HomeMy WebLinkAboutAgreement A-15-057 with WestCare California Inc.pdf AGREEMENT NO. 15-057
1 AGREEMENT
2 This Agreement is made and entered into this 10th day of February, 2015,by and
3 between the COUNTY OF FRESNO, a Political Subdivision of the State of California,hereinafter
4 referred to as"COUNTY", and WestCare California,Inc.,a California Private Non-Profit
5 Organization,whose address is P.O. Box 12107,Fresno, CA 93776 ,hereinafter referred to as
6 "CONTRACTOR".
7 WITNESSETH:
8 WHEREAS,COUNTY,through its Department of Social Services(DSS)has received grant
9 funding from the United States Department of Housing and Urban Development(HUD)to administer
10 and implement the Emergency Solutions Grant(ESG)in the COUNTY OF FRESNO, in accordance
11 with the provision of 24 CRF Part 576(as now in effect and as may be amended from time to time)
12 and the laws of the State of California;and
13 WHEREAS,the COUNTY has a significant population of homeless people who are in need of
14 emergency homeless assistance activities;and
15 WHEREAS,CONTRACTOR is willing to support the Fresno Madera Continuum of Care
16 (FMCoQ partners and clients, is able to provide said emergency homeless assistance,and related
17 supportive services to residents of Fresno County defined by HUD to be homeless;and
18 WHEREAS,FMCoC has recommended CONTRACTOR to provide emergency shelter
19 services.
20 NOW,THEREFORE, in consideration of their mutual covenants and conditions,the
21 parties hereto agree as follows:
22 1. SERVICES
23 CONTRACTOR shall be held responsible for all services as set forth in Exhibit A,
24 "Summary of Services",attached hereto and by this reference incorporated herein and made part of
25 this Agreement.
26 2. TERM
27 This Agreement shall become effective on the 10`s day of February,2015 and shall
28 terminate on the 30''day of June,2015.This Agreement may be extended for two (2) subsequent
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1 twelve (12) month periods upon the same terms and conditions herein set forth.
2 3. TERMINATION
3 A. Non-Allocation of Funds - The terms of this Agreement, and the services to be
4 provided thereunder, are contingent on the approval of funds by the appropriating government agency.
5 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
6 terminated at any time by giving CONTRACTOR thirty (30) days advance written notice.
7 B. Breach of Contract- COUNTY may immediately suspend or terminate this
8 Agreement in whole or in part, where in the determination of COUNTY there is:
9 1) An illegal or improper use of funds;
10 2) A failure to comply with any term of this Agreement;
11 3) A substantially incorrect or incomplete report submitted to COUNTY;
12 4) Improperly performed service.
13 In no event shall any payment by COUNTY constitute a waiver by COUNTY of
14 any breach of this Agreement or any default which may then exist on the part of CONTRACTOR.
15 Neither shall such payment impair or prejudice any remedy available to COUNTY with respect to the
16 breach or default. COUNTY shall have the right to demand of CONTRACTOR the repayment to
17 COUNTY of any funds disbursed to CONTRACTOR under this Agreement, which in the judgment of
18 COUNTY were not expended in accordance with the terms of this Agreement. CONTRACTOR shall
19 promptly refund any such funds upon demand or, at COUNTY's option, such repayment shall be
20 deducted from future payments owing to CONTRACTOR under this Agreement.
21 C. Without Cause -Under circumstances other than those set forth above, this
22 Agreement may be terminated by CONTRACTOR or COUNTY or COUNTY's DSS Director, or
23 designee, upon the giving of thirty (30) days advance written notice of an intention to terminate the
24 Agreement.
25 4. COMPENSATION
26 For actual services provided as identified in the terms and conditions of this Agreement,
27 including Exhibit B, COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
28 compensation in accordance with Exhibit B, "Budget,"attached here to and by this reference
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1 incorporated herein. Mandated travel shall be reimbursed based on actual expenditures and mileage
2 reimbursement shall be at CONTRACTOR's adopted rate per mile, not to exceed the IRS published
3 rate. CONTRACTOR agrees to limit administrative cost to a maximum of 15%of the total program
4 budget and to limit employee benefits to a maximum of 20%of total salaries for those employees
5 working under this Agreement during the term of this Agreement. CONTRACTOR must match
6 contract amount dollar for dollar as required in 24 CFR 576.201. Payment shall be made upon
7 certification or other proof satisfactory to COUNTY's DSS that services have actually been performed
8 by CONTRACTOR as specified in this Agreement.
9 For the period of February 10, 2015 through June 30, 2015, in no event shall services
10 performed under this Agreement be in excess of Seventy Three Thousand Two Hundred and No/100
11 Dollars($73,200.00). For each subsequent twelve (12)month period of this Agreement, in no event
12 shall services performed be in excess of One Hundred Forty Six Thousand Four Hundred and No/100
13 Dollars ($146,400.00). The cumulative total of this Agreement shall not be in excess of Three
14 Hundred Sixty Six Thousand and No/100 Dollars ($366,000.00). It is understood that all expenses
15 incidental to CONTRACTOR's performance of services under this Agreement shall be borne by
16 CONTRACTOR.
17 Except as provided below regarding State payment delays,payments by COUNTY shall
18 be in arrears, for services provided during the preceding month, within forty-five (45) days after
19 receipt,verification and approval of CONTRACTOR's invoices by COUNTY's DSS. If
20 CONTRACTOR should fail to comply with any provision of this Agreement, COUNTY shall be
21 relieved of its obligation for further compensation. All final claims and/or any final budget
22 modification requests shall be submitted by CONTRACTOR within sixty(60) days following the final
23 month of service for which payment is claimed. No action shall be taken by COUNTY on claims
24 submitted beyond the sixty(60) day closeout period. Any compensation which is not expended by
25 CONTRACTOR pursuant to the terms and conditions of this Agreement shall automatically revert to
26 COUNTY.
27 The services provided by CONTRACTOR under this Agreement are funded in whole or
28 in part by the State of California. In the event that funding for these services is delayed by the State
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1 Controller, COUNTY may defer payment to CONTRACTOR. The amount of the deferred payment
2 shall not exceed the amount of funding delayed by the State Controller to COUNTY. The period of
3 time of the deferral by COUNTY shall not exceed the period of time of the State Controller's delay of
4 payment to COUNTY plus forty-five (45) days.
5 5. INVOICING
6 CONTRACTOR shall invoice COUNTY in arrears by the tenth (10"') of each month for
7 actual expenses incurred and services rendered in the previous month to:
8 DSSInvoices2co.fresno.ca.us. The Monthly Activity Report (MAR) shall accompany the invoice,
9 reflecting services supported by the invoiced expenditures and be in a form and in such detail as
10 acceptable to COUNTY's DSS. Invoices shall include all corresponding documentation submitted
11 and identified by line item, as identified in Exhibit B. Supporting documentation shall include but is
12 not limited to receipts, invoices received and documented administrative/overhead costs. No
13 reimbursement for services shall be made until invoices, reports and outcomes are received, reviewed
14 and approved by COUNTY's DSS.
15 At the discretion of COUNTY's DSS Director or designee, if an invoice is incorrect or is
16 otherwise not in proper form or substance, COUNTY's DSS Director or designee shall have the right
17 to withhold payment as to only that portion of the invoice that is incorrect or improper after five (5)
18 days prior notice to CONTRACTOR. CONTRACTOR agrees to continue to provide services for a
19 period of ninety (90) days after notification of an incorrect or improper invoice. If after the ninety (90)
20 day period,the invoice(s) is still not corrected to COUNTY's DSS satisfaction, COUNTY's DSS
21 Director or designee may elect to terminate this Agreement, pursuant to the termination provisions
22 stated in Section Three (3) of this Agreement. In addition, for invoices received ninety (90) days after
23 the expiration of each term of this Agreement or termination of this Agreement, at the discretion of
24 COUNTY's DSS Director or designee, COUNTY's DSS shall have the right to deny payment of any
25 additional invoices received.
26 6. INDEPENDENT CONTRACTOR
27 In performance of the work, duties, and obligations assumed by CONTRACTOR under
28 this Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of
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1 CONTRACTOR's officers, agents, and employees will at all times be acting and performing as an
2 independent contractor, and shall act in an independent capacity and not as an officer,agent, servant,
3 employee,joint venturer, partner, or associate of COUNTY. Furthermore, COUNTY shall have no
4 right to control or supervise or direct the manner or method by which CONTRACTOR shall perform
5 its work and function. However, COUNTY shall retain the right to administer this Agreement so as to
6 verify that CONTRACTOR is performing its obligations in accordance with the terms and conditions
7 thereof. CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the
8 rules and regulations, if any, of governmental authorities having jurisdiction over matters which are
9 directly or indirectly the subject of this Agreement.
10 Because of its status as an independent contractor, CONTRACTOR shall have
11 absolutely no right to employment rights and benefits available to COUNTY employees.
12 CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees
13 all legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and
14 save COUNTY harmless from all matters relating to payment of CONTRACTOR's employees,
15 including compliance with Social Security, withholding, and all other regulations governing such
16 matters. It is acknowledged that during the term of this Agreement, CONTRACTOR may be
17 providing services to others unrelated to COUNTY or to this Agreement.
18 7. MODIFICATION
19 A. Any matters of this Agreement may be modified from time to time by the written
20 consent of all the parties without, in any way, affecting the remainder.
21 B. Notwithstanding the above, changes to line items in the budget, attached hereto
22 as Exhibit B, in an amount not to exceed 10%of the total maximum compensation as identified in
23 Section Four(4) of this Agreement, may be made with the written approval of COUNTY's DSS
24 Director or designee and CONTRACTOR. Budget line item changes shall not result in any change to
25 the maximum compensation amount payable to CONTRACTOR, as stated herein.
26 C. CONTRACTOR hereby agrees that changes to the compensation under this
27 Agreement may be necessitated by a reduction in funding from State and/or Federal sources.
28 COUNTY's DSS Director or designee may modify the maximum compensation depending on State
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1 and Federal funding availability, as stated in Section Four(4) in this Agreement. CONTRACTOR
2 further understands that this Agreement is subject to any restrictions, limitations or enactments of all
3 legislative bodies which affect the provisions,term or funding of this Agreement in any manner.
4 8. NON-ASSIGNMENT
5 Neither party shall assign, transfer or subcontract this Agreement nor their rights or
6 duties under this Agreement without the prior written consent of the other party.
7 9. HOLD-HARMLESS
8 CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY's request,
9 defend COUNTY, its officers, agents and employees from any and all costs and expenses, including
10 attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to
11 COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its officers,
12 agents or employees under this Agreement, and from any and all costs and expenses, including
13 attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to any
14 person, firm or corporation who may be injured or damaged by the performance, or failure to perform,
15 of CONTRACTOR, its officers, agents or employees under this Agreement. In addition,
16 CONTRACTOR agrees to indemnify COUNTY for Federal, State of California and/or local audit
17 exceptions resulting from noncompliance herein on the part of the CONTRACTOR.
18 10. INSURANCE
19 Without limiting COUNTY's right to obtain indemnification from CONTRACTOR or
20 any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect the
21 following insurance policies throughout the term of this Agreement:
22
A. Commercial General Liability
23
Commercial General Liability Insurance with limits of not less than One Million
24 Dollars ($1,000,000)per occurrence and an annual aggregate of Two Million
25 Dollars ($2,000,000). This policy shall be issued on a per occurrence basis.
COUNTY may require specific coverage including completed operations,
26 product liability, contractual liability, Explosion, Collapse, and Underground
27 (XCU), fire legal liability or any other liability insurance deemed necessary
because of the nature of the Agreement.
28
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1 B. Automobile Liability
2 Comprehensive Automobile Liability Insurance with limits for bodily injury of
3 not less than Two Hundred Fifty Thousand Dollars ($250,000) per person, Five
Hundred Thousand Dollars ($500,000)per accident and for property damages of
4 not less than Fifty Thousand Dollars ($50,000), or such coverage with a
combined single limit of Five Hundred Thousand Dollars ($500,000). Coverage
5 should include owned and non-owned vehicles used in connection with this
6 Agreement.
7 C. Professional Liability
8 If CONTRACTOR employs licensed professional staff(e.g. Ph.D., R.N.,
L.C.S.W., M.F.C.T.) in providing services,Professional Liability Insurance with
9 limits of not less than One Million Dollars ($1,000,000)per occurrence, Three
10 Million Dollars($3,000,000)annual aggregate.
11 D. Worker's Compensation
12 A policy of Worker's Compensation Insurance as may be required by the
California Labor Code.
13
14 CONTRACTOR shall obtain endorsements to the Commercial General Liability
15 insurance naming the County of Fresno, its officers, agents, and employees, individually and
16 collectively, as additional insured, but only insofar as the operations under this Agreement are
17 concerned. Such coverage for additional insured shall apply as primary insurance and any other
18 insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be
19 excess only and not contributing with insurance provided under CONTRACTOR's policies herein.
20 This insurance shall not be cancelled or changed without a minimum of thirty(30) days advance
21 written notice given to COUNTY.
22 Within thirty(30)days from the date CONTRACTOR signs this Agreement,
23 CONTRACTOR shall provide certificates of insurance and endorsements as stated above for all of
24 the foregoing policies, as required herein, to the County of Fresno, DSS,PO BOX 1912, Fresno,
25 California, 93718-1912, Attention: Contracts, stating that such insurance coverages have been
26 obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be
27 responsible for any premiums on the policies; that such Commercial General Liability insurance
28 names the County of Fresno, its officers, agents and employees, individually and collectively, as
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1 additional insured,but only insofar as the operations under this Agreement are concerned; that such
2 coverage for additional insured shall apply as primary insurance and any other insurance, or self-
3 insurance, maintained by COUNTY, its officers,agents and employees, shall be excess only and not
4 contributing with insurance provided under CONTRACTOR's policies herein; and that this insurance
5 shall not be cancelled or changed without a minimum of thirty(30) days advance, written notice given
6 to COUNTY.
7 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as
8 herein provided, COUNTY may, in addition to other remedies it may have, suspend or terminate this
9 Agreement upon the occurrence of such event.
10 All policies shall be with admitted insurers licensed to do business in the State of
11 California. Insurance purchased shall be from companies possessing a current A.M. Best, Inc. rating
12 of A FSC VII or better.
13 11. CONFIDENTIALITY
14 All services performed by CONTRACTOR under this Agreement shall be in strict
15 conformance with all applicable Federal, State of California and/or local laws and regulations relating
16 to confidentiality.
17 12. NON-DISCRIMINATION
18 During the performance of this Agreement CONTRACTOR shall not unlawfully
19 discriminate against any employee or applicant for employment, or recipient of services, because of
20 ethnic group identification, gender, gender identity, gender expression, sexual orientation, color,
21 physical disability, mental disability, medical condition, national origin, race, ancestry, marital status,
22 religion,or religious creed,pursuant to all applicable State of California and Federal statutes and
23 regulations.
24 13. CONFLICT OF INTEREST
25 No officer, agent, or employee of COUNTY who exercises any function or
26 responsibility for planning and carrying out the services provided under this Agreement shall have any
27 direct or indirect personal financial interest in this Agreement. No officer, agent, or employee of
28 COUNTY who exercises any function or responsibility for planning and carrying out the services
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1 provided under this Agreement shall have any direct or indirect personal financial interest in this
2 Agreement. In addition, no employee of COUNTY shall be employed by CONTRACTOR to fulfill
3 any contractual obligations with COUNTY. CONTRACTOR shall also comply with all Federal, State
4 of California, and local conflict of interest laws, statutes, and regulations, which shall be applicable to
5 all parties and beneficiaries under this Agreement and any officer, agent, or employee of COUNTY.
6 14. CHARITABLE CHOICE
7 CONTRACTOR may not discriminate in its program delivery against a client or
8 potential client on the basis of religion or religious belief, a refusal to hold a religious belief, or a
9 refusal to actively participate in a religious practice. Any specifically religious activity or service made
10 available to individuals by CONTRACTOR must be voluntary as well as separate in time and location
11 from County funded activities and services. CONTRACTOR shall inform COUNTY as to whether it
12 is faith-based. If CONTRACTOR identifies as faith-based it must submit to DSS a copy of its policy
13 on referring individuals to an alternate treatment provider, and include a copy of this policy in its
14 client admission forms. The policy must inform individuals that they may be referred to an alternative
15 provider if they object to the religious nature of the program, and include a notice to DSS. Adherence
16 to this policy will be monitored during annual site reviews, and a review of client files. If
17 CONTRACTOR identifies as faith-based, by July 1 of each year CONTRACTOR will be required to
18 report to DSS the number of individuals who requested referrals to alternate providers based on
19 religious objection.
20 15. PROHIBITION ON PUBLICITY
21 None of the funds, materials, property or services provided directly or indirectly under
22 this Agreement shall be used for CONTRACTOR's advertising, fundraising, or publicity (i.e.,
23 purchasing of tickets/tables, silent auction donations,etc.) for the purpose of self-promotion.
24 Notwithstanding the above, publicity of the services described in Section One (1) of this Agreement
25 shall be allowed as necessary to raise public awareness about the availability of such specific services
26 when approved in advance by the Director or designee and at a cost as provided in Exhibit B 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 16. PUBLIC INFORMATION
2 CONTRACTOR shall disclose COUNTY as a funding source in all public information.
3 17. DISCLOSURE OF SELF-DEALING TRANSACTIONS
4 This provision is only applicable if CONTRACTOR is operating as a corporation(a for-
5 profit or non-profit corporation) or if during the term of this Agreement, CONTRACTOR changes its
6 status to operate as a corporation.
7 Members of CONTRACTOR's Board of Directors shall disclose any self-dealing
8 transactions that they are a party to while CONTRACTOR is providing goods or performing services
9 under this Agreement. A self-dealing transaction shall mean a transaction to which CONTRACTOR
10 is a party and in which one or more of its directors has a material financial interest. Members of the
11 Board of Directors shall disclose any self-dealing transactions that they are a party to by completing
12 and signing a Self-Dealing Transaction Form, attached hereto as Exhibit C and by this reference
13 incorporated herein, and submitting it to COUNTY prior to commencing with the self-dealing
14 transaction or immediately thereafter.
15 18. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
16 INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED
17 TRANSACTIONS
18 A. COUNTY and CONTRACTOR recognize that Federal assistance funds may be
19 used under the terms of this Agreement. For purposes of this section, CONTRACTOR will be
20 referred to as the"prospective recipient".
21 B. This certification is required by the regulations implementing Executive Order
22 12549, Debarment and Suspension, 29 Code of Federal Regulations (CFR) Part 98, section 98.510,
23 Participants' Responsibilities.
24 (1) The prospective recipient of Federal assistance funds certifies by entering
25 this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for
26 debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
27 Federal department or agency.
28 (2) The prospective recipient of Funds agrees by entering this Agreement,
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1 that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
2 suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
3 unless authorized by the Federal department or agency with which this transaction originated.
4 (3) Where the prospective recipient of Federal assistance funds is unable to
5 certify to any of the statements in this certification, such prospective participant shall attach an
6 explanation to this Agreement.
7 (4) The prospective recipient shall provide immediate written notice to
8 COUNTY if at any time prospective recipient learns that its certification in Section Eighteen (18)of
9 this Agreement was erroneous when submitted or has become erroneous by reason of changed
10 circumstances.
11 (5) The prospective recipient further agrees that by entering into this
12 Agreement, it will include a clause identical to Section Eighteen (18) of this Agreement entitled
13 "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier
14 Covered Transactions", in all lower tier covered transactions and in all solicitations for lower tier
15 covered transactions.
16 (6) The certification in Section Eighteen(18) of this Agreement
17 is a material representation of fact upon which COUNTY relied in entering into this Agreement.
18 19. ESG ELIGIBILITY AND REPORTING REQUIREMENTS
19 A. CONTRACTOR is required to be a member in good standing of the
20 FMCoC. A member in good standing is defined as a current dues paid member with attendance at a
21 minimum of 75%of all FMCoC Director's meetings.
22 B. CONTRACTOR is required to utilize the FMCoC Coordinated Assessment Housing
23 Match (CAHM) system for all clients served under ESG.
24 C. COUNTY's failure to inform CONTRACTOR that ESG funds are provided under this
25 Agreement of any reporting requirements shall not relieve CONTRACTOR of compliance with any
26 ESG eligibility and reporting requirements. CONTRACTOR agrees, in accordance with the
27 requirements of the ESG Program, that ALL beneficiaries of CONTRACTOR's activities provided
28 under this Agreement must meet the following minimum criteria:
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1 (1) Any individual or family provided with financial assistance through ESG must
2 meet the HUD definition of homeless and must be documented.
3 (2) The household must be at or below 30%of the Annual Area Median Income
4 (AMI) as referenced in Exhibit D, incorporated herein by reference and made part of this Agreement.
5 The AMI may change on a yearly basis and CONTRACTOR is required to use the most recent version
6 as provided by COUNTY.
7 (3) The households targeted must be those most in need of this temporary assistance
8 and most likely to achieve stable housing, whether subsidized or unsubsidized, outside of ESG after
9 the program concludes.
10 D. CONTRACTOR is expected to meet all other ESG requirements including adherence
11 to ESG certifications as referenced in Exhibit E, incorporated herein by reference and made part of
12 this Agreement.
13 20. LOBBYING ACTIVITY
14 None of the funds provided under this Agreement shall be used for publicity, lobbying
15 or propaganda purposes designed to support or defeat legislation pending in the Congress of the
16 United States of America or the Legislature of the State of California.
17 21. POLITICAL ACTIVITY
18 CONTRACTOR shall not directly or indirectly use any of the funds under this
19 Agreement for any political activity or to further the election or defeat of any candidate for public
20 office.
21 22. SUPPLEMENTAL SOURCES
22 CONTRACTOR shall not use any funds under this Agreement to the extent that there
23 are any other existing or contemplated funds available to CONTRACTOR to be expended for the same
24 services covered by this Agreement. Upon confirmation that CONTRACTOR has received funds
25 from any other source to conduct the same services covered by this Agreement COUNTY shall have
26 the right to reduce its payment amount accordingly.
27
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1 23. COMPLIANCE WITH APPLICABLE LAWS
2 CONTRACTOR shall comply with all rules and regulations established pursuant to
3 Housing and Urban Development regulations at 24 CFR Part 576, as revised by the Emergency
4 Solutions Grant and Consolidated Plan Conforming Amendments Interim Rule,published in the
5 Federal Register on December 5, 2011 (76 Fed. Reg. 75954). CONTRACTOR must also comply with
6 all applicable fair housing and civil rights requirements in 24 CFR 5.105(a). CONTRACTOR and any
7 subcontractors shall comply with all applicable local, State, Federal laws, ordinances, regulations and
8 Fresno County Charter provisions applicable to the performance of services.
9 24. MINIMUM DATA COLLECTION REQUIREMENTS
10 CONTRACTOR is required to collect and report client-level data in the local Homeless
11 Management Information System (HMIS)administered by the Fresno Housing Authority. Reporting
12 through HMIS is a requirement of ESG funding. HMIS will be used to collect data and report on
13 outputs and outcomes as required by HUD. CONTRACTOR is required to enter all client intakes,
14 provide regular updates and exit all clients once services are completed.
15 At a minimum, CONTRACTOR must enter the following information in the FMCoC
16 HMIS database for federal reporting purposes:
17 (1) Name
18 (2) Social Security Number
19 (3) Date of Birth
20 (4) Race
21 (5) Ethnicity
22 (6) Gender
23 (7) Veteran Status
24 (8) Disabling Condition
25 (9) Residence Prior to Program Entry
26 (10) Zip Code of Last Permanent Address
27 (11) Housing Status
28 (12) Program Entry Date
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I (13) Program Exit Date
2 (14) Personal Identification Number
3 (15) Household Identification Number
4 (16) Income and Sources
5 (17) Non-Cash Benefits
6 (18) Destination (where client will stay upon exit)
7 (19) Financial Services Provided
8 (20) Housing Relocation & Stabilization Services Provided
9 COUNTY reserved the right to add additional reporting requirements as required by HUD.
10 25. EQUIPMENT
11 A. All items purchased with funds provided under this Agreement or which are furnished
12 to CONTRACTOR which have a single unit cost in excess of Five Thousand and No/100 Dollars
13 ($5,000.00) including sales tax and have a useful life of more than one (1) year shall be considered
14 capital equipment. Title to all items of capital equipment purchased shall vest and will remain vested
15 in the County of Fresno. CONTRACTOR further agrees to the following:
16 1) To maintain all items of capital equipment in good working order and condition,
17 normal wear and tear expected; and
18 2) To label all items of capital equipment,perform periodic inventories as required
19 by COUNTY and to maintain an inventory list showing where and how the capital equipment is being
20 used, in accordance with procedures developed by COUNTY. All such lists shall be submitted to
21 COUNTY within ten (10) days of any request therefore; and
22 3) To report in writing to COUNTY immediately after discovery, the loss or theft of
23 any items of capital equipment. For stolen items,the local law enforcement agency must be contacted
24 and a copy of the police report submitted to COUNTY.
25 B. The purchase of any capital equipment by CONTRACTOR shall require the prior
26 written approval of COUNTY, and must be appropriate and directly related to CONTRACTOR's
27 service or activity under the terms of the Agreement. No capital equipment shall be purchased during
28 the fourth (4`h) or last quarter of each term of this Agreement. COUNTY may refuse reimbursement
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I for any costs resulting from capital equipment purchased, which are incurred by CONTRACTOR, if
2 prior written approval has not been obtained from COUNTY.
3 C. CONTRACTOR must obtain prior written approval from COUNTY whenever there is
4 any modification or change in the use of any property acquired or improved, in whole or in part, using
5 ESG funds. If any real or personal property acquired or improved with ESG funds is sold and/or
6 utilized by CONTRACTOR for a use which does not qualify under the ESG program,
7 CONTRACTOR shall reimburse COUNTY in an amount equal to the current fair market value of the
8 property, less any portion thereof attributable to expenditures of non-ESG funds. These requirements
9 shall continue in effect for the life of the property. In the event the ESG program is closed-out, the
10 requirements of this Section shall remain in effect for activities or property funded with ESG funds,
11 unless action is taken by the Federal government to relieve COUNTY of these obligations.
12 26. LIMITED ENGLISH PROFICIENCY
13 CONTRACTOR shall provide interpreting and translation services to persons
14 participating in CONTRACTOR's services that have limited or no English language proficiency,
15 including services to persons who are deaf or blind. Interpreter and translation services shall be
16 provided as necessary to allow such participants meaningful access to the programs, services and
17 benefits provided by CONTRACTOR. Interpreter and translation services, including translation of
18 CONTRACTOR's "vital" documents(those documents that contain information that is critical for
19 accessing CONTRACTOR's services or are required by law) shall be provided to participants at no
20 cost to the participant. CONTRACTOR shall ensure that any employees, agents, subcontractors, or
21 partners who interpret or translate for a program participant, or who directly communicate with a
22 program participant in a language other than English, demonstrate proficiency in the participant's
23 language and can effectively communicate any specialized terms and concepts peculiar to
24 CONTRACTOR's services.
25 27. RECORDS
26 A. Record Establishment and Maintenance - CONTRACTOR shall establish and
27 maintain records in accordance with those requirements prescribed by COUNTY, with respect to all
28 matters covered by this Agreement. CONTRACTOR shall retain all fiscal books,account records,
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I and client files for services performed under this Agreement for at least five (5) years from the date of
2 the final payment under this Agreement or until all State and Federal audits are completed for that
3 fiscal year, whichever is later. Pursuant to State and Federal law, it is the intent of the parties to this
4 Agreement that the CONTRACTOR shall be reimbursed for actual costs incurred in the performance
5 of this Agreement not to exceed the contract maximum but that no profit is to accrue to the
6 CONTRACTOR on account of such performance.
7 B. Monthly Activity Reports - CONTRACTOR shall submit to COUNTY by the
8 tenth (I Oh) of each month, activity reports for the previous month. CONTRACTOR shall also
9 furnish to COUNTY such statements, receipts, reports, data, support documentation and other
10 information as COUNTY may request pertaining to matters covered by this Agreement. Said support
11 documentation must indicate the line item budget account number to which the cost is charged. In
12 the event that CONTRACTOR fails to provide such reports or other information required hereunder,
13 it shall be deemed sufficient cause for COUNTY to withhold monthly payments until there is
14 compliance. In addition, CONTRACTOR shall provide written notification and explanation to
15 COUNTY of any funds received from another source to conduct the same services covered by this
16 Agreement within five (5) days of the receipt of such funds. The invoice and monthly activity report
17 shall be in a form and in such detail as acceptable to COUNTY's Director of Social Services or
18 designee.
19 C. HMIS Data Entry—HMIS entry must be completed the 1 Oth of each month for all
20 services provided the previous month.
21 28. EVALUATION
22 COUNTY shall monitor and evaluate the performance of CONTRACTOR under this
23 Agreement to determine to the best possible degree the success or failure of the services provided
24 under this Agreement and the adequacy of the program plan identified in Section One (1) and Exhibit
25 A of this Agreement. CONTRACTOR shall at any time during business hours, and as often as
26 COUNTY deems necessary, make available for examination, inspection, audit or copying all books
27 and records,pertaining to the goods and services furnished under the terms of this Agreement for the
28 purpose of and not limited to authorized review for fiscal and program audits.
16 - COUNTY OF FRESNO
Fresno,CA
1 29. NEPOTISM
2 Except by written consent of COUNTY, no person shall be employed by
3 CONTRACTOR who is related by blood or marriage to any member of the Board of Directors or any
4 officer of CONTRACTOR.
5 30. SINGLE AUDIT CLAUSE
6 CONTRACTOR agrees to provide a copy of its audit report,performed in accordance
7 with the requirements of the Single Audit Act of 1984 (31 USC section 7502) and subject to the terms
8 of Office of Management and Budget(OMB) Circulars (A-110, A-122 and A-133), to COUNTY.
9 Such audit shall be delivered to COUNTY's DSS, for review not later than nine (9)months after the
10 close of the CONTRACTOR's fiscal year in which the funds supplied through this Agreement are
11 expended and/or received for this program. The audit must include a statement of findings or a
12 statement that there were no findings. If there were negative findings, CONTRACTOR must include a
13 corrective action plan signed by an authorized individual. Failure to comply with the Single Audit Act
14 may result in COUNTY performing the necessary audit tasks, or, at COUNTY's option, contracting
15 with a qualified accountant to perform this audit. All audit costs related to this Agreement are the sole
16 responsibility of CONTRACTOR who agrees to take corrective action to eliminate any material
17 noncompliance or weakness found as a result of such audit. Audit work performed by COUNTY
18 under this section shall be performed only after written notice to CONTRACTOR and billed to
19 CONTRACTOR at COUNTY cost as determined by COUNTY's Auditor-Controller/Treasurer-Tax
20 Collector.
21 31. AUDITS AND INSPECTIONS
22 CONTRACTOR shall at any time during business hours, and as often as COUNTY may
23 deem necessary, make available to COUNTY for examination all of its records and data with respect
24 to the matters covered by this Agreement. CONTRACTOR shall, upon request by COUNTY,permit
25 COUNTY to audit and inspect all such records and data necessary to ensure CONTRACTOR's
26 compliance with the terms of this Agreement.
27 If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00),
28 CONTRACTOR shall be subject to the examination and audit of the State of California Auditor
— 17 — COUNTY OF FRESNO
Fresno,CA
1 General for a period of three (3) years after final payment under contract(California Government
2 Code section 8546.7).
3 In addition, CONTRACTOR shall cooperate and participate with COUNTY's fiscal
4 review process and comply with all final determinations rendered by the COUNTY's fiscal review
5 process. If COUNTY reaches an adverse decision regarding CONTRACTOR's services to consumers,
6 it may result in the disallowance of payment for services rendered; or in additional controls to the
7 delivery of services, or in the termination of this Agreement, at the discretion of COUNTY's DSS
8 Director or designee. If as a result of COUNTY's fiscal review process a disallowance is discovered
9 due to CONTRACTOR's deficiency, CONTRACTOR shall be financially liable for the amount
10 previously paid by COUNTY to CONTRACTOR and this disallowance will be adjusted from
11 CONTRACTOR's future payments, at the discretion of COUNTY's DSS Director or designee. In
12 addition, COUNTY shall have the sole discretion in the determination of fiscal review outcomes,
13 decisions and actions.
14 32. NOTICES
15 The persons having authority to give and receive notices under this Agreement and their
16 addresses include the following:
17 COUNTY CONTRACTOR
18 Director, County of Fresno Senior Vice President
Department of Social Services WestCare California, Inc.
19 PO BOX 1912 P.O. Box 12107
20 Fresno, CA 93718-1912 Fresno, CA 93776
21 33. CHANGE OF LEADERSHIP/MANAGEMENT
22 Any and all notices between COUNTY and CONTRACTOR provided for or permitted
23 under this Agreement or by law, shall be in writing and shall be deemed duly served when personally
24 delivered to one of the parties, or in lieu of such personal service,when deposited in the United States
25 Mail,postage prepaid, addressed to such party.
26 In the event of any change in the status of CONTRACTOR'S leadership or
27 management, CONTRACTOR shall provide written notice to COUNTY within thirty (30) days from
28 the date of change. Such notification shall include any new leader or manager's name, address and
- 18 - COUNTY OF FRESNO
Fresno,CA
1 qualifications. "Leadership or management" shall include any employee, member, or owner of
2 CONTRACTOR who either a)directs individuals providing services pursuant to this Agreement, b)
3 exercises control over the manner in which services are provided, or c)has authority over
4 CONTRACTOR's finances.
5 34. GOVERNING LAW
6 The parties agree,that for the purposes of venue, for any action arising out of or related
7 to this Agreement shall only be in Fresno County, California.
8 The rights and obligations of the parties and all interpretation and performance of this
9 Agreement shall be governed in all respects by the laws of the State of California.
10 35. ENTIRE AGREEMENT
11 This Agreement, including all Exhibits, constitutes the entire agreement between
12 CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous
13 agreement negotiations,proposals,commitments, writings, advertisements, publications and
14 understandings of any nature whatsoever unless expressly included in this Agreement.
15
16
17
18
19
20 Ill
21 ///
22
23
24
25
26
27
28
19 — COUNTY OF FRESNO
Fresno,CA
1 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first
2 hereinabove written.
3
ATTEST:
4
CONTRACTOR: COUNTY OF FRESNO
5 WESTCARE CALIFORNIA,INC.
6
_ a7 B B - -
8 Chairman, Board of Supervisor
9 Print Name: J eiki�
10 Title: u— V.1:
Chairman of the Board, or
11 President, or any Vice President
12 BERNICE E. SEIDEL, Clerk
13 Board of Supervisors
14 BCy j)�
15
Print Name: By L
16
Title: 5 e e r e4av �
17 Secretary (of Corp& ation), or
18 any Assistant Secretary, or
Chief Financial Officer, or
19 any Assistant Treasurer
20 PLEASE SEE ADDITIONAL
21 SIGNATURE PAGE ATTACHED
22 Mailing Address:
23 P.O. Box 12107
Fresno, CA 93776
24 Phone No.: (559) 251-4800
Contact: Senior Vice President
25
26
27
28
— 20 — COUNTY OF FRESNO
Fresno,CA
1
2 APPROVED AS TO LEGAL FORM:
DANIEL C. CEDERBORG, COUNTY COUNSEL
3
4
�
B ��-
5 y
6 APPROVED AS TO ACCOUNTING FORM:
VICKI CROW, C.P.A.,AUDITOR-CONTROLLER/
7 TREASURER-TAX COLLECTOR
8
9
By
10
11 REVIEWED AND RECOMMENDED
FOR APPROVAL:
12
13
14 By Jk
belNjE.Wira, Director
15 Department of Social Services
16
17
18
19
20
21 Fund/Subclass: 0001/10000
22 Organization: 56107001
Account/Program: 7 8 7 0/0
23
24
25
26
DEN:tz
27
28
- 21 - COUNTY OF FRESNO
Fresno,CA
Exhibit A
Page 1 of 2
SUMMARY OF SERVICES
ORGANIZATION: WestCare California, Inc.
ADDRESS: P.O. Box 12107 Fresno CA 93776
TELEPHONE: 559-251-4800
CONTACTS: Shawn Jenkins
EMAIL: Shawn.ienkins(c�WestCare.com
CONTRACT: Housing Matcher and Community Coordination for homeless
CONTRACT AMOUNT: February 10, 2015 to June 30, 2015 - $73,200
July 01, 2015 to June 30, 2016 - $146,400
July 01, 2016 to June 30, 2017- $146,400
SUMMARY OF SERVICES
WestCare will employ two fulltime Matcher/Community Coordinator positions to facilitate the
Coordinated Access and Housing Match (CAHM) system through centralized intake,
assessment and housing matching for Fresno Madera Continuum of Care (FMCoC)
participants. WestCare staff will ensure that outreach events are coordinated with equal
participation from the FMCoC providers. The information collected from the FMCoC providers
via the Vulnerability Index-Service Prioritization and Decision Assistance tool (VI-SPDAT) will be
used to match homeless individual or families with the appropriate housing options.
CONTRACTOR's RESPONSIBILITIES
• Serve as the lead for the CAHM process by which the homeless are matched to
housing vacancies.
• Serve as primary contact for communicating with FMCoC providers regarding housing
vacancies.
• Facilitate communication between FMCoC providers and housing navigators once an
individual or family has been matched with a potential housing provider.
• Maintains data system where each client's unique client identifier and consent form are
connected to his/her personal identifying information.
• Leads case management conferencing process to ensure that each individual or
family have a housing navigator assigned to them and assists housing navigators in
properly tracking the document collection process.
• Serve as a primary Coordinated Assessment and Housing Match point of contact to
FMCoC providers and the Housing Authority.
• Work collaboratively with the FMCoC to assist and cooperate with the development of a
coordinated access system through centralized intake.
• Ensure outreach efforts are coordinated; including agencies participating, names of
Exhibit A
Page 2 of 2
outreach workers scheduled, dates and time of outreach and information collected is
entered into the data system.
• Ensure all assisted clients are entered into Homeless Management Information System
(HMIS).
• Match ESG funding dollar for dollar as required under 24 CFR 576.201.
• Comply with the following ESG coordinated assessment requirements set forth under 24
CFR 576.400(d):
o Centralized or coordinated assessment. Once the Continuum of Care has
developed a centralized assessment system or a coordinated assessment
system in accordance with requirements to be established by HUD, each ESG-
funded program or project within the Continuum of Care's area must use that
assessment system. The recipient and subrecipient must work with the
Continuum of Care to ensure the screening, assessment and referral of program
participants are consistent with the written standards required by paragraph (e) of
this section. A victim service provider may choose not to use the Continuum of
Care's centralized or coordinated assessment system.
• Comply with 24 CFR 576 and all other federal, state, and local regulations regarding
ESG funded services.
COUNTY RESPONSIBILITIES
• Meet with WestCare staff monthly, or as often as needed, for service coordination,
problem/issue resolution, information sharing, training and review and monitoring of
services.
STAFFING LEVELS
WestCare will maintain two full-time Matcher/Community Coordinator positions for the benefit of
FMCoC. The Matcher/Community Coordinators will be responsible for providing clients with
case management to ensure they transition to independence. This will include arrangement,
coordination, monitoring, and delivery of services related to meeting the housing needs of
clients and helping them obtain housing stability
MONTHLY REPORTSIOUTCOMES
CONTRACTOR shall provide completed and accurate monthly activity reports to COUNTY, in a
report format approved by the County by the 10th of each month.
For each 12 month period, CONTRACTOR shall perform the following outcomes:
• 400 surveys will be completed.
• 200 individuals will be assigned to a participating ESG agency.
• 100 individuals will be matched to housing.
• 100 households (family unit) will be housed.
Exhibit B
1of3
WestCare California, Inc. Budget
February 10, 2015 to June 30, 2015
Rapid Re-housing Subtotal: $ 70,000.00
Personnel $ 44,250.00
Matcher/Community Coordinator(2)
Supervisor(1)
Payroll Taxes $ 5,797.00
Benefits $ 5,177.00
Insurance $ 1,328.00
Operational $ 13,448.00
Communications
Office supplies
Equipment
Facilities
Travel costs
Other
Administration Subtotal: $ 3,200.00
Administration costs $ 3,200.00
Total: $ 73,200.00
Required ESG Match: $ 73,200.00
Exhibit B
2 of 3
WestCare California, Inc. Budget
July 01, 2015 to June 30, 2016
Rapid Re-housing Subtotal: $ 140,000.00
Personnel Salaries $ 98,100.00
Matcher/Community Coordinator(2)
Supervisor(1)
Payroll Taxes $ 12,851.00
Benefits $ 11,478.00
Insurance $ 2,943.00
Operational $ 14,628.00
Communications
Office supplies
Equipment
Facilities
Travel costs
Other
Administration Subtotal: $ 6,400.00
Administration costs $ 6,400.00
Total: $ 146,400.00
Required ESG Match: $ 146,400.00
Exhibit B
3of3
WestCare California, Inc. Budget
July 01, 2016 to June 30, 2017
Rapid Re-housing Subtotal: $ 140,000.00
Personnel Salaries $ 98,100.00
Matcher/Community Coordinator(2)
Supervisor(1)
Payroll Taxes $ 12,851.00
Benefits $ 11,478.00
Insurance $ 2,943.00
Operational $ 14 628.00
Communications ,
Office supplies
Equipment
Facilities
Travel costs
Other
Administration Subtotal: $ 6,400.00
Administration costs $ 6,400.00
Total: $ 146,400.00
Required ESG Match: $ 146,400.00
Exhibit C
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno (hereinafter referred to as "County"), members of a
contractor's board of directors (hereinafter referred to as "County Contractor"), must disclose any self-dealing
transactions that they are a party to while providing goods, performing services, or both for the County. A
self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one or more
of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name,job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a
minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the board
member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the
Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction described in
Sections (3)and(4).
110f 2
Exhibit C
(1)Company Board Member Information:
Name: Date:
Job Title:
(2)Company/Agency Name and Address:
(3)Disclosure(Please describe the nature of the self-dealing transaction you are a party to):
(4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
(5)Authorized Signature
Signature: Date:
21Of 2
ESG FY 2014 Income Limits
Fresno County FY 2014 Income Limit
2014 Median Category Number of Persons in the Family
Income level 1 2 3 4 5 6 7 8
$48,700.00 Extremely Low (30%) $11,500.00 $13,150.00 $14,800.00 $16,400.00 $17,750.00 $19,050.00 $20,350.00 $21,650.00
Income Limits
* The FY 2014 Consolidated Appropriations Act changed the definition of extremely low-income to be the greater of 30/50ths (60 percent) of
the Section 8 very low-income limit or the poverty guideline as established by the Department of Health and Human Services (HHS), provided
that this amount is not greater than the Section 8 50%very low-income limit. Consequently, the extremely low (30%) income limits may equal
the very low(50%) income limits.
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Exhibit E
1
ESG Certifications
The Emergency Solutions Grant Program Recipient certifies that:
Major rehabilitation/conversion —If an emergency shelter's rehabilitation costs exceed 75 percent of
the value of the building before rehabilitation,the CONTRACTOR will maintain the building as a
shelter for homeless individuals and families for a minimum of 10 years after the date the building is
first occupied by a homeless individual or family after the completed rehabilitation. If the cost to convert
a building into an emergency shelter exceeds 75 percent of the value of the building after conversion, the
CONTRACTOR will maintain the building as a shelter for homeless individuals and families for a
minimum of 10 years after the date the building is first occupied by a homeless individual or family after
the completed conversion. In all other cases where ESG funds are used for renovation,the
CONTRACTOR will maintain the building as a shelter for homeless individuals and families for a
minimum of 3 years after the date the building is first occupied by a homeless individual or family after
the completed renovation.
Essential Services and Operating Cost—In the case of assistance involving shelter operations or
essential services related to street outreach or emergency shelter,the CONTRACTOR will provide
services or shelter to homeless individuals and families for the period during which the ESG assistance
is provided,without regard to a particular site or structure, so long the CONTRACTOR serves the same
type of persons (e.g., families with children, unaccompanied youth, disabled individuals, or victims of
domestic violence) or persons in the same geographic area.
Renovation—Any renovation carried out with ESG assistance shall be sufficient to ensure that the
building involved is safe and sanitary.
Supportive Services—The CONTRACTOR will assist homeless individuals in obtaining permanent
housing, appropriate supportive services (including medical and mental health treatment, victim
services, counseling, supervision, and other services essential for achieving independent living), and
other Federal, State, local and private assistance available for such individuals.
Matching Funds—The CONTRACTOR will obtain matching amounts required under 24 CFR
576.201.
Confidentiality—The CONTRACTOR has established and is implementing procedures to ensure the
confidentiality of records pertaining to any individual provided family violence prevention or treatment
services under any project assisted under the ESG program, including protection against the release of
the address or location of any family violence shelter project, except with the written authorization of
the person responsible for the operation of that shelter.
Homeless Persons Involvement—To the maximum extent practicable,the CONTRACTOR will
involve,through employment, volunteer services, or otherwise, homeless individuals and families in
constructing, renovating, maintaining, and operating facilities assisted under the ESG program in
providing services assisted under the ESG program, and in providing services for occupants of facilities
assisted under the program.
Exhibit E
2
Consolidated Plan —All activities the CONTRACTOR undertakes with assistance under ESG are
consistent with the COUNTY's consolidated plan.
Discharge Policy—The CONTRACTOR will establish and implement,to the maximum extent
practicable and where appropriate policies and protocols for the discharge of persons from publicly
funded institutions or systems of care (such as health care facilities,mental health facilities, foster care
or other youth facilities, or correction programs and institutions) in order to prevent this discharge from
immediately resulting in homelessness for these persons.
Signature/Authorized Official Date
Title