HomeMy WebLinkAboutAgreement A-19-226 with Marjaree Mason Center.pdf-1-
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A G R E E M E N T
THIS AGREEMENT is made and entered into this day of ___________, 2019, by and
between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to
as "COUNTY", and MARJAREE MASON CENTER, INC., a Private Non-Profit Organization, whose
address is 1600 M Street, Fresno, CA 93721, hereinafter referred to as “SUBRECIPIENT.”
W I T N E S S E T H:
WHEREAS, COUNTY has a need for Emergency Shelter and Rapid Rehousing services for
homeless individuals and families fleeing domestic violence; and
WHEREAS, COUNTY’s Department of Social Services (DSS) has received approval from United
States Housing and Urban Development (HUD) to reallocate expired Emergency Solutions Grant (ESG)
funding from prior years; and
WHEREAS, the Fresno Madera Continuum of Care (FMCoC) has been consulted, in accordance
with the provisions of 24 CFR Part 576, regarding the use of the reallocated funds; and
WHEREAS, SUBRECIPIENT has the expertise and is willing and able to provide said services
pursuant to the terms and conditions of this Agreement; and
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions herein
contained, the parties hereto agree as follows:
1.OBLIGATIONS
A. SUBRECIPIENT shall perform all services and fulfill all responsibilities as identified in
COUNTY’s Request for Proposal (RFP) No. 18-032, dated March 5, 2018, and Addendum No. One (1)
to COUNTY’s RFP No. 18-032, dated March 6, 2018, and Addendum No. Two (2) to COUNTY’s RFP
No. 18-032, dated March 23, 2018, collectively hereinafter referred to as COUNTY’s Revised RFP No.
18-032 and SUBRECIPIENT’s response to said Revised RFP, all incorporated herein by reference and
made part of this Agreement.
B.SUBRECIPIENT shall perform all services set forth in Exhibit A, Summary of Services,
attached hereto and by this reference incorporated herein.
C.In the event of any inconsistency among the documents described in Paragraphs One (1)
Agreement No. 19-226
14th May
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A and B hereinabove, the inconsistency shall be resolved by giving precedence in the following order of
priority: 1) to this Agreement, including all Exhibits attached hereto, 2) to COUNTY’s Revised RFP No.
18-032, and 3) to the SUBRECIPIENT’s response to the Revised RFP. A copy of COUNTY’s Revised
RFP 18-032 and SUBRECIPIENT’s response shall be retained and made available during the term of
this Agreement by COUNTY’s Department of Social Services, hereinafter referred to as COUNTY’s
DSS.
D.SUBRECIPIENT shall provide services pursuant to the staffing pattern and program
expenses detailed in Exhibit B, Budget, attached hereto and by this reference incorporated herein.
2.TERM
This Agreement shall be effective May 14, 2019 through and including August 16, 2019.
3.TERMINATION
A.Non-Allocation of Funds - The terms of this Agreement, and the services to be
provided hereunder, are contingent on the approval of funds by the appropriating government agency.
Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
terminated, at any time by giving the SUBRECIPIENT thirty (30) days advance written notice.
B.Breach of Contract - The COUNTY may immediately suspend or terminate this
Agreement in whole or in part, where in the determination of the COUNTY there is:
1)An illegal or improper use of funds;
2)A failure to comply with any term of this Agreement;
3)A substantially incorrect or incomplete report submitted to the COUNTY;
4)Improperly performed service.
In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any
breach of this Agreement or any default which may then exist on the part of the SUBRECIPIENT. Neither
shall such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or
default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment to the
COUNTY of any funds disbursed to the SUBRECIPIENT under this Agreement, which in the judgment of
the COUNTY were not expended in accordance with the terms of this Agreement. The SUBRECIPIENT
shall promptly refund any such funds upon demand.
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C.Without Cause - Under circumstances other than those set forth above, this
Agreement may be terminated by COUNTY upon the giving of thirty (30) days advance written notice of
an intention to terminate to SUBRECIPIENT.
4.COMPENSATION
For actual services provided pursuant to the terms of this Agreement, COUNTY agrees to
pay SUBRECIPIENT and SUBRECIPIENT agrees to receive compensation in accordance with Exhibit B,
Budget. Mandated travel shall be reimbursed based on actual expenditures and mileage reimbursement
shall be at SUBRECIPIENT ’s adopted rate per mile, not to exceed the IRS published rate.
In no event shall actual services performed under this Agreement be in excess of Fifty-Eight
Thousand Four Hundred Eighty and 9/100 Dollars ($58,480.09). Payments by COUNTY shall be in
arrears, for services provided during the preceding month, within forty-five (45) days after receipt,
verification and approval of SUBRECIPIENT’s invoices by COUNTY.
It is understood that all expenses incidental to SUBRECIPIENT'S performance of services
under this Agreement shall be borne by SUBRECIPIENT. If SUBRECIPIENT should fail to comply with
any provision of the Agreement, COUNTY shall be relieved of its obligation for further compensation.
5.INVOICING
With the exception of the final invoice, SUBRECIPIENT shall invoice COUNTY’s DSS in
arrears by the tenth (10th) of each month for expenditures incurred to provide services rendered in the
previous month to: DSSInvoices@fresnocountyca.gov. Payments by COUNTY’s DSS shall be in arrears,
for actual services provided during the preceding month, within forty-five (45) days after receipt, verification
and approval of SUBRECIPIENT’s invoices by COUNTY’s DSS. A monthly activity report shall accompany
the invoice, reflecting services supported by the invoiced expenditures and be in a form and in such detail
as acceptable to the COUNTY’s DSS. All final claims shall be submitted by SUBRECIPIENT by no later
than August 30, 2019.
At the discretion of COUNTY’s DSS Director or designee, if an invoice is incorrect or is
otherwise not in proper form or detail, COUNTY’s DSS Director or designee shall have the right to withhold
full payment of the invoice that is incorrect or improper after five (5) days prior written notice or email
correspondence to SUBRECIPIENT. SUBRECIPIENT agrees to continue to provide services for a period of
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ninety (90) days after written or email notification of an incorrect or improper invoice. If after the ninety (90)
period the invoice(s) is still not corrected to COUNTY’s DSS satisfaction, COUNTY or COUNTY’s DSS
Director or designee may elect to terminate this Agreement, pursuant to the termination provisions stated in
Paragraph Three (3) of this Agreement.
6.INDEPENDENT CONTRACTOR
In performance of the work, duties and obligations assumed by SUBRECIPIENT under this
Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the
SUBRECIPIENT'S officers, agents, and employees will at all times be acting and performing as an
independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and
function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.
SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the
rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject
thereof.
Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely
no right to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be
solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee
benefits. In addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all
matters relating to payment of SUBRECIPIENT'S employees, including compliance with Social Security
withholding and all other regulations governing such matters. It is acknowledged that during the term of this
Agreement, SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to this
Agreement.
7.MODIFICATION
A.Any matters of this Agreement may be modified from time to time by the written
consent of all the parties without, in any way, affecting the remainder.
B. SUBRECIPIENT hereby understands that this Agreement is subject to any
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restrictions, limitations, or enactments of all legislative bodies which affect the provisions, term, or funding of
this Agreement in any manner.
8.NON-ASSIGNMENT
SUBRECIPIENT shall not assign, transfer or sub-contract this Agreement nor their rights or
duties under this Agreement without the prior written consent of the COUNTY or COUNTY’s DSS Director
or designee. Any transferee, assignee, or subcontractor will be subject to all applicable provisions of this
Agreement, and all applicable State and Federal regulations. SUBRECIPIENT shall be held primarily
responsible by the COUNTY for the performance of any transferee, assignee, or subcontractor unless
otherwise expressly agreed to in writing by COUNTY. The use of subcontractor by SUBRECIPIENT shall
not entitle SUBRECIPIENT to any additional compensation than is provided for under this Agreement.
9.HOLD HARMLESS
SUBRECIPIENT agrees to indemnify, save, hold harmless, and at COUNTY'S request,
defend the COUNTY, its officers, agents, and employees from any and all costs and expenses (including
attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to COUNTY in
connection with the performance, or failure to perform, by SUBRECIPIENT, its officers, agents, or
employees under this Agreement, and from any and all costs and expenses (including attorney’s fees and
costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who
may be injured or damaged by the performance, or failure to perform, of SUBRECIPIENT, its officers,
agents, or employees under this Agreement.
10.INSURANCE
Without limiting the COUNTY's right to obtain indemnification from SUBRECIPIENT or any
third parties, SUBRECIPIENT, at its sole expense, shall maintain in full force and effect, the following
insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
A.Commercial General Liability
Commercial General Liability Insurance with limits of not less than Two Million Dollars
($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
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completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
liability or any other liability insurance deemed necessary because of the nature of this contract.
B.Automobile Liability
Comprehensive Automobile Liability Insurance with limits of not less than One Million
Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include
any auto used in connection with this Agreement.
C.Professional Liability
If SUBRECIPIENT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W.,
M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million
Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
D.Worker's Compensation
A policy of Worker's Compensation insurance as may be required by the California Labor
Code.
E.Additional Requirements Relating to Insurance
SUBRECIPIENT shall obtain endorsements to the Commercial General Liability insurance
naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
provided under SUBRECIPIENT's policies herein. This insurance shall not be cancelled or changed
without a minimum of thirty (30) days advance written notice given to COUNTY.
SUBRECIPIENT hereby waives its right to recover from COUNTY, its officers, agents, and
employees any amounts paid by the policy of worker’s compensation insurance required by this
Agreement. SUBRECIPIENT is solely responsible to obtain any endorsement to such policy that may be
necessary to accomplish such waiver of subrogation, but SUBRECIPIENT’s waiver of subrogation under
this paragraph is effective whether or not SUBRECIPIENT obtains such an endorsement.
Within Thirty (30) days from the date SUBRECIPIENT signs and executes this Agreement,
SUBRECIPIENT shall provide certificates of insurance and endorsement as stated above for all of the
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foregoing policies, as required herein, to the County of Fresno, P.O. Box 1912, Fresno, CA 93718-1219,
Attention: Contract Analyst, stating that such insurance coverage has been obtained and is in full force; that
the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the
policies; that for such worker’s compensation insurance the SUBRECIPIENT has waived its right to recover
from the COUNTY, its officers, agents, and employees any amounts paid under the insurance policy and
that waiver does not invalidate the insurance policy; that such Commercial General Liability insurance
names the County of Fresno, its officers, agents and employees, individually and collectively, as additional
insured, but only insofar as the operations under this Agreement are concerned; that such coverage for
additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
by COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance
provided under SUBRECIPIENT's policies herein; and that this insurance shall not be cancelled or changed
without a minimum of thirty (30) days advance, written notice given to COUNTY.
In the event SUBRECIPIENT fails to keep in effect at all times insurance coverage as herein
provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
Agreement upon the occurrence of such event.
All policies shall be issued by admitted insurers licensed to do business in the State of
California, and such insurance shall be purchased from companies possessing a current A.M. Best, Inc.
rating of A FSC VII or better.
11.CONFLICT OF INTEREST
No officer, employee or agent of the COUNTY who exercises any function or responsibility
for planning and carrying out of the services provided under this Agreement shall have any direct or indirect
personal financial interest in this Agreement. In addition, no employee of the COUNTY shall be employed
by the SUBRECIPIENT under this Agreement to fulfill any contractual obligations with the COUNTY. The
SUBRECIPIENT shall comply with all Federal, State of California and local conflict of interest laws, statutes
and regulations, which shall be applicable to all parties and beneficiaries under this Agreement and any
officer, employee, or agent of the COUNTY.
12.NON-DISCRIMINATION
During the performance of this Agreement SUBRECIPIENT shall not unlawfully discriminate
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against any employee of applicant for employment, or recipient of services, because of ethnic group
identification, gender, gender identity, gender expression, sexual orientation, color, physical disability,
mental disability, medical condition, national origin, race, ancestry, marital status, religion, or religious
creed, pursuant to all applicable State of California and Federal statutes and regulations.
13.LIMITED ENGLISH PROFICIENCY
SUBRECIPIENT shall provide interpreting and translation services to persons participating
in SUBRECIPIENT’s services who have limited or no English language proficiency, including services to
persons who are deaf or blind. Interpreter and translation services shall be provided as necessary to allow
such participants meaningful access to the programs, services and benefits provided by SUBRECIPIENT.
Interpreter and translation services, including translation of SUBRECIPIENT’s “vital documents” (those
documents that contain information that is critical for accessing SUBRECIPIENT ’s services or are required
by law) shall be provided to participants at no cost to the participant. SUBRECIPIENT shall ensure that any
employees, agents, subcontractor, or partners who interpret or translate for a program participant, or who
directly communicate with a program participant in a language other than English, demonstrate proficiency
in the participants’ language and can effectively communicate any specialized terms and concepts peculiar
to SUBRECIPIENT’s services.
14.CLEAN AIR AND WATER
In the event the funding under this Agreement exceeds One Hundred Thousand and No/100
Dollars ($100,000), SUBRECIPIENT shall comply with all applicable standards, orders or requirements
issued under the Clear Air Act contained in 42 U.S. Code 7601 et seq; the Clean Water Act contained in 33
U.S. Code 1368 et seq.; and any standards, laws and regulations, promulgated thereunder. Under these
laws and regulations, SUBRECIPIENT shall assure:
A.No facility shall be utilized in the performance of the Agreement that has been listed on
the Environmental Protection Agency (EPA) list of Violating Facilities;
B.COUNTY shall be notified prior to execution of this Agreement of the receipt of any
communication from the Director, Office of Federal Activities, U.S. EPA indicating that a facility to be
utilized in the performance of this Agreement is under consideration to be listed on the EPA list of
Violating Facilities;
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C.COUNTY and U.S. EPA shall be notified about any known violation of the above laws
and regulations; and
D.This assurance shall be included in every nonexempt subgrant, contract, or
subcontract.
15.DRUG-FREE WORKPLACE REQUIREMENTS
For purposes of this paragraph, SUBRECIPIENT will be referred to as the “grantee.” By
drawing funds against this grant award, the grantee is providing the certification that is required by
regulations implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F. These
regulations require certification by grantees that they will maintain a drug-free workplace. False certification
or violation of the certification shall be grounds for suspension of payments, suspension or termination of
grants, or government wide suspension or debarment. SUBRECIPIENT shall also comply with the
requirements of the Drug-Free Workplace Act of 1990 (California Government Code section 8350 et seq.)
16.CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INTELIGIBILITY, AND
VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS
A.COUNTY and SUBRECIPIENT recognize that SUBRECIPIENT is a recipient of
Federal funds under the terms of this Agreement. By signing this Agreement, SUBRECIPIENT agrees to
comply with applicable Federal suspension and debarment regulations, including but not limited to: 7 CFR
3016.35, 29 CFR 97.35, 45 CFR 92.35, and Executive Order 12549. By signing this Agreement,
SUBRECIPIENT attests to the best of its knowledge and belief, that it and its principals:
1.Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded by any Federal department or agency; and
2.Shall not knowingly enter into any covered transaction with an entity or person
who is proposed for debarment under Federal regulations, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in such transaction.
B.SUBRECIPIENT shall provide immediate written notice to COUNTY if at any time
during the term of this Agreement SUBRECIPIENT learns that the representations it makes above were
erroneous when made or have become erroneous by reason of changed circumstances.
C.SUBRECIPIENT shall include a clause titled “Certification Regarding Debarment,
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Suspension, Ineligibility, and Voluntary Exclusion – Lower Tier Covered Transactions” and similar in
nature to this paragraph in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
D.SUBRECIPIENT shall, prior to soliciting or purchasing goods and services in
excess of $25,000 funded by this Agreement, review and retain the proposed vendor’s suspension and
debarment status at https://www.sam.gov/SAM/.
17.CONFIDENTIALITY
All services performed by SUBRECIPIENT under this Agreement shall be in strict
conformance with all applicable Federal, State of California, and/or local laws and regulations relating to
confidentiality.
18.DATA SECURITY
Individuals and/or agencies that enter into a contractual relationship with the COUNTY for
the purpose of providing services must employ adequate controls and data security measures, both
internally and externally to ensure and protect the confidential information and/or data provided to
contractor by the COUNTY, preventing the potential loss, misappropriation or inadvertent access, viewing,
use or disclosure of COUNTY data including sensitive or personal client information; abuse of COUNTY
resources; and/or disruption to COUNTY operations.
Individuals and/or agencies may not connect to or use COUNTY networks/systems via
personally owned mobile, wireless or handheld devices unless authorized by COUNTY for telecommuting
purposes and provide a secure connection; up to date virus protection and mobile devices must have the
remote wipe feature enabled. Computers or computer peripherals including mobile storage devices may not
be used (COUNTY or SUBRECIPIENT device) or brought in for use into the COUNTY’s system(s) without
prior authorization from COUNTY’s Chief Information Officer and/or designee(s).
SUBRECIPIENT may not store COUNTY’s private, confidential or sensitive data on any
hard-disk drive, portable storage device or remote storage installation unless encrypted according to
advance encryption standards (AES of 128 bit or higher).
The COUNTY will immediately be notified of any violations, breaches or potential breaches
of security related to COUNTY’s confidential information, data and/or data processing equipment which
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stores or processes COUNTY data, internally or externally.
COUNTY shall provide oversight to SUBRECIPIENT’s response to all incidents arising from
a possible breach of security related to COUNTY’s confidential client information. SUBRECPIENT will be
responsible to issue any notification to affected individuals as required by law or as deemed necessary by
COUNTY in its sole discretion. SUBRECIPIENT will be responsible for all costs incurred as a result of
providing the required notification.
19.SINGLE AUDIT CLAUSE
A.If SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000)
or more in Federal and Federal flow-through monies, SUBRECIPIENT agrees to conduct an annual
audit in accordance with the requirements of the Single Audit Standards as set forth in Office of
Management and Budget (OMB) Title 2 of the Code of Federal Regulations Part 200. SUBRECIPIENT
shall submit said audit and management letter to COUNTY. The audit must include a statement of
findings or a statement that there were no findings. If there were negative findings, SUBRECIPIENT
must include a corrective action plan signed by an authorized individual. SUBRECIPIENT agrees to take
action to correct any material non-compliance or weakness found as a result of such audit. Such audit
shall be delivered to COUNTY’s DSS, Administration, for review within nine (9) months of the end of any
fiscal year in which funds were expended and/or received for the program. Failure to perform the
requisite audit functions as required by this Agreement may result in COUNTY performing the necessary
audit tasks, or at COUNTY’s option, contracting with a public accountant to perform said audit, or, may
result in the inability of COUNTY to enter into future agreements with SUBRECIPIENT. All audit costs
related to this Agreement are the sole responsibility of SUBRECIPIENT.
B.A single audit report is not applicable if all SUBRECIPIENT ’s Federal contracts
do not exceed the Seven Hundred Fifty Thousand Dollars ($750,000) requirement or SUBRECIPIENT’s
funding is through Drug related Medi-Cal. If a single audit is not applicable, a program audit must be
performed and a program audit report with management letter shall be submitted by SUBRECIPIENT to
COUNTY as a minimum requirement to attest to SUBRECIPIENT’s solvency. Said audit report shall be
delivered to COUNTY’s DSS, Accounting Office, for review no later than nine (9) months after the close
of the fiscal year in which the funds supplied through this Agreement are expended. Failure to comply
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with this Act may result in COUNTY performing the necessary audit tasks or contracting with a qualified
accountant to perform said audit. All audit costs related to this Agreement are the sole responsibility of
SUBRECIPIENT who agrees to take corrective action to eliminate any material noncompliance or
weakness found as a result of such audit. Audit work performed by COUNTY under this paragraph shall
be billed to the SUBRECIPIENT at COUNTY cost, as determined by COUNTY’s Auditor-
Controller/Treasurer-Tax Collector.
C.SUBRECIPIENT shall make available all records and accounts for inspection by
COUNTY, the State of California, if applicable, the Comptroller General of the United States, the Federal
Grantor Agency, or any of their duly authorized representatives, at all reasonable times for a period of at
least five (5) years following final payment under this Agreement or the closure of all other pending
matters, whichever is later.
20.PROPERTY OF COUNTY
SUBRECIPIENT agrees to take reasonable and prudent steps to ensure the security of
any and all said hardware and software provided to it by COUNTY under this Agreement, to maintain
replacement-value insurance coverages on said hardware and software of like kind and quality
approved by COUNTY.
All purchases over Five Thousand Dollars ($5,000) made during the life of this
Agreement that will outlive the life of this Agreement shall be identified as fixed assets with an assigned
Fresno County DSS Accounting Inventory Number. These fixed assets shall be retained by COUNTY,
as COUNTY property, in the event this Agreement is terminated or upon expiration of this Agreement.
SUBRECIPIENT agrees to participate in an annual inventory of all COUNTY fixed assets and shall be
physically present when fixed assets are returned to COUNTY possession at the termination or
expiration of this Agreement. SUBRECIPIENT is responsible for returning to COUNTY all COUNTY
owned fixed assets upon the expiration or termination of this Agreement.
21.AUDITS AND INSPECTIONS
The SUBRECIPIENT shall at any time during business hours, and as often as the COUNTY
may deem necessary, make available to the COUNTY for examination all of its records and data with
respect to the matters covered by this Agreement. The SUBRECIPIENT shall, upon request by the
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COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
SUBRECIPIENT'S compliance with the terms of this Agreement.
If this Agreement exceeds ten thousand dollars ($10,000.00), SUBRECIPIENT shall be
subject to the examination and audit of the Auditor General for a period of three (3) years after final
payment under contract (Government Code Section 8546.7).
In addition, SUBRECIPIENT shall cooperate and participate with COUNTY’s fiscal review
process and comply with all final determinations rendered by the COUNTY’s fiscal review process. If
COUNTY reaches an adverse decision regarding SUBRECIPIENT’s services to consumers, it may result in
the disallowance of payment for services rendered; or in additional controls to the delivery of services, or in
the termination of this Agreement, at the discretion of COUNTY’s DSS Director or designee. If as a result of
COUNTY’s fiscal review process a disallowance is discovered due to SUBRECIPIENT’s deficiency,
SUBRECIPIENT shall be financially liable for the amount previously paid by COUNTY to SUBRECIPIENT
and this disallowance will be adjusted from SUBRECIPIENT’s future payments, at the discretion of
COUNTY’s DSS Director or designee. In addition, COUNTY shall have the sole discretion in the
determination of fiscal review outcomes, decisions and actions.
22. ESG ELIGIBILITY AND REPORTING REQUIREMENTS
A. SUBRECIPIENT is required to be a member in good standing of the FMCoC. A
member in good standing is defined as a current dues paid member with attendance at a minimum of 75%
of all FMCoC Director's meetings.
B. SUBRECIPIENT is required to utilize the FMCoC Coordinated Entry System for
all clients served under ESG.
C. COUNTY’s failure to inform SUBRECIPIENT of any reporting requirements shall not
relieve SUBRECIPIENT of compliance with any ESG eligibility and reporting requirements.
SUBRECIPIENT agrees, in accordance with the requirements of the ESG program, that ALL beneficiaries
of SUBRECIPIENT's activities provided under this Agreement must meet the following minimum criteria:
(1) Any individual or family provided with assistance through ESG must meet the
HUD definition of homeless and must be documented.
(2) The households targeted must be those most in need of this assistance and most
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likely to achieve stable housing, whether subsidized or unsubsidized, outside of ESG after the program
concludes.
D. If SUBRECIPIENT is providing Rapid Rehousing services, the beneficiary household
must be at or below 30% of the Area Median Income (AMI) for Fresno at re-evaluation as referenced in
Exhibit C, incorporated herein by reference and made part of this Agreement. If SUBRECIPIENT is
providing Homeless Prevention services, the beneficiary household must be at or below 30% of the AMI at
intake and re-evaluation. The AMI may change on a yearly basis and SUBRECIPIENT is required to use
the most recent version as provided by COUNTY.
E. SUBRECIPIENT is expected to meet all other ESG requirements as described in 24
CFR Part 576.
23. FRATERNIZATION
SUBRECIPIENT shall establish procedures addressing fraternization between
SUBRECIPIENT’s staff and clients. Such procedures will include provisions for informing
SUBRECIPIENT’s staff and clients regarding fraternization guidelines.
24. STATE ENERGY CONSERVATION
SUBRECIPIENT must comply with the mandatory standard and policies relating to energy
efficiency which are contain in the State Energy Conservation Plan issued in compliance with 42 United
States (US) Code sections 6321, et. seq.
25. CHARITABLE CHOICE
SUBRECIPIENT may not discriminate in its program delivery against a client or potential
client on the basis of religion or religious belief, a refusal to hold a religious belief, or a refusal to actively
participate in a religious practice. Any specifically religious activity or service made available to individuals
by the SUBRECIPIENT must be voluntary as well as separate in time and location from COUNTY funded
activities and services. SUBRECIPIENT shall inform COUNTY as to whether it is faith-based. If
SUBRECIPIENT identifies as faith-based, they must submit to DSS a copy of its policy on referring
individuals to alternate treatment SUBRECIPIENT, and include a copy of this policy in their client admission
forms. The policy must inform individuals that they may be referred to an alternative provider if they object
to the religious nature of the program, and include a notice to DSS. Adherence to this policy will be
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monitored during site reviews, and a review of client files. If SUBRECIPIENT identifies as faith-based, by
July 1 of each year SUBRECIPIENT will be required to report to DSS the number of individuals who
requested referrals to alternate providers based on religious objection.
26.PROHIBITION ON PUBLICITY
None of the funds, materials, property or services provided directly or indirectly under this
Agreement shall be used for SUBRECIPIENT’s advertising, fundraising, or publicity (i.e., purchasing of
tickets/tables, silent auction donations, etc.) for the purpose of self-promotion. Notwithstanding the above,
publicity of the services described in Paragraph One (1) of this Agreement shall be allowed as necessary to
raise public awareness about the availability of such specific services when approved in advance by the
Director or designee and at a cost as provided in Exhibit B for such items as written/printed materials, the
use of media (i.e., radio, television, newspapers) and any other related expense(s).
27.PUBLIC INFORMATION
SUBRECIPIENT shall disclose COUNTY as a funding source in all public information.
28.NOTICES
The persons and their addresses having authority to give and receive notices under this
Agreement include the following:
COUNTY SUBRECIPIENT
Director, COUNTY OF FRESNO Director Department of Social Services Marjaree Mason Center
P.O. Box 1912 1600 M Street Fresno, CA 93718-1912 Fresno, CA 93721
All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this
Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
personal service is effective upon service to the recipient. A notice delivered by first-class United States
mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
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completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
beginning with section 810).
29. GOVERNING LAW
Venue for any action arising out of or related to this Agreement shall only be in Fresno
County, California.
The rights and obligations of the parties and all interpretation and performance of this
Agreement shall be governed in all respects by the laws of the State of California.
30. CHANGE OF LEADERSHIP/MANAGEMENT
In the event of any change in the status of SUBRECIPIENT’s leadership or management,
SUBRECIPIENT shall provide written notice to COUNTY within thirty (30) days from the date of change.
Such notification shall include any new leader or manager’s name, address and qualifications. “Leadership
or management” shall include any employee, member, or owner of SUBRECIPIENT who either a) directs
individuals providing services pursuant to this Agreement, b) exercises control over the manner in which
services are provided, or c) has authority over SUBRECIPIENT’s finances.
31. LOBBYING ACTIVITY
None of the funds provided under this Agreement shall be used for publicity, lobbying or
propaganda purposes designed to support or defeat legislation pending in the Congress of the United
States of America or the Legislature of the State of California.
32. POLITICAL ACTIVITY
SUBRECIPIENT shall not directly or indirectly use any of the funds under this Agreement for
any political activity or to further the election or defeat of any candidate for public office.
33. NEPOTISM
Except by written consent of COUNTY, no person shall be employed by SUBRECIPIENT
who is related by blood or marriage to any member of the Board of Directors or any officer of
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SUBRECIPIENT.
34.SUPPLEMENTAL SOURCES
SUBRECIPIENT shall not use any funds under this Agreement to the extent that there are
any other existing or contemplated funds available to SUBRECIPIENT to be expended for the same
services covered by this Agreement. Upon confirmation that SUBRECIPIENT has received funds from any
other source to conduct the same services covered by this Agreement, COUNTY shall have the right to
reduce its payment amount accordingly.
35.COMPLIANCE WITH APPLICABLE LAWS
SUBRECIPIENT shall comply with all rules and regulations established pursuant to Housing
and Urban Development regulations at 24 CFR Part 576, as revised by the Emergency Solutions Grant and
Consolidated Plan conforming Amendments Interim Rule, published in the Federal Register on December
5, 2011 (79 Fed. Reg. 75954). SUBRECIPIENT must also comply with all applicable fair housing and civil
rights requirements in 24 CFR 5.105(a). SUBRECIPIENT and any subcontractors shall comply with all
applicable local, State, Federal laws, ordinances, regulations, and Fresno County Charter provisions
applicable to the performance of services.
36.MINIMUM DATA COLLECTION REQUIREMENTS
SUBRECIPIENT is required to collect and report client-level data in the local Homeless
Management Information System (HMIS) administered by the Fresno Housing Authority or a comparable
database if SUBRECIPIENT is a domestic violence provider. In the latter instance, all references to HMIS
shall be understood to refer to a comparable database. Reporting through HMIS is a requirement of ESG
funding. HMIS will be used to collect data and report on outputs and outcomes as required by HUD.
SUBRECIPIENT is required to enter all client intakes, provide regular updates and exit all clients once
services are completed.
At a minimum, SUBRECIPIENT must enter the following information in the FMCoC HMIS
database for federal reporting purposes:
(1)Name
(2)Social Security Number
(3)Date of Birth
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(4)Race
(5)Ethnicity
(6) Gender
(7)Veteran Status
(8)Disabling Condition
(9)Residence Prior to Program Entry
(10)Zip Code of Last Permanent Address
(11)Housing Status
(12)Program Entry Date
(13)Program Exit Date
(14)Personal Identification Number
(15)Household Identification Number
(16)Income and Sources
(17)Non-Cash Benefits
(18)Destination (Where Client Will Stay Upon Exit)
(19)Financial Services Provided
(20)Housing Relocation and Stabilization Services Provided
COUNTY reserves the right to add additional reporting requirements as required by HUD.
37.DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the SUBRECIPIENT is operating as a corporation (a
for-profit or non-profit corporation) or if during the term of the agreement, the SUBRECIPIENT changes
its status to operate as a corporation.
Members of the SUBRECIPIENT’s Board of Directors shall disclose any self-dealing
transactions that they are a party to while SUBRECIPIENT is providing goods or performing services
under this agreement. A self-dealing transaction shall mean a transaction to which the SUBRECIPIENT
is a party and in which one or more of its directors has a material financial interest. Members of the
Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and
signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit D and incorporated
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herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing
transaction or immediately thereafter.
38.SEVERABILITY
The provisions of this Agreement are severable. The invalidity or unenforceability of any
one provision in the Agreement shall not affect the other provisions.
39.ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the SUBRECIPIENT and
COUNTY with respect to the subject matter hereof and supersedes all previous Agreement negotiations,
proposals, commitments, writings, advertisements, publications, and understanding of any nature
whatsoever unless expressly included in this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
first hereinabove written .
. 3
,4 SUBRECIPIENT:
MARJAm,::.E/j1ASbN CENTER; INC.
S· By·\~~~~1v~i~
; P~n;:.ame: t4;fbl.e. LJNJ9,r
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Titlei~0IT,~ V Q 0Jf1th5t
Chairman of the Board, or
President, or any Vice President
t~ . . By: '60: :::0 . ~,~· t~
Print ~ame:; J~:t:>?ls.'tlt~!f, ,J<le;tttv!l
Title: \J\N';&C.k°c-£ · ;rt . t,(l:«h l.~ •
Secretary ( of Corporation):' or
any Assistant Secretary, or
Chief Financial Officer, or
any AssistantTreasurer
Mailing. Address:
Marjaree Mason Center
1600 M Street
Fresno, CA 93721
Phone No: (559} 784-1320
Nathan Magsig, Chairman of the
Board of Supervisors of thEf
County of Fresno
ATTEST:
BERNICE E. SEIDEL
Clerk of the Board of Supervisors
County of Fresno, State of California
By:~45
Deputy
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Contact: Leticia Campos, Director of Client Services
FOR ACCOUNTING USE ONLY:
Fund/Subclass: 0001/10000
ORG No.: 56107001
Account No.: 7876
2j OEN:jk
Exhibit A
Page 1 of 3
SUMMARY OF SERVICES
ORGANIZATION: Marjaree Mason Center, Inc.
ADDRESS: 1600 M Street, Fresno, CA 93721
SERVICE ADDRESS: Confidential Location
TELEPHONE: (559) 487-1320
CONTACT: Leticia Campos, Director of Client Services
EMAIL: Leticia@MMCenter.org
SERVICES: Emergency Shelter & Rapid Rehousing
SUMMARY OF SERVICES
Marjaree Mason Center, Inc. (MMC) will provide Emergency Shelter and Rapid
Rehousing services for those unsheltered homeless individuals and families fleeing
domestic violence and provide the services necessary to help the participants regain
stable housing. Participants may be referred to MMC by law enforcement, healthcare
providers, victim advocates, MMC’s 24/7 crisis support hotline, family, friends, or other
service agencies.
The goal of the Emergency Shelter program is to place participants into safe,
confidential housing with on-site supportive services, including, but not limited to:
shelter, meals, bi-weekly case management, laundry, linkages to resources, dependent
care, counseling, support groups, parenting classes, domestic violence education, life-
skills classes, and legal assistance.
The goal of the Rapid Rehousing program is to stabilize and assist participating
households in becoming financially independent. Households will receive centralized
coordinated assessments through the Fresno Madera Continuum of Care (FMCoC) and
an initial evaluation for services, housing search and placement, housing stabilization
supports, case management, credit repair, and linkages to supportive services such as
counseling and legal services. Participants may receive short-term rental assistance for
first month’s rent, security/pet deposits, and utility deposits.
MMC (SUBRECIPIENT) RESPONSIBILITIES
•Provide Emergency Shelter and Rapid Rehousing services described in the
Summary of Services and as detailed in MMC’s response to County’s RFP
18-032.
Exhibit A
Page 2 of 3
•Follow all applicable Federal Housing and Urban Development (HUD)
Emergency Solutions Grant (ESG) regulations, policies, and procedures,
including but not limited to: (1) Complete initial consultation with the individual or
family to determine eligibility in accordance with the coordinated assessment
requirements set forth under 24 DVR 576.400(d) and the associated written
standards established, (2) Verify at re-evaluation a Rapid Rehousing household’s
annual income as at or below 30% of the area’s median income, and (3) Verify
the participant’s homeless status using the HUD ESG definitions.
•Ensure Client Service Advocates are available 24/7 to residential participants
and hotline callers for safety planning and crisis intake assessments.
•Refer and/or transport those not eligible for MMC services to other appropriate
service providers.
•Complete coordinated entry-approved assessments and enter all required data
into HMIS within 24-hours of program entry.
•Develop case plans for households receiving Emergency Shelter services that
address the members’ immediate health, safety, legal, emotional, and
therapeutic needs.
•Provide hotel/motel vouchers, in accordance with ESG regulations, to homeless
households when the Emergency Shelter is full.
•Comply with all shelter and housing habitability standards as identified in 24 CFR
576.403.
•Utilize the FMCoC Coordinated Entry System for all clients served under ESG.
•Keep apprised of and comply with any and all other federal, state, or local ESG
shelter regulations.
•Provide 100% in ESG matching funds for this contract. Documentation of the
match must be maintained and provided to County upon request.
COUNTY RESPONSIBILITIES
•Meet with MMC staff monthly, or as often as needed, for service coordination,
problem/issue resolution, information sharing, training, and review and
monitoring of services.
MONTHLY REPORTS AND OUTCOMES
Subrecipient shall provide complete and accurate monthly activity reports to the County
of Fresno, in a report format approved by the County by the 10th of each month. The
following outcomes are to be met:
•Provide approximately 38 households (125 individuals) with Emergency Shelter
Services during the contract period. 100% of households served shall receive:
o a crisis intake assessment to determine their needs,
o emergency shelter upon leaving an abusive relationship,
o a meeting with their assigned Case Manager within 48-hours of
admission,
Exhibit A
Page 3 of 3
o education on healthy relationships and the cycle of domestic violence,
o a case plan for each household member (adults and children), and
o assistance in obtaining all mainstream resources and funding the
household may be eligible for.
•Of the households receiving Emergency Shelter Services:
o 67% will work with their Case Manager to develop a more comprehensive
case plan for employment, education, child care, and long-term housing
goals (while still focusing on emotional and legal needs).
o 67% will have the adult(s) participate in life skills, parenting, or
mother/infant classes, or other groups intended to rebuild self-sufficiency
and child/parent relationships.
o 30% will be referred for a clinical assessment to screen for counseling
needs.
o 30% will have the adult(s) be referred to local employment training and
placement programs in the community.
•100% of homeless households not eligible for MMC Emergency Shelter Services
will be provided with referrals and transported to alternate shelter service
providers within the FMCoC.
•Provide 6 households with Rapid Rehousing services during the contract period.
o 83% (5 households) will maintain or increase income during the program.
o 67% (4 households) will remain in housing 6 months after exiting the
Rapid Rehousing program.
•Provide 10 households with moving assistance during the contract period.
Exhibit B
BUDGET
ORGANIZATION: Marjaree Mason Center, Inc.
SERVICES: Emergency Shelter & Rapid Rehousing
CONTRACT TERM: May 14, 2019 to August 16, 2019
CONTRACT AMOUNT: $58,480.09
Eligible Costs Amount
ESG: EMERGENCY SHELTER
Client Services Advocate
Case Manager
Personnel Benefits
Total Essential Personnel & Benefits $30,777.00
Utilities & Telephone
Repairs & Maintenance
Hotel/Motel Vouchers
Total Operating Services Budget $14,902.72
ESG: EMERGENCY SHELTER SUBTOTAL $45,679.72
ESG: RAPID REHOUSING
Security Deposits
Rental Assistance
Moving Assistance and Storage Costs
Utility Deposits & Utility Payments
Total Rapid Rehousing Budget $10,500.10
ESG: ADMINISTRATION
Emergency Shelter & Rapid Rehousing Administration
Admin Subtotal $2,300.27
TOTAL $58,480.09
Exhibit C
THIRTY PERCENT INCOME L:tMI:TS STATE:CALIFORNIA
Bakersfield, CA MSA
Chico, CA MSA
El Centro, CA MSA
Fresno, CA MSA'
Hanford-Corcoran, CA MSA
MEDIAN
58700
60500
48200
:_55500:
55400
Los Angeles-Long Beach-Anaheim, CA MSA
Santa Ana-Anaheim-Irvine, CA HM 92700
Los Angeles-Long Beach-Glendale,69300
Madera, CA MSA 55200
Merced, CA MSA 48200
Modesto, CA MSA 60700
Napa, CA MSA 88500
Oxnard-Thousand Oaks-Ventura, CA 96000
Redding, CA MSA 61400
Riverside-San Bernardino-Ontario 65800
Sacramento-Roseville-Arden-Arcade, CAMS Sacramento--Roseville--A.rden-A.rc80100
Yolo, CA HMFA 85100
Salinas, CA MSA
San Diego-Carlsbad, CA MSA
69100
81800
San Francisco-Oakland-Hayward, CA MSA
Oakland-Fremont, CA HMFA 104400
San Francisco, CA HMFA 118400
San Jose-Sunnyvale-Santa Clara, CA MSA San Benito County, CA HMFA 79800 San Jose-Sunnyvale-Santa Clara, 125200
San Luis Obispo-Paso Robles -Arro 80600
PAGE 10 -------------------301 LOW INCOME LIMI TS---------------------------
1 PERSON 2 PERSON 3 PERSON 4 PERSON 5 PERSON 6 PERSON 7 PERSON 8 PERSON
12550
12750
12550
:_12550:
12550
23000 20350
12550
12550
12750
19300
21300
12900
14150
16850
17500
17550
20450
24400
30800
19600
27950
17500
14350
14550
14350
,14350;
14350
26250
23250
14350
14350
14600
22050
24350
14750
16200
19250
20000
20050
23400
27900
35200
22400
31950
20000
16150
16350
16150
�16150;
16150
29550
26150
16150
16150
16400
24800
27400
16600
18200
21650
22500
22550
26300
31400
39600
25200 35950
22500
17900
18150
17900
;17900;
17900
32800
29050
17900
17900
18200
27550
30400
18400
20200
24050 24950
25050
29200
34850
44000
27950
39900
24950
19350
19650
19350
;19350;
19350
35450
31400
19350
19350
19700
29800
32850
19900
21850
26000 26950
27100
31550
37650
47550
30200 43100
26950
20800
21100
20800
20800
38050
33700
20800
20800
21150
32000
35300
21350
23450
27900
28950
29100
33900
40450
51050
32450
46300
28950
22200
22550
22200
c22200;
22200
40700
36050
22200
22200
22600
34200
37700
22850
25050
29850
30950
31100
36250
43250
54600
34700
49500
30950
23650
24000
23650
:.23650
23650
43300
38350
23650
23650
24050
36400
40150
24300
26700
31750
32950
33100
38550
46050
58100
36900
52700
32950
U.S. Department of Housing and Urban Deve lopment. April 2018. ESG Income Limits.
Retrieved from http://www.hudexchange.info/resource/ 5079 / esg-income-limits/
Exhibit D
Page 1 of 2
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as “County”),
members of a contractor’s board of directors (hereinafter referred to as “County Contractor”), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest”
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1)Enter board member’s name, job title (if applicable), and date this disclosure is being made.
(2)Enter the board member’s company/agency name and address.
(3)Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a.The name of the agency/company with which the corporation has the transaction; and
b.The nature of the material financial interest in the Corporation’s transaction that the
board member has.
(4)Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5)Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
Exhibit D
Page 1 of 2
(1)Company Board Member Information:
Name: Date:
Job Title:
(2)Company/Agency Name and Address:
(3)Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a):
(5)Authorized Signature
Signature: Date: