HomeMy WebLinkAboutAgreement A-20-161 with Turning Point.pdf-1-
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A G R E E M E N T
THIS AGREEMENT is made and entered into this day of ___________, 2020, by and between the
COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as "COUNTY", and
Turning Point of Central California, Inc., a California Non-Profit Organization, whose address is P.O. Box
7447, Visalia, CA 93290-7447, hereinafter referred to as “SUBRECIPIENT.”
W I T N E S S E T H:
WHEREAS, COUNTY, through its Department of Social Services (DSS), is the Administrative Entity for
the Emergency Solutions Grant (ESG) allocated to the Fresno Madera Continuum of Care (FMCoC) by the
California Department of Housing and Community Development (HCD) to administer and implement the
Emergency Solutions Grant (ESG) in the Fresno Madera Continuum of Care (FMCoC) jurisdiction, in accordance
with the provisions of 24 CFR Part 576 (as now in effect and as may be amended from time to time) and the
California Code of Regulations Title 25, Division 1, Chapter 7, Subchapter 20; and
WHEREAS, the FMCoC has a need for coordinated homeless services to address homelessness
throughout the Counties of Fresno and Madera ; and
WHEREAS, COUNTY, as the administrative entity of HCD ESG funding, is required to collaborate and
consult with the FMCoC regarding the use of HCD ESG funds and the designation of services and service
provision in meeting the homeless needs in the community; and
WHEREAS, SUBRECIPIENT is willing and able to provide said homeless services, and related
supportive services to residents within the FMCoC jurisdiction pursuant to the terms and conditions of this
Agreement; and
NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree
as follows:
1.OBLIGATIONS
A.SUBRECIPIENT shall provide all services and fulfill all responsibilities as set forth in
Exhibit A, “Summary of Services”, attached hereto and by this reference incorporated herein.
C.SUBRECIPIENT shall participate in monthly, or as needed, meetings consisting of staff
from COUNTY's DSS to discuss requirements, data reporting, training, policies and procedures, overall program
Agreement No. 20-161
28th April
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operations, and any problems or foreseeable problems that may arise.
D. In the event of the termination or expiration of this Agreement in accordance with Section
Three (3) of this Agreement, SUBRECIPIENT shall provide transitional services to clients currently receiving
services, working with DSS staff and/or COUNTY's contracted vendor(s). Transitional services shall include, but
are not limited to the transfer of client records and shall not exceed a maximum of thirty (30) days. This section of
the Agreement shall survive thirty (30) days from the expiration or written termination date of this Agreement.
2. TERM
The term of this Agreement shall commence on the 28th day of April, 2020, through and including the 31st
day of December 2020.
3. TERMINATION
A. Non-Allocation of Funds - The terms of this Agreement, and the services to be provided
hereunder, are contingent on the approval of funds by the appropriating government agency. Should sufficient funds
not be allocated, the services provided may be modified, or this Agreement terminated, at any time by giving the
SUBRECIPIENT thirty (30) days advance written notice.
B. Breach of Contract - The COUNTY may immediately suspend or terminate this Agreement
in whole or in part, where in the determination of the COUNTY there is:
1) An illegal or improper use of funds;
2) A failure to comply with any term of this Agreement;
3) A substantially incorrect or incomplete report submitted to the COUNTY;
4) Improperly performed service.
In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach of
this Agreement or any default which may then exist on the part of the SUBRECIPIENT. Neither shall such payment
impair or prejudice any remedy available to the COUNTY with respect to the breach or default. The COUNTY shall
have the right to demand of the SUBRECIPIENT the repayment to the COUNTY of any funds disbursed to the
SUBRECIPIENT under this Agreement, which in the judgment of the COUNTY were not expended in accordance
with the terms of this Agreement. The SUBRECIPIENT shall promptly refund any such funds upon demand.
C. Without Cause - Under circumstances other than those set forth above, this Agreement
may be terminated by SUBRECIPIENT or COUNTY or COUNTY’S DSS Director, or designee, upon thirty (30)
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days advance written notice of an intention to terminate this Agreement.
4.COMPENSATION
For actual services provided as identified in the terms and conditions of this Agreement, COUNTY agrees
to pay SUBRECIPIENT and SUBRECIPIENT agrees that SUBRECIPIENT will be reimbursed for its expenses
in providing services under this Agreements in accordance with Exhibit B, “Budget Summary,” attached hereto
and by this reference incorporated herein. Mandated travel shall be reimbursed based on actual expenditures and
mileage reimbursement shall be at SUBRECIPIENT’s adopted rate per mile, not to exceed the IRS published
rate. Payment shall be made upon certification or other proof satisfactory to COUNTY’s DSS that services have
actually been performed by SUBRECIPIENT as specified in this Agreement.
For the period April 28, 2020 through December 31, 2020 of this Agreement, in no event shall
services performed under this Agreement be in excess of Eighty-Nine Thousand Three Hundred Five and No/100
Dollars ($89,305.00). It is understood that all expenses incidental to SUBRECIPIENT’s performance of services
under this Agreement shall be borne by COUNTY.
Except as provided below regarding State payment delays, payments by COUNTY shall be in
arrears, for services provided during the preceding month, within forty-five (45) days after receipt, verification,
and approval of SUBRECIPIENT’s invoices by COUNTY’s DSS. If SUBRECIPENT should fail to comply with
any provision of this Agreement, COUNTY shall be relieved of its obligation for further compensation. All final
claims and/or any final budget modification requests shall be submitted by SUBRECIPIENT within sixty (60)
days following the final month of service for which payment is claimed. No action shall be taken by COUNTY
on claims submitted beyond the sixty (60) day closeout period. Any compensation which is not expended by
SUBRECIPIENT pursuant to the terms and conditions of this Agreement shall automatically revert to COUNTY.
5.INVOICING
With the exception of the final invoice, SUBRECIPIENT shall invoice COUNTY’s DSS in arrears by
the tenth (10th) of each month for expenditures incurred to provide services rendered in the previous month to:
DSSInvoices@fresnocountyca.gov. Payments by COUNTY’s DSS shall be in arrears, for actual services provided
during the preceding month, within forty-five (45) days after receipt, verification and approval of SUBRECIPIENT’s
invoices by COUNTY’s DSS. A monthly activity report shall accompany the invoice, reflecting services supported by
the invoiced expenditures and be in a form and in such detail as acceptable to the COUNTY’s DSS.
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At the discretion of COUNTY’s DSS Director or designee, if an invoice is incorrect or is otherwise
not in proper form or detail, COUNTY’s DSS Director or designee shall have the right to withhold full payment of the
invoice that is incorrect or improper after five (5) days prior written notice or email correspondence to
SUBRECIPIENT. SUBRECIPIENT agrees to continue to provide services for a period of ninety (90) days after
written or email notification of an incorrect or improper invoice. If after the ninety (90) period the invoice(s) is still not
corrected to COUNTY’s DSS satisfaction, COUNTY or COUNTY’s DSS Director or designee may elect to terminate
this Agreement, pursuant to the termination provisions stated in Paragraph Three (3) of this Agreement.
6.INDEPENDENT CONTRACTOR
In performance of the work, duties and obligations assumed by SUBRECIPIENT under this
Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the
SUBRECIPIENT'S officers, agents, and employees will at all times be acting and performing as an independent
contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer,
partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right to control or supervise or direct the
manner or method by which SUBRECIPIENT shall perform its work and function. However, COUNTY shall retain
the right to administer this Agreement so as to verify that SUBRECIPIENT is performing its obligations in accordance
with the terms and conditions thereof.
SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and
regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely no right to
employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be solely liable and
responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition,
SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all matters relating to payment of
SUBRECIPIENT'S employees, including compliance with Social Security withholding and all other regulations
governing such matters. It is acknowledged that during the term of this Agreement, SUBRECIPIENT may be
providing services to others unrelated to the COUNTY or to this Agreement.
7.MODIFICATION
A.Any matters of this Agreement may be modified from time to time by the written
consent of all the parties without, in any way, affecting the remainder.
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B.SUBRECIPIENT hereby understands that this Agreement is subject to any
restrictions, limitations, or enactments of all legislative bodies which affect the provisions, term, or funding of this
Agreement in any manner.
8.NON-ASSIGNMENT
SUBRECIPIENT shall not assign, transfer or sub-contract this Agreement nor their rights or duties
under this Agreement without the prior written consent of the COUNTY or COUNTY’s DSS Director or designee.
Any transferee, assignee, or subcontractor will be subject to all applicable provisions of this Agreement, and all
applicable State and Federal regulations. SUBRECIPIENT shall be held primarily responsible by the COUNTY for the
performance of any transferee, assignee, or subcontractor unless otherwise expressly agreed to in writing by
COUNTY. The use of subcontractor by SUBRECIPIENT shall not entitle SUBRECIPIENT to any additional
compensation than is provided for under this Agreement.
9.HOLD HARMLESS
SUBRECIPIENT agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend the
COUNTY, its officers, agents, and employees from any and all costs and expenses (including attorney’s fees and
costs), damages, liabilities, claims, and losses occurring or resulting to COUNTY in connection with the performance,
or failure to perform, by SUBRECIPIENT, its officers, agents, or employees under this Agreement, and from any and
all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or
resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to
perform, of SUBRECIPIENT, its officers, agents, or employees under this Agreement.
10.INSURANCE
Without limiting the COUNTY's right to obtain indemnification from SUBRECIPIENT or any third
parties, SUBRECIPIENT, at its sole expense, shall maintain in full force and effect, the following insurance policies or
a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement
(JPA) throughout the term of the Agreement:
A.Commercial General Liability
Commercial General Liability Insurance with limits of not less than Two Million Dollars
($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be
issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, products
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liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance
deemed necessary because of the nature of this contract.
B.Automobile Liability
Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto used in
connection with this Agreement.
C.Professional Liability
If SUBRECIPIENT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in
providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00)
per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
D.Worker's Compensation
A policy of Worker's Compensation insurance as may be required by the California Labor Code.
E.Additional Requirements Relating to Insurance
SUBRECIPIENT shall obtain endorsements to the Commercial General Liability insurance naming
the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only
insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as
primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and
employees shall be excess only and not contributing with insurance provided under SUBRECIPIENT's policies herein.
This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given
to COUNTY.
SUBRECIPIENT hereby waives its right to recover from COUNTY, its officers, agents, and
employees any amounts paid by the policy of worker’s compensation insurance required by this Agreement.
SUBRECIPIENT is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish
such waiver of subrogation, but SUBRECIPIENT’s waiver of subrogation under this paragraph is effective whether or
not SUBRECIPIENT obtains such an endorsement.
Within Thirty (30) days from the date SUBRECIPIENT signs and executes this Agreement,
SUBRECIPIENT shall provide certificates of insurance and endorsement as stated above for all of the foregoing
policies, as required herein, to the County of Fresno, P.O. Box 1912, Fresno, CA 93718-1219, Attention: Contract
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Analyst, stating that such insurance coverage has been obtained and is in full force; that the County of Fresno, its
officers, agents and employees will not be responsible for any premiums on the policies; that for such worker’s
compensation insurance the SUBRECIPIENT has waived its right to recover from the COUNTY, its officers, agents,
and employees any amounts paid under the insurance policy and that waiver does not invalidate the insurance policy;
that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees,
individually and collectively, as additional insured, but only insofar as the operations under this Agreement are
concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or
self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not contributing
with insurance provided under SUBRECIPIENT's policies herein; and that this insurance shall not be cancelled or
changed without a minimum of thirty (30) days advance, written notice given to COUNTY.
In the event SUBRECIPIENT fails to keep in effect at all times insurance coverage as herein
provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement upon the
occurrence of such event.
All policies shall be issued by admitted insurers licensed to do business in the State of California, and
such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better.
11.CONFLICT OF INTEREST
No officer, employee or agent of the COUNTY who exercises any function or responsibility for
planning and carrying out of the services provided under this Agreement shall have any direct or indirect personal
financial interest in this Agreement. In addition, no employee of the COUNTY shall be employed by the
SUBRECIPIENT under this Agreement to fulfill any contractual obligations with the COUNTY. The
SUBRECIPIENT shall comply with all Federal, State of California and local conflict of interest laws, statutes and
regulations, which shall be applicable to all parties and beneficiaries under this Agreement and any officer, employee,
or agent of the COUNTY.
12.NON-DISCRIMINATION
During the performance of this Agreement SUBRECIPIENT shall not unlawfully discriminate
against any employee of applicant for employment, or recipient of services, because of ethnic group identification,
gender, gender identity, gender expression, sexual orientation, color, physical disability, mental disability, medical
condition, national origin, race, ancestry, marital status, religion, or religious creed, pursuant to all applicable State of
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California and Federal statutes and regulations.
13.LIMITED ENGLISH PROFICIENCY
SUBRECIPIENT shall provide interpreting and translation services to persons participating in
SUBRECIPIENT’s services who have limited or no English language proficiency, including services to persons who
are deaf or blind. Interpreter and translation services shall be provided as necessary to allow such participants
meaningful access to the programs, services and benefits provided by SUBRECIPIENT. Interpreter and translation
services, including translation of SUBRECIPIENT’s “vital documents” (those documents that contain information that
is critical for accessing SUBRECIPIENT’s services or are required by law) shall be provided to participants at no cost
to the participant. SUBRECIPIENT shall ensure that any employees, agents, subcontractor, or partners who interpret
or translate for a program participant, or who directly communicate with a program participant in a language other than
English, demonstrate proficiency in the participants’ language and can effectively communicate any specialized terms
and concepts peculiar to SUBRECIPIENT’s services.
14.CLEAN AIR AND WATER
In the event the funding under this Agreement exceeds One Hundred Thousand and No/100
Dollars ($100,000), SUBRECIPIENT shall comply with all applicable standards, orders or requirements issued under
the Clear Air Act contained in 42 U.S. Code 7601 et seq; the Clean Water Act contained in 33 U.S. Code 1368 et seq.;
and any standards, laws and regulations, promulgated thereunder. Under these laws and regulations, SUBRECIPIENT
shall assure:
A.No facility shall be utilized in the performance of the Agreement that has been listed on the
Environmental Protection Agency (EPA) list of Violating Facilities;
B.COUNTY shall be notified prior to execution of this Agreement of the receipt of any
communication from the Director , Office of Federal Activities, U.S. EPA indicating that a facility to be utilized in
the performance of this Agreement is under consideration to be listed on the EPA list of Violating Facilities;
C.COUNTY and U.S. EPA shall be notified about any known violation of the above laws and
regulations; and
D.This assurance shall be included in every nonexempt subgrant, contract, or
subcontract.
15.DRUG -FREE WORKPLACE REQUIREMENTS
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For purposes of this paragraph, SUBRECIPIENT will be referred to as the “grantee.” By
drawing funds against this grant award, the grantee is providing the certification that is required by regulations
implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F. These regulations require
certification by grantees that they will maintain a drug-free workplace. False certification or violation of the
certification shall be grounds for suspension of payments, suspension or termination of grants, or government wide
suspension or debarment. SUBRECIPIENT shall also comply with the requirements of the Drug-Free Workplace Act
of 1990 (California Government Code section 8350 et seq.)
16.CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INTELIGIBILITY, AND
VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS
A.COUNTY and SUBRECIPIENT recognize that SUBRECIPIENT is a recipient of Federal
funds under the terms of this Agreement. By signing this Agreement, SUBRECIPIENT agrees to comply with
applicable Federal suspension and debarment regulations, including but not limited to: 7 CFR 3016.35, 29 CFR 97.35,
45 CFR 92.35, and Executive Order 12549. By signing this Agreement, SUBRECIPIENT attests to the best of its
knowledge and belief, that it and its principals:
1.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal department or agency; and
2.Shall not knowingly enter into any covered transaction with an entity or person who is
proposed for debarment under Federal regulations, debarred, suspended, declared ineligible, or voluntarily
excluded from participation in such transaction.
B.SUBRECIPIENT shall provide immediate written notice to COUNTY if at any time during
the term of this Agreement SUBRECIPIENT learns that the representations it makes a bove were erroneous when
made or have become erroneous by reason of changed circumstances.
C.SUBRECIPIENT shall include a clause titled “Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion – Lower Tier Covered Transactions” and similar in nature to
this paragraph in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
D.SUBRECIPIENT shall, prior to soliciting or purchasing goods and services in excess of
$25,000 funded by this Agreement, review and retain the proposed vendor’s suspension and debarment status at
https://www.sam.gov/SAM/.
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17.CONFIDENTIALITY
All services performed by SUBRECIPIENT under this Agreement shall be in strict conformance with
all applicable Federal, State of California, and/or local laws and regulations relating to confidentiality.
18.DATA SECURITY
Individuals and/or agencies that enter into a contractual relationship with the COUNTY for the
purpose of providing services must employ adequate controls and data security measures, both internally and
externally to ensure and protect the confidential information and/or data provided to contractor by the COUNTY,
preventing the potential loss, misappropriation or inadvertent access, viewing, use or disclosure of COUNTY data
including sensitive or personal client information; abuse of COUNTY resources; and/or disruption to COUNTY
operations.
Individuals and/or agencies may not connect to or use COUNTY networks/systems via personally
owned mobile, wireless or handheld devices unless authorized by COUNTY for telecommuting purposes and provide
a secure connection; up to date virus protection and mobile devices must have the remote wipe feature enabled.
Computers or computer peripherals including mobile storage devices may not be used (COUNTY or SUBRECIPIENT
device) or brought in for use into the COUNTY’s system(s) without prior authorization from COUNTY’s Chief
Information Officer and/or designee(s).
SUBRECIPIENT may not store COUNTY’s private, confidential or sensitive data on any hard-disk
drive, portable storage device or remote storage installation unless encrypted according to advance encryption
standards (AES of 128 bit or higher).
The COUNTY will immediately be notified of any violations, breaches or potential breaches of
security related to COUNTY’s confidential information, data and/or data processing equipment which stores or
processes COUNTY data, internally or externally.
COUNTY shall provide oversight to SUBRECIPIENT’s response to all incidents arising from a
possible breach of security related to COUNTY’s confidential client information. SUBRECPIENT will be responsible
to issue any notification to affected individuals as required by law or as deemed necessary by COUNTY in its sole
discretion. SUBRECIPIENT will be responsible for all costs incurred as a result of providing the required notification.
19.PROPERTY OF COUNTY
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SUBRECIPIENT agrees to take reasonable and prudent steps to ensure the security of any and all
said hardware and software provided to it by COUNTY under this Agreement, to maintain
replacement-value insurance coverages on said hardware and software of like kind and quality
approved by COUNTY.
All purchases over Five Thousand Dollars ($5,000) made during the life of this Agreement that
will outlive the life of this Agreement shall be identified as fixed assets with an assigned Fresno County DSS
Accounting Inventory Number. These fixed assets shall be retained by COUNTY, as COUNTY property, in the
event this Agreement is terminated or upon expiration of this Agreement. SUBRECIPIENT agrees to participate in
an annual inventory of all COUNTY fixed assets and shall be physically present when fixed assets are returned to
COUNTY possession at the termination or expiration of this Agreement. SUBRECIPIENT is responsible for
returning to COUNTY all COUNTY owned fixed assets upon the expiration or termination of this Agreement.
20.SINGLE AUDIT CLAUSE
A.If SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000)
or more in Federal and Federal flow-through monies, SUBRECIPIENT agrees to conduct an annual audit in
accordance with the requirements of the Single Audit Standards as set forth in Office of Management and Budget
(OMB) Title 2 of the Code of Federal Regulations Part 200. SUBRECIPIENT shall submit said audit and
management letter to COUNTY. The audit must include a statement of findings or a statement that there were no
findings. If there were negative findings, SUBRECIPIENT must include a corrective action plan signed by an
authorized individual. SUBRECIPIENT agrees to take action to correct any material non-compliance or weakness
found as a result of such audit. Such audit shall be delivered to COUNT Y’s DSS, Administration, for review
within nine (9) months of the end of any fiscal year in which funds were expended and/or received for the
program. Failure to perform the requisite audit functions as required by this Agreement may result in COUNTY
performing the necessary audit tasks, or at COUNTY’s option, contracting with a public accountant to perform
said audit, or, may result in the inability of COUNTY to enter into future agreements with SUBRECIPIENT. All
audit costs related to this Agreement are the sole responsibility of SUBRECIPIENT.
B.A single audit report is not applicable if all SUBRECIPIENT’s Federal contracts
do not exceed the Seven Hundred Fifty Thousand Dollars ($750,000) requirement or SUBRECIPIENT’s funding
is through Drug related Medi-Cal. If a single audit is not applicable, a program audit must be performed and a
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program audit report with management letter shall be submitted by SUBRECIPIENT to COUNTY as a minimum
requirement to attest to SUBRECIPIENT’s solvency. Said audit report shall be delivered to COUNTY’s DSS,
Accounting Office, for review no later than nine (9) months after the close of the fiscal year in which the funds
supplied through this Agreement are expended. Failure to comply with this Act may result in COUNTY
performing the necessary audit tasks or contracting with a qualified accountant to perform said audit. All audit
costs related to this Agreement are the sole responsibility of SUBRECIPIENT who agrees to take corrective action
to eliminate any material noncompliance or weakness found as a result of such audit. Audit work performed by
COUNTY under this paragraph shall be billed to the SUBRECIPIENT at COUNTY cost, as determined by
COUNTY’s Auditor-Controller/Treasurer-Tax Collector.
C.SUBRECIPIENT shall make available all records and accounts for inspection by
COUNTY, the State of California, if applicable, the Comptroller General of the United States, the Federal Grantor
Agency, or any of their duly authorized representatives, at all reasonable times for a period of at least five (5) years
following final payment under this Agreement or the closure of all other pending matters, whichever is later.
21.AUDITS AND INSPECTIONS
The SUBRECIPIENT shall at any time during business hours, and as often as the COUNTY may
deem necessary, make available to the COUNTY for examination all of its records and data with respect to the matters
covered by this Agreement. The SUBRECIPIENT shall, upon request by the COUNTY, permit the COUNTY to audit
and inspect all of such records and data necessary to ensure SUBRECIPIENT'S compliance with the terms of this
Agreement.
If this Agreement exceeds ten thousand dollars ($10,000.00), SUBRECIPIENT shall be subject to the
examination and audit of the Auditor General for a period of three (3) years after final payment under contract
(Government Code Section 8546.7).
In addition, SUBRECIPIENT shall cooperate and participate with COUNTY’s fiscal review process
and comply with all final determinations rendered by the COUNTY’s fiscal review process. If COUNTY reaches an
adverse decision regarding SUBRECIPIENT’s services to consumers, it may result in the disallowance of payment for
services rendered; or in additional controls to the delivery of services, or in the termination of this Agreement, at the
discretion of COUNTY’s DSS Director or designee. If as a result of COUNTY’s fiscal review process a disallowance
is discovered due to SUBRECIPIENT’s deficiency, SUBRECIPIENT shall be financially liable for the amount
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previously paid by COUNTY to SUBRECIPIENT and this disallowance will be adjusted from SUBRECIPIENT’s
future payments, at the discretion of COUNTY’s DSS Director or designee. In addition, COUNTY shall have the sole
discretion in the determination of fiscal review outcomes, decisions and actions.
22.FRATERNIZATION
SUBRECIPIENT shall establish procedures addressing fraternization between
SUBRECIPIENT’s staff and clients. Such procedures will include provisions for informing SUBRECIPIENT’s staff
and clients regarding fraternization guidelines.
23.STATE ENERGY CONSERVATION
SUBRECIPIENT must comply with the mandatory standard and policies relating to energy
efficiency which are contain in the State Energy Conservation Plan issued in compliance with 42 United States (US)
Code sections 6321, et. seq.
24.CHARITABLE CHOICE
SUBRECIPIENT may not discriminate in its program delivery against a client or potential
client on the basis of religion or religious belief, a refusal to hold a religious belief, or a refusal to actively participate in
a religious practice. Any specifically religious activity or service made available to individuals by the
SUBRECIPIENT must be voluntary as well as separate in time and location from COUNTY funded activities and
services. SUBRECIPIENT shall inform COUNTY as to whether it is faith-based. If SUBRECIPIENT identifies as
faith-based, they must submit to DSS a copy of its policy on referring individuals to alternate treatment
SUBRECIPIENT, and include a copy of this policy in their client admission forms. The policy must inform
individuals that they may be referred to an alternative provider if they object to the religious nature of the program, and
include a notice to DSS. Adherence to this policy will be monitored during site reviews, and a review of client files. If
SUBRECIPIENT identifies as faith-based, by July 1 of each year SUBRECIPIENT will be required to report to DSS
the number of individuals who requested referrals to alternate providers based on religious objection.
25.PROHIBITION ON PUBLICITY
None of the funds, materials, property or services provided directly or indirectly under this
Agreement shall be used for SUBRECIPIENT’s advertising, fundraising, or publicity (i.e., purchasing of tickets/tables,
silent auction donations, etc.) for the purpose of self-promotion. Notwithstanding the above, publicity of the services
described in Paragraph One (1) of this Agreement shall be allowed as necessary to raise public awareness about the
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availability of such specific services when approved in advance by the Director or designee and at a cost as provided in
Exhibit B for such items as written/printed materials, the use of media (i.e., radio, television, newspapers) and any
other related expense(s).
26.PUBLIC INFORMATION
SUBRECIPIENT shall disclose COUNTY as a funding source in all public information.
27.NOTICES
The persons and their addresses having authority to give and receive notices under this Agreement
include the following:
COUNTY SUBRECIPIENT
Director, COUNTY OF FRESNO Deputy Regional Director
Department of Social Services Turning Point of Central California, Inc.
P.O. Box 1912 615 South Atwood Street
Fresno, CA 93718-1912 Visalia, CA 93277
All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this
Agreement must be in writing and delivered either by personal service, by first-class United States mail, by an
overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by personal service
is effective upon service to the recipient. A notice delivered by first-class United States mail is effective three
COUNTY business days after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice
delivered by an overnight commercial courier service is effective one COUNTY business day after deposit with the
overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery,
addressed to the recipient. A notice delivered by telephonic facsimile is effective when transmission to the recipient is
completed (but, if such transmission is completed outside of COUNTY business hours, then such delivery shall be
deemed to be effective at the next beginning of a COUNTY business day), provided that the sender maintains a
machine record of the completed transmission. For all claims arising out of or related to this Agreement, nothing in
this section establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning
with section 810).
28.GOVERNING LAW
Venue for any action arising out of or related to this Agreement shall only be in Fresno County,
California.
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The rights and obligations of the parties and all interpretation and performance of this Agreement
shall be governed in all respects by the laws of the State of California.
29.CHANGE OF LEADERSHIP/MANAGEMENT
In the event of any change in the status of SUBRECIPIENT’s leadership or management,
SUBRECIPIENT shall provide written notice to COUNTY within thirty (30) days from the date of change. Such
notification shall include any new leader or manager’s name, address and qualifications. “Leadership or management”
shall include any employee, member, or owner of SUBRECIPIENT who either a) directs individuals providing
services pursuant to this Agreement, b) exercises control over the manner in which services are provided, or c) has
authority over SUBRECIPIENT’s finances.
30.LOBBYING AND POLITICAL ACTIVITY
None of the funds provided under this Agreement shall be used for publicity, lobbying or propaganda
purposes designed to support or defeat legislation pending in the Congress of the United States of America or the
Legislature of the State of California.
SUBRECIPIENT shall not directly or indirectly use any of the funds under this Agreement for any
political activity or to further the election or defeat of any candidate for public office.
31.NEPOTISM
Except by written consent of COUNTY, no person shall be employed by SUBRECIPIENT who is
related by blood or marriage to any member of the Board of Directors or any officer of SUBRECIPIENT.
32.SUPPLEMENTAL SOURCES
SUBRECIPIENT shall not use any funds under this Agreement to the extent that there are any other
existing or contemplated funds available to SUBRECIPIENT to be expended for the same services covered by this
Agreement. Upon confirmation that SUBRECIPIENT has received funds from any other source to conduct the same
services covered by this Agreement, COUNTY shall have the right to reduce its payment amount accordingly.
33.COMPLIANCE WITH APPLICABLE LAWS
SUBRECIPIENT shall comply with all rules and regulations established pursuant to Housing and
Urban Development regulations at 24 CFR Part 576, as revised by the Emergency Solutions Grant and Consolidated
Plan conforming Amendments Interim Rule, published in the Federal Register on December 5, 2011 (79 Fed. Reg.
75954). SUBRECIPIENT must also comply with all applicable fair housing and civil rights requirements in 24 CFR
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5.105(a). SUBRECIPIENT and any subcontractors shall comply with all applicable local, State, Federal laws,
ordinances, regulations, and Fresno County Charter provisions applicable to the performance of services.
34.ESG ELIGIBILITY AND REPORTING REQUIREMENTS
A.SUBRECIPIENT is required to be a member in good standing of the FMCoC. A member in
good standing is defined as a current dues paid member with attendance at a minimum of 75% of all FMCoC
Director's meetings.
B.SUBRECIPIENT is required to utilize the FMCoC Coordinated Entry System for
all clients served under ESG.
C.COUNTY’s failure to inform SUBRECIPIENT of any reporting requirements shall not
relieve SUBRECIPIENT of compliance with any ESG eligibility and reporting requirements. SUBRECIPIENT
agrees, in accordance with the requirements of the ESG program, that ALL beneficiaries of SUBRECIPIENT's
activities provided under this Agreement must meet the following minimum criteria:
(1)Any individual or family provided with assistance through ESG must meet the
HUD definition of homeless and must be documented.
(2)The households targeted must be those most in need of this assistance and most
likely to achieve stable housing, whether subsidized or unsubsidized, outside of ESG after the program concludes.
D.If SUBRECIPIENT is providing Rapid Rehousing services, the beneficiary household must
be at or below 30% of the Area Median Income (AMI) for Fresno at re-evaluation as referenced in Exhibit C,
incorporated herein by reference and made part of this Agreement. If SUBRECIPIENT is providing Homeless
Prevention services, the beneficiary household must be at or below 30% of the AMI at intake and re-evaluation. The
AMI may change on a yearly basis and SUBRECIPIENT is required to use the most recent version as provided by
COUNTY.
E.SUBRECIPIENT is expected to meet all other ESG requirements as described in 24 CFR
Part 576.
35.MINIMUM DATA COLLECTION REQUIREMENTS
SUBRECIPIENT is required to collect and report client-level data in the local Homeless Management
Information System (HMIS) administered by the Fresno Housing Authority or a comparable database if
SUBRECIPIENT is a domestic violence provider. In the latter instance, all references to HMIS shall be understood to
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refer to a comparable database. Reporting through HMIS is a requirement of ESG funding. HMIS will be used to
collect data and report on outputs and outcomes as required by HUD. SUBRECIPIENT is required to enter all client
intakes, provide regular updates and exit all clients once services are completed.
At a minimum, SUBRECIPIENT must enter the following information in the FMCoC HMIS
database for federal reporting purposes:
(1)Name
(2)Social Security Number
(3)Date of Birth
(4)Race
(5)Ethnicity
(6)Gender
(7)Veteran Status
(8)Disabling Condition
(9)Residence Prior to Program Entry
(10)Zip Code of Last Permanent Address
(11)Housing Status
(12)Program Entry Date
(13)Program Exit Date
(14)Personal Identification Number
(15)Household Identification Number
(16)Income and Sources
(17)Non-Cash Benefits
(18)Destination (Where Client Will Stay Upon Exit)
(19)Financial Services Provided
(20)Housing Relocation and Stabilization Services Provided
COUNTY reserves the right to add additional reporting requirements as required by HUD.
36.DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the SUBRECIPIENT is operating as a corporation (a for-profit
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or non-profit corporation) or if during the term of the agreement, the SUBRECIPIENT changes its status to operate
as a corporation.
Members of the SUBRECIPIENT’s Board of Directors shall disclose any self-dealing transactions
that they are a party to while SUBRECIPIENT is providing goods or performing services under this agreement. A
self-dealing transaction shall mean a transaction to which the SUBRECIPIENT is a party and in which one or
more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-
dealing transactions that they are a party to by completing and signing a Self -Dealing Transaction Disclosure
Form, attached hereto as Exhibit D and incorporated herein by reference, and submitting it to the C OUNTY prior
to commencing with the self-dealing transaction or immediately thereafter.
37. SEVERABILITY
The provisions of this Agreement are severable. The invalidity or unenforceability of any one
provision in the Agreement shall not affect the other provisions.
38. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the SUBRECIPIENT and COUNTY with
respect to the subject matter hereof and supersedes all previous Agreement negotiations, proposals, commitments,
writings, advertisements, publications, and understanding of any nature whatsoever unless expressly included in this
Agreement.
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2. IN WITNESS WHEREOF, the partie!! hereto have executed this Agreement as of the day ~ year ~
3 herdna.bove written.
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Turning Point of Central Californ~ Inc.
By:~
Print Name: Raymond R. Barnes
Titte: Chief Executive Officer
. By:~. -~-~--~-',/(./ __ _
Print Name: Bruce Tyler
Title: Chief Financial Officer
Mailing Ad~:
P.O. Box 7447
Visalia, CA 93290-7447
Pltone No: (559) 732-8086
Contact: Chief Executive Officer
FOR ACCOUNTING USE ONLY ;
Fund /Subclass: 0001/10000
ORG No.: 56107001
Account No.: 7870
DEN:cwc
COUNTY OF FRESNO
~~
Board of Supervisors of the
County ofFresno
ATTEST:
BERNICE E. SEIDEL
Clerk of the Board of Supervisors
County of Fresno, State ofCalifonua
By: &,Ni cc:r
Deputy
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Exhibit A
Page 1 of 3
SUMMARY OF SERVICES
ORGANIZATION: Turning Point of Central California, Inc.
ADDRESS: 615 South Atwood Street, Visalia, CA 93277
SERVICE ADDRESS: 1225 Fresno Street, Fresno, CA 93721
SERVICES: Housing and Community Development Emergency Solutions
Grant for Rapid Rehousing Homeless Services
TELEPHONE: (559) 673-9173
CONTACT: Jody Ketcheside, Regional Deputy Director
EMAIL: jketcheside@tpocc.org
CONTRACT PERIOD: April 28, 2020 to December 31, 2020
SUMMARY OF SERVICES
Turning Point of Central California, Inc. (TPOCC) will use the California Department of
Housing and Community Development (HCD) Emergency Solutions Grant (ESG), to
administer services to homeless individuals and families in Fresno County. TPOCC will
provide the Rapid Rehousing financial assistance to homeless individuals to regain
stable permanent housing. TPOCC will also utilize the Homeless Management
Information System (HMIS) approved by the Fresno Madera Continuum of Care to
collect and record data.
TPOCC staff will receive referrals from the Fresno Madera Continuum of Care (FMCoC)
Coordinated Entry System (CES) for clients in need of rapid rehousing financial
assistance. Staff will work with the participants to assist in o btaining permanent housing
and will provide Rapid Rehousing financial assistance when appropriate. The income of
all participants must be below 30% of Fresno County’s median income as determined
annually by HUD and must be verified and documented.
RAPID REHOUSING SERVICES TO BE PROVIDED BY TPOCC
Rental Application
Fees
Rental housing application fees, charged by the owner.
Rental Assistance Rental assistance payments.
Security Deposits Security deposit assistance equal to no more than 2 month’s rent.
Utility Deposits Utility deposit assistance, required by the utility company.
Utility Payments Utility payment assistance.
Exhibit A
Page 2 of 3
TARGET POPULATION
Individuals and families, defined by 24 CF R 576.2, as homeless, with an income below
30% of Fresno County’s median income.
HOUSING FIRST SERVICES
All services must follow a Housing First model. Compliance with Housing First requires
the following: 1. Low barriers to entry; 2. Intake process is expedited, client-centered,
and flexible; 3. Access to housing is without preconditi ons; 4. Families and individuals
are connected to permanent housing a s early as possible in case planning; 5.
Temporary housing/emergency shelter is offered; 6. Services are client-centered and
delivered in accordance with evidence-based practices; 7. Leases or contractual
agreements are used and reflect the same rights and responsibilities as other tenants;
and 8. Every effort is made to prevent a return to homelessness.
PROGRESSIVE ENGAGEMENT
Services will be provided in compliance with the Progressive Engagement approach.
Progressive Engagement emphasizes the individual needs of each family, and seeks to
provide the most minimal amount of assistance required, focuse d on the most urgent
and immediate needs. The goal of Progressive Engagement is to empo wer individuals
and families to resolve their own housing crisis to the greatest extent that they are able,
build on each household’s strengths, and foster self-sufficiency.
To comply with the Progressive Engagement model, MCAP will provide services to
each household based on an individual ized assessment of each budget, and require
that a portion of rental expenses be paid from the program outset, even if that amount is
minimal. MCAP will closely monitor the progress and needs of the household to
determine those that require additional assi stance, and intervene with additional support
if a need is identified.
TPOCC RESPONSIBILITIES
TPOCC shall:
• Provide annual Civil Rights training to their staff in the beginning of every
calendar year and will provide relevant proof to the County by April 1st
• Provide 100% match contribution for ESG funds and will provide verification of
match prior to start of Fiscal Year.
• Follow all ESG Regulations including but not limited to 24 CFR 576.
• Utilize the FMCoC Coordinated Entry System for all clients served under ESG.
• Complete coordinated entry-approved assessments and enter all required data
into HMIS within 72-hours of program entry.
Exhibit A
Page 3 of 3
• Maintain membership in good standing in the Fresno Madera Continuum of Care
(FMCoC) as defined by FMCoC bylaws, and participate in the Coordinated Entry
System (CES).
COUNTY RESPONSIBILITIES
The County will meet with TPOCC staff in person or via conference call monthly, or as
often as needed, for service coordination, problem/issue resolution, information sharing,
training, review, and monitoring of servi ces.
MONTHLY REPORTS AND OUTCOMES
TPOCC shall provide complete and accurate monthly activity reports to the County of
Fresno, in a report format approved by the County by the 10th of each month. The
following outcomes are to be met:
• 30 households assi sted with Rapid Rehousing financial assistance
• 100% of HMIS entries made within 72 hours of program entry
Exhibit B
Rapid Re-housing 85,052.00$
Rental Application Fees
Security Deposits
Utility Deposits
Rental Assistance
Utility Payments
Admin 4,253.00$
Admin
TOTAL 89,305.00$
Turning Point of Central California, Inc.
April 28, 2020-December 31, 2020
THIRTY PERCENT INCOME LIMITS
STATE:CALIFORNIA
PAGE 10
-------------------30% L O W I N C O M E L I M I T S---------------------------
MEDIAN 1 PERSON 2 PERSON 3 PERSON 4 PERSON 5 PERSON 6 PERSON 7 PERSON 8 PERSON
Bakersfield, CA MSA 57900 13650 15600 17550 19450 21050 22600 24150 25700
Chico, CA MSA 66500 14000 16000 18000 19950 21550 23150 24750 26350
El Centro, CA MSA 60700 13650 15600 17550 19450 21050 22600 24150 25700
Fresno, CA MSA 57300 13650 15600 17550 19450 21050 22600 24150 25700
Hanford-Corcoran, CA MSA 58100 13650 15600 17550 19450 21050 22600 24150 25700
Los Angeles-Long Beach-Anaheim, CA MSA
Santa Ana-Anaheim-Irvine, CA HM 97900 24950 28500 32050 35600 38450 41300 44150 47000
Los Angeles-Long Beach-Glendale,73100 21950 25050 28200 31300 33850 36350 38850 41350
Madera, CA MSA 59100 13650 15600 17550 19450 21050 22600 24150 25700
Merced, CA MSA 55500 13650 15600 17550 19450 21050 22600 24150 25700
Modesto, CA MSA 64500 13650 15600 17550 19450 21050 22600 24150 25700
Napa, CA MSA 100400 21100 24100 27100 30100 32550 34950 37350 39750
Oxnard-Thousand Oaks-Ventura, CA 97800 22000 25150 28300 31400 33950 36450 38950 41450
Redding, CA MSA 61900 13650 15600 17550 19450 21050 22600 24150 25700
Riverside-San Bernardino-Ontario 69700 15100 17250 19400 21550 23300 25000 26750 28450
Sacramento-Roseville-Arden-Arcade, CA MS
Sacramento--Roseville--Arden-Arc83600 17600 20100 22600 25100 27150 29150 31150 33150
Yolo, CA HMFA 87900 18450 21100 23750 26350 28500 30600 32700 34800
Salinas, CA MSA 74100 18900 21600 24300 26950 29150 31300 33450 35600
San Diego-Carlsbad, CA MSA 86300 22500 25700 28900 32100 34700 37250 39850 42400
San Francisco-Oakland-Hayward, CA MSA
Oakland-Fremont, CA HMFA 111700 26050 29750 33450 37150 40150 43100 46100 49050
San Francisco, CA HMFA 136800 33850 38700 43550 48350 52250 56100 60000 63850
San Jose-Sunnyvale-Santa Clara, CA MSA
San Benito County, CA HMFA 84500 21450 24500 27550 30600 33050 35500 37950 40400
San Jose-Sunnyvale-Santa Clara, 131400 30750 35150 39550 43900 47450 50950 54450 57950
San Luis Obispo-Paso Robles-Arro 87500 18900 21600 24300 26950 29150 31300 33450 35600
U.S. Department of Housing and Urban Development. April 2019. ESG Income Limits.
Retrieved from http://www.hudexchange.info/resource/5079/esg-income-limits/
Exhibit C
Exhibit D
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Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno (hereinafter referred to as “County”), members of a
contractor’s board of directors (hereinafter referred to as “County Contractor”), must disclose any self-dealing
transactions that they are a party to while providing goods, performing services, or both for the County. A
self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in which one or more
of its directors has a material financial interest”
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member’s name, job title (if applicable), and date this disclosure is being made.
(2) Enter the board member’s company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a
minimum, include a description of the following:
a.The name of the agency/company with which the corporation has the transaction; and
b.The nature of the material financial interest in the Corporation’s transaction that the board
member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the
Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction described in
Sections (3) and (4).
Exhibit D
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(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:
I I