HomeMy WebLinkAboutAgreement A-20-198 with Selma Community Outreach Ministries.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 Selma Community Outreach Ministries, a California Non-Profit Corporation, whose
address is 1701 Whitson St., Selma CA. 93662, hereinafter referred to as “SUBRECIPIENT.”
W I T N E S S E T H:
WHEREAS, COUNTY, on March 17, 2020 declared a Local Emergency in response to the
imminent and proximate threat of the Novel Coronavirus (COVID-19); and
WHEREAS, COUNTY, through the Department of Social Services (DSS), in response to said Local
Emergency and to the State of Emergency declared by the State of California on March 4, 2020, seeks to
provide shelter to individuals and families that are experiencing homelessness during the COVID-19
pandemic in order to reduce the spread of virus transmission; and
WHEREAS, COUNTY, through its Department of Social Services (DSS), has been designated to
administer and implement the Community Development Block Grant (CDBG) funds under the recent
Coronavirus Aid, Relief, and Economic Security (CARES) Act. This allocation, known as CDBG-CV,
provides funds for CDBG-eligible projects to address needs related to the COVID-19 pandemic for social
services activities, in accordance with the provisions of Title I of the Housing and Community Development
Act of 1974, as amended, and the laws of the State of California; and
WHEREAS, SUBRECIPIENT was identified as being capable and willing to provide said services in
an expedient manner pursuant to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions herein
contained, the parties hereto agree as follows:
1.OBLIGATIONS
A. SUBRECIPIENT shall perform all services set forth in Exhibit A, Summary of
Services, attached hereto and by this reference incorporated herein.
B. SUBRECIPIENT shall provide services pursuant to program expenses detailed in
Exhibit B, Budget, attached hereto and by this reference incorporated herein.
///
26th May
Agreement No. 20-198
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2.TERM
The term of this Agreement shall be for a period of sixty (60) days, commencing May 8,
2020, through and including the 6th day of July 2020. This Agreement may be extended for six (6)
additional consecutive thirty (30) day periods upon the approval of both parties no later than fifteen (15)
days prior to the first day of the next thirty (30) day 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.
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; or
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 the giving of thirty (30) days advance written notice of an intention to terminate to
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SUBRECIPIENT.
4.COMPENSATION
For actual services provided pursuant to the terms of this Agreement, COUNTY agrees to
pay SUBRECIPIENT and SUBRECIPIENT agrees to receive compensation in accordance with Exhibit B,
Budget Summary.
In no event shall the cumulative total of this Agreement exceed of Five Hundred Twenty-
Nine Thousand Six Hundred and Seventy-Two and No/100 Dollars ($529,672). In no event shall actual
services performed under this Agreement be in excess of Sixty-Six Thousand Two Hundred and Nine
and No/100 Dollars ($66,209) for each 30-day period.
It is understood that all expenses incidental to SUBRECIPIENT'S performance of
services under this Agreement shall be borne by SUBRECIPIENT. If SUBRECIPIENT should fail to
comply with any provision of the Agreement, COUNTY shall be relieved of its obligation for further
compensation. Any compensation which is not expended by SUBRECIPIENT pursuant to the terms and
conditions of this Agreement shall automatically revert to COUNTY. The services provided by the
SUBRECIPIENT under this Agreement are funded in whole or in part by the State of California. In the
event that funding for these services is delayed by the State Controller, COUNTY may defer payment to
SUBRECIPIENT. The amount of the deferred payment shall not exceed the amount of funding delayed
by the State Controller to the COUNTY. The period of time of the deferral by COUNTY shall not exceed
the period of time of the State Controller’s delay of payment to COUNTY plus forty-five (45) days.
COUNTY’s failure to inform SUBRECIPIENT that CDBG funds are provided under this
Agreement or of any reporting requirements shall not relieve SUBRECIPIENT of compliance with any
CDBG reporting requirements. In addition, SUBRECIPIENT shall inform COUNTY in writing of any
program income generated by the expenditure of CDBG funds. Any program income generated from the
use of CDBG funds must be returned to COUNTY’s CDBG program.
5.INVOICING
SUBRECIPIENT shall invoice COUNTY’s DSS in arrears by the tenth (10th) of each month
for expenditures incurred for Guest Services, as shown in Exhibit B, rendered in the previous month to:
DSSInvoices@fresnocountyca.gov. Payments by COUNTY’s DSS shall be in arrears, for actual Guest
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Services provided during the preceding month, within forty-five (45) days after receipt, verification, and
approval of SUBRECIPIENT’s invoices by COUNTY’s DSS. SUBRECIPIENT shall invoice COUNTY’s DSS
in advance by the first (1st) of each month for payment of Motel Rental/Lease as shown in Exhibit B for
rooms rented/leased for the following month to: DSSInvoices@fresnocountyca.gov. A monthly activity
report shall accompany the invoice, reflecting services supported by the invoiced expenditures, and include
necessary programmatic documentation including, but not limited to personal declarations’ of
homelessness, medical notes, or program intake documents, and be in a form and in such detail as
acceptable to the COUNTY’s DSS. Invoices shall include supporting documentation including, but not
limited to, receipts, invoices received, and documented administrative/overhead costs. No reimbursement
for services shall be made until invoices, reports, and complete documents are received, reviewed, and
approved by COUNTY’s DSS. All final claims for funding shall be submitted by SUBRECIPIENT within
sixty (60) days following the final month of services.
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)
day 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
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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.
8. NON-ASSIGNMENT
Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties
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under this Agreement without the prior written consent of the other party.
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
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
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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, 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
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by COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance
provided under SUBCONTRACTOR'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 or applicant for employment, or recipient of services, because of ethnic group
identification, gender, gender identity, gender expression, sexual orientation, color, physical disability,
mental disability, medical condition, national origin, race, ancestry, marital status, religion, or religious
creed, pursuant to all applicable State of California and Federal statutes and regulations.
13.LIMITED ENGLISH PROFICIENCY
SUBRECIPIENT shall provide interpreting and translation services to persons participating
in SUBRECIPIENT’s services who have limited or no English language proficiency, including services to
persons who are deaf or blind. Interpreter and translation services shall be provided as necessary to allow
such participants meaningful access to the programs, services and benefits provided by SUBRECIPIENT.
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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.CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND
VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS
A.COUNTY and SUBRECIPIENT recognize that SUBRECIPIENT is a recipient of State
funds under the terms of this Agreement. By signing this Agreement, SUBRECIPIENT agrees to notify
COUNTY of any past, present, or future Federal suspension or debarment. By signing this Agreement,
SUBRECIPIENT attests to the best of its knowledge and belief, that it and its principals:
1)Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded by any Federal department or agency; and
2)Shall not knowingly enter into any covered transaction with an entity or person
who is proposed for debarment under Federal regulations, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in such transaction.
B.SUBRECIPIENT shall provide immediate written notice to COUNTY if at any time
during the term of this Agreement SUBRECIPIENT learns that the representations it makes above were
erroneous when made or have become erroneous by reason of changed circumstances.
C. SUBRECIPIENT shall include a clause titled “Certification Regarding Debarment,
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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15.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.
16.DATA SECURITY
For the purpose of preventing the potential loss, misappropriation or inadvertent
disclosure of COUNTY data including sensitive or personal client information; abuse of COUNTY
resources; and/or disruption to COUNTY operations, individuals and/or agencies that enter into a
contractual relationship with COUNTY for the purpose of providing services under this Agreement must
employ adequate data security measures to protect the confidential information provided to
SUBRECIPIENT by COUNTY, including but not limited to the following:
A. SUBRECIPIENT-Owned Mobile/Wireless/Handheld Devices may not be
connected to COUNTY networks via personally owned mobile, wireless or handheld devices, except
when authorized by COUNTY for telecommuting and then only if virus protection software currency
agreements are in place, and if a secure connection is used.
B. SUBRECIPIENT-Owned Computers or Computer Peripherals may not brought
into COUNTY for use, including and not limited to mobile storage devices, without prior authorization
from COUNTY’s Chief Information Officer or her designee. Data must be stored on a secure server
approved by COUNTY and transferred by means of a VPN (Virtual Private Network) connection, or
another type of secure connection of this type if any data is approved to be transferred.
C.County-Owned Computer Equipment – SUBRECIPIENT or anyone having an
employment relationship with COUNTY may not use COUNTY computers or computer peripherals on
non-COUNTY premises without prior authorization from COUNTY’s Chief Information Officer or her
designee.
D.SUBRECIPIENT may not store COUNTY’s private, confidential or sensitive data
on any hard-disk drive.
E. SUBRECIPIENT are responsible to employ strict controls to insure the integrity
and security of COUNTY’s confidential information and to prevent unauthorized access to data
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maintained in computer files, program documentation, data processing systems, data files and data
processing equipment which stores or processes COUNTY data internally and externally.
F. Confidential client information transmitted to one party by the other by means of
electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of 128
BIT or higher. Additionally, a password or pass phrase must be utilized.
G.SUBRECIPIENT are responsible to immediately notify COUNTY of any breaches
or potential breaches of security related to COUNTY’s confidential information, data maintained in
computer files, program documentation, data processing systems, data files and data processing
equipment which stores or processes COUNTY data internally or externally.
H.The requirements in this Data Security provision shall apply to SUBRECIPIENT’s
subcontractors, if any.
17.PROPERTY OF COUNTY
SUBRECIPIENT agrees to take reasonable and prudent steps to ensure the security of
any and all said hardware and software provided to it by COUNTY under this Agreement, to maintain
replacement-value insurance coverages on said hardware and software of like kind and quality
approved by COUNTY.
All purchases over Five Thousand Dollars ($5,000) made during the life of this
Agreement that will outlive the life of this Agreement shall be identified as fixed assets with an assigned
Fresno County DSS Accounting Inventory Number. These fixed assets shall be retained by COUNTY,
as COUNTY property, in the event this Agreement is terminated or upon expiration of this Agreement.
SUBRECIPIENT agrees to participate in an annual inventory of all COUNTY fixed assets and shall be
physically present when fixed assets are returned to COUNTY possession at the termination or
expiration of this Agreement. SUBRECIPIENT is responsible for returning to COUNTY all COUNTY
owned fixed assets upon the expiration or termination of this Agreement.
18.INDEPENDENT AUDIT
A.COUNTY reserves the right to perform or cause to be performed a financial audit. At
COUNTY’s request, the SUBRECIPIENT shall provide, at its own expense, a financial audit prepared by a
certified public accountant.
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1)If a financial audit is required by COUNTY, the audit shall be performed by an
independent certified public accountant.
2) The SUBRECIPIENT shall notify COUNTY of the auditor’s name and address
immediately after the selection has been made. The contract for the audit shall
allow access by COUNTY and State representatives to the independent auditor’s
working papers.
3) The SUBRECIPIENT is responsible for the completion of audits and all costs of
preparing audits.
4) The completed audit report shall be submitted by the auditor to COUNTY within
three business days of completion.
5)If there are audit findings, the SUBRECIPIENT must submit a detailed response
acceptable to COUNTY for each audit finding within 90 days from the date of the
audit finding report.
B.Failure to comply with the above provision 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 SUBRECIPIENT at COUNTY cost, as determined by
COUNTY’s Auditor-Controller/Treasurer-Tax Collector.
19.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 California State Auditor for a period of three (3) years after final
payment under contract (Government Code Section 8546.7).
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SUBRECIPIENT shall make available all records and accounts for inspection and audit by
COUNTY, the State of California, the Comptroller General of the United States, a 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.
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.
20.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.
21.CHARITABLE CHOICE
SUBRECIPIENT may not discriminate in its program delivery against a client or potential
client on the basis of religion or religious belief, a refusal to hold a religious belief, or a refusal to actively
participate in a religious practice. Any specifically religious activity or service made available to individuals
by the SUBRECIPIENT must be voluntary as well as separate in time and location from COUNTY funded
activities and services. SUBRECIPIENT shall inform COUNTY as to whether it is faith-based. If
SUBRECIPIENT identifies as faith-based, they must submit to DSS a copy of its policy on referring
individuals to alternate treatment SUBRECIPIENT, and include a copy of this policy in their client admission
forms. The policy must inform individuals that they may be referred to an alternative provider if they object
to the religious nature of the program, and include a notice to DSS. Adherence to this policy will be
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monitored during site reviews, and a review of client files. If SUBRECIPIENT identifies as faith-based, by
July 1 of each year SUBRECIPIENT will be required to report to DSS the number of individuals who
requested referrals to alternate providers based on religious objection.
22.GRIEVANCES
SUBRECIPIENT shall establish procedures for handling client complaints and/or
grievances. Such procedures will include provisions for informing clients of their rights to a State
Hearing to resolve such issues.
23.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).
24.PUBLIC INFORMATION
SUBRECIPIENT shall disclose COUNTY as a funding source in all public information and
program materials developed in support of contracted services.
25.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 Chief Executive Officer Department of Social Services Selma Community Outreach Ministries P.O. Box 1912 1701 Whitson St. Fresno, CA 93718-1912 Selma, CA 93662
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
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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).
26.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.
27.INTERPRETATION OF LAWS AND REGULATIONS
COUNTY reserves the right to make final interpretations or clarifications on issues
relating to Federal and State laws and regulations, to ensure compliance.
28.COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
COUNTY, its officers, consultants, subcontractors, agents and employees shall comply
with all applicable State, Federal and local laws and regulations governing projects that utilize Federal
Funds. SUBRECIPIENT shall specifically comply with all rules and regulations in accordance with 24
CFR Part 570 - Community Development Block Grants.
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
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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.DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the SUBRECIPIENT is operating as a corporation (a
for-profit or non-profit corporation) or if during the term of the agreement, the SUBRECIPIENT changes
its status to operate as a corporation.
Members of the SUBRECIPIENT’s Board of Directors shall disclose any self-dealing
transactions that they are a party to while SUBRECIPIENT is providing goods or performing services
under this agreement. A self-dealing transaction shall mean a transaction to which the SUBRECIPIENT
is a party and in which one or more of its directors has a material financial interest. Members of the
Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and
signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and incorporated
herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing
transaction or immediately thereafter.
32.CHILD ABUSE REPORTING
SUBRECIPIENT shall utilize a procedure acceptable to County to ensure that all of
SUBRECIPIENT’s employee’s volunteer’s, consultants, subcontractor or agents performing services
under this Agreement shall report all known or suspected child abuse or neglect to one or more of the
agencies set forth in Penal Code Section 11165.9. This procedure shall include having all of
SUBRECIPIENT’S employees, volunteers, consultants, subcontractor or agents performing services
under this Agreement sign a statement that he or she knows of and will comply with the reporting
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requirements set forth in Penal Code Section 11166. The statement to be utilized by SUBRECIPIENT’s is
set forth in Exhibit D, attached hereto and by this reference incorporated herein.
33. 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.
34. 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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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
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4 SUBRECIPIENT:
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utreach Ministries
Print Nam c;_...J~~:>,L_,.;______J~~,<:..j-.:~--~
Title: C)1,·e / 6/-Rc.,,J,w_.
By:
Delfina Vazquez, Chief Executive
Officer
Print Name: NeoVVli C.cw.,,.,'s-ei. le.
Title: T ~er
Neom i Carrisales, Treasurer
Mailing Address:
1701 Whitson St.
Selma, CA 93662
Phone No: (559) 836-8165
Contact: Delfina Vazquez
20 FOR ACCOUNTING USE ONLY :
21 Account No .: 7870
ORG No.: 56107001
22 Fund/Subclass: 0001/10000
23
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28 DEN:rm
COUNTY OF FRESNO
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ATTEST:
Bern ice E. Se idel
Clerk of the Board of Supervisors
County of Fresno, State of California
By : c1,,.,,, •, ~
Deputy
Exhibit A
Page 1 of 2
SUMMARY OF SERVICES
ORGANIZATION: Selma Community Outreach Ministries
ADDRESS: 1701 Whitson St., Selma CA., 93662
TELEPHONE: (559)836-8165
CONTACT: Delfina Vazquez
EMAIL: selmacomdelfina@gmail.com
CONTRACT: Homeless Shelter Services
CONTRACT TERM: May 8, 2020 through July 6, 2020
July 7, 2020 through August 5, 2020 (optional)
August 6, 2020 through September 4, 2020 (optional)
September 5, 2020 through October 4, 2020 (optional)
October 5, 2020 through November 3, 2020 (optional)
November 4, 2020 through December 3, 2020 (optional)
December 4, through January 3, 2021 (optional)
DESCRIPTION OF SERVICES
Selma Community Outreach Ministries (SCOM) will provide up to 30 rooms per night at the
Super 8 Motel in Selma to shelter homeless individuals who desire shelter during the COVID-19
State of Emergency. Additionally, SCOM will provide services including meal preparation and
delivery to homeless individuals being sheltered at the Super 8 Motel in Selma, as well as
provide and manage personnel to watch over the homeless individuals being sheltered at the
Super 8 Motel in Selma. This is intended to provide meals and a safe environment for homeless
individuals during the COVID-19 State of Emergency.
CONTRACTOR RESPONSIBILITIES
Contractor will:
•Place homeless individuals who desire shelter at the Selma Super 8 Motel regardless of
gender, sexual orientation or marital status.
•Allow guests to enter Super 8 Motel with their partners and/or children possessions; pets
will not be allowed.
•Provide daily meal service to guests twice daily, up to 75 guests.
•Ensure limited evening personnel is onsite at Super 8 Motel to maintain guest security.
•Ensure compliance with local, state, and federal public health directives, including
practicing social distancing, limiting guest travel, and ensuring ill staff do not report to
work.
•Work with the Motel to set aside private rooms away from groups of people for
individuals appearing ill.
•Ensure compliance with the Americans with Disabilities Act (ADA) to accommodate
people with disabilities.
•Ensure security protocols are in place for emergency incidents, including but not limited
to medical emergencies and communicable disease.
•Establish protocols to handle both suspected and confirmed cases of COVID-19.
•Provide necessary transportation for guests, such as doctor visits or transportation to a
hospital if advised by a healthcare professional.
Exhibit A
Page 2 of 2
•Publicly display proper hygiene recommendations throughout each facility.
Exhibit B
Page 1 of 1
BUDGET SUMMARY
ORGANIZATION: Selma Community Outreach Ministries
SERVICES: Homeless Services
CONTRACT TERM: May 8, 2020 through July 6, 2020
July 7, 2020 through August 5, 2020 (optional)
August 6, 2020 through September 4, 2020 (optional)
September 5, 2020 through October 4, 2020 (optional)
October 5, 2020 through November 3, 2020 (optional)
November 4, 2020 through December 3, 2020 (optional)
December 4, through January 3, 2021 (optional)
CONTRACT TOTAL: $529,672
MONTHLY BUDGET: $66,209
30-Day Budget
Guest Services Amount
Personnel
Salaries
Payroll Taxes
Benefits
Subtotal $8,198
Operations
Food – $14 per person, per day, up to 75 people
Supplies
Fuel/Mileage
Auto Insurance
Workers Comp
Subtotal $1,919
Administration
Administrative Costs for Personnel & Operations (10%)
Subtotal $1,012
Total for Guest Services $11,129
Motel Rental/Lease
Super 8 - $60 per room, per night, up to 30 rooms per month
Subtotal $54,000
Administration
Administrative Costs related to Super 8 (2%)
Subtotal $1,080
Total for Motel Rental/Lease $55,080
Grand Total $66,209
Exhibit C
Page 1 of 2
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as “County”),
members of a contractor’s board of directors (hereinafter referred to as “County Contractor”),
must disclose any self-dealing transactions that they are a party to while providing goods,
performing services, or both for the County. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in
which one or more of its directors has a material financial interest”
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1)Enter board member’s name, job title (if applicable), and date this disclosure is being
made.
(2)Enter the board member’s company/agency name and address.
(3)Describe in detail the nature of the self-dealing transaction that is being disclosed to
the County. At a minimum, include a description of the following:
a.The name of the agency/company with which the corporation has the
transaction; and
b.The nature of the material financial interest in the Corporation’s transaction that
the board member has.
(4)Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5)Form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
Exhibit C
Page 2 of 2
(1) Company Board Member Information:
Name: Date:
Job
Title:
(2)Company/Agency Name and Address:
(3)Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations
Code 5233 (a):
(5) Authorized Signature
Signature: Date:
Exhibit D
Page 1 of 1
NOTICE OF CHILD ABUSE REPORTING LAW
The undersigned hereby acknowledges that Penal Code section 11166 and the contractual
obligations between County of Fresno (COUNTY) and Selma Community Outreach Ministries.
(CONTRACTOR) related to provision of emergency shelter care services for COUNTY’s dependent
children, requires that the undersigned report all known or suspected child abuse or neglect to one or more
of the agencies set forth in Penal Code (P.C.) section (§) 11165.9.
For purposes of the undersigned’s child abuse reporting requirements, “child abuse or neglect”
includes physical injury inflicted by other than accidental means upon a child by another person, sexual
abuse as defined in P.C. §11165.1, neglect as defined in P.C. §11165.2, willful cruelty or unjustifiable
punishment as defined in P.C. §11165.3, and unlawful corporal punishment or injury as defined in P.C.
§11165.4.
A child abuse report shall be made whenever the undersigned, in his or her professional capacity
or within the scope of his or her employment, has knowledge of or observes a child whom the
undersigned knows, or reasonably suspects has been the victim of child abuse or neglect. (P.C §11166.)
The child abuse report shall be made to any police department or sheriff’s department (not including a
school district police or security department), or to any county welfare department, including Fresno
County Department of Social Services’ 24 Hour CARELINE. (See PC §11165.9.)
For purposes of child abuse reporting, a “reasonable suspicion” means that it is objectively
reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a
like position, drawing, when appropriate, on his or her training and experience, to suspect child abuse or
neglect. The pregnancy of a child does not, in and of itself, constitute a basis for reasonable suspicion of
sexual abuse. (P.C.§11166(a)(1).)
Substantial penalties may be imposed for failure to comply with these child abuse reporting
requirements.
Further information and a copy of the law may be obtained from the department head or designee.
I have read and understand the above statement and agree to comply with the child abuse
reporting requirements.
_____________________________________ _________________________
SIGNATURE DATE