, its subcontractors, and all
25 eligible activities.
26 SUBRECIPIENT shall be responsible for obtaining all permits, licenses, and approvals required
27 for performing any activities under this Agreement, including those necessary to perform design,
28 implementation, operation, and maintenance of the activities. SUBRECIPIENT shall be responsible for
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1 observing and complying with any applicable federal, state, and local laws, rules, and regulations
2 affecting any such work, specifically those including, but not limited to, environmental protection,
3 procurement, and safety laws, rules, regulations, and ordinances. SUBRECIPIENT shall provide copies
4 of permits and approvals to COUNTY upon request.
5 27. ESG ELIGIBILITY AND REPORTING REQUIREMENTS
6 A. SUBRECIPIENT is required to accept referrals only through the FMCoC
7 Coordinated Entry System or COUNTY.
8 B. COUNTY's failure to inform SUBRECIPIENT of any reporting requirements shall
9 not relieve SUBRECIPIENT of compliance with any ESG eligibility and reporting requirements.
10 C. Subrecipient agrees, in accordance with the requirements of the ESG program,
11 that ALL beneficiaries of SUBRECIPIENT's activities provided under this Agreement must meet the
12 following minimum criteria:
13 1. Any individual or family provided with assistance through ESG must meet the U.S.
14 Department of Housing and Urban Development (HUD) definition of homeless and must be
15 documented.
16 2. The households targeted must be those most in need of this assistance and most
17 likely to achieve stable housing, whether subsidized or unsubsidized, outside of ESG after the program
18 concludes.
19 D. SUBRECIPIENT is expected to meet all other ESG requirements as described in
20 24 CFR Part 576.
21 28. MINIMUM DATA COLLECTION REQUIREMENTS
22 SUBRECIPIENT is required to collect and report client-level data in the local Homeless
23 Management Information System (HMIS) administered by the Fresno Housing Authority. Reporting
24 through HMIS is a requirement of ESG funding. HMIS will be used to collect data and report on outputs
25 and outcomes as required by HUD. SUBRECIPIENT is required to enter all client intakes, provide
26 regular updates and exit all clients once services are completed.
27 At a minimum, SUBRECIPIENT must enter the following information in the FMCoC HMIS
28 database for federal reporting purposes;
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1 (1) Name
2 (2) Social Security Number
3 (3) Date of Birth
4 (4) Race
5 (5) Ethnicity
6 (6) Gender
7 (7) Veteran Status
8 (8) Disabling Condition
9 (9) Residence Prior to Program Entry
10 (10) Zip Code of Last Permanent Address
11 (11) Housing Status
12 (12) Program Entry Date
13 (13) Program Exit Date
14 (14) Personal Identification Number
15 (15) Household Identification Number
16 (16) Income and Sources
17 (17) Non-Cash Benefits
18 (18) Destination (Where Client Will Stay Upon Exit)
19 (19) Financial Services Provided
20 (20) Housing Relocation and Stabilization Services Provided
21 COUNTY reserves the right to add additional reporting requirements as required by HUD.
22 29. NO OBLIGATION BY FEDERAL GOVERNMENT
23 The Federal Government is not a party to this contract and is not subject to any obligations or
24 liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from
25 this Agreement.
26 30. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
27 SUBRECIPIENT acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False
28 Claims and Statements) applies to SUBRECIPIENT's actions pertaining to this contract.
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1 31. RECORDS
2 A. Record Establishment and Maintenance
3 SUBRECIPIENT shall establish and maintain records in accordance with those
4 requirements prescribed by COUNTY, with respect to all matters covered by this Agreement.
5 SUBRECIPIENT shall retain all fiscal books, account records and client files for services performed
6 under this Agreement for at least five (5) years from date of final payment under this Agreement or until
7 all State and Federal audits are completed for that fiscal year, whichever is later.
8 B. Cost Documentation
9 1) SUBRECIPIENT shall submit to COUNTY within ten (10) calendar days
10 following the end of each month, all fiscal and program reports for that month. SUBRECIPIENT shall
11 also furnish to COUNTY such statements, records, data and information as COUNTY may request
12 pertaining to matters covered by this Agreement. In the event that SUBRECIPIENT fail to provide
13 reports as provided herein, it shall be deemed sufficient cause for COUNTY to withhold payments until
14 compliance is established.
15 2) All costs shall be supported by properly executed payrolls, time records,
16 invoices, vouchers, orders, or any other accounting documents pertaining in whole or in part to this
17 Agreement and they shall be clearly identified and readily accessible. The support documentation must
18 indicate the line budget account number to which the cost is charged.
19 3) COUNTY shall notify SUBRECIPIENT in writing within thirty (30) days of any
20 potential State or Federal audit exception discovered during an examination. Where findings indicate
21 that program requirements are not being met and State or Federal participation in this program may be
22 imperiled in the event that corrections are not accomplished by SUBRECIPIENT within thirty (30) days
23 of receipt of such notice from COUNTY, written notification thereof shall constitute COUNTY'S intent to
24 terminate this Agreement.
25 C. Service Documentation
26 SUBRECIPIENT agrees maintain records to verify services under this Agreement
27 including names and addresses of clients served, if applicable, and the dates of service and a
28 description of services provided on each occasion. These records and any other documents pertaining
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1 in whole or in part to this Agreement shall be clearly identified and readily accessible.
2 32. PUBLIC RECORDS
3 The COUNTY is not limited in any manner with respect to its public disclosure of this
4 Agreement or any record or data that the SUBRECIPIENT may provide to the COUNTY. The
5 COUNTY's public disclosure of this Agreement or any record or data that the SUBRECIPIENT may
6 provide to the COUNTY may include but is not limited to the following:
7 A. The COUNTY may voluntarily, or upon request by any member of the public or
8 governmental agency, disclose this Agreement to the public or such governmental agency.
9 B. The COUNTY may voluntarily, or upon request by any member of the public or
10 governmental agency, disclose to the public or such governmental agency any record or data that the
11 Contractor may provide to the COUNTY, unless such disclosure is prohibited by court order.
12 C. This Agreement, and any record or data that the SUBRECIPIENT may provide to
13 the COUNTY, is subject to public disclosure under the Ralph M. Brown Act (California Government
14 Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
15 D. This Agreement, and any record or data that the SUBRECIPIENT may provide to
16 the COUNTY, is subject to public disclosure as a public record under the California Public Records Act
17 (California Government Code, Title 1, Division 7, Chapter 3.5, beginning with section 6250) ("CPRA").
18 E. This Agreement, and any record or data that the SUBRECIPIENT may provide to
19 the COUNTY, is subject to public disclosure as information concerning the conduct of the people's
20 business of the State of California under California Constitution, Article 1, section 3, subdivision (b).
21 F. Any marking of confidentiality or restricted access upon or otherwise made with
22 respect to any record or data that the Contractor may provide to the COUNTY shall be disregarded and
23 have no effect on the COUNTY's right or duty to disclose to the public or governmental agency any such
24 record or data.
25 33. SINGLE AUDIT CLAUSE
26 If SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more
27 in Federal and Federal flow-through monies annually, SUBRECIPIENT agrees to conduct an annual
28 audit in accordance with the requirements of the Single Audit Standards as set forth in Office of
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1 Management and Budget (OMB) Title 2 of the Code of Federal Regulations Part 200. SUBRECIPIENT
2 shall submit said audit and management letter to COUNTY. The audit must include a statement of
3 findings or a statement that there were no findings. If there were negative findings, SUBRECIPIENT
4 must include a corrective action signed by an authorized individual. SUBRECIPIENT agrees to take
5 action to correct any material non-compliance or weakness found as a result of such audit. Such audit
6 shall be delivered to COUNTY's DSS, Administration, for review within nine (9) months of the end of any
7 fiscal year in which funds were expended and/or received for the program. Failure to perform the
8 requisite audit functions as required by this Agreement may result in COUNTY performing the necessary
9 audit tasks, or at COUNTY's option, contracting with a public accountant to perform said audit, or, may
10 result in the inability of COUNTY to enter into future agreements with SUBRECIPIENT. All audit costs
11 related to this Agreement are the sole responsibility of SUBRECIPIENT.
12 A. A single audit report is not applicable if all SUBRECIPIENT's Federal contracts do
13 not exceed the Seven Hundred Fifty Thousand Dollars ($750,000) requirement or SUBRECIPIENT's
14 funding is through Drug related Medi-Cal. If a single audit is not applicable, a program audit must be
15 performed and a program audit report with management letter shall be submitted by SUBRECIPIENT to
16 COUNTY as a minimum requirement to attest to SUBRECIPIENT's solvency. Said audit report shall be
17 delivered to COUNTY's DSS, Administration, for review no later than nine (9) months after the close of
18 the fiscal year in which the funds supplied through this Agreement are expended. Failure to comply with
19 this Act may result in COUNTY performing the necessary audit tasks or contracting with a qualified
20 accountant to perform said audit. All audit costs related to this Agreement are the sole responsibility of
21 SUBRECIPIENT who agrees to take corrective action to eliminate any material noncompliance or
22 weakness found as a result of such audit. Audit work performed by COUNTY under this paragraph shall
23 be billed to the SUBRECIPIENT at COUNTY cost, as determined by COUNTY's Auditor-
24 Controller/Treasurer-Tax Collector.
25 B. SUBRECIPIENT shall make available all records and accounts for inspection by
26 COUNTY, the State of California, if applicable, the Comptroller General of the United States, the Federal
27 Grantor Agency, or any of their duly authorized representatives, at all reasonable times for a period of at
28 least three (3) years following final payment under this Agreement or the closure of all other pending
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1 matters, whichever is later.
2 34. AUDITS AND INSPECTIONS
3 The SUBRECIPIENT shall at any time during business hours, and as often as the COUNTY may
4 deem necessary, make available to the COUNTY for examination all of its records and data with respect
5 to the matters covered by this Agreement, excluding attorney-client privileged communications. The
6 SUBRECIPIENT shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of
7 such records and data necessary to ensure SUBRECIPIENT's compliance with the terms of this
8 Agreement.
9 If this Agreement exceeds ten thousand dollars ($10,000.00), SUBRECIPIENT shall be subject
10 to the examination and audit of the Auditor General for a period of three (3) years after final payment
11 under contract (California Government Code Section 8546.7). This section survives the termination of
12 this Agreement.
13 In addition, SUBRECIPIENT shall cooperate and participate with COUNTY's fiscal review
14 process and comply with all final determinations rendered by the COUNTY's fiscal review process. If
15 COUNTY reaches an adverse decision regarding SUBRECIPIENT's services to consumers, it may
16 result in the disallowance of payment for services rendered; or in additional controls to the delivery of
17 services, or in the termination of this Agreement, at the discretion of COUNTY's DSS Director or
18 designee. If as a result of COUNTY's fiscal review process a disallowance is discovered due to
19 SUBRECIPIENT's deficiency, SUBRECIPIENT shall be financially liable for the amount previously paid
20 by COUNTY to SUBRECIPENT and this disallowance will be adjusted from SUBRECIPIENT's future
21 payments, at the discretion of COUNTY's DSS Director or designee. In addition, COUNTY shall have
22 the sole discretion in the determination of fiscal review outcomes, decisions, and actions.
23 35. CHILD SUPPORT COMPLIANCE ACT
24 If this Agreement includes State funding in excess of$100,000, the Subrecipient acknowledges
25 in accordance with Public Contract Code 7110, that:
26 A. SUBRECIPIENT recognizes the importance of child and family support
27 obligations and shall fully comply with all applicable state and federal laws relating to child and family
28 support enforcement, including, but not limited to, disclosure of information and compliance with
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1 earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of
2 Division 9 of the Family Code; and
3 B. SUBRECIPIENT to the best of its knowledge is fully complying with the earnings
4 assignment orders of all employees and is providing the names of all new employees to the New Hire
5 Registry maintained by the California Employment Development Department.
6 36. PRIORITY HIRING CONSIDERATIONS
7 If this Agreement includes State funding and services in excess of$200,000, SUBRECIPIENT
8 shall give priority consideration in filling vacancies in positions funded by the Agreement to qualified
9 recipients of aid under Welfare and Institutions Code Section 11200, in accordance with Public Contract
10 Code Section 10353.
11 37. SUBRECIPIENT's NAME CHANGE
12 An amendment, assignment, or new agreement is required to change the name of
13 SUBRECIPIENT as listed on this Agreement. Upon receipt of legal documentation of the name change
14 COUNTY will process the agreement. Payment of invoices presented with a new name cannot be paid
15 prior to approval of said agreement.
16 38. PROPERTY OF COUNTY
17 Any use of COUNTY funds provided under this Agreement, as specified in Exhibit B, for the
18 purchase of computer hardware, software, and printers must be approved by COUNTY prior to
19 purchase and must meet COUNTY specifications. SUBRECIPIENT agrees to take reasonable and
20 prudent steps to ensure the security of any and all said hardware and software provided to it by
21 COUNTY under this Agreement, and to maintain replacement-value insurance coverages on said
22 hardware and software approved by COUNTY.
23 In addition, all purchases over Five Thousand and No/100 Dollars ($5,000.00) made during the
24 life of this Agreement shall be identified as fixed assets with an assigned COUNTY Accounting Inventory
25 Number. These fixed assets shall be retained by COUNTY, as COUNTY property, in the event this
26 Agreement is terminated or upon expiration of this Agreement. The SUBRECIPIENT agrees to
27 participate in an annual inventory of all COUNTY fixed assets and shall be physically present when fixed
28 assets are returned to COUNTY possession at the termination or expiration of this Agreement.
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1 SUBRECIPIENT is responsible for returning to COUNTY all COUNTY owned fixed assets upon the
2 expiration or termination of this Agreement.
3 39. PUBLIC INFORMATION
4 SUBRECIPIENT shall disclose COUNTY as a funding source in all public information and
5 program materials developed in support of contracted services.
6 40. NOTICES
7 The persons and their addresses having authority to give and receive notices under this
8 Agreement include the following:
9 COUNTY SUBRECIPIENT
10 Director, County of Fresno Deputy Regional Director
11 Department of Social Services Turning Point of Central California, Inc.
12 P.O Box 1912 615 South Atwood Street
13 Fresno, CA 93718-1912 Visalia, CA 93277
14 Either party may change the information in this section by giving notice as provided in this section.
15 All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this Agreement
16 must be in writing and delivered either by personal service, by first-class United States mail, of by an
17 overnight commercial courier service, by telephonic facsimile transmission, or by Portable Document
18 Format(PDF) document attached to an email. A notice delivered by personal service is effective upon
19 service to the recipient. A notice delivered by first-class United States mail is effective three COUNTY
20 business days after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice
21 delivered by an overnight commercial courier service is effective one COUNTY business day after deposit
22 with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next
23 day delivery, addressed to the recipient. A notice delivered by telephonic facsimile transmission or by PDF
24 document attached to an email is effective when transmission to the recipient is completed (but, if such
25 transmission is completed outside of COUNTY's business hours, then such delivery is deemed to be
26 effective at the next beginning of a COUNTY business day), provided that the sender maintains a machine
27 record of the completed transmission. For all claims arising out of or related to this Agreement, nothing in
28 this section establishes, waives, or modifies any claims presentation requirements or procedures provided
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1 by law, including but not limited to the Government Claims Act(Division 3.6 of Title 1 of the Government
2 Code, beginning with section 810).
3 41. CHANGE OF LEADERSHIP/MANAGEMENT
4 In the event of any change in the status of SUBRECIPIENT's leadership or management,
5 SUBRECIPIENT shall provide written notice to COUNTY within thirty (30) days from the date of change.
6 Such notification shall include any new leader or manager's name and address. "Leadership or
7 management" shall include any employee, member, or owner of SUBRECIPIENT who either a) directs
8 individuals providing services pursuant to this Agreement, b) exercises control over the manner in which
9 services are provided, or c) has authority over SUBRECIPIENT's finances.
10 42. NO THIRD PARY BENEFICIARIES
11 This Agreement does not and is not intended to create any rights or obligations for any person or
12 entity except for the parties.
13 43. AUTHORIZED SIGNATURE
14 SUBRECIPIENT represents and warrants to COUNTY that:
15 (A) SUBRECIPIENT is duly authorized and empowered to sign and perform its obligations
16 under this Agreement.
17 (B) The individual signing this Agreement on behalf of SUBRECIPIENT is duly authorized to
18 do so and his or her signature on this Agreement legally binds SUBRECIPIENT to the terms of this
19 Agreement.
20 44. ELECTRONIC SIGNATURE
21 The parties agree that this Agreement may be executed by electronic signature as provided in
22 this section. An "electronic signature" means any symbol or process intended by an individual signing
23 this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
24 version of an original handwritten signature; or (3) an electronically scanned and transmitted (for
25 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to
26 this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing
27 this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or
28 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of
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1 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
2 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
3 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
4 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
5 through (5), and agrees that each other party may rely upon that representation. This Agreement is not
6 conditioned upon the parties conducting the transactions under it by electronic means and either party
7 may sign this Agreement with an original handwritten signature.
8 45. COUNTERPARTS
9 This Agreement may be signed in counterparts, each of which is an original, and all of which
10 together constitute this Agreement.
11 46. GOVERNING LAW, JURISDICTION, AND VENUE
12 The laws of the State of California govern all matters arising from or related to this
13 Agreement. This Agreement is signed and performed in Fresno County, California. SUBRECIPIENT
14 consents to California jurisdiction for actions arising from or related to this Agreement, and, subject to
15 the Government Claims Act, all such actions must be brought and maintained in Fresno County
16 47. NO WAIVER
17 Payment, waiver, or discharge by COUNTY of any liability or obligation of SUBRECIPIENT
18 under this Agreement on any one or more occasions is not a waiver of performance of any continuing or
19 other obligation of SUBRECIPIENT and does not prohibit enforcement by COUNTY of any obligation on
20 any other occasion.
21 48. DISPUTES
22 In the event of any dispute, claim, question, or disagreement arising from or relating to this
23 agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute,
24 claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good
25 faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to
26 both parties. During this time, the parties will continue meeting their contract responsibilities. If the
27 parties do not reach such solution within a period of 60 days, then the parties may take whatever action
28 is available to them by law.
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1 49. SEVERABILITY
2 If anything in this Agreement is found by a court of competent jurisdiction to be unlawful or
3 otherwise unenforceable, the balance of this Agreement remains in effect, and the parties shall make
4 best efforts to replace the unlawful or unenforceable part of this Agreement with lawful and enforceable
5 terms intended to accomplish the parties' original intent.
6 50. CONSTRUCTION
7 The final form of this Agreement is the result of the parties' combined efforts. If anything in this
8 Agreement is found by a court of competent jurisdiction to be ambiguous, that ambiguity shall not be
9 resolved by construing the terms of this Agreement against either party.
10 51. DAYS
11 Unless otherwise specified, "days" means calendar days.
12 52. ENTIRE AGREEMENT
13 This Agreement, including its exhibits, constitutes the entire agreement between the
14 SUBRECIPIENT and COUNTY with respect to the subject matter hereof and supersedes all previous
15 negotiations, proposals, commitments, writings, advertisements, publications, and understanding of any
16 nature whatsoever unless expressly included in this Agreement. If there is any inconsistency between
17 the terms of this Agreement without its exhibits and the terms of the exhibits, then the inconsistency will
18 be resolved by giving precedence first to the terms of this Agreement without its exhibits, and then to the
19 terms of the exhibits.
20 1H
21 1H
22 1H
23 1H
24 1H
25 1H
26 1H
27 1H
28 1H
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1 The parties are executing this Agreement on the date stated in the introductory clause.
2 SUBRECIPIENT: COUNTY OF FRESNO
3 � ,d _
4 Sa ui t ro, airman of the Board of Supervisors
of o Fresno
5 Print Name: Raymond Banks
6 Title: Chief Executive Officer
Chairman of the Board, or
7 President, or any Vice President
ATTEST:
8 Bernice E. Seidel
9 Clerk of the Board of Supervisors
I lA 4040
County of Fresno, State of California
10 W
11
Print Name: Will Goodall By:
12 Deputy
Title: Chief Financial Officer
13 Secretary (of Corporation), or
14 any Assistant Secretary, or
Chief Financial Officer, or
15 any Assistant Treasurer
16
17 Mailing Address:
1638 L Street
18 Fresno, CA 93721
19 Contact: Chief Executive Officer
20 Phone No: (559) 233-2663
21
22 FOR ACCOUNTING USE ONLY:
Fund/Subclass: 0001/10000
23 ORG No.: 56107094
Account No.:7870
24
25
26 SB:ynv
27
28
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Exhibit A
Page 1 of 3
SUMMARY OF SERVICES
ORGANIZATION: Turning Point of Central California, Inc. (TPOCC)
ADDRESS: 615 S Atwood, Visalia, CA 93277
SERVICE ADDRESS: 1642 L Street, Fresno, CA 93721
TELEPHONE: (559) 233-2663
CONTACT: Jody Ketcheside, Deputy Regional Director
EMAIL: jetcheside@tpocc.org
CONTRACT: Bridge Point Emergency Shelter Services
CONTRACT TERM: February 7, 2023 to June 30, 2023
SUMMARY OF SERVICES
Turning Point of Central California, Inc. (TPOCC)will provide thirty 24-hour low-barrier,
dormitory style emergency shelter beds with support services to individuals experiencing
homelessness. The goal of the program is to place individuals into a safe and secure shelter
while acquiring the documentation needed to enter into permanent housing. The provision of
this emergency shelter service will ensure that those being assessed for permanent housing
are easily located and are receiving the necessary services to be able to access housing in a
timely manner. Onsite services will be housing-focused including diversion pre-screenings,
case management, housing search and placement, and a connection to community resources.
TPOCC also offers three meals a day and snacks on site.
STAFFING
Bridge Point emergency shelter staffing provided by TPOCC must meet the minimum staffing
levels outlined in the Budget Summary (Exhibit B) of this agreement.
TARGET POPULATION
The target population of Bridge Point emergency shelter services are individuals or families that
are experiencing homelessness in Fresno and Madera Counties.
EMERGENCY SHELTER SERVICES
Bridge Point is intended to provide low barrier, emergency shelter services with case management
geared toward a housing focus approach. Services at Bridge Point will comprise of the following
components:
1. Emergency Shelter: Operate 30 emergency housing beds for households that have
been assessed for permanent housing utilizing the Fresno Madera Continuum of Care
Exhibit A
Page 2 of 3
(FMCoC) Coordinated Entry System (CES). Emergency housing beds will be restricted
to referrals from the FMCoC CES and Triage Centers. Basic services will include meals.
The maximum length of stay is three (3) months, subject to exceptions for documented
situations.
2. Case Management: Services include, but are not limited to the following:
a. Development of a housing plan based on each household's unique
circumstances;
b. Provision of supports necessary to foster self-sufficiency; and
c. Linkage to community resources to increase benefits or employment income.
3. Housing Search and Placement: Provide services and activities necessary to assist
program participants in locating, obtaining, and retaining safe permanent housing.
4. Navigation: Provide services necessary to assist participants obtain documentation
required for housing search and placement.
5. Diversion Pre-Screening: If appropriate, assess guests who present for homeless
services at the Bridge Housing facility for potential Diversion services, and if deemed
eligible, refer immediately to Diversion program staff.
CONTRACTOR RESPONSIBILITIES
• Provide annual Civil Rights training to their staff in the beginning of every calendar
year and provide relevant proof to the County of Fresno by April 1.
• Adhere to a low-barrier shelter policy. Shelter beds must be open to all eligible
applicants regardless of sexual orientation, marital status, or gender identification.
Guests must be allowed to enter with their partners, possessions, and pets.
• Register all guests and require them to sign a participation agreement that outlines
program policies and their agreement to services provided by Bridge Point emergency
shelter.
• Allow for 24-hour guest access and not exclude people because of intoxication or mental
illness.
• Accept referrals from the FMCoC CES and Triage Centers.
• Complete coordinated entry-approved assessments and enter all required data into HMIS,
in compliance with HUD data collection, management and reporting standards, within 72-
hours of program entry.
• Assume responsibility for providing case management and navigation services for all
participants.
• Coordinate with the referring agency to collect needed background information and
ensure a smooth transition from the previous case management or navigation service
provider.
• Distribute a shelter bed availability report to the FMCoC and the Triage Centers.
Engage in daily, ongoing collaboration and communication with the FMCoC and the
Triage Centers to ensure that they are aware of available shelter beds.
• In the event the number of referrals exceeds the number of available beds, TPOCC
will prioritize referrals using the following criteria: unsheltered homelessness, length
of homelessness, composition of household, medical conditions, and any other
relevant factors.
• Bridge Point must be staffed 24 hours a day, 7 days a week.
• Maintain a minimum staff-to-client ratio of 1:30 during daytime hours.
Exhibit A
Page 3 of 3
• Adhere to a "Good Neighbor" policy, whereby TPOCC will secure and maintain
the perimeter of the Bridge Housing facility, keeping clear of any nuisances and
code violations.
• Adhere to all ESG Regulations including but not limited to 24 CFR 576.403 and
CCR Title 25, Division 1, Chapter 7, Subchapter 20.
PERFORMANCE OUTCOMES
TPOCC shall provide complete and accurate monthly activity reports to the County of Fresno, in a
report format approved by the County by the 10th of each month.
TPOCC shall meet the following outcomes:
• A minimum of 85% bed utilization as measured by HMIS.
• 100% of participants will be connected to mainstream benefits (CalFresh,
Medi-Cal, etc.).
• A minimum of 65% of participants will be connected to a safe exit, as defined by one of
the following destinations: rental with or without subsidy, permanent shared-living
arrangement with family or friends, drug treatment facility, or psychiatric treatment
facility.
• A minimum of 40% of participants will transition to permanent housing (or other safe
exit)within 6 months of program entry.
BUDGET SUMMARY
ORGANIZATION: Turning Point of Central California, Inc.
SERVICES: Bridge Point Emergency Shelter Services
CONTRACT TERM: February 7, 2023 through June 30, 2023
CONTRACT AMOUNT: $ 356,700
Contract Budget
Budget Category Amount
Personnel
Salaries
1 FTE Case Manager
3.5 FTE Client Services Provider
0.7 FTE Monitor
0.7 FTE Cook
0.1 FTE Maintenance Worker
0.1 FTE Maintenance Supervisor
1 FTE Administrative Assistant
1 FTE Program Director
Payroll Taxes
Benefits
Subtotal $ 228,426
Services and Supplies
Client Meals
Client Personal Supplies
Shelter Furniture
Insurance
Communication
Office Expenses
Equipment
Travel Costs
Program Supplies
Fiscal &Audits
Subtotal $ 63,347
Facility Costs
Rent
Utilities
Maintenance
Security
Subtotal $ 32,500
Indirect Costs (10% Maximum)
Indirect Costs
Subtotal $ 32,427
Total $ 356,700