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HomeMy WebLinkAbout32111AGREEMENT NO.15-287 AGREEMENT This Agreement is made and entered into this \to"^"day of "3ur><L 2015,by and between the COUNTY OF FRESNO,a Political Subdivision of the State of California,hereinafter referred to as "COUNTY",and FRESNO ECONOMIC OPPORTUNITIES COMMISSION,a private non-profitcorporation,whose addressis 1920Mariposa Mall,Suite 300, Fresno,CA, 93721, hereinafter referred to as "CONTRACTOR." WITNESSETH: WHEREAS, COUNTY, through its Department of Social Services (DSS); is in need of a transitionallivingcenter in FresnoCounty for homelessformer foster youth and youthemancipating from foster care;and WHEREAS,CONTRACTOR was awarded a Federal grant in the amount of $597,022 through the UnitedStates Departmentof Housingand Urban Development(HUD) forthe purposeof continuing a transitional youthhousing program that focuses on serving homeless former foster care and probation youth; and WHEREAS, COUNTY'S DSS agrees to participate as a partner and provide a funding match for this transitional youth housing program. NOW,THEREFORE,in consideration of their mutual covenants and conditions,the Parties hereto agree as follows: 1.SERVICES A.CONTRACTOR shall be held responsible for all services as set forth in Exhibit A,"Summaryof Services," attachedhereto and by this referenceincorporatedherein. B.CONTRACTOR shall submit monthly and end of term reports as further described in Section Five (5)of this Agreement. C. COUNTY'S DSS shall be held responsible for services as set forth in Exhibit A, "Summary of Services,'-pageThree(3), underthe heading,"COUNTY'S RESPONSIBILITIES." /// /// COUNTY OF FRFSNO Fresno,CA 2.TERM This Agreement shall become effective onthe 1st day of March,2015 and shall terminate onthe 29n dayof February 2016. This Agreement shall have an option to be extended for one (1) additional twelve (12) month period upon the same terms and conditions herein set forth,unless written notice of non renewal is given by CONTRACTOR or COUNTY or COUNTY'S DSS Director not later than sixty (60) days prior to the close of the current Agreement term. 3.TERMINATION A.Non-Allocation of Funds — The terms of this Agreement,and the services to be provided thereunder, are contingent on the approval of funds by the appropriating government agency. Should sufficient funds not be allocated to COUNTY,the services provided may be modified,or this Agreement terminated by COUNTY at any time by giving CONTRACTOR thirty (30) days advance written notice.Should sufficient Federal grant funds, through HUD. for the purpose of continuing a transitional youth housing program that focuses on serving homeless fonner foster care and probation youth, not be awarded to CONTRACTOR,the services provided may be modified,or this Agreement terminated by COUNTY at any time by giving CONTRACTOR thirty (30) days advance written notice. B. Breach of Contract —COUNTY may immediately suspend or terminate this Agreement,in whole or in part,where in the determination of 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 COUNTY; 4)Improperly performed service. In no event shall any payment by COUNTY constitute a waiver by COUNTY of any breach of this Agreement or any default which may then exist on the part of CONTRACTOR.Neither shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or default.COUNTY shall have the right to demand of CONTRACTOR the repayment to COUNTY of any funds disbursed to CONTRACTOR under this Agreement,which in the judgment of COUNTY -2 -COUNTY OF FRKSNO Fresno,CA were not expended in accordance withthetermsofthis Agreement.CONTRACTOR shall promptly refundany such funds upon demand or, at the COUNTY'Soption, such repaymentshall be deducted from future payments owing to CONTRACTOR under this Agreement. C Without Cause —Under circumstances other than those set forth above, this Agreement may be terminated by CONTRACTOR or COUNTY or COUNTY'S DSS Director,or designee, upon the giving of thirty (30) days advance written notice of the intention to terminate the Agreement. 4-COMPENSATION For actual services provided as identified in the terms and conditions of this Agreement, including Exhibit A,"Summary of Services," COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive compensation in accordance with Exhibit B, •'Budget,"attached hereto and by this reference incorporated herein.Mandated travel shall be reimbursed based on actual expenditures and mileage reimbursement shall be at CONTRACTOR'S adopted rate per mile, not to exceedthe IRSpublished rate. Paymentshall be made upon certificationor other proof satisfactory to COUNTY'S DSS that services have actually been performed by CONTRACTOR as specified in this Agreement. CONTRACTOR agrees to limit administrative cost to a maximum of 15%of the total program budget and to limit employee benefits to a maximum of 20%of total salaries for those employees working under this Agreement during the term of this Agreement.Failure to conform to this provision will be grounds for contract termination at the option of the County of Fresno. For each twelve (12)month period of this Agreement,in no event shall services performed under this Agreement be in excess of One Hundred Thirty-Four Thousand,Six Hundred Seventy and No/100 Dollars ($134,670.00).The cumulative total of this Agreement shall not be in excess of Two Hundred Sixty-Nine Thousand,Three Hundred Forty and No/100 Dollars ($269,340.00). It is understood that all expenses incidental to CONTRACTOR'S performance of services under this Agreement shall be borne by CONTRACTOR. Except as provided as provided below regarding State payment delays,payments by COUNTY shall be in arrears,for services provided during the preceding month,within forty-five (45) COUNTY OF FRKSNO Fresno,CA days after receipt,verification and approval of CONTRACTOR'S invoices by COUNTY'S DSS.If CONTRACTOR shouldfailto complywithany provision ofthis Agreement,COUNTY shallbe relieved ofits obligation for further compensation.All final claims shall be submitted by CONTRACTOR within sixty (60)days following the final month of service for which payment is claimed.No action shall be taken by COUNTY on claims submitted beyond the sixty (60)day closeout period.Any compensation which isnot expended by CONTRACTOR pursuant tothe terms and conditionsof this Agreementshall automaticallyrevertto COUNTY. The servicesprovided by CONTRACTORunderthis Agreementare funded in wholeor inpartbythe State of California.Inthe event that funding for these services is delayed by the State Controller,COUNTY may defer payment to CONTRACTOR.The amount ofthe deferred payment shall not exceed the amount of funding delayed bythe State Controller to COUNTY.The period of time ofthe deferral by COUNTY shall not exceed the period of time ofthe State Controller's delay of payment to COUNTY plus forty-five (45) days. 5.INVOICING CONTRACTOR shall invoice COUNTY in arrears by the tenth (10,h)of each month for actual expenses incurred and services rendered in the previous month to: DSSInvoices@co.fresno.ca.us.A monthly activity report shall accompany the invoice,reflecting services supported bythe invoiced expenditures andbeina form andinsuch detail as acceptable to COUNTY'S DSS.Invoices shall include all supporting documentation submitted and identified by line item, as identified in Exhibit B. Supporting documentation shall include but is not limited to receipts,invoices received,and documented administrative/overhead costs.No reimbursement for services shall bemadeuntil invoices,reports and outcomes are received,reviewed and approved by COUNTY'S DSS. At the discretion of COUNTY'S DSS Director or designee,if an invoice is incorrect or is otherwisenot in proper form or substance,COUNTY'SDSS Directoror designeeshall havethe right to withholdpaymentas to only that portionof the invoicethat is incorrector improperafter five (5) days prior notice to CONTRACTOR. CONTRACTOR agrees to continue to provide services for a periodof sixty(60) days after notificationof an incorrector improperinvoice. If afterthe sixty(60) COUNTY OF FRFSNO Fresno,CA day period,the invoice(s)is still not corrected to COUNTY'S DSS satisfaction,COUNTY'S DSS Director or designee may elect to terminate this Agreement,pursuant tothe termination provisions stated in Section Three (3)ofthis Agreement.In addition,for invoices received sixty (60)days after the expiration ofeachtermofthis Agreement or termination ofthis Agreement,atthe discretion of COUNTY'S DSS Director or designee,COUNTY'S DSS shall have the right to deny payment ofany additional invoices received. 6.INDEPENDENT CONTRACTOR In performanceof the work, duties, and obligationsassumed by CONTRACTORunder this Agreement,it is mutually understood and agreed that CONTRACTOR,including any and all of CONTRACTOR'S officers,agents,and employees willat alltimesbe acting and performing asan independent contractor,and shall actinan independent capacity andnotasan officer,agent,servant, employee,joint venturer,partner, or associate of COUNTY.Furthermore.COUNTY shall have no right to control or supervise or direct the manner or method by which CONTRACTOR shall perform its work and function.However,COUNTY shall retaintherightto administer this Agreement soasto verify that CONTRACTOR is performing its obligations in accordance with the terms and conditions thereof.CONTRACTOR and COUNTY shallcomplywithall applicable provisions of lawandthe rules and regulations, if any,of governmental authorities having jurisdiction over matters which are directly or indirectly the subject of this Agreement. Because of its status as an independent contractor,CONTRACTOR shall have absolutely norightto employment rightsand benefits available to COUNTY employees. CONTRACTOR shallbe solelyliableand responsible for providing to, or on behalfof, its employees all legally-required employee benefits. In addition,CONTRACTORshall besolely responsibleand saveCOUNTYharmless fromall mattersrelatingto paymentof CONTRACTOR'S employees, includingcompliance with Social Security,withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, CONTRACTOR may be providing services to others unrelated to COUNTY or to this Agreement. 7.MODIFICATION A. Any matters of this Agreement may be modified from time to time by the written COUNTY OF FRFSNO Fresno,CA consent of allthe parties without,inany way.affectingthe remainder. B.Notwithstanding the above,changes toline items inthe budget,attached hereto as Exhibit B,inan amount not to exceed 10%of the total maximum compensation as identified in Section Four(4)ofthis Agreement,may be made with the written approval of COUNTY'S DSS Director or designee and CONTRACTOR.Budget line item changes shall not result in any change to the maximum compensation amount payable to CONTRACTOR, as stated herein. C.CONTRACTOR hereby agrees that changes tothe compensation under this Agreementmay be necessitatedby a reduction in fundingfrom State and/or Federalsources. COUNTY'S DSS Director or designee may modify the maximum compensation depending on State and Federal funding availability,as stated in Section Four (4)inthis Agreement.CONTRACTOR further understands thatthis Agreement is subjectto 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 subcontract this Agreement northeir rights or duties under this Agreement without the prior written consent oftheother party. 9.HOLD-HARMLESS CONTRACTOR agrees to indemnify,save,hold harmless,andat COUNTY'S request, defend COUNTY,its officers,agents and employees from any and all costs and expenses,including attorney fees andcourt costs,damages,liabilities,claims and losses occurring or resulting to COUNTYin connectionwith the performance,or failureto perform,by CONTRACTOR,its officers, agents or employees under this Agreement,and from anyandallcostsand expenses,including attorney fees andcourtcosts,damages,liabilities,claimsand losses occurring or resulting toany person,firm or corporation whomaybe injured or damaged bythe performance,or failure to perform, of CONTRACTOR,its officers, agentsor employeesunder this Agreement. In addition, CONTRACTOR agrees to indemnify COUNTY for Federal,State of California and/or local audit exceptions resulting from noncompliance herein on the part of the CONTRACTOR. 10-INSURANCE Without limiting COUNTY'S right to obtain indemnification from CONTRACTOR or COUNTY OF FRFSNO Fresno.CA anythirdparties, CONTRACTOR,at its soleexpense,shall maintain in full forceand effectthe following insurancepoliciesthroughoutthe term of this Agreement: A.Commercial General Liability Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000)per occurrence andan annual aggregate of Two Million Dollars ($2,000,000).This policy shall be issuedon a per occurrencebasis. COUNTYmay require specificcoverageincludingcompletedoperations, product liability,contractualliability,Explosion,Collapse,and Underground (XCU), fire legal liabilityor any other liabilityinsurancedeemednecessary because of the nature of the Agreement. B.Automobile Liability ComprehensiveAutomobileLiabilityInsurancewith limits forbodilyinjury of not less than Two Hundred Fifty Thousand Dollars ($250,000) per person, Five HundredThousand Dollars($500,000)per accidentand for propertydamagesof not less than Fifty Thousand Dollars ($50,000), or such coverage with a combined single limit of Five HundredThousand Dollars ($500,000).Coverage should include owned and non-owned vehicles used in connection with this Agreement. C.Professional Liability If CONTRACTOR employs licensed professional staff (e.g. Ph.D., R.N., L.C.S.W., M.F.C.T.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, Three Million Dollars ($3,000,000) annual aggregate. CONTRACTOR agrees that it shall maintain, at its sole expense, in full force and effect for a period of three (3) years following the termination of this Agreement,one or more policies of professional liability insurance with limits of coverage as specified herein. D.Worker's Compensation A policy of Worker's Compensation Insurance as may be required by the California Labor Code. CONTRACTOR 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 COUNTY OF FRFSNO Fresno,CA excess only and not contributing with insurance provided under CONTRACTOR'S policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30)days advance written notice given to COUNTY. Within thirty (30)days from the date CONTRACTOR signs this Agreement, CONTRACTOR shall provide certificates of insurance and endorsements as stated above for all of the foregoing policies,as required herein,to DSSInvoices@co.fresno.ca.us or mail to the County of Fresno,DSS,PO BOX 1912,Fresno,California,93718-1912,Attention:Contracts,stating that such insurance coverages have been obtained andarein full force;thatthe County of Fresno,its officers, agents and employees will not be responsible forany premiums onthe policies;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 asthe operations under this Agreement are concerned;that such coverage for additional insured shallapplyas primary insurance and any other insurance,or self-insurance,maintained by COUNTY,its officers,agents and employees,shallbeexcessonlyandnot contributing with insurance provided under CONTRACTOR'S policies herein;andthatthis insurance shall notbe cancelled or changed without a minimumof thirty(30) days advance, writtennotice givento COUNTY. Inthe event CONTRACTOR fails to keep in effect atall times insurance coverage as herein provided,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 with admitted insurers licensed to do business in the State of California.Insurance purchased shall be from companies possessing a current A.M.Best,Inc.rating ofAFSC VII or better. 11.CONFIDENTIALITY All services performed by CONTRACTOR under this Agreement shall be in strict conformance withall applicable Federal,Stateof California and/or local lawsand regulations relating to confidentiality. 12.NON-DISCRIMINATION CONTRACTOR hereby agrees that in the performance of this Agreement, it will - 8 -COUNTY OF FRFSNO Fresno,CA comply with Title VI and VII of the Civil Rights Act of 1964 as amended; Section 504 of the Rehabilitation Act of 1973 as amended; the Age Discrimination Act of 1975 as amended; the Food Stamp Act of 1977, as amended and in particular Section 272.6; Title II of the Americans with DisabilitiesAct of 1990;CaliforniaCivil Code Section 51 et seq.,as amended; California Government Code Section 11135-11139.5,as amended;the Fair Labor Standards Act;California Government Code Section 4450; Title 22, California Code of Regulations Section 98000 -98413;the Dymally-Alatorre Bilingual Services Act (California Government CodeSection 7290-7299.8);Section 1808 of the Removal of Barriers to Interethnic Adoption Actof 1996;andother applicable federal and state laws, as well as their implementing regulations [including, but not limited to, 45 Code of Federal Regulations (CFR) Parts 80, 84, and 91, 7 CFR Part 15,and 28 CFR Part42], by ensuringthat employment practicesandthe administration of public assistance andsocialservices programs are nondiscriminatory,to the effect that no personshall because of ethnic group identification,age, sex, gender,genderidentity,genderexpression,sexual orientation,color, physicaldisability,mental disability,medicalcondition, nationalorigin,race, ancestry,marital status,religion,or religiouscreed be excluded from participation inor bedeniedthe benefits of. or beotherwisesubjectto discrimination under any program or activity receiving federal or state financial assistance. CONTRACTOR agrees that it will immediately take any measures necessary to effectuate the terms of this Non-Discrimination provision. CONTRACTOR gives the above agreement in consideration of and for the purpose of obtaining any and all federal and state assistance. CONTRACTOR hereby agrees that administrative methods/procedures which have the effect of subjecting individuals to discrimination or defeating the objectives of the California Department of Social Services (CDSS)Manual of Policies and Procedures (MPP)Chapter 21, will be prohibited. CONTRACTOR agrees to compile data,maintain records and submit reports as required, to permit effective enforcement of the aforementioned laws, rules and regulations and permit authorized COUNTY, CDSS and/or federal government personnel, during normal working hours, to review such records, books and accounts as needed to ascertain compliance. If there are any violations of this Non-Discrimination Section, CDSS shall have the right to invoke fiscal sanctions or COUNTY OF FRFSNO Fresno,(."A otherlegal remedies in accordance with Welfare and Institutions CodeSection 10605,or Government Code Section 11135-11139.5.or any other laws,or the issue may be referred to the appropriate federal agency for further compliance action and enforcement ofthis Section.Furthermore,ifan allegation of discrimination occurs, COUNTY may withhold all further funds, until CONTRACTOR can show clearand convincing evidence to the satisfaction of COUNTY that funds provided under this Agreement were not used in connection with the alleged discrimination. A. EmploymentOpportunity -CONTRACTORshall comply withthe COUNTY policyandthe Equal Employment Opportunity Commission guidelines,which forbid discrimination against any person onthe grounds of ethnic group identification,age,sex,gender,gender identity, gender expression,sexual orientation,color,physical disability,mental disability,medical condition, national origin,race,ancestry,marital status,religion,or religious creed in employment practices. Such practices include retirement,recruitment advertising,hiring,layoff,termination,upgrading, demotion, transfer, rates of pay or other forms of compensation, use of facilities and other terms and conditions of employment. B. Nepotism- Exceptby consent of the COUNTY'S DSS Director,or designee,no personshallbe employed by CONTRACTORwho is related by bloodor marriageto, or who is a member of the Board of Directors or an officer of CONTRACTOR. C. The requirementsstatedabove are bindingon CONTRACTORdirectlyor through contract, license, or other provider services, as long as it receives federal or state assistance. 13.CONFLICT OF INTEREST No officer, agent, or employee of COUNTY who exercises any function or responsibility for planning and carrying outthe services provided underthis Agreement shall have any director indirect personal financial interestin this Agreement.No officer,agent,or employee of COUNTY who exercises any function or responsibility for planning and carrying out the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. In addition, no employee of COUNTY shall be employed by CONTRACTOR to fulfill any contractual obligations with COUNTY. CONTRACTOR shall also comply with all Federal, State of California,and localconflict of interest laws,statutes,and regulations,which shall beapplicableto COUNTY OF FRFSNO Fresno.CA all parties and beneficiaries under this Agreement and any officer,agent,or employee of COUNTY. 14.CHILD ABUSE REPORTING CONTRACTOR shallutilizea procedure acceptable to COUNTY to ensurethatallof CONTRACTOR'S employees,volunteers,consultants,subcontractors,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 CONTRACTOR'S employees,volunteers,consultants,subcontractors,or agents performing services under this Agreement sign a statement that he or she knows of and will comply with the reporting requirements set forth in Penal Code Section 11166.The statement tobe utilized by CONTRACTOR isset forth in Exhibit C,attached hereto andbythis reference incorporated herein. 15.CHARITABLE CHOICE CONTRACTOR maynot discriminate in its program deliveryagainsta clientor potential client onthe basis of religion or religious belief,a refusal to hold a religious belief,ora refusal to actively participate ina religious practice.Any specifically religious activity or service made available to individuals by CONTRACTOR must be voluntary as well as separate in time and location from County funded activities and services.CONTRACTOR shall inform COUNTY as to whether it is faith-based.If CONTRACTOR identifies as faith-based it must submit to DSS a copy of its policy on referring individuals toan alternate treatment provider,and include a copy ofthis policy inits client admission forms.The policy must inform individuals thattheymaybe referred to an alternative providerif they object to the religiousnatureof the program,and includea noticeto DSS.Adherence to this policy will be monitored during annual site reviews, and a review of client files. If CONTRACTOR identifies as faith-based,byJuly 1of eachyear CONTRACTOR willbe required to reportto DSSthe number of individualswho requestedreferralsto alternateprovidersbasedon religious objection. 16.PROHIBITION ON PUBLICITY None of the funds, materials, propertyor services provideddirectlyor indirectlyunder this Agreementshall be used for CONTRACTOR'Sadvertising,fundraising,or publicity(i.e., purchasing of tickets/tables,silent auctiondonations,etc.) forthe purpose of self-promotion. COUNTY OF FRFSNO Fresno.CA 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 ata 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). 17.DISCLOSURE OF SELF-DEALING TRANSACTIONS This provision is only applicable if CONTRACTOR is operating asa corporation (a for- profit or non-profit corporation)orif during the term of this Agreement,CONTRACTOR changes its status to operate as a corporation. Members of CONTRACTOR'S Board of Directors shall disclose any self-dealing transactions that they are a party to while CONTRACTOR is providing goods or performing services under this Agreement. A self-dealing transaction shall mean a transaction to which CONTRACTOR is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form,attached hereto as Exhibit D and by this reference incorporated herein,and submitting itto COUNTY prior to commencing with the self- dealing transaction or immediately thereafter. 18.CLEAN AIR AND WATER In the event the funding under this Agreement exceeds One Hundred Thousand and No/100 Dollars ($100,000.00),CONTRACTOR shall comply with all applicable standards,orders or requirements issued under the Clean Air Act contained in42 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,CONTRACTOR shall assure: A. No facilityshall be utilized in the performanceof the Agreementthat has been listed onthe Environmental Protection Agency (EPA)listof Violating Facilities; B.COUNTY shallbe notified priorto execution ofthis Agreement ofthe receipt ofany communication from the Director,Office of Federal Activities,U.S.EPA indicating thata facilityto be utilized in the performance of this Agreement is under consideration to be listed on the 12 -COUNTY OF FRFSNO Fresno.CA EPA list of Violating Facilities; C.COUNTY and U.S.EPA shall be notified about any known violation ofthe above laws and regulations;and D.This assurance shall be included in every nonexempt subgrant,contract,or subcontract. 19.DRUG-FREE WORKPLACE REQUIREMENTS CONTRACTOR hereby provides the certification that is required by regulations implementing the Drug-Free Workplace Act of 1988,45 CFR Part 76,Subpart F,requiring the maintenance of 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.CONTRACTOR shall also comply with the requirements of the Drug-Free Workplace Actof 1990 (California Government Code section 8350 et seq.) 20.DEBARMENT-CERTIFICATION REGARDING DEBARMENT. SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS A. COUNTY and CONTRACTOR recognize that Federal assistance funds will be used under the terms of this Agreement.CONTRACTOR,hereby certifies,as required bythe regulation implementing Executive Order 12549,Debarment and Suspension,29 CFRPart98, section 98.510,Participant's responsibilities.The regulations were published as Part VII of the May 26,1988 Federal Register(pages 19160-19211),the following: 1)Neitherit norits principals are presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. 2) Shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless unauthorized bythe Federal department or agencywith which this transaction originated. 3) Where CONTRACTOR is unable to certify to any of the statements in COUNTY OF FRFSNO Fresno,CA this certification,CONTRACTOR shall attach an explanation to this Agreement. 4)Provide immediate written notice to COUNTY ifat any time. CONTRACTOR learns that its certification in Section Nineteen (19)ofthis Agreement was erroneous when submitted or has become erroneous by reason of changed circumstances. 5)Include a clause identical to Section Nineteen (19)ofthis Agreement and titled "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion- Lower Tier Covered Transactions",in all lower tier covered transactions and in all solicitations for lower tier covered transaction. 6) This assurance shall be included in every nonexempt subgrant,contract, or subcontract that CONTRACTOR entersintorelatingto this Agreement. 7) The certification in Section Nineteen (19)of this Agreement isa material representation of fact upon which COUNTY relied in entering into this Agreement. 21.ACKNOWLEDGEMENT CONTRACTORshallacknowledgein all publicrelations activities,materialsand publications that COUNTY isa funding source for services tobe provided through this Agreement. 22.POLITICAL ACTIVITY Noneofthe funds,materials,property or services provided directly or indirectly under this Agreement shall be used forany political activity,orto further the election or defeat ofany candidate for public office. 23.LOBBYING ACTIVITY Noneof the funds providedunderthis Agreement shallbe usedfor publicity, lobbying or propaganda purposes designed to supportor defeat legislation pendinginthe Congress of the United States of America or the Legislature of the State of California. 24.STATE ENERGY CONSERVATION CONTRACTOR must comply with the mandatory standard and policies relating to energyefficiencywhichare contained in the State EnergyConservationPlan issued in compliance with 42 United States (US) Code sections 6321,et.seq. Ill 14 -COUNTY OF FRFSNO Fresno,CA 25.GRIEVANCES CONTRACTOR 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. 26.INTERPRETATION OF LAWS AND REGULATIONS COUNTY reserves therightto makefinal interpretations or clarifications on issues relating to Federal and State laws and regulations applicable to this Agreement,to ensure compliance. 27.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. 28.RECORDS A.Record Establishment and Maintenance CONTRACTOR shall establish and maintain records in accordance with those requirements prescribed by COUNTY and communicated in writing to CONTRACTOR with respect to all matterscoveredby this Agreement. CONTRACTORshallretain all fiscalbooks,account records and client files for services performed under this Agreement for four (4)years from date of final payment under this Agreement or until all State and Federal audits are completed for that fiscal year,whichever is later. B.Cost Documentation 1)CONTRACTOR shall submit to COUNTY within ten (10)calendar days following the endof the priormonthall fiscal and program reports.CONTRACTOR shallalso furnish to COUNTY such statements,records,dataand information as COUNTY may request pertaining to matters covered bythis Agreement.Inthe event that CONTRACTOR fails to provide reports as provided herein,it shallbedeemedsufficientcausefor COUNTY to withhold payments until compliance is established. 2) All costs shall be supported by properly executed payrolls, time records, 15 -COUNTY OF FRFSNO Fresno.(.'A invoices,vouchers,orders,or any other accounting documents pertaining in whole or in part to this Agreement and they shall be clearly identified and readily accessible.The support documentation must indicate the line budget account number to which the cost is charged. 3)COUNTY shall notify CONTRACTOR in writing within thirty (30) days of any potential State or Federal audit exception discovered during an examination.Where findings indicate that program requirements are not being met by CONTRACTOR and State or Federal participation inthis program maybe imperiled intheeventthat corrections arenot accomplished by CONTRACTOR within thirty (30)days of receipt of such notice from COUNTY, written notification of the findings shall constitute COUNTY'S intent to terminate this Agreement. C Service Documentation CONTRACTOR agrees to maintain records to verify services under this Agreement including names and addresses of clients served,the date of service and a description of services provided on each occasion.These records and any other document pertaining in whole orin partto this Agreement,shall be clearly identified and readily accessible. D.Use of Data CONTRACTOR shall grant to COUNTY andthe United States Department Health and Human Services the royalty-free,nonexclusive and irrevocable license throughout the world to publish,translate,reproduce,deliver,perform,dispose of,duplicate,use,and/or disclose in any manner and for any purpose whatsoever and to authorize others todo so,all subject data now or hereafter covered by copyright.CONTRACTOR shall exert all reasonable effort to advise COUNTY at time of delivery of subject data furnished under this Agreement,ofall possible invasions ofthe right of privacy therein contained,and ofall portions of such subject data copied from work not composed or produced inthe performance ofthis Agreement andnot licensed under this provision. As used in this clause,the term "'Subject Data" means writing,sound recordings,pictorial reproductions,drawings,designs or graphic representations,procedural manuals, forms,diagrams,work flow charts,equipment descriptions,data files and data processing of computer programs,and worksof any similarnature(whetheror not copyrighted or copyrightable) whichare first producedor developedunder this Agreementby or for CONTRACTOR.Theterm COUNTY OF FRFSNO Fresno,CA does not includefinancialreports,cost analysesand similar informationincidentalto contract administration. CONTRACTORshall reportto COUNTYpromptlyand in writtendetail,each notice of claim of copyright infringement received by CONTRACTOR with respect to all subject data delivered under this Agreement.CONTRACTOR shall not affix any restrictive markings upon any data.If markings are affixed,COUNTY shall have the right atany time to modify,remove,obliterateor ignore such markings. COUNTY shallhaveaccessto any report,preliminary findings or data assembled by CONTRACTOR under this Agreement. In addition, CONTRACTOR must receive written permission from COUNTY priorto publication ofany materials developed under this Agreement andfilewith COUNTY a copyof all educational andtraining materials,curricula, audio/visual aids,printed material and periodicals,assembled pursuant to this Agreement prior to publication. 29.SINGLE AUDIT CLAUSE CONTRACTORagreesto providea copy of its audit report, performedin accordance with the requirements ofthe Single Audit Actof 1984 (31 USC section 7502)and subject tothe terms of Office of Management and Budget (OMB)Circulars (A-l 10,A-122 and A-133),to COUNTY. Suchauditshallbedeliveredto COUNTY'S DSS,forreviewnotlaterthannine(9)monthsafterthe close ofthe CONTRACTOR'S fiscal yearin which the funds supplied through this Agreement are expended and/or received forthis program.Theauditmust include a statement of findings ora statementthat there were no findings.If there were negativefindings,CONTRACTORmust includea corrective actionplansignedbyan authorized individual.Failure to complywiththe SingleAuditAct mayresultin COUNTY performing the necessary audittasks,or, at COUNTY'S option,contracting witha qualifiedaccountant to performthis audit. All audit costs relatedto this Agreementarethe sole responsibility of CONTRACTORwho agreesto take correctiveactionto eliminateany material noncompliance or weakness foundas a result of such audit. Audit work performedby COUNTY under this paragraph shall be performed only after written notice to CONTRACTOR and billed to CONTRACTOR at COUNTY cost as determined by COUNTY'S Auditor-Controller/Treasurer-Tax 11 -COUNTY OF FRFSNO Fresno,CA Collector. 30.AUDITS AND INSPECTIONS CONTRACTOR shall at any time during business hours,and as often as COUNTY may deem necessary,make available to COUNTY for examination all of its records and data with respect to the matters covered by this Agreement.CONTRACTOR shall,upon request by COUNTY,permit COUNTY to audit and inspect all such records and data necessary to ensure CONTRACTOR'S compliancewith the terms of this Agreement. If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00), CONTRACTOR shall be subject to the examination and audit of the State of California Auditor General fora period of three (3)years after final payment under contract (California Government Code section 8546.7). In addition,CONTRACTOR 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 CONTRACTOR'S services to consumers,itmayresultinthe disallowance of paymentforservices rendered;or in additional controls tothe delivery of services,or inthe termination ofthis Agreement,atthe discretion of COUNTY'S DSS Director or designee.Ifasa result of COUNTY'S fiscal review process a disallowance is discovered due to CONTRACTOR'S deficiency,CONTRACTOR shall be financially liableforthe amount previouslypaid by COUNTYto CONTRACTORand this disallowancewill be adjusted from CONTRACTOR'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. 31.NOTICES The persons having authority to giveand receive notices under this Agreement andtheir addresses include the following: COUNTY CONTRACTOR Director,County of Fresno Chief Executive Officer Departmentof Social Services FresnoEconomicOpportunitiesCommission PO BOX 1912 1920 Mariposa Mall,Suite 300 Fresno,CA 93718-1912 Fresno,CA 93721 18 -COUNTY OF FRFSNO Fresno,CA 32.CHANGE OF LEADERSHIP /MANAGEMENT Any and all notices between COUNTY and CONTRACTOR provided for or permitted under this Agreement or by law,shall bein writing and shall be deemed duly served when personally delivered to one of the parties,orin lieu of such personal service,when deposited in the United States Mail, postage prepaid, addressed to such party. Inthe event ofany change inthe status of CONTRACTOR'S leadership or management,CONTRACTOR shall provide written notice to COUNTY within thirty (30)days from the date of change.Such notification shall include anynew leader or manager's name,address and qualifications."Leadership or management"shall include any employee,member,orownerof CONTRACTOR who either a)directs individuals providing services pursuant tothis Agreement,b) exercises control overthe manner in which services are provided,or c)has authority over CONTRACTOR'S finances. 33.GOVERNING LAW The parties agree,thatforthe purposes of venue,performance under this Agreement is to be in Fresno County,California. Therightsand obligations of the partiesand all interpretation and performance ofthis Agreement shall be governed in all respects by the laws of the State of California. 34.ENTIRE AGREEMENT This Agreement,includingall Exhibits,constitutesthe entire agreementbetween CONTRACTOR and COUNTY with respect to the subject matter hereofand supersedes all previous agreementnegotiations,proposals,commitments,writings,advertisements,publicationsand understandings of any nature whatsoeverunlessexpressly includedin this Agreement. /// /// /// /// /// /// COUNTY OF FRFSNO Fresno.CA 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 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first hereinabove written. ATTEST: CONTRACTOR: FRESNO ECONOMIC OPPORTUNITIES COMMISSION •,-Ret v PrintName:Rev.PaulMcCoy Title:Chairman of the Board Chairman of the Board,or President,or any Vice President Print Name:Brian Angus Title:Chief Executive Officer Secretary (of Corporation),or any Assistant Secretary,or Chief Financial Officer,or any Assistant Treasurer Mailing Address: 1920 Mariposa Mall,Suite 300 Fresno,CA 93721 Phone No.:(559)498-8543 Contact:Michelle L.Tutunjian COUNTY OF FRESNO By JhiiJhQ. Deborah A.Poochigian,Chairma Board of Supervisors BERNICE E.SEIDEL,Clerk Board of Supervisors By ^W^d^^Q>y^ PLEASE SEE ADDITIONAL SIGNATURE PAGE ATTACHED -20 COUNTY OIl'RKSNO Fresno,CA APPROVED AS TO LEGAL FORM: DANIEL C.CEDERBORG.COUNTY COUNSEL /»/ By H tt U 't-—i APPROVED AS TO ACCOUNTIr^Fp^M: VICKI CROW,C.P.A.,AUDITORS-CONTROLLER/ TREASURER-TAX COLLECTOR By 4- REVIEWED AND RECOMMENDED FOR APPROVAL: )elfino El Neira,Director Department of Social Services Fund/Subclass:0001/10000 Organization:56107001 Account/Program:7870/0 DN:jr COUNTY OF FRFSNO Fresno,CA ORGANIZATION: ADDRESS: SERVICE ADDRESS: TELEPHONE: CONTACT PERSON: CONTRACT PERIOD: CONTRACT AMOUNT: Exhibit A TRANSITIONAL LIVING CENTER 3 (TLC-3) SUMMARY OF SERVICES Fresno Economic Opportunities Commission (Fresno EOC) 1920 Mariposa Mall,Suite 300 Fresno,CA 93721 1105 Divisadero Street Fresno,CA 93721 (559)498-8543 Michelle L.Tutunjian,Sanctuary Director March 1,2015 -February 28,2017 $134,670 (March 1,2015 -February 29, 2016); $134,670 (March 1,2016 -February 28, 2017) Page 1 of 3 SUMMARY OF SERVICES: The Fresno EOC Sanctuary Transitional Living Center 3 (TLC-3)isto providehousing services, notto exceed 24 months, to former foster care and probation youth,ages 16 to 24, who have emancipated or aged-out of the Foster Care system.CONTRACTOR will concurrently provide support and life- skills training including,but not limited to,assistance attaining self-sufficiency,education, and employment. CONTRACTOR RESPONSIBILITIES: CONTRACTOR shall maintain 29 residential units, 2 administrative units,and 1 unit for Life Skills workshops. CONTRACTOR shall accommodate 40 residents annually,consisting of 32 transitional- aged youth (TAY)without dependent children and 4 households with dependent children (4 TAY and 4 children).In addition,24-hour staffing and supervision of the premises shall be provided. CONTRACTOR shall provide enrolled youth with: • A personal needs assessment upon entry to address basic needs:food, clothing, shelter, hygiene,transportation,health care,and counseling; •Assistance with overcoming personal barriers,such as substance abuse treatment,mental health services,legal services and child care; •Preparation for self-sufficiency that focuses on academic completion,employment readiness,lifeskills attainment,and housing placement; • Linkage to employment and training services or referrals to local Employment Centers;and Exhibit A Page 2 of 3 •Assistance obtaining personal documentation necessary to become employable (ex.Driver License/Identification Card,Birth Certificate,Social Security Card,High School Diploma/Transcripts,and Health Records). CONTRACTOR shall assist with the transition to permanent housing by aiding participants in the following: •Identifying appropriate long-term housing; • Completion of rental applications; •Applying for the Housing ChoiceVoucher Program; •Acquiring household items; •Arranging relocation services; • Paying deposits and/or first month's rent;and •Providing incentives (gift cards or household supplies)based on successful completion of program phases In addition,CONTRACTOR shall collaborate with local school districts to ensure that each participant and each child of a participant has equal access to the same free,appropriate public education as provided to other children and youth,in accordance to the McKinney-Vento Homeless Education Assistance Act (42 U.S.C.11431,etseq.). CONTRACTOR shall provide aftercare for six months after discharge to monitor housing stability, progress toward employment and/or educational goals, and overall well-being.Participants will have the option to seek on-site services 24-hours a day and/or CONTRACTOR'S staff may visit participant's new residence orplacesof employment.CONTRACTOR shall initiate follow-up contacts within 30-days,90-days,and six months after program discharge.CONTRACTOR will track follow-up contacts and report them to the County of Fresno's Independent Living Program (ILP)staff when appropriate. Additionally,when discharging any former foster youth from the TLC-3 program,CONTRACTOR will contact the County of Fresno's ILP staff to discuss the reason for the discharge and the transition plan with the ILP social worker. In the event that a participant is discharged due to behavioral issues or violation of CONTRACTOR'S zero tolerance policy,CONTRACTOR shall notify ILP staff within 3 business days and request a meeting to develop a transition plan. CONTRACTOR'S Zero Tolerance Policy CONTRACTOR reserves the right to enforce zero tolerance regarding drugs,violence,and gangs. Therefore,CONTRACTOR reserves the right to exclude or expel from the apartment building any person at any time who, in the judgment of CONTRACTOR'S staff, is intoxicated or under the influence of alcohol or drugs;is assaultive or makesthreatstothe safety others;displays gang colors organg signs;or commits any other act in violation ofany ofthe rules and guidelines ofthe program or the laws of the State of California. Exhibit A Page 3 of 3 STAFFING LEVELS: At a minimum,CONTRACTOR'S staffing shall include the following: •Sanctuary Director:Responsible for oversight of the transitional living facility,compliance with agency policies and procedures,as well as local,state,federal,regional,contractual, and local homeless residential care operation and requirements. •TLC Program Manager II:Responsible for managing day-to-day operations and administration of TLC-3;Provides supervision of staff assigned to TLC-3 to ensure participant success in the program,including the Youth Care Specialist,Case Managers,and the ILP Liaison. •Program Assistant III:Responsible for maintaining and securing on-site personnel files, preparing employee forms,and ensuring collection of personal documentation in accordance with licensing requirements and other necessary Human Resources requirements;Gathers information for use by management and assists in the completion of grant related submissions. •TLC-3 Independent Living Program (ILP)Liaison:Responsible for serving as the liaison between TLC-3 and ILP.The Liaison will: •Collect and review participant's intake documentation for eligibility and placement recommendation; Attend pre-emancipation and planning conferences with ILP staff; Provide a calendar ofTLC-3 orientation dates to ILPstaff; Refer clientsto supportive services available through ILP; Confer with DSS case managers regarding clientprogress; Report TLC-3 programand participant activities to DSS as requested; Facilitate exchange ofcurrent communication procedures between CONTRACTOR and COUNTY. •Case Manager:Responsible for individual full case assessment,data collection from clients, case plan development,and crisis intervention. •Youth Care Specialist:Responsible for the supervision of the facility,grounds,and residents during assigned shifts;Answers phones, providesfor general reception of on-site guests,ensures the registration of non-resident visitors,and maintains a log of all activity at the site during an assigned shift. MONTHLY REPORTS AND OUTCOMES: CONTRACTOR shall provide completed andaccurate monthly activity reports reflecting progress toward mutually developed goals and outcomesto COUNTY bythe tenth ofthe following month,in a reportformat approved by the County.Additionally,CONTRACTOR shall confer with COUNTY to provide necessary information as requested. COUNTY RESPONSIBILITIES: •COUNTY shall provide appropriate referrals to TLC-3 and designate a Department ILP point of contact. •COUNTY shall provide relevant training to staffassigned to TLC-3 (ex.Assessing the needs of at-risk youth; conflict resolution between youth and adults). •COUNTY shall invite the ILP Liaison to present information to interested youth at any pre- emancipation,emancipation,and/or planning conferences with ILPstaff. •COUNTY ILP staff will meet bimonthly with the TLC-3 Case Managers and ILP Liaison for participating residents. Organization: Services: Contract Period: Contract Amount: Personnel Title/Description 101 TLC Program Manager 102 Program Assistant 103 TLC 3 ILP Liaison 104 TLC 3 Case Manager 105 Youth Care Specialist 106 Youth Care Specialist Total Salaries Payroll Tax 151 FICA 152 SUI 153 SDI 154 Payroll Tax Other - Specify Total Payroll Tax Benefits 201 Health Insurance 202 Life Insurance 203 Retirement 204 Benefits Other -Specify Total Benefits Total Salaries,Taxes,&Benefits Exhibit B Page 1 of 5 Budget Summary Fresno Economic Opportunities Commission Transitional Living Center 3 (TLC-3) March 1,2015 -February 28,2017 March 1,2015 -February 29,2016 -$134,670 March 1,2016 -February 28,2017 -$134,670 Wage/Salary FTE%12 Month Totals $62,505 0.12 $7,501 $30,537 0.20 $6,107 $43,326 0.25 $10,832 $41,984 0.20 $8,397 $22,611 1.00 $22,611 $23,181 0.30 $6,954 $224,144 Total FTEs 2.07 $62,402 $4,773 $898 $0 $0 $5,671 $3,322 $359 $3,120 $0 $6,801 $74,874 Operational Expenses 251 Worker's Compensation 252 Liability Insurance 253 Insurance Other-Specify 301 Telecommunications/Data Lines 302 Answering Service 351 Office Supplies 352 Postage 353 Printing/Reproduction 354 Publications 355 Legal Notices/Advertising 401 Purchase of Equipment 402 Equipment Rent/Lease 451 Rent/Lease Building 452 Facilities Maintenance 453 Utilities 501 Staff Mileage 502 Staff Travel -Out of County 503 Staff Training -Registration 504 Transportation -Consumers 551 Program Supplies-Food 552 Program Supplies -Educational 553 Program Supplies -Other 601 Consultant Services 602 Contracted Services Operational Expenses Subtotal Financial Services Expenses 651 Account/Bookeeping 652 External Audit 701 Indirect Costs Financial Services Expenses Subtotal Exhibit B Page 2 of 5 7.50% $499 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $24,552 $0 $25,200 $0 $0 $0 $0 $0 $0 $0 $0 $0 $50,251 $0 $161 $9,384 $9,545 Exhibit B Page 3 of 5 Other Costs 749 Other Costs -Specify $0_ Other Costs -Subtotal $0_ Salaries,Taxes &Benefits $74,874 Operational $50,251 Financial Services $9,545 Other Costs $0_ Total Expenses $134,670 Exhibit B Page 4 of 5 Budget Justification Organization: Services: Contract Period: Contract Amount: Personnel Title/Description 101 TLC Program Manager 102 Program Assistant 103 TLC 3 ILP Liaison 104 TLC3 Case Manager 105 Youth Care Specialist 106 Youth Care Specialist Total Salaries Payroll Tax 151 FICA 152 SUI 153 SDI 154 Payroll Tax Other - Specify Total Payroll Tax Benefits 201 Health Insurance 202 Life Insurance 203 Retirement 204 Benefits Other -Specify Total Benefits Total Salaries,Taxes,&Benefits Operational Expenses 251 Worker's Compensation 252 Liability Insurance 253 Insurance Other-Specify 301 Telecommunications/Data Lines 302 Answering Service 351 Office Supplies 352 Postage 353 Printing/Reproduction 354 Publications 355 Legal Notices/Advertising 401 Purchase of Equipment 402 Equipment Rent/Lease 451 Rent/Lease Building 452 Facilities Maintenance 453 Utilities 501 Staff Mileage 502 Staff Travel - Out of County 503 Staff Training -Registration 504 Transportation -Consumers Fresno Economic Opportunities Commission Transitional Living Center 3 (TLC-3) March 1,201S -February 28,2017 March 1, 2015 - February 29, 2016 -$134,670 March 1, 2016 - February 28, 2017 -$134,670 Totals FTE $7,501 12% $6,107 20% $10,832 25% $8,397 20% $22,611 100% $6,954 30% $62,402 $4,773 7.65% $898 6.20% $0 $0 $5,671 $3,322 $359 $3,120 $0_ $6,801 $74,874 $499 0.800% $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $24,552 $0 $25,200 $0 $0 $0 $0 Describe Function and Duties in Detail Oversee operations and services of TLC-3 Program Responsible for maintaining and securing on-site personnel files Intake,assessment,link youth to County ILPservices Responsible for individualfullcase assessment,data collection from clients, case plan development,crisisintervention, etc. Supervision and monitoring of site 24 hours a day; assist clients with independent livingtasks Supervision and monitoring of site 24 hours a day; assist clients with independent livingtasks Social Security (6.20%)and Medicare (1.45%) 6.2% on wages up to $7,000 Employee only $355/month,Emp & Fam $865/month;Dental and Vision included with Medical/Health Benefits $0.24 per $1,000 annualized salary x 2 5%of eligible (after 2 years with the agency)employees'wages Rate per $100 wages TLC3 Offices Rental Cost ($l,056+$990)x 12 =$24,552 Utilities Cost $2,100 per month x 12 =$25,200 551 Program Supplies -Food 552 Program Supplies -Educational 553 Program Supplies -Other 601 Consultant Services 602 Contracted Services Operational Expenses Subtotal Financial Services Expenses 651 Account/Bookeeping 652 External Audit 701 Indirect Costs Financial Services Expenses Subtotal Other Costs 749 Other Costs - Specify Other Costs-Subtotal Salaries,Taxes &Benefits Operational Financial Services OtherCosts Total Expenses $0 $0 $0 $0 $0 $50,251 $0 $161 $9,384 $9,545 $0 $0 $74,874 $50,251 $9,545 $0_ $134,670 Exhibit B Page 5 of 5 External Audit fees rate @ .12% of the total grant expenses Services provided by the Executive,Finance,IT,Human Resource Offices Federal approved Indirect Cost Rate @ 7.50% Exhibit C NOTICE OF CHILD ABUSE REPORTING LAW The undersignedherebyacknowledgesthat Penal Code section 11166 and the contractual obligations between County of Fresno (COUNTY)and Fresno Economic Opportunities Commission,related to provision of services,require 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 ofthe undersigned'schildabuse reporting requirements,"child abuseor 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,inhisorher professional capacity or within the scopeofhisorher employment,has knowledge of or observes achild whom the undersigned knowsor reasonably suspectshasbeenthevictimof childabuseor neglect.(P.C §11166.)The child abuse report shall be made to any police department or sheriffs department (not including a school district police or security department),orto any county welfare department,including Fresno County Department of Social Services' 24 Hour CARELINE.(See PC §11165.9.) Forpurposesof child abuse reporting,a "reasonable suspicion" meansthat it is objectively reasonable fora person to entertain a suspicion,based upon facts that could cause a reasonable person ina like position,drawing,when appropriate,onhisorher training and experience,to suspectchildabuseor neglect.The pregnancy of a childdoesnot,inandof itself,constitute a basisfor reasonable suspicion of sexual abuse.(P.C.§11166(a)(1).) Substantialpenalties may be imposedfor failureto complywith these childabuse reporting requirements.Further information anda copyof the lawmaybe obtained from the Countyof Fresno Departmentof Social ServicesDirectoror designee. I haveread and understandthe above statementand agreeto comply with the child abuse reporting requirements. SIGNATURE DATE Exhibit D Page 1 of 2 SELF-DEAUNG 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 isa party and in which one ormoreof its directors hasa materialfinancial interest" The definition above willbe utilized for purposes of completing this disclosure form. INSTRUCTIONS (1)Enterboardmember's name,jobtitle (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 natureofthe self-dealing transaction that is being disclosed to the County.Ata minimum, include a description of the following: a. Thenameofthe agency/company with which the corporation hasthe 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 isappropriate based on applicable provisions of the Corporations Code. (5)Form mustbe signed by the board memberthat is involved in the self-dealing transaction described in Sections (3)and (4). (1)Company Board Member Information: Name:Date: Job Title: (2)Company/Agency Name and Address: (3)Disclosure (Please describe the natureofthe self-dealing transaction youarea partyto): Exhibit D Page 2 of 2 (4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a): (5)Authorized Signature Signature:Date: