HomeMy WebLinkAboutAgreement A-23-674 with WestCare California Inc..pdf Agreement No. 23-674
1 AGREEMENT
2 THIS AGREEMENT is made and entered into this 12th day of December, 2023, by and between
3 the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as
4 "COUNTY", and WESTCARE CALIFORNIA, INC., a California non-profit corporation, whose address is
5 1900 N. Gateway Blvd., Ste. 100, Fresno, CA 93727, hereinafter referred to as ("SUBRECIPIENT"),
6 COUNTY and the SUBRECIPIENT may be referred to individually as a "Party" and collectively
7 as the "Parties."
8 RECITALS:
9 A. COUNTY through its Department of Social Services (DSS) has received an allocation of funding
10 from the California Department of Social Services (CDSS) to implement and administer the Housing and
11 Disability Advocacy Program (HDAP), authorized from the Budget Act of 2021 Senate Bill 129 (SB 129);
12 and
13 B. COUNTY continues to have a significant population of homeless and disabled individuals who
14 are in need of disability advocacy and housing assistance; and
15 C. SUBRECIPIENT is willing and able to provide disability advocacy and housing services to the
16 said population; and
17 D. SUBRECIPIENT is willing and able to provide said disability and advocacy and housing
18 assistance and related case management services to homeless and disabled individuals.
19 The parties therefore agree as follows:
20 1. SUBRECIPIENT'S SERVICES
21 SUBRECIPIENT shall perform all services as set forth in Exhibit A, Summary of Services,
22 attached hereto and incorporated herein by this reference.
23 SUBRECIPIENT shall provide specified services and activities pursuant to the staffing patterns
24 and program expenses detailed in Exhibit B, Budget Summary, attached hereto and incorporated herein
25 by this reference.
26 SUBRECIPIENT represents that it is qualified, ready, willing, and able to perform all of the
27 services provided in this Agreement.
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1 SUBRECIPIENT shall, at its own cost, comply with all applicable federal, state, and local laws
2 and regulations in the performance of its obligations under this Agreement, including but not limited to
3 workers compensation, labor, and confidentiality laws and regulations.
4 2. TERM
5 The term of this Agreement shall commence on December 12, 2023, through and including June
6 30, 2025. This Agreement may be extended for one (1) additional twelve (12) month period upon written
7 approval of both parties no later than thirty (30) days prior to the first day of the next twelve (12) month
8 extension period. The Director of the Department of Social Services (DSS) or his or her designee is
9 authorized to execute such written approval on behalf of COUNTY based on SUBRECIPIENT'S
10 satisfactory performance. The extension of this Agreement by COUNTY is not a waiver or compromise
11 of any default or breach of this Agreement by SUBRECIPIENT existing at the time of the extension
12 whether or not known to COUNTY.
13 3. TERMINATION
14 A. Non-Allocation of Funds
15 The terms of this Agreement, and the services to be provided hereunder, are contingent on the
16 approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the
17 services provided may be modified, or this Agreement terminated, at any time by giving the
18 SUBRECIPIENT thirty (30) days advance written notice.
19 B. Breach of Contract
20 The COUNTY may suspend or terminate this Agreement in whole or in part, where in the
21 determination of the COUNTY, the SUBRECIPIENT:
22 1) Obtained or used funds illegally or improperly;
23 2) A failure to comply with any term of this Agreement;
24 3) A substantially incorrect or incomplete report submitted to the COUNTY; or
25 4) Improperly performed any of its obligations under this Agreement.
26 Upon determining that a breach (as defined above) has occurred, COUNTY may give written
27 notice of the breach to SUBRECIPIENT. The written notice may suspend performance under this
28 Agreement and must provide at least 30 days for SUBRECIPIENT to cure the breach.
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1 If SUBRECIPIENT fails to cure the breach to COUNTY's satisfaction within the time stated in the
2 written notice, COUNTY may terminate this Agreement immediately.
3 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any
4 breach of this Agreement or any default which may then exist on the part of the SUBRECIPIENT.
5 Neither shall such payment impair or prejudice any remedy available to the COUNTY with respect to the
6 breach or default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment
7 to the COUNTY of any funds disbursed to the SUBRECIPIENT under this Agreement, which in the
8 judgment of the COUNTY were not expended in accordance with the terms of this Agreement. The
9 SUBRECIPIENT shall promptly refund any such funds upon demand.
10 Any termination of this Agreement by the COUNTY under this Section Three is without penalty to
11 or further obligation of the COUNTY. This Section Three survives the termination of this Agreement.
12 C. Without Cause
13 Under circumstances other than those set forth above, this Agreement may be terminated by
14 SUBRECIPIENT, COUNTY or COUNTY's DSS Director, or designee, upon the giving of thirty (30) days
15 advance written notice of an intention to terminate this Agreement.
16 4. COMPENSATION
17 For actual services provided pursuant to the terms of this Agreement, COUNTY agrees to pay
18 SUBRECIPIENT and SUBRECIPIENT agrees to receive compensation in accordance with the Exhibit
19 B, Budget Summary.
20 In no event shall compensation paid for services performed under this Agreement be in excess of
21 Four Million, Six Hundred Ninety-Six Thousand, Eight Hundred Seventy-Nine and No/100 Dollars
22 ($4,696,879) during the term of this Agreement. For the period of December 12, 2023 through June 30,
23 2025 in no event shall compensation paid for services performed under this agreement be in excess of
24 Two Million, Eight Hundred Seventy-Eight Thousand, Seven Hundred Thirty-Two and No/100 Dollars
25 ($2,878,732). For the period of July 1, 2025 through June 30, 2026 in no event shall compensation paid for
26 services performed under this Agreement be in excess of One Million, Eight Hundred Eighteen Thousand,
27 One Hundred Forty-Seven and No/100 Dollars ($1,818,147).
28 The SUBRECIPIENT is solely responsible for all of its costs and expenses that are not specified as
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1 payable by the County under this Agreement. If SUBRECIPIENT should fail to comply with any provision of
2 the Agreement, COUNTY shall be relieved of its obligation for further compensation. Any compensation
3 which is not expended by SUBRECIPIENT pursuant to the terms and conditions of this Agreement shall
4 automatically revert to COUNTY.
5 SUBRECIPIENT acknowledges that COUNTY is a local government entity, and does so with notice
6 that the COUNTY's powers are limited by the California Constitution and by State law, and with notice that
7 SUBRECIPIENT may receive compensation under this Agreement only for services performed according to
8 the terms of this Agreement and while this Agreement is in effect, and subject to the maximum amount
9 payable under this section. SUBRECIPIENT further acknowledges that COUNTY's employees have no
10 authority to pay SUBRECIPIENT except as expressly provided in this Agreement.
11 The services provided by the SUBRECIPIENT under this Agreement are funded in whole or in part
12 by the State of California and the United States Federal government. In the event that funding for these
13 services is delayed by the State Controller or the Federal government, COUNTY may defer payment to
14 SUBRECIPIENT. The amount of the deferred payment shall not exceed the amount of funding delayed to
15 the COUNTY. The period of time of the deferral by COUNTY shall not exceed the period of time of the
16 State Controller's or Federal government's delay of payment to COUNTY plus forty-five (45) days.
17 5. INVOICING
18 SUBRECIPIENT shall invoice COUNTY's DSS in arrears by the tenth (10th) of each month for
19 expenditures incurred and services rendered in the previous month to:
20 DSSlnvoicesCa)-fresnocountyca.gov. Payments by COUNTY's DSS shall be in arrears for actual services
21 provided during the preceding month, within forty-five (45) days after receipt, verification, and approval
22 of SUBRECIPIENT's invoices by COUNTY's DSS. A monthly activity report shall accompany the
23 invoice, reflecting services supported by the invoiced expenditures and be in a form and in such detail
24 as acceptable to the COUNTY's DSS. All final claims for funding shall be submitted by SUBRECIPIENT
25 within sixty (60) days following the final month of services. At the discretion of COUNTY's DSS Director
26 or his/her designee, COUNTY's DSS may deny payment of any invoice received more than sixty (60)
27 days following the final month of services.
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1 At the discretion of COUNTY's DSS Director or designee, if an invoice is incorrect or is otherwise
2 not in proper form or detail, COUNTY's DSS Director or designee shall have the right to withhold
3 payment as to only that portion of the invoice that is incorrect or improper after five (5) days prior written
4 notice or email correspondence to SUBRECIPIENT. SUBRECIPIENT agrees to continue to provide
5 services for a period of ninety (90) days after written or email notification of an incorrect or improper
6 invoice. If after the ninety (90) day period the invoice has still not been corrected to COUNTY's DSS
7 satisfaction, COUNTY or COUNTY's DSS Director or designee may elect to terminate this Agreement,
8 pursuant to the termination provisions stated in Paragraph Three (3) of this Agreement.
9 6. MODIFICATION
10 A. Minor changes to the Summary of Services, identified in this Agreement, may be
11 made with the mutual written approval of COUNTY's DSS Director or designee and SUBRECIPIENT.
12 Minor changes may include, but are not limited to changes that will not significantly alter the
13 responsibilities identified in Exhibit A. Any changes to the Services shall not result in any change to the
14 maximum compensation, unless agreed otherwise in writing by and among the Parties and approved by
15 each Party's respective boards.
16 B. Notwithstanding the above, changes to line items in Exhibit B, Budget Summary,
17 in an amount not to exceed 10% of the total maximum compensation payable to the SUBRECIPIENT as
18 identified in Section Four (4) of this Agreement, may be made with the written approval of COUNTY's
19 DSS Director, or designee and SUBRECIPIENT. Budget line item changes shall not result in any
20 change to the total maximum compensation amount payable to SUBRECIPIENT, as stated herein.
21 C. SUBRECIPIENT agrees that reductions to the maximum compensation set forth
22 in Section Four (4) of this Agreement may be necessitated by a reduction in funding from State or
23 Federal sources. Any such reduction to the maximum compensation may be made with the written
24 approval of COUNTY's DSS Director or designee and SUBRECIPIENT. SUBRECIPIENT further
25 understands that this Agreement is subject to any restrictions, limitations, or enactments of all legislative
26 bodies which affect the provisions, term, or funding of this agreement in any manner. If the parties do
27 not provide written approval for modification due to reduced funding, this Agreement may be terminated
28 in accordance with Section 3.A. above.
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1 7. INDEPENDENT SUBRECIPIENT
2 In performance of the work, duties and obligations assumed by SUBRECIPIENT under this
3 Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the
4 SUBRECIPIENT'S officers, agents, and employees will at all times be acting and performing as an
5 independent subcontractor, and shall act in an independent capacity and not as an officer, agent,
6 servant, employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall
7 have no right to control or supervise or direct the manner or method by which SUBRECIPIENT shall
8 perform its work and function. However, COUNTY shall retain the right to verify that SUBRECIPIENT is
9 performing its obligations in accordance with the terms and conditions of this Agreement.
10 SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and
11 regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
12 Because of its status as an independent subcontractor, SUBRECIPIENT shall have absolutely
13 no right to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be
14 solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee
15 benefits. In addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all
16 matters relating to payment of SUBRECIPIENT'S employees, including compliance with Social Security
17 withholding and all other regulations governing such matters. It is acknowledged that during the term of
18 this Agreement, SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to
19 this Agreement.
20 8. INDEMNITY AND DEFENSE
21 The Parties each agree to indemnify, save, hold harmless, and at the requesting Party's request,
22 defend the other Party, its members, partners commissioners, officers, agents, employees, and volunteers
23 from reasonable demands, injuries, damages, costs, and expenses (including attorney's fees and costs),
24 fines, penalties, liabilities, claims, and losses occurring or resulting to the requesting Party or any third
25 party that arise from or relate to the performance, or failure to perform, by the other Party, its members,
26 partners, commissioners, officers, agents, or employees, or subcontractors under this Agreement, and
27 from reasonable costs and expenses (including attorney's fees and costs), damages, liabilities, claims,
28 and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by
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1 the performance, or failure to perform, of the other Party, its members, commissioners, officers, agents, or
2 employees under this Agreement. Each Party may conduct or participate in its own defense without
3 affecting the other Party's obligation to indemnify and hold harmless or defend the requesting Party.
4 The provisions of this Section Eight (8) shall survive termination of this Agreement.
5 9. INSURANCE
6 SUBRECIPIENT shall comply with the insurance requirements in Exhibit C attached
7 hereto and incorporated herein by this reference.
8 10. ASSIGNMENT AND SUBCONTRACTS
9 Neither party shall assign, transfer or subcontract this Agreement nor their rights or duties under
10 this Agreement without the approval of the other party. Any transferee, assignee or subrecipient will be
11 subject to all applicable provisions of this Agreement, and all applicable State and Federal regulations.
12 SUBRECIPIENT shall be held primarily responsible by COUNTY for the performance of any transferee,
13 assignee or subcontractor unless otherwise expressly agreed to in writing by COUNTY. The use of
14 subcontract by SUBRECIPIENT shall not entitle SUBRECIPIENT to any additional compensation than is
15 provided for under this Agreement.
16 11. CONFLICT OF INTEREST
17 No officer, employee or agent of the COUNTY who exercises any function or responsibility for
18 planning and carrying out of the services provided under this Agreement shall have any direct or indirect
19 personal financial interest in this Agreement. In addition, no employee of the COUNTY shall be
20 employed by the SUBRECIPIENT under this Agreement to fulfill any contractual obligations with the
21 COUNTY. The SUBRECIPIENT shall comply with all Federal, State of California and local conflict of
22 interest laws, statutes and regulations, which shall be applicable to all parties and beneficiaries under
23 this Agreement and any officer, employee or agent of the COUNTY.
24 12. DISCLOSURE OF SELF-DEALING TRANSACTIONS
25 This provision is only applicable if the SUBRECIPIENT is operating as a corporation or if during
26 the term of the agreement, the SUBRECIPIENT changes its status to operate as a corporation.
27 Members of the SUBRECIPIENT's Board of Directors shall disclose any self-dealing
28 transactions that they are a party to while SUBRECIPIENT is providing goods or performing services
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1 under this agreement. A self-dealing transaction shall mean a transaction to which the SUBRECIPIENT
2 is a party and in which one or more of its directors has a material financial interest. Members of the
3 Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and
4 signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit D and incorporated
5 herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing
6 transaction or immediately thereafter.
7 13. NON-DISCRIMINATION
8 During the performance of this Agreement, SUBRECIPIENT and its officers, employees, agents
9 and subrecipients shall not unlawfully discriminate in violation of any Federal, State or local law, rule or
10 regulation against any employee or applicant for employment, or recipient of services under this
11 Agreement, because of age, ethnic group identification, sex, gender, gender identity, gender expression,
12 sexual orientation, color, physical disability, mental disability, medical condition, national origin, race,
13 ancestry, genetic information, marital status, religion, religious creed, military status, or veteran status.
14 A. Domestic Partners and Gender Identity
15 For State fund-funded contracts of$100,000 or more, SUBRECIPIENT certifies that it
16 complies with Public Contract Code Section 10295.3.
17 B. Americans with Disabilities Act
18 SUBRECIPIENT shall comply with the Americans with Disabilities Act (ADA) of 1990,
19 which prohibits discrimination on the basis of disability, as well as all applicable regulations and
20 guidelines issued pursuant to the ADA (42 U.S.C. 12101 et seq.)
21 C. SUBRECIPIENT shall include the non-discrimination and compliance provisions of this
22 section in all subcontracts to perform work under this Agreement.
23 14. LIMITED ENGLISH PROFICIENCY
24 SUBRECIPIENT shall provide interpreting and translation services to persons participating in
25 SUBRECIPIENT's services who have limited or no English language proficiency, including services to
26 persons who are deaf or blind. Interpreter and translation services shall be provided as necessary to
27 allow such participants meaningful access to the programs, services and benefits provided by
28 SUBRECIPIENT. Interpreter and translation services, including translation of SUBRECIPIENT's "vital
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1 documents" (those documents that contain information that is critical for accessing SUBRECIPIENT's
2 services or are required by law) shall be provided to participants at no cost to the participant.
3 SUBRECIPIENT shall ensure that any employees, agents, subrecipients, or partners who interpret or
4 translate for a program participant, or who directly communicate with a program participant in a
5 language other than English, demonstrate proficiency in the participant's language and can effectively
6 communicate any specialized terms and concepts peculiar to SUBRECIPIENT's services.
7 15. CONFIDENTIALITY AND DATA SECURITY
8 All services performed by SUBRECIPIENT under this Agreement shall be in strict conformance
9 with all applicable Federal, State of California and/or local laws and regulations relating to confidentiality.
10 For the purpose of preventing the potential loss, misappropriation or inadvertent disclosure of
11 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
13 with COUNTY for the purpose of providing services under this Agreement must employ adequate data
14 security measures to protect the confidential information provided to SUBRECIPIENT by COUNTY,
15 including but not limited to the following:
16 A. Subrecipient-Owned Mobile/Wireless/Handheld Devices may not be connected to
17 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
19 place, and if a secure connection is used.
20 B. Subrecipient-Owned Computers or Computer Peripherals may not be 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
27 non-COUNTY premises without prior authorization from COUNTY's Chief Information Officer or her
28 designee.
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1 D. SUBRECIPIENT may not store COUNTY's private, confidential or sensitive data
2 on any hard-disk drive.
3 E. SUBRECIPIENT are responsible to employ strict controls to ensure the integrity
4 and security of COUNTY's confidential information and to prevent unauthorized access to data
5 maintained in computer files, program documentation, data processing systems, data files and data
6 processing equipment which stores or processes COUNTY data internally and externally.
7 F. Confidential client information transmitted to one party by the other by means of
8 electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of 128
9 BIT or higher. Additionally, a password or pass phrase must be utilized.
10 G. SUBRECIPIENT are responsible to immediately notify COUNTY of any breaches
11 or potential breaches of security related to COUNTY's confidential information, data maintained in
12 computer files, program documentation, data processing systems, data files and data processing
13 equipment which stores or processes COUNTY data internally or externally.
14 H. SUBRECIPIENT shall require its subcontractors to comply with the provisions of
15 this Data Security section.
16 16. CLEAN AIR AND WATER
17 In the event the funding under this Agreement exceeds One Hundred Fifty Thousand and
18 No/100 Dollars ($150,000.00), SUBRECIPIENT shall comply with all applicable standards, orders or
19 requirements issued under the Clean Air Act, as amended, 42 U.S. Code 7401 et seq., and the Federal
20 Water Pollution Control Act, 33 U.S. Code 1251 et seq. Under these laws and regulations,
21 SUBRECIPIENT shall:
22 A. Assure the COUNTY that no facility shall be utilized in the performance of this
23 Agreement that has been listed on the Environmental Protection Agency (EPA) list of Violating Facilities;
24 B. Notify COUNTY prior to execution of this Agreement of the receipt of any
25 communication from the Director, Office of Federal Activities, U.S. EPA indicating that a facility to be
26 utilized in the performance of this Agreement is under consideration to be listed on the EPA list of
27 Violating Facilities;
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1 C. Report each violation of the above laws to COUNTY and understand and agree
2 that the COUNTY will, in turn, report each violation as required to assure notification to the Federal
3 Emergency Management Agency (FEMA) and the appropriate Environmental Protection Agency
4 Regional Office; and
5 D. Include these requirements in each subcontract exceeding $150,000 financed in
6 whole or in part with federal assistance.
7 17. PROCUREMENT OF RECOVERED MATERIALS
8 In the performance of this Agreement, SUBRECIPIENT shall comply with section 6002 of the
9 Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
10 requirements of Section 6002 include procuring only items designated in guidelines of the
11 Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
12 recovered materials practicable, consistent with maintaining a satisfactory level of competition, where
13 the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
14 preceding fiscal year exceeded $10,000. For contracts meeting this threshold SUBRECIPIENT shall
15 make maximum use of products containing recovered materials that are EPA-designated items unless
16 the product cannot be acquired:
17 i. Competitively within a timeframe providing for compliance with the
18 contract performance schedule;
19 ii. Meeting contract performance requirements; or
20 iii. At a reasonable price.
21 18. DRUG-FREE WORKPLACE REQUIREMENTS
22 For purposes of this paragraph, SUBRECIPIENT will be referred to as the "grantee". By drawing
23 funds against this grant award, the grantee is providing the certification that is required by regulations
24 implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F. These regulations
25 require certification by grantees that they will maintain a drug-free workplace. False certification or
26 violation of the certification shall be grounds for suspension of payments, suspension or termination of
27 grants, or government wide suspension or debarment. SUBRECIPIENT shall also comply with the
28 requirements of the Drug-Free Workplace Act of 1990 (California Government Code section 8350 et
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1 seq.).
2 19. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
3 VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS
4 A. COUNTY and SUBRECIPIENT recognize that SUBRECIPIENT is a recipient of
5 Federal assistance funds under the terms of this Agreement. By signing this Agreement,
6 SUBRECIPIENT agrees to comply with applicable Federal suspension and debarment regulations,
7 including but not limited to: 7 CFR 3016.35, 29 CRF 97.35, 45 CFR 92.35, and Executive Order 12549.
8 By signing this Agreement, SUBRECIPIENT attests to the best of its knowledge and belief, that it and its
9 principals:
10 1) Are not presently debarred, suspended, proposed for debarment, declared
11 ineligible, or voluntarily excluded from participation in this transaction by any Federal department or
12 agency; and
13 2) Shall not knowingly enter into any lower tier covered transaction with an entity
14 or person who is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
15 excluded from participation in this transaction by any Federal department or agency.
16 B. SUBRECIPIENT shall provide immediate written notice to COUNTY if at any time
17 during the term of this Agreement SUBRECIPIENT learns that the representations it makes above were
18 erroneous when made or have become erroneous by reason of changed circumstances
19 C. SUBRECIPIENT shall include a clause titled "Certification Regarding Debarment,
20 Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transactions" and similar in
21 nature to this Paragraph Nineteen (19) in all lower tier covered transactions and in all solicitations for
22 lower tier covered transactions.
23 D. SUBRECIPIENT shall, prior to soliciting or purchasing goods and services in
24 excess of$25,000 funded by this Agreement, review and retain the proposed vendor's suspension and
25 debarment status at https://sam.gov/SAM/.
26 E. The certification in Paragraph Nineteen (19) of this Agreement is a material
27 representation of fact upon which COUNTY relied in entering into this Agreement.
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1 20. GRIEVANCES
2 SUBRECIPIENT shall establish procedures for handling client complaints and/or grievances.
3 21. PROHIBITION ON PUBLICITY
4 None of the funds, materials, property or services provided directly or indirectly under this
5 Agreement shall be used for SUBRECIPIENT's advertising, fundraising, or publicity (i.e., purchasing of
6 tickets/tables, silent auction donations, etc.) for the purpose of self-promotion. Notwithstanding the
7 above, publicity of the services described in Paragraph One (1) of this Agreement shall be allowed as
8 necessary to raise public awareness about the availability of such specific services when approved in
9 advance by the Director or designee and at a cost as provided by SUBRECIPIENT in writing for such
10 items as written/printed materials, the use of media (i.e., radio, television, newspapers) and any other
11 related expense(s).
12 22. LOBBYING AND POLITICAL ACTIVITY
13 None of the funds provided under this Agreement shall be used for publicity, lobbying or
14 propaganda purposes designed to support or defeat legislation pending in the Congress of the United
15 States of America or the Legislature of the State of California.
16 SUBRECIPIENT shall not directly or indirectly use any of the funds under this Agreement for any
17 political activity or to further the election or defeat of any candidate for public office.
18 23. STATE ENERGY CONSERVATION
19 SUBRECIPIENTS must comply with the mandatory standard and policies relating to energy
20 efficiency which are contained in the State Energy Conservation Plan issued in compliance with 42
21 United States (US) Code sections 6321, et. Seq.
22 24. FRATERNIZATION
23 SUBRECIPIENT shall establish procedures addressing fraternization between
24 SUBRECIPIENT'S staff and clients. Such procedures will include provisions for informing
25 SUBRECIPIENT'S staff and clients regarding fraternization guidelines.
26 25. INTERPRETATION OF LAWS AND REGULATIONS
27 COUNTY reserves the right to make final interpretations or clarifications on issues relating to
28 Federal and State laws and regulations, to ensure compliance.
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1 26. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
2 SUBRECIPIENT, its officers, consultants, subrecipients, agents and employees shall comply
3 with all applicable State, Federal and local laws, regulations, and executive orders, as well as Federal
4 policies, procedures, and directives governing projects that utilize State and Federal Funds. This
5 includes laws, rules and regulations that pertain to construction, health and safety, labor, fair
6 employment practices, environmental protection, equal opportunity, fair housing, and all other matters
7 applicable or related to SUBRECIPIENT's services, the SUBRECIPIENT, its subrecipients, and all
8 eligible activities.
9 SUBRECIPIENT shall be responsible for obtaining all permits, licenses, and approvals
10 required for performing any activities under this Agreement, including those necessary to perform
11 design, implementation, operation, and maintenance of the activities. SUBRECIPIENT shall be
12 responsible for observing and complying with any applicable federal, state, and local laws, rules, and
13 regulations affecting any such work, specifically those including, but not limited to, environmental
14 protection, procurement, and safety laws, rules, regulations, and ordinances. SUBRECIPIENT shall
15 provide copies of permits and approvals to COUNTY upon request.
16 27. CHARITABLE CHOICE
17 SUBRECIPIENT may not discriminate in their program delivery against a client or potential
18 client on the basis of religion or religious belief, a refusal to hold a religious belief, or a refusal to
19 actively participate in a religious practice. Any specifically religious activity or service made available
20 to individuals by the SUBRECIPIENT must be voluntary as well as separate in time and location from
21 County funded activities and services. SUBRECIPIENT shall inform COUNTY as to whether they are
22 faith-based. If SUBRECIPIENT identifies as faith-based, they must submit to DSS a copy of their
23 policy on referring individuals to alternate services to SUBRECIPIENT and include a copy of this
24 policy in their client admission forms. The policy must inform individuals that they may be referred to
25 an alternative provider if they object to the religious nature of the program and include a notice to
26 DSS. Adherence to this policy will be monitored during annual site reviews, and a review of client files.
27 If SUBRECIPIENT identifies as faith-based, by July 1 of each year SUBRECIPIENT will be required to
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1 report to DSS the number of individuals who requested referrals to alternate providers based on
2 religious objection.
3 28. NO OBLIGATION BY FEDERAL GOVERNMENT
4 The Federal Government is not a party to this contract and is not subject to any obligations or
5 liabilities to the non-Federal entity, SUBRECIPIENT, or any other party pertaining to any matter resulting
6 from this Agreement.
7 29. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
8 SUBRECIPIENT acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False
9 Claims and Statements) applies to SUBRECIPIENT's actions pertaining to this contract.
10 30. RECORDS
11 A. Record Establishment and Maintenance
12 SUBRECIPIENT shall establish and maintain records in accordance with those
13 requirements prescribed by COUNTY, with respect to all matters covered by this Agreement.
14 SUBRECIPIENT shall retain all fiscal books, account records and client files for services performed
15 under this Agreement for at least five (5) years from date of final payment under this Agreement or until
16 all State and Federal audits are completed for that fiscal year, whichever is later.
17 B. Cost Documentation
18 1) SUBRECIPIENT shall submit to COUNTY within ten (10) calendar days
19 following the end of each month, all fiscal and program reports for that month. SUBRECIPIENT shall
20 also furnish to COUNTY such statements, records, data and information as COUNTY may request
21 pertaining to matters covered by this Agreement. In the event that SUBRECIPIENT fails to provide
22 reports as provided herein, it shall be deemed sufficient cause for COUNTY to withhold payments until
23 compliance is established.
24 2) All costs shall be supported by properly executed payrolls, time records,
25 invoices, vouchers, orders, or any other accounting documents pertaining in whole or in part to this
26 Agreement and they shall be clearly identified and readily accessible. The support documentation must
27 indicate the line budget account number to which the cost is charged.
28 3) COUNTY shall notify SUBRECIPIENT in writing within thirty (30) days of any
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1 potential State or Federal audit exception discovered during an examination. Where findings indicate
2 that program requirements are not being met and State or Federal participation in this program may be
3 imperiled in the event that corrections are not accomplished by SUBRECIPIENT within thirty (30) days
4 of receipt of such notice from COUNTY, written notification thereof shall constitute COUNTY'S intent to
5 terminate this Agreement.
6 C. Service Documentation
7 SUBRECIPIENT agrees to maintain records to verify services under this Agreement
8 including names and addresses of clients served, if applicable, and the dates of service and a
9 description of services provided on each occasion. These records and any other documents pertaining
10 in whole or in part to this Agreement shall be clearly identified and readily accessible.
11 31. PUBLIC RECORDS
12 The COUNTY is not limited in any manner with respect to its public disclosure of this
13 Agreement or any record or data that the SUBRECIPIENT may provide to the COUNTY. The
14 COUNTY's public disclosure of this Agreement or any record or data that the SUBRECIPIENT may
15 provide to the COUNTY may include but is not limited to the following:
16 A. The COUNTY may voluntarily, or upon request by any member of the public or
17 governmental agency, disclose this Agreement to the public or such governmental agency.
18 B. The COUNTY may voluntarily, or upon request by any member of the public or
19 governmental agency, disclose to the public or such governmental agency any record or data that the
20 SUBRECIPIENT may provide to the COUNTY, unless such disclosure is prohibited by court order.
21 C. This Agreement, and any record or data that the CONTRACTOR may provide to
22 the COUNTY, is subject to public disclosure under the Ralph M. Brown Act (California Government
23 Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
24 D. This Agreement, and any record or data that the SUBRECIPIENT may provide to
25 the COUNTY, is subject to public disclosure as a public record under the California Public Records Act
26 (California Government Code, Title 1, Division 7, Chapter 3.5, beginning with section 6250) ("CPRA").
27
28
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1 E. This Agreement, and any record or data that the SUBRECIPIENT may provide to
2 the COUNTY, is subject to public disclosure as information concerning the conduct of the people's
3 business of the State of California under California Constitution, Article 1, section 3, subdivision (b).
4 Any marking of confidentiality or restricted access upon or otherwise made with respect to any record or
5 data that the SUBRECIPIENT may provide to the COUNTY shall be disregarded and have no effect on
6 the COUNTY's right or duty to disclose to the public or governmental agency any such record or data.
7 32. SINGLE AUDIT CLAUSE
8 If SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more
9 in Federal and Federal flow-through monies annually, SUBRECIPIENT agrees to conduct an annual
10 audit in accordance with the requirements of the Single Audit Standards as set forth in Office of
11 Management and Budget (OMB) Title 2 of the Code of Federal Regulations Part 200. SUBRECIPIENT
12 shall submit said audit and management letter to COUNTY. The audit must include a statement of
13 findings or a statement that there were no findings. If there were negative findings, SUBRECIPIENT
14 must include a corrective action signed by an authorized individual. SUBRECIPIENT agrees to take
15 action to correct any material non-compliance or weakness found as a result of such audit. Such audit
16 shall be delivered to COUNTY's DSS, Administration, for review within nine (9) months of the end of any
17 fiscal year in which funds were expended and/or received for the program. Failure to perform the
18 requisite audit functions as required by this Agreement may result in COUNTY performing the necessary
19 audit tasks, or at COUNTY's option, contracting with a public accountant to perform said audit, or may
20 result in the inability of COUNTY to enter into future agreements with SUBRECIPIENT. All audit costs
21 related to this Agreement are the sole responsibility of SUBRECIPIENT.
22 A. A single audit report is not applicable if all SUBRECIPIENT's Federal contracts do
23 not exceed the Seven Hundred Fifty Thousand Dollars ($750,000) requirement or SUBRECIPIENT's
24 funding is through Drug related Medi-Cal. If a single audit is not applicable, a program audit must be
25 performed and a program audit report with management letter shall be submitted by SUBRECIPIENT to
26 COUNTY as a minimum requirement to attest to SUBRECIPIENT's solvency. Said audit report shall be
27 delivered to COUNTY's DSS, Administration, for review no later than nine (9) months after the close of
28 the fiscal year in which the funds supplied through this Agreement are expended. Failure to comply with
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1 this Act may result in COUNTY performing the necessary audit tasks or contracting with a qualified
2 accountant to perform said audit. All audit costs related to this Agreement are the sole responsibility of
3 SUBRECIPIENT who agrees to take corrective action to eliminate any material noncompliance or
4 weakness found as a result of such audit. Audit work performed by COUNTY under this paragraph shall
5 be billed to the SUBRECIPIENT at COUNTY cost, as determined by COUNTY's Auditor-
6 Controller/Treasurer-Tax Collector.
7 B. SUBRECIPIENT shall make available all records and accounts for inspection by
8 COUNTY, the State of California, if applicable, the Comptroller General of the United States, the Federal
9 Grantor Agency, or any of their duly authorized representatives, at all reasonable times for a period of at
10 least three (3) years following final payment under this Agreement or the closure of all other pending
11 matters, whichever is later.
12 33. AUDITS AND INSPECTIONS
13 The SUBRECIPIENT shall at any time during business hours, and as often as the COUNTY may
14 deem necessary, make available to the COUNTY for examination all of its records and data with respect
15 to the matters covered by this Agreement, excluding attorney-client privileged communications. The
16 SUBRECIPIENT shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of
17 such records and data necessary to ensure SUBRECIPIENT'S compliance with the terms of this
18 Agreement.
19 If this Agreement exceeds ten thousand dollars ($10,000.00), SUBRECIPIENT shall be subject
20 to the examination and audit of the Auditor General for a period of three (3) years after final payment
21 under contract (California Government Code Section 8546.7). This section survives the termination of
22 this Agreement.
23 In addition, SUBRECIPIENT shall cooperate and participate with COUNTY's fiscal review
24 process and comply with all final determinations rendered by the COUNTY's fiscal review process. If
25 COUNTY reaches an adverse decision regarding SUBRECIPIENT's services to consumers, it may
26 result in the disallowance of payment for services rendered; or in additional controls to the delivery of
27 services, or in the termination of this Agreement, at the discretion of COUNTY's DSS Director or
28 designee. If as a result of COUNTY's fiscal review process a disallowance is discovered due to
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1 SUBRECIPIENT's deficiency, SUBRECIPIENT shall be financially liable for the amount previously paid
2 by COUNTY to SUBRECIPIENT and this disallowance will be adjusted from SUBRECIPIENT's future
3 payments, at the discretion of COUNTY's DSS Director or designee. In addition, COUNTY shall have
4 the sole discretion in the determination of fiscal review outcomes, decisions, and actions.
5 34. CHILD SUPPORT COMPLIANCE ACT
6 If this Agreement includes State funding in excess of$100,000, the SUBRECIPIENT
7 acknowledges in accordance with Public Contract Code 7110, that:
8 A. SUBRECIPIENT recognizes the importance of child and family support
9 obligations and shall fully comply with all applicable state and federal laws relating to child and family
10 support enforcement, including, but not limited to, disclosure of information and compliance with
11 earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of
12 Division 9 of the Family Code; and
13 B. SUBRECIPIENT to the best of its knowledge is fully complying with the earnings
14 assignment orders of all employees and is providing the names of all new employees to the New Hire
15 Registry maintained by the California Employment Development Department.
16 35. PRIORITY HIRING CONSIDERATIONS
17 If this Agreement includes State funding and services in excess of$200,000, SUBRECIPIENT
18 shall give priority consideration in filling vacancies in positions funded by the Agreement to qualified
19 recipients of aid under Welfare and Institutions Code Section 11200, in accordance with Public Contract
20 Code Section 10353.
21 36. SUBRECIPIENT'S NAME CHANGE
22 An amendment, assignment, or new agreement is required to change the name of
23 SUBRECIPIENT as listed on this Agreement. Upon receipt of legal documentation of the name change
24 COUNTY will process the agreement. Payment of invoices presented with a new name cannot be paid
25 prior to approval of said agreement.
26 37. PROPERTY OF COUNTY
27 Any use of COUNTY funds provided under this Agreement, as specified in Exhibit B, for the
28 purchase of computer hardware, software, and printers must be approved by COUNTY prior to
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1 purchase and must meet COUNTY specifications. SUBRECIPIENT agrees to take reasonable and
2 prudent steps to ensure the security of any and all said hardware and software provided to it by
3 COUNTY under this Agreement, and to maintain replacement-value insurance coverages on said
4 hardware and software approved by COUNTY.
5 In addition, all purchases over Five Thousand and No/100 Dollars ($5,000.00) made during the
6 life of this Agreement shall be identified as fixed assets with an assigned COUNTY Accounting Inventory
7 Number. These fixed assets shall be retained by COUNTY, as COUNTY property, in the event this
8 Agreement is terminated or upon expiration of this Agreement. The SUBRECIPIENT agrees to
9 participate in an annual inventory of all COUNTY fixed assets and shall be physically present when fixed
10 assets are returned to COUNTY possession at the termination or expiration of this Agreement.
11 SUBRECIPIENT is responsible for returning to COUNTY all COUNTY owned fixed assets upon the
12 expiration or termination of this Agreement.
13 38. PUBLIC INFORMATION
14 SUBRECIPIENT shall disclose COUNTY as a funding source in all public information and
15 program materials developed in support of contracted services.
16 39. NOTICES
17 The persons and their addresses having authority to give and receive notices under this
18 Agreement include the following:
19 COUNTY SUBRECIPIENT
20 Director, County of Fresno Chief Operating Officer
21 Department of Social Services WestCare California, Inc.
22 205 W. Pontiac Way 1900 N. Gateway Blvd. Ste. 100
23 Clovis, CA 93612 Fresno, CA 93727
24 All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this
25 Agreement must be in writing and delivered either by personal service, by first-class United States mail, or
26 by an overnight commercial courier service, by telephonic facsimile transmission, or by Portable Document
27 Format (PDF) document attached to an email. A notice delivered by personal service is effective upon
28 service to the recipient. A notice delivered by first-class United States mail is effective three COUNTY
-20-
1 business days after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice
2 delivered by an overnight commercial courier service is effective one COUNTY business day after deposit
3 with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next
4 day delivery, addressed to the recipient. A notice delivered by telephonic facsimile transmission or by PDF
5 document attached to an email is effective when transmission to the recipient is completed (but, if such
6 transmission is completed outside of COUNTY's business hours, then such delivery is deemed to be
7 effective at the next beginning of a COUNTY business day), provided that the sender maintains a machine
8 record of the completed transmission. For all claims arising out of or related to this Agreement, nothing in
9 this section establishes, waives, or modifies any claims presentation requirements or procedures provided
10 by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government
11 Code, beginning with section 810).
12 40. CHANGE OF LEADERSHIP/MANAGEMENT
13 In the event of any change in the status of SUBRECIPIENT's leadership or management,
14 SUBRECIPIENT shall provide written notice to COUNTY within thirty (30) days from the date of change.
15 Such notification shall include any new leader or manager's name and address. "Leadership or
16 management" shall include any employee, member, or owner of SUBRECIPIENT who either a) directs
17 individuals providing services pursuant to this Agreement, b) exercises control over the manner in which
18 services are provided, or c) has authority over SUBRECIPIENT's finances.
19 41. NO THIRD PARY BENEFICIARIES
20 This Agreement does not and is not intended to create any rights or obligations for any person or
21 entity except for the parties.
22 42. AUTHORIZED SIGNATURE
23 SUBRECIPIENT represents and warrants to COUNTY that:
24 (A) SUBRECIPIENT is duly authorized and empowered to sign and perform its obligations
25 under this Agreement.
26 (B) The individual signing this Agreement on behalf of SUBRECIPIENT is duly authorized to
27 do so and his or her signature on this Agreement legally binds SUBRECIPIENT to the terms of this
28 Agreement.
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1 43. ELECTRONIC SIGNATURE
2 The parties agree that this Agreement may be executed by electronic signature as provided in
3 this section. An "electronic signature" means any symbol or process intended by an individual signing
4 this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
5 version of an original handwritten signature; or (3) an electronically scanned and transmitted (for
6 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to
7 this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing
8 this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or
9 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of
10 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
11 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
12 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
13 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
14 through (5), and agrees that each other party may rely upon that representation. This Agreement is not
15 conditioned upon the parties conducting the transactions under it by electronic means and either party
16 may sign this Agreement with an original handwritten signature.
17 44. COUNTERPARTS
18 This Agreement may be signed in counterparts, each of which is an original, and all of which
19 together constitute this Agreement.
20 45. GOVERNING LAW, JURISDICTION, AND VENUE
21 The laws of the State of California govern all matters arising from or related to this Agreement.
22 This Agreement is signed and performed in Fresno County, California. SUBRECIPIENT consents to
23 California jurisdiction for actions arising from or related to this Agreement, and, subject to the
24 Government Claims Act, all such actions must be brought and maintained in Fresno County.
25 46. NO WAIVER
26 Payment, waiver, or discharge by COUNTY of any liability or obligation of SUBRECIPIENT
27 under this Agreement on any one or more occasions is not a waiver of performance of any continuing or
28 other obligation of SUBRECIPIENT and does not prohibit enforcement by COUNTY of any obligation on
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1 any other occasion.
2 47. DISPUTES
3 In the event of any dispute, claim, question, or disagreement arising from or relating to this
4 agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute,
5 claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good
6 faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to
7 both parties. During this time, the parties will continue meeting their contract responsibilities. If the
8 parties do not reach such solution within a period of 60 days, then the parties may take whatever action
9 is available to them by law.
10 48. SEVERABILITY
11 If anything in this Agreement is found by a court of competent jurisdiction to be unlawful or
12 otherwise unenforceable, the balance of this Agreement remains in effect, and the parties shall make
13 best efforts to replace the unlawful or unenforceable part of this Agreement with lawful and enforceable
14 terms intended to accomplish the parties' original intent.
15 49. CONSTRUCTION
16 The final form of this Agreement is the result of the parties' combined efforts. If anything in this
17 Agreement is found by a court of competent jurisdiction to be ambiguous, that ambiguity shall not be
18 resolved by construing the terms of this Agreement against either party.
19 50. DAYS
20 Unless otherwise specified, "days" means calendar days.
21 51. ENTIRE AGREEMENT
22 This Agreement, including its exhibits, constitutes the entire agreement between the
23 SUBRECIPIENT and COUNTY with respect to the subject matter hereof and supersedes all previous
24 negotiations, proposals, commitments, writings, advertisements, publications, and understanding of any
25 nature whatsoever unless expressly included in this Agreement. If there is any inconsistency between
26 the terms of this Agreement without its exhibits and the terms of the exhibits, then the inconsistency will
27 be resolved by giving precedence first to the terms of this Agreement without its exhibits, and then to the
28 terms of the exhibits.
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I The parties are executing this Agreement on the date stated in the introductory clause.
2 SUBRECIPIENT: COUNTY OF FRESNO:
3
4 WESTCARE CALIFORNIA, INC.
5 By: v 1 1 _
6 t I Q i ero, hairman of the
B o rvisors of the County of Fresno
7 Print Name:��1nn►�� ,t�dv�lr I n�
8 Title: C'CCU
Chairman of the Board, or
9 President, or any Vice President
10 `'�`S °'"`l� �v �-4v� ow.#�nd�rhJ ATTEST:
Bernice E. Seidel
11 Clerk of the Board of Supervisors
County of Fresno, State of California
12 By: L
u.c A,C-
13 ,
Print °ame: W By:_
14 � Deputy
15 Title: �,��£i �Q_�'t? ��.
Secret ry (of Corporation), or�-
16 any Assistant Secretary, or
Chief Financial Officer, or
17 any Assistant Treasurer
18
19 Mailing Address:
20 1900 N. Gateway Blvd. Ste. 100
Fresno, CA 93727
21 Contact: Chief Operating Officer
Phone No: 559-251-4800
22
23 FOR ACCOUNTING USE ONLY:
Fund/Subclass: 0001/10000
24 ORG No.: 56107001
Account No.: 7870
25
26 SB:jw
27
28
-24-
Exhibit A
Page 1 of 10
SUMMARY OF SERVICES
Organization: WestCare California, Inc.
Address: P.O.Box 12107 Fresno, CA 93776
Telephone: (559) 251-4800
Contact: Shawn Jenkins, Senior Vice President
Email: Shawn.Jenkins@WestCare.com
Contract: Housing and Disability Advocacy Program
1. Summary of Services
The Housing and Disability Advocacy Program (HDAP) assists disabled individuals who are experiencing
homelessness with applying for disability benefit programs, while also providing housing assistance for
them and their household. WestCare, California Inc. (WestCare) shall provide HDAP services, including
but not limited to: disability income benefits advocacy; housing-based case management; outreach;
intake and assessment; care coordination for physical and mental health services; client transportation;
post-exit follow-up client contacts; ensure clients receive financial assistance for temporary housing,
permanent housing, utilities, storage, limited household expenses, and client-caused damages; and refer
clients to other supportive services (e.g. legal aid, substance abuse counseling).
The services provided shall adhere to relevant requirements associated with the program's funding
sources, including:
• Adhering to Housing First principles as described in the California Welfare & Institutions Code
(W&IC) section 8255.
• Following the requirements within the Housing and Disability Advocacy Program legislation
(W&IC sections 18999 et seq.) and guidance provided via California Department of Social
Services (CDSS)All County Letters.
• Should the County use HUD-ESG or other grant funds in this agreement, the County will notify
WestCare prior to the use of funds, and WestCare will be required to adhere to the requirements
of the funds.
WestCare shall ensure HDAP staff are informed of all relevant program requirements, staff maintain
documentation of meeting regulatory requirements, and that reimbursement is requested for only eligible
expenses and services.
Changes to the State HDAP regulations that do not have impacts on staffing expenses or require an
increase in maximum compensation shall be incorporated into WestCare's HDAP service delivery
practices within a timeframe mutually acceptable to both WestCare and the County's Department of
Social Services (DSS).
2. TARGET POPULATION
The highest priority shall be given to (1) chronically homeless households or (2) households
with a disabled individual who are homeless and rely most heavily on government-funded
services. WestCare and the County's Department of Social Services (DSS) shall periodically
assess the local need and work in collaboration with the Fresno Madera Continuum of Care
(FMCoC) Coordinated Entry System to ensure clients with the highest needs are given the
Exhibit A
Page 2 of 10
highest priority and are able to access HDAP services. WestCare and DSS shall mutually
develop a prioritization process to use when admitting prospective clients into HDAP.
Eligible subpopulations that may be targeted for outreach include, but are not limited to,
homeless individuals or families with disabilities who are: General Relief applicants or
recipients; CaIWORKs recipients; CalFresh recipients; low-income veterans; or low-income
individuals who had experienced homelessness prior to entering an institution, who are being
discharged or can be diverted from jail, prison, the hospital, a long-term care facility, or a
rehabilitation facility.
3. STAFFING LEVELS
WestCare shall provide sufficient staff to achieve the program outcomes and resolve
staffing vacancies in a timely manner. Staff shall be trained on program requirements,
HMIS, and how to employ evidence-based practices for client engagement, including
but not limited to: motivational interviewing, trauma-informed care, and client-centered
case planning.
The current staffing pattern is: Advocate (3.0 FTE), Case Manager (5.0 FTE), Director
of Housing (.15 FTE), Program Manager (1.0 FTE), Q.C. Manager (1.0 FTE). These
FTE may be adjusted by mutual agreement, with prior approval of the County, based on
the needs of the program.
4. CORE HDAP SERVICES
A. Alterations to Business Practices Described in This Section
By mutual agreement and with prior approval of the County, WestCare and DSS may adjust any business
practice described in this Core HDAP Services section based on program need, so long as the revised
policies do not conflict with State requirements or obligations to Federal funding sources. No change in
business practice made in accordance with this subsection shall entitle WestCare to additional
compensation, unless ratified through an Amendment to this Agreement.
B. Collaborate & Communicate with DSS, FMCoC, & Community Partners
WestCare shall create and/or maintain partnerships within the FMCoC and with other community partners
to ensure HDAP participants have access to a broad range of supportive services enabling long-term
housing stability and access to supports for mental and physical health.
WestCare shall acknowledge and respond to inquiries from DSS or client landlords within two business
days. WestCare should acknowledge and respond to inquiries relating to HDAP participants from other
FMCoC community partners within three business days. This does not obligate WestCare to identify a
solution or produce a report within these timeframes, but communication should be frequent and
responsive until each individual matter is resolved.
C. Verify Minimum Client Eligibility Requirements
WestCare shall verify and document that households accepted for HDAP services shall have at least one
individual who satisfies all four conditions below.
Exhibit A
Page 3 of 10
1. The person is unable to engage in any substantial gainful activity because of a medically
determinable physical or mental impairment that is expected to result in death, or that has lasted
or is expected to last for a continuous period of at least 12 months. Guidance on substantial
gainful activity and examples of physical and mental impairments are contained in the Social
Security Administration's Blue Book.
2. The person is not receiving any disability benefits (most common), is not receiving the full
disability benefits for which the person is entitled or is at risk of losing existing disability benefits
due to difficulties in completing the disability redetermination process.
3. The person has been verified to be chronically homeless or homeless, as defined by HUD in 24
CFR section 91.5, or is about to be exited from an institution into homelessness.
4. The person's household meets the low-income criteria under HUD definitions for the fiscal year in
which the person was assessed.
D. Outreach
WestCare shall employ active outreach practices, including establishing and utilizing partnerships with
local homeless outreach teams to seek out and engage with vulnerable individuals experiencing
homelessness in the community, focusing on those individuals with the severest needs. Outreach
activities may be conducted by HDAP staff or may be achieved through collaboration with other
community-based organizations. In addition to identifying HDAP clients in unserved homeless
populations, WestCare may also analyze data describing known homeless individuals and invite clients
into the program based on severity of need. Outreach to HDAP-eligible populations is a required
component of HDAP and WestCare must ensure and document its occurrence.
E. Referral, Intake, Assessment, & Prioritization
WestCare shall accept referrals for HDAP from the Fresno Madera Continuum of Care (FMCoC)
Coordinated Entry System (CES). Both the referring entity and the prospective client will be
contacted by WestCare within 3 business days and assessment of the prospective client shall
occur within 5 business days (unless the client is incapacitated by injury or incarceration, or
requests a later assessment date).
If WestCare staff have difficulty connecting with the referred client, staff shall promptly inform
the referring entity of the difficulty and enlist FMCoC resources to connect with the referred
client. Once connected, WestCare shall obtain or perform assessments to determine and
prioritize the client's suitability for HDAP services. Assessments may include, but are not limited
to: the VI-SPDAT, the full SPDAT, and SAMHSA's SOAR criteria. No single assessment score
shall be utilized to determine acceptance into HDAP.
Instead, WestCare and DSS shall jointly create and adopt a program rubric to standardize the
prioritization process for accepting clients into the program. Factors for consideration shall
include, but are not limited to: assessment scores, duration of homelessness, income, severity
of medical issues, diagnosis of fatal condition, age, and client's ability to self-resolve issues.
Referrals for clients who do not meet the four minimum eligibility criteria shall be considered
denied. Referrals for assessed clients who meet the four minimum eligibility criteria, but who are
not accepted into HDAP due to prioritization or insufficient program capacity, shall be
considered deferred and the client shall be placed on a waiting list. The list shall be ranked by
severity of need, not assessment date. Clients exited due to loss of contact or institutionalization
Exhibit A
Page 4 of 10
shall be placed at the top of the waiting list. The waiting list may be purged of clients with
assessment dates (referred clients) or last-contact dates (exited clients) older than two years.
WestCare shall document all denial and deferral reasons for clients not admitted into HDAP and
reconnect the clients back to the appropriate person within the CES. All clients not accepted into
HDAP shall be informed of their status and options both verbally and in writing.
In accordance with Housing First principles, WestCare shall ensure HDAP participants may
enter the program with their possessions, partners, and pets. WestCare staff shall adhere to all
components of the Housing First principles referenced on the first page of this document.
WestCare shall ensure clients prioritized into HDAP meet the income requirements for the
program funding their housing assistance. Housing assistance funds may include ESG which
require the recipient to meet 30% and 50% of the Area Median Income, in accordance with their
program regulations referenced on the first page of this document.
F. Disability Income Advocacy
Responsibilities of Disability Income Advocates
WestCare Disability Income Advocates shall develop an Individualized Service Plan for each
client and assist the client in applying for the following programs or income sources, as
appropriate to each client's situation:
• Supplemental Security Income (SSI) / State Supplementary Program for the Aged, Blind,
and Disabled (SSP)
• Federal Social Security Disability Insurance (SSDI)
• Cash Assistance Program for Immigrants (CAPI)
• Veterans' Benefits (in conjunction with a Veterans Affairs accredited representative)
• Medi-Cal, CalFresh, General Relief, or other assistance programs
• Retirement and survivors' benefits
• Any other Federal or State benefits programs not identified above that an individual may
be eligible to receive.
Disability income advocacy includes completion of the entire disability benefit application.
Advocacy services shall include, but are not limited to:
• Obtaining all relevant documentation from hospitals, medical centers, county offices,
physicians, clinics, employers, case managers, and others to meet the necessary
burden of proof for a client's disability or eligibility for income.
• Including a summary of findings that points specifically to the evidence in the medical
records, as well as other supporting materials.
• Developing and filing completely prepared documents for applications, appeals,
reconsiderations, reinstatements, and recertifications.
• Coordinating with Federal, State, and County offices for pending applications, appeals,
reconsiderations, reinstatements, and recertifications.
• Advocating on behalf of the HDAP participants.
• Using the SSI/SSDI Outreach, Access, and Recovery (SOAR) model, or a model that
includes SOAR-like principles to complete applications.
Exhibit A
Page 5 of 10
• Ensuring that disability applications are submitted with as much evidence as possible so
that the applicant has the best chance of being awarded at the initial application phase
and avoids a long wait time for an appeal hearing.\
• Continuing services until a final decision has been made on a client's disability claim. If a
claim is denied, the Advocate shall continue with the reconsideration and appeals
process.
• Working closely with other HDAP Team members and DSS partner agencies to provide
a smooth and consistent experience for the client.
Consistent with State guidance, WestCare shall continue to pursue an open line of
communication with the local Social Security Administration (SSA) offices with the goal of
securing a dedicated SSA Analyst to process applications for homeless clients.
Administrative Law Judge (ALJ) Stage
When clients reach the ALJ stage of the disability benefits application, the Disability Income
Advocate may connect the client with qualified legal representation provided by experienced
disability benefit attorneys (at no cost to the HDAP participant).
WestCare and DSS shall develop connections and resources in the community for clients
needing support at the ALJ stage. Use of HDAP funds for a client's disability legal aid is
permissible.
Quality Assurance Review
In accordance with State guidance, WestCare shall ensure all applications completed by an
Advocate receive a secondary review from a different staff member prior to submission, to
ensure quality and completeness.
G. Housing-Based Case Management
Responsibilities of Housing-Based Case Managers
Housing-based case management is a required component of HDAP. Housing services shall be
available to participants for the entire length of program enrollment, from date of program entry
to date of exit. WestCare Housing-Based Case Managers shall ensure all clients who desire to
be housed are housed and shall ensure each client stabilizes their housing situation and is able
to maintain the obligations of tenancy.
Upon entry to HDAP, participants shall be assigned to a Housing-Based Case Manager who will
immediately help the client secure temporary housing and arrange for transportation of the client
and their possessions to the temporary facility. Within 30 days, the Housing-Based Case
Manager shall work with the client to create an Individualized Service Plan consistent with the
Housing First philosophy and following evidence-based practices. The plan shall include both
short-term and long-term goals and should be considered a living document with updates made
as the client makes progress. Short term goals for the client should be achievable in 1-2 weeks.
All services shall be offered on a voluntary basis and not contingent upon participation in
services.
Exhibit A
Page 6 of 10
Case management shall include providing access to wraparound services for individual clients
and their households to ensure their successful transition to independent living (or entry into a
Permanent Supportive Housing program). It shall also include arranging, coordinating,
monitoring, and delivering services necessary to meet the client's housing needs and attain
housing stability.
Once a client is housed, the Housing-Based Case Manager shall work with the client to maintain
their residence and increase stability in their economic situation, social abilities, mental health,
and physical health. This may include linkages to programs for literacy, vocational training,
education (GED, community college), and job readiness skills (interpersonal and interview skills,
resume preparation, job search assistance). The Housing-Based Case Manager shall also
provide life skills coaching in the areas of interpersonal communication, conflict resolution,
money management, hygiene, meal preparation, nutrition, and other skills necessary for client
stability.
Housing Navigation
WestCare shall provide HDAP participants with housing navigation assistance to support them
in finding safe and decent housing that is affordable and sustainable long-term. This obligation
may be fulfilled by HDAP staff or through a partnership with a partner agency or with other
WestCare staff. At all times, the Housing-Based Case Manager must be aware of the client's
housing situation and progress through the housing navigation process. The Case Manager
shall take appropriate and timely actions to ensure a smooth, timely, and successful housing
experience for the client.
Temporary Housing
Use of motels for emergency shelter is to occur only when no other shelter is available or
appropriate. WestCare shall utilize temporary housing resources such as Triage, Bridge, and
recuperative care facilities.
Permanent Housing
WestCare shall utilize a variety of appropriate permanent housing solutions to ensure client
stability, including but not limited to: Permanent Supportive Housing, independent living
facilities, board and care facilities, individual apartments, master leasing, other shared housing,
and reunification with family or friends. HDAP funds may be used to modify units to
accommodate accessibility needs and make the units ADA compliant, with prior approval of
DSS.
Housing Affordability & Sustainability
The goal for clients is obtaining permanent housing that becomes and remains sustainable for a
minimum of 24 months after program exit. The HDAP Case Manager shall ensure that all HDAP
clients are placed in permanent housing situations that are appropriate for the client's ability to
provide self-care and will be financially sustainable following the client's receipt of disability
income benefits.
H. Managing Financial Assistance for Housing
WestCare staff shall work with DSS and DSS partner agencies to coordinate, identify, and
provide housing for all HDAP participants from day of program entry to date of exit. Funding for
Exhibit A
Page 7 of 10
housing will be provided through this agreement or DSS partner arrangements. WestCare may
be requested to provide rental assistance payments to landlords and seek reimbursement from
DSS or DSS partner agencies.
Financial assistance for housing must be spent in accordance with the applicable regulations
and contractual obligations for the funding source being utilized. Accurate documentation of
expenditures is expected and WestCare shall ensure costs incurred are non-duplicative,
reasonable, allowable, and necessary. Allowable expenditures may vary by funding source, but
generally include: rent, rental deposits, utilities, utility deposits, and storage. HDAP funding may
be used for limited household furniture and expenses, as well as client-caused damages in
excess of the client's deposit.
It is understood by WestCare and DSS that use of HDAP funds for motel vouchers is permitted,
but use of motel bed nights shall be limited to extreme circumstances (including medical
reasons), justified in writing, and not last longer than necessary.
L Landlord Mitigation & Tenant Disputes
WestCare staff shall engage landlords and clients to resolve landlord/client disputes, making
use of mitigation funds as needed for negligence or damages not covered by the client's
deposit. Housing-based case management shall then intensify and identify sufficient supports to
assist the client in adhering to lease requirements without further cause to use mitigation funds.
All efforts shall be made to keep the client housed prior to changing the client's permanent
housing placement. WestCare staff shall support clients' acquisition of cohabitation skills.
J. Care Coordination &Access to Appropriate Physical and Mental
Health Services
WestCare staff shall ensure HDAP participants have timely and meaningful access to
appropriate physical and mental health services. If clients are not connected to the necessary
health care providers, HDAP staff will encourage the client to seek treatment for their condition
and will assist the client in selecting an appropriate provider. WestCare staff shall ensure all
clients are assisted with transportation to appointments, daily living skills development, and
motivational encouragement to participate in treatment. WestCare staff shall work together to
share knowledge of each client's needs, strategize supports and interventions, and provide
supportive services.
Consistent with case management best practices, WestCare staff shall meet weekly to briefly
discuss the status of each HDAP client, including the client's housing situation, mental and
physical health status, and progress towards identified goals. Clients with no week-to-week
progress should be identified and offered additional supportive services.
K. Client Transportation
WestCare staff shall ensure clients have appropriate transportation to medical appointments,
food, laundry facilities, and other relevant locations pertaining to achieving disability income and
housing stability. WestCare staff shall consider the client's ability, resources, and the
importance of the appointment when determining whether the client may be provided bus token
or whether additional transportation assistance is needed.
L. Transition Planning
Exhibit A
Page 8 of 10
HDAP staff shall begin transition planning for clients upon their entry into HDAP, adjusting the
transition plan as the client progresses through the program. Supportive services needed for the
client to live as independently as possible should be put in place quickly. As soon as HDAP staff
determine a disability income application is likely to receive a final denial, the staff shall begin
preparing the client to exit the program and update the transition plan accordingly. Transition
plan components may include, but are not limited to: connecting the client with a different
housing program and referring the client for workforce development services to potentially gain
income through employment. Clients who independently decide not to pursue their application
for disability benefits shall also receive assistance in preparing a transition plan.
M. Supportive Services Following Acquisition of Disability Benefits
WestCare shall provide clients approved for benefits with case management, appropriate
housing financial assistance, linkages, and access to all HDAP program resources until they are
exited from the program. Clients with benefits shall not be exited from the program until they are
in sustainable permanent housing and have demonstrated their ability to independently maintain
housing for several months. WestCare and DSS shall jointly develop additional uniform
guidelines for services provided after the acquisition of disability income benefits.
N. Post-Exit Follow-Up Client Contacts
WestCare shall inform clients prior to exit that they will be contacted at 6 and 12 months after
exit for several follow-up questions about their current housing status. Unless subsequently
absolved of this responsibility by a future statewide solution to collecting post-exit client data,
WestCare staff shall be responsible for attempting contact through both phone and in-person
visits and reporting the results to DSS upon request.
5. CLIENT COMPLAINTS
WestCare shall have a formal process for HDAP clients to make written complaints about HDAP
services provided by WestCare or DSS partner agencies. WestCare staff may assist the client
in writing their complaint upon client request. Records of complaints and resolutions shall be
maintained and shall be open to review by the DSS Analyst.
6. EXITING CLIENTS
Although there is a maximum length of time a client can receive certain Federal funds for
housing, there is no maximum length of time clients may participate in HDAP.
• With Disability Benefits & Stable Housing: Clients may be exited from HDAP once they
have demonstrated the ability to maintain payments for housing, utilities, and food; the
client is able to independently access mental and physical health care services or has
been connected with a service provider to facilitate access; and the HDAP team is
confident the client should be able to maintain their housing for a minimum of 24 months
post-exit.
Exhibit A
Page 9 of 10
• Without Benefits (ALJ Denial): Clients who receive a final denial at the ALJ stage shall
be exited from HDAP, ideally to another housing program, within 90 days. If clients
cannot transition to another housing program, they shall be referred to Coordinated
Entry.
• To Other Homeless Programs: Clients may be exited immediately to other homeless
services programs at the request of the client.
• Exit by Client Choice: Clients may choose to stop participating in HDAP at any time; the
official exit should occur after one month following the client's request and after offers to
reenter the program have been made.
• Disengaged & Missing: Clients who cannot be located or contacted for a period in
excess of 6 weeks may be exited from the program. These exited clients shall be placed
at the top of the program's waitlist using the last date of contact and may receive priority
re-engagement in services if they resurface within two years.
• Extreme Behavior. Clients who repeatedly endanger HDAP staff may be exited from
HDAP if no alternative solutions (including telephone-only visits) or supportive services
can be put in place to ensure the safety of staff. All efforts should be made to resolve
concerns with client safety, including connecting the client with intensive mental health
supports.
• Long-Term Incarceration or Hospitalization: Clients who have entered an institution and
who are expected to remain there in excess of 90 days may be exited from HDAP.
HDAP team shall follow best practices with regards to the client's possessions. Similar to
disengaged and missing clients, clients exited for this reason shall be placed on the
waitlist and may receive priority re-engagement if they return within two years.
7. DATA COLLECTION, SERVICE DOCUMENTATION, & REPORTING
WestCare shall maintain complete and accurate documentation of client data, service dates,
services provided, and program expenses. One or more HDAP staff shall be assigned the duty
of ensuring compliance with this program requirement. WestCare shall provide complete and
accurate monthly activity reports to DSS, in a report format approved by DSS, by no later than
the 15th of each month. WestCare shall provide additional reports, in formats approved by DSS,
relating to State reporting requirements and DSS Analyst inquiries on an as-needed basis. All
reports and financial reimbursement requests presented to DSS shall be reviewed for accuracy
prior to submission.
8. TRANSITION ASSISTANCE
In the event that WestCare may end their involvement in HDAP, WestCare staff shall work with
DSS and DSS partner agencies to ensure a smooth transition of clients, their records, and data
relevant to State reporting requirements.
Exhibit A
Page 10 of 10
9. SUBRECIPIENT RESPONSIBILITIES
• Provide services as described above.
• Achieve and maintain an active caseload of at least 75 HDAP households.
• WestCare shall provide annual Civil Rights training to their staff in the beginning of every
calendar year and will provide relevant proof to the County of Fresno by April 1.
• Ensure that mental health and substance abuse treatment resources WestCare provides
through other programs are available to eligible HDAP clients and ensure that clients are
actively linked to appropriate supportive services.
• Track all disability benefits application data in the SOAR Online Application Tracking
(OAT) database, or another data application approved by DSS.
• Enter all clients approved for HDAP into the FMCoC Homeless Management Information
System (HMIS) project for HDAP.
• Ensure all required data is entered timely into the system(s) of record.
• Work with DSS to modify data entry practices, reports, business processes, or other
program components as requested.
• Meet regularly with DSS and DSS partner agencies.
10. OUTCOMES
WestCare shall meet the outcomes below. These outcomes may be adjusted by DSS.
• At least 60% of clients who entered the program shall enter permanent housing within 60
days of program entry.
■ Of those not placed in permanent housing within 60 days, 75% will be
placed in permanent housing within 90 days of program entry.
• At least 50% of people who exit the program successfully will remain housed for at least
6 months following their exit from the program.
• At least 50% of individuals who entered the program shall have their SSI or CAPI
application submitted within 100 days of program entry.
• A minimum of 15 unique individuals per fiscal year will be newly approved for disability
benefits.
• A minimum of 4 unique individuals per fiscal year will be newly approved for disability
benefits upon submission of the initial application.
Exhibit B
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BUDGET SUMMARY
ORGANIZATION: WestCare California, Inc.
SERVICES: Housing & Disability Advocacy Program
BUDGET TERMS: December 12, 2023 to June 30, 2025
July 1, 2025 to June 30, 2026 (Optional)
CONTRACT AMOUNTS: $ 4,696,879 MAXIMUM COMPENSATION
$ 2,878,732 December 12, 2023 —June 30,
2025,
$ 1,818,147 July 01, 2025 —June 30, 2026
ELIGIBLE EXPENSES FOR DECEMBER 12, 2023, to
JUNE 30, 2025
Housing Assistance AMOUNT
Emergency Shelter Motel Vouchers
Rapid Rehousing Financial Assistance
Rental Assistance
Security Deposits
Utility Assistance
Utility Deposits
Moving Costs
Storage Costs
Household Supplies & Furniture
Landlord Mitigation
$1,421,194
Staffing& Office Expenses
Disability Benefits Advocacy
Housing-Based Case Management
Direct Office Expenses
$1,269,210
Indirect Cost $ 188,328
TOTAL MAXIMUM COMPENSATION FOR TERM $ 2,878,732
Exhibit B
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ELIGIBLE EXPENSES FOR JULY 1, 2025 to
JUNE 30, 2026
Housing Assistance AMOUNT
Emergency Shelter Motel Vouchers
Rapid Rehousing Financial Assistance
Rental Assistance
Security Deposits
Utility Assistance
Utility Deposits
Moving Costs
Storage Costs
Household Supplies & Furniture
Landlord Mitigation
$ 897,596
Staffing& Office Expenses
Disability Benefits Advocacy
Housing-Based Case Management
Direct Office Expenses
$ 801,606
Indirect Costs $ 118,945
TOTAL MAXIMUM COMPENSATION FOR TERM $ 1,818,147