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HomeMy WebLinkAboutAgreement A-19-599 with Aspiranet Inc..pdf Agreement No. 19-599 1 AGREEMENT 2 3 THIS AGREEMENT is made and entered into this 19th day of November , by and between the 4 COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as 5 "COUNTY", and ASPIRANET, INC., a California non-profit corporation whose address is 1320 E. Shaw 6 Avenue Suite 140, Fresno, CA 93710, hereinafter referred to as "SUBRECIPIENT". 7 WITNESSETH: 8 WHEREAS, COUNTY desires to enter into an agreement with the SUBRECIPIENT for the purpose 9 of providing Transitional Housing Program (THP Plus) supportive services and Family Unification Program 10 (FUP) case management services; and 11 WHEREAS youth who have emancipated from Child Welfare Services foster care or Juvenile 12 Probation out-of-home placement are disproportionately at risk of homelessness; and 13 WHEREAS, families at risk of homelessness and involved with Child Welfare Services are in need 14 of housing and FUP case management, family reunification and stabilization services; and 15 WHEREAS, SUBRECIPIENT has the qualified personnel, facilities and resources to provide 16 services desired by COUNTY; 17 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein 18 contained, the parties hereto agree as follows: 19 1. SERVICES 20 A. SUBRECIPIENT shall perform all services and fulfill all responsibilities set forth in 21 Exhibit A, Summary of Services, attached hereto and by the reference incorporated herein. 22 B. SUBRECIPIENT shall perform all services and fulfill all responsibilities as 23 identified in COUNTY'S Request for Proposal (RFP) No. 20-007 dated August 23, 2019 and Addendum 24 No. One (1), dated September 9, 2019 hereinafter collectively referred to as COUNITY'S RFP 20-007, 25 and SUBRECIPIENT'S response to said RFP, all incorporated herein and by reference made part of this 26 Agreement. 27 C. In the event of any inconsistency among the documents described in Paragraph 28 1.A and 1.13 herein above, the inconsistency shall be resolved by giving precedence in the following -1- 1 order of priority: 1) to this Agreement, including all Exhibits attached hereto; 2) COUNTY'S RFP 20-007; 2 and 3) SUBRECIPIENT'S Response to RFP. A copy of COUNTY'S RFP 20-007 and SUBRECIPIENT'S 3 response shall be retained and made available during the term of this Agreement by COUNTY'S 4 Department of Social Services (DSS). 5 D. In the event of the termination or expiration of this Agreement in accordance with 6 Section Three (3) of this Agreement, SUBRECIPIENT shall provide transitional services to clients 7 currently receiving services, working with DSS staff and/or COUNTY'S contracted vendor(s). 8 Transitional services shall include, but not limited to the transfer of client records and shall not exceed a 9 maximum of thirty (30) days. This section of the Agreement shall survive thirty (30) days from the 10 expiration of written termination date of this Agreement. 11 2. TERM 12 The term of this Agreement shall be for a period of three (3) years, commencing on January 13 1, 2020 to December 31, 2023. 14 This Agreement may be extended for two (2) additional consecutive twelve (12) month 15 periods upon written approval of both parties no later than thirty (30) days prior to the first day of the next 16 twelve (12) month extension period. The DSS Director or designee is authorized to execute such written 17 approval on behalf of COUNTY based on SUBRECIPIENT'S satisfactory performance. 18 3. TERMINATION 19 A. Non-Allocation of Funds-The terms of this Agreement, and the services to be 20 provided hereunder, are contingent on the approval of funds by the appropriating government agency. 21 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement 22 terminated, at any time by giving the SUBRECIPIENT thirty (30) days advance written notice. 23 B. Breach of Contract-The COUNTY may immediately suspend or terminate this 24 Agreement in whole or in part, where in the determination of the COUNTY there is: 25 1) An illegal or improper use of funds; 26 2) A failure to comply with any term of this Agreement; 27 3) A substantially incorrect or incomplete report submitted to the COUNTY; 28 4) Improperly performed service. -2- 1 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY 2 of any breach of this Agreement or any default which may then exist on the part of the SUBRECIPIENT. 3 Neither shall such payment impair or prejudice any remedy available to the COUNTY with respect to the 4 breach or default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment to 5 the COUNTY of any funds disbursed to the SUBRECIPIENT under this Agreement, which in the judgment 6 of the COUNTY were not expended in accordance with the terms of this Agreement. The SUBRECIPIENT 7 shall promptly refund any such funds upon demand. 8 C. Without Cause- Under circumstances other than those set forth above, this 9 Agreement may be terminated by SUBRECIPIENT or COUNTY upon the giving of thirty(30) days advance 10 written notice of an intention to terminate the Agreement. 11 4. COMPENSATION 12 For actual services provided as identified in the terms and conditions of this Agreement, 13 including Exhibit A, COUNTY agrees to pay SUBRECIPIENT and SUBRECIPIENT agrees to receive 14 compensation in accordance with Exhibit B, attached here to and by this reference incorporated herein. 15 In no event shall compensation for services performed under this Agreement be in excess of 16 Seven Hundred Ninety-Seven Thousand, Four-Hundred and Ninety-Five Dollars ($797,495)for the period 17 of January 1, 2020 to December 31, 2020. In no event shall compensation for services performed under 18 this Agreement be in excess of Eight Hundred Twenty-Nine Thousand, Six-Hundred and Forty-Two Dollars 19 ($829,642)for the period of January 1, 2021 to December 31, 2021. In no event shall compensation for 20 services performed under this Agreement be in excess of Eight Hundred Fifty-Six Thousand, Nine-Hundred 21 and Thirty-Seven Dollars ($856,937)for the period of January 1, 2022 to December 31, 2022. In no event 22 shall compensation for services performed under this Agreement be in excess of Eight Hundred Seventy- 23 Three Thousand, Eighty-Four Dollars ($873,084)for the period of January 1, 2023 to December 31, 2023. 24 In no event shall compensation for services performed under this Agreement be in excess of Eight Hundred 25 Ninety-One Thousand, One-Hundred and Seventy-Five Dollars ($891,175)for the period of January 1, 26 2024 to December 31, 2024. The cumulative total of this agreement shall not be in excess of Four Million, 27 Two-Hundred Forty-Eight Thousand, Three-Hundred and Thirty-Three Dollars ($4,248,333). It is 28 understood that all expenses incidental to SUBRECIPIENT'S performance of services under this -3- 1 Agreement shall be borne by the SUBRECIPIENT. 2 Except as provided below regarding State payment delays, payments by COUNTY shall be 3 in arrears, for services provided during the preceding month, within forty-five (45) days after receipt, 4 verification and approval of SUBRECIPIENT'S invoices by DSS. If SUBRECIPIENT should fail to comply 5 with any provision of this Agreement, COUNTY shall be relieved of its obligation for further compensation. 6 All final claims and/or any final budget modification requests shall be submitted by SUBRECIPIENT within 7 sixty (60) days following the final month of service for which payment is claimed. No action shall be taken 8 by COUNTY on claims submitted beyond the sixty (60) day closeout period. Any compensation which is not 9 expended by SUBRECIPIENT pursuant to the terms and conditions of this Agreement shall automatically 10 revert to COUNTY. 11 The services provided by SUBRECIPIENT under this Agreement are funded in whole or in 12 part by the State of California. In the event that funding for these services is delayed by the State Controller, 13 COUNTY may defer payment to SUBRECIPIENT. The amount of the deferred payment shall not exceed 14 the amount of funding delayed by the State Controller to COUNTY. The period of time of the deferral by 15 COUNTY shall not exceed the period of time of the State Controller's delay of payment to COUNTY plus 16 forty-five (45) days. 17 5. INVOICING 18 SUBRECIPIENT shall invoice COUNTY'S DSS in arrears by the tenth (10th) of each month 19 for actual expenses incurred and services rendered in the previous month to: 20 DSSlnvoices@fresnocountyca.gov. A monthly activity report shall accompany the invoice, reflecting 21 services supported by the invoiced expenditures and be in a form and in such detail as acceptable to 22 COUNTY'S DSS. 23 At the discretion of COUNTY'S DSS Director or designee, if an invoice is incorrect or is 24 otherwise not in proper form or substance, COUNTY'S DSS Director or designee shall have the right to 25 withhold payment as to only that portion of the invoice that is incorrect or improper after five (5) days prior 26 written notice to SUBRECIPIENT. SUBRECIPIENT agrees to continue to provide services for a period of 27 ninety (90) days after notification of an incorrect or improper invoice. If after the ninety (90) day period the 28 invoice(s) is still not corrected to COUNTY'S DSS satisfaction, COUNTY'S DSS Director or designee may -4- 1 elect to terminate this Agreement, pursuant to the termination provisions stated in Section Three (3), 2 subparagraph C of this Agreement, or the COUNTY may elect to terminate this Agreement, pursuant to the 3 termination provisions stated in Paragraph Three (3) of this Agreement. In addition, for invoices received 4 ninety (90) days after the expiration of each term of this Agreement or termination of this Agreement, at the 5 discretion of COUNTY'S DSS Director or designee, COUNTY'S DSS shall have the right to deny payment 6 of any additional invoices received. 7 6. INDEPENDENT CONTRACTOR: 8 In performance of the work, duties and obligations assumed by CONTRACTOR under this 9 Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the 10 CONTRACTOR'S officers, agents, and employees will at all times be acting and performing as an 11 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, 12 employee,joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right 13 to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and 14 function. However, COUNTY shall retain the right to administer this Agreement so as to verify that 15 SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof. 16 SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the 17 rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject 18 thereof. 19 Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely 20 no right to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be 21 solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee 22 benefits. In addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all 23 matters relating to payment of SUBRECIPIENT'S employees, including compliance with Social Security 24 withholding and all other regulations governing such matters. It is acknowledged that during the term of this 25 Agreement, SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to this 26 Agreement. 27 7. MODIFICATION 28 A. Any matters of this Agreement may be modified from time to time by the written -5- 1 consent of all the parties without, in any way, affecting the remainder. 2 B. Notwithstanding the above, change to line items to each annual budget, attached 3 herein to as Exhibit B, in an amount not to exceed 10% of the total maximum annual compensation as 4 identified in Section Four(4) of this Agreement, may be made with the written approval of COUNTY'S DSS 5 Director or designee and SUBRECIPIENT. Budget line items changes shall not result in any change to the 6 maximum annual compensation amount payable to SUBRECIPIENT, as stated herein. 7 C. SUBRECIPIENT hereby agrees that reduction to the maximum compensation set 8 forth in Section Four(4) of this Agreement may be necessitate by a reduction in funding from State and/or 9 Federal sources. In such event, COUNTY'S DSS Director or designee may reduce the maximum 10 compensation under this Agreement upon written notice to SUBRECIPIENT. SUBRECIPIENT further 11 understands that this Agreement is subject to any restrictions, limitations or enactments of all legislative 12 bodies, which affect the provisions 13 8. HOLD HARMLESS 14 SUBRECIPIENT agrees to indemnify, save, hold harmless, and at COUNTY'S request, 15 defend the COUNTY, its officers, agents, and employees from any and all costs and expenses (including 16 attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to COUNTY in 17 connection with the performance, or failure to perform, by SUBRECIPIENT, its officers, agents, or 18 employees under this Agreement, and from any and all costs and expenses (including attorney's fees and 19 costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who 20 may be injured or damaged by the performance, or failure to perform, of SUBRECIPIENT, its officers, 21 agents, or employees under this Agreement. In addition, SUBRECIPIENT agrees to indemnify COUNTY 22 for Federal, State of California and/or local audit exceptions resulting from noncompliance herein on the 23 part of SUBRECIPIENT. 24 9. INSURANCE 25 Without limiting the COUNTY's right to obtain indemnification from SUBRECIPIENT or any 26 third parties, SUBRECIPIENT, at its sole expense, shall maintain in full force and effect, the following 27 insurance policies or a program of self-insurance, including but not limited to, an insurance pooling 28 arrangement or Joint Powers Agreement(JPA)throughout the term of the Agreement: -6- 1 A. Commercial General Liability Commercial General Liability Insurance with limits of not less than Two Million 2 Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million 3 Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, products 4 liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this 5 contract. 6 B. Automobile Liability Comprehensive Automobile Liability Insurance with limits of not less than One 7 Million Dollars ($1,000,000.00) per accident for bodily injury and for property 8 damages. Coverage should include any auto used in connection with this Agreement. 9 C. Professional Liability 10 If SUBRECIPIENT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less 11 than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars 12 ($3,000,000.00) annual aggregate. 13 D. Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California 14 Labor Code. 15 E. Molestation Sexual abuse/molestation liability insurance with limits of not less than One Million 16 Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual 17 aggregate. This policy shall be issued on a per occurrence basis. 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 additional 20 insured, but only insofar as the operations under this Agreement are concerned. Such coverage for 21 additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained 22 by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance 23 provided under SUBRECIPIENT's policies herein. This insurance shall not be cancelled or changed 24 without a minimum of thirty (30) days advance written notice given to COUNTY. 25 SUBRECIPIENT hereby waives its right to recover from COUNTY, its officers, agents, and 26 employees any amounts paid by the policy of worker's compensation insurance required by this 27 Agreement. SUBRECIPIENT is solely responsible to obtain any endorsement to such policy that may be 28 necessary to accomplish such waiver of subrogation, but SUBRECIPIENT's waiver of subrogation under -7- 1 this paragraph is effective whether or not SUBRECIPIENT obtains such an endorsement. 2 Within Thirty (30) days from the date SUBRECIPIENT signs and executes this Agreement, 3 SUBRECIPIENT shall provide certificates of insurance and endorsement as stated above for all of the 4 foregoing policies, as required herein, to the County of Fresno, P. O. Box 1912, Fresno, CA 93718-1219 5 Attention: Contract Analyst, stating that such insurance coverage have been obtained and are in full force; 6 that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on 7 the policies; that for such worker's compensation insurance the SUBRECIPIENT has waived its right to 8 recover from the COUNTY, its officers, agents, and employees any amounts paid under the insurance 9 policy and that waiver does not invalidate the insurance policy; that such Commercial General Liability 10 insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as 11 additional insured, but only insofar as the operations under this Agreement are concerned; that such 12 coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, 13 maintained by COUNTY, its officers, agents and employees, shall be excess only and not contributing with 14 insurance provided under SUBRECIPIENT's policies herein; and that this insurance shall not be cancelled 15 or changed without a minimum of thirty (30) days advance, written notice given to COUNTY. 16 In the event SUBRECIPIENT fails to keep in effect at all times insurance coverage as herein 17 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this 18 Agreement upon the occurrence of such event. 19 All policies shall be issued by admitted insurers licensed to do business in the State of 20 California, and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. 21 rating of A FSC VI or better. 22 10. SUBCONTRACTS 23 SUBRECIPIENT shall obtain written approval from COUNTY or COUNTY'S DSS Director, 24 or designee before assigning or subcontracting any of its rights or duties under this Agreement. Any 25 transferee, assignee or subcontractor will be subject to all applicable provisions of this Agreement, and all 26 applicable State and Federal regulations. SUBRECIPIENT shall be held primarily responsible by COUNTY 27 for the performance of any transferee, assignee or subcontractor unless otherwise expressly agreed to in 28 writing by COUNTY. The use of subcontractors by SUBRECIPIENT shall not entitle SUBRECIPIENT to any -8- 1 additional compensation than is provided for under this Agreement. 2 11. CONFLICT OF INTEREST 3 No officer, employee or agent of COUNTY who exercises any function or responsibility for 4 planning and carrying out of the services provided under this Agreement shall have any direct or indirect 5 personal financial interest in this Agreement. In addition, no employee of COUNTY shall be employed by 6 SUBRECIPIENT to fulfill any contractual obligations with COUNTY. SUBRECIPIENT shall comply with all 7 Federal, State and local conflict of interest laws, statutes and regulations, which shall be applicable to all 8 parties and beneficiaries under this Agreement and any officers, employee or agent of COUNTY. 9 12. NON-DISCRIMINATION 10 During the performance of this Agreement SUBRECIPIENT, shall not unlawfully 11 discriminate against any employee or applicant for employment, or recipient of services, because of ethnic 12 group identification, gender, gender identity, gender expression, sexual orientation, color, physical disability, 13 mental disability, medical condition, national origin, race, ancestry, marital status, religion, or religious 14 creed, pursuant to all applicable State of California and Federal statutes and regulations. 15 13. RECRUITMENT OF EMPLOYEES AND SERVICES TO CLIENTS 16 SUBRECIPIENT shall ensure that its employment recruitment efforts, including 17 administrative and professional staff positions, are carried out so as to adequately reflect the cultural and 18 ethnic diversity of the population of Fresno County. SUBRECIPIENT shall use its best efforts to serve all 19 cultural and ethnic groups residing in Fresno County. SUBRECIPIENT'S employment efforts will be 20 monitored by COUNTY at periodic intervals. 21 14. LIMITED ENGLISH PROFICIENCY(LEP) 22 SUBRECIPIENT shall provide interpreting and translation services to persons participating 23 in SUBRECIPIENT'S services who have limited or no English language proficiency, including services to 24 persons who are deaf or blind. Interpreters and translation services shall be provided as necessary to allow 25 such participants meaningful access to the programs, services and benefits provided by SUBRECIPIENT. 26 Interpreter and translations services, including translation of SUBRECIPIENT'S "vital documents" (those 27 documents that contain information that is critical for accessing SUBRECIPIENT'S services or are required 28 by law) shall be provided to participants at no cost to the participant. SUBRECIPIENT shall ensure that any -9- 1 employee, agents, subcontractors, or partner who interpret or translate for a program participant, or who 2 directly communicate with a program participant in a language other than English, demonstrate proficiency 3 in the participant's language and can effectively communicate any specialized terms and concepts peculiar 4 to SUBRECIPIENT'S services. 5 15. CONFIDENTIALITY 6 All services performed by SUBRECIPIENT under this Agreement shall be in strict 7 conformance with all applicable Federal, State of California, and/or local laws and regulations relating to 8 confidentiality. 9 16. DATA SECURITY 10 For the purpose of preventing the potential loss, misappropriation or inadvertent disclosure 11 of COUNTY data including sensitive or personal client information; abuse of COUNTY resources; and/or 12 disruption to COUNTY operations, individuals and/or agencies that enter into a contractual relationship with 13 COUNTY for the purpose of providing services under this Agreement must employ adequate data security 14 measures to protect the confidential information provided to SUBRECIPIENT by COUNTY, including but 15 not limited to the following: 16 A. SUBRECIPIENT-Owned Mobile/Wireless/Handheld Devices may not be connected 17 to COUNTY networks via personally owned mobile, wireless or handheld devices, except when authorized 18 by COUNTY for telecommuting and then only if virus protection software currency agreements are in place, 19 and if a secure connection is used. 20 B. SUBRECIPIENT-Owned Computers or Computer Peripherals may not brought into 21 COUNTY for use, including and not limited to mobile storage devices, without prior authorization from 22 COUNTY'S Chief Information Officer or her designee. Data must be stored on a secure server approved 23 by COUNTY and transferred by means of a VPN (Virtual Private Network) connection, or another type of 24 secure connection of this type if any data is approved to be transferred. 25 C. County-Owned Computer Equipment—SUBRECIPIENT or anyone having an 26 employment relationship with COUNTY may not use COUNTY computers or computer peripherals on non- 27 COUNTY premises without prior authorization from COUNTY'S Chief Information Officer or her designee. 28 D. SUBRECIPIENT may not store COUNTY'S private, confidential or sensitive data on -10- 1 any hard-disk drive. 2 E. SUBRECIPIENT is responsible to employ strict controls to insure the integrity and 3 security of COUNTY'S confidential information and to prevent unauthorized access to data maintained in 4 computer files, program documentation, data processing systems, data files and data processing 5 equipment which stores or processes COUNTY data internally and externally. 6 F. Confidential client information transmitted to one party by the other by means of 7 electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of 128 BIT 8 or higher. Additionally, a password or pass phrase must be utilized. 9 G. SUBRECIPIENT is responsible to immediately notify COUNTY of any breaches or 10 potential breaches of security related to COUNTY'S confidential information, data maintained in computer 11 files, program documentation, data processing systems, data files and data processing equipment which 12 stores or processes COUNTY data internally or externally. 13 H. In the event of a breach of security related to COUNTY'S confidential client 14 information provided to SUBRECIPIENT, COUNTY will manage the response to the incident, however, 15 SUBRECIPIENT will be responsible to issue any notification to affected individuals as required by law or as 16 deemed necessary by COUNTY in its sole discretion. SUBRECIPIENT will be responsible for all costs 17 incurred as a result of providing the required notification. 18 17. CLEAN AIR AND WATER 19 In the event the funding under this Agreement exceeds One Hundred Thousand and No/100 20 Dollars ($100,000.00), SUBRECIPIENT shall comply with all applicable standards, orders, or requirements 21 issued under the Clean Air Act contained in 42 U.S. Code 7601 et seq.; the Clean Water Act contained in 22 33 U.S. Code 1368 et seq.; and any standards, laws, and regulations promulgated thereunder. Under 23 these laws and regulations, SUBRECIPIENT shall assure: 24 A. No facility shall be utilized in the performance of the Agreement that has been listed 25 on the Environmental Protection Agency (EPA) list of Violating Facilities; 26 B. COUNTY shall be notified prior to execution of this Agreement of the receipt of any 27 communication from the Director, Office of Federal Activities, U.S. EPA indicating that a facility to be utilized 28 in the performance of this Agreement is under consideration to be listed on the EPA list of Violating -11- 1 Facilities; 2 C. COUNTY and U.S. EPA shall be notified about any known violation of the above 3 laws and regulations; and 4 D. This assurance shall be included in every nonexempt subgrant, contract, or 5 subcontract. 6 18. DRUG-FREE WORKPLACE REQUIREMENTS 7 For purposes of this paragraph, SUBRECIPIENT will be referred to as the"grantee". By 8 drawing funds against this grant award, the grantee is providing the certification that is required by 9 regulations implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F. These 10 regulations require certification by grantees that they will maintain a drug-free workplace. False certification 11 or violation of the certification shall be grounds for suspension of payments, suspension or termination of 12 grants, or government wide suspension or debarment. SUBRECIPIENT shall also comply with the 13 requirements of the Drug-Free Workplace Act of 1990 (California Government Code section 8350 et seq.) 14 19. CERTIFICATION REGARDING DEBARMENT SUSPENSIONS INELIGIBILITY AND 15 VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSITIONS 16 A. COUNTY and SUBRECIPIENT recognize that Federal assistance funds will be used 17 under the terms of this Agreement. For purposes of this paragraph, SUBRECIPIENT will be referred to as 18 the "prospective recipient". 19 B. This certification is required by the regulation implementing Executive Order 12549, 20 Debarment and Suspension, 29 CFR Part 98, section 98.510, Participant's responsibilities. 21 1) The prospective recipient of Federal assistance funds certified by entering 22 into this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for 23 debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal 24 department or agency. 25 2) The prospective recipient of funds agrees by entering into this Agreement, 26 that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, 27 suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless 28 authorized by the Federal department or agency with which this transaction originated. -12- 1 3) Where the prospective recipient of Federal assistance funds is unable to 2 certify to any of the statements in this certification, such prospective participant shall attach an explanation 3 to this Agreement. 4 4) The prospective recipient shall provide immediate written notice to COUNTY 5 if at any time prospective recipient learns that its certification in Paragraph 19 of this Agreement was 6 erroneous when submitted or has become erroneous by reason of changed circumstances. 7 The prospective recipient further agrees that by entering into this Agreement, it will 8 include a clause identical to Paragraph 19 of this Agreement and titled "Certification Regarding Debarment, 9 Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions", in all lower tier 10 covered transactions and in all solicitations for lower tier covered transaction. 11 5) The certification in Paragraph 19 of this Agreement is a material 12 representation of fact upon which COUNTY relied in entering into this Agreement. 13 20. DISCLOSURE OF SELF DEALING TRANSACTIONS 14 This provision is only applicable if the SUBRECIPIENT is operating as a corporation (a for- 15 profit or non-profit corporation) or if during the term of this agreement, the SUBRECIPIENT changes its 16 status to operate as a corporation. 17 Members of the SUBRECIPIENT'S Board of Directors shall disclose any self-dealing 18 transactions that they are a party to while SUBRECIPIENT is providing goods or performing services under 19 this agreement. A self-dealing transaction shall mean a transaction to which the SUBRECIPIENT is a party 20 and in which one or more of its directors has a material financial interest. Members of the Board of 21 Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a 22 Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and by this reference incorporated 23 herein, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or 24 immediately thereafter. Irritable 25 21. ACKNOWLEDGEMENT 26 SUBRECIPIENT shall acknowledge in all public relations activates, materials and 27 publications that the COUNTY is the funding source for services to be provided through this Agreement. 28 22. POLITICAL ACTIVITY -13- 1 None of the funds, materials, property or services provided directly or indirectly under this 2 Agreement shall be used for any political activity, or to further the election or defeat of any candidate for 3 public office. 4 23. LOBBYING ACTIVITY 5 None of the funds provided under this Agreement shall be used for publicity, lobbying or 6 propaganda purposes designed to support or defeat legislation pending in the Congress of the United 7 States of America or the Legislature of the State of California. 8 24. STATE ENERGY CONSERVATION 9 SUBRECIPIENT shall recognize the mandatory standard and policies relating to energy 10 efficiency in the State Energy Conservation Plan as required by the United States Energy Policy and 11 Conservation Act (42 U.S.C. section 6201, et seq). 12 25. FRATERNIZATION 13 SUBRECIPIENT shall establish procedures addressing fraternization between 14 SUBRECIPIENT staff and clients. Such procedures will include provisions for informing SUBRECIPIENT 15 staff and clients regarding fraternization guidelines. 16 26. INTERPRETATION OF LAWS AND REGULATIONS 17 COUNTY reserves the right to make final interpretations or clarifications on issues relating 18 to Federal and State laws and regulations, to ensure compliance. 19 27. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 20 COUNTY, its officers, consultants, subcontractors, agents and employees shall comply with 21 all applicable State, Federal and local laws and regulations governing projects that utilize Federal Funds. 22 28. RECORDS 23 A. Record Establishment and Maintenance 24 SUBRECIPIENT shall establish and maintain records in accordance with those 25 requirements prescribed by COUNTY, with respect to all matters covered by this Agreement. 26 SUBRECIPIENT shall retain all fiscal books, account records and client files for services performed under 27 this Agreement for at least three (3) years from date of final payment under this Agreement or until all State 28 and Federal audits are completed for that fiscal year, whichever is later. -14- 1 B. Cost Documentation 2 1) SUBRECIPIENT shall submit to COUNTY within fifteen (15) calendar days 3 following the end of each month, all fiscal and program reports for that month. SUBRECIPIENT shall also 4 furnish to COUNTY such statements, records, data and information as COUNTY may request pertaining to 5 matters covered by this Agreement. In the event that SUBRECIPIENT fail to provide reports as provided 6 herein, it shall be deemed sufficient cause for COUNTY to withhold payments until compliance is 7 established. 8 2) All costs shall be supported by properly executed payrolls, time records, invoices, 9 vouchers, orders, or any other accounting documents pertaining in whole or in part to this Agreement and 10 they shall be clearly identified and readily accessible. The support documentation must indicate the line 11 budget account number to which the cost is charged. 12 3) COUNTY shall notify SUBRECIPIENT in writing within thirty (30)days of any 13 potential State or Federal audit exception discovered during an examination. Where findings indicate that 14 program requirements are not being met and State or Federal participation in this program may be 15 imperiled in the event that corrections are not accomplished by SUBRECIPIENT within thirty (30) days of 16 receipt of such notice from COUNTY, written notification thereof shall constitute COUNTY'S intent to 17 terminate this Agreement. 18 C. Service Documentation 19 SUBRECIPIENT agrees to maintain records to verify services under this Agreement 20 including names and addresses of clients served, the dates of service and a description of 21 services provided on each occasion. These records and any other documents pertaining in whole or in part 22 to this Agreement shall be clearly identified and readily accessible. 23 D. Use of Data 24 SUBRECIPIENT shall grant to COUNTY and the United States Department Health and 25 Human Services the royalty-free, nonexclusive and irrevocable license throughout the world to publish, 26 translate, reproduce, deliver, perform, dispose of, duplicate, use, disclose in any manner and for any 27 purpose whatsoever and to authorize others to do so, all subject data now or hereafter covered by 28 copyright. However, with respect to subject data not originated in the performance of this Agreement, such -15- 1 license shall be only to the extent that SUBRECIPIENT have the right to grant such licenses without 2 becoming liable to pay any compensation to others because of such grants. SUBRECIPIENT shall exert all 3 reasonable effort to advise COUNTY at time of delivery of subject data furnished under this Agreement, of 4 all possible invasions of the right of privacy therein contained, and of all portions of such subject data 5 copied from work not composed or produced in the performance of this Agreement and not licensed under 6 this provision. 7 As used in this clause, the term "Subject Data" means writing, sound recordings, pictorial 8 reproductions, drawings, designs or graphic representations, procedural manuals, forms, diagrams, work 9 flow charts, equipment descriptions, data files and data processing of computer programs, and works of 10 any similar nature (whether or not copyrighted or copyrightable)which are first produced or developed 11 under this Agreement. The term does not include financial reports, cost analyses and similar information 12 incidental to contract administration. 13 SUBRECIPIENT shall report to COUNTY promptly and in written detail, each notice of claim 14 of copyright infringement received by SUBRECIPIENTS with respect to all subject data delivered under this 15 Agreement. SUBRECIPIENTS shall not affix any restrictive markings upon any data. If markings are 16 affixed, COUNTY shall have the right at any time to modify, remove, obliterate or ignore such markings. 17 COUNTY shall have access to any report, preliminary findings or data assembled by 18 SUBRECIPIENT under this Agreement. In addition, SUBRECIPIENT must receive written permission from 19 COUNTY prior to publication of any materials developed under this Agreement and file with COUNTY a 20 copy of all educational and training materials, curricula, audio/visual aids, printed material and periodicals, 21 assembled pursuant to this Agreement prior to publication. 22 29. SINGLE AUDIT CLAUSE 23 As a subrecipient of Federal financial assistance, SUBRECIPIENT agree to provide copies 24 of their audit reports, performed in accordance with the requirements of the Single Audit Act of 1984 (31 25 USC section 7502) and subject to the terms of Office of Management and Budget (OMB) Circulars (A-110, 26 A-122 and A-133), to the County of Fresno. Such audits shall be delivered to COUNTY'S DSS, for review 27 not later than nine (9) months after the close of the SUBRECIPIENTS'fiscal year in which the funds 28 supplied through this Agreement are expended and/or received for this program. The audits must include a -16- 1 statement of findings or a statement that there were no findings. If there were negative findings, 2 SUBRECIPIENT must include a corrective action plan signed by an authorized individual. Failure to 3 comply with this Act may result in COUNTY performing the necessary audit tasks, or, at COUNTY'S option, 4 contracting with a qualified accountant to perform this audit. All audit costs related to this Agreement are 5 the sole responsibility of SUBRECIPIENT who agree to take corrective actions to eliminate any material 6 noncompliance or weakness found as a result of such audits. Audit work performed by COUNTY under 7 this paragraph shall be billed at COUNTY cost as determined by COUNTY'S Auditor-Controller/Treasurer- 8 Tax Collector. 9 30. TAX EQUITY AND FISCAL RESPONSIBILITY ACT 10 To the extent necessary to prevent disallowance of reimbursement under section 1861 (v) 11 (1) (1) (1) of the Social Security Act, (42 U.S.0 § 1395x, subd. (v)(1)[I]), until the expiration of four(4) years 12 after the furnishing of services under this Agreement, SUBRECIPIENT shall make available, upon written 13 request to the Secretary of the United States Department of Health and Human Services, or upon request 14 to the Comptroller General of the United States General Accounting Office, or any of their duly authorized 15 representatives, a copy of this Agreement and such books, documents, and records as are necessary to 16 certify the nature and extent of the costs of these services provided by SUBRECIPIENT under this 17 Agreement. SUBRECIPIENT further agree that in the event SUBRECIPIENT carries out any of their duties 18 under this Agreement through a subcontract, with a value or cost of Ten Thousand and No/100 Dollars 19 ($10,000) or more over a twelve (12) month period, with a related organization, such Agreement shall 20 contain a clause to the effect that until the expiration of four(4) years after the furnishing of such services 21 pursuant to such subcontract, the related organizations shall make available, upon written request to the 22 Secretary of the United Sates General Accounting Office, or any of their duly authorized representatives, a 23 copy of such subcontract and such books, documents, and records of such organization as are necessary 24 to verify the nature and extent of such costs and regulations. 25 31. CHILD ABUSE REPORTING 26 SUBRECIPIENT shall utilize a procedure acceptable to COUNTY to ensure that all of 27 SUBRECIPIENT'S employees, volunteers, consultants, subcontractor or agents performing services under 28 this Agreement shall report all known or suspected child abuse or neglect to one or more of the agencies -17- 1 set forth in Penal Code Section 11165.9. This procedure shall include having all of SUBRECIPIENTS' 2 employees, volunteers, consultants, subcontractor or agents performing services under this Agreement 3 sign a statement that he or she knows of and will comply with the reporting requirements set forth in Penal 4 Code Section 11166. The statement to be utilized by SUBRECIPIENTS is set forth in Exhibit D, attached 5 hereto and by this reference incorporated herein. 6 32. CHARITABLE CHOICE 7 SUBRECIPIENT may not discriminate in its program delivery against a client or potential 8 client on the basis of religion or religious belief, a refusal to hold a religious belief, or a refusal to actively 9 participate in a religious practice. Any specifically religious activity or service made available to individuals 10 by SUBRECIPIENT must be voluntary as well as separate in time and location from County funded 11 activities and services. SUBRECIPIENT shall inform COUNTY as to whether it is faith-based. If 12 SUBRECIPIENT identifies as faith-based it must submit to DSS a copy of its policy on referring individuals 13 to an alternate treatment provider, and include a copy of this policy in its client admission forms. The policy 14 must inform individuals that they may be referred to an alternative provider if they object to the religious 15 nature of the program, and include a notice to DSS. Adherence to this policy will be monitored during 16 annual site reviews, and a review of client files. If SUBRECIPIENT identifies as faith-based, by July 1 of 17 each year SUBRECIPIENT will be required to report to DSS the number of individuals who requested 18 referrals to alternate providers based on religious objection. 19 33. PERSONNEL DISCLOSURE 20 SUBRECIPIENT shall make available to COUNTY a current list of all personnel providing 21 services hereunder. Changes to this list will be immediately provided to COUNTY in writing. The list shall 22 provide the following information: 23 A. All full or part-time staff positions by title whose direct services are required to 24 provide the programs described herein; 25 B. A brief description of the functions of each such position and hours each person in 26 such position works each week or, for part-time positions, each day or month, as appropriate; 27 C. The education and experience levels required for each positions; and 28 D. The names of persons filling the identified positions. -18- 1 34. PROHIBITION ON PUBLICITY 2 None of the funds, materials, property or services provided directly or indirectly under this 3 Agreement shall be used for SUBRECIPIENT'S advertising, fundraising, or publicity (i.e., purchasing of 4 tickets/tables, silent auction donations, etc.)for the purpose of self-promotion. Notwithstanding the above, 5 publicity of the services described in Paragraph One (1) of this Agreement shall be allowed as necessary to 6 raise public awareness about the availability of such specific services when approved in advance by the 7 Director or designee and at a cost as provided in Exhibit B for such items as written/printed materials, the 8 use of media (i.e., radio, television, newspapers) and any other related expense(s). 9 35. PROPERTY OF COUNTY 10 All purchases over Five Thousand and No/100 Dollars ($5,000.00), and certain purchases 11 under Five Thousand and No/100 Dollars ($5,000.00) including but not limited to fans, calculators, cameras 12 and other sensitive items as determined by COUNTY'S DSS Director or designee made during the life of 13 this Agreement shall be identified as fixed assets with an assigned COUNTY Accounting Inventory 14 Number. These fixed assets shall be retained by COUNTY, as COUNTY property, in the event this 15 Agreement is terminated or upon expiration of this Agreement. The SUBRECIPIENT agrees to participate 16 in an annual inventory of all COUNTY fixed assets and shall be physically present when fixed assets are 17 returned to COUNTY possession at the termination or expiration of this Agreement. 18 36. AUDITS AND INSPECTIONS 19 The SUBRECIPIENT shall at any time during business hours, and as often as the COUNTY 20 may deem necessary, make available to the COUNTY for examination all of its records and data with 21 respect to the matters covered by this Agreement. The SUBRECIPIENT shall, upon request by the 22 COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure 23 SUBRECIPIENT'S compliance with the terms of this Agreement. 24 If this Agreement exceeds ten thousand dollars ($10,000.00), SUBRECIPIENT shall be subject to 25 the examination and audit of the Auditor General for a period of three (3) years after final payment under 26 contract (Government Code Section 8546.7). 27 37. NOTICES 28 The persons and their addresses having authority to give and receive notices under this -19- I Agreement include the following: 2 COUNTY SUBRECIPIENT Director, County of Fresno Executive Director 3 Department of Social Services Aspiranet, Inc. PO Box 1912 1320 E. Shaw Avenue Suite 140 4 Fresno, CA 93717-1912 Fresno, CA 93710 5 All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this 6 Agreement must be in writing and delivered either by personal service, by first-class United States mail, by 7 an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by 8 personal service is effective upon service to the recipient. A notice delivered by first-class United States 9 mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid, 10 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one 11 COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid, 12 with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by 13 telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is 14 completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the 15 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the 16 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section 17 establishes, waives, or modifies any claims presentation requirements or procedures provided by law, 18 including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, 19 beginning with section 810). 20 38. GOVERNING LAW 21 Venue for any action arising out of or related to this Agreement shall only be in Fresno 22 County, California. 23 The rights and obligations of the parties and all interpretation and performance of this 24 Agreement shall be governed in all respects by the laws of the State of California. 25 39. ENTIRE AGREEMENT 26 This Agreement constitutes the entire agreement between the SUBRECIPIENT and 27 COUNTY with respect to the subject matter hereof and supersedes all previous Agreement negotiations, 28 proposals, commitments, writings, advertisements, publications, and understanding of any nature -20- 1 whatsoever unless expressly included in this Agreement 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -21- 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and 2 year first hereinabove written. 3 4 SUBRECIPIENT: COUNTY OF FRESNO: ASPIRANET, INC. 5 By �� ) 6 By Print Name: ������ '^��c��' Nathan Magsig, Chairman of the Board of Supervisors of the County of Fresno 8 Title: elEo Chairman of the Board, or 9 President, or any Vice President .% ATTEST: 10 BERNICE E. SEIDEL 11 By Clerk of the Board of Supervisors of the County of Fresno, State of California 12 Print Name: 13 Title: L. By Ui l - 14 Secretary (of Corporation), or any Assistant Secretary, or 15 Chief Financial Officer, or 16 any Assistant Treasurer 17 Mailing Address: 1320 E. Shaw Avenue Suite 140 18 Fresno, CA 93710 Phone No: (559) 222-4969 19 Attn: Vernon Brown, Chief Executive Officer 20 21 FOR ACCOUNTING USE ONLY: 22 THP Plus 23 Fund/Subclass: 0001/10000 Organization: 56107664 24 Account: 7870/0 25 FUP 26 Fund/Subclass: 0001/10000 27 Organization: 56107664 Account: 7870/0 28 -22- Exhibit A Page I of 4 SUMMARY OF SERVICES ORGANIZATION: Aspiranet, Inc. ADDRESS: 1320 Shaw Ave., #140, Fresno, CA 93710 MANAGER: Jim Thao, Core Program Director, (559) 222-4969 SERVICES: Transitional Housing Program Plus (THP+) and Family Unification Program (FUP) Case Management Services for Youth and Families CONTRACT PERIODS: January 1, 2020 — December 31, 2022 with two (2) possible one (1) year extensions by both parties A. SUMMARY OF SERVICES The transitional housing and case management supportive services to be provided include: 1) THP+ program that includes housing and case management services for emancipated foster youth to assist these youth in fulfilling the goals described in the youth's Transitional Independent Living Plan (TILP) to achieve successful self-sufficiency; and 2) FLIP for youth transitioning out of foster care that provides housing and case management services to assist youth and families in acquiring permanent, safe housing and continued self-sufficiency; and 3) FUP Families for families for whom inadequate housing is a primary factor in either the imminent placement of the family's child(ren) in out-of-home care, or the delay in the discharge of the child(ren) from out-of-home care back to the family. B. TARGET POPULATIONS THP + Eligible participants are young adults who exited foster care at or after age 18 including pregnant and parenting youth. Youth can participate for a maximum of 24 months and up to age 24. Youth must be actively pursuing the goals of their TILP. FUP Youth Eligible participants must be emancipated former foster youth (or emancipating within 90 days) at least 18 years old but not more than 24 years old at the time of program entry and have inadequate housing. A FLIP Housing Choice Voucher (HCV) may only be used to provide housing assistance for a maximum of 18 months. FLIP Families Eligible families are those involved in DSS' Child Welfare Services for whom inadequate housing is the primary factor for the imminent placement of the family's child(ren) in out- of-home care, or the delay in the discharge of the child(ren) from out-of-home care back to the family. Case management services provided to referred families is voluntary and Exhibit A Page 2 of 4 completion of these services is not a necessary HA requirement for the receipt of an HCV. C. SUBRECIPIENT SHALL BE RESPONSIBLE FOR THE FOLLOWING: 1) Coordination with the County social worker, host family, and other community and public partners to assist the participants in meeting the established goals included in their TILP. 2) Case management on a regular basis, including guidance, supportive services, promotion of incremental responsibilities and other problem solving skills development that will help them succeed. 3) 24-hour crisis intervention and support to include providing each participant with a 24-hour emergency telephone number. 4) Access to individual and group therapy when appropriate. Should participants have a need for counseling, therapy, or medical treatment, they will be assisted in pursuing these services through either public or private providers who accept Medi-Cal including those providers covered under the Mental Health Services Act (MHSA). The SUBRECIPIENT will be responsible to assure that participants have access to all medical appointments. 5) Transportation assistance and education related to public transit. 6) Educational advocacy and support that includes assistance in completion of a High School Diploma (HSD) or GED and assistance in applying for any college or vocational education program and any scholarships or grants for which they may be eligible. 7) Job readiness training/support and other appropriate employment resources. 8) Services to build and support relationships with family and their community. 9) Assistance in finding and maintaining affordable housing after completion of the program. 10)Assistance accessing other services including support groups and referrals to community resources to aid in transitioning out of the THP+ and/or FLIP programs. 11)For THP only provide additional resources for pregnant and parenting youth living in either a remote site or with a host family. It is anticipated that there will be 5 placements per year for pregnant and parenting youth including but not limited to: i. Increased emancipation fund set up for each pregnant or parenting youth with a monthly amount set aside in an interest-bearing account to be distributed to the participant at the end of their participation in the program; ii. Referrals to parenting resources (e.g. First 5, head start, parenting education classes, child care, etc.). 12)Participate in quarterly, or as needed, contract administration meetings consisting of staff from the COUNTY'S DSS to discuss requirements, data reporting, training, policies, and procedures, overall program operations and any Exhibit A Page 3 of 4 problems or foreseeable problems that may arise. 13)Provide annual Civil Rights training to their staff in the first quarter of every calendar year and will provide relevant proof to DSS by April 1, for each year of the contract. 14)Adhere to, and be responsible for compliance with, all applicable Federal, State and local laws and regulations. In the event any law, regulation or policy referred to in the Agreement, RFP or this Exhibit A, is amended during the term of this Agreement, the parties agree to comply with the amended provision as of the effective date of such amendment. D. COUNTY SHALL BE RESPONSIBLE FOR THE FOLLOWING: 1) Designate a contact person for SUBRECIPIENT to communicate with when necessary. 2) Meet with SUBRECIPIENT quarterly or as often as needed, to exchange pertinent information, resolve problems, and work together to coordinate referrals and services. E. SUBRECIPIENT PERFORMANCE OUTCOMES: THP + 1) 75% of THP-Plus enrolled youth annually, will successfully maintain their THP- Plus placement. 2) Annually, 75% of the participants exiting THP-Plus will secure and maintain housing for at least one year. 3) 75% of the youth not employed nor attending an accredited college by the third month of the program, will obtain employment or enter a vocational training program or internship within six months of entering the program. 4) 90% of participants will obtain their high school diploma or equivalent by the time they exit the program. 5) 75% of youth not employed by the third month of the program, will be enrolled in an accredited college or 4-year educational institution or trade or technical school and will successfully attend for at least 6 months. 6) 90% of participants will develop a realistic budget for living expenses and live within the established budget within 3 months of program participation. 7) 75% of participants will have and/or developed a plan to have basic household furnishings, phone access, and basic amenities received through community resources/referrals initiated by their life coaches within 3 months of entering the program. FUP Youth 1) 75% of the young adults exiting FUP will remain in stable housing at least six (6) months after program exit. 2) 65% of young adults participating in the program will increase their income by 20% at program exit. 3) 75% of the youth not employed or attending an accredited college by the third Exhibit A Page 4 of 4 month of the program, will obtain employment or enter a vocational training program, internship, or High School Diploma/GED program within six months of entering the program. 4) 90% of participants will obtain their high school diploma or equivalent by the time they exit the program. 5) 75% of participants not employed by the third month of the program, will be enrolled in an accredited college or 4-year educational institution or trade or technical school and will successfully attend for at least 6 months. 6) 90% of participants will develop a realistic budget for living expenses and live within the established budget within the 3rd month of program participation. 7) 75% of participants will have and/or developed a plan to have basic household furnishings, phone access, and basic amenities received through community resources/referrals initiated by their life coaches within 3 months of entering the program. FLIP Families 1) 75% of the parents not employed or attending an accredited college by the third month of the program, will obtain employment or enter a vocational training program, internship, or High School Diploma/GED program within six months of entering the program. 2) 90% of participants will obtain their high school diploma or equivalent by the time they exit the program. 3) 90% of participants will develop a realistic budget for living expenses and live within the established budget within the 3rd month of program participation. 4) 75% of participants will have developed a plan to have basic household furnishings, phone access, and basic amenities within 3 months of entering the program. EXHIBIT B Page 1 of 1 THP+, FUP YOUTH & FUP FAMILIES CASE MANAGEMENT SERVICES BUDGET AND CAPACITY SUMMARY PROGRAM CAPACITY-AVERAGE NUMBER OF PARTICIPANT SLOTS YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 THP+ CASE MANAGEMENT 18 18 18 18 18 FUP CASE MANAGEMENT YOUTH 30 30 30 30 30 FUP CASE MANAGEMENT FAMILIES 10 10 10 10 10 MONTHLY FEE FOR SERVICES COST PER PARTICIPANT* YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 THP+ CASE MANAGEMENT HOST $2,073.00 $2,138.00 $2,193.00 $2,214.00 $2,242.00 THP+ CASE MANAGEMENT REMOTE $2,616.00 $2,709.00 $2,793.00 $2,843.00 $2,902.00 FUP CASE MANAGEMENT YOUTH $508.00 $535.00 $554.00 $567.00 $579.00 FUP CASE MANAGEMENT FAMILIES $508.00 $533.00 $557.00 $570.00 $584.00 ANNUAL CQST PER YEAR AND TOTAL 5-YEAR COST. YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 TOTAL 5-YEAR COST THP+ CASE MANAGEMENT $553,655.00 $573,105.00 $590,465.00 $600,674.00 $612,693.00 $2,930,592.00 FUP CASE MANAGEMENT YOUTH $182,880.00 $192,564.00 $199,618.00 $203,972.00 $208,425.00 $987,459.00 FUP CASE MANAGEMENT FAMILIES $60,960.00 $63,973.00 $66,854.00 $68,438.00 $70,057.00 $330,282.00 TOTAL BUDGET $797,495.00 $829,642.00 $856,937.00 $873,084.00 $891,175.00 $4,248,333.00 *Monthly cost is prorated by actual number of days in the program per month. Exhibit C NOTICE OF CHILD ABUSE REPORTING LAW The undersigned hereby acknowledges that Penal Code section 11166 and the contractual obligations between County of Fresno (COUNTY) and Aspiranet, Inc. related to provision of emergency shelter care services for COUNTY's dependent children, requires that the undersigned report all known or suspected child abuse or neglect to one or more of the agencies set forth in Penal Code (P.C.) section(§) 11165.9. For purposes of the undersigned's child abuse reporting requirements, "child abuse or neglect" includes physical injury inflicted by other than accidental means upon a child by another person, sexual abuse as defined in P.C. §11165.1, neglect as defined in P.C. §11165.2, willful cruelty or unjustifiable punishment as defined in P.C. §11165.3, and unlawful corporal punishment or injury as defined in P.C. §11165.4. A child abuse report shall be made whenever the undersigned, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the undersigned knows or reasonably suspects has been the victim of child abuse or neglect. (P.0 §11166.) The child abuse report shall be made to any police department or sheriff's department(not including a school district police or security department), or to any county welfare department, including Fresno County Department of Social Services' 24 Hour CARELINE. (See PC §11165.9.) For purposes of child abuse reporting, a"reasonable suspicion" means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on his or her training and experience,to suspect child abuse or neglect. The pregnancy of a child does not, in and of itself, constitute a basis for reasonable suspicion of sexual abuse. (P.C. §I 1166(a)(1).) Substantial penalties may be imposed for failure to comply with these child abuse reporting requirements. Further information and a copy of the law may be obtained from the department head or designee. I have read and understand the above statement and agree to comply with the child abuse reporting requirements. SIGNATURE DATE 0872fcfx Exhibit D 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). Exhibit D (1)company Board Member information: Name: Date: Job Title: (2)Gompany/Agency Name and Address:. (3)Disclosure(Please describe the nature of the self-dealing transaction you are a party to) ( j fscplain why this°self-dealing transaction is consistent with the requirements of Corporations Code 5233(a): t5)Author'azed Signature Signature: Date: