HomeMy WebLinkAboutAgreement A-25-252 with Fresno Housing Authority.pdf Agreement No. 25-252
1 SERVICE AGREEMENT
2 This Service Agreement ("Agreement") is dated June 10, 2025 and is between
3 Housing Authority of the City of Fresno, a California public body corporate and politic
4 ("Contractor"), whose address is 1331 Fulton Street, Fresno CA 93721, and the County of
5 Fresno, a political subdivision of the State of California ("County").
6 Recitals
7 The County administers funding from various sources, each with the requirement to
8 organize data through a single Homeless Management Information System (HMIS) pursuant to
9 Assembly Bill 977.
10 A. The County continues to have a significant population of homeless and housing insecure
11 families and a need for an HMIS. The County's homelessness response uses data from the
12 HMIS. The County and specified vendors require HMIS training, licensing, reporting and
13 technical support.
14 B. The Department of Housing and Urban Development requires a single entity to oversee
15 the HMIS for a continuum of care, and for the Fresno Madera Continuum of Care region.
16 Contractor is the only entity authorized to facilitate HMIS services in the Fresno Madera
17 Continuum of Care.
18 C. The County, through DSS has entered into agreements for Homeless Housing
19 Assistance and Prevention (HHAP) grant funds awarded County and the Fresno Madera
20 Continuum of Care with the State of California (Agreement No.23-HHAP10021, Exhibit A),
21 copies of which are attached and incorporated herein by this reference. Services provided by
22 Subrecipient under this Agreement shall be funded with HHAP funding and, therefore,
23 Subrecipient shall be aware of, agree to, and comply with all State requirements governing use
24 of the HHAP funds, and all conditions in Exhibit A. Failure to comply with these requirements
25 and conditions may result in termination of this Agreement pursuant to Article Six (6) of this
26 Agreement
27 D. Services provided by Contractor under this Agreement shall be funded with Subsequent
28 rounds of HHAP funding, not yet awarded. Once funding is awarded, agreements executed by
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1 the State of California and the County of Fresno shall be provided to the Contractor shall be
2 subject to requirements of subsequent agreements as noted in Section C above.
3 E. The County has previously partnered with the Contractor who has expertise and is willing
4 to provide said services pursuant to the terms and conditions of this Agreement. The parties
5 therefore agree as follows:
6 Article 1
7 Contractor's Services
8 1.1 Scope of Services. The Contractor shall perform all of the services provided in
9 Exhibit B to this Agreement, titled "Scope of Services," and pursuant to the expenses detailed in
10 Exhibit C, titled "Compensation."
11 1.2 Representation. The Contractor represents that it is qualified, ready, willing, and
12 able to perform all of the services provided in this Agreement.
13 1.3 Compliance with Laws. The Contractor shall, at its own cost, comply with all
14 applicable federal, state, and local laws and regulations in the performance of its obligations
15 under this Agreement, including but not limited to workers compensation, labor, and
16 confidentiality laws and regulations.
17 Article 2
18 County's Responsibilities
19 2.1 The County shall meet all obligations provided in Exhibit B to this Agreement, titled
20 "Scope of Services."
21 Article 3
22 Compensation, Invoices, and Payments
23 3.1 The County agrees to pay, and the Contractor agrees to receive, compensation for
24 the performance of its services under this Agreement as described in Exhibit C to this
25 Agreement, titled "Compensation."
26 3.2 The services provided by the Contractor under this Agreement are funded in whole
27 or in part by the State of California and/or the United States Federal government. In the event
28 that funding for these services is delayed by the State Controller or the Federal government, the
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1 County may defer payment to the Contractor. The amount of the deferred payment shall not
2 exceed the amount of funding delayed to the County. The period of time of the deferral by the
3 County shall not exceed the period of time of the State Controller's or Federal government's
4 delay of payment to County plus forty-five (45) days.
5 3.3 Maximum Compensation. In no event shall compensation paid for services
6 performed under this Agreement be in excess of Two Hundred Thirty-Five Thousand and
7 no/100 ($235,000)for the entire term of this Agreement.
8 3.4 The Contractor acknowledges that the County is a local government entity, and does
9 so with notice that the County's powers are limited by the California Constitution and by State
10 law, and with notice that the Contractor may receive compensation under this Agreement only
11 for services performed according to the terms of this Agreement and while this Agreement is in
12 effect, and subject to the maximum amount payable under this section. The Contractor further
13 acknowledges that County employees have no authority to pay the Contractor except as
14 expressly provided in this Agreement.
15 3.5 Invoices. The Contractor shall submit monthly invoices in attention to Staff Analyst
16 to: )SSlnvoices(a)_fresnocountyca.gov. The Contractor shall submit each invoice within 30 days
17 following the month in which expenses were incurred and services rendered, and in any case
18 within 60 days after the end of the term or termination of this Agreement. Contractor shall
19 submit invoices to the County each month with a detailed general ledger (GL), itemizing costs
20 incurred in the previous month, along with supporting documentation of costs. Failure to submit
21 GL reports and supporting documentation shall be deemed sufficient cause for County to
22 withhold payments until there is compliance, as further described in Section 3.7 herein.
23 Supporting documentation shall include but is not limited to receipts, invoices received, and
24 documented administrative / overhead costs. No reimbursement for services shall be made until
25 invoices, reports and outcomes are received, reviewed and approved by County's DSS. Proof of
26 payment may be required for certain funding streams and will be made available by the
27 Contractor as requested by the County.
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1 3.6 Payment. The County shall pay each correctly completed and timely submitted
2 invoice within 45 days after receipt. If an invoice is incorrect or otherwise not in proper form or
3 detail, County's DSS Director or designee shall have the right to withhold payment as to only
4 that portion of the invoices that is incorrect or improper, after five (5) days prior written notice or
5 email correspondence to Contractor. The County shall remit any payment to the Contractor's
6 address specified in the invoice.
7 3.7 Incidental Expenses. The Contractor is solely responsible for all of its costs and
8 expenses that are not specified as payable by the County under this Agreement.
9 Article 4
10 Term of Agreement
11 4.1 Term. This Agreement is effective on July 1, 2025, and terminates on June 30, 2030.
12 Article 5
13 Notices
14 5.1 Contact Information. The persons and their addresses having authority to give and
15 receive notices provided for or permitted under this Agreement include the following:
16 For the County:
Director of Department of Social Services
17 County of Fresno
P.O. Box 1912
18 Fresno, CA 93718-1912
19 For the Contractor:
Tyrone Roderick Williams, Chief Executive Officer
20 Fresno Housing Authority of the City of Fresno
1331 Fulton Street
21 Fresno, CA 93721
22 5.2 Change of Contact Information. Either party may change the information in section
23 5.1 by giving notice as provided in section 5.3.
24 5.3 Method of Delivery. Each notice between the County and the Contractor provided
25 for or permitted under this Agreement must be in writing, state that it is a notice provided under
26 this Agreement, and be delivered either by personal service, by first-class United States mail, by
27 an overnight commercial courier service, by telephonic facsimile transmission, or by a Portable
28 Document Format (PDF) document attached to an email.
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1 (A) A notice delivered by personal service is effective upon service to the recipient.
2 (B) A notice delivered by first-class United States mail is effective three County
3 business days after deposit in the United States mail, postage prepaid, addressed to the
4 recipient.
5 (C)A notice delivered by an overnight commercial courier service is effective one
6 County business day after deposit with the overnight commercial courier service,
7 delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
8 the recipient.
9 (D)A notice delivered by telephonic facsimile transmission or by PDF document
10 attached to an email is effective when transmission to the recipient is completed (but, if
11 such transmission is completed outside of County business hours, then such delivery is
12 deemed to be effective at the next beginning of a County business day), provided that
13 the sender maintains a machine record of the completed transmission.
14 5.4 Claims Presentation. For all claims arising from or related to this Agreement,
15 nothing in this Agreement establishes, waives, or modifies any claims presentation
16 requirements or procedures provided by law, including the Government Claims Act (Division 3.6
17 of Title 1 of the Government Code, beginning with section 810).
18 Article 6
19 Termination and Suspension
20 6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
21 contingent on the approval of funds by the appropriating government agency. If sufficient funds
22 are not allocated, then the County, upon at least 30 days' advance written notice to the
23 Contractor, may:
24 (A) Modify the services provided by the Contractor under this Agreement; or
25 (B) Terminate this Agreement.
26 6.2 Termination for Breach.
27 (A) Upon determining that a breach (as defined in paragraph (C) below) has
28 occurred, the County may give written notice of the breach to the Contractor. The written
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1 notice may suspend performance under this Agreement, and must provide at least 30
2 days for the Contractor to cure the breach.
3 (B) If the Contractor fails to cure the breach to the County's satisfaction within the
4 time stated in the written notice, the County may terminate this Agreement immediately.
5 (C) For purposes of this section, a breach occurs when, in the determination of the
6 County, the Contractor has:
7 (1) Obtained or used funds illegally or improperly;
8 (2) Failed to comply with any part of this Agreement;
9 (3) Submitted a substantially incorrect or incomplete report to the County; or
10 (4) Improperly performed any of its obligations under this Agreement.
11 6.3 Termination without Cause. In circumstances other than those set forth above, the
12 County or Contractor may terminate this Agreement by giving at least 30 days advance written
13 notice to the Contractor.
14 6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County
15 under this Article 6 is without penalty to or further obligation of the County.
16 6.5 County's Rights upon Termination. Upon termination for breach under this Article
17 6, the County may demand repayment by the Contractor of any monies disbursed to the
18 Contractor under this Agreement that, in the County's sole judgment, were not expended in
19 compliance with this Agreement. The Contractor shall promptly refund all such monies upon
20 demand. This section survives the termination of this Agreement.
21 Article 7
22 Independent Contractor
23 7.1 Status. In performing under this Agreement, the Contractor, including its officers,
24 agents, employees, and volunteers, is at all times acting and performing as an independent
25 Contractor, in an independent capacity, and not as an officer, agent, servant, employee, joint
26 venturer, partner, or associate of the County.
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1 7.2 Verifying Performance. The County has no right to control, supervise, or direct the
2 manner or method of the Contractor's performance under this Agreement, but the County may
3 verify that the Contractor is performing according to the terms of this Agreement.
4 7.3 Benefits. Because of its status as an independent Contractor, the Contractor has no
5 right to employment rights or benefits available to County employees. The Contractor is solely
6 responsible for providing to its own employees all employee benefits required by law. The
7 Contractor shall save the County harmless from all matters relating to the payment of
8 Contractor's employees, including compliance with Social Security withholding and all related
9 regulations.
10 7.4 Services to Others. The parties acknowledge that, during the term of this
11 Agreement, the Contractor may provide services to others unrelated to the County.
12 Article 8
13 Indemnity and Defense
14 Indemnity. The Contractor shall indemnify and hold harmless and defend the County (including
15 its officers, agents, employees, and volunteers) against all claims, demands, injuries, damages,
16 costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind
17 (collectively, "Claims") to the County, the Contractor, or any third party that arise from or relate
18 to the performance or failure to perform by the Contractor (or any of its officers, agents,
19 subcontractors, or employees) under this Agreement. The County may conduct or participate in
20 its own defense without affecting the Contractor's obligation to indemnify and hold harmless or
21 defend the County. The obligations of Contractor under this Article 8 shall not apply to sole
22 Claims caused by the negligence or willful actions caused by the County.
23 8.1 Survival. This Article 8 survives the termination of this Agreement.
24 Article 9
25 Insurance
26 9.1 The Contractor shall comply with all the insurance requirements in Exhibit D to this
27 Agreement.
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1 Article 10
2 Inspections, Audits, Record Maintenance, and Public Records
3 10.1 Inspection of Documents. The Contractor shall make available to the County, and
4 the County may examine at any time during business hours and as often as the County deems
5 necessary, all of the Contractor's records and data with respect to the matters covered by this
6 Agreement, excluding attorney-client privileged communications. The Contractor shall, upon
7 request by the County, permit the County to audit and inspect all of such records and data to
8 ensure the Contractor's compliance with the terms of this Agreement.
9 10.2 State Audit Requirements. If the compensation to be paid by the County under this
10 Agreement exceeds $10,000, the Contractor is subject to the examination and audit of the
11 California State Auditor, as provided in Government Code section 8546.7, for a period of three
12 years after final payment under this Agreement. This section survives the termination of this
13 Agreement.
14 10.3 Single Audit Clause. If Contractor expends One Million Dollars ($1,000,000) or
15 more in Federal and Federal flow-through monies annually, Contractor agrees to conduct an
16 annual audit in accordance with the requirements of the Single Audit Standards as set forth in
17 Office of Management and Budget (OMB) Title 2 of the Code of Federal Regulations Part 200.
18 Contractor shall submit said audit and management letter to County. The audit must include a
19 statement of findings or a statement that there were no findings. If there were negative findings,
20 Contractor must include a corrective action signed by an authorized individual. Contractor
21 agrees to take action to correct any material non-compliance or weakness found as a result of
22 such audit. Such audit shall be delivered to County's DSS, Administration, for review within nine
23 (9) months of the end of any fiscal year in which funds were expended and/or received for the
24 program. Failure to perform the requisite audit functions as required by this Agreement may
25 result in County performing the necessary audit tasks, or at County's option, contracting with a
26 public accountant to perform said audit, or, may result in the inability of County to enter into
27 future agreements with Contractor. All audit costs related to this Agreement are the sole
28 responsibility of Contractor.
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1 10.4 Program Audit Requirements. A single audit report is not applicable if all
2 Contractor's Federal contracts do not exceed the One Million Dollars ($1,000,000) requirement
3 or Contractor's funding is through Drug related Medi-Cal. If a single audit is not applicable, a
4 program audit must be performed and a program audit report with management letter shall be
5 submitted by Contractor to County as a minimum requirement to attest to Contractor's solvency.
6 Said audit report shall be delivered to County's DSS, Administration, for review no later than
7 nine (9) months after the close of the fiscal year in which the funds supplied through this
8 Agreement are expended. Failure to comply with this Act may result in County performing the
9 necessary audit tasks or contracting with a qualified accountant to perform said audit. All audit
10 costs related to this Agreement are the sole responsibility of Contractor who agrees to take
11 corrective action to eliminate any material noncompliance or weakness found as a result of such
12 audit. Audit work performed by County under this paragraph shall be billed to the Contractor at
13 County cost, as determined by County's Auditor-Controller/Treasurer-Tax Collector.
14 10.5 Record Establishment and Maintenance. Contractor shall establish and maintain
15 records in accordance with those requirements prescribed by County, with respect to all matters
16 covered by this Agreement. Contractor shall retain all fiscal books, account records and client
17 files for services performed under this Agreement for at least five (5) years from date of final
18 payment under this Agreement or until all State and Federal audits are completed for that fiscal
19 year, whichever is later.
20 (A) Cost Documentation. Contractor agrees to maintain records to verify costs under
21 this Agreement including a General Ledger, properly executed payrolls, time records,
22 invoices, vouchers, orders, proof of payment, and any other accounting documents
23 pertaining in whole or in part to this Agreement and they shall be clearly identified and
24 readily accessible. The support documentation must indicate the line budget account
25 number to which the cost is charged.
26 (B) Service Documentation. Contractor agrees to maintain records to verify services
27 under this Agreement including names and addresses of clients served, if applicable,
28 and the dates of service and a description of services provided on each occasion. These
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1 records and any other documents pertaining in whole or in part to this Agreement shall
2 be clearly identified and readily accessible.
3 (C) County shall notify Contractor in writing within thirty (30) days of any potential
4 State or Federal audit exception discovered during an examination. Where findings
5 indicate that program requirements are not being met and State or Federal participation
6 in this program may be imperiled in the event that corrections are not accomplished by
7 Contractor within thirty (30) days of receipt of such notice from County, written
8 notification thereof shall constitute County's intent to terminate this Agreement
9 10.6 Public Records. The County is not limited in any manner with respect to its public
10 disclosure of this Agreement or any record or data that the Contractor may provide to the
11 County. The County's public disclosure of this Agreement or any record or data that the
12 Contractor may provide to the County may include but is not limited to the following:
13 (A) The County may voluntarily, or upon request by any member of the public or
14 governmental agency, disclose this Agreement to the public or such governmental
15 agency.
16 (B) The County may voluntarily, or upon request by any member of the public or
17 governmental agency, disclose to the public or such governmental agency any record or
18 data that the Contractor may provide to the County, unless such disclosure is prohibited
19 by court order.
20 (C)This Agreement, and any record or data that the Contractor may provide to the
21 County, is subject to public disclosure under the Ralph M. Brown Act (California
22 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
23 (D)This Agreement, and any record or data that the Contractor may provide to the
24 County, is subject to public disclosure as a public record under the California Public
25 Records Act (California Government Code, Title 1, Division 7, Chapter 3.5, beginning
26 with section 6250) ("CPRA").
27 1H
28 1H
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1 (E) This Agreement, and any record or data that the Contractor may provide to the
2 County, is subject to public disclosure as information concerning the conduct of the
3 people's business of the State of California under California Constitution, Article 1,
4 section 3, subdivision (b).
5 (F) Any marking of confidentiality or restricted access upon or otherwise made with
6 respect to any record or data that the Contractor may provide to the County shall be
7 disregarded and have no effect on the County's right or duty to disclose to the public or
8 governmental agency any such record or data.
9 (G) Notwithstanding sections A-F above, any information protected by law shall not
10 be subject to public disclosure.
11 10.7 Public Records Act Requests. If the County receives a written or oral request
12 under the CPRA to publicly disclose any record that is in the Contractor's possession or control,
13 and which the County has a right, under any provision of this Agreement or applicable law, to
14 possess or control, then the County may demand, in writing, that the Contractor deliver to the
15 County, for purposes of public disclosure, the requested records that may be in the possession
16 or control of the Contractor. Within five business days after the County's demand, the
17 Contractor shall (a) deliver to the County all of the requested records that are in the Contractor's
18 possession or control, together with a written statement that the Contractor, after conducting a
19 diligent search, has produced all requested records that are in the Contractor's possession or
20 control, or (b) provide to the County a written statement that the Contractor, after conducting a
21 diligent search, does not possess or control any of the requested records. The Contractor shall
22 cooperate with the County with respect to any County demand for such records. If the
23 Contractor wishes to assert that any specific record or data is exempt from disclosure under the
24 CPRA or other applicable law, it must deliver the record or data to the County and assert the
25 exemption by citation to specific legal authority within the written statement that it provides to
26 the County under this section. The Contractor's assertion of any exemption from disclosure is
27 not binding on the County, but the County will give at least 10 days' advance written notice to
28 the Contractor before disclosing any record subject to the Contractor's assertion of exemption
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1 from disclosure. The Contractor shall indemnify the County for any court-ordered award of costs
2 or attorney's fees under the CPRA that results from the Contractor's delay, claim of exemption,
3 failure to produce any such records, or failure to cooperate with the County with respect to any
4 County demand for any such records.
5 Article 11
6 Disclosure of Self-Dealing Transactions and Conflict of Interest
7 11.1 Applicability. This Article 11 applies if the Contractor is operating as a corporation,
8 or changes its status to operate as a corporation.
9 11.2 Duty to Disclose. If any member of the Contractor's board of directors is party to a
10 self-dealing transaction, he or she shall disclose the transaction by completing and signing a
11 "Self-Dealing Transaction Disclosure Form" (Exhibit E to this Agreement) and submitting it to the
12 County before commencing the transaction or immediately after.
13 11.3 Definition. "Self-dealing transaction" means a transaction to which the Contractor is
14 a party and in which one or more of its directors, as an individual, has a material financial
15 interest.
16 11.4 Conflict of Interest. No officer, employee or agent of the County who exercises any
17 function or responsibility for planning and carrying out of the services provided under this
18 Agreement shall have any direct or indirect personal financial interest in this Agreement. In
19 addition, no employee of the County shall be employed by the Contractor under this Agreement
20 to fulfill any contractual obligations with the County. The Contractor shall comply with all
21 Federal, State of California and local conflict of interest laws, statutes and regulations, which
22 shall be applicable to all parties and beneficiaries under this Agreement and any officer,
23 employee or agent of the County.
24 Article 12
25 Confidentiality and Data Security
26 All services performed by Contractor under this Agreement shall be in strict conformance
27 with all applicable Federal, State of California and/or local laws and regulations relating to
28 confidentiality. For the purpose of preventing the potential loss, misappropriation or inadvertent
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1 disclosure of County data including sensitive or personal client information; abuse of County
2 resources; and/or disruption to County operations, individuals and/or agencies that enter into a
3 contractual relationship with County for the purpose of providing services under this Agreement
4 must employ adequate data security measures to protect the confidential information provided
5 to Contractor by County, including but not limited to the following:
6 (A) Contractor-Owned Mobile/Wireless/Handheld Devices may not be connected to
7 County networks via personally owned mobile, wireless or handheld devices, except
8 when authorized by County for telecommuting and then only if virus protection software
9 currency agreements are in place, and if a secure connection is used.
10 (B) Contractor-Owned Computers or Computer Peripherals may not be brought into
11 County for use, including and not limited to mobile storage devices, without prior
12 authorization from County's Chief Information Officer or their designee. Data must be
13 stored on a secure server approved by County and transferred by means of a VPN
14 (Virtual Private Network) connection, or another type of secure connection of this type if
15 any data is approved to be transferred.
16 (C) County-Owned Computer Equipment— Contractor or anyone having an
17 employment relationship with County may not use County computers or computer
18 peripherals on non-County premises without prior authorization from County's Chief
19 Information Officer or their designee.
20 (D) Contractor may not store County's private, confidential or sensitive data on any
21 hard-disk drive.
22 (E) Contractor is responsible to employ strict controls to ensure the integrity and
23 security of County's confidential information and to prevent unauthorized access to data
24 maintained in computer files, program documentation, data processing systems, data
25 files and data processing equipment which stores or processes County data internally
26 and externally.
27 (F) Confidential client information transmitted to one party by the other by means of
28 electronic transmissions must be encrypted according to Advanced Encryption
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1 Standards (AES) of 128 BIT or higher. Additionally, a password or pass phrase must be
2 utilized.
3 (G)Contractor is responsible to immediately notify County of any breaches or
4 potential breaches of security related to County's confidential information, data
5 maintained in computer files, program documentation, data processing systems, data
6 files and data processing equipment which stores or processes County data internally or
7 externally.
8 (H) Contractor shall require its subcontractors to comply with the provisions of this
9 Data Security section.
10 Article 13
11 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
12 Lower Tier Covered Transactions.
13 13.1 County and Contractor recognize that Contractor is a recipient of State or Federal
14 assistance funds under the terms of this Agreement. By signing this Agreement, Contractor
15 agrees to comply with applicable Federal suspension and debarment regulations, including but
16 not limited to: 7 CFR 3016.35, 29 CRF 97.35, 45 CFR 92.35, and Executive Order 12549. By
17 signing this Agreement, Contractor attests to the best of its knowledge and belief, that it and its
18 principals:
19 (A) Are not presently debarred, suspended, proposed for debarment, declared
20 ineligible, or voluntarily excluded from participation in this transaction by any Federal
21 department or agency; and
22 (B) Shall not knowingly enter into any lower tier covered transaction with an entity or
23 person who is debarred, suspended, proposed for debarment, declared ineligible, or
24 voluntarily excluded from participation in this transaction by any Federal department or
25 agency.
26 (C) Contractor shall provide immediate written notice to County if at any time during
27 the term of this Agreement Contractor learns that the representations it makes above
28 were erroneous when made or have become erroneous by reason of changed
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1 circumstances.
2 13.2 Contractor shall include a clause titled "Certification Regarding Debarment,
3 Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transactions" and
4 similar in nature to this Article Thirteen (13) in all lower tier covered transactions and in all
5 solicitations for lower tier covered transactions.
6 13.3 Contractor shall, prior to soliciting or purchasing goods and services in excess of
7 $25,000 funded by this Agreement, review and retain the proposed vendor's suspension and
8 debarment status at https://sam.gov/SAM/.
9 13.4 The certification in Article Thirteen (13) of this Agreement is a material representation
10 of fact upon which County relied in entering into this Agreement.
11 Article 14
12 General Terms
13 14.1 Modification. Except as provided in Article 6, "Termination and Suspension," this
14 Agreement may not be modified, and no waiver is effective, except by written consent by both
15 parties. The Contractor acknowledges that County employees have no authority to modify this
16 Agreement except as expressly provided in this Agreement.
17 (A) Changes to line items in the Exhibit C, Compensation, in an amount not to
18 exceed 10% of the maximum annual compensation payable to the Contractor may be
19 made with the written approval of County's DSS Director or their designee. Said
20 modifications shall not result in any changes to the maximum compensation amount
21 payable to Contractor, as stated in this Agreement.
22 (B) Contractor agrees that reductions to the maximum compensation set forth under
23 Article Three (3) of this Agreement may be necessitated by a reduction in funding from
24 State or Federal sources. Any such reduction to the maximum compensation may be
25 made with the written approval of County's DSS Director or their designee and
26 Contractor. Contractor further understands that this Agreement is subject to any
27 restriction, limitations, or enactments of all legislative bodies which affect the provisions,
28 term, or funding of this Agreement in any manner. If the parties do not provide written
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1 approval for modification due to reduced funding, this Agreement may be terminated in
2 accordance with Section 6.1 above.
3 14.2 Contractor's Name Change. An amendment, assignment, or new agreement is
4 required to change the name of Contractor as listed on this Agreement. Upon receipt of legal
5 documentation of the name change, County will process the agreement. Payment of invoices
6 presented with a new name cannot be paid prior to approval of said agreement.
7 14.3 Public Information. Contractor shall disclose County as a funding source in all
8 public information and program materials developed in support of contracted services.
9 14.4 Non-Assignment. Neither party may assign its rights or delegate its obligations
10 under this Agreement without the prior written consent of the other party. Any transferee,
11 assignee or subcontractor will be subject to all applicable provisions of this Agreement, and all
12 applicable State and Federal regulations. Contractor shall be held primarily responsible by
13 County for the performance of any transferee, assignee or subcontractor unless otherwise
14 expressly agreed to in writing by County. The use of subcontractor by Contractor shall not
15 entitle Contractor to any additional compensation than provided for under this Agreement.
16 14.5 Governing Law. The laws of the State of California govern all matters arising from
17 or related to this Agreement.
18 14.6 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
19 County, California. Contractor consents to California jurisdiction for actions arising from or
20 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
21 brought and maintained in Fresno County.
22 14.7 Construction. The final form of this Agreement is the result of the parties' combined
23 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
24 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
25 against either party.
26 14.8 Days. Unless otherwise specified, "days" means calendar days.
27 14.9 Headings. The headings and section titles in this Agreement are for convenience
28 only and are not part of this Agreement.
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1 14.10 Severability. If anything in this Agreement is found by a court of competent
2 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
3 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
4 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
5 intent.
6 14.11 Nondiscrimination. During the performance of this Agreement, the Contractor shall
7 not unlawfully discriminate against any employee or applicant for employment, or recipient of
8 services, because of race, religious creed, color, national origin, ancestry, physical disability,
9 mental disability, medical condition, genetic information, marital status, sex, gender, gender
10 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
11 all applicable State of California and federal statutes and regulation.
12 (A) Domestic Partners and Gender Identity. For State fund-funded contracts of
13 $100,000 or more, Contractor certifies that it complies with Public Contract Code Section
14 10295.3.
15 (B) Americans with Disabilities Act. Contractor shall comply with the Americans with
16 Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as
17 well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C.
18 12101 et seq.).
19 (C) Contractor shall include the non-discrimination and compliance provisions of this
20 section in all subcontracts to perform work under this Agreement.
21 14.12 Limited English Proficiency. Contractor shall provide interpreting and translation
22 services to persons participating in Contractor's services who have limited or no English
23 language proficiency, including services to persons who are deaf or blind. Interpreter and
24 translation services shall be provided as necessary to allow such participants meaningful
25 access to the programs, services and benefits provided by Contractor. Interpreter and
26 translation services, including translation of Contractor's "vital documents" (those documents
27 that contain information that is critical for accessing Contractor's services or are required by law)
28 shall be provided to participants at no cost to the participant. Contractor shall ensure that any
17
1 employees, agents, subcontractors, or partners who interpret or translate for a program
2 participant, or who directly communicate with a program participant in a language other than
3 English, demonstrate proficiency in the participant's language and can effectively communicate
4 any specialized terms and concepts peculiar to contractor's services.
5 14.13 Drug-Free Workplace Requirements. For purposes of this paragraph, Contractor
6 will be referred to as the "grantee". By drawing funds against this grant award, the grantee is
7 providing the certification that it is required by regulations implementing the Drug-Free
8 Workplace Act of 1988, 45 CFR Part 76, Subpart F. These regulations require certification by
9 grantees that they will maintain a drug-free workplace. False certification or violation of the
10 certification shall be grounds for suspension of payments, suspension or termination of grants,
11 or government wide suspension or debarment. Contractor shall also comply with the
12 requirements of the Drug-Free Workplace Act of 1990 (California Government Code section
13 8350 et seq.).
14 14.14 Grievances. Contractor shall establish procedures for handling client complaints
15 and/or grievances. Such procedures will include provisions for informing clients of their rights to
16 a State Hearing to resolve such issues when appropriate.
17 14.15 Lobbying and Political Activity. None of the funds provided under this Agreement
18 shall be used for publicity, lobbying or propaganda purposes designed to support or defeat
19 legislation pending in the Congress of the United States of America or the Legislature of the
20 State of California. Contractor shall not directly or indirectly use any of the funds under this
21 Agreement for any political activity or to further the election or defeat of any candidate for public
22 office.
23 14.16 Clean Air Act and the Federal Water Pollution Control Act. If the compensation
24 to be paid by the County under this Agreement exceeds One Hundred Fifty Thousand and
25 No/100 Dollars ($150,000) of Federal funding, Contractor agrees to comply with all applicable
26 standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q)
27 and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations
28 must be reported to the Federal awarding agency and the Regional Office of the Environmental
18
1 Protection Agency (EPA).
2 14.17 Procurement of Recovered Materials. If compensation to be paid by the County
3 under this Agreement is funded in whole or in part with Federal funding, In the performance of
4 this Agreement, Contractor shall comply with section 6002 of the Solid Waste Disposal Act, as
5 amended by the Resource Conservation and Recovery Act. The requirements of Section 6002
6 include procuring only items designated in guidelines of the Environmental Protection Agency
7 (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials
8 practicable, consistent with maintaining a satisfactory level of competition, where the purchase
9 price of the item exceeds $10,000 or the value of the quantity acquired during the preceding
10 fiscal year exceeded $10,000; procuring solid waste management services in a manner that
11 maximizes energy and resource recovery; and establishing an affirmative procurement program
12 for procurement of recovered materials identified in the EPA guidelines.
13 14.18 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
14 of the Contractor under this Agreement on any one or more occasions is not a waiver of
15 performance of any continuing or other obligation of the Contractor and does not prohibit
16 enforcement by the County of any obligation on any other occasion.
17 14.19 Child Support Compliance Act. If compensation to be paid by the County under
18 this Agreement includes State funding in excess of $100,000, the Contractor acknowledges in
19 accordance with Public Contract Code 7110, that:
20 (A) Contractor recognizes the importance of child and family support obligations and
21 shall fully comply with all applicable state and federal laws relating to child and family
22 support enforcement, including, but not limited to, disclosure of information and
23 compliance with earnings assignment orders, as provided in Chapter 8 (commencing
24 with section 5200) of Part 5 of Division 9 of the Family Code; and
25 Contractor to the best of its knowledge is fully complying with the earnings assignment orders of
26 all employees and is providing the names of all new employees to the New Hire Registry
27 maintained by the California Employment Development Department.
28
19
1 14.20 Priority Hiring Considerations. If compensation to be paid by the County under this
2 Agreement includes State funding and services in excess of$200,000, Contractor shall give
3 priority consideration in filling vacancies in positions funded by the Agreement to qualified
4 recipients of aid under Welfare and Institutions Code Section 11200, in accordance with Public
5 Contract Code Section 10353.
6 14.21 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
7 between the Contractor and the County with respect to the subject matter of this Agreement,
8 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
9 publications, and understandings of any nature unless those things are expressly included in
10 this Agreement. If there is any inconsistency between the terms of this Agreement without its
11 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
12 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
13 exhibits.
14 14.22 No Third-Party Beneficiaries. This Agreement does not and is not intended to
15 create any rights or obligations for any person or entity except for the parties.
16 14.23 Authorized Signature. The Contractor represents and warrants to the County that:
17 (A) The Contractor is duly authorized and empowered to sign and perform its
18 obligations under this Agreement.
19 (B) The individual signing this Agreement on behalf of the Contractor is duly
20 authorized to do so and his or her signature on this Agreement legally binds the
21 Contractor to the terms of this Agreement.
22 14.24 Electronic Signatures. The parties agree that this Agreement may be executed by
23 electronic signature as provided in this section.
24 (A) An "electronic signature" means any symbol or process intended by an individual
25 signing this Agreement to represent their signature, including but not limited to (1) a
26 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
27 electronically scanned and transmitted (for example by PDF document) version of an
28 original handwritten signature.
20
1 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
2 equivalent to a valid original handwritten signature of the person signing this Agreement
3 for all purposes, including but not limited to evidentiary proof in any administrative or
4 judicial proceeding, and (2) has the same force and effect as the valid original
5 handwritten signature of that person.
6 (C)The provisions of this section satisfy the requirements of Civil Code section
7 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
8 Part 2, Title 2.5, beginning with section 1633.1).
9 (D) Each party using a digital signature represents that it has undertaken and
10 satisfied the requirements of Government Code section 16.5, subdivision (a),
11 paragraphs (1) through (5), and agrees that each other party may rely upon that
12 representation.
13 (E) This Agreement is not conditioned upon the parties conducting the transactions
14 under it by electronic means and either party may sign this Agreement with an original
15 handwritten signature.
16 14.25 Counterparts. This Agreement may be signed in counterparts, each of which is an
17 original, and all of which together constitute this Agreement.
18 [SIGNATURE PAGE FOLLOWS]
19
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23
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21
1 The parties are signing this Agreement on the date stated in the introductory clause.
2
Housing Authority of the City of Fresno County of Fresno
3
4 L�_E�rne�stBud`dyMeW
-- --
5 T rone Rod rick Williams, Chief Executive Chairman of the
Officer Board of Supervisors of the County of Fresno
6
1331 Fulton Street Attest-
7 Fresno, CA 93721 Bernice E. Seidel
Clerk of the Board of Supervisors
8 County of Fresno, State of California
9
By:
10 Deputy
11 For accounting use only:
12 Org No.:56107114
Account No.:7295
13 Fund No.:0001
Subclass No.: 10000
14
Org No.:56107001
15 Account No.:7295
Fund No.:0001
16 Subclass No.: 10000
17
18
19
20
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22
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22
Exhibit A
1
SCO ID: AgreemerN No 23.378
2 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGR[EMENTNUMUR PUACHASPJGAUD40MTYNUMMA11'Aar .
3 SID211(Re,04120201 23-HHAP-10021 010725
1.This Agreement Is eMeted onto between the Contracting Agency and the Contractor named below
4 CONTRACTING AGENCY%WE
Business,Consumer Services and Housing Agency
5 CONTRACTOR NAME
F resno County
6 2.The bms or this Agreerrwt Is
START DATE
Upon BCSH approval
7 THROUGH END DATE
12/31f2027
8 3 The maxornum amount of this Agreement is
$10,515,555.24(Ten Million Five Hundred Fifteen Thousand Five Hundred Fifty Five Dollars and Twenty four Cents)
9 a.The Parties agree to comply with the terms and condrtrom of the fogownng exhrdts,which are by this reference made a part of the Agreement
10 Exhibits Title Pages
Exhibit A Authority,Purpose and Scope of Work 8
11 Exhibit B Budget Detail and Disbursement Provisions 3
12 Exhibit C General Terms and Conditions 10
f
13 Exhibit D Special Terms and Conditions 2
Exhibit E State of California General Terms and Conditions 1
14 items shown with dnosrerrsk r-�,arefierebyincomordiedby reference aW made part of Ogreemenlds allot r10.
Their dos urnents can be wrwrelor riM,�sw•w,dy)cu9V�:QLS'ResovrCa
15 W WITNESS WHEREOF,THIS AGREEMEMHAS BEEN EXECUTED BY THE PARTIES HERETO
COMMCTOR
16 CONTRACTOR NAME(A otNw than an rd.. uA state wfwher a torpor«an•parrrwJup.etc)
County of Fresno
17 CONTRACTOR BUSINESS ADDRESS Cm STATE JZIP
P O.Box 1912 Fresno CA 93718
18 PftENTED NAME OF PERSON SIGrtING TITLE
Sy power Char ws County of F resno Board of Suptirwaa
CONTRACTOR AUTHOftZED SIGNATUPi DATE SX0*D
19 7n W3
20 ATTEST.
BERNICE E-SEIDEL
21 Clerk of the Board of Supervisors
County of Fresno,State of California
22 gy�� 1r yrpr�_-0eouty
23
24
25
26 Page 1 of 2
27
28
A-1
Exhibit A
1
2
3 SCO ID:
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
4 STANDARD AGREEMENT AGREEMENT NUMBER AUTHORITY NUMBER(If Applicable)
PURCHASING
STD 213(Rev.04/2020) 23-HHAP-10021 010725
STATE OF CALIFORNIA
5 CONTRACTING AGENCY NAME
Business,Consumer Services and Housing Agency
6 CONTRACTING AGENCY ADDRESS CITY STATE ZIP
500 Capitol Mall,Suite 1850 Sacramento CA 95814
7 PRINTED NAME OF PERSON SIGNING TITLE
Lourdes Castro Ramirez Secretary
8 CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
9 CALIFORNIA DEPARTMENTOF GENERAL SERVICES APPROVAL EXEMPTION(if Applicable)
10
11
12
13
14
15
16
17
18
19
20
21
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23
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26
27 Page 2 of 2
28
A-2
Exhibit A
1
2
3 County of Fresno
23-HHAP-10021
Page 1 of 24
4
Homeless Housing, Assistance.and Prevention Program Round 4(HHAP4)
5 Standard Agreement
Contract for Funds
6 EXHIBIT A
7 AUTHORITY. PURPOSE AND SCOPE OF WORK
8 1) Authority
9 The State of California has established the Homeless Housing. Assistance and
Prevention Program Round 4 ('HHAP-4-or'Program') pursuant to Chapter 6
(commencing with Health and Safety Code(HSC)section 50216)of Part 1 of
10 Division 31 of the Health and Safety Code. (Amended by Stats 2021, Ch 111. Sec
4 (AB 140)Effective July 19. 2021.)
11 The Program is administered by the California Interagency Council on
12 Homelessness ('Cal ICH')in the Business, Consumer Services and Housing
Agency(-Agency'). HHAP4 provides flexible block grant funds
to Continuums of Care. large cities(population of 300.000+)and counties to build on
13 the regional coordination created through previous Cal ICH grant funding and
support local jurisdictions in their unified regional responses to reduce and end
14 homelessness.
15 This Standard AgreementfContract for Funds along with all its exhibits('Agreement')
is entered into by Cal ICH and a Continuum of Care, a city. or a county('Grantee')
16 under the authority of, and in furtherance of the purpose of. the Program In signing
this Agreement and thereby accepting this award of funds, the Grantee agrees to
comply with the terms and conditions of this Agreement, and the requirements
17 appearing in the statutory authonty for the Program cited above
18 2) Purpose
The general purpose of the Program is to(1)reduce homelessness by expanding or
19 developing local capacity to address immediate homelessness challenges informed
by a best-practices framework focused on moving homeless individuals and families
20 into permanent housing and supporting the efforts of those individuals and families
to maintain their permanent housing and (2)continue to build on regional
21 coordination developed through previous rounds of HHAP funding (Chapter 6
(commencing with HSC section 50216).
22 This funding shall
23 a) Continue to build regional collaboration between continuums of care, counties.
and cities in a given region regardless of population, and ultimately be used to
24 develop a unified regional response to homelessness �`��•
Initial Mer)✓
25 (\
26
27
28
A-3
Exhibit A
1
2
3 County of Fresno
23-HHAP-1 U021
Page 2 of 24
4
5 b) Be paired strategically with other local state, and federal funds provided to
address homelessness in order to achieve maximum impact Grantees of this
6 funding are encouraged to reference Putting the Funding Pieces Together Guide
to Strategic Uses of New and Recent State and Federal Funds to Prevent and
End Homelessness to assist in using funding strategically for their planning
7 efforts in the delivery of services to people experiencing homelessness in the
community
8
c) Be deployed with the goal of reducing the number of people experiencing
9 homelessness in a given region through investing in long-term solutions such as
permanent housing.
10 d) Include the State as an integral partner through the provision of technical
assistance, sharing of best practices, and implementing an accountability
11 framework to guide the structure of current and future state investments.
12 3) Definitions
13 The following HHAP4 program terms are defined in accordance with Health
14 and Safety Code section 50216,subdivisions (a)- (r):
a)'Agency' means the Business. Consumer Services and Housing Agency
15
b)'Applicant"means a Continuum of Care, city,county or tribe
16 c)'City'means a city or city and county that is legally incorporated to provide local
17 government services to its population A city can be organized either under the
general taws of this state or under a charter adopted by the local voters
18 d)'Continuum of Care' means the same as defined by the United States
Department of Housing and Urban Development at Section 578.3 of Title 24 of the
19 Code of Federal Regulations
20 e)-Coordinated Entry System' means a centralized or coordinated process
developed pursuant to Section 578 7 of Title 24 of the Code of Federal Regulations.
as that section read on January 10 2019, designed to coordinate homelessness
21 program participant intake assessment. and provision of referrals In order to satisfy
this subdivision, a centralized or coordinated assessment system shall cover the
22 geographic area, be easily accessed by individuals and families seeking housing or
services be well advertised, and include a comprehensive and standardized
23 assessment tool
24
25 Initial He�
26
27
28
A-4
Exhibit A
1
2
3 County of Fresno
23-HHAP-10021
Page 3 of 24
4
f)-Council" means the California Interagency Council on Homelessness formerly
5 known as the Homeless Coordinating and Financing Council created pursuant to
Section 8257 of the Welfare and Institutions Code
6 g)'Emergency shelter" has the same meaning as defined in subdivision(e)of
Section 50801
7
h►'Homeless has the same meaning as defined in Section 578 3 of Title 24 of the
8 Code of Federal Regulations as that section read on January 10 2019
9 i)'Homeless Management Information System"means the information system
designated by a Continuum of Care to comply with federal reporting requirements as
10 defined in Section 578.3 of Title 24 of the Code of Federal Regulations The term
Homeless Management Information System"also includes the use of a comparable
database by a victim services provider or legal services provider that is permitted by
11 the federal government under Part 576 of Title 24 of the Code of Federal
Regulations
12 j)-Homeless point-In-time count' means the most recent point-in-time count that
13 requires a sheltered and unsheltered count pursuant to Section 578 3 of Title 24 of
the Code of Federal Regulations completed by all applicants.
14 k)"Homeless youth" means an unaccompanied youth between 12 and 24 years of
age. inclusive.who is experiencing homelessness as defined in subsection(2)of
15 Section 725 of the federal McKinney-Vento Homeless Assistance Act(42 U S C
Sec. 11434a(2)). 'Homeless youth'includes unaccompanied youth who are
16 pregnant or parenting
1)"Housing First-has the same meaning as in Section 8255 of the Welfare and
17 Institutions Code including all of the core components listed therein
18 m)'Jurisdiction"means a city city that Is also a county, county, or Continuum of
Care as defined in this section
19 n)'Navigation center'means a Housing First, low-barrier, service-ennched shelter
20 focused on moving homeless individuals and families Into permanent housing that
provides temporary living facilities while case managers connect individuals
experiencing homelessness to income, public benefits health services shelter, and
21 housing
22 o)"Program"means the Homeless Housing,Assistance. and Prevention program
established pursuant to this chapter.
23 1)'Round 1" of the program means the funding allocated under the program wth
24 moneys appropnated during the fiscal year beginning on July 1. 2019
25 Initial Het6
26
27
28
A-5
Exhibit A
1
2
3 County of Fresno
23-HHAP-10021
Page 4 of 24
4
5 2►-Round 2" of the program means the funding allocated under the program with
moneys appropnated during the fiscal year beginning on July 1, 2020.
6 3)'Round 3" of the program means the funding allocated under the program with
7 moneys appropnated during the fiscal year beginning on July 1, 2021,
4)'Round 4' of the program means the funding allocated under the program with
8 moneys appropriated during the fiscal year beginning on July 1, 2022,
9 p)"Program allocation' means the portion of program funds available to expand or
develop local capacity to address immediate homelessness challenges
10 q)"Recipient' means a junsdiction that receives funds from the Cal ICH for the
purposes of the program
11
r►'Tnbe'or"tribal applicant"means a federally recognized tnbal government
12 pursuant to Section 4103 of Title 25 of the United States Code
13 Additional definitions for the purposes of the HHAP-4 program:
'Obligate-means that the Grantee has placed orders awarded contracts, received
14 services, or entered into similar transactions that require payment using HHAP-4
funding Grantees, and the subreapients who receive awards from those Grantees.
15 must obligate the funds by the statutory deadlines set forth in this Exhibit A.
16 'Expended"means all HHAP-4 funds obligated under contract or subcontract have
been fully paid and receipted and no invoices remain outstanding
17 4) Scope of Work
18 The Scope of Work ( Work )for this Agreement shall include uses that
are consistent with Health and Safety Code section 50218 7, subdivision (e) and
19 section 50220 8, subdivisions (e). (f). and (g), and any other applicable laws
The Grantee shall expend funds on evidence-based programs serving people
20 experiencing homelessness among eligible populations, including any of the
following eligible uses.
21 a) Rapid rehousing including rental subsidies and incentives to landlords, such as
22 security deposits and holding fees
23 b) Operating subsidies in new and existing affordable or supportive housing units
emergency shelters, and navigation centers. Operating subsidies may include
operating reserves
24 25 (�.�C�.J(((��� `
Initial Helb}'
26
27
28
A-6
Exhibit A
1
2
3 County of Fresno
23-H HAP-10021
Page 5 of 24
4
5 c) Street outreach to assist persons experiencing homelessness to access
permanent housing and services
6 d) Services coordination, which may include access to workforce education,and
7 training programs, or other services needed to promote housing stability in
supportive housing
8 e) Systems support for activities necessary to create regional partnerships and
maintain a homeless services and housing delivery system, particularly for
9 vulnerable populations including families and homeless youth.
10 f) Delivery of permanent housing and innovative housing solutions, such as hotel
and motel conversions
11 9) Prevention and shelter diversion to permanent housing, including rental
subsidies
12
h) Interim sheltering. limited to newly developed clinically enhanced congregate
13 shelters, new or existing noncongregate shelters, and operations of existing
navigation centers and sheters based on demonstrated need Demonstrated
14 need for purposes of this paragraph shall be based on the following
15 i)The number of available shelter beds in the city county, or region served by a
Continuum of Care
16 ii)The number of people experiencing unsheltered homelessness in the
homeless point-in-time count
17 iii)Shelter vacancy rate in the summer and winter months
18 iv)Percentage of exits from emergency shelters to permanent housing solutions
19 v)A plan to connect residents to permanent housing
20 vi)Any new interim sheltering funded by HHAP-4 funds must be low barrier,
comply with Housing First as provided in Chapter 6 5(commencing vAth Section
21 8255)of Division 8 of the Welfare and Institutions Code and priontize
interventions other than congregate shelters
22 1) Improvements to existing emergency shelters to lower barriers and increase
privacy
23
In addition to the eligible uses described above, the Grantee's expenditure of its
24 entire HHAP-4 allocation must also comply with the following y(('``�,\��
Initial He
25 6
26
27
28
A-7
Exhibit A
1
2
3 County of Fresno
23-HHAP-10021
Page 6 of 24
4
5 a) At least 10 percent of the funds shall be spent on services for homeless youth
populations.
6 b) Not more than 7 percent of funds may be used for administrative costs Incurred
by the city, county, or continuum of care to administer its program allocation For
7 purposes of this Agreement 'administrative costs"does not include staff or other
costs directly related to implementing activities funded by the program allocation
8
5) Cal ICH Contract Coordinator
9 The Cal ICH's Contract Coordinator for this Agreement is the Council's Grant
1 O Director or the Grant Director's designee Unless otherwise instructed, any notice.
report, or other communication regwnng an onginal Grantee signature for this
Agreement shall be mailed to the Cal ICH Contract Coordinator If there are
11 opportunities to send information electronically Grantee will be notified via email by
the Council's Grant Director or the Grant Director's designee
12 The Representatives during the term of this Agreement will be
13
14 PROGRAM GRANTEE
Business Consumer Services and
15 ENTITY: Hous ng Agency County of Fresno
16 ECTIONIUNIT: Calif
ornia Interagency Council on
Homelessness(Cal ICHI
ADDRESS: 500 Capitol Mall Suite 1850 P O Box 1912
17 Sacramento,CA,95814 Fresno,CA 93718
18 CONTRACT Jeanne McKendry Laura Moreno
OORDINATOR
19 2HONE NUMBER: (916)510.9446 (559)600.2335
20
MAIL ADDRESS: Jeannie McKendryabcsh ca gov lhagaatresnocountyca gov
21
All requests to update the Grantee information listed within this Agreement shall be
22 emailed to the Cal ICH Grants Division general email box at
calichgrants@bcsh ca gov The Council reserves the right to change their
23 representative and/or contact information at any time with notice to the Grantee
24
25 Initial He"86.
26
27
28
A-8
Exhibit A
1
2
3 County of Fresno
23-HHAP-10021
Page 7 of 24
4
6) Effective Date,Term of Agreement,and Deadlines
5
a) This Agreement is effective upon approval by Cal ICH (indicated by the signature
6 provided by Cal ICH in the lower left section of page one, Standard Agreement
STD 213). when signed by all parties Funds will be disbursed in accordance
7 with Section 3 of Exhibit B
b) This Agreement shall terminate on December 31 2027
8
c) A grantee shall contractually obligate no less than 75 percent and shall expend
9 no less than 50 percent of their initial (50 percent) HHAP-4 disbursement by
May 31 2025 Upon demonstration by a grantee that it has complied with this
10 requirement and remains on track to meet its outcome goals as determined by
the council pursuant to Health and Safety Code section 50223,the council shall
disburse to that recipient the remaining 50 percent of its total HHAP-4 allocation
11 pursuant to Health and Safety Code section 50218 7(a)
12 i) Grantee will demonstrate compliance with these requirements by completing
the certification documentation in the form and manner provided by the
13 council
14 d) If a grantee has obligated less than 75 percent or expended less than 50 percent
of their initial (50 percent) HHAP-4 disbursement by May 31, 2025, the
15 grantee shall not contractually obligate or expend any remaining portion of its
round 4 initial program allocation. and the council shall not allocate to the
16 recipient the remaining 50 percent of its total allocation. unless both of the
following occur
17 i) On or before June 30, 2025 the grantee submits an alternative disbursement
plan to Cal ICH that includes an explanation for the delay
18 ii) Cal ICH approves the alternative disbursement plan
19 If Cal ICH cannot approve an alternative disbursement plan. Cal ICH will provide
20 the grantee with guidance on the revisions needed in order to approve the
alternative disbursement plan
21 If the funds identified in the approved altemative disbursement plan are not fully
expended by December 31. 2026 the funds shall be returned to the Cal ICH to
22 be allocated as bonus awards
23 e) Grantees that do not meet the final expenditure deadlines in Health and Safety
Code section 50220.8(k)shall not be eligible for bonus funding
24
25 Initial Her
26
27
28
A-9
Exhibit A
1
2
3 County of Fresno
23•HHAP-10021
Page 8 of 24
4
f) All HHAP-4 funds shall be expended by June 30 2027
5
g) In accordance with Health and Safety Code section 50220 8. subdivision (k).
6 Cal ICH retains the right to require a corrective action plan of grantees that are
not on track to fully expend funds by the statutorily required deadline
7 h) Any funds not expended by June 30 2027 including bonus funds, shall revert to
and be paid and deposited in. the General Fund pursuant to Health and Safety
8 Code section 50220.8(p).
9 i) The council may request additional information from applicants as needed to
meet other applicable reporting or audit requirements
10 j) Bonus Funds: Health and Safety Code section 50220 8 mandates the following,
11 regarding a recipients eligibility for Bonus Funding
i) Recipients that do not meet the obligation requirements laid out in Health and
12 Safety Code section 50220 8(k)shall not be eligible for bonus funding.
13 ii) Recipients shall demonstrate no later than June 30, 2025, whether they have
successfully met their outcome goals, and
14 M)Jurisdictions that have not met their outcome goals shall not be eligible for
15 bonus funding and shall accept technical assistance from council staff. In
addition,jurisdictions that have not met their outcome goals may also be
required to limit allowable uses of program funds. as determined by the
16 Council
17 iv) If recipient receives bonus funding, the bonus funds will be distributed as an
amendment to this contract No additional contract will be executed
18 7) Special Conditions
19 Cal ICH reserves the right to add any special conditions to this Agreement it deems
necessary to ensure that the goals of the Program are achieved.
20
21
22
23
24
25 Initial Here.
26
27
28
A-10
Exhibit A
1
2
3 County of Fresno
23-HHAP-10021
Page 9 of 24
4
Homeless Housing,Assistance,and Prevention Program Round 4 (HHAP-4)
5 Standard Agreement
6 EXHIBIT B
BUDGET DETAIL and DISBURSEMENT PROVISIONS
7
8 1) Budget Detail&Changes
The Grantee agrees that HHAP-4 funds shall be expended on uses that support
9 regional coordination and expand or develop local capacity to address immediate
homelessness challenges. Such activities must be Informed by a best-practices
10 framework focused on moving people experiencing homelessness into permanent
housing and supporting the efforts of those individuals and families to maintain their
11 permanent housing
12 The Grantee shall expend the HHAP-4 funds on eligible activities as detailed in
Health and Safety Code section 50218 7(e)and section 50220 8 subdivisions(e),
and (f)
13
14 2) General Conditions Prior to Disbursement
All Grantees must submit the following forms prior to HHAP-4 funds being released
15
• Request for Funds Form(-RFF")
16 • STD 213 Standard Agreement form and initialed Exhibits A through F
• STD 204 Payee Data Record or Government Agency Taxpayer ID Form
17 3) Disbursement of Funds
18 Initial Disbursement
Fifty percent of a grantees HHAP-4 funds will be disbursed to the Grantee upon
19 receipt, review and approval of the completed Standard Agreement and RFF by
Cal ICH, the Department of General Services(DGS)and the State Controller's
20 Office(SCO)
21 The RFF must Include the proposed eligible uses and the amount of funds proposed
for expenditure under each eligible use The Initial disbursement of HHAP-4 funds
22 will be disbursed In one allocation via mailed check once the RFF has been received
by the SCO Checks will be mailed to the address and contact name listed on the
RFF.
23
24
25 nitial Her .
26
27
28
A-11
Exhibit A
1
2
3 County of Fresno
23-HHAP-10021
Page 10 of 24
4
5 Remainder Disbursement
6 a) Cal ICH will disburse the remaining fifty percent of HHAP-4 funds upon
demonstration by a Grantee that it has complied with the requirement to
contractually obligate and expend a minimum amount of its round 4 program
7 allocation, as described below and remains on track to meet its outcome goals.
as determined by the council pursuant to Section 50223
8
i) A grantee shall contractually obligate no less than 75 percent and shall
9 expend no less than 50 percent of their initial(50 percent) HHAP-4
disbursement by May 31, 2025 Upon demonstration by a grantee that it has
complied with this requirement and remains on track to meet its outcome 10
goals, as determined by the council pursuant to Health and Safety Code
section 50223, the council shall disburse to that recipient the remaining 50
11 percent of its total HHAP-4 allocation pursuant to Health and Safety Code
section 50218 7(a)
12 b) If a grantee has obligated less than 75 percent or expended less than 50 percent
13 of their initial disbursement by May 31, 2025, the grantee shall not contractually
obligate or expend any remaining portion of its round 4 initial program allocation
and the council shall not allocate to the recipient the remaining 50 percent of its
14 total allocation unless both of the following occur
15 i) On or before June 30, 2025, the grantee submits an alternative disbursement
plan to Cal ICH that includes an explanation for the delay
16 ii) Cal ICH approves the alternative disbursement plan If Cal ICH cannot
approve an alternative disbursement plan Cal ICH will provide the grantee
17 with guidance on the revisions needed in order to approve the alternative
disbursement plan.
18 4) If a Grantee is not on track to meet outcome goals, grantee must agree to receive
TA from Cal ICH to get back on track with the outcome goals before the Council
19 allocates the remaining 50 percent of a recipient's allocation.
Bonus Funds Disbursement 20
If a Grantee qualifies for Bonus Funds pursuant to the requirements laid out in
Health and Safety Code section 50220 7 Cal ICH will determine the amount of
21 Bonus Funds the Grantee is eligible for and will disburse these Bonus Funds to
the Grantee upon receipt, review and approval of the completed Amended Standard
22 Agreement and RFF by Cal ICH, the Department of General Services(DGS)and the
State Controllers Office (SCO)
23 The RFF must include the proposed eligible uses and the amount of funds proposed
24
for expenditure under each eligible use The Bonus Funds disbursement of 25 ppp
Initial Here
26
27
28
A-12
Exhibit A
1
2
3 County of Fresno
23-HHAP-10021
Page 11 of 24
4
HHAP-4 funds will be allocated in one disbursement via mailed check once the RIFF
5 has been received by the SCO Checks will be mailed to the address and contact
name listed on the RFF
6 5) Expenditure of Funds
7 All HHAP-4 funds must be spent in accordance with Health and Safety Code section
50218.7(e)and section 50220 8 subdivisions(e). and (f), and as described in
8 Exhibit A. Section 4-Scope of Work'
9 6) Ineligible Costs
a) HHAP-4 funds shall not be used for costs associated with activities in violation of
10 any law or for any activities not consistent with the intent of the Program and
the eligible uses identified in Health and Safety Code section 50220.8,
11 subdivisions(e). (f), and(g).
12 b) Cal ICH reserves the right to request additional clarifying information to
determine the reasonableness and eligibility of all uses of the funds made
available by this Agreement If the Grantee or its funded subrecipients use
13 HHAP-4 funds to pay for ineligible activities,the Grantee shall be required to
reimburse these funds to Cal ICH.
14 c) An expenditure which is not authorized by this Agreement, or by written approval
15 of the Grant Manager or his/her designee, or which cannot be adequately
documented, shall be disallowed and must be reimbursed to Cal ICH by the
Grantee
16 Cal ICH, at its sole and absolute discretion. shall make the final determination
17 regarding the allowability of HHAP-4 fund expenditures
d) Program funds shall not be used to supplant existing local funds for homeless
18 housing. assistance. or prevention HHAP funds cannot replace local funds that
are committed to an existing or developing homeless assistance program.
19 However, if funds previously supporting a service or project end or are reduced
for reasons beyond the control of the grantee and services or housing capacity
20 will be lost as a result of these funds ending HHAP funds may be used to
maintain the service or program. Examples include but are not limited to a time-
limited city and/or county tax or one-time block grant, such as HEAP
21
22
23
24
25 Initial Her .
26
27
28
A-13
Exhibit A
1
2
3 County of Fresno
23-HHAP-10021
Page 12 of 24
4
Homeless Housing,Assistance, and Prevention Program Round 4(HHAP-4)
5 Standard Agreement
6 EXHIBIT C
GENERAL TERMS AND CONDITIONS
7
8 1) Termination and Sufficiency of Funds
a) Termination of Agreement
9 Cal ICH may terminate this Agreement at any time for cause by giving a
minimum of 14 days' notice of termination, in wnting to the Grantee Cause shall
10 consist of violations of any conditions of this Agreement any breach of contract
as described in paragraph 6 of this Exhibit C: violation of any federal
11 or state lawsr or withdrawal of Cal ICH's expenditure authority Upon termination
of this Agreement, unless otherwise approved in writing by Cal ICH, any
unexpended funds received by the Grantee shall be retumed to Cal ICH
12 within 30 days of Cal ICH's notice of termination.
13 b) Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made
14 available to Cal ICH by legislative appropriation. In addition this Agreement is
subject to any additional restrictions, limitations or conditions, or statutes,
regulations or any other laws, whether federal or those of the State of California.
15 or of any agency, department, or any political subdivision of the federal or State
of California governments which may affect the provisions. terms or funding of
16 this Agreement in any manner
17 2) Transfers
Grantee may not transfer or assign by subcontract or novation or by any other
18 means, the rights. duties, or performance of this Agreement or any part thereof.
except as allowed within Exhibit C Section 12(Special Conditions-Grantees/Sub
19 Grantee)or with the prior written approval of Cal ICH and a formal amendment to
this Agreement to affect such subcontract or novation
20 3) Grantee's Application for Funds
21 Grantee has submitted to Cal ICH an application for HHAP-4 funds to support
regional coordination and expand or develop local capacity to address its Immediate
22 homelessness challenges. Cal ICH is entering into this Agreement on the basis of
Grantee's facts, information, assertions and representations contained in
23 that application Any subsequent modifications to the ongmal funding plans
submitted within the ongmal application must be requested through the formal HHAP
Budget Modification Request Process and are subject to approval by Cal ICH,
24
25 Initial Here,
26
27
28
A-14
Exhibit A
1
2
County of Fresno
3 23-H HAP-10021
Page 13 of 24
4
5 Grantee warrants that all Information, facts, assertions and representations
contained in the application and approved modifications and additions thereto are
6 true, correct and complete to the best of Grantees knowledge In the event that any
part of the application and any approved modification and addition thereto Is untrue.
incorrect, incomplete, or misleading in such a manner that would substantially affect
7 Cal ICH approval, disbursement, or monitoring of the funding and the grants or
activities governed by this Agreement, then Cal ICH may declare a breach of this
8 Agreement and take such action or pursue such remedies as are legally available
9 4) ReportinglAudits
10 a) Annual Reports
By January 1. 2024, and annually on that date thereafter until all funds have
been expended.the Grantee shall submit an annual report to Cal ICH in a
11 format provided by Cal ICH Annual Reports will include a request for data on
expenditures and people served with HHAP-4 funding, details on specific
12 projects selected for the use of HHAP-4 funding and data regarding the progress
towards outcome goals If the Grantee fails to provide such documentation, Cal
13 ICH may recapture any portion of the amount authorized by this Agreement with
a 14-day written notification No later than October 1. 2027 the Grantee shall
submit a final report. In a format provided by Cal ICH, as well as a detailed
14 explanation of all uses of the Program funds.
15 b) Quarterly Expenditure Reports
In addition to the annual reports, Cal ICH requires the Grantee to submit
16 quarterly expenditure reports due no later than 30 days following the end of each
fiscal quarter Grantee sha!I submit a report to Cal ICH on a form and method
provided by Cal ICH that includes the ongoing tracking of the specific uses and
17 expenditures of any program funds broken out by eligible uses listed. including
the current status of those funds. as well as any additional information Cal ICH
18 deems appropriate or necessary If the Grantee fails to provide such
documentation, Cal ICH may recapture any portion of the amount authorized by
19 this Agreement with a 14-day written notification.
20 c) Reporting Requirements
i) Annual Report The annual report shall contain detailed information in
accordance with Health and Safety Code section 50223, subdivision(a)
21 This information includes the following, as well as any additional information
deemed appropriate or necessary by Cal ICH
22 (1)Data collection shall Include but not be limited to, information regarding
23 individuals and families served, including demographic information,
information regarding partnerships among entitles or lack thereof, and
24 participant and regional outcomes
Initial Her'66.
25
26
27
28
A-15
Exhibit A
1
2
3 County of Fresno
23-HHAP-10021
Page 14 of 24
4
5 (2)The performance monitoring and accountability framework shall include
clear metncs which may Include but are not limited to, the following
6 (a)The number of individual exits to permanent housing. as defined by the
United States Department of Housing and Urban Development, from
7 unsheltered environments and interim housing resulting from this
funding
8
(b)Racial equity as defined by the council in consultation with
9 representatives of state and local agencies. service providers, the
Legislature, and other stakeholders
10 (c)Any other metrics deemed appropriate by the council and developed in
coordination with representatives of state and local agencies.
11 advocates service providers and the Legislature
12 (3)Data collection and reporting requirements shall support the efficient and
effective administration of the program and enable the monitoring of
13 jurisdiction performance and program outcomes
14 Data shall include progress towards meeting the grantee's outcome goals
If significant progress toward outcome goals has not been made. the
15 applicant shall
(a)Submit a description of barriers and possible solutions to meet those
16 barriers
17 (b)Accept technical assistance from Cal ICH
18 (c) Include the progress towards outcome goals in all subsequent
quarterly reports until significant progress is made as deemed by Cal
ICH
19
ii) Expenditure Report The expenditure report shall contain data on
20 expenditures of HHAP-4 funding including but not limited to obligated funds
expended funds. and other funds derived from HHAP-4 funding
21 iii) Final Expenditure Plan During the final fiscal year of reporting grantees may
22 be required to include a plan to fully expend HHAP-4 grant funding This plan
must be submitted with the quarterly expenditure report in a format to be
provided by Cal ICH
23
24
Initial Her
25 (�/TV)
26
27
28
A-16
Exhibit A
1
2
3 County of Fresno
23-H HAP-10021
Page 15 of 24
4
iv) Grantees or their subcontractors must report client data Into their local
5 Homeless Management Information Systems(HMIS)pursuant to the
requirements of Assembly Bill(AB)977 (Chapter 397, Statutes of 2021)
6 v) Cal ICH may require additional supplemental reporting with written notice to
the Grantee.
7
vi) Grantee may, at their discretion, fully expend their HHAP-4 allocation prior to
8 the end date of the grant term and will not be required to submit quarterly
fiscal reports after the quarter In which their allocation was fully expended
9 d) Auditing
10 Cal ICH reserves the right to perform or cause to be performed a financial audit
At Cal ICH request. the Grantee shall provide at its own expense, a financial
11 audit prepared by a certified public accountant HHAP-4 administrative funds
may be used to fund this expense Should an audit be required, the Grantee shall
12 adhere to the following conditions
13 i) The audit shall be performed by an independent certified public accountant
ii) The Grantee shall notify Cal ICH of the auditor's name and address
14 immediately after the selection has been made The contract for the audit
shall allow access by Cal ICH to the independent auditors working papers.
15 iii)The Grantee is responsible for the completion of audits and all costs of
16 prepanng audits.
17 iv) If there are audit findings. the Grantee must submit a detailed response
acceptable to Cal ICH for each audit finding within 90 days from the date of
the audit finding report.
18
19 5) Inspection and Retention of Records
a) Record Inspection
20 Cal ICH or Its designee shall have the nght to review, obtain, and copy all
records and supporting documentation pertaining to performance under this
21 Agreement The Grantee agrees to provide Cal ICH, or its designee Mth any
relevant Information requested The Grantee agrees to give Cal ICH or Its
22 designee access to its premises upon reasonable notice and during normal
business hours. for the purpose of interviewing employees who might reasonably
have Information related to such records and of inspecting and copying such
23 books records accounts, and other materials that may be relevant to
an Investigation of compliance with the Homeless Housing Assistance. and
24
25 Initial Her .
26
27
28
A-17
Exhibit A
1
2
3 County of Fresno
23-HHAP-10021
Page 16 of 24
4
Prevention Program laws the HHAP-4 program guidance document published
5 on the website and this Agreement
In accordance with Health and Safety Code section 50220 8, subdivision(m). If
6 upon inspection of records Cal ICH Identifies noncompliance with grant
requirements. Cal ICH retains the right to impose a corrective action plan on the
7 Grantee
8 b) Record Retention
The Grantee further agrees to retain all records described in subparagraph a for
9 a minimum period of five(5)years after the termination of this Agreement
10 If any litigation, claim, negotiation audit, monitoring, inspection, or other action
has been commenced before the expiration of the required record retention
11 period all records must be retained until completion of the action and resolution
of all issues which arise from it
12 c) Public Records Act
13 The grantees'final HHAP-4 application this contract, and other documents
related to the grant are considered public records, which are available for public
14 viewing pursuant to the California Public Records Act
15 6) Breach and Remedies
a) Breach of Agreement
16 Breach of this Agreement Includes, but is not limited to, the following events.
17 i) Grantee's failure to comply with the terms or conditions of this Agreement.
ii) Use of, or permitting the use of, HHAP-4 funds provided under this
18 Agreement for any ineligible activities.
19 iii)Any failure to comply with the deadlines set forth in this Agreement.
20 b) Remedies for Breach of Agreement
In addition to any other remedies that may be available to Cal ICH in law or
21 equity for breach of this Agreement. Cal ICH may
22 i) Bar the Grantee from applying for future HHAP funds,
ii) Revoke any other existing HHAP-4 award(s)to the Grantee,
23 iii) Require the return of any unexpended HHAP-4 funds disbursed under this
Agreement,
24
Initial Here.
25
26
27
28
A-18
Exhibit A
1
2
3 County of Fresno
23-HHAP-10021
Page 17 of 24
4
iv) Require repayment of HHAP-4 funds disbursed and expended under this
5 Agreement,
v) Require the Immediate return to Cal ICH of all funds denved from the use of
6 HHAP-4 funds
7 vi) Seek, in a court of competent jurisdiction an order for specific performance of
the defaulted obligation or participation In the technical assistance in
8 accordance with HHAP-4 requirements
c) All remedies available to Cal ICH are cumulative and not exclusive.
9 d) Cal ICH may give written notice to the Grantee to cure the breach or
10 violation within a penod of not less than 15 days.
11 7) Waivers
12 No waiver of any breach of this Agreement shall be held to be a waiver of any prior
or subsequent breach The failure of Cal ICH to enforce at any time the provisions of
13 this Agreement or to require at any time, performance by the Grantee of these
provisions, shall in no way be construed to be a waiver of such provisions nor to
14 affect the validity of this Agreement or the right of Cal ICH to enforce
these provisions
15 8) Nondiscrimination
16 Dunng the performance of this Agreement, Grantee and Its subrecipients shall not
unlawfully discnminate harass, or allow harassment against any employee or
17 applicant for employment because of sex(gender), sexual onentation, gender
identity gender expression race, color. ancestry, religion. creed national origin
18 (including language use restriction), pregnancy, physical disability(Including HIV and
AIDS). mental disablity medical condition(cancer/genetic charactenstics), age
(over 40), genetic Information marital status, military and veteran status, and denial
19
of medical and family care leave or pregnancy disability leave Grantees and Sub
grantees shall ensure that the evaluation and treatment of their employees and
20 applicants for employment are free from such discrimination and harassment
Grantee and its subrecipients shall comply with the provisions of California's laws
21 against discriminatory practices relating to specific groups the Califomia Fair
Employment and Housing Act(FEHA) (Gov. Code, § 12900 et seq ). the regulations
22 promulgated thereunder(Cal Code Regs , tit 2, § 11000 et seq ), and the
provisions of Article 9 5 Chapter 1, Part 1 Division 3, Title 2 of the Government
Code(Gov Code, §§ 11135- 11139 5) Grantee and Its subrecipients shall give
23 written notice of their obligations under this clause to labor organizations with which
they have a collective bargaining or other agreement
24
Initial Her
25
26
27
28
A-19
Exhibit A
1
2
3 County of Fresno
23-HHAP-10021
Page 18 of 24
4
9) Conflict of Interest
5 All Grantees are subject to state and federal conflict of interest laws For
6 instance, Health and Safety Code section 50220 5, subdivision (I)states, "For
purposes of Section 1090 of the Government Code, a representative of a county
serving on a board, committee. or body with the primary purpose of administering
7 funds or making funding recommendations for applications pursuant to this chapter
shall have no financial Interest in any contract, program, or project voted on by the
8 board, committee. or body on the basis of the receipt of compensation for holding
public office or public employment as a representative of the county"
9 Failure to comply with these laws Including business and financial disclosure
10 provisions, will result in the application being rejected and any subsequent contract
being declared void Other legal action may also be taken Additional applicable
statutes include, but are not limited to, Government Code section 1090 and Public
11 Contract Code sections 10410 and 10411
12 a) Current State Employees No State officer or employee shall engage In any
employment, activity or enterprise from which the officer or employee receives
compensation or has a financial Interest and which is sponsored or funded by
13 any State agency, unless the employment activity, or enterprise Is required as a
condition of regular State employment No State officer or employee shall
14 contract on his or her own behalf as an Independent Grantee with any State
agency to provide goods or services
15 b) Former State Employees For the two-year period from the date he or she left
State employment, no former State officer or employee may enter into a contract
16 in which he or she engaged in any of the negotiations, transactions, planning.
arrangements. or any part of the decision-making process relevant to the
17 contract while employed In any capacity by any State agency For the twelve-
month penod from the date he or she left State employment, no former State
18 officer or employee may enter into a contract with any State agency if he or she
was employed by that State agency in a policy-making position In the same
general subject area as the proposed contract within the twelve-month period
19 prior to his or her leaving State service
20 c) Employees of the Grantee Employees of the Grantee shall comply with all
applicable provisions of law pertaining to conflicts of interest Including but not
21 limited to any applicable conflict of interest provisions of the Political Reform
Act of 1974(Gov Code §81000 et seq)
22 d) Representatives of a County A representative of a county serving on a board
committee. or body with the pnmary purpose of admistenng funds or making
23 funding recommendations for applications pursuant to this chapter shall have no
financial Interest In any contract program or project voted on by the board
24
25
Initial Her
26
27
28
A-20
Exhibit A
1
2
3 County of Fresno
23-HHAP-10021
Page 19 of 24
4
committee, or body on the bans of the receipt of compensation for holding public
5 office or public employment as a representative of the county
6 10) Drug-Free Workplace Certification
7 Certification of Compfiance By signing this Agreement.Grantee hereby certifies.
under penalty of perjury under the laws of State of California,that it and its
8 subrecipients will comply with the requirements of the Drug-Free Workplace Act of
1990(Gov Code section 8350 et seq.)and have or will provide a drug-free
9 workplace by taking the following actions
Publish a statement notifying employees and subrecipients that unlawful
10 manufacture distnbution, dispensation, possession or use of a controlled substance
is prohibited and specifying actions to be taken against employees Grantees or
11 subrecipients for violations, as required by Government Code section 8355.
subdivision (a)(1).
12 a) Establish a Drug-Free Awareness Program, as required by Government Code
section 8355, subdivision(a)(2)to inform employees. Grantees, or
13 subrecipients about all of the following
14 i) The dangers of drug abuse in the workplace.
15 H) Grantee's policy of maintaining a drug-free workplace,
M)Any available counseling, rehabilitation and employee assistance program
16 and
17 iv) Penalties that may be imposed upon employees Grantees and
subrecipients for drug abuse violations
18 b) Provide, as required by Government Code section 8355 subdivision(a)(3), that
19 every employee and/or subrecipient that works under this Agreement:
i) Will receive a copy of Grantee's drug-free policy statement, and
20
H) Will agree to abide by terms of Grantee's condition of employment or
21 subcontract
22 11)Child Support Compliance Act
For any Contract Agreement in excess of$100,000, the Grantee acknowledges in
23 accordance with Public Contract Code 7110, that
24
25 Initial Her6626
27
28
A-21
Exhibit A
1
2
3 County of Fresno
23-HHAP-10021
Page 20 of 24
4
a) The Grantee recognizes the importance of child and family support obligations
5 and shall fully comply with all applicable state and federal laws relating to child
and family support enforcement, including, but not limited to. disclosure of
6 information and compliance with earnings assignment orders, as provided in
Chapter 8(commencing with section 5200) of Part 5 of Division 9 of the Family
Code and
7
b) The Grantee, to the best of its knowledge is fully complying with the earnings
8 assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the Cahfomia Employment
9 Development Department
12) Special Conditions—Gra ntees/Su ba rant"
10 The Grantee agrees to comply with all conditions of this Agreement including
11 the Special Conditions set forth in Exhibit D These conditions shall be met to the
satisfaction of Cal ICH prior to disbursement of funds. The Grantee shall ensure that
all Subgrantees are made aware of and agree to comply with all the corditions of
12 this Agreement and the applicable State requirements governing the use of HHAP-4
funds Failure to comply with these conditions may result in termination of this
13 Agreement
14 a) The Agreement between the Grantee and any Subgrantee shall require
the Grantee and its Subgrantees. if any, to.
15 i) Perform the work in accordance with Federal, State and Local housing and
budding codes, as applicable.
16
ii) Maintain at least the minimum State-required worker's compensation for
17 those employees who will perform the work or any part of it.
18 iii) Maintain, as required by law, unemployment insurance, disability insurance.
and liability insurance in an amount that is reasonable to compensate any
pe•son,firm or corporation who may be injured or damaged by the Grantee or
19 any Subgrantee in performing the Work or any part of it
20 iv)Agree to include all the terms of this Agreement in each subcontract.
21 13) Compliance with State and Federal Laws, Rules,Guidelines and Regulations
22 The Grantee agrees to comply with all state and federal laws, rules and regulations
that pertain to construction, health and safety labor fair employment practices,
environmental protection.equal opportunity, fair housing, and all other matters
23 applicable and/or related to the HHAP-4 program the Grantee, its subrecipients, and
all eligible activities
24
25
Initial He,5)-
26
27
28
A-22
Exhibit A
1
2
3 County of Fresno
23-HHAP-10021
Page 21 of 24
4
Grantee shall also be responsible for obtaining any and all permits, licenses, and
5 approvals required for performing any activities under this Agreement, including
those necessary to perform design, construction or operation and maintenance of
6 the activities Grantee shall be responsible for observing and complying with any
applicable federal, state. and local laws, rules or regulations affecting any such work
specifically those including, but not limited to,environmental protection,
7 procurement and safety laws, rules, regulations, and ordinances Grantee shall
provide copies of permits and approvals to Cal ICH upon request
8
14) Inspections
9 a) Grantee shall inspect any work performed hereunder to ensure that the work is
10 being and has been performed in accordance with the applicable federal, state
and/or local requirements, and this Agreement
11 b) Cal ICH reserves the right to inspect any work performed hereunder to ensure
that the work is being and has been performed in accordance with the
12 applicable federal, state and/or local requirements, and this Agreement
c) Grantee agrees to require that all work that is determined based on such
13 inspections not to conform to the applicable requirements be corrected and to
withhold payments to the subrecipient until it is corrected
14 15) Litigation
15 a) If any provision of this Agreement. or an underlying obligation, is held invalid by a
court of competent jurisdiction such invalidity, at the sole discretion of Cal
16 ICH shall not affect any other provisions of this Agreement and the Initial of this
Agreement shall remain in full force and effect Therefore, the provisions of this
17 Agreement are and shall be deemed severable.
b) The Grantee shall notify Cal ICH immediately of any claim or action undertaken
18 by or against it which affects or may affect this Agreement or Cal ICH and shall
take such action with respect to the claim or action as is consistent with the terms
19 of this Agreement and the interests of Cal ICH
20
21
22
23
24
Initial Here
25
26
27
28
A-23
Exhibit A
1
2
3 County of Fresno
23-HHAP-10021
Page 22 of 24
4
Homeless Housing,Assistance,and Prevention Program Round 4(HHAP-4)
5 Standard Agreement
6 EXHIBIT D
SPECIAL TERMS AND CONDITIONS
7
1) All proceeds from any interest-bearing account established by the Grantee for the
8 deposit of HHAP-4 funds, along with any interest-bearing accounts opened
by subrecipients to the Grantee for the deposit of HHAP-4 funds, must be used for
9 HHAP-4-eligible activities and reported on as required by Cal ICH.
2) Per Health and Safety Code section 50220.8(g), any housing-related activities
10 funded with HHAP-4 funds, including but not limited to emergency shelter(per
Health and Safety Code section 50220.8(e)(8)(F)), rapid-rehousing, rental
11 assistance, transitional housing and permanent supportive housing, must be in
compliance or otherwise aligned with the core components of Housing First, as
12 described in Welfare and Institutions Code section 8255, subdivision(b). Individuals
and families assisted with these funds must not be required to receive treatment or
13 perform any other prerequisite activities as a condition for receiving shelter, housing,
or other services for which these funds are used. In addition, HHAP-4 funding shall
be used to adopt a Housing First approach within the entire local homelessness
14 response system, including outreach and emergency shelter, short-term
interventions like rapid re-housing, and longer-term interventions like supportive
15 housing.
16 3) Grantee shall utilize its local Homeless Management Information System (HMIS)to
track HHAP-4-funded projects, services, and clients served. Grantee will ensure that
HMIS data are collected in accordance with applicable laws and in such a way as to
17 identify individual projects, services, and clients that are supported by HHAP-4
funding (e.g., by creating appropriate HHAP-4-specific funding sources and project
18 codes in HMIS).
19 4) Grantee shall participate in and provide data elements, including, but not limited to,
health information, in a manner consistent with federal law, to the statewide
20 Homeless Management Information System(known as the Homeless Data
Integration System or"HDIS"), in accordance with their existing Data Use
Agreement entered into with the Council, if any, and as required by Health and
21 Safety Code section 50220.6 and Welfare and Institutions Code section 8256. Any
health information provided to, or maintained within, the statewide Homeless
22 Management Information System shall not be subject to public inspection or
disclosure under the California Public Records Act(Chapter 3.5(commencing with
23 Section 6250)of Division 7 of Title 1 of the Government Code). For purposes of this
paragraph, "health information"means"protected health information,"as defined in
Part 160.103 of Title 45 of the Code of Federal Regulations, and"medical
24
25 Initial Here.
26
27
28
A-24
Exhibit A
1
2
3 County of Fresno
23-HHAP-10021
Page 23 of 24
4
information,'as defined in subdivision 0)of Section 56.05 of the Civil Code The
5 Council may, as required by operational necessity amend or modify required data
elements, disclosure formats. or disclosure frequency Additionally the Council at
6 its discretion may provide Grantee with aggregate reports and analytics of the data
Grantee submits to HDIS in support of the Purpose of this Agreement and the
7 existing Data Use Agreement
8 5) Grantee agrees to accept technical assistance as directed by Cal ICH or by a
contracted technical assistance provider acting on behalf of Cal ICH and report to
9 Cal ICH on programmatic changes the grantee will make as a result of the technical
assistance and in support of their grant goals
10 6) Grantee agrees to demonstrate a commitment to racial equity and, per Health and
11 Safety Code section 50222 (a)(2)(B). the grantee shall use data provided through
HDIS to analyze racial disproportionality in homeless populations and, in partnership
with Cal ICH, establish clear metrics and performance morntonng for achieving
12 equity in provision of services and outcomes for Black, Native, and Indigenous
Latinx. Asian, Pacific Islanders and other People of Color who are disproportionately
13 impacted by homelessness and COVID-19
14 7) Grantee should establish a mechanism for people with lived experience of
homelessness to have meaningful and purposeful opportunities to inform and shape
15 all levels of planning and implementation. including through opportunities to hire
people with lived expenence
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25 Inthal Her .
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A-25
Exhibit A
1
2
3 County of Fresno
23-H HAP-10021
Page 24 of 24
4
Homeless Housing,Assistance,and Prevention Program Round 4(HHAP-4)
5
Standard Agreement
6 EXHIBIT E
7 STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS
$ This exhibit is incorporated by reference and made part of this agreement. The General
Terms and Conditions(GTC 04/2017)can be viewed at the following link:
9 hftps://www dgs ca qov/-/media/Divisions/OLS/Resources/GTC-April-2017-
FINALapril2017 pdf?la=en&hash=3A64979F777D5B9D35309433EE81969FD69052D2
10 In the interpretation of this Agreement, any inconsistencies between the State of
California General Terms and Conditions(GTC-04/2017)and the terms of this
11 Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and
its exhibits/attachments.
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25 Initial Her6b.
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A-26
Exhibit A
1
2
3
4 FOR ACCOUNTING USE ONLY:
SRF Org:1132 Homeless Services
5
Fund:0065
6 Subclass:17237
7 Account:3575-State Other
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A-27
Exhibit B
1 Scope of Services
2 ORGANIZATION: Housing Authority of the City of Fresno
3 SERVICES: Homeless Management Information System Services
4 ADDRESS: 1331 Fulton Mall, Fresno CA 93721
5 TELEPHONE: 559-513-9478
6 CONTACT: Marcella Lopez-Schmidt
7 EMAIL: mlopez-schmidt@fresnohousing.org
8 A. SCOPE OF SERVICES
9 The Housing Authority of the City of Fresno (Housing Authority) shall provide Homeless
10 Management Information System (HMIS) services to the County of Fresno (County) and to
11 the County's specified contractors or subrecipients when requested in writing by County's
12 Department of Social Services (Department). Services shall include new user initial setup
13 for HMIS and the HMIS Advanced Reporting Tool, licensing, user training, and technical
14 support. Housing Authority shall be reimbursed for reasonable and necessary training and
15 support including support provided by the HMIS vendor, when necessary to accomplish the
16 goals of the State and Federal-funded programs utilizing HMIS.
17 B. CONTRACTOR's RESPONSIBILITIES
18 The Housing Authority shall provide HMIS services upon written request of the Department
19 within ten full business days, unless a sooner/later deadline is mutually agreed upon by the
20 Department and the Housing Authority. Whenever possible and appropriate, training will be
21 provided in groups to maximize efficiency for both time and cost.
22 C. COUNTY RESPONSIBILITIES
23 The Department's designated Staff Analyst shall submit requests to the Housing Authority
24 for specified services and projections in writing. The request shall include the project name,
25 vendor, funding source, specific services, desired deadline for completion. Modifications to
26 requests shall be documented by the Department and revised when written request is
27 transmitted to the Housing Authority.
28
B-1
Exhibit C
1 Compensation
2 The Contractor will be compensated for performance of its services under this
3 Agreement as provided in this Exhibit C. The Contractor is not entitled to any compensation
4 except as expressly provided in this Exhibit C.
5 Service Hourly Rate
6 FY 25-26: $62
FY 26-27: $64
7 Fresno Housing Authority Hourly Rate FY 27-28: $66
8 FY 28-29: $68
FY 29-30: $70
9
10
Service Cost Notes
11 New Project Setup
Custom Report Creation Data Monitoring, FHA Staff Time As required by program need
12 Analysis,& Review Training Development Rate changes per FY
13 HMIS Consulting&Technical Support
14
HMIS Half-Day Training 4 Hours FHA Staff Time(Training) Materials (if any),at cost
15 1 Hour FHA Staff Time(Preparation)
16 HMIS FHA Staff Time Once per new user
17 New user initial setup FHA Estimate:4 Hrs
HMIS One license per person, per
18 $420 per person*User Annual License Fee year
19 Cost per license to recover
Proportional share of annual license cost to *
20 vendor Not to exceed$6,180 annually platform license cost between
FHA and software vendor
21 HMIS Advanced Reporting Tool New User Initial One or more licenses per entity,
22 Setup FHA Staff Time per year
FHA Estimate:4 Hrs
23 HMIS Advanced Reporting Tool Annual License * One or more licenses per entity
Fee $120 per entity
24 per year
25 Consultation and Technical Support Fees from At cost limited to amount
As required by program needs
HMIS Vendor for Non-HUD Funded Programs pre-authorized by Department
26
27 Maximum Compensation:$235,000
*These fees are based upon actual software license fees set by the HMIS software vendor. In the event fees modestly
28 increase during the term of this agreement, actual fee's may be paid upon documentation of the increase.
C-1
Exhibit D
Insurance Requirements
1. Required Policies
Without limiting the County's right to obtain indemnification from the Contractor or any third
parties, Contractor, at its sole expense, shall maintain in full force and effect the following
insurance policies throughout the term of this Agreement.
(A) Commercial General Liability. Commercial general liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
Coverage must include products, completed operations, property damage, bodily injury,
personal injury, and advertising injury. The Contractor shall obtain an endorsement to
this policy naming the County of Fresno, its officers, agents, employees, and volunteers,
individually and collectively, as additional insureds, but only insofar as the operations
under this Agreement are concerned. Such coverage for additional insureds will apply as
primary insurance and any other insurance, or self-insurance, maintained by the County
is excess only and not contributing with insurance provided under the Contractor's
policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.
Coverage must include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of
the State of California with statutory limits.
(D) Employer's Liability. Employer's liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for disease.
(E) Technology Professional Liability (Errors and Omissions). Technology professional
liability (errors and omissions) insurance with limits of not less than Two Million Dollars
($2,000,000) per occurrence and in the aggregate. Coverage must encompass all of the
Contractor's obligations under this Agreement, including but not limited to claims
involving Cyber Risks.
(F) Cyber Liability. Cyber liability insurance with limits of not less than One Million Dollars
($1,000,000) per occurrence. Coverage must include claims involving Cyber Risks. The
cyber liability policy must be endorsed to cover the full replacement value of damage to,
alteration of, loss of, or destruction of intangible property (including but not limited to
information or data) that is in the care, custody, or control of the Contractor.
Definition of Cyber Risks. "Cyber Risks" include but are not limited to (i) Security
Breach, which may include Disclosure of Personal Information to an Unauthorized Third
Party; (ii) data breach; (iii) breach of any of the Contractor's obligations under [identify
the Article, section, or exhibit containing data security obligations] of this Agreement; (iv)
system failure; (v) data recovery; (vi) failure to timely disclose data breach or Security
Breach; (vii) failure to comply with privacy policy; (viii) payment card liabilities and costs;
(ix) infringement of intellectual property, including but not limited to infringement of
copyright, trademark, and trade dress; (x) invasion of privacy, including release of
private information; (xi) information theft; (xii) damage to or destruction or alteration of
D-1
Exhibit D
electronic information; (xiii) cyber extortion; (xiv) extortion related to the Contractor's
obligations under this Agreement regarding electronic information, including Personal
Information; (xv) fraudulent instruction; (xvi) funds transfer fraud; (xvii) telephone fraud;
(xviii) network security; (xix) data breach response costs, including Security Breach
response costs; (xx) regulatory fines and penalties related to the Contractor's obligations
under this Agreement regarding electronic information, including Personal Information;
and (xxi) credit monitoring expenses.
If the Contractor is a governmental entity, it may satisfy the policy requirements above through a
program of self-insurance, including an insurance pooling arrangement or joint exercise of
powers agreement.
2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the Contractor signs this Agreement,
and at any time during the term of this Agreement as requested by the County's Risk
Manager or the County Administrative Office, the Contractor shall deliver, or cause its
broker or producer to deliver, to the DSSContractinsurance(a�fresnocountyca.gov,
Attention: Contract Analyst.
(i) Each insurance certificate must state that: (1) the insurance coverage has been
obtained and is in full force; (2) the County, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and (3) the
Contractor has waived its right to recover from the County, its officers, agents,
employees, and volunteers any amounts paid under any insurance policy
required by this Agreement and that waiver does not invalidate the insurance
policy.
(ii) The commercial general liability insurance certificate must also state, and include
an endorsement, that the County of Fresno, its officers, agents, employees, and
volunteers, individually and collectively, are additional insureds insofar as the
operations under this Agreement are concerned. The commercial general liability
insurance certificate must also state that the coverage shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the County
shall be excess only and not contributing with insurance provided under the
Contractor's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(iv) The technology professional liability insurance certificate must also state that
coverage encompasses all of the Contractor's obligations under this Agreement,
including but not limited to claims involving Cyber Risks, as that term is defined in
this Agreement.
(v) The cyber liability insurance certificate must also state that it is endorsed, and
include an endorsement, to cover the full replacement value of damage to,
alteration of, loss of, or destruction of intangible property (including but not limited
to information or data) that is in the care, custody, or control of the Contractor.
D-2
Exhibit D
(B) Acceptability of Insurers. All insurance policies required under this Agreement must be
issued by admitted insurers licensed to do business in the State of California and
possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no
less than A: VI I.
(C) Notice of Cancellation or Change. For each insurance policy required under this
Agreement, the Contractor shall provide to the County, or ensure that the policy requires
the insurer to provide to the County, written notice of any cancellation or change in the
policy as required in this paragraph. For cancellation of the policy for nonpayment of
premium, the Contractor shall, or shall cause the insurer to, provide written notice to the
County not less than 10 days in advance of cancellation. For cancellation of the policy
for any other reason, and for any other change to the policy, the Contractor shall, or shall
cause the insurer to, provide written notice to the County not less than 30 days in
advance of cancellation or change. The County in its sole discretion may determine that
the failure of the Contractor or its insurer to timely provide a written notice required by
this paragraph is a breach of this Agreement.
(D) County's Entitlement to Greater Coverage. If the Contractor has or obtains insurance
with broader coverage, higher limits, or both, than what is required under this
Agreement, then the County requires and is entitled to the broader coverage, higher
limits, or both. To that end, the Contractor shall deliver, or cause its broker or producer
to deliver, to the County's Risk Manager certificates of insurance and endorsements for
all of the coverages that have such broader coverage, higher limits, or both, as required
under this Agreement.
(E) Waiver of Subrogation. The Contractor waives any right to recover from the County, its
officers, agents, employees, and volunteers any amounts paid under the policy of
worker's compensation insurance required by this Agreement. The Contractor is solely
responsible to obtain any policy endorsement that may be necessary to accomplish that
waiver, but the Contractor's waiver of subrogation under this paragraph is effective
whether or not the Contractor obtains such an endorsement.
(F) County's Remedy for Contractor's Failure to Maintain. If the Contractor fails to keep
in effect at all times any insurance coverage required under this Agreement, the County
may, in addition to any other remedies it may have, suspend or terminate this
Agreement upon the occurrence of that failure, or purchase such insurance coverage,
and charge the cost of that coverage to the Contractor. The County may offset such
charges against any amounts owed by the County to the Contractor under this
Agreement.
(G)Subcontractors. The Contractor shall require and verify that all subcontractors used by
the Contractor to provide services under this Agreement maintain insurance meeting all
insurance requirements provided in this Agreement. This paragraph does not authorize
the Contractor to provide services under this Agreement using subcontractors
D-3
Exhibit E
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno ("County"), members of a
Contractor's board of directors ("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 used for purposes of completing this disclosure form.
Instructions
(1) Enter board member's name, job title (if applicable), and date this disclosure is being
made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction;
and
b. The nature of the material financial interest in the Corporation's transaction that
the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
The form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
E-1
Exhibit E
(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:
E-2