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HomeMy WebLinkAboutAgreement A-21-489 with WestCare California Inc..pdfCOUNTY OF FRESNO Fresno, CA -1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AMENDMENT I TO AGREEMENT No. 19-259 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 WestCare California, Inc., a California Non-Profit Corporation, whose address is 1900 N. Gateway Blvd., Suite 100, Fresno, CA 93727 hereinafter referred to as “SUBRECIPIENT.” W I T N E S S E T H: 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, Statues of 2018); and WHEREAS, COUNTY is the Administrative Entity for California Emergency Solutions and Housing (CESH) grant funds awarded to the FMCoC by the California Department of Housing and Community Development (HCD), as authorized by SB 850 (Chapter 48, Statutes of 2018); and WHEREAS, the FMCoC has a need for coordinated homeless services to address the homelessness crisis throughout the Counties of Fresno and Madera and, therefore, the COUNTY, as the Administrative Entity for FMCoC, and SUBRECIPEINT entered into Agreement No. 19-259, dated the 4th of June 2019, for SUBRECIPIENT to provide such coordinated homeless services, providing diversion services; and WHEREAS, COUNTY is the Administrative Entity for 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. 19-259 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: Agreement No. 21-489 16th November COUNTY OF FRESNO Fresno, CA -2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1.That the existing County Agreement No. 19-259, Page one (1), line twenty-one (21), beginning with the number “1” and ending on page three (3), line twelve (12) with the word “DSS,” be deleted and the following inserted into its place: “1. OBLIGATIONS A.SUBRECIPIENT shall perform all services and fulfill all responsibilities to provide diversion services 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 in part 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 COUNTY OF FRESNO Fresno, CA -3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, 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, as the Administrative Entity for CESH grant funds awarded to FMCoC, has entered into an agreement with the State of California for CESH funding (Agreement No. 19-452), 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 CESH funding allocated to the COUNTY and, therefore, SUBRECIPIENT shall be aware of, agree to, and comply with all State requirements governing the use of CESH 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 has entered into an agreement for HHAP grant funds awarded to COUNTY with the State of California HHAP funding (Agreement No. 20-HHAP-00096), 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 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 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. 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 F and is incorporated herein by this COUNTY OF FRESNO Fresno, CA -4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 F. Failure to comply with these requirements and conditions may result in termination of this Agreement pursuant to Section Three (3) of this Agreement. I.In the event of any inconsistency among the documents described in Paragraphs One (1) A, B, C, D, E, F, G, and H 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 SUBRECIPEINT’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 the existing County Agreement No. 19-259, Page Three (3), Section Two (2) beginning with Line Thirteen (13), with the number “2” and ending on Page Three (3), Line Fifteen (15) with the year “2021,” be deleted and the following inserted in its place: “2. TERM This Agreement shall be effective on the 4th of June 2019, though and including November 30, 2023.” 3.That the existing County Agreement No. 19-259, page Four (4), Section Four (4) beginning with Line Ten (10), with the number “4” and ending on Page Five (5), Line Ten (10) with the word “Agreement,” be deleted and the following be inserted in 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 actual services performed under this Agreement be in excess of Two COUNTY OF FRESNO Fresno, CA -5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Million, Four Thousand and No/100 Dollars ($2,004,000). For the period of June 4, 2019 to May 31, 2021, in no event shall services performed under this Agreement exceed One Million and No/100 Dollars ($1,000,000). For the period of June 1, 2021 to November 30, 2021, in no event shall services performed under this Agreement exceed Two Hundred Thousand and No/100 Dollars ($200,000). For the period of December 1, 2021 to November 30, 2022, in no event shall services performed under this Agreement exceed Four Hundred Two Thousand and No/100 Dollars ($402,000). For the period of December 1, 2022 to November 30, 2023, in no event shall services performed under this Agreement exceed Four Hundred Two Thousand and No/100 Dollars ($402,000). 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 provisions of the Agreement, COUNTY shall be relieved of its obligation for further compensation. Any compensation which is not expended by SUBRECIPIENT pursuant to the terms and conditions of this Agreement shall automatically revert to COUNTY. The services provided by the SUBRECIPIENT under this Agreement are funded in whole or in part by the State of California. In the event that funding for these services is delayed by the State Controller, COUNTY may defer payments 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 for the first twelve (12) months 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 twelfth months of this Agreement.” COUNTY OF FRESNO Fresno, CA -6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4.That all references in existing COUNTY Agreement No. 19-259 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 existing COUNTY Agreement No. 19-259 to Exhibit B shall be changed to read “Revised Exhibit B,” which is attached hereto and incorporated herein by this reference. 6.That all references in existing COUNTY Agreement No. 19-259 to Exhibit D (Self- Dealing Transaction Disclosure Form) shall be changed to read “Exhibit G,” which is attached hereto and incorporated herein by this reference. 7.ELECTRONIC SIGNATURE: The parties agree that this Amendment may be executed by electronic signature as provided in this section. An “electronic signature” means any symbol or process intended by an individual signing this Amendment to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to this Amendment (1) is deemed equivalent to a valid original handwritten signature of the person signing this Amendment for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation. This Amendment is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Amendment with an original handwritten signature. COUNTY and SUBRECIPIENT agree that this Amendment is sufficient to amend Agreement No. 19-259 and, that upon execution of this Amendment, the original Agreement and this Amendment, shall together be considered the Agreement. COUNTY OF FRESNO Fresno, CA -7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 on the day first written hereinabove. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and 2 year first hereinabove written. 3 ATTEST: 4 5 6 7 CONTRACTOR: WestCare California, Inc. 8 Tille: C C1 0 g Chairman of the Board , or President, or any Vice President 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mailing Address: 1900 N. Gateway Blvd., Suite 100, Fresno, CA 93727 Phone No.: (559) 251-4800 Contact: Deputy Chief Operating Officer Fund/Subclass: 0001/10000 Organization: 56107114 AccounUProgram : 7870 DEN:sgv COUNTY OF FRESNO //~ Steven Brandau, 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 -8 -COU NTY OF FRESNO Fresno, Cr\ Revised Exhibit A Page 1 of 3 SUMMARY OF SERVICES ORGANIZATION: WestCare California, Inc. ADDRESS: 1900 N. Gateway Blvd., Suite 100, Fresno, CA 93727 TELEPHONE: (559)251-4800 CONTACT: Shawn Jenkins, Deputy Chief Operating Officer EMAIL: shawn.jenkins@Westcare.com CONTRACT: Diversion Services CONTRACT TERM: June 4, 2019 to November 30, 2023 CONTRACT AMOUNT: $ 2,004,000 SUMMARY OF SERVICES WestCare California, Inc. (WestCare) shall provide Diversion services in Fresno and Madera Counties. Diversion is a strategy that prevents homelessness for people seeking shelter by empowering them to identify immediate alternate housing arrangements and, if necessary, connects them with services and financial assistance to help them return to permanent housing. The Diversion program will employ creative strategies, structured problem solving, and support for households in crisis to resolve their current housing crisis. Diversion services shall be offered in coordination with other complementary services, as part of the path from homelessness to permanent housing stability. TARGET POPULATION The target population of Diversion services is individuals or families that are experiencing homelessness or are at imminent risk of homelessness in Fresno and Madera Counties. DIVERSION SERVICES 1. Short-Term Case Management: WestCare Diversion specialists will engage clients seeking shelter in problem-solving conversations to identify safe alternatives to shelter, based on the client’s own available resources rather than those of the homeless services system. Case management will be both strengths-based and client-driven. Diversion specialists will provide connection to community resources and service options including assessing housing and service needs; Diversion specialists will arrange, coordinate, and monitor the delivery of individualized services. Diversion specialists will follow up with participants 30 days following exit from the program. Although financial assistance cannot be provided at follow-up, the Diversion specialist may make additional referrals to mainstream services. If no realistic options for safe housing emerge through the Diversion conversation, clients will proceed with the standard Coordinated Entry or emergency shelter process and will be assessed for deeper interventions. For those Revised Exhibit A Page 2 of 3 fleeing domestic violence, the Diversion process is bypassed and they will be referred to appropriate services, including shelter. 2.Financial Assistance: Provide discretionary, one-time financial assistance to remove immediate barriers to obtaining safe housing or to ease the transition out of homelessness. Expenditures may include: rental payments, utility payments, security/utility deposits, background checks, moving expenses, landlord fees, transportation, job certification and licenses, work supplies, or interpreter services, and any other reasonable expenditures necessary to avoid prolonged periods of homelessness and shelter stays. Not all households receiving Diversion services will require financial assistance to be connected to a successful exit from the program. 3.Housing Search and Placement: Provide services and activities necessary to assist program participants in locating, obtaining, and retaining safe permanent housing. Services may include: generating housing leads for households by leveraging their existing relationships with landlords; assessment of housing barriers, participant needs and preferences; development of a housing action plan; landlord outreach and negotiation; assistance with submitting rental applications and understanding leases; assessment of housing for compliance with habitability, lead-based paint, and rent reasonableness requirements; assistance with setting up utilities and making moving arrangement; and tenant counseling. 4.Mediation or Conflict Resolution: WestCare Diversion specialists will provide mediation between the program participant and the landlord, relatives, or person(s) who may be able to offer appropriate permanent housing or assist the program participant in quickly returning to the permanent housing they recently lost. 5.Connection to Community Resources: Connect clients with community resources and service options, including legal services, health care, vocational assistance, transportation, child care, and other forms of assistance. 6.Diversion Training: Provide training to the Fresno Madera Continuum of Care (FMCoC) to enhance the coordination between agencies and to ensure Diversion practices are uniformly applied at all Coordinated Entry System (CES) points of contact. Diversion training opportunities will be provided at least once quarterly to organizations and staff that serve as FMCoC approved access points or assessment sites. WestCare will serve as the lead for coordinating training for FMCoC members related to Diversion strategies and pre-screening procedures. This will include consulting with the FMCoC regarding training topics and the number of trainings required each year. SUBRECIPIENT RESPONSIBILITIES WestCare shall: •Provide annual Civil Rights training to their staff in the beginning of every calendar year and will provide relevant proof to the County of Fresno by April 1. •Provide Diversion services described above to individuals and families at the “front door” of Triage Center and Access site locations as well as clients referred through the FMCoC’s CES. •Co-locate Diversion services at Triage Center locations in Metro Fresno or Metro Madera with thirty (30) or more emergency shelter beds. Revised Exhibit A Page 3 of 3 •Assess all clients referred for Diversion services for eligibility to program services using criteria, including but not limited to: literal homelessness, current housing situation, available housing options and resources, and household income. •Offer mobile Diversion services, which may include tele- or video-conferencing. Diversion specialists must be available to travel to and serve both metro and rural areas of Fresno and Madera Counties. •Prioritize program participants through the FMCoC CES in consultation with participating CES agencies. •WestCare must be responsive to requests for Diversion services from other homeless service providers. Households that have been identified by Triage Center staff as potential candidates for Diversion services will be referred to the WestCare Diversion program for assessment. •Enter participant data into the Homeless Management Information System (HMIS) in order to comply with HEAP, CESH, HHAP, and HUD data collection, management, and reporting standards. PERFORMANCE MEASUREMENTS AND OUTCOMES WestCare 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. WestCare shall meet the following outcomes: •Provide Diversion services to a minimum of 300 participants per each 12-month period of the 54-month contract period. A minimum of 1,350 participants will be served for the entire contract period. •A minimum of 50% of participants will be connected to appropriate permanent housing. •Provide direct financial assistance to a maximum of 150 participants per each 12-month period of the 54-month contract period. •Diversion program participants will attain a successful exit from the program within 30 days. •Provide Diversion training to FMCoC members at least once quarterly. All FMCoC members will be offered Diversion training during the contract term. Revised Exhibit B Page 1 of 4 BUDGET SUMMARY ORGANIZATION: WestCare California, Inc. SERVICES: Diversion Services Program CONTRACT TERM: June 4, 2019 to May 31, 2021 CONTRACT AMOUNT: $1,000,000 Budget Categories Amount Personnel Salaries 3 FTE Diversion Specialists Payroll Taxes Benefits Subtotal $292,963 Services & Supplies Case Management Housing Search and Placement Mediation/Conflict Resolution Insurance Communication Office Expenses Equipment Travel Costs Program Supplies Fiscal & Audits Training Subtotal $93,645 Direct Financial Assistance Rental Assistance Utility Payments Security/Utility Deposits Moving Costs Transportation Costs Landlord Fees/Background Checks Job Certification and License Work Supplies Interpreter Services Subtotal $498,483 Diversion Training and Supplies Diversion Training Diversion Supplies Subtotal $24,000 Indirect Costs Indirect Costs Subtotal $90,909 Total $1,000,000 Revised Exhibit B Page 2 of 4 BUDGET SUMMARY ORGANIZATION: WestCare California, Inc. SERVICES: Diversion Services Program CONTRACT TERM: June 1, 2021 to November 30, 2021 CONTRACT AMOUNT: $200,000 Budget Categories Amount Personnel Salaries 3 FTE Diversion Specialists Payroll Taxes Benefits Subtotal $75,116 Services & Supplies Case Management Housing Search and Placement Mediation/Conflict Resolution Insurance Communication Office Expenses Equipment Travel Costs Program Supplies Fiscal & Audits Training Subtotal $17,225 Direct Financial Assistance Rental Assistance Utility Payments Security/Utility Deposits Moving Costs Transportation Costs Landlord Fees/Background Checks Job Certification and License Work Supplies Interpreter Services Subtotal $85,727 Diversion Training and Supplies Diversion Training Diversion Supplies Subtotal $3,750 Indirect Costs Indirect Costs Subtotal $18,182 Total $200,000 Revised Exhibit B Page 3 of 4 BUDGET SUMMARY ORGANIZATION: WestCare California, Inc. SERVICES: Diversion Services Program CONTRACT TERM: December 1, 2021 to November 30, 2022 CONTRACT AMOUNT: $402,000 Budget Categories Amount Personnel Salaries 3 FTE Diversion Specialists Payroll Taxes Benefits Subtotal $160,439 Services & Supplies Case Management Housing Search and Placement Mediation/Conflict Resolution Insurance Communication Office Expenses Equipment Travel Costs Program Supplies Fiscal & Audits Training Staff Recruitment Subtotal $39,466 Direct Financial Assistance Rental Assistance Utility Payments Security/Utility Deposits Moving Costs Transportation Costs Landlord Fees/Background Checks Job Certification and License Work Supplies Interpreter Services Subtotal $158,800 Diversion Training and Supplies Diversion Training Diversion Supplies Subtotal $6,750 Indirect Costs Indirect Costs Subtotal $36,545 Total $402,000 Revised Exhibit B Page 4 of 4 BUDGET SUMMARY ORGANIZATION: SERVICES: CONTRACT TERM: CONTRACT AMOUNT: WestCare California, Inc. Diversion Services Program December 1, 2022 to November 30, 2023 $402,000 Budget Categories Amount Personnel Salaries 3 FTE Diversion Specialists Payroll Taxes Benefits Subtotal $167,954 Services & Supplies Case Management Housing Search and Placement Mediation/Conflict Resolution Insurance Communication Office Expenses Equipment Travel Costs Program Supplies Fiscal & Audits Training Staff Recruitment Subtotal $38,576 Direct Financial Assistance Rental Assistance Utility Payments Security/Utility Deposits Moving Costs Transportation Costs Landlord Fees/Background Checks Job Certification and License Work Supplies Interpreter Services Subtotal $153,175 Diversion Training and Supplies Diversion Training Diversion Supplies Subtotal $5,750 Indirect Costs Indirect Costs Subtotal $36,545 Total $402,000 Exhibit D Page 1 of 14 Exhibit D Page 2 of 14 Exhibit D Page 3 of 14 Exhibit D Page 4 of 14 Exhibit D Page 5 of 14 Exhibit D Page 6 of 14 Exhibit D Page 7 of 14 Exhibit D Page 8 of 14 Exhibit D Page 9 of 14 Exhibit D Page 10 of 14 Exhibit D Page 11 of 14 Exhibit D Page 12 of 14 Exhibit D Page 13 of 14 Exhibit D Page 14 of 14 Agreement No . 20-196 STATE OF CALIFORNIA -DEPARTMENT OF GENERAL SERVICES ..--------------~-------------~ STANDARD AGREEMENT AGREEMEN T NUMBER 20-HHAP-00096 PURCHASING AUTHORITY NUMBER (If Applicable ) STD 213 (Rev . 03 /2019) 1. This Agreement is entered into between the Contracting Agency and the Contractor named belo w: CONTRACTING AGENCY NAME Business, Consumer Services, and Housing Agency CONTRACTOR NAME County of Fresno 2. The term of this Agreement is : START DATE Upon BCSH Approval THROUGH END DATE 06 /30 /2025 3. The maximum 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 Exhibit B Budget Detail and Payment Provis ions Exhibit C Homeless Coord in ating and Financing Council Terms and Conditions + -Exhibit D Special Terms and Conditions - + -Exhibit E* General Terms and Conditions - Items shown with an asterisk(*), are hereb inco~ orated b reference and made art of this a reement as if attached hereto. y p y p g These documents can be viewed at https:/lwww.dqs.ca.g ov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME (i f other than an individual, state w hethe r a corporation, partnership, etc.) County of Fresno ------------ATTEST: CO NTRACTOR BUSINESS ADDRESS PO Bo x 24055 PRI NTED NAME OF PERSON SIGNING Ernest Buddy Mendes ------------ CONTRACTOR AUTHORIZED SIGNATURE BERNICE E. SEIDEL Clerk of the Board of Superv isors CountY. of Fr:sno~California Bd .J::fo.--~ Deputy CITY STATE Fresno CA TITLE Chairman, Board of Supervisors DATE SIGNED Pages 1-6 7-11 12-21 22 23 ZIP 93612 Page 1 of 2 Exhibit E Page 1 of 26 Exhibit E Page 2 of 26 For Accounting use only:  Fund: 0065  Subclass: 17237  Org: 1132  Account: 3575‐State Other  Exhibit E Page 3 of 26 1. Authority Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK County of Fresno 20-H HAP-00096 Page 1 of 23 The State of California has established the Homeless Housing , Assistance , and Prevention Program ("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 (AB. 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 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 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 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 provide one-time block grant funding 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 of those individuals and families to maintain their 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 Prevention Program NOFA Date : December 6, 2019 Exhibit E Page 4 of 26 County of Fresno 20-HHAP-00096 Page 2 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT A SCOPE OF WORK 3.Definitions 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 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. (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 Exhibit E Page 5 of 26 County of Fresno 20-HHAP-00096 Page 3 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT A SCOPE OF WORK 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. (j)“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 attem pt 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 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. (l)“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. (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, Assistance, and Prevention program established pursuant to this chapter. Exhibit E Page 6 of 26 County of Fresno 20-HHAP-00096 Page 4 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 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 ($650,000,000). (q)“Recipient” means a jurisdiction that receives funds from the agency for the purposes of the program. Additional definitions for the purposes of the 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 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 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 obligate the funds by the same statutory deadlines. “Grantee” 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 funding. 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 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. Exhibit E Page 7 of 26 County of Fresno 20-HHAP-00096 Page 5 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 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 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.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 mailed to the Agency Contract Coordinator . If there are opportunities to send information electronically, Grantee will 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: PROGRAM GRANTEE ENTITY: Business Consumer Services and Housing Agency County of Fresno SECTION/UNIT: Homeless Coordinating and Financing Council (HCFC) ADDRESS: 915 Capitol Mall Suite 350-A Sacramento, CA 95814 PO Box 24055 Fresno, California 93612 CONTRACT MANAGER Amber Ostrander Laura Moreno Program Manager PHONE NUMBER: 916-651-7995 559-600-2335 EMAIL ADDRESS: Amber.Ostrander@bcsh.ca.gov lhaga@fresnocountyca.gov Exhibit E Page 8 of 26 County of Fresno 20-HHAP-00096 Page 6 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 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 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 b y 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 continuums of care must contractually obligate no less than 50 percent of program allocations on or before May 31, 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 of HHAP Grant Funds • All HHAP grant funds (100 percent) must be expended by June 30, 2025. Any funds not expended by that date shall revert to the General Fund . (Health & Safety Code, § 50220, subdivision (e).) 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. Exhibit E Page 9 of 26 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. Budget Detail & Changes County of Fresno 20-H HAP-00096 Page 7 of 23 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 into permanent housing and supporting the efforts of those individuals 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 Manager will respond to Grantee with approval or den ial 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. 2. General Conditions 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 , Assistance and Prevention Program NOFA Date : December 6 , 2019 Exhibit E Page 10 of 26 County of Fresno 20-HHAP-00096 Page 8 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 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 Controller’s Office (SCO). Once 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 following: A.Up to 5 percent of the HHAP allocation may be expended for the following uses that are 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 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: Exhibit E Page 11 of 26 County of Fresno 20-HHAP-00096 Page 9 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 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 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. 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 shall provide 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, 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 requirements are applicable: A.Reimbursement is not permitted for activities occurring prior to July 1, 2019. Exhibit E Page 12 of 26 County of Fresno 20-HHAP-00096 Page 10 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT B 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 Program and the eligible 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. Exhibit E Page 13 of 26 County of Fresno 20-HHAP-00096 Page 11 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 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 of total 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. Exhibit E Page 14 of 26 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C County of Fresno 20-HHAP-00096 Page 12 of 23 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 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 with the prior written approval of Agency and a formal amendment to this Agreement to affect such subcontract or novation. 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 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 26 County of Fresno 20-HHAP-00096 Page 13 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT C 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, co rrect, 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 Agenc y 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 explanation of all uses of the Program funds. B.Reporting Requirements The annual report shall contain detailed information in 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 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 year, and a total number served in all years of the Program, as well as the homeless populations served. 3.The types of housing assistance provided, broken out by the number of individuals. Exhibit E Page 16 of 26 County of Fresno 20-HHAP-00096 Page 14 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 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 o f 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 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 uses 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 expense. 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 preparing audits. 4.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 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 Exhibit E Page 17 of 26 County of Fresno 20-HHAP-00096 Page 15 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT C 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, 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: 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 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; Exhibit E Page 18 of 26 County of Fresno 20-HHAP-00096 Page 16 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT C 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, 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.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 (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Grantees and subGrantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and ha rassment. 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 Exhibit E Page 19 of 26 County of Fresno 20-HHAP-00096 Page 17 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 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.Conflict of Interest All Grantees are subject to state and federal conflict of interest laws. For instance, Health and 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 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 general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service. C. Exhibit E Page 20 of 26 County of Fresno 20-HHAP-00096 Page 18 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT C 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, 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: 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, 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 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. Exhibit E Page 21 of 26 County of Fresno 20-HHAP-00096 Page 19 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT C 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 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 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. Exhibit E Page 22 of 26 County of Fresno 20-HHAP-00096 Page 20 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT C 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, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the HHAP program, the Grantee, its subrecipients, a nd 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 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 acco rdance 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. Exhibit E Page 23 of 26 County of Fresno 20-HHAP-00096 Page 21 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT C 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. Exhibit E Page 24 of 26 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT D SPECIAL TERMS AND CONDITIONS County of Fresno 20-HHAP-00096 Page 22 of 23 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 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, 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 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 California continuums of care through the HMIS, and sign any required data use agreements allowing Agency to access Grantee's HMIS data for that 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)(?) and (10). 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 Housing, Assistance and Prevention Program NOFA Date : December 6 , 2019 Exhibit E Page 25 of 26 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT E GENERAL TERMS AND CONDITIONS County of Fresno 20-H HAP-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 26 of 26 Exhibit F Page 1 of 25 Exhibit F Page 2 of 25 Exhibit F Page 3 of 25 Exhibit F Page 4 of 25 Exhibit F Page 5 of 25 Exhibit F Page 6 of 25 Exhibit F Page 7 of 25 Exhibit F Page 8 of 25 Exhibit F Page 9 of 25 Exhibit F Page 10 of 25 Exhibit F Page 11 of 25 Exhibit F Page 12 of 25 Exhibit F Page 13 of 25 Exhibit F Page 14 of 25 Exhibit F Page 15 of 25 Exhibit F Page 16 of 25 Exhibit F Page 17 of 25 Exhibit F Page 18 of 25 Exhibit F Page 19 of 25 Exhibit F Page 20 of 25 Exhibit F Page 21 of 25 Exhibit F Page 22 of 25 Exhibit F Page 23 of 25 Exhibit F Page 24 of 25 Exhibit F Page 25 of 25 Exhibit G 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 G 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: