HomeMy WebLinkAboutAgreement A-19-257-1 with Turning Point.pdfCOUNTY OF FRESNO
Fresno, CA
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AMENDMENT I TO AGREEMENT No. 19-257
THIS AMENDMENT I TO AGREEMENT (hereinafter “Amendment”) is made and entered into this
_____ day of , 2021, by and between the COUNTY OF FRESNO, a Political Subdivision of the
State of California, hereinafter referred to as “COUNTY,” and Turning Point of Central California, Inc., a
California Non-Profit Corporation, whose address is P.O. Box 7447, Visalia, CA 93290-7447, hereinafter
referred to as “SUBRECIPIENT”.
WITNESSETH:
WHEREAS, COUNTY is the Administrative Entity for Homeless Emergency Aid Program (HEAP)
grant funds awarded to the Fresno Madera Continuum of Care (FMCoC) by the California Business
Consumer Services and Housing (BCSH) Agency, as authorized by SB 850 (Chapter 48, Statutes of
2018); and
WHEREAS, the FMCoC has a need for triage and emergency shelter services throughout the
Counties of Fresno and Madera and, therefore, the COUNTY, as the Administrative Entity for the FMCoC,
and SUBRICIPIENT entered into Agreement No. 19-257, dated the 4th of June 2019, for SUBRECIPIENT
to provide such services; and
WHEREAS, COUNTY is the Administrative Entity for the Homeless Housing, Assistance and
Prevention (HHAP) grant funds awarded to the FMCoC, by the California Business Consumer Services
and Housing (BCSH) Agency, as authorized by AB 101; and
WHEREAS, COUNTY, for itself, was awarded HHAP grant funds by the BCSH Agency; and
WHEREAS, COUNTY, as the Administrative Entity for FMCoC and for itself, and the
SUBRECIPIENT desire to amend Agreement No. 19-257 to provide that SUBRECIPIENT shall also
provide services funded by the HHAP grant funds awarded to FMCoC and the COUNTY.
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions herein
contained, the parties hereto agree as follows:
1.That County Agreement No. 19-257, Page one (1 ), line eighteen (18), beginning with the
number "1" and ending on page two (2), line twenty-eight (28) with the word “DSS”, be deleted and the
following inserted into its place:
Agreement No. 19-257-1
11th May
COUNTY OF FRESNO
Fresno, CA
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“1. OBLIGATIONS
A.SUBRECIPIENT shall perform all services and fulfill all responsibilities to provide
triage emergency shelter as identified in COUNTY’s Request for Proposal (RFP) No. 19-053, dated
February 12, 2019, and Addendum No. One (1) to COUNTY’s RFP No. 19-053, dated February 27,
2019, collectively hereinafter referred to as COUNTY’s Revised RFP No. 19-053 and SUBRECIPIENT’s
response to said Revised RFP, all incorporated herein by reference and made part of this Agreement.
B.SUBRECIPIENT shall perform all services set forth in Revised Exhibit A, Summary
of Services, attached hereto and by this reference incorporated herein.
C.SUBRECIPIENT shall provide services pursuant to the staffing pattern and
program expenses detailed in Revised Exhibit B, Budget, attached hereto and by this reference
incorporated herein.
D.SUBRECIPIENT shall maintain membership in the FMCoC and participate in
Coordinated Entry throughout the term of this Agreement, as described in Revised Exhibit A. If, for any
reason, this status is not maintained, the COUNTY may terminate this Agreement pursuant to Section
Three (3) of this Agreement.
E.COUNTY, as the Administrative entity for HEAP grant funds awarded to FMCoC,
has entered into an agreement with the State of California for HEAP funding (Agreement No. 18-HEAP-
0027), a copy of which is attached hereto as Exhibit C and is incorporated herein by this reference.
Services provided by SUBRECIPIENT under this Agreement shall be funded with HEAP funding and,
therefore, SUBRECIPIENT shall be aware of, agree to, and comply with all State requirements governing
the use of HEAP funds; and all conditions in Exhibit C. Failure to comply with these requirements and
conditions may result in termination of this Agreement pursuant to Section Three (3) of this Agreement.
Required conditions include, but are not limited to:
1)Perform the work in accordance with Federal, State and Local housing and
building codes, as applicable.
2)Maintain at least the minimum State-required worker’s compensation for
those employees who will perform the work or any part of it.
3)Maintain, as required by law, unemployment insurance, disability insurance,
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Fresno, CA
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and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who
may be injured or damaged by the SUBRECIPIENT or any Subcontractor in performing the Work or any
part of it.
4)Agree to include all the terms of this Agreement and Exhibit C in each
subcontract.
F.COUNTY, on its own behalf, has entered into an agreement with the State of California
for HHAP grant funds awarded to COUNTY(Agreement No. 20-HHAP-00096), a copy of which is attached
hereto as Exhibit D and is incorporated herein by this reference. Services provided by SUBRECIPIENT
under this Agreement shall be funded in part with HHAP funding allocated to the COUNTY and, therefore,
SUBRECIPIENT shall be aware of, agree to, and comply with all State requirements governing the use of
HHAP funds; and all conditions in Exhibit D. Failure to comply with these requirements and conditions
may result in termination of this Agreement pursuant to Section Three (3) of this Agreement.
G.COUNTY, as the Administrative Entity for HHAP grant funds awarded to FMCoC, has
entered into an agreement with the State of California for HHAP funding (Agreement No. 20-HHAP-
00097), a copy of which is attached hereto as Exhibit E and is incorporated herein by this reference.
Services provided by SUBRECIPIENT under this Agreement shall be funded with HHAP funding and,
therefore, SUBRECIPIENT shall be aware of, agree to, and comply with all State requirements governing
the use of HHAP funds; and all conditions in Exhibit E. Failure to comply with these requirements and
conditions may result in termination of this Agreement pursuant to Section Three (3) of this Agreement.
H.In the event of any inconsistency among the documents described in Paragraphs
One (1) A, B, C, D, E, F and G hereinabove, the inconsistency shall be resolved by giving precedence in
the following order of priority: 1) to this Agreement, including all Exhibits attached hereto, 2) to COUNTY’s
Revised RFP No. 19-053, and 3) to the SUBRECIPIENT’s response to the Revised RFP. A copy of
COUNTY’s Revised RFP 19-053 and SUBRECIPIENT’s response shall be retained and made available
during the term of this Agreement by COUNTY’s Department of Social Services, hereinafter referred to as
COUNTY’s DSS.”
2.That County Agreement No. 19-257, Page three (3), beginning on line one (1) with the
number “2” and ending on page three (3), line two (2) with the word “May 31, 2021”, be deleted and the
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Fresno, CA
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following inserted into its place:
“2. TERM
This Agreement shall be effective on the 4th day of June 2019, through and including
October 31, 2022.”
3.That the existing County Agreement No. 19-257, Page three (3), beginning on line twenty-
four (24) with the number “4” and ending on page four (4), line twenty-two (22) with the word “Agreement”,
be deleted and the following inserted into its place:
“4. COMPENSATION
For actual services provided pursuant to the terms of this Agreement, COUNTY agrees to
pay SUBRECIPIENT and SUBRECIPIENT agrees to receive compensation in accordance with Revised
Exhibit B, Budget Summary. 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.
In no event shall the cumulative total of this Agreement exceed Two Million, Eight Hundred
Ninety-Nine Thousand, One Hundred Sixty and No/100 Dollars ($2,899,160). For the period of June 4,
2019 through June 30, 2021, in no event shall the services performed under this Agreement exceed One
Million, Five Hundred Seventy-Six Thousand, Three Hundred Fifty-Seven and No/100 Dollars
($1,576,357). For the period of July 1, 2021 through October 21, 2022, in no event shall actual services
performed under this Agreement be in excess of One Million, Three Hundred Twenty-Two Thousand,
Eight Hundred Three and No/100 Dollars ($1,322,803). Payments by COUNTY shall be in arrears, for
services provided during the preceding month, within forty-five (45) days after receipt, verification and
approval of SUBRECIPIENT’s invoices by COUNTY.
It is understood that all expenses incidental to SUBRECIPIENT'S performance of services
under this Agreement shall be borne by SUBRECIPIENT. If SUBRECIPIENT should fail to comply with
any provision of the Agreement, COUNTY shall be relieved of its obligation for further compensation. Any
compensation which is not expended by SUBRECIPIENT pursuant to the terms and conditions of this
Agreement shall automatically revert to COUNTY. The services provided by the SUBRECIPIENT under
this Agreement are funded in whole or in part by the State of California. In the event that funding for these
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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.
To the extent permitted by State and Federal rules and regulations, advanced payment of up
to ten percent (10%) of the maximum compensation under this Agreement may be requested of COUNTY
by SUBRECIPIENT. Advance payments shall be limited to implementation costs for new and/or expanded
services only. Approval of an advanced payment is at the sole discretion of COUNTY’s DSS Director or
designee. If advanced payment occurs, the amount of the advanced payment shall be deducted in equal
installments from claims submitted during the seventh through the twelfth months of this Agreement.”
4. That all references in COUNTY Agreement No. 19-257 to Exhibit A shall be changed to
read “Revised Exhibit A,” which is attached hereto and incorporated herein by this reference.
5.That all references in COUNTY Agreement No. 19-257 to Exhibit B shall be changed to
read “Revised Exhibit B,” which is attached hereto and incorporated herein by this reference.
6. That Exhibit D (Self-Dealing Transaction Disclosure Form) attached to COUNTY
Agreement No. 19-257 shall be deleted and replaced with Exhibit F (Self-Dealing Transaction Disclosure
Form), attached hereto and incorporated herein by this reverence. All references in COUNTY Agreement
No. 19-257 to Exhibit D (Self-Dealing Transaction Disclosure Form) shall be changed to read “Exhibit F.”
COUNTY and SUBRECIPIENT agree that this Amendment is sufficient to amend Agreement No.
19-257 and, that upon execution of this Amendment, the original Agreement, and this Amendment, shall
together be considered the Agreement.
The Agreement, as hereby amended, is ratified and continued. All provisions, terms, covenants,
conditions, and promises contained in this Agreement not amended herein shall remain in full force and
effect. This Amendment shall be effective upon execution.
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1 In WITNESS WHEREOF , the parties hereto have executed this Amendment I to Agreement No . 19-257
2 as of the day and year first hereinabove written .
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SUBRECIPIENT:
Turning Point of Central California, Inc.
Print Name : Raymond R Banks
Title : Chief Executive Officer
Chairman of the Board , or
President, or any Vice President
Print Name : Bruce Tyler
Title : Chief Financial Officer
Secretary (of Corporation), or
Any Assistant Secretary , or
Chief Financial Officer, or
any Assistant Treasurer
Mailing Address :
P.O. Box 7447 , Visalia , CA 93290-7447
Phone No .: (559) 732-8086
Contact: Chief Executive Officer
FOR ACCOUNTING USE ONLY
Fund/Subclass : 0001/10000
Organization : 56107114
AccounUProgram : 7870
DEN :sgv
COUNTY OF FRESNO
Steven Brand , Chairman 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 California
By ~&~t»-·,L....Jc.......i,.,,~~......,.___ __
Deputy l)
- 6 -COUNTY OF FRESNO
Fresn o, CJ\
Revised Exhibit A
Page 1 of 3
SUMMARY OF SERVICES
ORGANIZATION: Turning Point of Central California, Inc. (TPOCC)
ADDRESS: P.O. Box 7447, Visalia, CA 93290-7447
SERVICE ADDRESS: 2904 E. Belgravia, Fresno, CA 93721
TELEPHONE: (559)732-8086
CONTACT: Jody Ketcheside, Deputy Regional Director
EMAIL: jketcheside@tpocc.org
CONTRACT: Triage Center Emergency Shelter Services
CONTRACT AMOUNT: June 4, 2019 to June 30, 2021 - $1,576,357
July 1, 2021 to October 29, 2022 - $1,322,803
SUMMARY OF SERVICES
TPOCC shall provide Triage Center Emergency Shelter services, including 24-hour emergency
shelter that offers low-barrier access to dormitory accommodations with on-site, housing-
focused services including diversion pre-screening, case management, housing search and
placement, connection to community resources, and stabilization of health issues. TPOCC will
provide thirty (30) emergency shelter beds to homeless individuals. The Triage Center is
intended to provide a safe, supportive environment where residents will be provided with
wraparound services to attain permanent housing by rebuilding their support network and
addressing the issues that led to the episode of homelessness.
STAFFING
3.0 FTE Case Managers: Turning Point will provide a minimum of three full-time Case Manager
positions. Case managers will be responsible for creating a supportive service and housing plan
for every client, linking clients to supportive services, and implementing the established housing
plan. Case manager will also assist clients in collecting basic documentation such as birth
certificates, identification cards and social security cards.
2.0 FTE Access Coordinator: Turning Point will provide a minimum of 2.0 full-time equivalent
Access Coordinator positions. Access Coordinators will prescreen all those presenting at the
Triage Center. During the initial screening process the Access Coordinator will practice
diversion. Once diversion is exhausted or inappropriate, the Access Coordinator will link the
client to the Triage Center emergency shelter services. If shelter is unavailable at the Turning
Point Triage Center, the client will be linked to available shelter elsewhere. Access Coordinators
will also address emergency needs such as mental health or medical needs.
1.0 FTE Triage Center Program Director: The Triage Center Program Director is responsible
for the overall operation of the Triage Center. The Triage Center Program Director will directly
supervise case managers and intake specialists, create schedules, and provide additional
coverage if necessary. The Triage Center Program Director will set goals for the Triage Center
program and staff and will ensure that those goals are met.
Revised Exhibit A
Page 2 of 3
1.3 FTE Cooks: Turning Point will provide a minimum of 1.3 full-time equivalent Cooks position.
Cooks will grocery shop, prepare meals, develop menus based on a balanced and healthy diet,
keep inventory of supplies, and keep the snack pantry fully stocked.
6.3 FTE Monitors: Turning Point will provide a minimum of 6.3 full-time equivalent Monitor
positions. Monitors will oversee general operations during their shift, provide guests with basic
needs (hygiene supplies, meals, clothing, bedding, assistance with laundry), provide crisis de-
escalation, respond to emergency situations, and conduct intakes. Turning Point will ensure that
there are two Monitors on shift at all times, with some exceptions during overnight shifts.
TARGET POPULATION
The target population of Triage Center Emergency Shelter services is individuals or families that
are experiencing homelessness or are at imminent risk of homelessness in Fresno and Madera
Counties.
TRIAGE CENTER EMERGENCY SHELTER SERVICES
1.Emergency Shelter: Operate 30 emergency shelter beds for individuals and families
experiencing homelessness in Fresno and Madera Counties. Basic shelter services
provided will include meals. The maximum length of stay will be 90 days, subject to
exceptions for documented situations.
2.Case Management: Provide intensive case management services that focus on helping
participants develop a housing plan and overcome barriers to attaining permanent
housing. Participants that have been connected to a permanent housing intervention
may be referred to a Bridge Housing program to prepare to enter permanent housing.
3.Housing Search and Placement: Provide services and activities necessary to assist
program participants in locating, obtaining, and retaining safe permanent housing.
4.Diversion Pre-Screening: Assess all people who present for homeless services at the
Triage Center for potential Diversion services and if deemed eligible, refer immediately
to a Diversion program.
5.Stabilizing Heath Intervention: Provide services for stabilization of participant health
issues, including substance use and mental health disorders.
CONTRACTOR RESPONSIBILITIES
•TPOCC shall provide annual Civil Rights and Privacy and Security trainings to staff at
the beginning of every calendar year and provide relevant verification of both trainings to
the County of Fresno by April 1.
•All services provided must be in compliance or otherwise aligned with the core
components of Housing First, pursuant to California Welfare and Institutions Code
section 8255, subdivision (b).
•Adhere to a low-barrier shelter policy. Shelter beds must be open to all who desire the
service regardless of sexual orientation, marital status, or gender identification. Guests
must be allowed to enter shelter with their partners, possessions, and pets.
•Register all guests and require them to sign a participation agreement that outlines
program policies and their agreement to services provided by the Triage Center.
•Allow for 24-hour guest access and not exclude people because of intoxication or mental
illness.
•Allow one pet per guest onsite. TPOCC will make efforts to find foster care for any
additional pets that belong to the guest.
Revised Exhibit A
Page 3 of 3
•Maintain membership in the Fresno Madera Continuum of Care (FMCoC) and participate
in the Coordinated Entry System (CES)
•Accept self-referrals, FMCoC CES referrals and, where appropriate, law enforcement
referrals.
•The Triage Center will be a Coordinated Entry assessment site, that conducts homeless
services pre-screenings using the Vulnerability Index – Service Prioritization Decision
Assistance Tool (VI-SPDAT).
•In the event the number of referrals exceeds the number of available beds, TPOCC will
prioritize referrals using the following criteria: VI-SPDAT score, length of homelessness,
medical conditions, and any other relevant factors.
•The Triage Center must be staffed 24 hours a day, 7 days a week.
•Maintain a minimum staff-to-client ratio of 1:20 during daytime hours.
•Provide on-site office space for Diversion program staff.
•Enter guest information into the Homeless Management Information System (HMIS) in
compliance with HEAP and HUD data collection, management, and reporting standards.
Client HMIS data must be made available for the California Business, Consumer
Services and Housing Agency statewide data system or warehouse.
•Adhere to a “Good Neighbor” policy, whereby TPOCC will secure and maintain the
perimeter of the Triage Center facility, keeping clear of any nuisances and code
violations.
•Provide guests with a voluntary survey to complete upon discharge from the program.
The program will consider all feedback and enhance the program based on guest
feedback.
•Comply with all shelter and housing habitability standards as identified in 24 CFR
576.403
PERFORMANCE OUTCOMES
TPOCC shall provide complete and accurate monthly activity reports to the County of Fresno, in
a report format approved by the County by the 10th of each month.
TPOCC shall meet the following outcomes:
•A minimum of 85% bed utilization as measured by HMIS on the last Wednesday of the
month, quarterly, beginning in July 2019.
•Provide Triage Center emergency shelter services to a minimum of 100 unduplicated
participants annually.
•A minimum of 70% of participants will be connected to a safe exit from the program,
meaning one of the following destinations: rental with or without subsidy, permanent
shared-living arrangement with family or friends, Bridge Housing or other emergency
housing programs, drug treatment facility, or psychiatric treatment facility.
•30% of participants will transition directly to permanent housing from the Triage Center.
•40% of participants will transition to Bridge Housing.
•60% of participants will attain a safe exit from the program within 90 days.
Revised Exhibit B
Page 1 of 2
BUDGET SUMMARY
ORGANIZATION: Turning Point of Central California, Inc.
SERVICES: Triage Center Emergency Shelter
CONTRACT TERM: June 4, 2019 through June 30, 2021 (25 Months)
TWENTY-FIVE MONTH BUDGET: $1,576,357
Contract Budget
Budget Category Amount
Personnel
Salaries
Payroll Taxes
Benefits
Subtotal $ 911,868
Services and Supplies
Client Meals
Client Personal Supplies
Shelter Furniture
Insurance
Communication
Office Expenses
Equipment
Travel Costs
Program Supplies
Fiscal & Audits
Training
Subtotal $ 312,978
Facility Costs
Rent
Utilities
Maintenance
Security
Landscaping
Minor Facility Improvements
Subtotal $ 208,206
Indirect Costs (10% Maximum)
Indirect Costs
Subtotal $ 143,305
Total $ 1,576,357
Revised Exhibit B
Page 2 of 2
BUDGET SUMMARY
ORGANIZATION: Turning Point of Central California, Inc.
SERVICES: Triage Center Emergency Shelter
CONTRACT TERM: July 1, 2021 through October 31, 2022 (16 Months)
SIXTEEN-MONTH BUDGET: $1,322,803
Contract Budget
Budget Category Amount
Personnel
Salaries
Payroll Taxes
Benefits
Subtotal $ 872,760
Services and Supplies
Client Meals
Client Personal Supplies
Shelter Furniture
Insurance
Communication
Office Expenses
Equipment
Travel Costs
Program Supplies
Fiscal & Audits
Training
Subtotal $ 180,488
Facility Costs
Rent
Utilities
Maintenance
Security
Landscaping
Minor Facility Improvements
Subtotal $ 149,300
Indirect Costs (10% Maximum)
Indirect Costs
Subtotal $ 120,255
Total $ 1,322,803
Exhibit C
Page 1 of 17STATEPF CALIFORNIA .
STANDARD AGREEMENT
STD 213 (Rev 06/03)
Agreement No. 19-082
AGREEMENT NUMBER
18-HEAP-00027
REGISTRATION NUMBER
CA~14
1. Th is Agreement is entered . into between the State Agency and the Contractor named below:
STATE .AGENCY'S NAME
BUSINE$S,_CONSUMER SERVICES A'1!D MOUSING AGENCY .
CONTRACTOR'S NAME
County of Fresno
2. . the te"rm of t_his
Agreement is: -Upon BCSH Approval through 10/31/2021 .
3. The maximum amount
of-thi~ Agreement is :· $ 9,501,36~:84 ·
4. The parties agree tq comply with the terms and conditions of the following exhibits, which are by this reference made
a part ofthe Agreement. . ·
ExhibitA-
Exhib_it B-
Exhibit C -
Authority, Purpose and Scope of Work
Budget Detail and Payment Provi~ion.s
Terms and Conditions
Exhibit D -Special Terms and Conditions
'\
TOTAL NUMBER OF PAGES ATTACHED:
IN WITNESS WHEREOF, this Agreement _has been executed by~ parties hereto.
·CONTRACTOR
CONTRACTOR'S NAME (if oilier than an individual, state whether a corporation, partnership, etc.)
County of Fresno
PRINTED NAME AND TITLE OF PERSON SIGNING .
• --. ) I
ADDRESS
DATE SIGNED (Do '!"f type)
h!.Jo 12 ,014:J
..200 W. Pontiac Way, Building 3, Clovis; CA, 93612 ' .
STATE OF CALIFORNIA
1 AGENCY NAME
· Alexis Podesta, Secretary
. Business, Consumer Services and Housing Agency
ADDRESS
916 Capitol Mall, .Suite 360-A, Sacramento, CA 95814
DATE SIGNED (Do not type)
l-1 ,;,e It>
==-==-=-=-=-==--===---====-==---=====-==--==-= ATTEST:
: BERNICE E . SEIDEL
Clerk of the Board of Supervisors
County of Fresno, State of Califomia
3
3
9
1
16 .
· CallfOmla Department of General ..
Senlfces Use Only
D Exempt per:
, Bv sj\l)p · , t 4se cl • Deputy
I
Exhibit C
Page 2 of 17
1. Authority
Standard Ag'reem~nt
EXHIBIT A
AUTHORITY. ·PURPOSE AND SCOPE OF WORK
Homel~s Emergency Aid Program (HEAP}
County of Fresno
18-HEAP-00027
Page 1 of 3
Pursuant to Chapter 5 (commencing with Se.ction 50210) of Part 1. of Division 31 of
the Health and Safety Code, and all other relevant provisions established under SB
850 (Chapter 48, · Statutes of 2018), the State has established the Homeless
Emergency Aid Program ("HEAP" or "the Program" or "the grant"). The Program is .
administered by the ·California Homeless Coordinating ana Financing · Council
("Council") in the Business, Consumer Services and Housing Agency ("Agency").·
HEAP provides one-time fle~ibl~ block grant funds to Administrative. Entities as
defined in the September 5, 20~8 HEAP Notice of Funding Availability (NOFA) and
Large Cities to address their immediate homelessness challenges. This Standard ·
Agreement along with all its exhibits ("Agreement") is entered into by .the Agency and
an Administrative Entity or Large City ("Contractor") under the authority of, and in
furtherance of the purpos~ of, the Progra~. In signing this Agreement and thereby
accepting this award of funds, the Contractor agrees to comply with the terms and
conditions of the Agreement, Jhe Notice of Funding Availability ("NOFA") under which
.the Contractor applied, the representations contained in the Contractor's application,
and the requirements of the authority cited above. ·
2. Purpose
The general purpose of the Program is to provide one-time block grant funding to
address the immediate emergency nee~s of homeless .individuals and individuals at
imminent risk of homelessness in the service-area of each Contractor. In accordance
with the · authority cited above, an application was madE;l by the 'Contractor for HEAP
funds to be allocated _ for eligible uses und~r the grant, which include, but are not
limited to, the following: services, rental -assistance or subsidies, capital improvements
and hom·eless youth activities. ·
3. Definitions
Terms-herein shall have the same meaning as the definitions set forth in the HEAP
NOFA.
4. Scope of Work ·
The Scope of Work,{''Work") for this Agreement shall include O!Je-time uses that are
consi_stent with Chapter 5 (commencing with Section 50210) of Part 1 of Division 31
of the Health and Safety Code, and all other relevant provisions established under SB
850 (Chapter 4~. Statutes of 2018), for eligible uses, which in.elude, but are not limited
to, one or more of the following: ·
' f:iomeless Emergency Aid ·Program
NOFADate109/p5/2018
Con~ctor's lnitia~
Exhibit C
Page 3 of 17
Standard Agreement
EXHIBIT A
A. Services ,
B. Rental Assistance or Subsidies,
C . Capital Improvements ,
D. Homeless Youth Set-Aside,
E. Administrative Costs , and
F. Other
5. Agency Contract Coordinator
County of Fresno
18-HEAP-00027
Page 2 of 3
The Agency's Contract Coordinator for this Agreement is the Council's HEAP Grant
Manager or the Grant Manager's designee . Unless otherwise instructed , any notice,
report, or other communication requiring Contractor signature for this Agreement shall
be mailed by first class mail to the Agency Contract Coordinator at the following
address:
Business , Consumer Services and Housing Agency
Attn : Homeless Emergency Aid Program Grant Manager
915 Capitol Mall , Suite 350-A
Sacramento, CA 95814
6. Contractor's Contract Coordinator
The Contractor's Contract Coordinator ("Authorized Representative") for this
Agreement is listed below . Unless otherwise informed, any notice, report or other
communication required by this Agreement will be mailed by first class mail to the
Contractor's Contract Coordinator at the following address:
Contractor's
Authorized
Representative Laura Moreno, Program Manager
Name:
Address : 200 W . Pontiac Way, Building 3
Clovis, CA 93612
Phone : (559) 600-2335
Email: lhaga@fresnocountyca.gov
Homeless Emergency Aid Program
NOFA Date : 09/05/2018
Exhibit C
Page 4 of 17
Standard Agreerill ent
EXHIBIT A
County of Fresno
18-HEAP-00027
Page 3 of 3
7. Effective Date, Term of Agreement, and Deadlines
A. This Agreement is effective upon approv~I by the Agency (indicated by the
signature provided by Agency in the lowe t left section of page one , Standard
Agreement, STD. 213), when signed by all ~arties .
B. All HEAP grant funds must be at least fifW percent contractually obligated by
January 1, 2020. One hundred percent of ~rogram funds must be expended by
June 30, 2021. Any funds not expended t:>y that date shall be returned to the
Agency and will revert to the General Fund ~See Health and Safety Code Section
50215).
8. Special Conditions
Agency reserves the right to add any special conditions to this Agreement it deems
necessary to ensure the goals of the Program are achieved .
Homeless Emergency Aid Program
NOFA Date : 09/05/2018
Exhibit C
Page 5 of 17
1. Budget Detail
Standard Agreement
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
Homeless Emergency Aid Program (HEAP)
County of Fresno
18-HEAP-00027
Page 1 of 3 ·.
The Contractor agrees_ that HEAP funds shall be expended on one-time uses that
address immediate homelessness challenges.
'
Consistent with the application submitted by the Contractor on December 12, 2018,
the Business, Consumer Services and Housing Agency ("Agency") shall award funds ·
in the form of a grant for the following ~ligible activities:
·. A. Capital Improvements: .
. B. Services:
C. Rental Assistance or Subsidies:
D. Homeless Youth Set-Aside:
E. Administrative Costs:
F. Other:
Total HEAP Award Amount:
2. ·General Conditio.ns Prior to Disbursement '
$ 0.00
$ 7,073,213.70_
$ 994,679.00;·'
. $ 475,068.14
$ 475,068.00
$ 483,334.00
$9,501,362.84
General Requirements -All Contractors must submit the following forms prior to
HEAP funds being released: · -
A. Request for Funds Form (RFF),
B. Four original copies of the signed STD. 213 form and initialed Exhibits A through
D,and · . ·
C. Any other documents, certifications, or evidence requested by Agency as. part of
the HEAP application.
3. Expenditure of Funds
-Specific requirements and deadlines for contractually obligating and expending
awarded funds are defined in the HEAP statutes . Health and Safety Code Sections
50214 and .50215 mandate the following:
A. No more than five (5) percerit of HEAP funds may be used for administrative costs
related to the execution of eligible activitie$.
B. No less than five (5) percent :of HEAP funds shall be used to establish or expand
services meeting the needs of homeless youth or youth at risk of homelessness.
C. No. less than 50·_percent of HEAP funds shall be contractually obligated by January
1, 2020.
D. One hundred percent of HEAP funds shall be expended by June 30, 2021.
Homeless Emergency Aid Program
NOFA Date:.,09/05/2018
Contractor's lniti~
Exhibit C
Page 6 of 17
Standard Agreement
EXHIBIT B
County of Fresno
18-HEAP-00027
Page 2 of 3
E. Any funds not expended by June 30, 2021 shall be returned to Agency and will
revert to the General Fund .
Homeless Coordinating and Financing Council ("Council") staff will provide ongoing
technical assistance and training to support Contractors in successfully complying with
these requirements and deadlines.
HEAP funds may not be obligated and expended prior to the effective date of this
Agreement or prior to Contractor's receipt of HEAP funds, whichever date is later,
even if it is for an eligible use under the statute. Program funds shall be expended in
compliance with the requirements set forth in Chapter 5 of Part 1 of Division 31 of the
Health and Safety Code and all other relevant provisions established under SB 850,
the NOFA, and this Agreement.
4. Disbursement of Funds
HEAP funds will be disbursed to the Contractor upon receipt , review and approval of
the completed RFF by Agency, which will then forward the RFF to the State
Controller's Office ("SCO") for a check to be issued. The RFF must include the
proposed activities and amount of funds proposed for expenditure under each eligible
use . HEAP funds will be disbursed in a single allocation once the RFF has been
received by the SCO .
5. Budget Changes
After the effective date of this Agreement, the Contractor agrees that no changes shall
be made to the Contractor's HEAP budget, funded homeless service providers
("subrecipients"), or eligible activities listed in the RFF without first obtaining approval
from Agency . Any changes to this Agreement must be requested by the Contractor in
writing through submission of a Change Request Form . Changes must be approved
in writing by Agency.
6. Ineligible Costs
HEAP funds shall not be used for costs associated with activities in violation of any
law or for any activities not consistent with the intent of the Program and the eligible
uses identified in Health and Safety Code Section 50214 .
Agency reserves the right to request additional information and clarification to
determine the reasonableness and eligibility of all costs to be paid with funds made
available by this Agreement. If the Contractor or its funded subrecipients use HEAP
funds to pay for ineligible activities , the Contractor shall be required to reimburse these
funds to Agency.
Homeless Emergency Aid Program
NOFA Date : 09/05/2018
Exhibit C
Page 7 of 17
Sta~dard Agreement
EXHIBIT B
County of Fresno
18-HEAP-00027
Page 3 of 3
A. An expenditure which is not authorized by this Agreement, or wh ich cannot be
adequately documented , shall be disallowed and must be reimbursed to Agency
by the Contractor.
8 . Expenditures for activities not described in Exhibit A or Paragraph 1 above shall
be deemed authorized if the activities are consistent with Health and Safety Code
Section 50214 and such activities are included in the approved RFF or are
approved in writing by Agency prior to the expenditure of funds for those activities .
C . Agency, at its sole and reasonable discretion, shall make the final determination
regarding the allowability of expenditures of HEAP funds.
D. Program funds shall not be used for overhead or planning activities , including
Homeless Management Information Systems or Homelessness Plans .
7. Administrative Costs
The Contractor must comply with Health and Safety Code Section 50214, which limits
administrative costs related to the execution of eligible activities to no more than five
percent of HEAP funds . For purposes of this Program , "administrative costs" does not
include staff costs directly related to carrying out the eligible activities described in
Paragraph 1 of this Exhibit.
Homeless Emergency A id Program
NOFA Date: 09/05/2018
Exhibit C
Page 8 of 17
Standard Agreement
EXHIBITC
TERMS AND CONDITIONS
Homeless Emergency Aid Program (HEAP)
County of Fresno
18-HEAP-00027
Page 1 of 9
1. . Effective Date, Commencement of Work a'nd Comple~on Dates
A. This Agreement is effective upon approval by Agency, which is · indicated by the
signature provided by Agency in the, lower left-hand comer of page one, Standard
Agreement, STD. 213, when signed 'by all parties. Contractor agrees that the work ·
shall not commence, nor any costs to be paid with HEAP funds b~ incurred or
obligated by any party, prior to execution of this Agreement by Agency and the
Contractor, or prior to Contractor's receipt of HEAP funds, whichever date is later.
Contractor agrees that the work shall be completed by the expenditure · date
specified in Exhibit A, Paragraph 6.
B. Contractor must contractually obligate no less than 50 percent of HEAP funds by
January 1,. 2020. One hundred percent of HEAP funds shall be expended by June
30, 2021 . Any funds not expended by June 30, 2021 shall be returned to Agency
and revert to the General '-I: und. "Obligate" means that the Contractor. has placed
orders, awarded contracts, received services, or entered similar transactions that
require -payment from the grant amount. In the case of an award made to a general
purpose local government that subcontracts with private nonprofit organizations
via letters o( awards and Service Provider Agreements, the Subcontractors are
required to obligate the funds by the same statutory deadlines. "Expended" means
all HEAP funds obligated under contract or subcontract have been fully paid and
receipted, and no invoices remain outstanding.
C. Contractor and its Subcontractors agree that the work shall be completed by the
expiration date specified in Exhibit A,.Paragraph 6 and that the Scope of Work will
be provided for the full term of this Agreement.
2. Sufficiency of Funds and Termination
A. Agency may terminate this Agreement at any time for cause by giving a minimum
of 14 days' notice of termination, in writing, to the Contractor. Cause shall consist
of: violations of any terms or conditions of this Agreement, or any breach of
contract as described in Paragraph 7; violation of any Federal or State Laws or
Regulations; or withdrawal of Agency's expenditure authority. Upon termination of ·
this Agreement, unless otherwise approved in writing by Agency, any unexpended
funds received by the Contractor shall be returned to Agency within thirty days of
the Notice of Termination.
B. This Agreement is valid and enforceable only if sufficient funds are made available
to Agency by legislative appropriation. In addition, this Agreement is subject to any
additional restrictions, limitations or conditions, or statutes, regulations or an_y other
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Contractor's lnitiald_ .
Exhibit C
Page 9 of 17
County of Fresno
18-HEAP-00027
Page 2 of 9
Standard Agreement
EXHIBIT C
laws , whether federal or those of the State of California , or of any agency ,
department, or any political subdivision of the federal or State of California
governments , which may affect the provisions, terms or funding of this Agreement
in any manner.
3. Transfers
Contractor may not transfer or assign by subcontract or novation , or by any other
means , the rights, duties, or performance of this Agreement or any part thereof, except
with the prior written approval of Agency and a formal amendment to this Agreement
to affect such subcontract or novation.
4 . Contractor's Application for Funds
Contractor has submitted to Agency an application for HEAP funds to provide urgently
needed emergency assistance to homeless people in communities with a declared
shelter crisis or applicable waiver as authorized by Health and Safety Code Section
50212(b). Agency is entering into this Agreement on the basis of, and in substantial
reliance upon , Contractor's facts, information, assertions and representations
contained in that Application, and in any subsequent modifications or additions thereto
approved by Agency. The Application and any approved modifications and additions
thereto are hereby incorporated into this Agreement.
Contractor warrants that all information , facts, assertions and representations
contained in the Application and approved modifications and additions thereto are
true , correct , and complete to the best of Contractor's knowledge . In the event that
any part of the Application and any approved modification and addition thereto is
untrue, incorrect, incomplete, or mislead ing in such a manner that would substantially
affect Agency approval, disbursement, or monitoring of the funding and the grants or
activities governed by this Agreement, then Agency may declare a breach hereof and
take such action or pursue such remedies as are provided for breach hereof.
5. Reporting/Audits
A. The Contractor shall submit an annual report to Agency on forms provided by
Agency , by January 1, 2020 and January 1, 2021 . If the Contractor fails to provide
such documentation, Agency may disencumber any portion of the amount
authorized by this Agreement with a 14-day written notification. The Contractor
shall also submit a final report by September 30 , 2021 .
8 . The annual report shall contain a detailed report containing the following :
1 . Amounts awarded to subrecipients with activity(ies) identified .
2. Contract expenditures .
3 . Unduplicated number of homeless persons or persons at imminent risk of
homelessness served.
Homeless Emergency Aid Program
NOFA Date : 09/05/2018
Exhibit C
Page 10 of 17
Standard Agreement
EXHIBIT C
County of Fresno
18-HEAP-00027
Page 3 of 9
4 . Number of instances of service (defined in September 5, 2018 HEAP NOFA).
5 . Increases in capacity for new and existing programs .
6 . The number of unsheltered homeless persons becoming sheltered.
7 . The number of homeless persons entering permanent housing.
Breakdowns will be expected for each activity (i.e . services, capital improvements,
rental assistance, etc.) and program type (i.e. emergency shelter, rapid re-housing ,
outreach, etc .) for the supplemental reporting requirements listed above , when
applicable . The same information will also be requested specifically for the following
subpopulations, based on priorities defined by the U.S. Department of Housing and
Urban Development (HUD):
1. Chronically homeless
2 . Homeless veterans
3. Unaccompanied homeless youth
4 . Homeless persons in families with children
Counts by subpopulation will not be required in cases where that information is
unavailable, but it is expected in cases where client information is entered in a
Homeless Management Information System (HMIS). Additional breakdowns for other
subgroups (e .g . race, ethnicity , disability status, etc.) are optional , if the Contractor
chooses to include them .
The Contractor will also be asked to comment on the following :
1. Progress made toward local homelessness goals .
2 . The alignment between HEAP funding priorities and "Housing First" principles
adopted by the Homeless Coordinating and Financing Council.
3. Any other effects from HEAP funding that the CoC or large city would like to
share (optional).
C. Agency reserves the right to perform or cause to be performed a financial audit. At
Agency request, the Contractor shall provide, at its own expense, a financial audit
prepared by a certified public accountant. HEAP administrative funds may be used
to fund this expense.
1. If a financial audit is required by Agency, the audit shall be performed by an
independent certified public accountant.
2 . The Contractor shall notify Agency of the auditor's name and address
immediately after the selection has been made. The contract for the audit shall
allow access by Agency to the independent auditor's working papers .
3. The Contractor is responsible for the completion of audits and all costs of
preparing audits.
4 . If there are audit findings, the Contractor must submit a detailed response
acceptable to Agency for each audit finding within 90 days from the date of the
Homeless Emergency Aid Program
NOFA Date : 09/05/2018
Exhibit C
Page 11 of 17
audit finding report.
County of Fresno
18-HEAP-00027
Page 4 of 9
Standard Agreement
EXHIBITC
6 . Retention and Inspection of Records
A . The Contractor agrees that Agency or its designee shall have the right to review,
obtain, and copy all records and supporting documentation pertaining to
performance of this Agreement. The Contractor agrees to provide Agency or its
designee, with any relevant information requested. The Contractor agrees to
permit Agency or its designee access to its premises, upon reasonable notice,
during normal business hours for the purpose of interviewing employees who might
reasonably have information related to such records and inspecting and copying
such books, records, accounts, and other materials that may be relevant to a
matter under investigation for the purpose of determining compliance with the
Chapter 5 of Part 1 of Division 31 of the Health and Safety Code and all other
applicable requirements established under SB 850, HEAP program guidance
document published on the website, and this Agreement.
B. The Contractor further agrees to retain all records described in Paragraph A for a
minimum period of five (5) years after the termination of this Agreement.
1. If any litigation, claim, negotiation, audit, monitoring, inspection or other action
has been commenced before the expiration of the required record retention
period, all records must be retained until completion of the action and resolution
of all issues which arise from it.
7 . Breach and Remedies
A. The following shall each constitute a breach of this Agreement:
1. Contractor's failure to comply with the terms or conditions of this Agreement.
2 . Use of, or permitting the use of, HEAP funds provided under this Agreement
for any ineligible activities .
3. Any failure to comply with the deadlines set forth in this Agreement.
B. In addition to any other remedies that may be available to Agency in law or equity
for breach of this Agreement, Agency may:
1. Bar the Contractor from applying for future HEAP funds;
2. Revoke any other existing HEAP award(s) to the Contractor;
3. Require the return of any unexpended HEAP funds disbursed under this
Agreement;
4 . Require repayment of HEAP funds disbursed and expended under this
Agreement;
5. Require the immediate return to Agency of all funds derived from the use of
HEAP funds including, but not limited to recaptured funds and returned funds ;
Homeless Emergency Aid Program
NOFA Date : 09/05/2018
Exhibit C
Page 12 of 17
Standard Agreement
EXHIBIT C
County of Fresno
18-HEAP-00027
Page 5 of 9
6 . Seek , in a court of competent jurisdiction , an order for specific performance of
the defaulted obligation or the appointment of a receiver to complete the
technical assistance in accordance with HEAP requirements ; and
7 . Seek such other remedies as may be available under this Agreement or any
law.
C. All remedies available to Agency are cumulative and not exclusive.
D. Agency may give written notice to the Contractor to cure the breach or violation
within a period of not less than 15 days .
8 . Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or
subsequent breach . The failure of Agency to enforce at any time the provisions of this
Agreement , or to require at any time , performance by the Contractor of these
provisions , shall in no way be construed to be a waiver of such provisions nor to affect
the validity of this Agreement or the right of Agency to enforce these provisions .
9 . Nondiscrimination
During the performance of this Agreement, Contractor and its subcontractors shall not
unlawfully discriminate , harass, or allow harassment against any employee or
applicant for employment because of sex (gender), sexual orientation , gender identity ,
gender expression , race, color , ancestry, religion, creed, national origin (including
language use restriction), pregnancy , physical disability (including HIV and AIDS),
mental disability, medical condition (cancer/genetic characteristics), age (over 40),
genetic information , marital status , military and veteran status, and denial of medical
and family care leave or pregnancy disability leave. Contractors and subcontractors
shall ensure that the evaluation and treatment of their employees and applicants for
employment are free from such discrimination and harassment. Contractor or
subcontractors shall comply with the provisions of the Fair Employment and Housing
Act (Government Code section12990 (a-f) et seq .) and the applicable regulations
promulgated thereunder (California Code of Regulations , Title 2, section 7285 et seq.).
The applicable regulations of the Fair Employment and Housing Commiss ion
implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division
4 of Title 2 of the California Code of Regulations , are incorporated into this Agreement
by reference and made a part hereof as if set forth in full . Contractor and its
subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other agreement.
10 . Conflict of Interest
All participants are subject to State and Federal conflict of interest laws . Failure to
comply with these laws, including business and financial disclosure provisions, will
result in the application being rejected and any subsequent contract being declared
Homeless Emergency Aid Program
NOFA Date ; 09/05/2018
Exhibit C
Page 13 of 17
County of Fresno
18-HEAP-00027
Page 6 of 9
Standard Agreement
EXHIBIT C
void . Other legal action may also be taken . Applicable statutes include, but are not
limited to, Government Code section 1090 and Public Contract Code, sections 1041 O
and 10411 , for State conflict of interest requirements .
A. Current State Employees : No State officer or employee shall engage in any
employment, activity , or enterprise from which the officer or employee receives
compensation or has a financial interest, and which is sponsored or funded by any
State agency, unless the employment, activity , or enterprise is required as a
condition of regular State employment. No State officer or employee shall contract
on his or her own behalf as an independent contractor with any State agency to
provide goods or services.
B. Former State Employees: For the two-year period from the date he or she left State
employment, no former State officer or employee may enter into a contract in which
he or she engaged in any of the negotiations, transactions, planning ,
arrangements, or any part of the decision-making process relevant to the contract
while employed in any capacity by any State agency. For the twelve-month period
from the date he or she left State employment, no former State officer or employee
may enter into a contract with any State agency if he or she was employed by that
State agency in a policy-making position in the same general subject area as the
proposed contract within the twelve-month period prior to his or her leaving State
service .
C . Employees of the Contractor: Employees of the Contractor shall comply with all
applicable provisions of law pertaining to conflicts of interest, including but not
limited to any applicable conflict of interest provisions of the California Political
Reform Act, Government Code section 87100 et seq.
11 . Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Contractor, and its
subcontractors, hereby certify, under penalty of perjury under the laws of State of
California, compliance with the requirements of the Drug-Free Workplace Act of 1990
(Government Code 8350 et seq.) and have or will provide a drug-free workplace by
taking the following actions:
A . Publish a statement notifying employees and subcontractors that unlawful
manufacture, distribution, dispensation, possession , or use of a controlled
substance is prohibited and specifying actions to be taken against employees,
contractors, or subcontractors for violations, as required by Government Code
section 8355(a)(1 ).
B. Establish a Drug-Free Awareness Program, as required by Government Code
section 8355(a)(2) to inform employees, contractors, or subcontractors about all of
the following :
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Exhibit C
Page 14 of 17
Standard Agreement
EXHIBIT C
1. The dangers of drug abuse in the workplace;
2 . Contractor's policy of maintaining a drug-free workplace;
County of Fresno
18-HEAP-00027
Page 7 of 9
3. Any available counseling, rehabilitation, and employee assistance programs;
and,
4. Penalties that may be imposed upon employees, contractors, and
subcontractors for drug abuse violations.
C. Provide, as required by Government Code section 8355(a)(3), that every employee
and/or subcontractor who works under this Agreement:
1. Will receive a copy of Contractor's drug-free policy statement, and
2. Will agree to abide by terms of Contractor's condition of employment or
subcontract.
12. Child Support Compliance Act
For any Contract Agreement in excess of $100,000, the Contractor acknowledges in
accordance with Public Contract Code 7110, that:
A. The Contractor recognizes the importance of child and family support obligations
and shall fully comply with all applicable state and federal laws relating to child and
family support enforcement, including, but not limited to, disclosure of information
and compliance with earnings assignment orders, as provided in Chapter 8
(commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The Contractor, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
13. Special Conditions -Contractors/Subcontractor
The Contractor agrees to comply with all conditions of this Agreement including the
Special Conditions set forth in Exhibit D. These conditions shall be met to the
satisfaction of Agency prior to disbursement of funds . The Contractor shall ensure that
all Subcontractors are made aware of and agree to comply with all the conditions of
this Agreement and the applicable State requirements governing the use of HEAP
funds. Failure to comply with these conditions may result in termination of this
Agreement.
A. The Agreement between the Contractor and any Subcontractor shall require the
Contractor and its Subcontractors, if any, to :
1. Perform the work in accordance with Federal, State and Local housing and
building codes, as applicable.
2 . Maintain at least the minimum State-required worker's compensation for those
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Exhibit C
Page 15 of 17
County of Fresno
18-HEAP--00027
Page 8 of 9
Standard Agreement
EXHIBITC
employees who will perform the work or any part of it.
3. Maintain , as required by law, unemployment insurance, disability insurance,
and liability insurance in an amount that is reasonable to compensate any
person, firm or corporation who may be injured or damaged by the Contractor
or any Subcontractor in performing the Work or any part of it.
4 . Agree to include all the terms of this Agreement in each subcontract.
14. Compliance with State and Federal Laws, Rules, Guidelines and Regulations
The Contractor agrees to comply with all State and Federal laws, rules and regulations
that pertain to construction , health and safety, labor, fair employment practices ,
environmental protection, equal opportunity, fair housing, and all other matters
applicable and/or related to the HEAP program, the Contractor, its Subcontractors ,
and all eligible activities.
Contractor shall also be responsible for obtaining any and all permits , licenses, and
approvals required for performing any activities under this Agreement, including those
necessary to perform design, construction , or operation and maintenance of the
activities. Contractor shall be responsible for observing and complying with any
applicable federal , state, and local laws , rules or regulations affecting any such work,
specifically those including, but not limited to, environmental protection , procurement,
and safety laws, rules, regulations, and ordinances. Contractor shall provide copies of
permits and approvals to Agency upon request.
15. Inspections
A. Contractor shall inspect any work performed hereunder to ensure that the work is
being and has been performed in accordance with the applicable Federal , State
and/or local requirements, and this Agreement.
B. Agency reserves the right to inspect any work performed hereunder to ensure that
the work is being and has been performed in accordance with the applicable
Federal , State and/or local requirements , and this Agreement.
C. Contractor agrees to require that all work that is determined based on such
inspections not to conform to the applicable requirements be corrected and to
withhold payments to the subrecipient or Subcontractor until it is corrected.
16. Litigation
A. If any provision of this Agreement, or an underlying obligation , is held invalid by a
court of competent jurisdiction , such invalidity, at the sole discretion of Agency,
shall not affect any other provisions of this Agreement and the remainder of this
Agreement shall remain in full force and effect. Therefore, the provisions of this
Agreement are and shall be deemed severable .
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Exhibit C
Page 16 of 17
Standard Agreement
EXHIBIT C
County of Fresno
18-HEAP-00027
Page 9 of 9
8 . The Contractor shall notify Agency immediately of any claim or action undertaken
by or against it, which affects or may affect this Agreement or Agency, and shall
take such action with respect to the claim or action as is consistent with the terms
of this Agreement and the interests of Agency.
Homeless Emergency Aid Program
NOFA Date : 09/05/2018
Exhibit C
Page 17 of 17
·Standard Agreement
ExhlbltD
County of Fresno
18-HEAP-00027
Page 1.-of 1
SP~CIAL TE~M§ AND CONDITIONS
Homeless Emergency Aid Program (HEAP)
1. All proceeds from -.ar:iy interest-bearing account established by the Contractor for
the deposit of HEAP funds, along with any interest-bearing a~unts .opened by
Subrecipie~ to the Contracto_r for the deposit of HEAP funds, must .be use.d for
HEAP-eJigible actMties. Consistent with ·Health-and Safety Code Section 50214
(b), no more than frve (5) percent ,of these -proceeds m$y ·be uaed for general
administrative purposes.· At least-·five (5) -percent of these prooeeds mi.tSt be
allocated to estabiishing or expanding services for homeless youth, as definedJn
HEAP Program documents.
2. Any _ housing.,.related activities funded with HEAP funds, including but · not limited _
to, emEqency shelter,. rapid-rehousing, rental assistance; tra~itional-housing and
permanent supportive housing must be in compliance or otherwise · aligned with
the Core Compone~ of Housing First, pursuant to Welfare and Institution Code
Section 8255(b). _
3. The Co~actor agrees to provide -the Business, Consumer Services and Housing
Agency access to Homeless Management Information System ("HMlSj data
collected and entered into the Contractor's HMIS, upon request, a~ to participate
in any statewide -data initiative as :directed by BCSH including but not limited to, a
statewide data -integration environment.
4. Pursuant to the :informatian provided in the Contractor's application, the following
jurisdictions have declared · and have In effect a shelter crisis in . accordance with
Government Code S~ion 8698.2 at the time of this award, and are eligible to
receive HEAP I d th h th C tr ct -_un S:. rou~ e on a or:
Citv. of Coalinaa Citv:of Madera . :Madera Countv
·Ci_ty of Fresno City of Parlier Fresno County
· City of Huron City of Sanger
• • I •
The following jurisdictions have · not declared a shelter crisis at the time of this
award and are not eligible -to directly receive HEAP funds throuah . the Contractor:
City of Clovis
City of-Chowchilla
City of Firebaugh
•city of Fowler
Homeless Emergency Aid Program
NOFA Date: 09/051201 B
City of -Kennan City of Reedley
City of Klng9burg City of San Joaquin
City of Orange Cove City of Selma
Contracto(~ In~
Exhibit D
Page 1 of 25
Agreement No. 20-'196
STATE OF CALIFORNIA· OEPARTMENTOF GENERAL SERVICES ,---------------,,---------------.
PURCHASING AUTHOA.ITY NUMSER (lfAppllcabl~J STANDARD AGREEMENT
STD .213 (Rev, 03/2019)
AGREEMENT NUMBER
20-HHAP-00096
1. This Agreement Is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Business, Consumer Services, and Housing Agency
CONTRACTOR NAMJ;
County of Fresno
2. The term ofthls Agreement Is:
START DATE
Upon BCSH Approval
THROUGH END DATE
06/30/2025
3. The ma>dm1,1m amount of this Agreement Is:
$2,325,640.36
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.
Exhibits Title
Exhibit A Scope of Work
ExhlbltB Budget Detail and Payment Provisions
Exhibit C Homeless Coordinating and Financing Councll Terms and Conditions
+ ExhlbltD Special Terms and Conditions .--·
~
+ ExhlbitE* General Terms and Conditions -.
Items snawn w1trr an asterisr< ("J, are nereoy Incorporated t,yrererence anamacte portottnis agreement as it attached hereto.
These documents can be viewed at{1ttps:/lwww.dqs,ca.gov/OlSIResour,es . .
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERE'f'O.
CONTRACTOR
C0NTRAOOR NAME (1fother Iha h an lndlvldual, state whether a corporation, partnership, etc.)
County ofFresno
-----------ATTEST:
CONTRACTOR BUSINESS ADDRESS BERNICE E. SEIDEL
PO Box 24055 Clerk of the Board of Supervisors
------------·countY. of Fresno State California
PRINTED NAME OF PERSON SIGNING
Ernest Buddy Mendes
C0NTRAct0R AUTHORIZED SIGNATURE
CITY
Fresno
Til"LE
Chairman, Board of Supervisors
DATE SIGNED
Pages
1·6
7-11
12·21
22
23
ZIP
93612
Pagel of 2
Exhibit D
Page 2 of 25
STATE OF CALIFORNIA· DEPARTMENT OF GENERAL SERVICES .-----------...-------------~
STANDARD AGREEMENT
STD 213 (Rev. 03/2019)
CONTRACTING AGENCY NAME
Business, Consumer Services, and Housing Agency
CONTRACTINGAGENcY ADDRESS
915 Capitol Mall, Suite 350A
PRINTED NAME OF PERSON SIGNING
Lourdes Castro Ramfrez
CALIFORNIA DEPARTMENT .
AGREEMENT NUMBER
. 20-HHAP~00096
STATE OF CALIFORNIA
PURCHASING AUTHORITY NUMBER Of Applicable)
CITY
Sacramen t o
mtE
Secretary
DATESIGN D
~ ''( ?-()?o
EXEMPTION Of Appllcable)
STATE ZIP
CA 95~14
Paae2of2
Exhibit D
Page 3 of 25
1. Authority
Homeless Housing, Assistance and Prevention
standard Agreement
EXHIBIT A
SCOPE OF WORK
County of Fresno
20-HHAP-00096
Page 1 of 23
The State of California has established the Homeless Housing, Assistance, and
Prevention Program C'HHAP" or "Program" or "grant") pursuant to Chapter 6
(commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety
Code. (Added by Stats.2019, c. 159 (A.B. 101), § 10 1 eff. July 31, 2019.)
The Program is administered by the California Homeless Coordinating and Financing
Council ("Council") in the Busfness, Consumer Services and Housing Agency
('
1Agency"). HHAP provides one-time flexible block grant funds to continuums of care,
large cities (population of 300,000+) and counties as defined in the December 6, 2019
HHAP Notice of Funding Availabillty (''NOFA';) to support regional coordination and
expand or develop local capacity to address Immediate homelessness challenges
informed by a best~practices framework focused on moving homeless individuals and
families into p·ermanent housing and supporting the efforts of those individuals and
families to maintain their permanent housing.
This Standard Agreement along with all its exhibits ("Agreement") is entered into by
the Agency and a continuum of care, a city, or a county ("Grantee") under the authority
of, and in furtherance of the purpose of, the Program. In signing this Agreement and
thereby accepting this award of funds, the Grantee agrees to comply with the terms
and cohditit>ns of th~ Agreemefrtt~ the NOFA under which the Grantee applied; the
representations contained in the Grantee's application, and the requirements of the
authority cited above.
2. Purpose
The general purpose of the Program is to provide one-time block grant fundin .g to
support regional coordination, and to expand or develop local capacity to address
immediate homelessness challenges. Activities will be informed by a best-practices
framework focused on moving homeless individuals and families into permanent
housing and supporting the efforts ofthose indivfduals and families to maintain their
permanent housing. In accordance with the authority cited above, an application was
created and submitted by the Grantee for H HAP funds to be allocated for eligible uses
as stated in Health and Safety Code section 50219, subdivision (c)(1)-(8).
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6; 2019
Exhibit D
Page 4 of 25
3. Definitions
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORK
County of Fresno
20-HHAP-00096
Page.2 of 23
The following HHAP program terms are defined in accordance with Health and
Safety Code section 50216, subdivisions (a) -(q):
(a) "Agency" means the Business, Consumer Services and Housing Agency.
(b) "Applicant" means a continuum of care, city, or county .
(c) "City" means a city or city and county that Is legally incorporated to provide local
government services to its population. A city can be organized either under the general
laws of this state or under a charter adopted by the local voters.
(d) "Continuum of care" means the same as defined by the United States Department
of Housing and Urban Development at Sectlon 578 .3 of Title 24 of the Code of Federal
Regulations.
(e) "Coordinated Entry System" means a centralized or coordinated process
developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations,
as that section read on January 10, 2019, designed to coordinate homelessness
program participant intake, assessment, and provision of referrals. In order to satisfy
this subdivision, a· centrslized ·or coordinated· assessment system· shall cover the
geographic area, be easily accessed by individuals and families seeking housing or
services, be well advertised, and include a comprehensive and standardized
assessment tool.
(f) "Council" means the Homeless Coordinating and Financing Council created
pursuant to Section 8257 of the Welfare and Institutions Code.
(g) "Emergency shelter" has the same meaning as defined in subdivision (e) of Seetlon
50801.
{h) "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the
Code of Federal Regulations, as that section read on January 101 2019.
(i) "Homeless Management Information System" means the information system
designated by a continuum of care to comply with federal reporting requirements as
defined in Section 578 .3 of Title 24 of the Code of Federal Regulations. The term
"Homeless Management Information System" also Includes the use of a comparable
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit D
Page 5 of 25
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORK
County of Fresno
20-HHAP-00096
Page 3 of 23
databa$e by a victim services provider or legal services provider that is permitted by
the federal government under Part 576 of Title 24 of the Code of Federal Regulations.
u) 11Homeless point-in-time count11 means the 2019 homeless point-in-time count
pursuant1o Section 578.3 of Title 24 of the Code of Federal Regulations. Ajurisdictfon
may elect to instead use their 2017 poi-nt-in-time count if they can demonstrate that a
significant methodology change occurred between the 2017 and 2019 point-in-time
counts that was based on an attempt to more closely align the count with HUD best
practices and undertaken in consultation with HUD representatives. A jurisdiction shall
submit documentation of this to the agency by the date by which HU D's certification
of the 2019 homeless point-in-time count is finalized. The agency shall review and
approve or deny a request described in the previous sentence along with a
jurisdiction's application for homeless funding.
(k) J'Homeless youth" means an unaccompanied youth between 12 and 24 years of
age, inclusive, who is experiencing homelessness, as defined in subsection (2) of
Section 725 of the federal McKinney~Vento Homeless Assistance Act (42 U.S.C; Sec;
11434a(2)). "Homeless youthu includes unaccompanied youth who are pregnant or
parenting.
(I) 11Housing Firsf' has the same meaning as in Section 8255 of the Welfare and
· Institutions Code; ihch.1dii1g alloftlie cole components-listed therein.
(m) "Jurisdiction" means a city, city that is also a county, county, or continuum ofcare,
as defined in this section.
(m) "Jurisdiction" means a city, city that is also a county, county, or continuum of care,
as defined in this section.
(n) "Navigation center" means a Housing First, low-barrier, service-enriched shelter
focused on moving homeless individuals and families into permanent housing that
provides temporary living facilities while case managers connect individuals
experiencing homelessness to income, public benefits, health services, shelter, and
houslng.
(o) "Program" means the Homeless Housing, Assistance, and Prevention program
established pursuant to this chapter.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit D
Page 6 of 25
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORK
County of Fresno
20-HHAP-00096
Page4 of 23
(p) "Program allocation'' means the portion of program funds avallable to expand or
develop local capacity to address immediate homelessness challenges , In th.e amount
of six hundred fifty million dollars ($650 ,000,000).
(q) "Recipient11 means a jurisdiction that receives funds from the agency for the
purposes of the program.
Additional definitions for the purposes of the HHAP program:
"Obligate" means that the Grantee has placed orders , awarded contracts ; received
services, or entered into similar transactions that require payment using HHAP
funding . Grantees, and the subreclpients who receive awards from those Grantees ,
must obligate the funds by the statutory deadlines set forth in this Exhibit A.
"Expended" means all HHAP funds obligated under contract or subcontract have been
futry paid and rece ipted, and no invoices remain outstanding. In the case of an award
made through subcontracting, subcontractors are required to obligate the funds by the
same statutory deadlines.
11Grantee" means the continuum of care, city, or county that has entered into contract
with the Business, Consumer Services and Housing Agency and i s receiving HHAP
· · ·-tu-··· ···a, • · · · ·· ··-· -· · · · -· · -· n .mg.
4. Scope of Work
The Scope of Work ("Work") for this Agreement shall include uses that are consistent
with Health and Safety Code section 50219, subdivision (c)(1) -(8), and any other
applicable laws. Eligible uses include the following:
A. Rental assistance and rapid rehousing.
B. Operating subsidies in new and existing affordable or supportive housing units,
emergency shelters, and navigation centers . Operating subsid res may include
operating reserves.
C. Incentives to landlords, Including, but not limited to, security deposits and holding
fees. .
D. Outreach and coordination, wh ich may include access to job programs, to assist
vulnerable populations i n accessing permanent housing and to promote housing
stability in supportive housing .
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 201 e
Exhibit D
Page 7 of 25
County of Fresno
20~HHAP~00096
Page 5 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORK
E. Systems support for activities necessary to create regional partnerships and
maintain a homeless services and housing delivery system, particularly for
vulnerable populations lncluding families and homeless youth.
F. Delivery of permanent housing and innovative housing solutions such as hotel and
motel conversions.
G. Prevention and shelter diversion to permanent housing.
H. New navigation centers and emergency shelters based on demonstrated need.
Demonstrated need for purposes ofthis paragraph shall be based on the following:
t The number of available shelter beds in the city 1 county, or region served by
a continuum of care.
ii. Shelter vacancy rate in the summer and winter months.
iii. Percentage of exits from emergency shelters to permanent housing solutions.
Iv. A plan to connect residents to permanent housing.
5. Agency Contract Coordinator
The Agency's Contract Coordinator for this Agreement Is the Council's HHAP Grant
Manager or the Grant Manager1s designee. Unless otherwise instructed, any notice,
report, or other communication requiring an original Grantee signature for this
Agreement shall be mailed to the Agency Contract Coordinator. If there are
opportunities to send information electronically, Grantee will be notified via email by
·· ·· theRHAP GrahtManageforthe G'tant Mii'ht1ger's design~e. · -· ----
The Representatives during the term of this Agreement will be:
PROGRAM
ENTITY: Business Consumer Services and
Housing Agency
SECTION/UNIT: Homeless Coordinating and Financing
Council (HCFC)
915 Capitol Mall Suite 350-A ADDRESS: Sacramento, CA 96814
CONTRACT MANAGER Amb er Ostrander
PHONE NUMBER: 916-661 -7995
E:MAIL ADDRESS: Amber.Ostrander@bcsh.ca.gov
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
GRANTEE
County of
Fresno
PO aox24055
Fresno, California 93612
Laura Moreno
Program Manager
559-600~2335
lhaga@ftesnocountyca.gov
Exhibit D
Page 8 of 25
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORK
County of Fresno
20-H HAP--00096
Page 6 of 23
All requests to update the Grantee information listed within this Agreement shall be
emailed to the Homeless Coordinating and Finanoing Council's general email box at
hcfc@bcsh.ca.gov. The Council reserves the right to change their representative
and/or contact information at any time with notice to the Grantee.
6. Effective Date, Term of Agreement. and Deadlines
A This Agreement is effective upon approval by the Agency (indicated by the
signature provided by Agency in the lower left section of page one, Standard
Agreement, STD. 213), when signed by all parties.
B. Contractual Obligation:
• Grantees that are counties must contractually obligate 100 percent of their full
program allocations on or before May 31, 2023.
• Grantees that are cities or contlnuums of care must contractually obligate no
less than 50 percent of program allocations an or before May 3t, 2023.
Cities or continuums of care that contractually obligate less than 50 percent or program
allocations after May 31, 2023 are subject to an alternative disbursement plan as required
under (Health & Safety Code,§ 50220, subdivision (a)(4)(B}.
c. Full Expenditure 6fHHAP GranfFunds ...
• All HHAP grantfunds (100 .percent) must be expended by June 30, 2025. Any
funds not expended by that date shall revert to the General Fund. (Health &
Safety Gode,§ 50220, subdivision (e).)
7. Special Conditions
Agency reserves the right to add any special conditions to this Agreemeht it deems
necessary to ensure that the goals of the Program are achieved.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit D
Page 9 of 25
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Budget Detail & Changes
County of Fresno ·
20~HHAP~00096
Page 7 of 23
The Grantee agrees that HHAP funds shall be expended on uses that support regional
coordination and expand or deveiop local capacity to address immediate
homelessness challenges. Such activities must be informed by a best-practices
framework focused on moving· homeless individuals and families into permanent
housing and supporting the efforts of those individuals and families to maintain their
permanent housing.
The Grantee shall expend HHAP funds on elfglble activities as detailed in the annual
budget submitted with the Grantee's approved application. The Grantee shall submit
an updated budget with the annual report that revises and reports all actual and
projected expenditures of HHAP funds.
Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures
without prior approval by the Agency so long as the total expenditures (actual and
projected) for each eligible use category remain the same as described In the budget
approved with the Grantee's application. Any decrease or increase to the total
expenditures for any eligible use category must otherwise be approved by the
Council's HHAP Grant Manager or his/her designee, in writing, before the Grantee
may expend HHAP funds according to an alternative budget. The HHAP Grant
·· ··· · ··· Manager will respofid:to Grantee with approval or aet1ial of teCiUest. FEil/ure tn obtain
written approval from the Grant Manager or his/her designee as required by this
section may be considered a breach of this Agreement.
2. General Condition$ Prior to Disbursement
All Grantees must submit the following forms prior to HHAP funds being released:
A. Request for Funds Form (RFF)
B. STD 213 Standard Agreement - 2 original copies of the signed STD 213
form and initialed Exhibits A through E.
C; Data Use Agreement (continuums of care and counties that accepted
redirected funding from a continuum of care• see Exhibit D for relevant
Special Terms and Conditions)
Homeless Housing 1 Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit D
Page 10 of 25
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT B
BUDGl:T DETAIL AND PAYMENT PROVISIONS
3. Disbursementof Funds
County of Fresno
20-HHAP-00096
Page 8 of 23
HHAP funds will be disbursed to the Grantee upon receipt, review and approval of the
completed Standard Agreement and RFF by Ag.ency, the Department of General
Services (DGS) and the State Controller's Office (SCO). Onoe Agency receives ;
reviews; and signs off on the completed documents, the documents will be sent to
DGS for review. Once DGS review is completed, documents will be forwarded to SCO
for final review and fund disbursement. The RFF must include the proposed eligible
uses and the amount of funds proposed for expenditure under each eligible use.
HHAP funds will be disbursed in a single allocation via mailed check once the RFF
has been received by the SCO. Checks will be mailed to the address and contact
name listed on the RFF.
4. Expenditure of Funds.
Specific requirements and deadlines for contractually obligating and expending
awarded funds are set forth in the Homeless Housing, Assistance, and Prevention
Program statutes. Health and Safety Code sections 50218, 50219, and 50220
mandate the foll.owing:
A. Up to 5 percent of the HHAP allocation may be expended for the following uses
thafarelntended to meetfederal · requirements few l'fousttig· funding :
(1) Strategic homelessness plan, as defined in section 578.?(c) of Title 24 of
the Code of Federal Regulations; and/or
(2) Infrastructure development to support coordinated entry systems and
Homeless Management Information Systems.
B. No more than 7 percent of the HHAP allocation may be used for
administrative costs incurred by the Grantee.
C. At least 8 percent of the HHAP allocation shall be used to establish or expand
services for homeless youth populations.
D. Grantees that are cities or continuums of care shall contractually obligate no
less than 50 percent of HHAP funds by May 31, 2023. If less than 50 percent
is obligated after May 31, 2023 , continuums of care and cities shall not expend
any remaining portion of the 50 percent of program allocations required to have
been obligated unless and until both of the following occur:
Homeless Housing, Assi1:1tanoe and Prevention Program
NOFA Date: December 6, 2019
Exhibit D
Page 11 of 25
Homeless Housing, Assistance and Prevention ·
Standard Agreement
EXHIBIT B
BUDGET DETAIL AND PAYM.ENT PROVISIONS
County of Fresno
20-HHAP~00096
Page 9 of 23
(1) On or before June 30, 2023, the Grantee submits an alternative
disbursement plan to Agency that includes an explanation for the delay
and a plan to fully expend these funds by December 31, 2023,
(2) Agency approves the alternative disbursement plan.
If the funds identified In the approved alternative disbursement plan are not
fully expended by December 31, 2023, the funds shall be returned to
Agency.
E. Grantees that are counties shall contractually obligate the full allocation (100
percent) awarded to them by May 31, 2023. Any funds that are not
contractually obligated by this date shall be reverted to the continuum of
care that serves the county. Specific to Los Angeles County, funds that are not
contractually obligated by this date shall be divided proportionately using the
HHAP funding allocation formula among the four CoC's that serve Los
Angeles County: City of Glendale CoC, City of Pasadena CoC; the City of
Long Beach Coe, and the Los Angeles Homeless Services Authority.
Counties not obligating their full program allocation by May 31, 2023 are
required to notify Agency on or before that date1 of the name of the CoC(s) in
which the county is served, and the amount of program funds that will be
revertea ·tothe CoC(sJ: ey:JUrfofS0,:202s,the county shallprovideA,tenaYWith ·······
evidence that the funds were transferred and submit an updated budget that
clearly identifies the funds that were transferred.
F. AU HHAP funds shall be expended by June 301 2025.
G. Any funds not expended by June 30, 2025 shall revert to the General Fund.
5. Reimbursement
HHAP program funds should not generally be obligated or expended prior to the
effective date of this Agreement. However, Agency acknowledges that there may be
circumstances that would require reimbursement in order to prevent or address
homelessness in a given jurisdiction . When considering a reimbursement, the
following requrrements are applicable:
A. Reimbursement is not permitted for activities occurring prior to July 1, 2019.
Homeless Housing, Assistance and Prevention Program
NOFA Date : December 6, 2019
Exhibit D
Page 12 of 25
-,
;
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBITS
BUDGET DETAIL AND PAYMENT PROVISIONS
County of Fresno
20-HHAP-00096
Page 10 of 23
B. Reimbursement shall not supplant existing local funds for homeless housing,
assistance, or prevention.
C. Approval from HCFC must be obtained prior to obtaining reimbursement.
D. Capital improvement projects pertaining to emergency shelters and navigation
centers are still required to demonstrate need. Eligible applicants are required_
to submit the following 1nformation for HCFC to review and approve or deny
such projects:
(1) The number of available shelter beds in the Jurisdiction;
(2) The shelter vacancy rate in the summer and winter months;
(3) The percentage of exits from emergency shelters to permanent housing
solutions; and ·
(4) A plan to connect residents to permanent housing.
6. lneligibJe Costs
HHAP funds shall not be used for costs .associated with activities in violation of any
law or for any activities not consistent with the intent of the Program and the eligible
uses identified in Health and Safety Code sections 50218 and 50219.
Agency reserves the right to request additional clarlfylng information to determine the
reasonableness and eligibility of all uses of the funds made available by this
Agreement. If the Grantee or its funded subrecipients use HHAP funds to pay
for ineligible activities, the Grantee shall be required to reimburse these funds
to Agency.
An expenditure which is not authorized by this Agreement, or by written approval of
the Grant Manager or his/her designee, or which cannot be adequately documented,
shall be disallowed and must be reimbursed to Agency by the Grantee.
Agency, at its sole and absolute discretion; shall make the final determination
regarding the allowability of HHAP fund expenditures.
Program funds shall not be used to supplant existing local funds for homeless
housing, assistance, or prevention .
Homeless Housing ; Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit D
Page 13 of 25
Homeless Housing, Assistance and Prevention
Standard Agreement
7. Administrative Costs
·county of Fresno
20-HHAP-00096
Page 11 of 23
The Grantee must comply with Health and Safety Code section 50219; subdivision
(e), which limits the Grantee's administrative costs to no more than 7 percent of total
HHAP funds received. For purposes of thls requirement, "administrative costs'1 does
not include staff or other costs directly related to Implementing activities funded by the
Program allocation. ··
Homeless Housing, Assistance and Prevention Program
NOFA Pate: December 6, 2019
Exhibit D
Page 14 of 25
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBITC
County of Fresno
20MHHAP-00096
Page 12 of23
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
1. Termination and Sufficiency.of Funds
A. Termination of Agreement
Agency may terminate th.is Agreement at any time for cause by giving a minimum
of 14 d,ays' notice of termination, in writing, to the Grantee. Cause shan consist
of violations of any conditions of this Agreement, any breach of contract as described
in paragragh 6 of thls Exhibit C; violation of any federal or state laws; or withdrawal of
Agency's expenditure authority. Upon termination of this Agreement, unless
otherwise approved in writing by Agency, any unexpended funds received by the
Grantee shall be returned to Agency within 30 days of Agency's notice of termination.
B. Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made available to
Agency by legislative appropriation. In addition, this Agreement is subject to any
additional restrictlons, limitations or conditions, or statutes, regulations or any other
laws, whether federal or those of the State of California, or of any agency I department,
or any political subdivision of the federal or State of California governments, which
may affect the provisions, terms or funding of this Agreement in any manner.
2. Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other means,
the tights, duties, or performance of this Agreement or any part thereof, except with
the prior written approval of Agency and a formal amendment to this Agreement to
affect such subcontract or novatlon.
3. Grantee's Application for Funds
Grantee has submitted to Agency an application for HHAP funds to support regional
coordination and expand or develop local capacity to address its immediate
homelessness challenges. Agency is entering into this Agreement on the basis of1 and
in substantial reliance upon, Grantee's facts, information, assertions and
representations contained in that application, and in any subsequent modifications or
additions thereto approved by Agency . The application and any approved
modifications and-additions thereto are hereby incorporated into this Agreement.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit D
Page 15 of 25
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT C
County of Fresno
20-HHAP-00096
Page 13 of 23
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
Grantee warrants that all Information, facts, assertions and representations contained
in the application and approved modifications and additions thereto are true, correct,
and complete to the best of Grantee's knowledge. In the event that any part of the
application and any approved modification and addition thereto is untrue) lncorrect,
incomplete, or misleading in such a manner that would substantially affect Agency
approval, disbursement, or monitoring of the funding and the grants or activities
governed by this Agreement, then Agency may declare a breach of this Agreement
and take such action or pursue such remedies as are legally available.
4. Reporting/Audits
A. Annual Report Deadlines
By January 1, 2021, and annually on that date thereafter until all funds have been
expended, the Grantee shall submit an annual report to Agency in a format provided
by Agency. If the Grantee fails to provide such documentation, Agency may recapture
any portion of the amount authorized by this Agreement with a 14-day written
notification. No later than January 1, 2026, the Grantee shall submit a final report, in
a format provided by Agency, as well as a detailed explanatlon of all uses of the
Program funds .
. . .... ·e·· ·----"" -----.. rt··.. . .... -R· .. ... .. .... __ .. -., . --.-""' ---. n.epo mg · equIremen"'
The annual report shall contain detailed information in accordance with Health and
Safety Code section 50221, subdMslon (a). This information includes the following, as
well as any additional information deemed appropriate or necessary by Agency;
1. An ongoing tracking of the specific uses and expenditures of any Program
funds broken out by eligible uses listed, including the current status of those
funds.
2. The number of homeless individuals served by the Program funds in that yearr
and a total number served in all years of the Program, as well as the homeless
populations served.
3. The types of housing assistance providedj broken out by the number of
individuals.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
!
I
i
l
1
I
I
I
Exhibit D
Page 16 of 25
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT C
County of Fresno
20-HHAP-00096
Page 14 of23
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDrTIONS ,
4. Outcome data for an individual served through Program funds, including the
type of housing that an individual exited to, the percent ofsuccessful housing
exits, and exit types for unsuccessful housing exits .
In addition to the annual reports, Agency requires the Grantee to submit quarterly
expenditure reports due no later than 30 days following the end of each fiscal quarter.
Grantee shall submit a report to the agency on a form and method provide by the
agency, that includes the ongoing tracking of the specific uses and expenditures of
any program funds broken out by eligible U$es listed, including the current status of
those funds, as well as any additional information the agency deems appropriate or
necessary.
Agency may require additional supplemental reporting with written notice to the
Grantee.
C. Auditing
Agency reserves the right to perform or cause to be performed a financial audit. At
Agency request, the Grantee shall provide, at its own expense, a financial audit
prepared by a certified public accountant. HHAP administrative funds may be used
to fund this exp_ense.
1. If a financial audit is required by Agency, the audit shall be performed by an
independent certified public accountant.
2. The Grantee shall notify Agency of the auditor's name and address immediately
after the selection has been made. The contract for the audit shall allow access
by Agency to the independent auditor's working papers.
3. The Grantee is responsible for the completion of audits and all costs of
preparrng audits ,
4. If there are audit findings, the Grantee must submit a detailed response
acceptable toAgency·for each audit finding within 90 days from the date of the
auditfinding report.
5. Inspection and Retention of Records
A. Record Inspection
The Grantee agrees that Agency or its designee shall have the right to review, obtain,
and copy all records and supporting documentation pertaining to performance under
this Agreement The Grantee agrees to provide Agency, or its designee, with any
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit D
Page 17 of 25
Homeless Housing, Assistance and Prevention
Stahdard Agreement
EXHIBITC
County of Fresno
20MHHAP-00096
Page 15 of 23
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
relevant information requested. The Grantee agrees to give Agency or its designee
access to its premises, upon reasonable notice and during normal business hours, for
the purpose of interviewing employees who might reasonably have information
related to such records, and of inspecting and copying such books, records, accounts,
and other materials that may be relevant to an investigation of compliance with the
Homeless Housing, Assistance, and Prevention Program laws, the HHAP program
guidance document published on the website, and this Agreement.
B. Record Retention
The Grantee further agrees to retain all records described in subparagraph A for
a minimum period of five (5) years after the termination of this Agreement.
If any litigation, claim, negotiation, audlti monitoring, inspection or other action has
been commenced before the expiration of the required record retention period, an
records must be retained until completion of the action and resolution of all issues
which arise from it.
6. Breach and Remedies
A. Breach of Agreement
Breach"OflhisAgreemerifinch.1des, bufis riotlimitedto, the following events:
1. Grantee's failure to comply with the terms or conditions of this Agreement.
2. Use of, or permitting the use of, HHAP funds provided under this Agreement
for any ineligible activities.
3. Any failure to comply with the deadlines set forth in thfs Agreement.
B. Remedies for Breach of Agreement
In addition to any other remedies that may be available to Agency in law or equity for
breach of this Agreement, Agency may:
1. Bar the Grantee from applying for future HHAP funds;
2. Revoke any other existing HHAP award(s) to the Grantee;
3. Require the return of any unexpended HHAP funds disbursed under this
Agreement;
4. Require repayment of HHAP funds disbursed and expended under this
Agreement;
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit D
Page 18 of 25
Homeless Housing, Ass,istance and Prevention
Standard Agreement
EXHIBIT C
County of Fresno
20-HHAP-00096
Page 16 of23
HOMELESS COORDINATl'NGAND FINANCING COUNCIL TERMS ANO
CONDITIONS
5. Require the immediate return to Agency of all funds derived from the use of
HHAP funds including, but not limited to, recaptured funds and returned
funds; and
6. Seek, in a court of competent jurisdiction, an order for spectfic performance of
the defaulted obligation or the appointment of a receiver to complete the
technical assistance in accordance with HHAP requirements.
C. All remedies available to Agency are cumulative and not exclusive.
D. Agency may give written notice to the Grantee to cure the breach or violation within
a period of not less than 15 days.
7. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or
subsequent breach. The failure of Agency to enforce at any time the provisions of this
Agreement, or to require at any time, performance by the Grantee of these provisions,
shall in no way be construed to be a waiver of such provisions nor to affect the validity
of this Agreement or the right of Agency to enforce these provisions.
·· ·· ·· 8. Nondiscrimlnation .
During the performance of this Agreement, Grantee and its subreclp ients shall not
unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex (gender), sexual orientation, gender identity,
gender expression, race, color, ancestry, religion, creed, national origin (including
language use restriction), pregnancy, physical disability (including HIV and AIDS),
mental disability, medical condition (cancer/genetic characteristics), age (over 40),
genetic information, marital status, miHtary and veteran status, and denial of medical
and family care leave or pregnancy disability leave . Grantees and subGrantees shall
ensure that the evaluati.on and treatment of their employees and applicants for
employment are free from such discrimination and harassment. Grantee and its
subrecipients shall comply with the provisions of California's laws against
discriminatory practices relating to specific groups: the California Fair Employment
and Housing Act (FEHA) (Gov. Code, § 12900 et seq.J; the regulations promulgated
thereunder (Cal. Code Regs,, tit. 2, § 11000 et seq.); and the provisions of Article 9.5,
Chapter 1, Part 11 Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135
-11139.5). Grantee and its subrecipients shall give written notice of their obligations
Homeless Housing , Assistance and Prevention Program
NOFA Date : December 6, 2019
Exhibit D
Page 19 of 25
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT C
County of Fresno
2O-HHAP-OO096
Page 17 of 23
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS ANO
CONDITIONS .
under this clause to labor organizations with which they have a collective bargaining
or other agreement.
9. Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. For instance,
Health arid Safety Code section 50219, subdivision (h) states, "For purposes of
Section 1090 of the Government Code, a representative of a county serving on a
board, committee, or body with the primary purpose of administering funds or making
funding recommendations for applications pursuant to this chapter shall have no
financ1al interest In any contract, program, or project voted on by the board,
committee, or body on the basis of the receipt of compensation for holding public office
or public employment as a representative of the county."
Failure to comply with these laws, including business and financial disclosure
provlsions, will result in the application being rejected and any subsequent contract
being declared void. Other legal action may also be taken. Additional applicable
statutes include, but are not limited to, Government Code section 1.090 and Public
Contract Code sections '10410 and 10411.
······· A; Current Stale--Etnprtrye-ss: No Stater offlter or employee ·shall en·gage rh any-
employment. activity! or enterprise from which the officer or employee receives
compensation or has a financial interest, and which is sponsored or funded by any
State agency, unless the employment) activity, or enterprise is required as a condition
of regular State employment. No State officer or employee shall contract on his or her
own behalf as an independent Grantee with any State agency to provide goods or
services.
B. Former State Employees: For the two--yearperiod from the date he or she left State
employment, no former State officer or employee may enter into a contract in which
he or she engaged in any of the negotiations, transactions, planning, arrangements,
or any part of the decision-making process relevant to the contract while employed in
any capacity by any State agency. For the twelve-month period from the date he or
she left State employment, no former State officer or employee may enter Into a
contract with any State agency if he or she was employed by that State agency in a
policy-making position in the same general subject area as the proposed contract
within the twelve--month period prior to his or her leaving Sta.te service.
C.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit D
Page 20 of 25
Homeless Ho·using, Assistance and Prevention
Standard Agreement
EXHIBITC
County of Fresno
20-HHAP-00096
Page 18 of 23
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
C. Employees of the Grantee: Employees of the Grantee shall comply with all
applicable provisions of law pertaining to conflicts of interest, including but not limited
to any applicable oonfHct of interest provisions of the a Political Refbrm Act of 1974
(Gov. Code,§ 81000 et seq.). ·
D. Representatives of a County: A representative of. a county serving on a board,
committee, or body with the primary purpose of administering funds or making funding
recommendations for applications pursuant to this chapter shall have no financial
E. interest in any contract, program, or project voted on by the board, committee, or
body on the basis of the receipt of compensation for holding public office or public
employment as a representative of the county.
1 o. Drug'."Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies,
under penalty of perjury under the laws of State of California, that it and its
subrecipients will comply with the requirements of the Drug-Free Workplace Act of
1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by
taking the following actions:
A. Publish a statement hotifying employees and subrecipients that unlawful
manufacture distribution, dispensation, possession, or use of a controlled substance
is prohibited and specifying actions to be taken against employees, Grantees, or
subreoipients for violations, as required by Government Code section 8355,
subdivision (a)(1 ).
B. Establish a Drug-Free Awareness Program, as requited by Government Code
section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients
about all of the following:
1. The dangers of drug abuse in the workplace;
2. · Grantee's policy of maintaining a drug-free workplace;
3. Any available counseling, rehabilitation, and employee assistance program;
and
4. Penalties that may be imposed upon employees, Grantees , and subrecipients
for drug abuse violations.
Homeless Housing , Assistance and Prevention Program
NOFA Date: December S, 2019
Exhibit D
Page 21 of 25
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBITC
County of Fresno
20-HHAP-00096
Page 19 of 23
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
C. Provide, as required by Government Code section 8355, subdivision (a)(3), that
every employee and/or subrecipient that works under this Agreement:
1. Will receive a copy of Grantee's drug-free policy statement, and
2. Will agree to abide by terms of Grantee's condition of employment or
subcontract.
11. Child Support Compliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in
accordance with Public Contract Code 7110, that:
A. The Grantee reco,gnizes the importance of child and family support obligations and
shall fully comply with all applicable state and federal raws relating to child and family
support enforcement, including, but not limited to, disclosure of information and
compliance with earnings assignment orders, as provided in Chapter 8 (commencing
with section 5200) of Part 5 of Division 9 of the F'amily Code; and
B. The Grant$e, to the best of its knowledge is furry complying with the earnings
assignment orders of all employees and is providing the names of all new employees
··· · · ····· · fo · the New Hire Registry maintained by· the California Employment · Development ·
. Department.
12. Special Conditions -Grantees/SubGrantee
The Grantee agrees to comply with all conditions of this Agreement including the
Special Conditions set forth in Exhibit D. These conditions shall be met to the
satisfaction of Agency prior to disbursement of funds. The Grantee shall ensure that
all SubGrantees are made aware of and agree to comply with all the conditions of this
Agreement and the applicable State requirements governing the use of HHAP funds.
Failure to comply with these conditions may result in termination ofthis Agreement.
A. The Agreement between the Grantee and any SubGrantee shall require the
Grantee and its SubGrantees, if any, to:
1. Perform the work in accordance with Federal, State and Local housing and
building codes, as applicable.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, .2019
f
l
I '
j
I
I
I
I
I
Exhibit D
Page 22 of 25
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT.C
County of Fresno
20-HHAP-00096
Page .20 of 23
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
2. Maintain at least the minimum State-required worker's compensation for those
employees who will perform the work or any part of it.
3. Maintain, as required by law, unemployment insurance, disability insurance,
and liability insurance in an amount that is reasonable to compensate any
person, firm or corporation who may be injured or damaged by the Grantee or
any SubGrantee in performing the Work or any part of it.
4. Agree to include all the terms of this Agreement in each subcontract.
13. Compliance with State and Federal Laws. Rules, Guidelines and Regulations
The Grantee agrees to comply with all state and federal laws, rules and regulations
that pertain to construction, health and safety, labor, fair employment practices 1
environmental protection, equal opportunity, fair housing, and all other matters
appllcable and/or related to the HHAP program, the Grantee, its subrecipients 1 and all
eligible activities.
Grantee shall also be responsible for obtaining any and all permits, licenses, and
approvals required for performing any activities under this Agreement, including those
necessary to perform design, construction, or operation and maintenance of the
activities. Grantee shall be responsible for observing and complying with any
applicablefecferal,: state, and focanaws, rule!:r or regUlations affe'ctihg any sach work.
specific'8Hy those including, but not limited to, environmental protection, procurement, ·
and safety laws) rules, regulations, and ordinances. Grantee shall provide copies of
permits and approvals to Agency upon request.
14. Inspections
A. Grantee shall inspect any work performed hereunder to ensure that the work is
being and has been performed in accordance with the applicable federal, state and/or
local requirements, and this Agreement.
B. Agency reserves the right to inspect any work performed hereunder to ensure that
the work is being and has been performed in accordance with the applicable federal,
state and/or local requirements, and this Agreement. ·
C. Grantee agrees to require that all work that is determined based on such
inspections not to conform to the applicable requirements be corrected and to withhold
payments to the subrec!pient until it is corrected,
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
I
I
I
i
I
Exhibit D
Page 23 of 25
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBITC .
County of Fresno
20-HHAP-00096
Page 21 of 23
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
15. Litigation
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a
court of competent jurisdiction, such invalidity, at the sole discretion of Agency, shall
not affect any other provisions of this Agreement and the remainder of this Agreement
shall remain in full force and effect. Therefore, the provisions of this Agreement are
and shall be deemed severable.
B. The Grantee shall notify Agency immediately of any claim or action undertaken by
or against it, which affects or may affect this Agreement or Agency, and shall take
such action with respect to the claim or action as is consistent with the terms of this
Agreement and the interests of Agency.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit D
Page 24 of 25
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBITD
SPECIAL TERMS AND CONDITIONS
County of Fresno
20 -HHAP..:00096
Page22 of23
1. All proceeds from any interest-bearing account established by the Grantee for
the deposit of HHAP funds, along with any interest-bearing accounts opened by
subrecipients to the Grantee for the deposit of HHAP funds, must be used for
HHAP-eligible activities.
2. Any housing-related activities funded with HHAP funds, including but not llmited
to emergency shelter, rapid-rehousing, rental assistance, transitional housing
and permanent supportive housing, must be in compliance or otherwise aligned
with the core components of Housing First pursuant to Welfare and Institutions
Code section 8255, subdivision (b).
3. Grantee agrees to uttlize its local Homeless Management Information System
(HMIS) to track HHAP-funded projects, services, and clients served. Grantee wm
ensure that HMIS data are collected in accordance with applicable laws and in
such a way as to identify individual projects, services, and clients that are
supported by HHAP funding (e.g., by creating appropriate HHAP~specific funding
sources and project codes in HMIS).
4. Grantee agrees to participate in the statewide data system or warehouse created
by Agency to collect local data from Callfomia continuums of care through the
HMIS1 and sign any required data use agreements allowing Agency to access
Grahtee'!fHM1s·data fortliat purpose;···
5. If Grantee is a continuum of care or a county that accepted redirected funding
from a continuum of care, it shall review and execute a data use agreement no
later than July 31, 2020, in order to ensure compliance with Health and Safety
Code section 50219, subdivision (a)(7) and (1 0). Grantee's failure to timely
execute a data use agreement will constitute a breach of this Agreement. In this
event, BCSH, in its sole and absolute discretion , may exercise any and all
remedies permitted by this Agreement or by applicable law.
Homeless Houslng , Assistance and Prevention Program
NOFADate: December 6, 2019
Exhibit D
Page 25 of 25
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT E
GENERAL TERMS AND CONDITIONS
County of Fresno
20-HHAP-00096
Page 23 of 23
This exhibit is incorporated by reference and made part of this agreement. This
document can be viewed at the following link:
https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-
Resources-:List-Folder/Standard-Contract~Language
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit E
Page 1 of 25
Agreement No. 20-197
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES ,--------------,.----------------.
STAN DARO AGREEMENT AGR~EMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable)
STD 213 (Rev003/2019) 20-HHAP-00O97
1. This Agreement Is entered lhto between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Business, Consumer Servltes, and Housing Agency
CONTRACTOR NAME
County of Fresno (CA-514 Fresno Madera CoC)
2. The term of thlll Agreement ls: ·
STARTDATE
Upon BCSH Approval
THROUGH END DATE
06/30/2025
3.The maxlmum amount of this Agreement Is;
$2,954,437.15
4. The parties agree to comply with the terms and conditions of the followfng exhibits, which are by this reference rnade a part ofthe Agreement.
Exhibits Title
Exhibit A Scope of Work
Exhibit B Budget Detail and Payment Provrsrons
ExhibltC Homeless Coordinating and Flnanclng Council'Terms and Conditions
+ Exhibit D Special Terms and Conditions -"
+ ExhibitP General Terms and Conditions .__ -
/tt!ms shown with an asterisk.(*), are /Web · /ncorporatea oy reterence and made art or mis agreementas lrattacneo nereto, y p
These documents can be viewed at htt!'Js:t/www,dgs.ca;go)((C>LS/Resources .. . .
IN WITNESS WHEl?EDF, THIS AGREEMENT HAS BEEN EXECUTED 8YTHE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME {If eithetthan an indlvldu11[, state whethera corporatior,, partn&rshlp, etc,)
... .... •-· County of Fresno (CA-514 Fresno Madera .CoC.)
CONTRACTOR BUSINESS ADDABS A 1TEST:
BERNICE E:: SEIDEL
PO Box 240SS Clerk of the Board ofSl)pei'Vlsors
PRINTED NAME OF PERSON SIGNING County of Fresno, State ofCalifort'lia
Ernest Buddy Mendes By ~· , L ~ Deputy
CONTRACTORAUTHORIZED SIGNATURE
CITY STATE
Fresno CA
TITLE
Chairman, Board of Supe rvisors
DATE SIGNED
Pages
1-6
7-;:W 11
12-21•·
-.
22
23
ZIP
9~779
Page 1 of 2
Exhibit E
Page 2 of 25
STATE OF CALIFORNIA· DEPARTMENT OF GENERAL SERVICES ,----------------,-------------~ STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTH.ORITYNUMBER (If Applicable)
STD213(RE!v,03/2019J 20-HHAP-00097
CONTRACTING AGENCY NAME
Business, Consumer Services, and Housing Agency
CONTRACTING AGENCY ADDRESS
915 Capitol Mall; Suite 350A
PRINTEO NAME OF PERSON SIGNING
Lourdes Castro. Ramirez
CALIFORNIA DEPARTM
STATE OF CALIFORNIA
CITY
Sacramento
'1111.E
.. Secretary
STATE ZIP
CA 95814
Paae 2 of 2
Exhibit E
Page 3 of 25
1. Authority
Continuum of Care for CA .. 514 Fresno Madera
20 .. HHAP-00097
Page 1 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORK
The State of California has established the Homeless Housing; Assistancel and
Prevention Program C'HHAP" or "Program" or "grant") pursuant to Chapter 6
(commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety
Code. (Added by Stats.2019, c.159 (A.8. 101); § 10, eff. July 31, 2019.)
The Program is administered by the California Homeless Coordinating and Financing
Council ("Council") in the Business, Consumer Services and Housing Agency
("Agency"). HHAP provides one-time flexfble block grant funds to continuums of care,
large cities (population of 300,000+) and counties as defined in the December 6, 2019
HHAP Notice of Funding Availability ("NOFA") to support regional coordination and
expand or develop local capacity to address immediate homelessness challenges
informed by a best~practices framework focused on moving homeless individuals and
families into permanent housing and supporting the efforts of those individuals and
families to maintain their permanent housing.
This Standard Agreement along with alf its exhibits ("Agreemeht"} is entered lnto by
the Agency and a continuum of care, a city, or a county ("Grantee") under the authority
of; and in furtherance of the purpose of, the Program. In signing th1s Agreement and
thereby accepting this award of funds, the Grantee agrees to comply with the terms
--and conditions of the Agreement,-the NOFA under-which ·the Grante·eapplied;-·the ---
representations contained in the Grantee's application, and the requirements of the
authority cited above.
2. Purpose
The general purpose -of the Program is to provide one-time block grant fundlng to
support regional coordination, and to expand or develop local capacity to address
immediate homelessness challenges. -Activities will be ·;nformed by a best-practices
framework focused on moving homeless individuals and families into permanent
housing and supporting the efforts of those individuals and families to maintain thef r
permanent housing. In accordance with the authority cited above, an application was
created and submitted by the Grantee for HHAP funds to be allocated for eligible uses
as stated in Health and Safety Code section 50219, subdivision (c)(1)-(8).
Homeless Housing, Assistance and Preventton Program
NOFA Date: December 6, 2019
Exhibit E
Page 4 of 25
3. Definitions
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 2 of23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORK
The following HHAP program terms are defined in accordance with Health and
Safety Code section 50216, subdivisions (a)-(q):
(a) "Agency" means the Business, Consumer Services and Housing Agency.
(b) '1Applicant'' means a continuum of care, city, or county.
{c) "City" means a city or city and county that is legally incorporated to provide local
government services to its populat1on. A city can be organized either under the general
laws of this state or under a charter adopted by the local voters.
(d) "Continuum of care" means the same as defined by the United States Department
of Housing and Urban Development at Section 578.3 of Title 24 ofthe Code of Federal
Regulations.
(e) "Coordinated Entry System" means a centralized or coordinated process
developed pursuant to Section 578. 7 of Title 24 of the Code of Federal Regulations,
as that section read on January 10, 2019, designed to coordinate homelessness
program participant intake, assessment, and provision of referrals. In order to satisfy
·· this subdivision 1 ·a· centralized or coordinated assessment system· shall · cover the ··
geographic area, be easily accessed by individuals and families seeking houslng or
services, be well advertised, and include a comprehensive and standardized
assessment tool.
(f) 1'Council" means the Homeless Coordinating and Financing Counoil created
pursuant to Section 8257 of the Welfare and Institutions Code.
(g) 11Emergency shelter" has the same meaning as defined in subdivision (e) of Section
50801.
(h) 1'Homeless" has the same meaning as defined in Section 578 .3 of Title 24 of the
Code of Federal Regulations, as that section read on January 1 o, 2019.
(i) "Homeless Management Information System11 means the information system
designated by a continuum of care to comply with federal reporting requirements as
defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term
"Homeless Management Information System" also includes the use of a comparable
Homeless Housing; Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit E
Page 5 of 25
Continuum of Care for CA-514 Fresno Madera
20-HHAP,;00097
Page 3 of23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORK
database by a victim services provider or legal services provider that ls permitted by
the federal government under Part 576 of Title 24 of the Code of Federal Regulations;
Q) "Homeless point~in-time count" means the 2019 homeless point-in-time count
pursuant to Section 578.3 of Title 24 ofthe Code of Federal Regulations. A jurisdiction
may elect to instead use their 2017 point-in-time count if they can demonstrate that a
significant methodology change occurred between the 2017 and 2019 point-in-time
counts that was based on an attempt to more closely align the count with HUD best
practices and undertaken in consultation with HUD representatives. Ajurisdictlon shall
submit documentation of this to the -agericy by the date by which HOO's certlffcafion
of the 2019 homeless point~in-time count is finalized. The agency shall review and
approve or deny a request described in the previous sentence along with a
juri:sdiction's application for homeless funding.
(k) 1iHomeless youth'1 means an unaccompanied youth between 12 and 24 years of
age, inclusive, who is experiencing homele$sness, as defined in subsection (2) of
Section 725 ofthe federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec.
11434a(2)). "Homeless youth" includes unaccompanied youth who are pregnant or
parenting.
(I) "Housing First has the same meaning as in Section 8255 of the Welfate and
··· Institutions Code, including all ofthe core components listed therein.
(m) "Jurisdiction"means a city, city that is also a county, county, or continuum ofcare,
as defined in this section.
(tn) "Jurisdiction" means a city 1 city that is also a county, county, or continuum of care,
as defined in this section.
(n) "Navigation center" means a Housing First 1 low-barrier, service~enriched shelter
focused on moving homeless individuals and families into permanent housing that
provides temporary living facilities while case managers connect individuals
experiencing homelessness to income. public benefits, health services, shelter, and
housing.
(o) 11Program" means the Homeless Housing, Assistance, and Prevention program
established pursuant to this chapter.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit E
Page 6 of 25
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page4 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORK
(p) "Program allocation" means the portion of program funds available to expand or
develop local capacity to address Immediate homelessness challenges, in the amount
of six hundred fifty million dollars ($6501000,000).
(q) "Recipient" means a jurisdiction that receives funds from the agency for the
purposes of the program.
Additional definitions for the purposes of the HHA.P program:
"Oblrgate" means that the Grantee has placed orders, awarded contracts, received
services, or entered into similar transactions that require payment uslng HHAP
funding. Grantees, and the subrecipients who receive awards from those Grantees,
must obltgate the funds by the statutory deadlines set forth in this Exhibit A.
"'Expended" means all HHAP funds obligated under contract or subcontract have been
fully paid and receipted, and no invoices remain outstanding. In the case of an award
made through subcontracting, subcontractors are required to obU-gate the funds by the
same statutory deadlines.
11Grantee" means the continuum of care, city, or county that has entered into contract
with the Business, Consumer Services and Housing Agency and is receiving HHAP
'fUhding.
4. Scope of Work
The Scope of Work f'Workj') for this Agreement shall include uses that are consistent
with Health and Safety Code section 50219; subdivision (c)(1) -(8), and any other
applicable laws. Eligible uses include the following:
A Rental assistance and rapid rehousing.
B. Operating subsidies in new and existing affordable or supportive housing units,
emergency shelters, and navigation centers. Operating subsidies may include
operating reserves.
C. Incentives to landlords, including, but not limited to, security deposits and holding
fees.
D. Outreach and coordination, which may include access to job programs, to assist
vulnerable populations in accessing permanent housing and to promote housing
stability in supportive housing.
Homeless Housing, Assistance etnd Prevention Program
NOFADate: December 6, 2019
Exhibit E
Page 7 of 25
Continuum of Care for CA-514 Fresno Madera
20-HHAP~00097
Page 6 of23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORK
E. Systems support for activities necessary to create regional partnerships and
maintain a homeless services and housing delivery system, particularly for
vulnerable populations including families and homeless youth. ·
F. Delivery of permanent housing and innovative housing solutions such as hotel and
motel conversions.
G. Prevention and shelter diversion to permanent housing.
H. New navigation centers and emergency shelters bas~d on demonstrated need .
Demonstrated need for purposes of this paragraph shall be based on the following:
i. The number of available shelter beds In the city, county, or region served by
a continuum of care. ,
ii. Shelter vacancy rate in the summer and winter months.
iii. Percentage of exits from emergency shelters to permanent housing solutions.
iv. A plan to connect residents to permanent housing.
5, Agency Contract Coordinator
The Agency's Contract Coordinator for this Agreement is the Council's HHAP Grant
Manager or the Grant Manager's designee. Unless otherwise Instructed; any notice,
report, or other communication requiring an original Grantee signature for this
Agreement shall be malled to the Agency Contract Coordlnator. If there are
opportunities to send information electronically, Grantee will be notified via email by
· · the HHAP Grant-Manager or the Grant Manager's ·designeet
The Representatives during the term of this Agreement will be:
PROGRAM
ENTITY: Business Consumer Services and
Housing Agency
SECTION/UNIT: Homeless Coordinating and Financing .
Council (HCF'C)
ADDRESS: 915 Capltol Mall Suite 350~A
Sacramento, CA 95814
CONTRACT MANAGER Amber Ostrand er
' PHONE NUMBER: 916-651-7995
EMAIL ADDRESS: Ambet.Ostrander@bosh.ca.gov
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
GRANTEE
Continuum of Care for CA~514
FreshO Madara
PO Box 24055
Fresno, CA M779
Laura Moreno
Program M!:inager
559-600-2335
lhaga@fresnocountyca.gov
Exhibit E
Page 8 of 25
Continuum of Care for CA-514 Fresno Madera
20-HHAP .. 00097
Page 6 of23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORK
All requests to update the Grantee information listed within this Agreement shall be
emailed to the Homeless Coordinating and Financing CouncWs general email box at
hcfc@bcsh.ca.gov. The Council reserves the right to change their representative
and/or contact information at any time with notice to the Grantee.
6. Effective Date, Term of Agreement, and Deadlines
A This Agreement is effective upon approval by the Agency (indicated by the
signature provided by Agency in the lower left section of page one, Standard
Agreement1 STD. 213), when signed by all parties.
B. Contractual Obligation:
• Grantees that are counties must contractually obligate 100 percent of their full
program allocatfons on or before May 31, 2023.
• Grantees that are citlea or continuums of care must contractually obligate no
less than 50 percent of prograrn allocations on or before May 31, 2023.
Cities or continuums ofcare that contractually obligate less than 50 percent or program
allocations after May 31 1 2023 are subject to an alternative disbursement plan as required
under (Health & Safety Code ,§ 50220, subdMsion (a)(4)(8).
· · c. · Full Expenditurerof HHAP GrantFunds· ·
• All HHAP .grant funds (100 percent) must be expended by Jone 30, 2025. Any
funds not expended by that date shall revert to the General Fund. (Health &
Safety Code,§ 50220, subdivision (e).)
7. Speeial Conditions
Agency reserves the right to add any special conditions to this Agreement it deems
necessary to ensure that the goals of the Program are achieved.
Homeless Housing, Assistance and Prevention Program
NOFA Data ; December 6, 2019
Exhibit E
Page 9 of 25
Continuum of Care for CA~514 Fresno Madera
20~HHAP-.00097
Page 7 of 23
Homeless Housf ng, Assistance and Prevention
Standard Agreement
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Budget Detail & Changes
The Grantee agrees that HHAP funds<shall be expended on uses that support regional
coordination and expand or develop local capacity' to address immediate
homelessness challenges. Such activities must be informed by a best-practices
framework focused on moving homeless individuals and families lnto permanent
housing and supporting the efforts of those indiv!duals and families to maintain their
permanent housing.
The Grantee shall expend HHAP funds on eligible activities as detailed in the annual
budget submitted with the Grantee's approved .application. The Grantee shall submit
an updated budget with the annual report that revises and reports all actual and
projected expenditures of HHAP funds.
Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures
without prior approval by the Agency so long as the total expenditures (actual and
projected) for each eligible use category remain the same as described in the budget
approved with the Grantee's application. Any decrease or increase to the total
expenditures for any eligible use category must otherwise be approved by the
Council's HHAP Grant Manager or his/her designee, in writing, before the Grantee
may expend HHAP funds according to an alternative budget. The HHAP Grant
Manag,erwm tespond tb Grantee with approval or denial of request Failure to obtaln ,
written approval from the Grant Manager or his/her desfgnee as required by this
section may be considered a breach of this Agreement.
2. General Condition$ Prior to Disbursement
Afl Grantees must submit the following forms prior to HHAP funds belng released:
A. Requestfor Funds Form (RFF)
B. STD 213 Standard Agreement -2 original copies of the signed STD 213
form and initialed Exhibits A through E.
C. Data Use Agreement (all continuums of care, including those that
redirected funding to another jurisdiction -see Exhibit D for relevant
Special Terms and Conditions)
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit E
Page 10 of 25
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 8 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
3. Disbursement of Funds
HHAP funds will be disbursed to the Grantee upon receipt, review and approval of the
completed Standard Agreement and RFF by Agency, the Department of General
Services (DGS) and the State Controllerfs Office (SCO). Once Agency receives.
reviews, and signs off on the completed documents, the documents will be sent to
OGS for review. Once DGS review is completed, documents will be forwarded to SCO
for flnal review and fund disbursement The RFF must include the proposed eligible
uses and the amount of funds proposed for expenditure under ~ach eligil;>le use.
HHAP funds will be disbursed in a single allocation via malled check once the RFF
has been received by the SCO. Checks will be mailed to the address and contact
name listed on the RFF.
4. Expenditure of Funds .
Specific requirements and deadlines for contractually obligating and expending
awarded funds are set forth in the Homeless Housing, Assistance, and Prevention
Program statutes. Health and Safety Code sections 50218, 50219, and 50220
mandate the following:
A. Up to 5 percent of the HHAP allocation may be expended for the following uses
.. · thatare· intended to meet-federal requirements for housing funding:· ·· ·
(1) Strategic homelessness plan, as defined in section 578.7(c) of Title 24 of
the Code of Federal Regulations; and/or ·
(2) Infrastructure development to support coordinated entry systems and
Homeless Management Information Systems.
B. No more than 7 percent of the HHAP allocation may be used for
administrative costs incurred by the Grantee.
C. At least 8 percent of the HHAP allocation shall be used to establish or expand
services for homeless youth populations.
D. Grantees that are cities or continuums of care shaU contractually obligate no ·
less than 50 percent of HHAP funds by May 31, 2023. If less than 50 percent
is obligated after May 31, 2023, oontinuums of care and cities shall not expend
any remaining portion of the 50 percent of program allocations required to have
been obligated unless and until both of the following occur:
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit E
Page 11 of 25
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 9 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
(1) On or before June 30, 2023, the Grantee submits an alternative
disbursement plan to Agency that includes an explanation for the delay
and a plan to fully expend these funds by December 31, 2023.
(2) Agency approves the alternative disbursement plan.
If the funds identified In the approved alternative disbursement plan are not
fully expended by December 31, 2023 , the funds shall be returned to
Agency.
E. Grantees that are counties shall contractually obligate the full allocation (100
percent) awarded to them by May 31 , 2023. Any funds that are not
contractually obligated by this date shall be reverted to the continuum of
care that $erves the county. Specific to Los Angeles County, funds that are not
contractually obligated by this date shall be divided proportionately using the
HHAP funding allocation formula among the four CoC's that serve LO$
Angeles County: City of Glendale Coe, City of Pasadena Coe, the City of
Long Beach Coe, and the Los Angeles Homeless Services Authority.
Counties not obligating their full program allocation by May 31, 2023 are
required to notify Agency on or before that date, of the name of the CoC(s) in
which the county is served, and the amount of program funds that will be
reverted to the CoC(s )~ By June 30; 2023; the-county shallprovide Agency with --
evidence that the funds were transferred and submit an updated budget that
clearly identifies the funds that were transferred.
F. All HHAP funds shall be expended by June 30, 2025.
G. Any funds not expended by June 30, ~025 shall revert to the General Fund.
5. Reimbursement
HHAP program funds should not generally be obligated or expended prior to the
effective date of this Agreement. However, Agency acknowledges that there may be
circumstances that would require reimbursement in order to prevent or address
homelessness in a given jurisdiction .. When considering a reimbursement, the
following requirements are applicable:
A. Reimbursement is not permitted for activities occurring prior to July 1, 2019.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit E
Page 12 of 25
Continuum of Care for CAJ514 Fresno Madera
20-HHAP-00097
Page 10 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBITS
BUDGET DETAIL AND PAYMENT PROVISIONS
B. Reimbursement shall not supplant existing local funds for homeless housing,
assistance, or prevention.
C. Approval from HCFC must be obtained prior to obtaining reimbursement.
D. Capital improvement projects pertaining to emergency shelters and navigation
centers are still required to demonstrate need. Eligible applicants are required
to submit the following information for HCFC to review and approve or deny
such projects:
(1) The number of available shelter beds in the jurisdiction;
(2) The shelter vacancy rate in the summer and winter months;
(3) The percentage of exits from emergency shelters to permanent housing
solutions; and
(4) A plan to connect residents to permanent housing.
6. Ineligible Costs
HHAP funds shall not be used for costs associated with activities in violation of any
law or for any activities not consistent with the intent of the Pro9ram and the eHgible
uses identified in Health and Safety Code sections 50218 and 50219.
Agency reserves the right to request additional clarifying information to determine the
reasonableness and eligibility of all uses of the funds made available by this
Agreement. If the Grantee or its funded subrecipients use HHAP funds to pay
for ineligible activities, the Grantee shall be required to reimburse these funds
to Agency.
An expenditure which is not authorized by this Agreement. or by written approval of
the Grant Manager or his/her designee, or which cannot be adequately documented;
shall be disallowed and must be reimbursed to Agency by the Grantee.
Agency, at its sole and absolute discretion, shall make the final determination
regarding the allowability of HHAP fund expenditures.
Program funds shall not be used to supplant existing local funds for homeless
housing, assistance, or prevention.
Homeless Housing, Assistance and Prevention Program
NOFADate: December 6, 2019
Exhibit E
Page 13 of 25
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 11 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
7. Administrative Costs
The Grantee must comply with Health and Safety Code section 50219; subdivision
(e), which limits the Grantee's administrative costs to no more than 7 percent oftotal
HHAP funds received. For purposes of this requirement, "administrative costs" does
not include staff or other costs directly related to implementing activities funded by the
Program allocation.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6,. 2019
Exhibit E
Page 14 of 25
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 12 of23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
1. Termination and Sufficiency of Funds
A. Termination of Agreement
Agency may terminate this Agreement at any time for cause by giving a minimum
of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist
of vlolations of any conditions of this Agreement, any breach of contract as described
in paragraph 6 of this Exhibit C; violation of any federal or state laws; or wlthdrawal of
Agency's expenditure authority. Upon termination of this Agreement, unless
otherwise approved in writing by Agency, any unexpended funds received by the
Grantee shall be returned to Agency within 30 days of Agency1s notice of termination.
B, Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made avallable to
Agency by legislative appropriation. In addition, this Agreement is subject to any
additional restrictions, !imitations or conditions, or statutes, regulations or any other
laws, whether federal or those of the State of California, or of any agency, department,
or any political subdivision of the federal or State of California governments, which
may affect the provisions, terms or funding of this Agreement in any manner.
2. Transfers
Grantee may not transfer or assign by subcontract or novation 1 or by any other means,
the rights, duties, or performance of this Agreement or any part thereof, except with
the prior written approval of Agency and a formal amendment to this Agreement to
affect such subcontract ornovation. ·
3. Grantee1s Application for Funds
Grantee has $Ubmitted to Agency an application for HHAP funds to support regional
coordination and expand or develop local capacity to address its immediate
homelessness challenges. Agency is enterihg Into this Agreement on the basis of, and
in substantial reliance upon, Grantee's facts, information, assertions and
representations contained in that application, and In any subsequent modifications. or
additions thereto approved by Agency. The application and any approved
modifications and additions thereto are hereby incorporated into this Agreement.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit E
Page 15 of 25
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 13 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBITC
HOMELl:SS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
Grantee warrants that au information, facts, assertions and representations contained
in the application and approved modifications and additions thereto are true, correct;
and complete to the best of Grantee's knowledge. In the event that any part of the
application and any approved modification and addition thereto is untrue, incorrect,
incomplete, or misleading in such a manner that would substantially affect Agency
approval, disbursement, or monitoring of the funding and the grants or activities
governed by this Agreement, then Agency may declare a breach of this Agreement
and take such action or pursue such remedies as are legally available.
4. Reporting/Audits
A. Annual Report Deadlines
By January 1, 2021, and annually on that date thereafter until all funds have been
expended, the Grantee shall submit an annual report to Agency in a format provided
by Agency. If the Grantee fails to provide such docurnentation, Agency may recapture
any portion of the amount authorized by this Agreement with a 14~day written
notification. No later than January 1, 2026, the Grantee shall submit a final report 1 in
a format provided by Agency, as well as a detailsd explanation of all uses of the
Program funds.
· · B~ · Reporting Requiremerits
The annual report shall contain detailed information ir'I accordance with Health and
Safety Code section 50221, subdivision (a). This information includes the following, as
well as any additional information deemed appropriate or necessary by Agency:
1. An ong•oing tracking of the specific uses and expenditures of any Program
funds broken out by eligible uses listed, including the current status of those
funds.
2. The number of homeless individuals served by the Program funds in that year.
and a total number served in all years of the Program; as wen as the homeless
populations served.
3·. The types of housirtg assistance provided, broken out by the number of
individuals.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit E
Page 16 of 25
Continuum of Care for CA-514 Fresno Madera
20-H HAP-00097
Page 14 of23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
4. Outcome data for an individual served through Program funds, including the
type of housing that an individual exited to, the percent of successful housing
exits; and exit types for unsuccessful housing exits.
In addition to the annual reports, Agency requires the Grantee to submit quarterly
expenditure reports due no later than 30 days following the end of each fiscal quarter.
Grantee shall submit a report to the agency on a forrn and method provide by the
agency, that includes the ongoing tracking of the specific uses and expenditures of
any program funds broken out by eligible-uses listed, including the current status of
those funds, as well as any additronal Information the agency deems appropriate or
necessary.
Agency may require additional supplemental reporting with written notice to the
Grantee.
C. Auditing
Agency reserves the right to perform or cause to be performed a financial audit. At
Agency request, the Grantee shall provide1 at its own expense, a financial audit
prepared by a certified public accountant. HHAP administrative funds may be used
to fund this expense.
1. If a financial audit is required by Agency, the audit shall be peribrmed by an
independent certified public accountant.
2. The Grantee shall notify Agency of the auditor's name and address immediately
after the selection has been made. The contract for the audit shall allow access
by Agency to the independent auditor's working papers.
3. The Grantee ls responsible for the completion of audits and all costs of
preparing audits.
4. If there are audit findings, the Grantee must submit a detaUed response
acceptable to Agency for each audit finding within 90 days from the date of the
audit finding report.
5. Inspection and Retention of Records
A. Record Inspection
The Grantee agrees that Agency or its designee shall have the right to review, obtain,
and copy all records and supporting documentation pertaining to performance under
this Agreement The Grantee agrees to provide Agency, or its designee, with any
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit E
Page 17 of 25
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 16 of 23
Homeless Housing, Assi'stance and Prevention
Standard Agreement
EXHIBITC
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
relevant information requested. The Grantee agrees to give Agency or its designee
access to its premises; upon reasonable notice and during normal business hours, for
the purpose of interviewing employees who might reasonably have information
related to such records, and of inspecting and copying such books, records, aooounts,
and other materials that may be relevant to an investigation of compliance with the
Homeless Housing, Assistance, and Prevention Program laws, the HHAP program
guidance document published on the website, and this Agreement.
B. Record Retention
The Grantee further agrees to retain all records described in subt2a.ragraph A for
a minimum period of five (5) years after the termination of this Agreement.
If any litigation1 claim, negotiation, audit, monitoring, inspection or other action has
been commenced before the expiration of the required record retention period, all
records must be retained until completion of the action and resolution of all issues
Which arise from it.
6. Breach and Remedies .
A. Breach of Agreement
· ··· · Breach of this Agreement includes,-but ls not limited to, the following events:
1. Grantee's failure to comply with the terms or conditions of this Agreement.
2. Use of, or permitting the use of, HHAP funds provided under this Agreement
for any ineligible activities,
3. Any failure to comply wlth the deadlines set forth ih this Agreement.
B. Remedies for Breach of Agreement
In addition to any other remedies that may be available to Agency in law or equity for
breach of this Agreement, Agency may:
1. Bar the Grantee from applying for future HHAP funds;
2. Revoke any other existing HHAP award(s) to the Grantee;
3. Require the return of any unexpended HHAP funds disbursed under this
Agreement;
4. Require repayment of HHAP funds disbursed and expended under this
Agreement;
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit E
Page 18 of 25
Continuum of Gare for CA~514 Fresno Madera
20-HHAP-00097
Page 16 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBITC
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
5. Require the immediate return to Agency of all funds derived from the use of
HHAP funds including, but not limited to, recaptured funds and returned
funds; and
6. Seek, in a court of competent jurisdiction, an order for specific performance of
the defaulted obligation or the appointment of a receiver to complete the
technical assistance in accordance with HHAP requirements.
C. All remedies available to Agency are cumulative and not exclusive.
D. Agency may give written notice to the Grantee to cure the breach or violation within
a period of not less than 15 days.
7. Waivers
. No waiver of any breach of this Agreement shall be held to be a waiver of any prior or
subsequent breach. The failure of Agency to enforce at any time the provisions of this
Agreement, orto require at any time, performance by the Grantee of these provisions 1
shall in no way be construed to be a waiver of such provisions nor to affect the validity
of this Agreement or the right of Agency to enforce these provisions.
· s~ · Nondiscrimination ·
During the performance of this Agreement, Grantee and its subrecipients shall not
unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex (gender), sexual orientation, gender identity,
gender expression, race, color, ancestry, religion, creed, national origin (including
language use restriction), pregnancy, physical disability (including HIV and AlDS),
mental disability, medical condition (cancer/genetic characteristics), age (over 40),
genetic information, marital status, military and veteran status, and denial of medical
and family care leave or pregnancy disabillty leave. Grantees and subGrantees shall
· ensure that the evaluation and treatment of their employees and applicants for
employment are free from such discrimination and harassment. Grantee and its
subrecipients shall comply with the provisions of CaUfomia's laws against
discriminatory practices relating to specific groups: the California Fair Employment
and Housing Act (FEHA) (Gov. Code,§ 12900 et seq.); the regulations promulgated
thereunder (Cal. Code Regs., tit. 2, § 11000 ets.eq.); and the provisions of Article 9.6,
Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135
-11139.5). Grantee and its subreciplents shall give written notice of their obligations
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit E
Page 19 of 25
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 17 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
under this clause to labor organizations with which they have a collective bargaining
or other agreement.
9. ConfJict of Interest
All Grantees are subject to state and federal conflict of interest laws. For instance1
Health . and Safety Code sectfon 50219, subdivision (h) statesj "For purposes of
Section 1090 of the Government Code, a representative of a county serving on a
board, committee, or body with the primary purpose. of administering funds or making
funding recommendations for applications pursuant to this chapter shall have no
financial interest in any contract, program, or project voted on by the board,
committee) or body on the basis of the receipt of compensation for holding public office
or public employment as a representative of the county.''
Failure to comply with these· laws, including business and financial disclosure
provisions, will result In the appHcation being rejected and any subsequent contract
being declared void. Other legal action may also be taken. Additional applicable
statutes include, but are not limited to, Government Code section 1090 and Public
Contract Code sections 1041 o and 10411 .
· A~ curre'f'ltState· Employees:·No State ·offioer or ·empfoyee shall engage in any·
employment, activity, or enterprise from which the officer or employee receives
compensation or has a financial interest, and which is sponsored or funded by any
State agency, unless the employment, activity, or enterprise is required as a condition
of regular State employment. No State officer or employee shall contract on hfs or her
own behalf as an independent Grantee with any Sta:te agency to provide goods or
seNices.
B. Former State Employees: For the two-year period from the date he or she left State
employment, no former State officer or employee may enter into a contract in whioh
he or she engaged in any of the negotiations, transactions, planning, arrangements,
or any part of the decision~making process relevant to the contract while employed in
any capacity by any State agency. For the twelve-month period from the date he or
she left State employment, no former State officer or employee may enter into a
contract wfth any State agency if he or she was employed by that State agency in a
policy-making positlon in the same general subject area as the proposed contract
within the twelve-month period prior to his or her leaving State service.
C.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit E
Page 20 of 25
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 18 of23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBITC
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
c. Employees of the Grantee: Employees of the Grantee shall comply with all
applicable provisions of law pertaining to conflicts of interest, Including but not limited
to any applicable conflict of interest provisions of the a Political Reform Act of 1974
(Gov. Code,§ 81000 et seq.).
D. Representatives of a County; A representative of a county serving on a board,
committee, or body with the primary purpose of administering funds or making funding
recommendations for applications pursuant to this chapter shall have no financial
E. interest in any contract, prbgram, or project voted on by the board, committee, or
body on the basis of the receipt of compensation for holding public office or public
employment as a representative of the county.
10. Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies,
under penalty of perjury under the laws of State of Callfomia, that it and Its
subrecipients will comply with the requirements of the Drug~Free Workplace Act of
1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug~free workplace by
taking th'e following actions:
A. Publish a statement notifying employees and subrecipients that unlawful
manufacture distribution, dispensation, possession, or use of a controlled substance
is prohibited and specifying actions to be taken against employees , Grantees, or
subrecipients for violations, as required by Government Code section 8355 1
subdivision (a)(1).
B. Establish a Drug -Free Awareness Program, as required by Government Code
section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients
about all of the following:
1. The dangers of drug abuse ln the workplace;
2. Granteels policy of maintaining a drug~free workplace;
3. Any available counseling, rehabilitation 1 and employee assistance program;
and ·
4. Penalt1es that may be Imposed upon employees, Grantees, and subrecipients
for drug abuse violations.
Homeless Housing, Assistance and Prevention Program
NOFA Pate: December 6, 2019
Exhibit E
Page 21 of 25
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 19 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBITC
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
C. Provide, as required by Government Code section 8355, subdivision (a)(3), that
every employee and/or subrecipient that works under this Agreement:
1. Will receive a ,copy of Grantee's drug-free policy statement, and
2. WIii agree to abide by terms of Grantee's condition of employment or
subcontract.
11. Child SuQport Compliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in
accordance with Public Contract Code 7110, that:
A. The Grantee recognizes the importance of child and family support obligations and
shall fully comply with all appllcable state and federal laws relating to child and family
support enforcement, including, but not limited to, disclosure of information and
compliance with earnings assrgnment orders, as provided in Chapter 8 (commencing
with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The Grantee, to the best of its knowledge is fuUy complying with the earnings
assignment orders of all employees and Is providing the names of all new employees
··· to the,· New-Hire···Registry maintained by the ··Galifornla Employment· Development
Department.
12. Special Conditions -Grantees/SubGrantee
The Grantee agrees to comply with all conditions of this Agreement including the
Special Conditions set forth in Exhibit D. These conditions shall be met to the
satisfaction of Agency prior to disbursement of funds. rhe Grantee shall ensure that
all SubGrantees are made aware of and agree to comply with all the conditions of this
Agreement and the applicable State requirements governing the use of HHAP funds.
Failure to comply with these conditions may result in termination of this Agreement.
A. The Agreement between the Grantee and any SubGrantee shall require the
Grantee and its SubGrantees, if any, to:
1. Perform the work in accordance with Federal, State and Local housing and
building codes, as applicable,.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit E
Page 22 of 25
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 20 of23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBITC
. HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
2. Maintain at least the minimum State-required worker's compensation for those
employees who will perform the work or any part of it.
3. Maintain, as required by law, unemployment insurance, disability insurance,
and liability insurance in an amount that is reasonable to compensate any
person, firm or corporation who may be injured or damaged by the Grantee or
any SubGrantee ln performing the Work or any part of it.
4. Agree to include au the terms of this Agreement in each subcontract.
13. Compliance With State and Federal Laws. Rules, Guideline$ and Regulatigras
The Grantee agrees to comply with all state and federal laws, rules and regulations
that pertain to coMtruction, health and safety, labor, fair employment practices,
environmental protection, equal opportunity, fair housing; and all other matters
applicable and/or related to the HHAP program, the Grantee, its subrecipients, and all
eligible activities.
Grantee shall also be responsible for obtaining any and all permits, licenses, and
approvals required for performing any activities underthls· Agreement, including those
necessary to perform design, construction, or operation and maintenance of the
activities. Grantee shall be responsible for observing and complying with any
·· appllcable federal, state1 and lo·cal· laws; rules orregulations ·affecting ·any suchwork, ··
specifically those including, but not limited to, environmental protection, procurement,
and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of
permits and approvals to Agency upon request. ·
14. Inspections
A. Grantee shall inspect any work perfgrmed hereunder to ensure that the work is
being and has been performed in accordance with the applicable federal, state and/or
local requirements, and this Agreement.
B. Ag.ency reserves the right to inspect any work performed hereunder to ensure that
the work Is being and has been performed in accordance with the applicable federal,
state and/or local requirements, and this Agreement.
C. Grantee agrees to require that all work that is determined based on such
inspections not to conform to the applicable requirements be corrected and to withhold
payments to the subrecipient until It is corrected.
Homeless Housing , Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit E
Page 23 of 25
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 21 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBJ1C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS ANO
CONDITIONS
15. Litigation
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a
court of competentjurisdiction, such invalidity, at the sole discretion of Agency, shall
not affect any other provisions of this Agreement and the remainder ofthis Agreement
shall remain in full force and effect. Therefore. the provisions of this Agreement are
and shall be deemed severable.
B. The Grantee shall notify Agency immediately of any claim or action undertaken by
or against it, whfch affects or may affect this Agreement or Agency, and shall take
such action with respect to the claim or action as is consistent with the terms of this
Agreement and the interests of Agency.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit E
Page 24 of 25
Continuum of Care for CA-514 Fresno Madera
20-H HAP-00097
Page 22 of23
Homeless Housing, Assistance and Prevention
· Standard Agreement
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1. All proceeds from any interest-bearing account established by the Grantee for the
deposit of HHAP funds, along with any interest-bearing accounts opened by
subreclpients to the Grantee for the deposit of HHAP funds, must be used for
HHAP-eligible activities.
2. Any housing-related activities funded with HHAPfunds 1·1ncluding but not limited to
emergency shelter, rapid-rehousing, rental assistance, transitional housing and
permanent supportive housing, must be in compliance or otherwise aligned with
the core components of Ho_using First, pursuant to Welfare and Institutions Code
section 8255, subdivision (b).
3. Grantee agrees to utilize its local Homeless Management Information System
(HMIS) to track HHAP-funded projects, services, and clients served. Grantee will
ensure that HMIS data are collected in accordance with applicable laws and in
such a way as to ide,ntify · individual projects1 services, and clients that are
supported by HHAP funding (e.g., by creating appropriate HHAP~specific funding
sources and project codes in HMIS).
4. Grantee agrees to participate in the statewide data system or warehouse created
by Agency to collect local data from California continuums of care through the
HMIS, and sign any required data use agreements allowing Agency to access
ersintee's HMIS dater for that purpose. · -
5. lfGrantee Is a continuum of care or is a jurisdiction that accepted redirected funding
from a continuum of care, it shall review and execute a data use agreement no
later than July 31, 2020, in order to ensure compliance with Health and Safety
Code section 50219, subdivision (a)(7) and (10). Grantee's failure to timely
execute a data use agreement will constitute a breach of this Agreement. ln this
event, BCSH, in its sole and absolute discretion, may exercise any and all
remedies permitted by this Agreement or by applicable law. ·
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 8, 2019
Exhibit E
Page 25 of 25
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 23 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT E
GENERAL TERMS AND CONDITIONS
This exhibit is incorporated by reference and made part of this agreement. This
document can be viewed at the following link:
https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of--Legal~Servlces ..
Resources-List-Fold.er/Standard-Contract-Language
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit F
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:
I I