HomeMy WebLinkAboutP-23-444 WestCare.pdf Contract #P-23-444
1 SERVICE AGREEMENT
2 This Service Agreement ("Agreement') is dated August 30, 2023 and is between
3 WESTCARE CALIFORNIA, INC., a California non-profit corporation, whose address is 1900 N.
4 Gateway Blvd., Ste. 100, Fresno, CA 93727, hereinafter referred to as ("Subrecipient"), and the
5 County of Fresno, a political subdivision of the State of California hereinafter referred to as
6 ("County").
7 Recitals
8 A. COUNTY, through its Department of Social Services (DSS) has received an additional
9 allocation funding from the California Department of Social Services (CDSS) to implement and
10 administer the Housing and Disability Advocacy Program (HDAP), authorized from the Budget
11 Act of 2021 Senate Bill 129 (SB 129); and
12 B. The COUNTY, continues to have a significant population of homeless and disabled
13 individuals who are in need of disability advocacy and housing assistance; and
14 C. The SUBRECIPIENT has a significant population of homeless and disabled individuals
15 who are in need of disability advocacy and housing assistance; and
16 D. The SUBRECIPIENT is willing and able to provide said disability and advocacy and
17 housing assistance and related case management services to homeless and disabled
18 individuals.
19 THEREFORE in consideration of their mutual covenants and conditions, the parties
20 therefore agree as follows:
21 Article 1
22 Subrecipient's Services
23 1.1 Scope of Services. The Subrecipient shall perform all of the services provided in
24 Exhibit A to this Agreement, titled "Scope of Services"
25 1.2 Representation. The Subrecipient represents that it is qualified, ready, willing, and
26 able to perform all of the services provided in this Agreement.
27 1.3 Compliance with Laws. The Subrecipient shall, at its own cost, comply with all
28 applicable federal, state, and local laws and regulations in the performance of its obligations
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Contract #P-23-444
1 under this Agreement, including but not limited to workers compensation, labor, and
2 confidentiality laws and regulations.
3 Article 2
4 County's Responsibilities
5 2.1 Breach of Contract
6 The County shall suspend or terminate this Agreement in whole or in part, where in the
7 determination of the COUNTY, the SUBRECIPIENT:
8 1) Obtained or used funds illegally or improperly;
9 2) A failure to comply with any term of this Agreement;
10 3) A substantially incorrect or incomplete report submitted to the COUNTY; or
11 4) Improperly performed any of its obligations under this Agreement.
12 Upon determining that a breach (as defined above) has occurred, COUNTY may give
13 written notice of the breach to SUBRECIPIENT. The written notice may suspend performance
14 under this Agreement and must provide at least 30 days for SUBRECIPIENT to cure the breach.
15 If SUBRECIPIENT fails to cure the breach to COUNTY's satisfaction within the time stated in
16 the written notice, COUNTY may terminate this Agreement immediately.
17 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of
18 any SUBRECIPIENT of this Agreement or any default which may then exist on the part of the
19 SUBRECIPIENT. Neither shall such payment impair or prejudice any remedy available to the
20 COUNTY with respect to the breach or default. The COUNTY shall have the right to demand of
21 the SUBRECIPIENT the repayment to the COUNTY of any funds disbursed to the
22 SUBRECIPIENT under this Agreement, which in the judgment of the COUNTY were not
23 expended in accordance with the terms of this Agreement. The SUBRECIPIENT shall promptly
24 refund any such funds upon demand.
25 Any termination of this Agreement by the COUNTY under this Section Three is without
26 penalty to or further obligation of the COUNTY. This Section Three survives the termination of
27 this Agreement.
28 2.2 Without Cause
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1 Under circumstances other than those set forth above, this Agreement may be
2 terminated by SUBRECIPIENT, COUNTY or COUNTY's DSS Director, or designee, upon the
3 giving of thirty (30) days advance written notice of an intention to terminate this Agreement.
4 Article 3
5 Compensation, Invoices, and Payments
6 3.1 The County agrees to pay, and the Subrecipient agrees to receive, compensation for
7 the performance of its services under this Agreement as described in Exhibit B to this
8 Agreement, titled "Compensation."
9 3.2 Maximum Compensation. The maximum compensation payable to the Subrecipient
10 under this Agreement is Two Hundred Thousand and No/100 Dollars ($200,000) for the period
11 of September 1, 2023 through November 30, 2023.
12 The Subrecipient acknowledges that the County is a local government entity, and does so
13 with notice that the County's powers are limited by the California Constitution and by State law,
14 and with notice that the Subrecipient may receive compensation under this Agreement only for
15 services performed according to the terms of this Agreement and while this Agreement is in
16 effect, and subject to the maximum amount payable under this section. The Subrecipient further
17 acknowledges that County employees have no authority to pay the Subrecipient except as
18 expressly provided in this Agreement.
19 3.3 Invoices. The Subrecipient shall submit monthly invoices to
20 DSSlnvoices@fresnocountyca.gov. The Subrecipient shall submit each invoice within 60 days
21 after the month in which the Subrecipient performs services and in any case within 60 days after
22 the end of the term or termination of this Agreement.
23 3.4 Payment. The County shall pay each correctly completed and timely submitted
24 invoice within 45 days after receipt. The County shall remit any payment to the Subrecipient's
25 address specified in the invoice.
26 3.5 Incidental Expenses. The Subrecipient is solely responsible for all of its costs and
27 expenses that are not specified as payable by the County under this Agreement.
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1 Article 4
2 Term of Agreement
3 4.1 Term. This Agreement is effective on September 1, 2023 and terminates on October
4 31, 2023, except as provided in section 4.2, "Extension," or Article 6, "Termination and
5 Suspension," below.
6 4.2 Extension. The term of this Agreement may be extended for no more than one, one-
7 month period only upon written approval of both parties at least 30 days before the first day of
8 the next one-month extension period. The COUNTY's DSS Director or his or her designee is
9 authorized to sign the written approval on behalf of the County based on the Subrecipient's
10 satisfactory performance. The extension of this Agreement by the County is not a waiver or
11 compromise of any default or breach of this Agreement by the Subrecipient existing at the time
12 of the extension whether or not known to the County.
13 Article 5
14 Notices
15 5.1 Contact Information. The persons and their addresses having authority to give and
16 receive notices provided for or permitted under this Agreement include the following:
17
For the County:
18 DSS Director
County of Fresno
19 205 W. Pontiac Way
Clovis, CA 93612
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21
22 For the Subrecipient:
Chief Operating Officer
23 1900 N. Gateway Blvd.
Fresno, CA 93727
24 (559) 251-4800
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5.2 Change of Contact Information. Either party may change the information in section
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5.1 by giving notice as provided in section 5.3.
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5.3 Method of Delivery. Each notice between the County and the Subrecipient provided
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for or permitted under this Agreement must be in writing, state that it is a notice provided under
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1 this Agreement, and be delivered either by personal service, by first-class United States mail, by
2 an overnight commercial courier service, by telephonic facsimile transmission, or by Portable
3 Document Format (PDF) document attached to an email.
4 (A) A notice delivered by personal service is effective upon service to the recipient.
5 (B) A notice delivered by first-class United States mail is effective three County
6 business days after deposit in the United States mail, postage prepaid, addressed to the
7 recipient.
8 (C)A notice delivered by an overnight commercial courier service is effective one
9 County business day after deposit with the overnight commercial courier service,
10 delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
11 the recipient.
12 (D)A notice delivered by telephonic facsimile transmission or by PDF document
13 attached to an email is effective when transmission to the recipient is completed (but, if
14 such transmission is completed outside of County business hours, then such delivery is
15 deemed to be effective at the next beginning of a County business day), provided that
16 the sender maintains a machine record of the completed transmission.
17 5.4 Claims Presentation. For all claims arising from or related to this Agreement,
18 nothing in this Agreement establishes, waives, or modifies any claims presentation
19 requirements or procedures provided by law, including the Government Claims Act (Division 3.6
20 of Title 1 of the Government Code, beginning with section 810).
21 Article 6
22 Termination and Suspension
23 6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
24 contingent on the approval of funds by the appropriating government agency. If sufficient funds
25 are not allocated, then the County, upon at least 30 days' advance written notice to the
26 Subrecipient, may:
27 (A) Modify the services provided by the Subrecipient under this Agreement; or
28 (B) Terminate this Agreement.
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1 6.2 Termination for Breach.
2 (A) Upon determining that a breach (as defined in paragraph (C) below) has
3 occurred, the County may give written notice of the breach to the Subrecipient. The
4 written notice may suspend performance under this Agreement, and must provide at
5 least 30 days for the Subrecipient to cure the breach.
6 (B) If the Subrecipient fails to cure the breach to the County's satisfaction within the
7 time stated in the written notice, the County may terminate this Agreement immediately.
8 (C) For purposes of this section, a breach occurs when, in the determination of the
9 County, the Subrecipient has:
10 (1) Obtained or used funds illegally or improperly;
11 (2) Failed to comply with any part of this Agreement;
12 (3) Submitted a substantially incorrect or incomplete report to the County; or
13 (4) Improperly performed any of its obligations under this Agreement.
14 6.3 Termination without Cause. In circumstances other than those set forth above, the
15 County may terminate this Agreement by giving at least 30 days advance written notice to the
16 Subrecipient.
17 6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County
18 under this Article 6 is without penalty to or further obligation of the County.
19 6.5 County's Rights upon Termination. Upon termination for breach under this Article
20 6, the County may demand repayment by the Subrecipient of any monies disbursed to the
21 Subrecipient under this Agreement that, in the County's sole judgment, were not expended in
22 compliance with this Agreement. The Subrecipient shall promptly refund all such monies upon
23 demand. This section survives the termination of this Agreement.
24 Article 7
25 Independent Subrecipient
26 7.1 Status. In performing under this Agreement, the Subrecipient, including its officers,
27 agents, employees, and volunteers, is at all times acting and performing as an independent
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1 Subrecipient, in an independent capacity, and not as an officer, agent, servant, employee, joint
2 venturer, partner, or associate of the County.
3 7.2 Verifying Performance. The County has no right to control, supervise, or direct the
4 manner or method of the Subrecipient's performance under this Agreement, but the County may
5 verify that the Subrecipient is performing according to the terms of this Agreement.
6 7.3 Benefits. Because of its status as an independent Subrecipient, the Subrecipient
7 has no right to employment rights or benefits available to County employees. The Subrecipient
8 is solely responsible for providing to its own employees all employee benefits required by law.
9 The Subrecipient shall save the County harmless from all matters relating to the payment of
10 Subrecipient's employees, including compliance with Social Security withholding and all related
11 regulations.
12 7.4 Services to Others. The parties acknowledge that, during the term of this
13 Agreement, the Subrecipient may provide services to others unrelated to the County.
14 Article 8
15 Indemnity and Defense
16 8.1 Indemnity. The Subrecipient shall indemnify and hold harmless and defend the
17 County (including its officers, agents, employees, and volunteers) against all claims, demands,
18 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
19 liabilities of any kind to the County, the Subrecipient, or any third party that arise from or relate
20 to the performance or failure to perform by the Subrecipient (or any of its officers, agents,
21 subrecipients, or employees) under this Agreement. The County may conduct or participate in
22 its own defense without affecting the Subrecipient's obligation to indemnify and hold harmless or
23 defend the County.
24 8.2 Survival. This Article 8 survives the termination of this Agreement.
25 Article 9
26 Insurance
27 9.1 The Subrecipient shall comply with all the insurance requirements in Exhibit D to this
28 Agreement.
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1 Article 10
2 Inspections, Audits, and Public Records
3 10.1 Inspection of Documents. The Subrecipient shall make available to the County,
4 and the County may examine at any time during business hours and as often as the County
5 deems necessary, all of the Subrecipient's records and data with respect to the matters covered
6 by this Agreement, excluding attorney-client privileged communications. The Subrecipient shall,
7 upon request by the County, permit the County to audit and inspect all of such records and data
8 to ensure the Subrecipient's compliance with the terms of this Agreement.
9 10.2 State Audit Requirements. If the compensation to be paid by the County under this
10 Agreement exceeds $10,000, the Subrecipient is subject to the examination and audit of the
11 California State Auditor, as provided in Government Code section 8546.7, for a period of three
12 years after final payment under this Agreement. This section survives the termination of this
13 Agreement.
14 10.3 Public Records. The County is not limited in any manner with respect to its public
15 disclosure of this Agreement or any record or data that the Subrecipient may provide to the
16 County. The County's public disclosure of this Agreement or any record or data that the
17 Subrecipient may provide to the County may include but is not limited to the following:
18 (A) The County may voluntarily, or upon request by any member of the public or
19 governmental agency, disclose this Agreement to the public or such governmental
20 agency.
21 (B) The County may voluntarily, or upon request by any member of the public or
22 governmental agency, disclose to the public or such governmental agency any record or
23 data that the Subrecipient may provide to the County, unless such disclosure is
24 prohibited by court order.
25 (C)This Agreement, and any record or data that the Subrecipient may provide to the
26 County, is subject to public disclosure under the Ralph M. Brown Act (California
27 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
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1 (D)This Agreement, and any record or data that the Subrecipient may provide to the
2 County, is subject to public disclosure as a public record under the California Public
3 Records Act (California Government Code, Title 1, Division 7, Chapter 3.5, beginning
4 with section 6250) ("CPRA").
5 (E) This Agreement, and any record or data that the Subrecipient may provide to the
6 County, is subject to public disclosure as information concerning the conduct of the
7 people's business of the State of California under California Constitution, Article 1,
8 section 3, subdivision (b).
9 (F) Any marking of confidentiality or restricted access upon or otherwise made with
10 respect to any record or data that the Subrecipient may provide to the County shall be
11 disregarded and have no effect on the County's right or duty to disclose to the public or
12 governmental agency any such record or data.
13 10.4 Public Records Act Requests. If the County receives a written or oral request
14 under the CPRA to publicly disclose any record that is in the Subrecipient's possession or
15 control, and which the County has a right, under any provision of this Agreement or applicable
16 law, to possess or control, then the County may demand, in writing, that the Subrecipient deliver
17 to the County, for purposes of public disclosure, the requested records that may be in the
18 possession or control of the Subrecipient. Within five business days after the County's demand,
19 the Subrecipient shall (a) deliver to the County all of the requested records that are in the
20 Subrecipient's possession or control, together with a written statement that the Subrecipient,
21 after conducting a diligent search, has produced all requested records that are in the
22 Subrecipient's possession or control, or (b) provide to the County a written statement that the
23 Subrecipient, after conducting a diligent search, does not possess or control any of the
24 requested records. The Subrecipient shall cooperate with the County with respect to any County
25 demand for such records. If the Subrecipient wishes to assert that any specific record or data is
26 exempt from disclosure under the CPRA or other applicable law, it must deliver the record or
27 data to the County and assert the exemption by citation to specific legal authority within the
28 written statement that it provides to the County under this section. The Subrecipient's assertion
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1 of any exemption from disclosure is not binding on the County, but the County will give at least
2 10 days' advance written notice to the Subrecipient before disclosing any record subject to the
3 Subrecipient's assertion of exemption from disclosure. The Subrecipient shall indemnify the
4 County for any court-ordered award of costs or attorney's fees under the CPRA that results from
5 the Subrecipient's delay, claim of exemption, failure to produce any such records, or failure to
6 cooperate with the County with respect to any County demand for any such records.
7 Article 11
8 Disclosure of Self-Dealing Transactions
9 11.1 Applicability. This Article 11 applies if the Subrecipient is operating as a
10 corporation, or changes its status to operate as a corporation.
11 11.2 Duty to Disclose. If any member of the Subrecipient's board of directors is party to a
12 self-dealing transaction, he or she shall disclose the transaction by completing and signing a
13 "Self-Dealing Transaction Disclosure Form" (Exhibit C to this Agreement) and submitting it to
14 the County before commencing the transaction or immediately after.
15 11.3 Definition. "Self-dealing transaction" means a transaction to which the Subrecipient
16 is a party and in which one or more of its directors, as an individual, has a material financial
17 interest.
18 Article 12
19 General Terms
20 12.1 Modification. Except as provided in Article 6, "Termination and Suspension," this
21 Agreement may not be modified, and no waiver is effective, except by written agreement signed
22 by both parties. The Subrecipient acknowledges that County employees have no authority to
23 modify this Agreement except as expressly provided in this Agreement.
24 12.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
25 under this Agreement without the prior written consent of the other party.
26 12.3 Governing Law. The laws of the State of California govern all matters arising from
27 or related to this Agreement.
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1 12.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
2 County, California. Subrecipient consents to California jurisdiction for actions arising from or
3 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
4 brought and maintained in Fresno County.
5 12.5 Construction. The final form of this Agreement is the result of the parties' combined
6 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
7 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
8 against either party.
9 12.6 Days. Unless otherwise specified, "days" means calendar days.
10 12.7 Headings. The headings and section titles in this Agreement are for convenience
11 only and are not part of this Agreement.
12 12.8 Severability. If anything in this Agreement is found by a court of competent
13 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
14 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
15 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
16 intent.
17 12.9 Nondiscrimination. During the performance of this Agreement, the Subrecipient
18 shall not unlawfully discriminate against any employee or applicant for employment, or recipient
19 of services, because of race, religious creed, color, national origin, ancestry, physical disability,
20 mental disability, medical condition, genetic information, marital status, sex, gender, gender
21 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
22 all applicable State of California and federal statutes and regulation.
23 12.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
24 of the Subrecipient under this Agreement on any one or more occasions is not a waiver of
25 performance of any continuing or other obligation of the Subrecipient and does not prohibit
26 enforcement by the County of any obligation on any other occasion.
27 12.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
28 between the Subrecipient and the County with respect to the subject matter of this Agreement,
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1 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
2 publications, and understandings of any nature unless those things are expressly included in
3 this Agreement. If there is any inconsistency between the terms of this Agreement without its
4 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
5 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
6 exhibits.
7 12.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
8 create any rights or obligations for any person or entity except for the parties.
9 12.13 Authorized Signature. The Subrecipient represents and warrants to the County
10 that:
11 (A) The Subrecipient is duly authorized and empowered to sign and perform its
12 obligations under this Agreement.
13 (B) The individual signing this Agreement on behalf of the Subrecipient is duly
14 authorized to do so and his or her signature on this Agreement legally binds the
15 Subrecipient to the terms of this Agreement.
16 12.14 Electronic Signatures. The parties agree that this Agreement may be executed by
17 electronic signature as provided in this section.
18 (A) An "electronic signature" means any symbol or process intended by an individual
19 signing this Agreement to represent their signature, including but not limited to (1) a
20 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
21 electronically scanned and transmitted (for example by PDF document) version of an
22 original handwritten signature.
23 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
24 equivalent to a valid original handwritten signature of the person signing this Agreement
25 for all purposes, including but not limited to evidentiary proof in any administrative or
26 judicial proceeding, and (2) has the same force and effect as the valid original
27 handwritten signature of that person.
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1 (C)The provisions of this section satisfy the requirements of Civil Code section
2 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
3 Part 2, Title 2.5, beginning with section 1633.1).
4 (D) Each party using a digital signature represents that it has undertaken and
5 satisfied the requirements of Government Code section 16.5, subdivision (a),
6 paragraphs (1) through (5), and agrees that each other party may rely upon that
7 representation.
8 (E) This Agreement is not conditioned upon the parties conducting the transactions
9 under it by electronic means and either party may sign this Agreement with an original
10 handwritten signature.
11 12.15 Counterparts. This Agreement may be signed in counterparts, each of which is an
12 original, and all of which together constitute this Agreement.
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1 The parties are signing this Agreement on the date stated in the introductory clause.
2
WESTCARE CALIFORNIA, INC. COUNTY OF FRESNO
3
4 Digitally signed by Gary
Gary Cornuelle Date:202
Date: 023.08.30 15:34:23
5 By: -07'00'
Shawn Jenkin.�, Gary Cornuelle,
6 Chief Operating Officer Purchasing Manager
Resolution WCCA 2023-01
7
8 Mailing Address:
1900 N. Gateway Blvd.
9 Fresno, CA 93727
(559) 251-4800
10 Contact: Chief Operating Officer
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For accounting use only:
13
Org No.: 56107001
14 Account No.: 56107093
Fund No.: 0001/10000
15 Subclass No.: 7870
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Contract #P-23-444
Exhibit A
1 Scope of Services
2 ORGANIZATION: WestCare California, Inc.
3 ADDRESS: P.O. Box 12107 Fresno, CA 93776
4 TELEPHONE: (559) 251-4800
5 CONTACT: Shawn Jenkins, Chief Operating Officer
6 EMAIL: Shawn.Jenkins@WestCare.com
7 CONTRACT: Housing and Disability Advocacy Program
8
9 1. OVERVIEW OF SERVICES
10 The Housing and Disability Advocacy Program (HDAP) assists disabled individuals
11 experiencing homelessness or at risk of homelessness who are likely eligible for disability
12 benefits, while also providing housing assistance for them and their household. WestCare
13 California Inc. (WestCare) shall provide HDAP services, including but not limited to: disability
14 income benefits advocacy; housing-based case management; outreach; intake and
15 assessment; care coordination for physical and mental health services; client transportation;
16 post-exit follow-up client contacts; ensure clients receive financial assistance for temporary
17 housing, permanent housing, utilities, storage, limited household expenses, and client-caused
18 damages; and refer clients to other supportive services (e.g. legal aid, substance abuse
19 counseling).
20 The services provided shall adhere to relevant requirements associated with the
21 program's funding sources, including:
22 • Adhering to Housing First principles as described in the California Welfare &
23 Institutions Code (W&IC) section 8255.
24 • Following the requirements within the Housing and Disability Advocacy Program
25 legislation (W&IC sections 18999 et seq.) and guidance provided via California
26 Department of Social Services (CDSS) All County Letters.
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Contract #P-23-444
Exhibit A
1 Ensuring that services and expenses reimbursed by the United States Department of
2 Housing and Urban Development (HUD) Emergency Solutions Grant (ESG) are
3 provided in accordance with 24 CFR 576.
4 Ensuring that services and expenses reimbursed by HUD Tenant Based Rental
5 Assistance (TBRA) are provided in accordance with 24 CFR 92.
6 WestCare shall ensure HDAP staff are informed of all relevant program requirements,
7 staff maintain documentation of meeting regulatory requirements, and that reimbursement is
8 requested for only eligible expenses and services.
9 Changes to the State HDAP regulations that do not have impacts on staffing expenses
10 or require an increase in maximum compensation shall be incorporated into WestCare's HDAP
11 service delivery practices within a timeframe mutually acceptable to both WestCare and the
12 County's Department of Social Services (DSS).
13 2. TARGET POPULATION
14 The highest priority shall be given to (1) chronically homeless households or (2)
15 households with a disabled individual who are homeless and rely most heavily on government-
16 funded services. WestCare and the County's Department of Social Services (DSS) shall
17 periodically assess the local need and work in collaboration with the Fresno Madera Continuum
18 of Care (FMCoC) Coordinated Entry System to ensure clients with the highest needs are given
19 the highest priority and are able to access HDAP services. WestCare and DSS shall mutually
20 develop a prioritization process to use when admitting prospective clients into HDAP.
21 Eligible subpopulations that may be targeted for outreach include, but are not limited to,
22 homeless individuals or families with disabilities who are: General Relief applicants or
23 recipients; CaIWORKs recipients; CalFresh recipients; low-income veterans; or low-income
24 individuals who had experienced homelessness prior to entering an institution, who are being
25 discharged or can be diverted from jail, prison, the hospital, a long-term care facility, or a
26 rehabilitation facility.
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Contract #P-23-444
Exhibit A
1 3. STAFFING
2 WestCare shall provide sufficient staff to achieve the program outcomes and resolve
3 staffing vacancies in a timely manner. Staff shall be trained on program requirements, HMIS,
4 and how to employ evidence-based practices for client engagement, including but not limited to:
5 motivational interviewing, trauma-informed care, and client-centered case planning.
6 The current staffing pattern is: Director (0.15 FTE), HDAP Program Manager (1.0 FTE),
7 Quality Control Case Manager (1.0 FTE), Disability Income Advocate (2.0 FTE), and Housing-
8 Based Case Manager (4.0 FTE). These FTE may be adjusted by mutual agreement, with prior
9 approval of the County, based on the needs of the program.
10 4. CORE HDAP SERVICES
11 A. Alterations to Business Practices Described in This Section
12 By mutual agreement and with prior approval of the County, WestCare and DSS may
13 adjust any business practice described in this Core HDAP Services section based on program
14 need, so long as the revised policies do not conflict with State requirements or obligations to
15 Federal funding sources. No change in business practice made in accordance with this
16 subsection shall entitle WestCare to additional compensation, unless ratified through an
17 Amendment to this Agreement.
18 B. Collaborate & Communicate with DSS, FMCoC, & Community Partners
19 WestCare shall create and/or maintain partnerships within the FMCoC and with other
20 community partners to ensure HDAP participants have access to a broad range of supportive
21 services enabling long-term housing stability and access to supports for mental and physical
22 health.
23 WestCare shall acknowledge and respond to inquiries from DSS or client landlords
24 within two business days. WestCare should acknowledge and respond to inquiries relating to
25 HDAP participants from other FMCoC community partners within three business days. This
26 does not obligate WestCare to identify a solution or produce a report within these timeframes,
27 but communication should be frequent and responsive until each individual matter is resolved.
28 C. Verify Minimum Client Eligibility Requirements
A-3
Contract #P-23-444
Exhibit A
1 WestCare shall verify and document that households accepted for HDAP services shall
2 have at least one individual who satisfies all four conditions below.
3 1. The person is unable to engage in any substantial gainful activity because of a
4 medically-determinable physical or mental impairment that is expected to result in
5 death, or that has lasted or is expected to last for a continuous period of at least 12
6 months. Guidance on substantial gainful activity and examples of physical and
7 mental impairments are contained in the Social Security Administration's Blue Book.
8 2. The person is not receiving any disability benefits (most common), is not receiving
9 the full disability benefits for which the person is entitled, or is at risk of losing
10 existing disability benefits due to difficulties in completing the disability
11 redetermination process.
12 3. The person has been verified to be chronically homeless or homeless, as defined by
13 HUD in 24 CFR section 91.5, or is about to be exited from an institution into
14 homelessness.
15 4. The person's household meets the low-income criteria under HUD definitions for
16 the fiscal year in which the person was assessed.
17 D. Outreach
18 WestCare shall employ active outreach practices, including establishing and utilizing
19 partnerships with local homeless outreach teams to seek out and engage with vulnerable
20 individuals experiencing homelessness in the community, focusing on those individuals with the
21 severest needs. Outreach activities may be conducted by HDAP staff or may be achieved
22 through collaboration with other community-based organizations. In addition to identifying HDAP
23 clients in unserved homeless populations, WestCare may also analyze data describing known
24 homeless individuals and invite clients into the program based on severity of need.
25 Outreach to HDAP-eligible populations is a required component of HDAP and WestCare
26 must ensure and document its occurrence.
27 E. Referral, Intake, Assessment, & Prioritization
28
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Contract #P-23-444
Exhibit A
1 WestCare shall accept referrals for HDAP from the Fresno Madera Continuum of Care
2 (FMCoC) Coordinated Entry System (CES). Both the referring entity and the prospective client
3 will be contacted by WestCare within 3 business days and assessment of the prospective client
4 shall occur within 5 business days (unless the client is incapacitated by injury or incarceration,
5 or requests a later assessment date).
6 If WestCare staff have difficulty connecting with the referred client, staff shall promptly
7 inform the referring entity of the difficulty and enlist FMCoC resources to connect with the
8 referred client. Once connected, WestCare shall obtain or perform assessments to determine
9 and prioritize the client's suitability for HDAP services. Assessments may include, but are not
10 limited to: the VI SPDAT, the full SPDAT, and SAMHSA's SOAR criteria. No single assessment
11 score shall be utilized to determine acceptance into HDAP.
12 Instead, WestCare and DSS shall jointly create and adopt a program rubric to
13 standardize the prioritization process for accepting clients into the program. Factors for
14 consideration shall include, but are not limited to: assessment scores, duration of
15 homelessness, income, severity of medical issues, diagnosis of fatal condition, age, and client's
16 ability to self-resolve issues.
17 Referrals for clients who do not meet the four minimum eligibility criteria shall be
18 considered denied. Referrals for assessed clients who meet the four minimum eligibility criteria,
19 but who are not accepted into HDAP due to prioritization or insufficient program capacity, shall
20 be considered deferred and the client shall be placed on a waiting list. The list shall be ranked
21 by severity of need, not assessment date. Clients exited due to loss of contact or
22 institutionalization shall be placed at the top of the waiting list. Annually, beginning July 1, 2021,
23 the waiting list may be purged of clients with assessment dates (referred clients) or last-contact
24 dates (exited clients) older than two years.
25 WestCare shall document all denial and deferral reasons for clients not admitted into
26 HDAP and reconnect the clients back to the appropriate person within the CES. All clients not
27 accepted into HDAP shall be informed of their status and options both verbally and in writing.
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Contract #P-23-444
Exhibit A
1 In accordance with Housing First principles, WestCare shall ensure HDAP participants
2 may enter the program with their possessions, partners, and pets. WestCare staff shall adhere
3 to all components of the Housing First principles referenced on the first page of this document.
4 WestCare shall ensure clients prioritized into HDAP meet the income requirements for
5 the program funding their housing assistance. Housing assistance funds may include ESG and
6 TBRA, which require the recipient to meet 30% and 50% of the Area Median Income,
7 respectively, in accordance with their program regulations referenced on the first page of this
8 document.
9 F. Disability Income AdvocacyResponsibilities of Disability Income
10 Advocates
11 WestCare Disability Income Advocates shall develop an Individualized Service Plan for
12 each client and assist the client in applying for the following programs or income sources, as
13 appropriate to each client's situation:
14 Supplemental Security Income (SSI)/ State Supplementary Program for the Aged,
15 Blind, and Disabled (SSP)
16 • Federal Social Security Disability Insurance (SSDI)
17 • Cash Assistance Program for Immigrants (CAPI)
18 • Veterans' Benefits (in conjunction with a Veterans Affairs accredited representative)
19 Medi-Cal, CalFresh, General Relief, or other assistance programs
20 Retirement and survivors' benefits
21 Any other Federal or State benefits programs not identified above that an individual
22 may be eligible to receive.
23 Disability income advocacy includes completion of the entire disability benefit
24 application. Advocacy services shall include, but are not limited to:
25 Obtaining all relevant documentation from hospitals, medical centers, county offices,
26 physicians, clinics, employers, case managers, and others to meet the necessary
27 burden of proof for a client's disability or eligibility for income.
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Contract #P-23-444
Exhibit A
1 Including a summary of findings that points specifically to the evidence in the medical
2 records, as well as other supporting materials.
3 Developing and filing completely prepared documents for applications, appeals,
4 reconsiderations, reinstatements, and recertifications.
5 Coordinating with Federal, State, and County offices for pending applications,
6 appeals, reconsiderations, reinstatements, and recertifications.
7 Advocating on behalf of the HDAP participants.
8 Using the SSI/SSDI Outreach, Access, and Recovery (SOAR) model, or a model that
9 includes SOAR-like principles to complete applications.
10 Ensuring that disability applications are submitted with as much evidence as possible
11 so that the applicant has the best chance of being awarded at the initial application
12 phase and avoids a long wait time for an appeal hearing.
13 Continuing services until a final decision has been made on a client's disability claim.
14 If a claim is denied, the Advocate shall continue with the reconsideration and appeals
15 process.
16 Working closely with other HDAP Team members and DSS partner agencies to
17 provide a smooth and consistent experience for the client.
18 Consistent with State guidance, WestCare shall continue to pursue an open line of
19 communication with the local Social Security Administration (SSA) offices with the goal of
20 securing a dedicated SSA Analyst to process applications for homeless clients.
21 Administrative Law Judge (ALJ) Stage
22 When clients reach the ALJ stage of the disability benefits application, the Disability
23 Income Advocate may connect the client with qualified legal representation provided by
24 experienced disability benefit attorneys (at no cost to the HDAP participant).
25 WestCare and DSS shall develop connections and resources in the community for
26 clients needing support at the ALJ stage. Use of HDAP funds for a client's disability legal aid is
27 permissible.
28 Quality Assurance Review
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Contract #P-23-444
Exhibit A
1 In accordance with State guidance, WestCare shall ensure all applications completed by
2 an Advocate receive a secondary review from a different staff member prior to submission, to
3 ensure quality and completeness.
4 G. Housing-Based Case Management
5 Responsibilities of Housing-Based Case Managers
6 Housing-based case management is a required component of HDAP. Housing services
7 shall be available to participants for the entire length of program enrollment, from date of
8 program entry to date of exit. WestCare Housing-Based Case Managers shall ensure all clients
9 who desire to be housed are housed and shall ensure each client stabilizes their housing
10 situation and is able to maintain the obligations of tenancy.
11 Upon entry to HDAP, participants shall be assigned to a Housing-Based Case Manager
12 who will immediately help the client secure temporary housing and arrange for transportation of
13 the client and their possessions to the temporary facility. Within 30 days, the Housing-Based
14 Case Manager shall work with the client to create an Individualized Service Plan consistent with
15 the Housing First philosophy and following evidence-based practices. The plan shall include
16 both short-term and long-term goals and should be considered a living document with updates
17 made as the client makes progress. Short term goals for the client should be achievable in 1-2
18 weeks. All services shall be offered on a voluntary basis and not contingent upon participation in
19 services.
20 Case management shall include providing access to wraparound services for individual
21 clients and their households to ensure their successful transition to independent living (or entry
22 into a Permanent Supportive Housing program). It shall also include arranging, coordinating,
23 monitoring, and delivering services necessary to meet the client's housing needs and attain
24 housing stability.
25 Once a client is housed, the Housing-Based Case Manager shall work with the client to
26 maintain their residence and increase stability in their economic situation, social abilities, mental
27 health, and physical health. This may include linkages to programs for literacy, vocational
28 training, education (GED, community college), and job readiness skills (interpersonal and
A-8
Contract #P-23-444
Exhibit A
1 interview skills, resume preparation, job search assistance). The Housing-Based Case Manager
2 shall also provide life skills coaching in the areas of interpersonal communication, conflict
3 resolution, money management, hygiene, meal preparation, nutrition, and other skills necessary
4 for client stability.
5 Housing Navigation
6 WestCare shall provide HDAP participants with housing navigation assistance to support
7 them in finding safe and decent housing that is affordable and sustainable long-term. This
8 obligation may be fulfilled by HDAP staff or through a partnership with a partner agency or with
9 other WestCare staff. At all times, the Housing-Based Case Manager must be aware of the
10 client's housing situation and progress through the housing navigation process. The Case
11 Manager shall take appropriate and timely actions to ensure a smooth, timely, and successful
12 housing experience for the client.
13 Temporary Housing
14 Use of motels for emergency shelter is to occur only when no other shelter is available
15 or appropriate. WestCare shall utilize temporary housing resources identified by DSS such as
16 Triage, Bridge, and recuperative care facilities. A minimum of 60% of clients shall move from
17 temporary housing to permanent housing within 60 days of program entry.
18 Permanent Housing
19 WestCare shall utilize a variety of appropriate permanent housing solutions to ensure
20 client stability, including but not limited to: Permanent Supportive Housing, independent living
21 facilities, board and care facilities, individual apartments, master leasing, other shared housing,
22 and reunification with family or friends. HDAP funds may be used to modify units to
23 accommodate accessibility needs and make the units ADA compliant, with prior approval of
24 DSS.
25 Housing Affordability & Sustainability
26 The goal for clients is obtaining permanent housing that becomes and remains
27 sustainable for a minimum of 24 months after program exit. The HDAP Case Manager shall
28 ensure that all HDAP clients are placed in permanent housing situations that are appropriate for
A-9
Contract #P-23-444
Exhibit A
1 the client's ability to provide self-care and will be financially sustainable following the client's
2 receipt of disability income benefits.
3 H. Managing Financial Assistance for Housing
4 WestCare staff shall work with DSS and DSS partner agencies to coordinate, identify,
5 and provide housing for all HDAP participants from day of program entry to date of exit. Funding
6 for housing will be provided through this agreement or DSS partner arrangements. WestCare
7 may be requested to provide rental assistance payments to landlords and seek reimbursement
8 from DSS or DSS partner agencies.
9 Financial assistance for housing must be spent in accordance with the applicable
10 regulations and contractual obligations for the funding source being utilized. Accurate
11 documentation of expenditures is expected and WestCare shall ensure costs incurred are non-
12 duplicative, reasonable, allowable, and necessary. Allowable expenditures may vary by funding
13 source, but generally include: rent, rental deposits, utilities, utility deposits, and storage. HDAP
14 funding may be used for limited household furniture and expenses, as well as client-caused
15 damages in excess of the client's deposit.
16 It is understood by WestCare and DSS that use of HDAP funds for motel vouchers is
17 permitted, but use of motel bed nights shall be limited to extreme circumstances (including
18 medical reasons), justified in writing, and not last longer than necessary.
19 1. Landlord Mitigation & Tenant Disputes
20 WestCare staff shall engage landlords and clients to resolve landlord/client disputes,
21 making use of mitigation funds as needed for negligence or damages not covered by the client's
22 deposit. Housing-based case management shall then intensify and identify sufficient supports to
23 assist the client in adhering to lease requirements without further cause to use mitigation funds.
24 All efforts shall be made to keep the client housed prior to changing the client's permanent
25 housing placement. WestCare staff shall support clients' acquisition of cohabitation skills.
26 J. Care Coordination &Access to Appropriate Physical and Mental Health
27 Services
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Contract #P-23-444
Exhibit A
1 WestCare staff shall ensure HDAP participants have timely and meaningful access to
2 appropriate physical and mental health services. If clients are not connected to the necessary
3 health care providers, HDAP staff will encourage the client to seek treatment for their condition
4 and will assist the client in selecting an appropriate provider. WestCare staff shall ensure all
5 clients are assisted with transportation to appointments, daily living skills development, and
6 motivational encouragement to participate in treatment. WestCare staff shall work together to
7 share knowledge of each client's needs, strategize supports and interventions, and provide
8 supportive services.
9 Consistent with case management best practices, WestCare staff shall meet weekly to
10 briefly discuss the status of each HDAP client, including the client's housing situation, mental
11 and physical health status, and progress towards identified goals. Clients with no week-to-week
12 progress should be identified and offered additional supportive services.
13 K. Client Transportation
14 WestCare staff shall ensure clients have appropriate transportation to medical
15 appointments, food, laundry facilities, and other relevant locations pertaining to achieving
16 disability income and housing stability. WestCare staff shall consider the client's ability,
17 resources, and the importance of the appointment when determining whether the client may be
18 provided bus token or whether additional transportation assistance is needed.
19 L. Transition Planning
20 HDAP staff shall begin transition planning for clients upon their entry into HDAP,
21 adjusting the transition plan as the client progresses through the program. Supportive services
22 needed for the client to live as independently as possible should be put in place quickly. As
23 soon as HDAP staff determine a disability income application is likely to receive a final denial,
24 the staff shall begin preparing the client to exit the program and update the transition plan
25 accordingly. Transition plan components may include, but are not limited to: connecting the
26 client with a different housing program and referring the client for workforce development
27 services to potentially gain income through employment. Clients who independently decide not
28
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Contract #P-23-444
Exhibit A
1 to pursue their application for disability benefits shall also receive assistance in preparing a
2 transition plan.
3 M. Supportive Services Following Acquisition of Disability Benefits
4 WestCare shall provide clients approved for benefits with case management,
5 appropriate housing financial assistance, linkages, and access to all HDAP program resources
6 until they are exited from the program. Clients with benefits shall not be exited from the program
7 until they are in sustainable permanent housing and have demonstrated their ability to
8 independently maintain housing for several months. WestCare and DSS shall jointly develop
9 additional uniform guidelines for services provided after the acquisition of disability income
10 benefits.
11 N. Post-Exit Follow-Up Client Contacts
12 WestCare shall inform clients prior to exit that they will be contacted at 6, 12, and 24
13 months after exit for several follow-up questions about their current housing status. Unless
14 subsequently absolved of this responsibility by a future statewide solution to collecting post-exit
15 client data, WestCare staff shall be responsible for attempting contact through both phone and
16 in-person visits and reporting the results to DSS upon request.
17 5. CLIENT COMPLAINTS
18 WestCare shall develop and implement a formal process for HDAP clients to make
19 written complaints about HDAP services provided by WestCare or DSS partner agencies.
20 WestCare staff may assist the client in writing their complaint upon client request. Records of
21 complaints and resolutions shall be maintained and shall be open to review by the DSS Analyst.
22 6. EXITING CLIENTS
23 Although there is a maximum length of time a client can receive certain Federal funds for
24 housing, there is no maximum length of time clients may participate in HDAP.
25 With Disability Benefits & Stable Housing: Clients may be exited from HDAP once
26 they have demonstrated the ability to maintain payments for housing, utilities, and
27 food; the client is able to independently access mental and physical health care
28 services or has been connected with a service provider to facilitate access; and the
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Contract #P-23-444
Exhibit A
1 HDAP team is confident the client should be able to maintain their housing for a
2 minimum of 24 months post-exit.
3 Without Benefits (ALJ Denial): Clients who receive a final denial at the ALJ stage
4 shall be exited from HDAP, ideally to another housing program, within 90 days. If
5 clients cannot transition to another housing program, they shall be referred to
6 Coordinated Entry.
7 • To Other Homeless Programs: Clients may be exited immediately to other homeless
8 services programs at the request of the client.
9 • Exit by Client Choice: Clients may choose to stop participating in HDAP at any time;
10 the official exit should occur after one month following the client's request and after
11 offers to reenter the program have been made.
12 Disengaged & Missing: Clients who cannot be located or contacted for a period in
13 excess of 6 weeks may be exited from the program. These exited clients shall be
14 placed at the top of the program's waitlist using the last date of contact and may
15 receive priority re-engagement in services if they resurface within two years.
16 Extreme Behavior: Clients who repeatedly endanger HDAP staff may be exited from
17 HDAP if no alternative solutions (including telephone-only visits) or supportive
18 services can be put in place to ensure the safety of staff. All efforts should be made
19 to resolve concerns with client safety, including connecting the client with intensive
20 mental health supports.
21 Long-Term Incarceration or Hospitalization: Clients who have entered an institution
22 and who are expected to remain there in excess of 90 days may be exited from
23 HDAP. HDAP team shall follow best practices with regards to the client's
24 possessions. Similar to disengaged and missing clients, clients exited for this reason
25 shall be placed on the waitlist and may receive priority re-engagement if they return
26 within two years.
27
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Contract #P-23-444
Exhibit A
1 7. DATA COLLECTION, SERVICE DOCUMENTATION, & REPORTING
2 WestCare shall maintain complete and accurate documentation of client data, service
3 dates, services provided, and program expenses. One or more HDAP staff shall be assigned
4 the duty of ensuring compliance with this program requirement. WestCare shall provide
5 complete and accurate monthly activity reports to DSS, in a report format approved by DSS, by
6 no later than the 15th of each month. WestCare shall provide additional reports, in formats
7 approved by DSS, relating to State reporting requirements and DSS Analyst inquiries on an as-
8 needed basis. All reports and financial reimbursement requests presented to DSS shall be
9 reviewed for accuracy prior to submission.
10 8. TRANSITION ASSISTANCE
11 In the event that WestCare may end their involvement in HDAP, WestCare staff shall
12 work with DSS and DSS partner agencies to ensure a smooth transition of clients, their records,
13 and data relevant to State reporting requirements.
14 9. OUTCOMES
15 WestCare shall meet the outcomes below. These outcomes may be adjusted by DSS.
16 At least 60% of clients who entered the program after July 1, 2020 shall enter
17 permanent housing within 60 days of program entry.
18 At least 50% of individuals who entered the program after July 1, 2020 shall have
19 their SSI or CAPI application submitted within 100 days of program entry.
20 A minimum of 10 unique individuals per fiscal year will be newly approved for
21 disability benefits.
22 A minimum of 4 unique individuals per fiscal year will be newly approved for disability
23 benefits upon submission of the initial application.
24 10. SUBRECIPIENT RESPONSIBILITIES
25 Provide services as described above.
26 Achieve and maintain an active caseload of at least 50 HDAP households.
27
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Contract #P-23-444
Exhibit A
1 WestCare shall provide annual Civil Rights training to their staff in the beginning of
2 every calendar year and will provide relevant proof to the County of Fresno by April
3 1.
4 Ensure that mental health and substance abuse treatment resources WestCare
5 provides through other programs are available to eligible HDAP clients and ensure
6 that clients are actively linked to appropriate supportive services.
7 Track all disability benefits application data in the SOAR Online Application Tracking
8 (OAT) database, or another data application approved by DSS.
9 Enter all clients approved for HDAP into the FMCoC Homeless Management
10 Information System (HMIS) project for HDAP.
11 Ensure all required data is entered timely into the system(s) of record.
12 Work with DSS to modify data entry practices, reports, business processes, or other
13 program components as requested.
14 Meet regularly with DSS and DSS partner agencies.
15 12. COUNTY RESPONSIBILITIES
16 Provide DSS Analyst support to the HDAP program, including, but not limited to this
17 agreement.
18 Work with WestCare to resolve difficulties and make program improvements.
19
20
21
22
23
24
25
26
27
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A-15
Contract #P-23-444
Exhibit B
1 Compensation
2 The Subrecipient will be compensated for performance of its services under this
3 Agreement as provided in this Exhibit B. The Subrecipient is not entitled to any compensation
4 except as expressly provided in this Exhibit B.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
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25
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B-1
Contract #P-23-444
Exhibit B
1 BUDGET SUMMARY
2 ORGANIZATION: WestCare California, Inc.
3 SERVICES: Housing & Disability Advocacy Program
4 BUDGET TERMS: September 01, 2023 to October 31, 2023
November 1, 2023 to November 30, 2023
5 (Optional)
6
CONTRACT AMOUNTS: $200,000 MAXIMUM COMPENSATION
7 September 01, 2023 — November
g 30, 2023
9 ELIGIBLE EXPENSES FOR SEPTEMBER 01, 2023 to
10 NOVEMBER 30, 2023 AMOUNT
11 Housing Assistance
12 Emergency Shelter Motel Vouchers
Rapid Rehousing Financial Assistance
13 Rental Assistance
14 Security Deposits
15 Utility Assistance
Utility Deposits
16 Moving Costs
17 Storage Costs
Household Supplies & Furniture
18 Landlord Mitigation
19 Housing Assistance Subtotal $ 49,917
20 Staffing& Office Expenses
21 Disability Benefits Advocacy
Housing-Based Case Management
22 Direct Office Expenses
23 Staffing& Office Expenses Subtotal $ 137,028
24 Administration $ 13,055
25
26 TOTAL MAXIMUM COMPENSATION FOR TERM $ 200,000
27
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Contract #P-23-444
Exhibit C
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno ("County"), members of a
Subrecipient's board of directors ("County Subrecipient"), 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 used 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.
The form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
C-1
Contract #P-23-444
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:
C-2
Contract #P-23-444
Exhibit D
Insurance Requirements
1. Required Policies
Without limiting the County's right to obtain indemnification from the Subrecipient or any third
parties, Subrecipient, at its sole expense, shall maintain in full force and effect the following
insurance policies throughout the term of this Agreement.
(A) Commercial General Liability. Commercial general liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
Coverage must include products, completed operations, property damage, bodily injury,
personal injury, and advertising injury. The Subrecipient shall obtain an endorsement to
this policy naming the County of Fresno, its officers, agents, employees, and volunteers,
individually and collectively, as additional insureds, but only insofar as the operations
under this Agreement are concerned. Such coverage for additional insureds will apply as
primary insurance and any other insurance, or self-insurance, maintained by the County
is excess only and not contributing with insurance provided under the Subrecipient's
policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.
Coverage must include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of
the State of California with statutory limits.
(D) Employer's Liability. Employer's liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for disease.
(E) Professional Liability. Professional liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million
Dollars ($3,000,000). If this is a claims-made policy, then (1) the retroactive date must
be prior to the date on which services began under this Agreement; (2) the Subrecipient
shall maintain the policy and provide to the County annual evidence of insurance for not
less than five years after completion of services under this Agreement; and (3) if the
policy is canceled or not renewed, and not replaced with another claims-made policy
with a retroactive date prior to the date on which services begin under this Agreement,
then the Subrecipient shall purchase extended reporting coverage on its claims-made
policy for a minimum of five years after completion of services under this Agreement.
2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the Subrecipient signs this Agreement,
and at any time during the term of this Agreement as requested by the County's Risk
Manager or the County Administrative Office, the Subrecipient shall deliver, or cause its
broker or producer to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th
Floor, Fresno, California 93721, or HRRiskManagement@fresnocountyca.gov, and by
mail or email to the person identified to receive notices under this Agreement,
D-1
Contract #P-23-444
Exhibit D
certificates of insurance and endorsements for all of the coverages required under this
Agreement.
(i) Each insurance certificate must state that: (1) the insurance coverage has been
obtained and is in full force; (2) the County, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and (3) the
Subrecipient has waived its right to recover from the County, its officers, agents,
employees, and volunteers any amounts paid under any insurance policy
required by this Agreement and that waiver does not invalidate the insurance
policy.
(ii) The commercial general liability insurance certificate must also state, and include
an endorsement, that the County of Fresno, its officers, agents, employees, and
volunteers, individually and collectively, are additional insureds insofar as the
operations under this Agreement are concerned. The commercial general liability
insurance certificate must also state that the coverage shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the County
shall be excess only and not contributing with insurance provided under the
Subrecipient's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(iv) The professional liability insurance certificate, if it is a claims-made policy, must
also state the retroactive date of the policy, which must be prior to the date on
which services began under this Agreement.
(B) Acceptability of Insurers. All insurance policies required under this Agreement must be
issued by admitted insurers licensed to do business in the State of California and
possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no
less than A: VI I.
(C) Notice of Cancellation or Change. For each insurance policy required under this
Agreement, the Subrecipient shall provide to the County, or ensure that the policy
requires the insurer to provide to the County, written notice of any cancellation or change
in the policy as required in this paragraph. For cancellation of the policy for nonpayment
of premium, the Subrecipient shall, or shall cause the insurer to, provide written notice to
the County not less than 10 days in advance of cancellation. For cancellation of the
policy for any other reason, and for any other change to the policy, the Subrecipient
shall, or shall cause the insurer to, provide written notice to the County not less than 30
days in advance of cancellation or change. The County in its sole discretion may
determine that the failure of the Subrecipient or its insurer to timely provide a written
notice required by this paragraph is a breach of this Agreement.
(D) County's Entitlement to Greater Coverage. If the Subrecipient has or obtains
insurance with broader coverage, higher limits, or both, than what is required under this
Agreement, then the County requires and is entitled to the broader coverage, higher
limits, or both. To that end, the Subrecipient shall deliver, or cause its broker or producer
to deliver, to the County's Risk Manager certificates of insurance and endorsements for
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Contract #P-23-444
Exhibit D
all of the coverages that have such broader coverage, higher limits, or both, as required
under this Agreement.
(E) Waiver of Subrogation. The Subrecipient waives any right to recover from the County,
its officers, agents, employees, and volunteers any amounts paid under the policy of
worker's compensation insurance required by this Agreement. The Subrecipient is solely
responsible to obtain any policy endorsement that may be necessary to accomplish that
waiver, but the Subrecipient's waiver of subrogation under this paragraph is effective
whether or not the Subrecipient obtains such an endorsement.
(F) County's Remedy for Subrecipient's Failure to Maintain. If the Subrecipient fails to
keep in effect at all times any insurance coverage required under this Agreement, the
County may, in addition to any other remedies it may have, suspend or terminate this
Agreement upon the occurrence of that failure, or purchase such insurance coverage,
and charge the cost of that coverage to the Subrecipient. The County may offset such
charges against any amounts owed by the County to the Subrecipient under this
Agreement.
(G)Subrecipients. The Subrecipient shall require and verify that all subrecipients used by
the Subrecipient to provide services under this Agreement maintain insurance meeting
all insurance requirements provided in this Agreement. This paragraph does not
authorize the Subrecipient to provide services under this Agreement using subrecipients.
D-3