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HomeMy WebLinkAboutAgreement A-20-160 with CAPMC.pdf-1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Community Action Partnership of Madera County, a California Non-Profit Organization, whose address is 1225 Gill Avenue, Madera, CA 93637, 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 perform all services and fulfill all responsibilities in accordance with the following: COUNTY’s Request for Proposal (RFP) No. 19 -011 dated August 15, 2018, and Addendum No. One (1), dated August 23, 2018, herein collectively referred to as COUNTY’s Revised RFP No. 19 -011 and SUBRECIPIENT’s Response to Revised RFP No. 19-011, dated September 5, 2018, all of which are incorporated Agreement No. 20-160 28th April -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 herein by reference. B. 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 provide services pursuant to the program expenses detailed in Exhibit B, Budget, attached hereto and by this reference incorporated herein. D. 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 operations, and any problems or foreseeable problems that may arise. E. SUBRECIPIENT shall maintain membership in the FMCoC and participate in Coordinated Entry throughout the term of this Agreement, as described in Exhibit A. If, for any reason, this status is not maintained, the COUNTY may terminate this Agreement pursuant to Section Three (3) of this Agreement. F. In the event of any inconsistency among the documents described in Paragraph A herein above, the inconsistency shall be resolved by giving precedence in the following order of priority: 1) to this Agreement, including all Exhibits attached hereto; 2) COUNTY’s Revised RFP No. 19-011; and 3) SUBRECIPIENT’s Response to Revised RFP. A copy of COUNTY's Revised RFP 19 -011, and SUBRECIPIENT’s Response to Revised RFP, shall be retained and made available during the term of this Agreement by COUNTY's DSS. 2. TERM The term of this Agreement shall commence on April 28, 2020, through and including December 31, 2020. This Agreement may be extended for two (2) additional twelve (12) month periods upon the approval of both parties no later than thirty (30) days prior to the first da y of the next twelve-month extension period. The Director of the Department of Social Services or designee is authorized to execute such written approval on behalf of COUNTY based on SUBRECIPIENT’s satisfactory performance. 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. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Breach of Contract - The COUNTY may immediately suspend or terminate this Agreement in whole or in part, where in the determination of the COUNT Y 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) 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 Agreement in accordance with Exhibit B, “Budget Summary,” attached hereto and by this reference incorporated herein. Mandated travel shall be r eimbursed based on actual expenditures and mileage reimbursement shall be at SUBRECIPIENT’s adopted rate per mile, not to exceed the IRS published rate. In no event shall the cumulative total of this Agreement exceed Six Hundred Sixty Thousand, Four Hundred Eighty and No/100 Dollars ($660,480.00). For the period April 28, 2020 through December 31, 2020, in no event shall services performed under this Agreement be in excess of One Hundred Six Thousand and No/100 Dollars ($106,000.00). For each subsequent twelve (12) month period of this Agreement, in no event shall services provided under this Agreement be in excess of Two Hundred Seventy-Seven Thousand, Two Hundred Forty and No/100 Dollars ($277,240.00). Payments by COUNTY shall be in arrears, for services -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provided during the preceding month, within forty-five (45) days after receipt, verification, and approval of SUBRECIPIENT’s invoices by COUNTY. It is understood that all expenses incidental to SUBRECIPIENT’s performance of services under this Agreement shall be borne by SUBRECIPIENT. If SUBRECIPENT should fail to comply with any provision of this Agreement, COUNTY shall be relieved of its obligation for further compensation. Any compensation which is not expended by SUBRECIPIENT pur suant 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. 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. 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 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and function. However, COUNTY shall retain the right to administer this Agreement so as to verify that SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof. SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely no right to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all matters relating to payment of SUBRECIPIENT'S employees, including compliance with Social Security withholding and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to this Agreement. 7.MODIFICATION A.Any matters of this Agreement may be modified from time to time by the written consent of all the parties without, in any way, affecting the remainder. B.Notwithstanding the above, changes to line items in Exhibit B, Budget, in an amount not to exceed ten percent (10%) of the total maximum compensation as identified in Section Four (4) of this Agreement, may be made with the written approval of COUNTY’s DSS Director or designee and SUBRECIPIENT. Budget line item changes shall not result in any change to the maximum compensation amount payable to SUBRECIPIENT, as stated herein. C.SUBRECIPIENT hereby agrees that changes to the compensation under this Agreement may be necessitated by a reduction in funding from State and/or Federal sources. COUNTY’s DSS Director or designee may modify the maximum compensation depending on State and Federal funding availability, as stated in Section Four (4) in this Agreement. SUBRECIPIENT further 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. -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Comprehensive Automobile Liability Insurance with limits for bodily injury 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 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, -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 California and Federal statutes and regulations. 13.LIMITED ENGLISH PROFICIENCY SUBRECIPIENT shall provide interpreting and translation services to persons participating in -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Dir ector, 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 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 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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/. 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. -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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. -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Managemen t and Budget (OMB) Title 2 of the Code of Federal Regulations Part 200. SUBRECIPIENT shall submit said audit and management letter to COUNTY. The audit must include a statement of findings or a statement that there were no findings. If there were negative findings, SUBRECIPIENT must include a corrective action plan signed by an authorized individual. SUBRECIPIENT agrees to take action to correct any material non-compliance or weakness found as a result of such audit. Such audit shall be delivered to COUNTY’s DSS, Administration, for review within nine (9) months of the end of any fiscal year in which funds were expended and/or received for the program. Failure to perform the requisite audit functions as required by this Agreement may result in COUNTY performing the necessary audit tasks, or at COUNTY’s option, contracting with a public accountant to perform said audit, or, may result in the inability of COUNTY to enter into future agreements with SUBRECIPIENT. All audit costs related to this Agreement are the sole responsibility of SUBRECIPIENT. B.A single audit report is not applicable if all SUBRECIPIENT’s Federal contracts do not exceed the Seven Hundred Fifty Thousand Dollars ($750,000) requirement or SUBRECIPIENT’s funding is through Drug related Medi-Cal. If a single audit is not applicable, a program audit must be performed and a program audit report with management letter shall be submitted by SUBRECIPIENT to COUNTY as a minimum requirement to attest to SUBRECIPIENT’s solvency. Said audit report shall be delivered to COUNTY’s DSS, Accounting Office, for review no later than nine (9) months after the close of the fiscal year in which the funds supplied through this Agreement are expended. Failure to comply with this Act may result in COUNTY -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Executive Director Department of Social Services Community Action Partnership of Madera County P.O. Box 1912 1225 Gill Avenue Fresno, CA 93718-1912 Madera, CA 93637 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. 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, -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 utilize the FMCoC Coordinated Entry System for -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 all clients served under ESG. 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 Madera 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 for Madera 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 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: -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 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 -19- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 COUNTY 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// [N WITNESS WHEREOF , d1e pa1ties hereto have executed this Agreement as of th e day and year first 2 hereinabove \vTitte n. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUBRECIPlENT: COMM 'ITY ACTION PARTNERSHIP OF MADERA COUNTY By•4o4re Print Name: Tyson Pogue Tiile: Chairman of the Board Cha irm an of the Bo ard , or Pre sident , or any Vice President Bv ~ Print Name: Dav id Hernandez Title: Secretaryffreasurer Sec retary (of Corporation), or any Assistant Secretary or Chief Fina ncial Officer. or any Assista nt Treasurer Mail in g Address: Community Action Part ne rship of Madera Count y 1225 Gill A venue Madera, CA 9363 7 Ph one No : (5 59) 673-9173 Con tact: Chief Fina nci a l Officer FO R ACCO i 1T ING L'SE ONLY: Fund/Subclass : 0001/10000 ORG No.: 56107001 Account 1o.: 7870 D EN:cwc COUNTY OF FRESNO ~ ~ oftl11,,e----. ___ __, ___ -'- Bo ard of Sup erviso rs of the County of Fre sno ATT EST: ~BERNICE E. SEIDEL Cle rk of the Board of Supervisors County of Fresno. State of California By dv i)o •, ~ Deputy -20- Exhibit A Page 1 of 4 SUMMARY OF SERVICES ORGANIZATION: Community Action Partnership of Madera County, Inc. ADDRESS: 1225 Gill Avenue, Madera, CA 93637 SERVICE ADDRESS: 1225 Gill Avenue, Madera, CA 93637 SERVICES: Housing and Community Development Emergency Solutions Grant for Homeless Services in Madera County TELEPHONE: (559) 673-9173 CONTACT: Mattie Mendez, Executive Director EMAIL: mmendez@maderacap.org CONTRACT PERIOD: April 28, 2020 to December 31, 2020 January 1, 2021 to December 31, 2021 (optional) January 1, 2022 to December 31,2022 (optional) CORE SERVICES Community Action Partnership of Madera County , Inc. (CAPMC) will use the California Department of Housing and Community Development (HCD) Emergency Solutions Grant (ESG), to administer services to homeless individuals and families in Madera County in accordance with ESG regulations. CAPMC will provide the following services to assist home less individuals regain stable permanent housing: Rapid Rehousing, Homeless Prevention, Emergency Shelte r, and Street Outreach. CAPMC will also utilize the Homeless Management Information System (HMIS) approved by the Fresno Madera Continuum of Care to collect and record data. Two staff will be hired to provide ESG services and include an ESG Program Coordinator/ Outreach Worker and an ESG Case Manager/Outreach Worker. These staff will be supervised by CAPMC’s Community Services Program Manager to ensure program objectives are met. CAPMC staff will seek out homel ess individuals and families and attempt to provide housing servi ces to participants. CAPMC will provide Emergency Shelter in the form of hotel/motel vouchers when no appropriate emergenc y shelter is available and will document alternate options attempted. Staff will work with participants to assist with finding, applying for, and obtaining permanent housing. Rapid rehousing financial assistance will be provided as appropriate along with case management services. Staff will meet with program participants at least three times a month in order to ensure Exhibit A Page 2 of 4 clients are able to achieve their personal goals including obtaining and maintaining permanent housing. Homeless Prevention will be provided to individuals and families at- risk of becoming homeless. The income of all participants must be below 30% of Madera County’s median income as determined annually by HUD and must be verified and documented in each case file TARGET POPULATION • Individuals and families, defined by 24 CFR 576.2, as homeless or at-risk, with an income below 30% of Madera 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 precondi tions; 4. Families and individuals are connected to permanent housing as e arly 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 re sponsibilities 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, focused on the most urgent and immediate needs. The goal of Progressive Engagement is to empower 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, CAPMC will provide services to each household based on an individualized assessment of each budget, and require that a portion of rental expenses be paid from the program outset, even if that amount is minimal. CAPMC will closely monitor the progress and needs of the household to determine those that require additional assistance, and intervene with additional support if a need is identified. COUNTY RESPONSIBILITIES The County will meet with CAPMC staff monthly, or as often as needed, for service coordination, problem/issue resolution, information sharing, training, review, and monitoring of services. Exhibit A Page 3 of 4 CAPMC RESPONSIBILITIES CAPMC shall: • Provide annual Civil Ri ghts 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 the Fiscal Year or upon request by the County. • Adhere to all ESG Regulations including but not limited to 24 CFR 576 and CCR Title 25, Division 1, Chapter 7, Subchapter 20. • 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). • 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. • Provide Emergency Solutions Grant services described on the previous page under Core Services and as detailed in CAPMC's response to County’s RFP 19-011. • Provide hotel/motel vouchers, in accordance with ESG regulations, to homeless households only when the Emergency Shelter is full. • Notify the County if a position becomes vacant or if a vacancy is filled within 10 business days of an event. MONTHLY REPORTS CAPMC 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. PERFORMANCE OUTCOMES The following outcomes are to be met wi thin the specified contract terms: April 28, 2020 to December 31, 2020: • 15 households assisted with Emergency Shelter • 10 households assisted with Homeless Prevention Services • 10 households assisted with Rapid Rehousing financial assistance • Contact made with 100 unsheltered homeless through Street Outreach • 100% of HMIS entries made within 72 hours of program entry • 75% of househol ds assisted will exit to permanent housing Exhibit A Page 4 of 4 January 1, 2021 to December 31, 2021: • 30 households assisted with Emergency Shelter • 20 households assisted with Homeless Prevention Services • 15 households assisted with Rapid Rehousing financial assistance • Contact made with 200 unsheltered homeless through Street Outreach • 100% of HMIS entries made within 72 hours of program entry • 75% of households assisted will exit to permanent housing January 1, 2022 to December 31, 2022: • 30 households assisted with Emergency Shelter • 20 households assisted with Homeless Prevention Services • 15 households assisted with Rapid Rehousing financial assista nce • Contact made with 200 unsheltered homeless through Street Outreach • 100% of HMIS entries made within 72 hours of program entry • 75% of households assi sted will exit to permanent housing Exhibit B Rapid Rehousing 42,400.00$ Operational Expenses Housing Relocation and Stabilization Services Short- and Medium- Term Rental Assistance Emergency Shelter 15,900.00$ Operational Expenses Direct Client Assistance Street Outreach 15,900.00$ Operational Expenses Direct Client Assistance Homelessness Prevention 21,200.00$ Operational Expenses Direct Client Assistance Homeless Management Information System (HMIS)10,600.00$ Hardware Software Training and Technical Assistance TOTAL 106,000.00$ Rapid Rehousing 110,896.00$ Operational Expenses Housing Relocation and Stabilization Services Short- and Medium- Term Rental Assistance Emergency Shelter 41,586.00$ Operational Expenses Direct Client Assistance Street Outreach 41,586.00$ Operational Expenses Direct Client Assistance Homelessness Prevention 55,448.00$ Operational Expenses Direct Client Assistance Homeless Management Information System (HMIS)27,724.00$ Hardware Software Training and Technical Assistance TOTAL 277,240.00$ Community Action Partnership of Madera County Budget April 28, 2020 - December 31, 2020 Community Action Partnership of Madera County Budget January 1, 2022 - December 31, 2022 January 1, 2021 - December 31, 2021 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 1 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 2 (1) Company Board Member Information: Name: Date: Job Title: (2) Company/Agency Name and Address: (3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to): (4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a): (5) Authorized Signature Signature: Date: