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HomeMy WebLinkAboutAgreement A-21-307 with BCSH for FMCoC.pdfSCO ID: Agreement No . 21-307 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES ,---------------.--------------- STANDARD AGREEMENT STD 213 (Rev . 04 /2020) AGREEMENT NUMBER 21-HHAP-00064 PURCHAS ING AUTHORl1Y NUMBER (If Applicable ) 010725 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRAC TING AGENCY NAME Business, Consumer Services and Housing Agency CO NTRACTOR NAME County of Fresno (CA-S14 Fresno Madera CoC) 2 . The term of th is Agreement is: ST ART DATE Upon BCSH approval THROUGH END DATE 06 /30 /2026 3. The maximum amount of this Agreement i s: $1,397,933 .00 (One Million Three Hundred Ninety Seven Thousand Nine Hundred Thirty Three Dollars and No Cents) 4 . Th e 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 Exhibit B Budget Detail and Payment Provisions Exhibit C Homeless Coordinating and Financing Council Terms and Conditions + -Exhibit D Special Terms and Conditions - + -Exhibit E General Terms and Conditions - Items shown w ith an asterisk(*), are hereb incol orated b reference and made art of this a reement as lf attacneariereto. y p y p g These documents can be viewed at https.//www.dqs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CON TRACTOR NAME (if other than an individual, state whether a corporation , partnership, etc.) County of Fresno (CA-514 Fresno Madera CoC) CONTRACTOR BUSINESS ADDRESS PO Box 24055 PR INTED NAME OF PERSON SIGNING Cl1Y Fresno TITLE Pages 7 4 9 2 1 STATE ZIP CA 93779 Steve Brandau Chairman , County of Fresno Board of Supervisors DATE SIGNED ATTEST: BERNICE E . SEIDEL Paqe 1 of 2 CA-514 Fresno City & County/Madera County CoC 21-H HAP-00064 Page 1 of 23 Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2) Standard Agreement EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK 1) Authority The State of California has established the Homeless Housing, Assistance , and Prevention Program Round 2 ("HHAP-2 " or "Program") pursuant to Chapter 6 ( commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code. (Added by Stats.2020 , c. 15 (AB. 83), § 7 , eff. June 29, 2020.) The Program is administered by the California Homeless Coordinating and Financing Council ("HCFC") in the Business, Consumer Services and Housing Agency ("Agency"). HHAP-2 provides one-time flexible block grant funds to Continuums of Care, large cities (population of 300 ,000+) and counties as defined in the November 13 , 2020 HHAP-2 Notice of Funding Availability ("NOFA") to build on the regional coordination created through previous HCFC grant funding and support local jurisdictions in their unified regional responses to reduce and end homelessness. 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 conditions of the Agreement, 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 continue to build on regional coordination developed through previous rounds of funding of the Homelessness Emergency Aid Program (Chapter 5 (commencing with Section 50210)), the program established under this chapter , and COVID-19 funding to reduce homelessness. This funding shall: a) Continue to build regional collaboration between continuums of care , counties , and cities in a given region , regardless of population, and ultimately be used to develop a unified regional response to homelessness. b) Be paired strategically w ith other local , state , and federal funds prov ided to add ress homelessness in order to achieve maximum impact. G rantees of this :sv3 Initial Here CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 2 of 23 funding are encouraged to reference the Guide to Strategic Uses of Key State and Federal Funds to Reduce Homelessness During the COVID-19 Pandemic . c) Be deployed with the goal of reducing the numbe r of homeless individuals in a given region through investing in long-term solutions , such as permanent housing , and that the state be an integral partner through the prov ision of technical assistance, sharing of best practices , and implementing an accountab ility framework to gu ide the structure of current and future state investments. In accordance with the authority cited above, an application was created and submitted by the Grantee for HHAP-2 funds to be allocated for eligible uses as stated in Health and Safety Code section 50220.5 , subdivision (d)(1) -(8). 3) Definitions The following HHAP-2 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 Section 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 centralized 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 Section 50801. _rl Initial Here CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 3 of 23 (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 10, 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 database 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 . 0) "Homeless point-in-time count" means the 2019 homeless point-in-time count pursuant to Section 578 .3 of Title 24 of the 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 . A jurisdiction shall submit documentation of this to the agency by the date by wh ich HUD '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) "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 youth " includes unaccompanied youth who are pregnant or parenting . (I) "Housing First" has the same meaning as in Section 8255 of the Welfare and Institutions Code , including all of the core components listed therein . (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 housing . (o) "Program " means the Homeless Housing , Ass istance , and Prevention program established pursuant to this chapter. se> Initial Here CA-514 Fresno City & County/Madera County Coe 21-HHAP-00064 Page 4 of 23 (1) "Round 1" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2019. (2) "Round 2 " of the program m eans the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2020 . (p) "Program allocation" means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges. (q) "Recipient " means a jurisdiction that receives funds from the agency for the purposes of the program. Additional definitions for the purposes of the HHAP-2 program: "Obligate" means that the Grantee has placed orders, awarded contracts , received services , or entered into similar transactions that require payment using HHAP-2 funding. Grantees, and the subrecipients who receive awards from those Grantees , must obligate the funds by the statutory deadlines set forth in this Exhibit A. "Expended " means all HHAP-2 funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstand ing . In the case of an awa rd made through subcontracting , subcontractors are required to expend the funds by the same statutory deadlines. 4) Scope of Work The Scope of Work ("Work") for this Agreement shall include uses that are consistent with Health and Safety Code section 50220.5 , subdivision (d)-(f), and any other applicable laws . The grantee shall expend funds on evidence-based solutions that address and prevent homelessness among eligible populations including any of the following : a) Rapid rehousing , including rental subsidies and incentives to landlords , such as security deposits and holding fees . b) Operating subsidies in new and existing affordable or supportive housing units , emergency shelters , and navigation centers. Operating subsidies may include operating reserves. c) Street outreach to assist persons experiencing homelessness to access permanent housing and services. :sv3 Initial Here CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 5 of 23 d) Services coordination , which may include access to workforce , education , and training programs, or other services needed to promote housing stability in supportive housing. 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 , including rental subsidies . h) New navigation centers and emergency shelters based 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) The number of people experiencing unsheltered homelessness in the homeless point-in-time count. (iii) Shelter vacancy rate in the summer and winter months. (iv) Percentage of exits from emergency shelters to permanent housing solutions . (v) 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 requ iring an origina l Grantee signature for this Agreement shall be mailed to the Agency Contract Coordinator. If there are opportunities to send information electronically, Grantee w ill be notified via email by the HHAP Grant Manager or the Grant Manager's designee. The Representatives during the term of this Agreement will be: ~ Initial Here CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 6 of 23 PROGRAM GRANTEE ENTITY: Business Consumer Services and Continuum of Care for CA-514 Housing Agency Fresno Madera SECTION/UNIT: Homeless Coordinating and Financing Council (HCFC) ~DDRESS: 915 Capitol Mall Suite 350-A 205 W. Pontiac Way Sacramento , CA , 95814 Clovis , CA 93612 CONTRACT MANAGER Victor Duron Laura Moreno PHONE NUMBER: (916) 510-9442 (559) 600-2335 EMAIL ADDRESS: V ictor.Duron@bcsh .ca .gov I haga@fresnocountyca .gov All requests to update the Grantee information listed within this Agreement shall be emailed to the Homeless Coordinating and Financing Council's general email box at hhap@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: i) Grantees that are counties must contractually obligate 100 percent of their full program allocations on or before May 31, 2023. ii) Grantees that are cities or continuums of care must contractually obligate no less than 50 percent of program allocations on or before May 31, 2023. iii) Counties that contractually obligate less than 100 percent of program allocations after May 31, 2023 will have their unallocated funds reverted to the CoC 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 CoC, and the Los Angeles Homeless Services Authority CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 7 of 23 Cities or Continuums of Care that , after May 31 , 2023 , have contractually obligated less than 50 percent of program allocations must submit and have approved by the Council an alternative disbursement plan as required under (Health & Safety Code, § 50220 .5 , subdivision (k)(2)). c) Full Expenditure of HHAP-2 Grant Funds i) All HHAP-2 grant funds (100 percent) must be expended by June 30, 2026 . Any funds not expended by that date shall revert to the General Fund (Health & Safety Code , § 50220.5 , subdivision (o)). 7) Special 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. _Sfr Initial Here CA-514 Fresno City & County/Madera County Coe 21-HHAP-00064 Page 8 of 23 Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2) Standard Agreement EXHIBIT B BUDGET DETAIL and DISBURSEMENT PROVISIONS 1) Budget Detail & Changes The Grantee agrees that HHAP-2 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 people experiencing homelessness into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing . The Grantee shall expend HHAP-2 funds on eligible activities as detailed in the expenditure plan and funding plan submitted with the Grantee's approved application. The Grantee shall submit an updated funding plan with the annual report that revises and reports all actual and projected expenditures of HHAP-2 funds. a) BudgetChanges i) 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 expenditure plan approved with the Grantee 's application . ii) Any decrease or increase to the total expenditures for any eligible use category must otherwise be approved by the Council's HHAP-2 Grant Manager or his/her designee , in writing , before the Grantee may expend HHAP-2 funds according to an alternative expenditure plan . The HHAP-2 Grant Manager will respond to Grantee with approval or denial of request. Failure to obtain written approval from the Grant Manager or his/her designee as required by this section may be considered a breach of this Agreement. A breach of this agreement may result in remedies listed within Exhibit C of this agreement. 2) General Conditions Prior to Disbursement All Grantees must submit the following forms prior to HHAP-2 funds being released : • Request for Funds Form ("RFF ") • STD 213 Standard Agreement -Two original copies of the signed STD 213 form and initialed Exhibits A through D _:s3_ Initial Here CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 9 of 23 • STD 204 Payee Data Record or Government Agency Taxpayer ID Form 3) Disbursement of Funds HHAP-2 funds will be disbursed to the Grantee upon receipt, rev iew and approval of the completed Standard Agreement and RFF by Agency, the Department of General Services (DGS) and the State Controller's Office (SCO). The RFF must include the proposed eligible uses and the amount of funds proposed for expenditure under each eligible use . HHAP-2 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 .5 and 50220 .5 mandate the following : a) Up to 5 percent of an applicant's HHAP-2 program allocation may be expended for the following uses that are intended to meet federal requirements for housing funding: i) Strategic homelessness plan , as defined in Section 578.?(c) of Title 24 of the Code of Federal Regulations . ii) Infrastructure development to support coordinated entry systems and Homeless Management Information Systems . b) The applicant shall not use more than 7 percent of a HHAP-2 program allocation for administrative costs incurred by the city , county, or Continuum of Care to administer its program allocation . For purposes of this subdivision , "administrative costs " does not include staff or other costs directly related to implementing activities funded by the program allocation . c) A program recipient shall use at least 8 percent of the funds allocated under this section for services for homeless youth populations. d) Recipients of HHAP-2 funds shall comply with Housing First as provided in Chapte r 6 .5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code. e) Grantees that are cities or cont inuums of care shall contractually obl igate no less than 50 percent of HHAP-2 funds by May 31 , 2023. If less than 50 percent is 56 Initia l Here CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 10 of 23 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: i) On or before June 30 , 2023 , the Grantee submits an alternative disbursement plan to HCFC that includes an explanation for the delay and a plan to fully expend these funds by December 31 , 2023. ii) HCFC approves the alternative d isbursement plan or provides the Grantee with guidance on the revisions needed in order to approve the alternative disbursement plan . iii) If the funds identified in the approved alternative disbursement plan are not fully expended by December 31 , 2023 , the funds shall be returned to the HCFC for a subsequent round of awards by HCFC . f) 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 obl igated by this date shall be divided proportionately using the HHAP-2 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 CoC , and the Los Angeles Homeless Services Authority . Counties not obligat ing their full program a ll ocation by May 31 , 2023 are required to notify HCFC , 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 shall provide HCFC with evidence that the funds were transferred and submit an updated budget that clearly identifies the funds that were transferred. g) HHAP-2 funds shall be expended by June 30 , 2026 h) In accordance with Health and Safety Code section 50220 .5 , subdivision (I), HCFC retains the right to require a corrective action plan of grantees that are not on track to fully expend funds by the statutorily required deadline. i) Any funds not expended by June 30 , 2026 shall revert to the General Fund . 5) Ineligible Costs HHAP-2 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 50220.5. CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 11 of 23 HCFC 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-2 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. HCFC , at its sole and absolute discretion, shall make the final determination regarding the allowability of HHAP-2 fund expenditures. Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention . Reimbursements are not permitted in HHAP-2 for any expenditures prior to the date of execution of this Agreement. S0 Initial Here CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 12 of 23 Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2) Standard Agreement EXHIBIT C GENERAL 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 violations 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 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 restrictions , limitations 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, or by any other means , the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit C Section 12 (Special Conditions - Grantees/SubGrantee) or with the prior written approval of HCFC and a formal amendment to this Agreement to affect such subcontract or novation. 3) Grantee's Application for Funds Grantee has submitted to HCFC an application for HHAP-2 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 of Grantee's facts, information , assertions and representations contained in that application. Any subsequent modifications to the original funding plans submitted within the original application must be requested through the formal HHAP Change Request Process and are subject to approval by HCFC. S8 Initial Here CA-514 Fresno City & County/Madera County Coe 21-H HAP-00064 Page 13 of 23 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 , incorrect , incomplete, or misleading in such a manner that would substantially affect HCFC 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 Reports By January 1, 2022 , and annually on that date thereafter until all funds have been expended , the Grantee shall submit an annual report to HCFC in a format provided by HCFC. Annual Reports will include a request for data on expenditures and people served with HHAP-2 funding in addition to details on specific projects selected for the use of HHAP-2 funding. If the Grantee fails to provide such documentation, HCFC may recapture any portion of the amount authorized by this Agreement with a 14-day written notification. No later than January 1, 2027, the Grantee shall submit a final report, in a format provided by HCFC , as well as a detailed explanation of all uses of the Program funds . b) Expenditure Reports In addition to the annual reports, HCFC 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 HCFC on a form and method provided by HCFC 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 additional information HCFC deems appropriate or necessary. If the Grantee fails to provide such documentation , HCFC may recapture any portion of the amount authorized by this Agreement with a 14-day written notification. c) Reporting Requirements i) Annual Report: The annual report shall contain detailed information in accordance with Health and Safety Code section 50222, subdivision (a). This information includes the following, as well as any additional information deemed appropriate or necessary by HCFC : (1) Data collection shall include, but not be limited to , information regarding individuals and families served, including demographic information , information regarding partnerships among entities or lack thereof, and participant and regional outcomes. Initial Here CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 14 of 23 (2) The performance monitoring and accountability framework shall include clear metrics, which may include , but are not limited to, the following : (a) The number of individual exits to permanent housing , as defined by the United States Department of Housing and Urban Development, from unsheltered environments and interim housing resulting from this funding . (b) Racial equity, as defined by the council in consultation with representatives of state and local agencies , service providers , the Legislature, and other stakeholders. (c) Any other metrics deemed appropriate by the council and developed in coordination with representatives of state and local agencies , advocates , service providers , and the Legislature . (3) Data collection and reporting requirements shall support the efficient and effective administration of the program and enable the mon itoring of jurisdiction performance and program outcomes. ii) Expenditure Report : The expenditure report shall contain data on expenditures of HHAP-2 funding including but not limited to ob ligated funds , expended funds , interest accrued , and other funds derived from HHAP-2 funding. iii) Final Expenditure Plan : During the final fiscal year of reporting , grantees may be required to include a plan to fully expend HHAP-2 grant funding. This plan must be submitted with the quarterly expenditure report in a format to be provided by HCFC. iv) HCFC may require additional supplemental reporting with written notice to the Grantee. v) Grantee may, at their discretion , fully expend their HHAP-2 allocation prior to the end date of the grant term and will not be required to submit quarterly fiscal reports after the quarter in which their allocation was fully expended. d) 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-2 administrative funds may be used to fund this expense . Should an audit be required , the Grantee shall adhere to the following conditions : i) The audit shall be performed by an independent certified public accountant. Srl Initial Here CA-514 Fresno City & County/Madera County CoC 21-H HAP-00064 Page 15 of 23 ii) 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. iii) The Grantee is responsible for the completion of audits and all costs of preparing audits. iv) If there are audit findings, the Grantee must submit a detailed 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 HCFC 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 HCFC, or its designee , with any relevant information requested. The Grantee agrees to give HCFC 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-2 program guidance document published on the website, and this Agreement. In accordance with Health and Safety Code section 50220.5 , subdivision (I), if upon inspection of records HCFC identifies noncompliance with grant requirements HCFC retains the right to impose a corrective action plan on the Grantee. 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, 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 is not limited to , the following events : SB Initial Here CA-514 Fresno City & County/Madera County CoC 21 -H HAP-00064 Page 16 of 23 i) Grantee 's failure to comply with the terms or conditions of this Agreement. ii) Use of, or permitting the use of, HHAP-2 funds provided under this Agreement for any ineligible activities. iii) Any failure to comply with the deadlines set forth in 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: i) Bar the Grantee from applying for future HHAP funds ; ii) Revoke any other existing HHAP-2 award(s) to the Grantee ; iii) Require the return of any unexpended HHAP -2 funds disbursed under this Agreement ; iv) Require repayment of HHAP-2 funds disbursed and expended under this Agreement ; v) Require the immediate return to Agency of all funds derived from the use of HHAP-2 funds vi) Seek , in a court of competent jurisdiction , an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with HHAP-2 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 requ ire 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 prov isions. 8) 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 AIDS), mental disability, medical condition (cancer/genetic characteristics), age s6 Initial Here CA-514 Fresno City & County/Madera County Coe 21-H HAP-00064 Page 17 of 23 (over 40), genetic information, marital status, military and veteran status , and denial of medical and family care leave or pregnancy disability leave. Grantees and Sub grantees 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 California '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 et seq .); and the provisions of Article 9.5 , Chapter 1, Part 1, Division 3 , Title 2 of the Government Code (Gov. Code, §§ 11135 -11139 .5). Grantee and its subrecipients shall give written notice of their obligations 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 and Safety Code section 50220 .5 , subdivision (i) 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 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 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 1090 and Public Contract Code sections 10410 and 10411. 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 Grantee 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 s~ Initial Here CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 18 of 23 general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service . 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 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 . 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 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 : 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, subdivision (a)(1). a) 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: i) The dangers of drug abuse in the workplace; ii) Grantee's policy of maintaining a drug-free workplace; iii) Any available counseling, rehabilitation , and employee assistance program ; and iv) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations. b) Provide, as required by Government Code section 8355 , subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement: i) Will receive a copy of Grantee's drug-free policy statement, and S8 Initial Here CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 19 of 23 ii) 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 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 Grantee, 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. 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-2 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 : i) Perform the work in accordance with Federal, State and Local housing and building codes, as applicable . ii) Maintain at least the minimum State-required worker's compensation for those employees who will perform the work or any part of it. iii) 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. iv) Agree to include all the terms of this Agreement in each subcontract. 13)Compliance with State and Federal Laws, Rules, Guidelines and Regulations Initial Here CA-514 Fresno City & County/Madera County CoC ' 21-HHAP-00064 Page 20 of 23 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 , environmental protection, equal opportunity , fair housing , and all other matters applicable and/or related to the HHAP-2 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 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 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 . Grantee shall provide copies of permits and approvals to HCFC 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) HCFC 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 . 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 HCFC 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. In itial Here CA-514 Fresno City & County/Madera County CoC 21-H HAP-00064 Page 21 of 23 Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2) 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-2 funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of HHAP-2 funds, must be used for HHAP-2-eligible activities and reported on as required by Agency. 2) Per Health and Safety Code Section 50220 .5 (g), any housing-related activities funded with HHAP-2 funds, including 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 Housing First, as described in Welfare and Institutions Code section 8255, subdivision (b). Individuals and families assisted with these funds must not be required to receive treatment or perform any other prerequisite activities as a condition for receiving shelter, housing, or other services for which these funds are used. In addition, HHAP-2 funding shall be used to adopt a Housing First approach within the entire local homelessness response system, including outreach and emergency shelter, short-term interventions like rapid re-housing, and longer-term interventions like supportive housing . 3) Grantee shall utilize its local Homeless Management Information System (HMIS) to track HHAP-2-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 identify individual projects , services, and clients that are supported by HHAP-2 funding (e.g ., by creating appropriate HHAP-2-specific funding sources and project codes in HMIS). 4) Grantee shall participate in and provide data elements, including , but not limited to , health information, in a manner consistent with federal law, to the statewide Homeless Management Information System (known as the Homeless Data Integration System or "HDIS"), in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code section 50220.6. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). For purposes of this paragraph, "health information" means "protected health information," as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and "medical information," as defined in subdivision U) of Section 56 .05 of the Civil Code. The Council may, as required by operational SB Initial Here CA-514 Fresno City & County/Madera County Coe 21-H HAP-00064 Page 22 of 23 necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. 5) Grantee shall include in their annual report and upon request from HCFC an update on progress towards meeting goals provided within Section 4 : HHAP Round 2 Goals of the HHAP-2 application. Grantees will report on these goals in a manner and format provided to Grantee by HCFC . 6) Grantee agrees to accept technical assistance as directed by HCFC or by a contracted technical assistance provider acting on behalf of HCFC and report to HCFC on programmatic changes the grantee will make as a result of the technical assistance and in support of their grant goals . 7) Grantee agrees to demonstrate a commitment to racial equity and , per Section 50222 (a)(2)(B), the grantee shall use data provided through HDIS to analyze racial disproportionality in homeless populations and , in partnership with HCFC, establish clear metrics and performance monitoring for achieving equity in provision of services and outcomes for Black, Native, and Indigenous , Latinx, Asian, Pacific Islanders and other People of Color who are disproportionately impacted by homelessness and COVID-19 8) Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience. SB Initial Here CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 23 of 23 Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2) Standard Agreement EXHIBIT E STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS This exhibit is incorporated by reference and made part of this agreement. The General Terms and Conditions (GTC 04/2017) can be viewed at the following link : https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017- F I NALapril2017. pdf?la=en&hash=3A64979F777D5B9D35309433EE81969FD69052D2 In the interpretation of this Agreement, any inconsistencies between the State of California General Terms and Conditions (GTC -04/2017) and the terms of this Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and its exhibits/attachments . s B Initial Here FOR ACCOUNTING USE ONLY: SRF Org: 1132 Homeless Services Fund: 0065 Subclass: 17237 Account: 3575 - State Other