HomeMy WebLinkAboutAgreement A-21-013 with RH Community Builders.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 January, 2021, by and between the
COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as
"COUNTY", and RH Community Builders, a California Limited Partnership, whose address is 331 W
Shields Avenue, Fresno, CA 93705, hereinafter referred to as “SUBRECIPIENT.”
W I T N E S S E T H:
WHEREAS, COUNTY, through its Department of Social Services (DSS), is the Administrative Entity
for Coronavirus Aid, Relief, And Economic Security (CARES) Act Allocation of Emergency Solutions Grant-
Coronavirus (ESG-CV ) allocated to the Fresno Madera Continuum of Care (FMCoC) by the California
Department of Housing and Community Development (HCD) to administer and implement the Emergency
Solutions Grant (ESG) in the Fresno Madera Continuum of Care (F MCoC) jurisdiction, in accordance with
the provisions of 24 CFR Part 576 (as now in effect and as may be amended from time to time) and the
California Code of Regulations Title 25, Division 1, Chapter 7, Subchapter 20; and
WHEREAS, the FMCoC has a need for coordinated homeless services to address homelessness
throughout the Counties of Fresno and Madera; and
WHEREAS, COUNTY, as the administrative entity of HCD ESG-CV funding, is required to
collaborate and consult with the FMCoC regarding the use of HCD ESG-CV funds and the designation of
services and service provision in meeting the homeless needs in the community; and
WHEREAS, SUBRECIPIENT has the expertise and is willing and able to provide rapid rehousing
services pu rsuant 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 participate in monthly, or as needed, meetings with staff
from COUNTY’s DSS to discuss requirements, data reporting, training, policies and procedures, overall
program operations, and any problems or foreseeable problems that may arise.
12th
Agreement No. 21-013
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C.In the event of the termination or expiration of this Agreement in accordance with
Section Three (3) of this Agreem ent, SUBRECIPIENT shall provide transitional services to clients
currently receiving services, working with DSS staff and/or COUNTY’s contracted vendor(s). Transitional
services shall include but are not limited to the transfer of client records and shall not exceed a
maximum of thirty (30) days. This section of the Agreement shall survive thirty (30) days from the
expiration or written termination date of this Agreement.
2.TERM
The term of this Agreement shall commence on January 1, 2021 through and including June
30, 2021.
3.TERMINATION
A.Non-Allocation of Funds - The terms of this Agreement, and the services to be
provided hereunder, are contingent on the approval of funds by the appropriating government agency.
Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
terminated, at any time by giving the SUBRECIPIENT thirty (30) days advance written notice.
B.Breach of Contract - The COUNTY may immediately suspend or terminate this
Agreement in whole or in part, where in the determination of the COUNTY there is:
1)An illegal or improper use of funds;
2)A failure to comply with any term of this Agreement;
3)A substantially incorrect or incomplete report submitted to the COUNTY;
4)Improperly performed service.
In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any
breach of this Agreement or any default which may then exist on the part of the SUBRECIPIENT. Neither
shall such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or
default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment to the
COUNTY of any funds disbursed to the SUBRECIPIENT under this Agreement, which in the judgment of
the COUNTY were not expended in accordance with the terms of this Agreement. The SUBRECIPIENT
shall promptly refund any such funds upon demand.
C.Without Cause - Under circumstances other than those set forth above, this
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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
SUBRECIPIENT.
4.COMPENSATION
For actual services provided pursuant to the terms of this Agreement, COUNTY agrees to
pay SUBRECIPIENT and SUBRECIPIENT ag rees to receive compensation in accordance with Exhibit B,
Budget. Mandated travel shall be reimbursed based on actual expenditures and mileage reimbursement
shall be at SUBRECIPIENT’s adopted rate per mile, not to exceed the IRS published rate. Payment shall
be made upon certification or other p roof satisfactory to COUNTY ’s DSS that services have actually been
performed by SUBRECIPIENT as specified in this Agreement.
For the period January 1, 2021 through June 30, 2021, in no event shall actual services
performed under this Agreement be in excess of Nine Hundred Sixty-Five Thousand, Seventeen and
No/100 Dollars ($965,017).
It is understood that all expenses incidental to SUBRECIPIENT'S performance of
services under this Agreement sha ll be bo rne b y 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.
5.INVOICING
SUBRECIPIENT shall invoice COUNTY’s DSS in arrears by the tenth (10th) of each month
for expenditures incurred to provide services rendered in the previous month to:
DSSInvoices@fresnocountyca.gov. Payments by COUNTY’s DSS shall be in arrears, for actual services
provided during the preceding month, within forty -five (45) days after receipt, verification, and approval of
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SUBRECIPIENT ’s invoices by COUNTY’s DSS. A Monthly Activity Report (MAR) shall accompany the
invoice, reflecting services supported by the invoiced expenditures and be in a form and in such detail as
acceptable to COUNTY's DSS. Invoices shall include all corre sponding documentation submitted and
identified by line item. Supporting documentation shall include but is not limited to receipts, invoices
received and documented administrative/overhead costs. No reimbursement for services shall be made
until invoices and MARs are reviewed and approved by COUNTY's DSS.
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 w ithhold
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 Ag reement. All final claims shall be submitted by SUBRECIPIENT within sixty
(60)days following the month of actual service for which payment is claimed. No payment for services shall
be made by COUNTY’s DSS on cla ims submitted beyond sixty (60) days following the month of actual
service for which payment is invoiced.
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, se rvant,
employee, joint venture, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and
function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.
SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the
rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject
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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 SUBRECIPIENT and COUNTY without, in any way, affecting the remainder.
B.Notwithstanding the above, changes to the budget, attached hereto as
Exhibit B, in an amount not to exceed te n 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 nece ssitated 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
SUBRECIPIENT shall not assign, transfer or sub-contract this Agreement nor their rights or
duties under this Agreement without the prior written consent of the COUNTY or COUNTY’s DSS Director
or designee. Any transferee, assignee, or subcontractor will be subject to all applicable provisions of this
Agreement, and all applicable State and Federal regulations. SUBRECIPIENT shall be held primarily
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responsible by the COUNTY for the performance of any transferee, assignee, or subcontractor unless
otherwise expressly agreed to in writing by COUNTY. The use of subcontractor by SUBRECIPIENT shall
not entitle SUBRECIPIENT to any additional compensation than is provided for under this Agreement.
9.HOLD HARMLESS
SUBRECIPIENT agrees to indemnify, save, hold harmless, and at COUNTY'S request,
defend the COUNTY, its officers, agents, and employees from any and all costs and expenses (including
attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to COUNTY in
connection with the performance, or failure to pe rform, 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 Gene ral 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.
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C.Professional Liability
If SUBRECIPIENT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W.,
M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million
Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
SUBRECIPIENT 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.
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 th is 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 insuran ce
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
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policies; that for such worker’s compensation insurance the SUBRECIPIENT has waived its right to recover
from the COUNTY, its office rs, agents, and employees any amounts paid under the insurance policy and
that waiver does not invalidate the insurance policy; that such Commercial General Liability insurance
names the County of Fresno, its officers, agents and employees, individually and collectively, as additional
insured, but only insofar as the operations under this Agreement are concerned; that such coverage for
additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
by COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance
provided under SUBRECIPIENT's policies herein; and that this insurance shall not be cancelled or changed
without a minimum of thirty (30) days advance, written notice given to COUNTY.
In the event SUBRECIPIENT fails to keep in effect at all times insurance coverage as herein
provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
Agreement upon the occurrence of such event.
All policies shall be issued by admitted insurers licensed to do business in the State of
California, and such insurance shall be purchased from companies possessing a current A.M. Best, Inc.
rating of A FSC VII or better.
11.CONFLICT OF INTEREST:
No officer, employee or agent of the COUNTY who exercises any function or responsibility
for planning and carrying out of the services provided under this Agreement shall have any direct or indirect
personal financial interest in this Agreement. In addition, no employee of the COUNTY shall be employed
by the SUBRECIPIENT under this Agreement to fulfill any contractual obligations with the COUNTY. The
SUBRECIPIENT shall comply with all Federal, State of California and local conflict of interest laws, statutes
and regulations, which shall be applicable to all parties and beneficiaries under this Agreement and any
officer, employee or agent of the COUNTY.
12.NON-DISCRIMINATION:
During the performance of this Agreement SUBRECIPIENT shall not unlawfully discriminate
against any employee 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
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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 program s, services and benefits provided by SUBRECIPIENT.
Interpreter and translation services, including translation of SUBRECIPIENT’s “vital documents” (those
documents that contain information that is critical for accessing SUBRECIPIENT’s services or are required
by law) shall be provided to participants at no cost to the participant. SUBRECIPIENT shall ensure that any
employees, agents, subcontractor, or partners who interpret or translate for a program participant, or who
directly communicate with a program participant in a language other than English, demonstrate proficiency
in the participants’ language and can effectively communicate any specialized terms and concepts peculiar
to SUBRECIPIENT’s services.
14.CLEAN AIR AND WATER
In the event the funding under this Agreement exceeds One Hundred Thousand and No/100
Dollars ($100,000), SUBRECIPIENT shall comply with all applicable standards, orders or requirements
issued under the Clear Air Act contained in 42 U.S. Code 7601 et seq; the Clean Water Act contained in 33
U.S. Code 1368 et seq.; and any standards, laws and regulations, promulgated thereunder. Under these
laws and regulations, SUBRECIPIENT shall assure:
A.No facility shall be utilized in the performance of the Agreement that has been listed on
the Environmental Protection Agency (EPA) list of Violating Facilities;
B.COUNTY shall be notified prior to execution of this Agreement of the receipt of any
communication from the Director, Office of Federal Activities, U.S. EPA indicating that a facility to be
utilized in the pe rformance of this Agreement is under consideration to be listed on the EPA list of
Violating Facilities;
C.COUNTY and U.S. EPA shall be notified about any known violation of the above laws
and regulations; and
D.This assurance shall be included in every nonexempt sub-grant, contract, or
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subcontract.
15.DRUG -FREE WORKPLACE REQUIREMENTS
For purposes of this paragraph, SUBRECIPIENT will be referred to as the “grantee.” By
drawing funds against this grant award, the grantee is providing the certification that is required by
regulations implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F. These
regulations require certification by grantees that they will maintain a drug-free workplace. False certification
or violation of the certification shall be grounds for suspension of payments, suspension or termination of
grants, or government wide suspension or debarment. SUBRECIPIENT shall also comply with the
requirements of the Drug-Free Workplace Act of 1990 (California Government Code section 8350 et seq.).
16.CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 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
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excess of $25,000 funded by this Agreement, review and retain the proposed vendor’s suspension and
debarment status at https://sam.gov/SAM/.
17.CONFIDENTIALITY AND SECURITY
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. SUBRECIPIENT shall require its employees, agents, officers and subcontractors to comply
with the provisions of Sections 10850 and 14100.2 of the Welfare and Institutions Code, as well as the
California Department of Social Services (CDSS) Manual of Policies and Procedures, Division 19-0000 and
the California Department of Health Care Services (DHCS) Medi-Cal Eligibility Procedures Manual, Section
2H. These Code sections provide that:
A.All applications and records concerning any individual made or kept by any public
officer or agency in connection with the administration of any provision of the Welfare and Institutions Code
relating to Medicaid or any form of public social services for which grants-in-aid are received by the State of
California from the United States government shall be confidential, and shall not be open to examination for
any purpose not directly connected with the administration of such public social services.
B.No person shall publish, disclose or use or permit or cause to be published or
disclosed any list of persons receiving public social services, except as is provided by law.
C. No person shall publish, disclose, or use or permit or cause to be published,
disclosed or used any confidential information pertaining to an applicant or recipient, except as is provided
by laws.
SUBRECIPIENT shall inform all of its employees, agents, officers and subcontractors of the
above provisions and that any person knowingly and intentionally violating such provisions is guilty of a
misdemeanor.
In addition, SUBRECIPIENT, its employees, agents and officers shall comply, and require
all of its subcontractors to comply, with (1) the DHCS Medi-Cal Privacy and Security Agreement between
the California DHCS and the County of Fresno that is then in effect, and (2) the Privacy and Security
Agreement between the CDSS and the County of Fresno that is then in effect, both of which together shall
be referred to as “the Agreements” and are incorporated herein by this reference. The current versions of
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both the DHCS and CDSS Privacy and Security agreements are available upon request or can be viewed
at: http://www.co.fresno.ca.us/MediCalPrivacy/. SUBRECIPIENT shall insure that all personally identifiable
information (PII), as defined in the Agreements, concerning program recipients shall be kept confidential
and shall not be opened to examination, publicized, disclosed, or used for any purpose not directly
connected with the administration of the program. SUBRECIPIENT shall use appropriate administrative,
physical, and technical safeguards to protect PII, as set forth in the Agreements. Upon discovery of a
breach, security incident, intrusion, or unauthorized access, use, or disclosure of PII, SUBRECIPIENT shall
immediately report the incident to the COUNTY by calling (559) 600-2300 or E-mailing at
dssprivacyofficer@fresnocountyca.gov. SUBRECIPIENT shall certify that all employees, agents, officers
and subcontractors have received privacy and security training before accessing any PII and have received
refresher training annually, as required by the Agreements.
18.SINGLE AUDIT CLAUSE:
A.If SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or
more in Federal and Federal flow-through monies, SUBRECI PIENT agrees to conduct an annual audit
in accordance with the requirements of the Single Audit Standards as set forth in Office of Management
and Budget (OMB) Title 2 of the Code of Federal Regulations Part 200. SUBRECIPIENT shall submit
said audit and management letter to COUNTY. The audit must include a statement o f findings or a
statement that there were no findings. If there were negative findings, SUBRECIPIENT must include a
corrective action signed by an authorized individual. SUBRECIPIENT ag rees to take action to correct
any material non-compliance or weakness found as a result of such audit. Such audit shall be delivered
to COUNTY’s DSS, Administration, for review within nine (9) months of the end of any fiscal year in
which funds were expended and/or received for the program. Failure to perform the requisite audit
functions as required by this Agreement may result in COUNTY performing the necessary audit tasks, or
at COUNTY’s option, contracting with a public accountant to perform said audit, or, may result in the
inability of COUNTY to enter into future agreements with SUBRECIPIENT, All audit costs related to this
Agreement are the sole responsibility of SUBRECIPIENT.
B.A single audit report is not applicable if all SUBRECIPIENT’s Federal contracts do
not exceed the Seven Hundred Fifty Thousand Dollars ($750,000) requirement or SUBRECIPIENT’s
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funding is through Drug related Medi-Cal. If a single audit is not applicable, a program audit must be
performed and a program audit report with management letter shall be submitted by SUBRECIPIENT to
COUNTY as a minimum requirement to attest to SUBRECIPIENT’s solvency. Said audit report shall be
delivered to COUNTY’s DSS, Administration, for review no later than nine (9) months after the close of
the fiscal year in which the funds supplied through this Agreement are expen ded. Failure to comply with
this Act may result in COUNTY performing the necessary audit tasks or contracting with a qualified
accountant to perform said audit. All audit costs related to th is Agreement are the sole responsibility of
SUBRECIPIENT who agree s to take corrective action to eliminate any material noncompliance or
weakness found as a result of such audit. Audit work performed by COUNTY under this paragraph shall
be billed to the SUBRECIPIENT at COUNTY cost, as determined by COUNTY’s Auditor-
Controller/Treasurer-Tax Collector.
C.SUBRECIPIENT shall make available all records and accounts for inspection by
COUNTY, the State of California, if applicable, the Comptroller General of the United States, the Federal
Grantor Agency, or any of their duly authorized representatives, at all reasonable times for a period of at
least three (3) years following final payment under this Agreement or the closure of all other pending
matters, whicheve r is later.
19.PROPERTY OF COUNTY
SUBRECIPIENT agrees to take reasonable and prudent steps to ensure the security of
any and all said hardware and software provided to it by COUNTY under this Agreement, to maintain
replacement-value insurance coverages on said hardware and software of like kind and quality
approved by COUNTY.
All purchases, includ ing furniture, electronics, cell phones, and equipment made for the
setup of this program 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
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expiration or termination of this Agreement.
20.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 sha ll, upon request by the
COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
SUBRECIPIENT'S compliance with the terms of this Agreement.
If this Agreement exceeds Ten Thousand Dollars ($10,000.00), SUBRECIPIENT shall be
subject to the examination and audit of the Auditor General for a period of three (3) years after final
payment under contract (Government Code Section 8546.7).
In addition, SUBRECIPIENT shall cooperate and participate with COUNTY’s fiscal review
process and comply with all final determinations rendered by the COUNTY’s fiscal review process. If
COUNTY reaches an adverse decision regarding SUBRECIPIENT’s services to consumers, it may result in
the disallowance of payment for services rendered; or in additional controls to the delivery of services, or in
the termination of this Agreement, at the discretion of COUNTY’s DSS Director or designee. If as a result of
COUNTY’s fiscal review process a disallowance is discovered due to SUBRECIPIENT’s deficiency,
SUBRECIPIENT shall be financially liable for the amount previously paid by COUNTY to SUBRECIPIENT
and this disallowance will be adjusted from SUBRECIPIENT ’s future payments, at the discretion of
COUNTY’s DSS Director or designee. In addition, COUNTY shall have the sole discretion in the
determination of fiscal review outcomes, decisions and actions.
21.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.
22.STATE ENERGY CONSERVATION
SUBRECIPIENT must comply with the mandatory standard and policies relating to energy
efficiency which are contained in the State Energy Conservation Plan issued in compliance with 42 United
States (US) Code sections 6321, et. seq.
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23.CHARITABLE CHOICE
SUBRECIPIENT may not discriminate in its program delivery against a client or potentia l
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 COUNTY’s DSS a copy of its polic y on
referring individuals to alternate treatment SUBRECIPIENT, and include a copy of this policy in their client
admission forms. The policy must inform individuals that they may be referred to an alternative provider if
they object to the religious nature of the program, and include a notice to DSS. Adherence to this policy will
be monitored during site reviews, and a review of client files. If SUBRECIPIENT identifies as faith-based, by
July 1 of each year SUBRECIPIENT will be required to report to COUNTY’s DSS the number of individuals
who requested referrals to alternate providers based on religious objection.
24.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).
25.PUBLIC INFORMATION
SUBRECIPIENT shall disclose COUNTY as a funding source in all public information.
26.NOTICES:
The persons and their addresses having authority to give and receive notices under this
Agreement include the following:
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COUNTY SUBRECIPIENT
Director, COUNTY OF FRESNO Executive Director Department of Social Services RH Community Builders P.O. Box 1912 331 W Shields AvenueFresno, CA 93718 Fresno, CA 93705
All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this
Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
personal service is effective upon service to the recipient. A notice delivered by first-class United States
mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
beginning with section 810).
27.GOVERNING LAW :
Venue for any action aris ing 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.
28.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
serv ices are provided, or c) has authority over SUBRECIPIENT’s finances.
29.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.
30.DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the SUBRECIPIENT is operating as a corporation (a
for-profit or n on-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 SUB RECIPIENT 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.
31.NEPOTISM
Except by written consent of COUNTY, no person shall be employed by SUBRECIPIENT
who is related by blood or marriage to any member of the Board of Directors or any officer of
SUBRECIPIENT.
32.SUPPLEMENTAL SOURCES
SUBRECIPIENT shall not use any funds under this Agreement to the extent that there are
any other existing or contemplated funds available to SUBRECIPIENT to be expended for the same
services covered by this Ag reement. Upon confirmation that SUBRECIPIENT has received funds from any
other source to conduct the same services by this Agreement, COUNTY shall have the right to reduce its
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payment amount accordingly.
33.COMPLI ANCE WITH APPLICABLE LAWS
SUBRECIPIENT shall comply with all rules and regulations established pursuant to Housing
and Urban Development regulations at 24 CFR Part 576, as revised by the Emergency Solutions Grant and
Consolidated Plan conforming Amendments Interim Rule, published in the Federal Register on December
5, 2011 (79 Fed. Reg. 75954). SUBRECIPIENT must also comply with all applicable fair housing and civil
rights requirements in 24 CFR 5.105(a). SUBRECIPIENT any subcontractors shall comply with all
applicable local, State, Federal laws, ordinances, regulations, and Fresno County Charter provisions
applicable to the performance of services.
34.ESG ELIBILITY AND REPORTING REQUIREMENTS
A.SUBRECIPIENT is required to be a member in good standing of the FMCoC. A
member in good standing is defined as a current dues paid member with attendance at a minimum of 75%
of all FMCoC Director’s meetings.
B.SUBRECIPENT is required to utilize the FMCoC Coordinated Entry System for a ll
clients served under ESG.
C. COUNTY’s failure to inform SUBRECIPIENT of any reporting requirements shall not
relieve SUBRECIPIENT of compliance with any ESG eligibility and reporting requirements.
SUBRECIPIENT agrees, in accordance with the requirements of the ESG program, that ALL beneficiaries
of SUBRECIPIENT’s activities provided under this Agreement must meet the following minimum criteria:
1.Any individual or family provided with assistance through ESG must meet the
HUD definit ion of homeless and must be documented.
2.The households targeted must be those most in need of this assistance and
most likely to achieve stable housing, whether subsidized or unsubsidized, outside of ESG after the
program concludes.
D.If SUBRECIPIENT is providing Rapid Rehousing services, the beneficiary household
must be at or below 30% of the Area Median Income (AMI) for Fresno at re-evaluation as referenced in
Exhibit C, incorporated herein by reference and made part of this Agreement. If SUBRECIPIENT is
providing Homeless Prevention services, the beneficiary household must be at or below 30% of the AMI at
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intake and re-evaluation. The AMI may change on a yearly basis and SUBRECIPIENT is required to use
the most recent version as provided by COUNTY.
E.SUBRECIPIENT is expected to meet all other ESG requirements as described in 24
CFR Part 576.
35.MINIMUM DATA COLLECTION REQUIREMENTS
SUBRECIPIENT is required to collect and report client-level data in the local Homeless
Management Information System (HMIS) administered by the Fresno Housing Authority or a comparable
database if SUBRECIPIENT is a domestic violence provider. In the latter instance, all references to HMIS
shall be understood to refer to a comparable database. Reporting through HMIS is a requirement of ESG
funding. HMIS will be used to collect data and report on outputs and outcomes as required by HUD.
SUBRECIPIENT is required to enter all client intakes, provide regular updates and exit all clients once
services are completed.
At a minimum, SUBRECIPIENT must enter the following information in the FMCoC HMIS
database for federal reporting purposes:
(1)Name
(2)Social Secu rity Number
(3)Date of Birth
(4)Race
(5)Ethnicity
(6)Gender
(7)Veteran Status
(8)Disabling Condition
(9)Residence Prior to Program Entry
(10)Zip Code of Last Permanent Address
(11)Housing Status
(12)Program Entry Date
(13)Program Exit Date
(14)Personal Identification Number
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(15)Household Identification Number
(16)Income and Sources
(17)Non-Cash Benefits
(18)Destination (Where Client Will Stay Upon Exit)
(19)Financial Services Provided
(20) Housing Relocation and Stabilization Services Provided
COUNTY reserves the right to add additional reporting requirements as required by HUD.
36.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.
37.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 first
2 hereinabove written .
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Print Name: Wayne Rutledge
Title : Chief Executive Officer
9 Chairman of the Board, or
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President, or any Vice President
By: ___________ _
Print Name: _________ _
Title : ___________ _
Secretary (of Corporation), or
any Assistant Secretary , or
Chief Financial Officer, o r
any Assistant Treasurer
Ma iling Address :
331 W Shields Ave
Fresno , CA 93705
Phone No: (585) 314-3914
Contact: Executive Director
FOR ACCOUNTING USE ONLY :
Fund/Subc lass : 0001/10000
26 ORG No .: 56 107093
Account No .: 7870
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::U_N_T_Y_O~F~rF-KR-cE-fiS~N~O-~-------
Steve ~"rman of the Board of
Supervisors of the County of Fresno
ATTEST:
BERNICE E. SEIDEL
Clerk of the Board of Supervisors
County of Fresno , State of Cal iforn ia
By : ~d!s....Ll.11..Ao,,&1!:!...'L) _::~~~~·~J~_
Deputy D
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Exhibit A
Page 1 of 2
SUMMARY OF SERVICES
ORGANIZATION: RH COMMUNITY BUILDERS
SERVICES: RAPID REHOUSING SERVICES
PROJECT HOMEKEY
CONTRACT TERM: January 1, 2021-June 30, 2021
COMPENSATION: $965,017
RAPID REHOUSING SERVICES
The County of Fresno (COUNTY), as the Administrative Entity for CARES Act Allocation of ESG-CV funds
allocated to the FMCoC, has a need for the implementation of a Rapid Rehousing program designed to help
individuals and families exit homelessness and achieve housing stability in permanent housing. The target
population of Rapid Rehousing services are individuals or families that are experiencing homelessness in
Fresno and Madera Counties and have demonstrated the ability to continue progressing towards unsubsidized
housing or those who are also at risk of serious illness from COVID-19.
The Rapid Rehousing program provides temporary, medium-term financial assistance (12 months), combined
with housing location and case management services, to help homeless individuals and families obtain
permanent housing and achieve long-term stability.
Rapid Rehousing services shall follow a project-based model.
• Project-based assistance will be provided at the Crossroads Village site located at 3737 N Blackstone
Ave, Fresno, CA 93726.
• Participants may exit from the Rapid Rehousing program to permanent housing at the Crossroads
Village, or to another location of their choosing.
• Participants shall receive up to 12 months of financial assistance through this program. The County
shall procure a provider for the second 6-month term of the prog ram . Should the agreement for the
second term of this program not be awarded to RH Community Builders. RH shall work with the new
provider prior to the termination of this agreement, to transition participants to the new provider to
ensure continuity of service delivery. More specifically, that tracking of housing retention shall be
transitioned and that financial assistance shall not exceed a total of 12 months through ESG-CV
funding. Should the second term of this program be awarded to RH, the same tracking and limitations
shall apply.
The Rapid Rehousing program shall consist of the following:
A. Case Management: Intensive case management services are to be provided that focus on developing
an unsubsidized or permanently subsidized housing plan for all participants, helping them overcome
barriers to attaining permanent housing, locating and placing p articipants into housing, monitoring
participant progress, and intervening with relevant support, if necessary to ensure participant stability. 4
direct service staff will provide services. Case management services entail regular contact, weekly or
as needed; sustained effort to stabilize the participant’s housing situation; and active pursuit of
additional community resources for the participant’s benefit.
B. Renters Education: An educational series are to be provided to participants focused on improving their
stability and life skills that will assist participants with long term housing stability. A minimum of 12
group courses will be offe red annually on skills such as conflict resolution with landlords and neighbors,
resident maintenance, and long -term housin g goals.
Note: Education services will be offered in small group, social distanced settings or individual meetin gs
until local COVID res trictions are lifted on the size of gatherings.
Exhibit A
Page 2 of 2
C. Rental Assistance: Direct financial assistance is to be provided to remove immediate barriers to
housing, including rental assistance of up to 12 months, utility payments, security and utility deposits,
moving costs, transportation costs, rental application fees, and interpreter services. The Rapid
Rehousing Program will work with clients to ensure that clie nts pay a share of cost toward rental
assistance, beginning with the first month of assista nce. The Rapid Rehousing Program shall develop a
share of cost schedule and ensure that client subsidies adhere to the schedule based on individual
needs. All clients will be expected to pay the full amount of rent within the full 12 -month period.
These rapid rehousing services are intended to both help individuals obtain permanent housing stability and
mitigate the impacts on participants create d by coronaviru s.
SUBRECIPIENT RES PONSIBILITIES
RH shall:
• Provide the above Rapid Rehousing Program services during the term of the Agreement.
• Maintain membership in good standing in the Fresno Madera Continuum of Care (FMCoC) as defined
by FMCoC bylaws and participate in the Coordinated Entry System (CES).
• Develop an adequate procedure to prevent duplication of benefits.
• Accept referrals only through the FMCoC CES or DSS.
• In the event the number of referrals exceeds the number of available housing placements, RH will
prioritize referrals using the following criteria: Vulnerability Index – Service Prioritization Decision
Assistance Tool score, length of homelessness, medical conditions, and any other relevant factors.
• Enter participant information into the Homeless Management Information System (HMIS) in compliance
with ESG and HUD data collection, management, and reporting standards.
• Meet with County staff monthly, or as often as needed, for service coordination, problem/issu e
resolutio n, information sharing, training, review, and monitoring of services.
• Engage clients in a linguistically and culturally appropriate manne r, including the use of interpreters
when needed.
• Provide annual Civil Rights training to staff at the beginning of every calendar year and provide relevant
verification to the County of Fresno by April 1.
Provide complete and accurate monthly activity reports to the County of Fresno, in a report format
approved by the County by the 10th of each month for services rendered in the previous month.
• RH must also repo rt the following:
1. The number of individuals receiving case management and the duration of the assistance;
2. The types of assistance received by recipients (financial and/or case management); and
3. The client’s housing status at 6 months after receiving assistance from the program.
PERFORMANCE OUTCOMES
RH shall meet the following outcomes during the term of this agreement:
1. 80% of clients that exit the Rapid Rehousing program component will remain stably housed
at 6 months after exiting the program.
2. 60% of participants will be referred to outside services including but not limited to physical
health, behavioral health, and/or mental health treatments, money management classes, or
anyth ing else deemed appropriate for this population.
Exhibit B
Page 1 of 2
BUDGET SUMMARY
ORGANIZATION: RH Community Builders
SERVICES: Homekey Rapid Rehousing
CONTRACT TERM: January 1, 2021 through June 30, 2021
CONTRACT AMOUNT: $965,017
Budget Categories Amount
Rapid Rehousing Personnel
Salaries
ED
Manager
2.0 FTE Housing Case Managers II
2.0 FTE Housing Case Managers I
Financial Analyst
Office Assistant
Payroll Taxes Worker’s Comp
Benefits
Subtotal $205,086
Rapid Rehousing Startup and Operations
Startup Costs
Computer Equipment
Office Furniture
iPad(s)
Networking
Printers
Rent Manager Software Setup
Cellular Phones
Operations
Office Supplies
Equipment Replacement
Cleaning Supplies
Timekeeping
Phone & Email
Gas/Mileage
Insurance
Internet
Rent Manager Software
Training
Van Lease
Subtotal $41,472
Rapid Rehousing Direct Financial Assistance
Rental Assistance
Utility Payments
Security/Utility Deposits
Moving Costs
Exhibit B
Page 2 of 2
Rental Application Fees
Subtotal $627,549
HMIS
Subtotal $4,790
Indirect Costs
Subtotal $86,120
Total $965,017
Note: Rent shall not exceed Fair Market Rent for the County of Fresno. Only eligible
expenses 24 CFR 576 (ESG) and CPD Notice 20-08 (ESG-CV) are allowed.
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: