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HomeMy WebLinkAboutHHAP MOU - DSS DBH - Fully Executed 2.pdf 1 MEMORANDUM OF UNDERSTANDING 2 3 This MEMORA DUM OF UNDERSTANDING, herein referred to as MOU, made this 4 -A- day of 2021, by and between the DEPARTMENT OF BEHAVIORAL 5 HEALTH, hereinafter referred to as DBH, and the DEPARTMENT OF SOCIAL SERVICES, 6 hereinafter referred to as DSS, both separate departments of the COUNTY OF FRESNO. 7 WITNESSETH: 8 WHEREAS, the County has applied for and received funds to administer and implement the 9 Homeless Housing, Assistance and Prevention (HHAP) Grant, in accordance with the provisions of AB 10 101 (Committee on Budget, Chapter 159, Statutes of 2019), Health and Safety Code, section 11 50219(c)(1-8); and 12 WHEREAS, DSS has developed and submitted to the State of California, an application 13 meeting the requirements of the Health and Safety Code, section 59219(c)(1-8) and entered into 14 Standard Agreement No. 20-HHAP-00096, attached hereto and by this reference incorporated 15 herein and made part of this MOU as"Exhibit A", to deliver outreach, engagement, and linkage 16 services to individuals experiencing homelessness; and 17 WHEREAS, on July 1, 2015, the County Board of Supervisors executed an agreement with 18 Kings View Corporation ("Kings View")to provide outreach, engagement, and linkage services; and 19 WHEREAS, on April 28, 2020, the County Board of Supervisors executed an amendment to 20 the agreement with Kings View to reflect HHAP funds to be paid for the outreach, engagement, and 21 linkage component of the PATH Agreement; and 22 WHEREAS, DBH, through said agreement, is willing and able to oversee outreach, 23 engagement, and linkage services to individuals experiencing homelessness; and 24 WHEREAS, DBH has personnel skilled in the provision of such services. 25 NOW THEREFORE, in consideration of their mutual promises as hereinafter set forth, the 26 parties agree as follows: 27 1. AGENCY, PROGRAM, AND ACTIVITY DESCRIPTION 28 A. DBH agrees to provide all services as specified in this MOU and as set forth in Exhibit 1 1 A, "Scope of Work" attached hereto and by this reference incorporated herein and made part of this 2 MOU. 3 B. DSS may request additional services from DBH, which are not otherwise provided for 4 in this MOU, which DBH, at its sole discretion, may choose to provide. If DBH is unable to provide 5 said additional services to DSS when requested, DBH shall immediately notify DSS. Compensation 6 for any such additional services shall be mutually agreed upon and provided within the scope of this 7 MOU as determined by the DBH Director, or designee and DSS Director or designee, unless DBH 8 and DSS agree otherwise in writing. 9 2. PAYMENT FOR THE PROGRAM 10 A. DBH agrees to receive compensation for actual services provided pursuant to Section 11 One (1) of this MOU and as identified in said Exhibit B, "Budget Summary" attached hereto and by 12 this reference incorporated herein and made part of this MOU. For the period of July 1, 2020 13 through June 30, 2021 in no event shall actual services performed under this MOU be in excess of 14 One Hundred Eighty-Three Thousand Five Hundred Thirty-Two and No/100 Dollars ($183,532). For 15 the period of July 1, 2021 through June 30, 2022 in no event shall actual services performed under 16 this MOU be in excess of Sixty-Six Thousand Four Hundred Sixty-Eight and No/100 Dollars 17 ($66,468). The cumulative total of this Agreement shall not be in excess of Two Hundred Fifty 18 Thousand and No/100 Dollars ($250,000). It is understood that all expenses incidental to DBH 19 performance of services under this MOU shall be borne by DBH, including but not limited to any 20 and all personnel, equipment, and supplies required in the performance of these services. 21 B. Journal Voucher Reimbursement DBH shall request reimbursement from DSS 22 based on actual expenditures and submit an invoice monthly via email to: 23 dssinvoices(a)fresnocountyca.gov, by the 1011 of the following month for the prior month's 24 expenditures. Prior to submission to DSS, the invoice shall be reviewed, approved, and signed by a 25 DBH representative who is authorized to certify actual services were performed and reimbursement 26 requests represent actual costs. Requests for payment shall include supporting programmatic and 27 financial documentation with information including but not limited to monthly activity reports, a year- 28 to-date statement and back-up documentation, a summary of charges for which DBH is seeking 2 1 reimbursement, and copies of the supporting documentation for the period(s) during which costs 2 were incurred. 3 C. Reimbursement for services rendered under this MOU shall not be made until said 4 invoice and supporting documentation, as identified hereinabove, are received and reviewed by 5 DSS. If the invoice is incorrect or is otherwise not in proper form or substance, DSS shall have the 6 right to withhold payment as to only that portion of the invoice that is incorrect or improper. 7 Payments by DSS shall be in arrears for services provided during the preceding month, within forty- 8 five (45) days after receipt and verification of DBH's invoice by DSS. Upon receipt, verification, and 9 approval of the submitted invoice and requested documentation, DSS shall process said invoice for 10 payment to DBH. 11 D. Once the invoice has been approved for payment by DSS, DSS shall prepare an 12 MOU Journal Voucher to reimburse DBH for actual expenditures. The DBH Journal Vouchers shall 13 be subject to County, State, and Federal audits. 14 E. All costs shall be supported by properly executed payrolls, time records, invoices, 15 vouchers, orders or other accounting documents pertaining in whole or in part to this MOU and shall 16 be clearly identified and readily accessible. The support documentation must indicate the line item 17 budget account to which the cost is charged, if applicable. 18 3. CONFIDENTIALITY 19 All services performed by DBH under this Agreement shall be in strict conformance with all 20 applicable Federal, State of California, and/or local laws and regulations relating to confidentiality. 21 4. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 22 DBH, its officers, consultants, subcontractors, agents, and employees shall comply with all 23 applicable State, Federal, and local laws and regulations governing projects that utilize Federal 24 Funds. 25 5. NON-DISCRIMINATION 26 During the performance of this MOU, DBH shall not unlawfully discriminate against any 27 employee or applicant for employment, or recipient of services, because of race, religion, color, 28 national origin, ancestry, physical disability, medical condition, marital status, age or gender, 3 1 pursuant to all applicable State of California and Federal statutes and regulations. 2 /// 3 6. RETENTION OF RECORDS 4 DBH shall assume responsibility for maintaining detailed records to support its invoices to 5 DSS for services provided under this MOU. DBH shall provide DSS with access to said records for 6 audit purposes. Furthermore, DBH shall retain said records for a minimum of five (5) years following 7 the expiration of this Inter-Departmental Agreement. In the event of any outstanding State of 8 California or Federal audits or exceptions, DBH agrees to retain its records until such audits and 9 exceptions are finalized. 10 7. MODIFICATIONS 11 Any matters of this MOU may be modified from time to time by the written consent of all the 12 parties without, in any way, affecting the remainder. 13 8. NON-ASSIGNMENT 14 Neither party shall assign, transfer or subcontract this MOU nor their rights or duties under 15 this MOU without the prior written consent of the other party. 16 9. TERM 17 Notwithstanding the date of execution of the MOU, it shall be effective on July 1, 2020 and 18 shall terminate on June 30, 2022. 19 10. TERMINATION 20 A. Non-Allocation of Funds —The terms of this MOU, and the services to be provided 21 thereunder, are contingent on the approval of funds by the appropriating government agency. 22 Should sufficient funds not be allocated, the services provided may be modified or this Inter- 23 Departmental Agreement terminated at any time by DSS providing DBH sixty (60) days advance 24 written notice. 25 B. Without Cause — Under circumstances other than those set forth above, this Inter- 26 Departmental Agreement may be terminated by either party upon the giving of sixty (60) days 27 advance written notice of an intention to terminate. However, termination of this MOU Agreement 28 shall not affect any active case service pursuant to this MOU, which shall be handled to their 4 1 conclusion by DBH. 2 /// 3 11. RELATIONSHIP OF PARTIES 4 It is understood that this MOU is by and between two (2) separate departments of the County 5 of Fresno and is not intended to and shall not be construed to create a relationship of agent, servant, 6 employee, partnership, joint venture or association. 7 12. ENTIRE AGREEMENT 8 This Agreement, including all Exhibits, constitutes the entire MOU between DBH and DSS 9 with respect to the subject matter hereof and supersedes all previous agreements, negotiations, 10 proposals, commitments, writings, advertisements, publications, and understandings of any nature 11 whatsoever unless expressly included in this MOU. 12 Exhibit A— Standard Agreement 20-HHAP-00096 13 Exhibit B — Scope of Work 14 Exhibit C — Budget 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 I IN WITNESS WHEREOF, the parties have executed this MOU on the date set forth above. 2 3 COUNTY OF FMESNU 4 DEPARTMENT OF BEHAVIORAL HEALTH 8 7 BY: DATE: 8N5/21 0 Oowon Utecht, Director S 10 COUNTY DFFREGNO 11 DEPARTMENT [)F SOCIAL SERVICES 12 13 14 BY: DATE: 15 UelfinoE. ins. U/rectOr 18 17 Department of Behavioral Health Department of Social Qamioea 18 Fund No.: 00O1 Fund No.: 0001 19 Subclass No.: 10000 Subclass No.: 10000 20 Organization: 56302493 DrganbcaUon: 5G1O7001 21 Account/Program: 5890/0 Aucoun0Prognam: 7295/U 22 23 24 25 28 27 28 6 Exhibit A Page 1 of 25 Agreement No.20-196 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENTNUMBER PURCHASING AUTHORITY NUMBER(if Applicable) STD 213(Rev.03/2.019) 20-H H A P-00096 1,This Agreement Is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME Business,Consumer Services,and Housing Agency CONTRACTOR NAME; County of Fresno 2.The term of this Agreement Is; START DATE Upon BC5H Approval THROUGH END DATE 06/30/2025 3.The maximum amount of this Agreement is: $2,325,640.3`6 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. Exhlblts Title Pages Exhibit Scope of Work 1-6 Exhibit B Budget Detail and Payment Provislons 7-11 Exhlbit C Homeless Coordinating and Fihancing Council Terms and Conditions 12-21 * Exhlbit D Special Terms and Conditions 22 + Exhibit E* General Terms and Conditions 23 Item s sh own with anasterls *,are ere yin-corporate y e rence and rri alliparto i isagreementasi dttached hereto, These documents can be viewed atL !14Zs www dgsco.aoMOL51Resources --- IN WITNESS WHEREOF,THIS AGREEMENTHAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR i CONTRACTOR NAME(If other than an individual,state whethera corporation,partnership;etc,) --County of,Fresno_ _ I CONTRACTOR BUSINESS ADDRESS ATTEST: CITY STATE ZIP BERNICE E.SEII�EL ' PO Box 24055 Cleric of the Board of Supervisors Fresno CA 93612 PRINTED NAME OF PERSON SIGNING County of Fresno State California TITLE I Ernest Buddy Mendes s �J ' Deputy Chairman,Board of Supervisors CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED Page 1 of 2 i Exhibit A Page 2 of 25 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER ::: PURCHASING AUTHORITY NUMBER(If Appllcable) S70 213(Rev.03/2019) 20-HHAP-00096 STATE OF CALIFORNIA CONTRACTING AGENCY NAME Business,Consumer Services,and Housing Agency CONTRACTING AGENCY ADDRESS CITY STATE ZIP 915 Capitol Mall,Suite 350A Sacramento CA 95814 PRINTED NAME OF PERSON SIGNING TITLE Lourdes Castro Ramfrez Secretary CONTRACTING AGENCY HO DSIGNATURE DATESI(;N D � 1f 12-® CALIFORNIA DEPARTMENT 04ENERAL SERVICES APPROVAL EXEMPTION OfAppllcable) I i l i I 1 i Paae 2 of 2 I Exhibit A Page 3 of 25 County of Fresno 20-HHAP-00096 Page 1 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK I. Authority 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 50218) of Part 1 of Division 31 of the Health and Safety Code. (Added by Stats.2019, c. 159 (A.B. 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). 1 i Homeless Housing,Assistance and Prevention Program NOFA Date:December 6, 2019 1 _ Exhibit A Page 4 of 25 County of Fresno 20-HHAP-00096 Page 2 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK 3. Definitions i 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 underthe 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 in formation system designated by a continuum of care to comply with federal reporting requirements as I 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 i Homeless Housing,Assistance and Prevention Program NOF'A Date: December 6, 2019 ! Exhibit A Page 5 of 25 County of Fresno 20-HHAP-00096 Page 3 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORD 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. "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.Ajurisdiction 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. (1) "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 I 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. (a) "Program" means the Homeless Housing, Assistance, and Prevention program established pursuant to this chapter. i Homeless Housing,Assistance and Prevention Program NOFA Date: December 6, 2019 f Exhibit A Page 6 of 25 County of Fresno 20-HHAP-00096 Page 4 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK (p) "Program allocation" means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges; In the amount of six hundred fifty million dollars ($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: f "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. i "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. Dental 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. l Homeless Housing, Assistance and Prevention Program NOPA Date: December 6, 2019 f Exhibit A Page 7 of 25 County of Fresno 20-HHAP-00096 Page 5 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK E. Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations 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: L 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. 6. 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 County of Housing Agency Fresno SECTION/UNIT' Homeless Coordinating and Financing Council(HCFC) 915 Capitol Mall Suite 350-A PO Box 24066 ADDRESS: Sacramento,CA 95814 Fresno,California 93612 a CONTRACT MANAGER Amber Ostrander Launa MorenoProgram Manager PHONE NUMBER: 916-661-7995 559-600-2335 EMAIL ADDRESS: Amber.Ostrander@bcsh.ca.gov Ihaga@fresnocountyca,gov i r Homeless Housing,Assistance and Prevention Program NOFA Date: December 6, 2019 � Exhibit A Page 8 of 25 County of Fresno 20-H HAP-00096 Page 6 of 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK All requests to update the Grantee information listed within this Agreement shall be emailed to the Homeless Coordinating and Financing Council's general email box at hcfc(@-bcsh.ca.gov. The Council reserves the right to change their representative and/or contact information at any time with notice to the Grantee. 6. Effective _Date, Term of Agreement, and Deadlines A. This Agreement is effective upon approval by the Agency (indicated by the signature provided by Agency in the lower left section of page one, Standard Agreement, STD. 213),when signed by all parties. B. Contractual Obligation: Grantees that are counties must contractually obligate 100 percent of their full program allocations on or before May 31, 2023. • Grantees that are cities or 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)(13). 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. Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 i i Exhibit A Page 9 of 25 County of Fresno 20-HHAP-00096 Page 7 of 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. Budget Detail & Changes The Grantee agrees that HHAP funds shall be expended on uses that support regional coordination and expand or develop local capacity to address immediate homelessness challenges, Such activities must be informed by a best-practices framework focused on moving homeless individuals and families 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 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. 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) i B. STD 213 Standard Agreement - 2 original copies of the signed STD 213 form and initialed Exhibits A through E. i 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 i NOFA Date: December 6, 2019 Exhibit A Page 10 of 25 County of Fresno 20-HHAP-00096 Page 8 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 3. Disbursement of Funds HHAP funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Agency, the Department of General Services (DGS) and the State 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(ntehded to meet federal requirements forhouslrig fundiing: _ _ . (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 i been obligated unless and until both of the following occur: i Homeless Housing,Assistance and Prevention Program NOFA Date: December6, 2019 1 I I f Exhibit A Page 11 of 25 County of Fresno 20-HHAP-000.96 Page 9 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS (1) On or before June 30, 2023, the Grantee submits an alternative disbursement plan to Agency that includes an explanation for the delay and a plan to fully expend these funds by December 31, 2023, (2) Agency approves the alternative disbursement plan. If the funds identified In the approved alternative disbursement plan are not fully expended by December 31, 2023, the funds shall be returned to Agency. E. Grantees that are counties shall contractually obligate the full allocation (100 percent) awarded to them by May 31, 2023. Any funds that are not contractually obligated by this date shall be reverted to the continuum of care that 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 CaC(s). gyJune 30, 2023,the county sl all'provid6Agency 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. i 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. , I I Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 Exhibit A Page 12 of 25 County of Fresno 20-HHAP-00096 Page 10 of 23 Homeless Housing, Assistance and Prevention Standard Agreement 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 j such projects: i (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 IiI regarding the allowability of HHAP fund expenditures, I Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. l a Homeless Housing,Assistance and Prevention Program I NOFA Date: December 6, 2019 I Exhibit A Page 13 of 25 'County of Fresno 20-HHAP-00095 Page 11 of 23 Homeless Housing, Assistance and Prevention Standard Agreement 7. Admil istrratiye Costs The Grantee must comply with Health and Safety Code section 50219, subdivision (e), which limits the Grandee'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. I Homeless Housing,Assistance and Prevention program NOFA Date; December 6, 2019 Exhibit A Page 14 of 25 County of Fresno 20-H HAP-00096 Page 12 of 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 1. Termination and Sufficiency of Funds A. Termination of Agreement Agency may terminate this Agreement at any time for cause by giving a minimum of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist of 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, i 3. Grantee'_s Application for Funds j 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 4 additions thereto approved by Agency. The application and any approved modifications and additions thereto are hereby incorporated into this Agreement, d Homeless Housing,Assistance and Prevention Program NOFA Date: December 6, 2019 Exhibit A Page 15 of 25 County of Fresno 20-HHAP-00096 Page 13 of 23 Homeless Housing, Assistance and Prevention Standard Agreement 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, correct, and complete to the best of Grantee's knowledge. In the event that any part of the application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect Agency approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then Agency may declare a breach of this Agreement and take such action or pursue such remedies as are legally available. 4. R_epork[neLAudits 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. ._-'Reporting Requiiremonts The annual report shall contain detailed information in accordance with Health and Safety Code section 60221, 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. '1 3. The types of housing assistance provided, broken out by the number of Individuals. i I 1 t Homeless Housing, Assistance and Prevention Program I NOFA Date: December 6,2019 i I� 1 Exhibit A Page 16 of 25 County of Fresno 20-HHAP-00096 Page 14 of 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 4. Outcome data for an individual served through Program funds, including the type of housing that an individual exited to, the percent of successful housing exits, and exit types for unsuccessful housing exits. In addition to the annual reports, Agency requires the Grantee to submit quarterly expenditure reports due no later than 30 days following the end of each fiscal quarter. Grantee shall submit a report to the agency on a 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. I. 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, o 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. 6. Inspection and Retention of Records i 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 i Homeless Housing, Assistance and Prevention Program c NOFA Date: December 6, 2019 g Exhibit A Page 17 of 25 County of Fresno 20-HHAP-00096 Page 15 of 23 Homeless Housing, Assistance and Prevention Standard Agreement 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 suboaraaraphhAA 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 ment Breac &thfis Agre h went'nciudes, but is nothmited`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 Ag reement; i Homeless Housing, Assistance and Prevention Program I NOFA Date: December 6, 2019 Exhibit A Page 18 of 25 County of Fresno 20-HHAP-00096 Page 16 of 23 Homeless Housing,Assistance and Prevention Standard Agreement 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 i 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 i i I 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. S. Nondiscrimi anion. 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 harassment, Grantee and its subreciplents 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 - 11139.6). Grantee and its subrecipients shall give written notice of their obligations Homeless Housing, Assistance and Prevention Program I NOFA Date: December 6, 2019 I Exhibit A Page 19 of 25 County of Fresno 20-HHAP-00096 Page 17 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS under this clause to labor organizations with which they have a collective bargaining or other agreement. 9. 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, "FDr 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. i -_ A: Current State-EMp(oyeeg; 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. Homeless Housing,Assistance and Prevention Program NOFA Date: December 6,2019 i Exhibit A Page 20 of 25 County of Fresno 20-HHAP-00096 Page 18 of 23 Homeless Housing, Assistance and Prevention Standard Agreement i 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 Wo:rltplace 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 tatting 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. i Homeless Housing, Assistance and Prevention Program N©FA Date: December 8, 2019 Exhibit A Page 21 of 25 t County of Fresno 20-HHAP-00096 Page 19 of 23 Homeless Housing, Assistance and Prevention Standard Agreement 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. i 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 mair talned by the California Employment Development Department. i I 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. i i a Homeless Housing,Assistance and Prevention Program NOFA Date:December 6, 2019 i Exhibit A Page 22 of 25 County of Fresno 20-HHAP-00096 Page 20 of 23 Homeless Housing, Assistance and Prevention Standard Agreement 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. I 13. Compliani~g 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; 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, `ri,iles or regulations affPGting 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 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 subreciplent until it is corrected. Homeless Housing,Assistance and Prevention Program NOFA Date: December 6,2019 Exhibit A Page 23 of 25 County of Fresno 20-HHAP-00096 Page 21 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 16. Litigation A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Agency, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable. D, 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. I i I Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 Exhibit A Page 24 of 25 County of Fresno 20-HHAP-00096 Page 22 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. All proceeds from any interest-bearing account established by the Grantee for the deposit of HHAP funds, along with any interest-bearing accounts opened by 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 p HMIS data for'that rpbse 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 602.19, subdivision (a)(7) 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. i i H `ameles� Housing,Assistance and Prevention Program NOFA Date: December 6,2019 Exhibit A Page 25 of 25 County of Fresno 20-HHAP-00096 Page 23 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT E GENERAL TERMS AND CONDITIONS This exhibit is incorporated by reference and made part of this agreement. This document can be viewed at the following link: httl2s//www.dgs.ca.aoI/OL$`Resources/eacie-Content/Office of-Legal-Services- Resources-List Folder/Standard-Contract!-Languege 1I i i I 1 9 I Homeless Housing, Assistance and Prevention Program NO FA bate: December 6,2019 Exhibit B Page 1 of 2 Memorandum of Understanding Street Outreach Scope of Work Organization County of Fresno Department of Behavioral Health Address 7170 N Financial Dr, Ste 110, Fresno, CA 93720 Services Mental Health, Outreach, Case Management, and Supportive Housing Services Contract Period July 1, 2020 —June 30, 2021 July 1, 2021 —June 30, 2022 Funding Source Homeless, Housing, Assistance, and Prevention (HHAP) Grant, County Distribution Funding Amount $250,000 Target Population: The target population to be served under this Agreement are adults (18 year and older) who are experiencing serious mental illness and/or co-occurring substance use disorders and are homeless or at imminent risk of becoming homeless. Participation is on a voluntary basis. Responsibilities of Department of Behavioral Health: A. Operate and oversee a contracted outreach program where individuals are enrolled and linked to other services based on the needs of the person served. 1. Provide oversight of the program. In addition to contract monitoring of program, oversight includes, but is not limited to, coordination with the State Department of Health Care Services in regard to program administration and outcomes. Administrative staff will meet with the program manager on a monthly basis to discuss program client issues, concerns, measurable outcomes and reports, and any other items. B. Collaborate with other agencies for provision of non-direct mental health services. These services are particularly needed to reach people with co-occurring chronic or medical conditions. Linkage must be provided to person served for the full range of services. C. Provide appropriate and measurable outcomes as requested upon, including State quarterly and annual reports. D. Assist in making linkages with the total mental health system through regularly scheduled meetings and consultations, both formal and informal. E. Participate in evaluating the progress of the overall program and the efficiency of collaboration with the program administrative staff and will be available for ongoing consultation. F. Receive and analyze statistical data outcome information throughout the term of contract. The performance outcome measurement process will not be limited to survey instruments but will also include, as appropriate, client and staff interviews, chart reviews,and other methods of obtaining required information. G. Recognize that cultural responsiveness is a goal toward which professionals, agencies, and systems should strive. Becoming culturally responsiveness is a developmental process and incorporates at all levels the importance of culture, the assessment of cross-cultural relations, vigilance towards the dynamics that result from cultural differences, the expansion of cultural knowledge, and the adaptation of services to meet culturally-unique needs. Offering those services in a manner that fails to achieve its intended result due to cultural and linguistic barriers is not cost effective. County will assist program towards cultural and linguistic competency, DBH shall provide the following: Exhibit B Page 2 of 2 1. Technical assistance regarding cultural responsiveness requirements and sexual orientation and gender identity training. 2. Mandatory cultural responsiveness training including sexual orientation and gender identity and cultural sensitivity training for program personnel, at minimum once per year. County will provide technical assistance and when possible, training regarding the unique needs of the diverse population. Cultural responsiveness training recommendations will be based on trends in data collected and will be included in the counties Culturally Responsive Plan. Sensitivity to sexual orientation and gender identity is a basic cultural responsiveness principle and shall be included in the cultural responsiveness training(s). Literature suggests that the behavioral health needs of lesbian, gay, bisexual, and transgender (LGBT+) individuals may be at increased risk for behavioral disorders and behavioral health problems due to exposure to societal stressors such as stigmatization, prejudice and homophobic and/or transphobic violence. Social support may be critical for this population. 3. Materials for public use on behavioral health and substance abuse services information shall be in DBH's current threshold languages (Spanish, and Hmong). Translation services and costs associated will be the responsibility of the provider. Promotional and/or program materials shall be reviewed by DBH's Public Behavioral Health Division for branding requirements prior to implementation. Responsibilities of Department of Social Services: A. Coordinate with DBH to receive data and other information needed for HHAP report submission to the Business Consumer Services and Housing Agency as often as needed. B. Meet with representatives of DBH to discuss HHAP programmatic requirements when necessary. Exhibit C Page 1 of 1 Memorandum of Understanding Street Outreach Budget Contract Period: July 1, 2020—June 30, 2022 Maximum Compensation: $250,000 FY 2020-2021: $183,532 FY 2021-2022: $66,468 Summary: The Department of Behavioral Health (DBH)will use HHAP grant as supplemental funding to the outreach, engagement, and linkage component of the PATH Program for outreach, engagement.As agreed in Contract A-15-257, this program is operated by Kings View Corporation. HHAP funding will be allocated to: Staff-Administrative, clinical, and outreach staff that work in the program, such as the program manager, case managers, and outreach workers Client Support-Costs associated with assisting persons served in housing,transportation, education, employment, documentation, as well as program supplies. Operations- Expenses related to telecommunication and correspondence, office and program supplies, staff training and recruitment, vehicle maintenance, and staff mileage Facilities and Equipment-Costs associated with building costs, office equipment, and vehicles Administrative and Special - Expenses pertaining to administrative overhead, liability insurances, and translation services Fixed Assets- Expenses related with computer equipment, software, and furniture.