HomeMy WebLinkAboutAgreement A-23-093 with the CDA.pdf Agreement No. 23-093
STATE OF CALIFORNIA—DEPARTMENT OF GENERAL SERVICES SCO ID:4170-AT222310
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable)
STD 213(Rev.04/2020) AT-2223-10
1.This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
California Department of Aging
CONTRACTOR NAME
County of Fresno
2.The term of this Agreement is:
START DATE
10/01/2022
THROUGH END DATE
12/31/2024
3.The maximum amount of this Agreement is:
$1,056,745 One million fifty-six thousand seven hundred forty-five and 00/100 dollars
4.The parties agree to comply with the terms and conditions of the following exhibits,which are by this reference made a part of the Agreement.
Exhibits Title Pages
Exhibit A Scope of Work 3
Exhibit A, 3
Attachment 1 Grant Proposal
Exhibit B Budget Detail and Payment Provisions 3
Exhibit B,
Contractor's Detailed Budget 6
Attachment 1
Exhibit C General Terms&Conditions 8
IN WITNESS WHEREOF THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME(if otherthan an individual,state whether a corporation,partnership,etc.)
County of Fresno
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
205 West Pontiac Way, Building 2 Clovis CA 93612
PRINTED NAME OF PERSON SIGNING TITLE
Sal Quintero Chairman of the Board of Supervisors of the County of Fresno
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
• a as 3
STATE OF CALIFORNIA
CONTRTrTINGAGENCYNAME
California Department of Aging
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2880 Gateway Oaks Drive,Suite 200 Sacramento CA 95833
PRINTED NAME OF PERSON SIGNING TITLE
Nate Gillen Chief,Business Management Bureau
CONTRACTING AGENCY A �RIZEDATURE DATE SIGNED
CALIFORNIA DEPARTMENT OFGENE LSERVICESAPPROVAL EXEMPTION(I Applicable)
SCM Vol.1,4.04 AA
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno,State of California
By Deputy
Agreement with California Department of Aging: Access to Technology (FY22-23 through FY23-
24)
County of Fresno
Fund/Subclass: 0001/10000
Organization: 5610 7001
Account/Program: 3575
California Department of Aging Fresno County
Access to Technology Grant Agreement Number: AT-2223-10
This page is left blank intentionally.
California Department of Aging Fresno County
Access to Technology Grant Agreement Number: AT-2223-10
EXHIBIT A
SCOPE OF WORK
1. GRANT AGREEMENT PARTIES:
A. County of Fresno, hereafter referred to as Grantee, and the California Department of
Aging (referred to as CDA, or Grantor, or the State) (each a Party, and collectively the
Parties) enter into this agreement (Agreement)to provide services under the Access to
Technology (ATT) Program administered by the California Department of Aging as
detailed pursuant to the terms and conditions of this Agreement below.
2. GRANT PERFORMANCE PERIOD:
A. All work performed must be completed during the grant performance period from
October 1, 2022 through December 31, 2024. No expenditure reports for work
completed after December 31, 2024 will be paid.
3. GRANT AGREEMENT MANAGERS:
A. The Grant Agreement Managers during the term of this Agreement shall be:
State: Department of Aging Grantee: County of Fresno
Section/Unit: Home and Community Living Section/Unit: Department of Social Services
Attention: Brian T. Carter Attention: Peter Vue
Contract Manager Program Manager
Address: 2880 Gateway Oaks Drive, Ste Address: 205 West Pontiac Way, Building 2
200 Clovis, CA 93612
Sacramento, CA 95833
Phone: (916) 928-4669 Phone: 559-600-3230
Email: brian.carter@aging.ca.gov Email: pvue@fresnocountyca.gov
Either Party may make changes to the contact names or information above by giving written
notice to the other Party. Said changes shall not require an amendment to this Agreement.
4. BACKGROUND
Governor Newsom issued Executive Order(EO) N-73-20 to improve broadband speed and
access in California, including improving download speeds for all Californians and to bridge
the digital divide for two million Californians who lack broadband access. The EO specifies
older adults as a priority population, particularly during the COVID-19 pandemic, as older
adults are more vulnerable to COVID-19, are continuing to shelter in-place and may be
experiencing reduced interactions with other people and their communities. This has led to
increased risks of loneliness and isolation for older adults with potentially negative outcomes
to mental and physical health. The EO is also in alignment with goal three of Governor's
Newsom's Master Plan on Aging that prioritizes addressing the digital divide that directly
impacts older adults.
In 2021, the Governor signed Assembly Bill (AB) 135 into law, which added Welfare &
Institutions Code (WIC) section 9104, which required the California Department of Aging
(CDA) to create the Access to Technology (ATT) program. This ATT program provides all
Directors of County Human Services departments with the opportunity to apply for grant
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California Department of Aging Fresno County
Access to Technology Grant Agreement Number: AT-2223-10
funding provided by the CDA for the administration of services and supports in alignment
with the Centers for Medicare & Medicaid Services (CMS) Home and Community Based
Services (HCBS) spending plan. The ATT program is a 27-month program (October 1, 2022
- December 31, 2024) to meet the needs of diverse older adults and adults with disabilities
to connect older adults and adults with disabilities to technology to help reduce isolation,
increase connections, and enhance self-confidence. Grant funds appropriated for this pilot
program are non-competitive and will be provided to all county human services departments
(hereinafter known as "grantee") that opt to participate.
5. CONTRACTOR RESPONSIBILITIES:
A. Allowable uses of funds awarded to grantees that receive grant funding through this
program include, but are not limited to the following:
1. Purchase and provision of technology, which may include, but is not limited to,
laptops, tablets, and smartphones, to older adults and adults with disabilities.
2. Arranging for reliable internet access (via service plans)to older adults and
adults with disabilities.
3. Broadband infrastructure improvements (telecommunications equipment,
technologies, routers, fiber optic lines, etc.)
4. Developing or arranging for education and training of older adults and adults with
disabilities on the use of technology.
5. Conducting outreach about the program.
6. Administration of the program, including data collection and reporting (not to
exceed 10% of the total grant award).
B. To carry out the responsibilities of this Agreement, Grantee should leverage existing
programs that provide one or more of the services listed under section (A) above, if
applicable, with the intent to provide maximum benefit to the greatest number of
residents. If no existing Grantee programs provide one or more of the services listed
under section (A) above, Grantee shall leverage its existing programs that is not
providing one or more of the services listed under section (A) above, with the intent of
providing maximum benefit to the greatest number of residents.
C. Grantee shall ensure recipients of this program meeting the following eligibility criteria:
1. Older adults (60 years of age and older) and adults with disabilities.
D. Grantee shall develop and administer program evaluation and quality assurance tools,
which may include but are not limited to, client satisfaction surveys and questionnaires.
E. Grantee shall collect and maintain programmatic data for reporting (e.g., number of
clients served, type and number of devices and equipment purchased), services being
provided (e.g., internet data plans and digital literacy training), and other forms of
programmatic data.
F. Reporting Requirements:
1. Grantee must submit a final report within 30 calendar days following the end of
the award program period and no later than by January 31, 2025. This should
include, but not be limited to, client satisfaction surveys, a narrative of lessons
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California Department of Aging Fresno County
Access to Technology Grant Agreement Number: AT-2223-10
learned and success stories. CDA will withhold reimbursement of the final
monthly expenditure report until receipt and approval of the final report.
2. Grantee shall submit monthly expenditure reports and quarterly programmatic
reports as required by CDA.
3. Grantee must be willing to participate in program evaluation efforts to be
conducted by CDA or its designated representative at the end of the program
period. The evaluation may include a brief survey, interviews, collecting sample
success stories and documenting lessons learned.
6. Approvals
A. The Grantee shall obtain CDA's prior written approval of Grantee's program
description as stated in sections 5 above, prior to the Grantee performing the
required services as outlined in this agreement.
B. All approvals, orders for correction, or disapprovals from the CDA shall be in writing. If
the CDA rejects a program description, Grantee shall make required corrections within
the time frame required by the CDA.
7. CDA Responsibilities
A. CDA Grant Agreement Manager shall provide guidance, information, and access to
CDA staff as required by the Grantee to provide services under this Agreement.
B. CDA shall approve the program description and other deliverables mentioned herein in a
timely manner.
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California Department of Aging Fresno County
Access to Technology Grant Agreement Number: AT-2223-10
EXHIBIT A, ATTACHMENT 1
Grant Proposal
STATE OF CALIFORNIA California
DEPARTMENT OF AGING Department
ACCESS TO TECHNOLOGY(ATT) PROGRAM ofAGING
REQUEST FOR APPLICATION—County Response Template t
Section I
County Number: 10
County Name: Fresno
Human Services Agency Name: Department of Social Services
Contact Name Contact Title Contact email address Contact phone
number
(w/extension if
applicable)
Patricia Gonzalez Deputy Director gonzapd@fresnocountyca.gov (559)600-2306
Angie Stillwell Program Manager adelossantos@fresnocountyca.gov (559)600-4165
Jeff Perkins Staff Analyst jeperkins@fresnocountyca.gov (559)600-2326
Section II
Yes No
1) Does your county opt-in to participate in the ATT program? X
2) Do you agree to participate in program evaluation efforts to be conducted by CDA X
or its designated representative at the end of the program period?(The evaluation
may include a brief survey, interviews, collecting sample success stories and
documenting lessons learned.)
3) List existing County programs your County will be leveraging to provide ATT program
services(if any): In-Home Supportive Services(IHSS);Adult Services;Veterans Service Office
(VSO); and Aged, Blind, and Disabled (ABD)or other qualified DSS clientele.
4) List any non-County programs your County will be leveraging to provide ATT program
services(if any): Identification and evaluation of potential non-County programs or partner
organizations to be leveraged is in progress. Subcontractor(s)for the provision of participant
outreach, education and training services will be subject to County procurement processes, and
specific vendors for these services will be determined accordingly.
5) Did you include supporting documents that demonstrate aligned initiatives and
commitments in supporting language and cultural diversity?(Yes/No) Yes
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California Department of Aging Fresno County
Access to Technology Grant Agreement Number: AT-2223-10
Section III
1) The minimum allocation for the ATT program is$100,000. If your county desires an amount
that is less than $100,000, please enter the desired amount here (please enter whole
numbers only):
N/A—Requested budget for full ATT projected allocation of$1,056,745
2) This is a monthly reimbursement program. Do you agree to bill CDA monthly to be
reimbursed for ATT program expenditures? (Yes/No) Yes
3) Budget Attached—(Yes/No): Yes
Section IV
1) Please check boxes below to indicate which ATT program services your County will
provide to ATT program participants:
X Providing technology,which may include, but is not limited to, laptops, tablets,
and smart hones, to older adults and adults with disabilities.
X Arranging for reliable internet access (via service plans)to older adults and
adults with disabilities.
Broadband infrastructure improvements (telecommunications equipment,
technologies, routers, fiber optic lines, etc.
X Developing or arranging for education and training of older adults and adults
with disabilities on the use of technology.
X Conducting outreach about the program.
Other—Not specifically stated above
2) Please provide a detailed description of how grant funding will be utilized to meet the
Program Goals above and any intended uses not specifically stated above: Fresno County
DSS intends to utilize ATT grant funding to provide tablets, up to two years of internet access, and
a training component intended to educate eligible older adults and adults with disabilities on
tablet/internet use. Eligibility criteria for ATT Program participation is:
• At least 60 years of age or have a permanent physical disability and reside in Fresno
County, and
• A new or existing IHSS or Adult Services client, and
• Do not own or have consistent access to a computer or tablet capable of internet
connection and/or accessibility to current relevant applications (apps), and
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California Department of Aging Fresno County
Access to Technology Grant Agreement Number: AT-2223-10
• Must have at least one of the following risk factors:
- Live alone
- Live in a residential care facility or assisted living facility
- Homebound due to health reasons
- Have mobility issues and/or a functional disability
To maximize the number of program beneficiaries while maintaining ATT Program integrity,
Fresno County DSS plans to subcontract portions of ATT Program implementation with local
organizations demonstrating experience and proficiency in the implementation of services
consistent with ATT Program requirements. All subcontractors will be identified and selected
according to Fresno County procurement policy.
3) Additional Comments: Many rural portions of Fresno County lack broadband infrastructure
and/or reliable cell service to achieve internet connectivity. While residents in these areas may be
eligible for ATT Program participation, the lack of cost-effective solutions to provide internet
access limited to qualified individual residences will likely preclude participation in this program.
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California Department of Aging Fresno County
Access to Technology Grant Agreement Number: AT-2223-10
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. GRANT AWARD
A. The total amount payable to Grantee pursuant to this Agreement shall not exceed the
grant award amount of$1,056,745.00.
B. It is agreed and understood that this grant award amount is a ceiling and that CDA will
only reimburse the allowable cost of services rendered or goods purchased as
authorized by CDA at or below the grant award amount.
2. EXPENDITURE OF FUNDS
A. The Grantee shall expend all funds received hereunder in accordance with this
Agreement.
B. The Grantee agrees to include these requirements in all contracts it enters into with
subcontractors to provide services pursuant to this Agreement.
3. ACCOUNTABILITY FOR FUNDS
A. The Grantee shall maintain accounting records for funds received under the terms and
conditions of this Agreement. These records shall be separate from those for any other
funds administered by the Grantee, and shall be maintained in accordance with
Generally Accepted Accounting Principles and Procedures.
4. FINANCIAL MANAGEMENT SYSTEMS
The Grantee shall meet the following standards for its financial management systems.:
A. Financial Reporting.
B. Accounting Records.
C. Complete Disclosure.
D. Source Documentation.
E. Internal Control.
F. Budgetary Control.
G. Cash Management (written procedures).
H. Allowable Costs (written procedures).
5. FUNDING CONTINGENCIES
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California Department of Aging Fresno County
Access to Technology Grant Agreement Number: AT-2223-10
A. PAYMENTS:
The State shall reimburse Grantee with Access to Technology Grant funding that has
been appropriated, designated, encumbered, or otherwise made available for payment
by the State under this Agreement. The following applies to all funding within this
Agreement:
1. The Grantee shall submit monthly expenditures for the Access to Technology
Grant in an electronic format reporting costs and funding for the month prior. The
Grantee shall report utilizing the CDA online Local Finance Reporting System,
found at https://exi)enditures.aging.ca.gov, no later than the last business day of
each month unless otherwise specified by CDA. Email financeQaging.ca.gov for
user access.
2. Payments will be made to reimburse monthly expenditures reported. CDA shall
process and approve reported expenditures that are based upon actual, not
estimated expenditures. CDA shall notify the Grantee of any disputed
expenditures.
Payments shall be based on monthly expenditure reports as outlined within this
exhibit.
3. The Grantee shall submit timely expenditures to CDA. Late expenditures may
lead to a delay in payment until the following month.
4. Upon written request by CDA, Grantee shall submit additional documentation or
justification to support the reported expenditure.
5. Grantee shall be charged $75 per program funding source(s) for expedited
payments to recover the fees charged by the State Controller's Office. CDA may
waive the fees on a case-by-case basis as appropriate.
a. Expedite Fees
I. If the agreement is executed late to no fault of CDA then the Grantee
may be liable for the incurred processing fees.
II. If the agreement is executed late due to CDA's handling then CDA shall
cover the incurred processing fees.
6. The Grantee shall ensure, to the extent feasible, that all budgeted funds are
expended by the expiration of this Agreement.
B. BUDGET CONTINGENCY CLAUSE:
1. It is mutually agreed that if the Budget Act of the current year and/or any
subsequent years covered under this Agreement does not appropriate sufficient
funds for the program, this Agreement shall no longer be in full force and effect.
In this event, the State shall have no liability to pay any funds whatsoever to
Grantee or to furnish any other considerations under this Agreement and
Grantee shall not be obligated to perform any provisions of this Agreement.
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California Department of Aging Fresno County
Access to Technology Grant Agreement Number: AT-2223-10
2. If funding for any Fiscal Year is reduced or deleted by the Budget Act for
purposes of this program, the State shall have the option to either cancel this
Agreement with no liability occurring to the State, or offer an Agreement
amendment to Grantee to reflect the reduced amount.
3. If this Agreement overlaps Federal and State fiscal years, should funds not be
appropriated by Congress or approved by the Legislature for the Fiscal Year(s)
following that during which this Agreement was executed, the State may exercise
its option to cancel this Agreement.
4. In addition, this Agreement is subject to any additional restrictions, limitations, or
conditions enacted by Congress or the Legislature which may affect the
provisions or terms of funding of this Agreement in any manner.
C. PROMPT PAYMENT CLAUSE:
1. Payment will be made in accordance with, and within the time specified in,
Government Code section 927, et seq.
D. BUDGET DETAIL:
1. At the sole discretion of the CDA and for the purposes of accounting, the CDA
may adjust the total proposed expenditure for each fiscal year as needed. In no
event will this change the contract price for the services actually rendered.
2. Grantee must submit a final monthly expenditure report within 30 calendar days
following the end of the program period and no later than January 31, 2025.
3. Travel Reimbursement:
The Grantee shall not be reimbursed for any travel-related expenses. Any and all
travel shall be at the expense of the Contractor.
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California Department of Aging Fresno County
Access to Technology Grant Agreement Number: AT-2223-10
EXHIBIT B, ATTACHMENT 1
Contractor's Detailed Budget
STATE OF CALIFORNIA A
CALIFORNIA DEPARTMENT OF AGING GING
ACCESS TO TECHNOLOGY BUDGET PROGRAM
CDA 3003(NEW 06/2022)
ACCESS TO TECHNOLOGY PROGRAM: BUDGET SUMMARY
CONTRACT#: I AT- 2223 - 10
Budget Period: 10/1/2022-12/31/2024 Original: 0 Revision#, Date: 08/15/2022 1 County: 10
Cost Category HCBS Fund
Access To Technology-Administration HCBS Fund
Personnel $63,820
Operating Expenses $o
Indirect Administration $6,382
Access To Technology-Administration $70,202
maximum 10%
Access To Technology-Program HCBS Fund
Direct Services $200,000
Indirect Program
Subcontractor Services $786,543
Access To Technology Program $986,543
Total Access To Technology Budget $ 1,056,745
Payment Method: Reimbursement • Request for Funds
Federally Approved Indirect Cost Rate(s):
For questions or accessibility assistance with this financial document,please contact:Financeaaging.ca.gov
FOR STATE USE ONLY
Local Finance Bureau Analyst: Date: Local Finance Bureau Manager: Date:
09/08/2022
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California Department of Aging Fresno County
Access to Technology Grant Agreement Number: AT-2223-10
CALIFORMA
STATE OF CALIFORNIA DFRARIMINT IF
ACCESS TO TECHNOLOGY PROGRAM BUDGET CALIFORNIA DEPARTMENT OF AGING GING
CDA 3003(NEW 06/2022)
ACCESS TO TECHNOLOGY PROGRAM: ADMINISTRATION
CONTRACT#: I AT- 2223 10
Budget Period: 110/1/2022-12/31/2024 Original:V1 Revision#: Date: 08/15/2022 County: 10
Personnel Costs
Position Classification Annual FTE FTE%of Total
VVage Rate Time
Worked
Staff Analyst 80,369 20.0% $ 16,074
Finance Analyst 80,369 10.0% $8,037
Information Technology Analyst 87,516 20.0% $ 17,503
Business Systems Analyst 82,706 20.0% $ 16,541
0.0% $0
0.0% $0
0.0% $0
0.0% $0
0.0% $0
Total Salaries&Wages: $58,155
Staff Benefits: $5,665
Total Personnel: $63.820
Operating Expenses
Rent $0
Equipment/Property(Items may require CDA approval) $0
Supplies $0
Travel (Describe): $0
Consultant Costs $0
Training $0
Purchased Access to Technology Program Services $0
Other Costs(Describe): $0
Total Operating Expenses: $0
Indirect Administration(maximum 10%of Modified Total Direct Costs): $6,382
Access To Technology Program-Administration Budget Total: $ 70,202
Items that require CDA approval, per Standard Agreement exhibits, must be itemized on the
Equipment/Property Budgeted pages (5 &6)
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California Department of Aging Fresno County
Access to Technology Grant Agreement Number: AT-2223-10
GNuwit.
STATE OF CALIFORNIA A I)FPARTNU N
CALIFORNIA DEPARTMENT OF AGING ACCESS TO TECHNOLOGY PROGRAM BUDGET AGING
CDA 3003 (NEW 06/2022)
ACCESS TO TECHNOLOGY PROGRAM BUDGET: DIRECT SERVICES
CONTRACT#: AT- 2223 10
Budget Period: 10/1/2022-12/31/2024 Original:A Revision#:I Date: 08/15I2022 County: 10
Personnel Costs
Position Classification Annual FTE FTE%of Total
Wage Rate Time
Worked
0.0% $0
0.0% $0
0.0% $0
0.0% $0
0.0% $0
0.0% $0
0.0% $0
0.0% $0
0.0% $0
Total Salaries&Wages: $0
Staff Benefits:
Total Personnel: $0
Operating Expenses
Rent
Equipment/Property(Items may require CDA approval) $200,000
Supplies
Travel (Describe):
Consultant Costs
Training
Purchased Access to Technology Program Services
Other Costs(Describe):
Total Operating Expenses: $200,000
Indirect Program(maximum 10%of Modified Total Direct Costs):
Access To Technology Program- Direct Services Budget Total: $ 200,000
Items that require CDA approval, per Standard Agreement exhibits, must be itemized on the
Equipment/Property Budgeted pages(5&6)
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California Department of Aging Fresno County
Access to Technology Grant Agreement Number: AT-2223-10
i,r
STATE OF CALIFORNIA ACJING
CALIFORNIA DEPARTMENT OF AGING
ACCESS TO TECHNOLOGY PROGRAM BUDGET —
CDA 3003 (NEW 06/2022)
ACCESS TO TECHNOLOGY PROGRAM: SUBCONTRACTOR SERVICES
CONTRACT#: I AT- 2223 10
Budget Period: 10/1/2022-12/31/2024 Original:14 Revision#: Date: 08/15/2022 ounty:10
Subcontractor HCBS Fund
Name: Outreach/Client Services(TBD) $500,000
Address:
Phone#:
Contact:
Name: Education/Training Services{TBD) $286,543
Address:
Phone#:
Contact:
Name:
Address:
Phone#:
Contact:
Name:
Address:
Phone#:
Contact:
Name:
Address:
Phone#:
Contact:
Name:
Address:
Phone#:
Contact:
Access To Technology Program- $786,543
Subcontractor Services Total:
Budgeted Contracted expenses from all funding sources
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California Department of Aging Fresno County
Access to Technology Grant Agreement Number: AT-2223-10
GLWORW
STATE OF CALIFORNIA EPAMMEW°F
CALIFORNIA DEPARTMENT OF AGING ING
ACCESS TO TECHNOLOGY PROGRAM BUDGET
CDA 3003 (NEW 06/2022)
ACCESS TO TECHNOLOGY PROGRAM: EQUIPMENT/PROPERTY BUDGETED
CONTRACT#: AT- 2223 10
Budget Period: 10/1/2022-12/31/2024 Original: �/ Revision #: Date: 08/15/2022 ounty: 10
Instructions:
• List the projected Equipment/Property purchases anticipated for the term of the Standard
Agreement.
• Equipment/Property, costing more than $5000 per unit or any computing devices, regardless of cost
must be included on the list.
• Note: A desktop or laptop setup, including all peripherals is considered a unit, if purchased as a
unit.
Item Description Item Quantity Per Unit Cost Total Cost
Administration Equipment/Property(pg.2)
$ 0
$0
$ 0
$0
$ 0
$ 0
Administration Equipment/Prop"Total: $ 0
Direct Equipment/Property(pg. 3)
Tablets for Distribution to Clients 200 $ 1,000 $200,000
$0
$0
$0
$0
$0
Direct Equipment/Property Total: $200,000
Pg. 5 of 6
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California Department of Aging Fresno County
Access to Technology Grant Agreement Number: AT-2223-10
STATE OF CALIFORNIA CALIFORNIA DEPARTMENT OF AGING A( iI
ACCESS TO TECHNOLOGY PROGRAM BUDGET
CDA 3003(NEW 06/2022)
ACCESS TO TECHNOLOGY PROGRAM: EQUIPMENT/PROPERTY BUDGETED (cont.)
Instructions:
• List the projected Equipment/Property purchases anticipated for the term of the Standard
Agreement.
• Equipment/Property, costing more than $5000 per unit or any computing devices, regardless of cost
must be included on the list.
• Note: A desktop or laptop setup, including all peripherals is considered a unit, if purchased as a
unit.
Item Description Item Quantity Per Unit Cost Total Cost
Subcontractor Equipment/Property (pg. 4)
$0
$0
$0
$0
$0
$0
Subcontractor Equipment Total: $ 0
Access To Technology Program- Equipment/Property Budgeted Total: $ 200,000
Signature is required. Type or print name,title, and date below.
Signature Full Name Title Date
Pg.6 of 6
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California Department of Aging Fresno County
Access to Technology Grant Agreement Number: AT-2223-10
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL
This Agreement is of no force or effect until signed by both parties. The Grantee may not
expend for activities performed prior to the commencement date or completed after the
termination date of this Agreement.
2. ASSIGNMENT
This Agreement is not assignable by the Grantee, either in whole or in part, without the
consent of CDA Agreement Manager or designee in the form of a formal written
amendment.
3. GOVERNING LAW
This Agreement is governed by and will be interpreted in accordance with all applicable
State and Federal laws.
4. STATE AND FEDERAL LAW
It is the responsibility of the Grantee to know and understand which state, federal, and local
laws regulations, and ordinances are applicable to this Agreement and Project. Grantee
shall be responsible for observing and complying with all applicable state and federal laws
and regulations, and failure to comply may constitute a material breach.
5. GRANTEE COMMITMENTS
The Grantee accepts and agrees to comply with all terms, provisions, conditions and
commitments of the Agreement, including all incorporated documents, and to fulfill all
assurances, declarations, representations, and statements made by the Grantee in the
application, documents, amendments, and communications in support of its request for
funding.
6. PERFORMANCE AND ASSURANCES
The Grantee agrees to faithfully and expeditiously perform or cause to be performed all
Project work as described in the Scope of Work, and to apply grant funds received only to
allowable Project costs in accordance with applicable provisions of the law and Grant
Procedures Manual, if applicable.
7. AGENCY
A. In the performance of this Agreement, the Grantee and its agents, employees, and its
subgrantees shall act in an independent capacity and not as officers, employees, or
agents of the CDA.
B. The Grantee is solely responsible for all activities supported by the Grant.
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California Department of Aging Fresno County
Access to Technology Grant Agreement Number: AT-2223-10
C. Nothing in this Agreement creates a partnership, agency,joint venture, employment, or
any other type of relationship between the parties.
D. The Grantee shall not represent itself as an agent of the CDA for any purpose and has
no authority to bind the CDA in any manner whatsoever.
8. MUTUAL LIABILITY
Each party hereto agrees to be responsible and assume mutual and proportional liability for
its own wrongful or negligent acts of omissions, or those of its officers, agents or
employees to the full extent required by law.
9. UNENFORCEABLE PROVISION
In the event that any provision of this Agreement is unenforceable or held to be
unenforceable, then the parties agree that all other provisions of this Agreement have force
and effect and will not be affected thereby.
10.CONTRACTORS/CONSULTANTS
The Grantee, and the agents and employees of Grantee, in the performance of this
Agreement, are not officers, employees, or agents of the CDA. The Grantee's obligation to
pay its Contractors/Consultants is an independent obligation from the CDA's obligation to
make payments to the Grantee. Grantee agrees to comply with all applicable State and
local laws and regulations during the term of this Agreement. All Contractors/Consultants
shall have the proper licenses/certificates required in their respective disciplines. The
Contractors/Consultants shall not affect the Grantee's overall responsibility for the
management of the project, and the Grantee shall reserve sufficient rights and control to
enable it to fulfill its responsibilities under this Agreement.
11.NON-DISCRIMINATION CLAUSE
During the performance of this Agreement, Grantee and its Contractors will not unlawfully
discriminate, harass, or allow harassment against any employee or applicant for
employment because of sex, sexual orientation, race, color, ancestry, religious creed,
national origin, physical or mental disability, medical condition, age, marital status, and
denial family care leave.
The Grantee and Contractors will ensure that the evaluation and treatment of their
employees and applicants for employment are free from such discrimination and
harassment. Grantee and Contractors will comply with the provisions of the Fair
Employment and Housing Act (Government Code Section 12990 et seq.) and the
applicable regulations promulgated there under (California Code of Regulations, Title 2,
Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of
Division 4 of Title 2 of the California Code of Regulations, are incorporated into this
Agreement by reference and made a part hereof as if set forth in full. Grantee and its
Contractors will give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining unit or other Agreement. The
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Grantee must include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under this Agreement.
12.EXCISE TAX
The State of California is exempt from Federal excise taxes and no payment will be made
for any taxes levied on employees' wages. The CDA will pay for any applicable State of
California or local sales or use taxes on the services rendered or equipment or parts
supplied pursuant to this Agreement. California may pay any applicable sales and use tax
imposed by another State.
13.DISPUTES
The Grantee must continue with the responsibilities under this Agreement during any
dispute. In the event of a dispute, the Grantee must file a "Notice of Dispute" with the CDA
Agreement Manager or designee within ten (10) calendar days of discovery of the problem.
The Notice of Dispute must contain the Agreement number. Within ten (10) calendar days
of receipt of the Notice of Dispute, the CDA Agreement Manager or designee must meet
with the Grantee for the purpose of resolving the dispute. In the event of a dispute, the
language contained within this Agreement prevails.
14.DISPUTE RESOLUTION
In the event of a dispute, Grantee will discuss the problem informally with CDA's Grant
Agreement Manager. If unresolved, the Grantee shall file a written "Notice of Dispute" with
the CDA Grant Agreement Manager within ten (10) days of discovery of the problem.
Within ten (10) days of receipt, the CDA Grant Agreement Manager shall meet with the
Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this
Agreement which is not disposed of within a reasonable period of time, the Grantee may
bring it to the attention of the Deputy Director of the Division of Home and Community
Living (DHCL) at dhcl(a-)_aging.ca.gov. The decision of the CDA DHCL Deputy Director shall
be final. Unless otherwise instructed by the CDA Grant Agreement Manager, the Grantee
shall continue with its responsibilities under this Agreement during any dispute.
15.RIGHT TO TERMINATE
This Agreement may be terminated by either party hereto upon written notice delivered to
the other party at least thirty (30) calendar days prior to the intended date of termination. By
such termination, neither party may nullify obligations already incurred prior to the date of
termination. In the event of Termination for Convenience of this Agreement by CDA, CDA
must pay all responsible costs and non-cancellable obligations incurred by the Grantee as
of the date of termination.
16.TERMINATION FOR CAUSE
Either party reserve the right to immediately terminate this Agreement for cause subject to
written notice. However, each party will have ten (10) calendar days after receipt of the
termination notice to cure the breach. If the breach is not cured within ten (10) calendar
days of receipt of notice, the CDA shall reimburse the Grantee for all documented costs
incurred up to the date of termination, including all non-cancellable obligations.
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17.FORCE MAJEURE
The Grantee shall not be liable for any failure to perform as required by this Agreement, to
the extent such failure to perform is caused by any of the following: labor disturbances or
disputes of any kind, accidents, failures of any required governmental approval, civil
disorders, acts of aggression, acts of God, energy or other conservation measures, failure
of utilities, mechanical breakdowns, materials shortages, disease, pandemics, or similar
occurrences.
18.SUSPENSION OF PAYMENTS
Reimbursement under this Agreement may be suspended or terminated, or both, and
Grantee may be subject to debarment if CDA determines that Grantee has breached the
terms of this Agreement. A determination of breach may be appealed in writing and post
marked within ten (10) calendar days of the date of notification, and emailed to CDA, Legal
Office at Legal(a�CDA.ca.gov.
19.BREACH PROVISIONS
The Grantee may be in material breach under this Agreement if it fails to comply with any
term of this Agreement. In the event of a material breach, CDA shall provide in writing a
Notice of Breach to the Grantee within ten (10) calendar days upon discovery of breach.
Grantee shall have ten (10) calendar days from receipt of the notice to cure the breach. If
the Grantee fails to cure the breach within the time prescribed by this Agreement, CDA may
do any of the following:
A. Suspend payments;
B. Demand repayment of all funding;
C. Terminate the Agreement; or
D. Take any other action deemed necessary to recover costs.
If CDA determines that Grantee is not in material breach but that a Project is not being
implemented in accordance with the provisions of this Agreement, or that Grantee has
failed in any other respect to comply with the provisions of this Agreement, and if Grantee
does not remedy any such failure in a reasonable manner, CDA may withhold all or any
portion of the grant funding and take any other action that CDA deems necessary to protect
its interests.
Where a portion of the grant funding has been disbursed to the Grantee and CDA notifies
Grantee of its decision not to release funds that have been withheld pursuant to Exhibit C,
Suspension of Payments Provision, the portion that has been disbursed shall thereafter be
repaid immediately. CDA may consider Grantee's refusal to repay the requested disbursed
amount a contract breach subject to the default provisions in Suspension of Payments
Provision.
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If CDA notifies Grantee of its decision to withhold the entire funding amount from Grantee
pursuant to this paragraph, this Agreement shall terminate upon receipt of such notice by
Grantee and CDA shall no longer be required to provide funds under this Agreement and
the Agreement shall no longer be binding on either party.
In the event CDA finds it necessary to enforce this provision of this Agreement in the
manner provided by law, Grantee agrees to pay all costs incurred by CDA including, but not
limited to, reasonable attorneys' fees, legal expenses, and costs.
20.PUBLICITY AND ACKNOWLEDGEMENT
The Grantee agrees that it will acknowledge CDA's support whenever projects funded, in
whole or in part, by this Agreement are publicized in any news media, brochures,
publications, audiovisuals, presentations or other types of promotional material in
accordance with the Grant Procedures Manual, if applicable. Grantees may not use the
CDA logo.
21.NEWS RELEASES/PUBLIC CONFERENCES
The Grantee agrees to notify the CDA in writing at least two (2) business days before any
news releases or public conferences are initiated by the Grantee or its
Contractors/Consultants regarding the project described in the Attachments, Scope of Work
and Budget and any project results.
22.SCOPE OF WORK AND BUDGET CHANGES
Changes to the Scope of Work, Budget or the Project term, must be requested in writing to
CDA Grant Administrative Contact no later than thirty (30) days prior to the requested
implementation date. Any changes to the Scope of Work and Budget are subject to CDA
approval and, at its discretion, CDA may choose to accept or deny any changes. If
accepted and after negotiations are concluded, the agreed upon changes will be made and
become part of this Agreement. CDA will respond in writing as to whether the proposed
changes are accepted.
23.REPORTING REQUIREMENTS
The Grantee agrees to comply with all reporting requirements specified in Scope of Work
and/or Grant Procedures Manual, if applicable.
24.EQUIPMENT
Purchase of equipment not included in the approved Budget requires prior approval.
25.CLOSEOUT
The Agreement will be closed out after the completion of the project or project term, receipt
and approval of the final expenditure report and financial closeout report, and resolution of
any performance or compliance issues.
26.CONFIDENTIAL AND PUBLIC RECORDS
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The Grantee and CDA understand that each party may come into possession of
information and/or data which may be deemed confidential or proprietary by the person or
organization furnishing the information or data. Such information or data may be subject to
disclosure under the California Public Records Act or the Public Contract Code. CDA has
the sole authority to determine whether the information is exempt from public release. If
CDA deems the data exempt, it shall maintain such information as confidential and notify
the Grantee of any requests for release of the information.
27.PROPERTY DAMAGE CLAIMS PROCESS
Should a property owner claim damages arising under, related to or involving this
Agreement, the Grantee shall forward the property owner's written request for
compensation to the CDA Agreement Manager. The written request shall be fully supported
by factual information. The Deputy Director or designee will have thirty (30) calendar days
after receipt of the written request to render a written decision. If a written decision is not
rendered within thirty (30) calendar days after receipt of the request or the property owner
disputes the CDA's decision, the property owner may file a claim with the California
Department of General Services.
28.AMENDMENTS
Changes to funding amount or Agreement term require an amendment and must be
requested in writing to the CDA Agreement Manager or designee no later than sixty (60)
calendar days prior to the requested implementation date. Amendments are subject to CDA
approval, and, at its discretion, may choose to accept or deny these changes. No
amendments are possible if the Agreement is expired.
No amendment or variation of the terms of this Agreement shall be valid unless made in
writing, signed by the parties, and approved as required. No verbal understanding or
agreement not incorporated into this Agreement is binding on any of the parties. This
Agreement may be amended, modified or augmented by mutual consent of the parties,
subject to the requirement sand restrictions of this paragraph.
29.COPYRIGHT
A. The Grantee owns and retains titles to any copyrights or copyrightable material from
any original works that it creates within the scope of this Agreement in accordance with
the federal Copyright Act (17 U.S.C. 101, et seq.).
B. The Grantee is responsible for obtaining any necessary licenses, permissions, releases
or authorizations to use text, images, or other materials owned, copyrighted, or
trademarked by third parties and for extending such licenses, permissions, releases, or
authorizations to the California Department of Aging pursuant to this section.
C. The CDA may upload, post, or transmit copyrighted material produced or purchased
with grant funds on a California Department of Aging website for public access and
viewing.
30.RECORDS
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A. Communications, grant related documents, data, original receipts, and monthly
expenditure reports must be maintained by the Grantee and shall be made available to
CDA upon request.
B. The Grantee agrees to maintain adequate grant program records and adequate
financial records consistent with generally accepted accounting practices.
C. The Grantee shall maintain satisfactory financial accounts, documents, including loan
documents, and all other records for the project and to make them available to CDA for
auditing at reasonable times. The Grantee also agrees to retain such financial
accounts, documents, and records for five years following project termination or
issuance of final payment, whichever is later.
D. The Grantee shall keep such records as CDA shall prescribe, including records which
fully disclose:
i. The disposition of the proceeds of CDA funding assistance;
ii. The total cost of the project in connection with such assistance that is given or
used;
iii. The amount and nature of that portion of the project cost supplied by other
sources; and
iv. Any other such records that will facilitate an effective audit.
E. The Grantee agrees that CDA shall have the right to inspect and make copies of any
books, records, or reports pertaining to this Agreement or matters related thereto during
regular office hours. The Grantee shall maintain and make available for inspection by CDA
accurate records of all of its costs, disbursements and receipts with respect to its activities
under this Agreement. Such accounts, documents, and records shall be retained by the
Grantee for at least five years following project termination or issuance of final payment,
whichever is later.
F. The Grantee shall use a generally accepted accounting system as outlined within the Grant
Procedures Manual.
31.SEVERABLILITY
If any provision of this Agreement or the application thereof is invalid, that invalidity shall
not affect other provisions or applications of the Agreement which can be given effect
without the invalid provision or application, and to this end the provisions of this Agreement
are severable.
32.APPLICABLE LAW
The laws of the State of California shall govern all proceedings concerning the validity and
operation of this Agreement and the performance of the obligations imposed upon the
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parties hereunder. The parties hereby waive any right to any other venue. The place where
the Agreement is entered into and place where the obligation is incurred is Sacramento
County, California.
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