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HomeMy WebLinkAboutAgreement A-22-293 with WestCare rapid rehousing.pdf Agreement No. 22-293 1 AMENDMENT I TO AGREEMENT 2 3 THIS AMENDMENT I TO AGREEMENT (hereinafter"Amendment") is made and entered into this 4 21st day of June , 2022, by and between the COUNTY OF FRESNO, a Political Subdivision of 5 the State of California, hereinafter referred to as "COUNTY," and WestCare California, Inc., a California 6 Non-Profit Corporation, whose address is 1900 N. Gateway Blvd., Suite 100, Fresno, CA 9327, hereinafter 7 referred to as "SUBRECIPIENT". 8 WITNESSETH: 9 WHEREAS, the parties entered into that certain Agreement, identified as COUNTY Agreement No. 10 A-19-336, effective July 9, 2019, for rapid rehousing homeless services for COUNTY's Departments of 11 Social Services (DSS); and 12 WHEREAS, the COUNTY is the Administrative Entity for the Homeless Housing, Assistance and 13 Prevention (HHAP) grant funds awarded to the Fresno Madera Continuum of Care (FMCoC), by the 14 California Business Consumer Services and Housing (BCSH) Agency, as authorized by AB101; and 15 WHERAS, the COUNTY for itself, was awarded HHAP grant funds by BCSH Agency; and 16 WHERAS, COUNTY issued Request for Proposal (RFP) No. 19-058 for Rapid Rehousing and 17 Navigation Services within the County of Fresno and County of Madera; and 18 WHEREAS, SUBRECIPIENT responded to said RFP and was selected to provide services in 19 accordance with the RFP and SUBRECIPIENT's submitted response; and 20 WHERAS, the parties entered into that certain Agreement, identified as COUNTY Agreement No. 21 19-336, effective July 9, 2019; and 22 WHEREAS, the COUNTY continues to have a significant population of homeless individuals in 23 need of rapid rehousing services; and 24 WHEREAS, both parties now desire to amend Agreement No. 19-336 regarding changes as stated 25 below. 26 NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions herein 27 contained, the parties hereto agree as follows: 28 1. That County Agreement No. 19-336, Page one (1), beginning on line twenty-one (21) 1 — COUNTY OF FRESNO Fresno,CA I with the number"1" and ending on page three (3) line fourteen (14)with the date "June 30, 2022", be 2 deleted and the following inserted into its place: 3 111. OBLIGATIONS 4 A. SUBRECIPIENT shall perform all services and fulfill all responsibilities as identified 5 in COUNTY's Request for Proposal (RFP) No. 19-058, dated March 8, 2019, and Addendum No. One (1) 6 to COUNTY's RFP No. 19-058, dated March 20, 2019, collectively hereinafter referred to as COUNTY's 7 Revised RFP No. 19-058 and SUBRECIPIENT's response to said Revised RFP, all incorporated herein by 8 reference and made part of this Agreement. 9 B. SUBRECIPIENT shall perform all services set forth in Revised Exhibit A, Summary of 10 Services, attached hereto and by this reference incorporated herein. 11 C. SUBRECIPIENT shall provide services pursuant to the staffing pattern and program 12 expenses detailed in Revised Exhibit B, Budget, attached hereto and by this reference incorporated 13 herein. 14 D. SUBRECIPIENT shall maintain membership in the FMCoC and participate in 15 Coordinated Entry throughout the term of this Agreement, as described in Revised Exhibit A. If, for any 16 reason, this status is not maintained, the COUNTY may terminate this Agreement pursuant to Section 17 Three (3) of this Agreement. 18 E. COUNTY has entered into an agreement with the State of California for HEAP 19 funding (Agreement No. 18-HEAP-0027), a copy of which is attached hereto as Exhibit C and is 20 incorporated herein by this reference. Services provided by SUBRECIPIENT under this Agreement shall 21 be funded with HEAP funding and, therefore, SUBRECIPIENT shall be aware of, agree to, and comply 22 with all State requirements governing the use of HEAP funds; and all conditions in Exhibit C. Failure to 23 comply with these requirements and conditions may result in termination of this Agreement pursuant to 24 Section Three (3) of this Agreement. Required conditions include, but are not limited to: 25 1) Perform the work in accordance with Federal, State and Local housing and 26 building codes, as applicable. 27 2) Maintain at least the minimum State-required worker's compensation for 28 those employees who will perform the work or any part of it. — 2 — COUNTY OF FRESNO Fresno,CA 1 3) Maintain, as required by law, unemployment insurance, disability insurance, 2 and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who 3 may be injured or damaged by the SUBRECIPIENT or any Subcontractor in performing the Work or any 4 part of it. 5 4) Agree to include all the terms of this Agreement and Exhibit C in each 6 subcontract. 7 F. COUNTY as the Administrative entity for California Emergency Solutions and 8 Housing (CESH) Program awarded to FMCoC, has entered into an agreement with the State of California 9 for Round 1 of CESH funding (Agreement 19-452), a copy of which is attached hereto as Exhibit D and is 10 incorporated herein by this reference. Services provided by SUBRECIPIENT under this Agreement shall 11 be funded with CESH funding and, therefore, SUBRECIPIENT shall be aware of, agree to, and comply 12 13 with all State requirements governing the use of CESH funds; and all conditions in Exhibit D. Failure to 14 comply with these requirements and conditions may result in termination of this Agreement pursuant to 15 Section Three (3) of this Agreement. 16 G. COUNTY as the Administrative entity for California Emergency Solutions and 17 Housing (CESH) Program awarded to FMCoC, has entered into an agreement with the State of California 18 for Round 2 of CESH funding (Agreement 20-158), a copy of which is attached hereto as Exhibit D-1 and 19 is incorporated herein by this reference. Services provided by SUBRECIPIENT under this Agreement shall 20 be funded with CESH funding and, therefore, SUBRECIPIENT shall be aware of, agree to, and comply 21 with all State requirements governing the use of CESH funds; and all conditions in Exhibit D-1. Failure to 22 23 comply with these requirements and conditions may result in termination of this Agreement pursuant to 24 Section Three (3) of this Agreement. 25 H. COUNTY, on its own behalf, has entered into an agreement with the State of 26 California for Round 1 of HHAP grant funds awarded to COUNTY (Agreement No. 20-196), a copy of 27 which is attached hereto as Exhibit E and is incorporated herein by this reference. Services provided by 28 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 — 3 — COUNTY OF FRESNO Fresno,CA I HHAP funds; and all conditions in Exhibit E. Failure to comply with these requirements and conditions may 2 result in termination of this Agreement pursuant to Section Three (3) of this Agreement. 3 I. COUNTY, as the Administrative Entity for HHAP grant funds awarded to FMCoC, 4 has entered into an agreement with the State of California for Round 1 HHAP funding (Agreement No. 20- 5 197), a copy of which is attached hereto as Exhibit F and is incorporated herein by this reference. 6 Services provided by SUBRECIPIENT under this Agreement shall be funded with HHAP funding and, 7 therefore, SUBRECIPIENT shall be aware of, agree to, and comply with all State requirements governing 8 the use of HHAP funds; and all conditions in Exhibit F. Failure to comply with these requirements and 9 conditions may result in termination of this Agreement pursuant to Section Three (3) of this Agreement. 10 2. TERM 11 This Agreement shall be effective on the 9th day of July 2019, through and including June 12 30, 2023." 13 2. That the existing County Agreement No. 19-336, Page four (4), beginning on line nine (9) 14 with the number'A" and ending on page five (5), line seven (7)with the word "Agreement", be deleted and 15 the following inserted into its place: 16 "4. COMPENSATION 17 For actual services provided pursuant to the terms of this Agreement, COUNTY agrees to 18 pay SUBRECIPIENT and SUBRECIPIENT agrees to receive compensation in accordance with Revised 19 Exhibit B, Budget Summary. Mandated travel shall be reimbursed based on actual expenditures and 20 mileage reimbursement shall be at SUBRECIPIENT's adopted rate per mile, not to exceed the IRS 21 published rate. 22 In no event shall the cumulative total of this Agreement exceed Three Million, Three 23 Hundred Eighty-Three Thousand, Nine Hundred Nine and No/100 Dollars ($3,383,909). For the period of 24 July 09, 2019 through June 30, 2022, in no event shall the services performed under this Agreement 25 exceed Two Million, Six Hundred Seventy-Seven Thousand, Three Hundred Ninety-Eight and No/100 26 Dollars ($2,677,398). For the period of July 01, 2022 through June 30, 2023, in no event shall actual 27 services performed under this Agreement be in excess of Seven Hundred Six Thousand, Five Hundred 28 Eleven and No/100 Dollars ($706,511). Payments by COUNTY shall be in arrears, for services provided 4 — COUNTY OF FRESNO Fresno,CA 1 during the preceding month, within forty-five (45) days after receipt, verification and approval of 2 SUBRECIPIENT's invoices by COUNTY. 3 It is understood that all expenses incidental to SUBRECIPIENT'S performance of services 4 under this Agreement shall be borne by SUBRECIPIENT. If SUBRECIPIENT should fail to comply with 5 any provision of the Agreement, COUNTY shall be relieved of its obligation for further compensation. Any 6 compensation which is not expended by SUBRECIPIENT pursuant to the terms and conditions of this 7 Agreement shall automatically revert to COUNTY. 8 The services provided by the SUBRECIPIENT under this Agreement are funded in whole or 9 in part by the State of California and the United States Federal Government. In the event that funding for 10 these services is delayed by the State Controller or the Federal government, COUNTY may defer 11 payment to SUBRECIPIENT. The amount of the deferred payment shall not exceed the amount of funding 12 delayed by the State Controller to the COUNTY. The period of time of the deferral by COUNTY shall not 13 exceed the period of time of the State Controller's or Federal government's delay of payment to COUNTY 14 plus forty-five (45) days." 15 3. That the existing County Agreement No. 19-336, Page seven (7), beginning on line eleven 16 (11)with the number"9" and ending on page seven (7), line nineteen (19) with the word "Agreement", be 17 deleted and the following inserted into its place: 18 99 9. HOLD HARMLESS AND INDEMNIFICATION 19 The SUBRECIPIENT shall indemnify and hold harmless and defend the COUNTY 20 (including its officers, agents, employees, and volunteers) against all claims, demands, injuries, damages, 21 costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to the 22 COUNTY, the SUBRECIPIENT, or any third party that arise from or relate to the performance or failure to 23 perform by the SUBRECIPIENT (or any of its officers, agents, subcontractors, or employees) under this 24 Agreement. The COUNTY may conduct or participate in its own defense without affecting the 25 SUBRECIPIENT's obligation to indemnify and hold harmless or defend the COUNTY. 26 The provisions of this Section Nine (9) shall survive termination of this Agreement." 27 28 — 5 — COUNTY OF FRESNO Fresno,CA 1 4. That the existing County Agreement No. 19-336, Page nine (9), Section twelve (12), 2 beginning with line twenty-seven (27), with the number 12" and ending on Page ten (10), Line four (4) 3 with the word "regulations," be deleted and the following inserted in its place: 4 "12. NON-DISCRIMINATION 5 During the performance of this Agreement, SUBRECIPIENT and its officers, employees, 6 agents and subcontractors shall not unlawfully discriminate in violation of any Federal, State or local law, 7 rule or regulation against any employee or application for employment, or recipient of services under this 8 Agreement, because of ethnic group identification, gender, gender identity, gender expression, sexual 9 orientation, color, physical disability, mental disability, medical condition, national origin, race, ancestry, 10 marital status, religion, or religious creed. 11 A. Domestic Partners and Gender Identity 12 For State fund-funded contracts of$100,000 or more, SUBRECIPIENT certifies that 13 it complies with Public Contract Code Section 10295.3. 14 B. Americans with Disabilities Act 15 SUBRECIPIENT shall comply with the American with Disabilities Act (ADA) of 1990, 16 which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines 17 issued pursuant to the ADA (42 U.S.C. 12101 et seq.). 18 C. SUBRECIPIENT shall include the non-discrimination and compliance provisions of 19 this section in all subcontracts to perform work under this Agreement." 20 5. That the existing County Agreement No. 19-336, Page eleven (11), Section sixteen (16), 21 beginning with Line thirteen (13), with the number 16" and ending on Page twelve (12), Line five (5), with 22 the URL address "https://www.sam.gov/SAM/.," be deleted and the following inserted in its place: 23 "16. CERTIFICATION REGARDING DEBAREMENT, SUSPENSION, INELIGIBILITY AND 24 VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS 25 A. COUNTY and SUBRECIPIENT recognize that SUBRECIPIENT is a recipient of 26 Federal and State assistance funds under the terms of this Agreement. By signing this Agreement, 2 7 SUBRECIPIENT agrees to comply with applicable Federal suspension and debarment regulations, 28 including but not limited to: 7 CFR 2016.35, 29 CFR 97.35, 45 CFR 92.35, and Executive Order 12549. By — 6 — COUNTY OF FRESNO Fresno,CA I signing this Agreement, SUBRECIPIENT attests to the best of its knowledge and belief, that it and its 2 principals: 3 1) Are not presently debarred, suspended, proposed for debarment, declared 4 ineligible, or voluntarily excluded from participation in this transaction by any Federal department or 5 agency; and 6 2) Shall not knowingly enter into any lower tier covered transaction with an 7 entity or person who is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily 8 excluded from participation in this transaction by any Federal department or agency. 9 B. SUBRECIPIENT shall provide immediate written notice to COUNTY if at any time 10 during the term of this Agreement SUBRECIPIENT learns that the representations it makes above were 11 erroneous when made or have become erroneous by reason of changed circumstances. 12 C. SUBRECIPIENT shall include a clause titled "Certification Regarding Debarment, 13 Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transactions" and similar in 14 nature to this Paragraph Sixteen (16) in all lower tier covered transactions and in all solicitations for lower 15 tier covered transactions. 16 D. SUBRECIPIENT shall, prior to soliciting or purchasing goods and services in excess 17 of$25,00 funded by this Agreement, review and retain the proposed vendor's suspension and debarment 18 status at https:Hsam.gov/SAM/. 19 E. The certification in Paragraph Sixteen (16) of this Agreement is a material 20 representation of fact upon which COUNTY relied in entering into this Agreement." 21 6. That the following sections are being added to existing County Agreement No. 19-336, 22 beginning on Page Eighteen (18), Line Six (6),just prior to Section Thirty-Three (Entire Agreement), as 23 Sections Thirty-Three (33), Thirty-Four (34), Thirty-Five (35), Thirty-Six (36), Thirty-Seven (37), Thirty- 2 4 Eight (38), Thirty-Nine (39), Forty (40), Forty-One (41), Forty-Two (42), and Forty-Three (43): 25 "33. PROCUREMENT OF RECOVERED MATERIALS 26 In the performance of this Agreement, SUBRECIPIENT shall comply with section 6002 of 2 7 the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The 28 requirements of Section 6002 include procuring only items designated in guidelines of the Environmental — 7 — COUNTY OF FRESNO Fresno,CA I Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials 2 practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the 3 item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year 4 exceeded$10,000. For contracts meeting this threshold SUBRECIPIENT shall make maximum use of 5 products containing recovered materials that are EPA-designated items unless the product cannot be 6 acquired: 7 i. Competitively within a timeframe providing for compliance with the contract 8 performance schedule; 9 ii. Meeting contract performance requirements; or 10 iii. At a reasonable price. 11 34. GRIEVANCES 12 SUBRECIPIENT shall establish procedures for handling client complaints and/or 13 grievances. Such procedures will include provisions for informing clients of their rights to a State Hearing 14 to resolve such issues when appropriate. 15 35. INTERPRETATION OF LAWS AND REGULATIONS 16 COUNTY reserves the right to make final interpretations or clarifications on issues relating 17 to Federal and State laws and regulations, to ensure compliance. 18 36. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 19 SUBRECIPIENT, its officers, consultants, subcontractors, agents and employees shall 20 comply with all applicable State, Federal and local laws, regulations, and executive orders, as well as 21 Federal policies, procedures, and directives governing projects that utilize State and Federal Funds. This 22 includes laws, rules and regulations that pertain to construction, health and safety, labor, fair employment 23 practices, environmental protection, equal opportunity, fair housing, and all other matters applicable or 24 related to SUBRECIPIENT's services, the SUBRECIPIENT, its subcontractors, and all eligible activities. 25 SUBRECIPIENT shall be responsible for obtaining all permits, licenses, and approvals required for 26 performing any activities under this Agreement, including those necessary to perform design, 27 implementation, operation, and maintenance of the activities. SUBRECIPIENT shall be responsible for 28 observing and complying with any applicable federal, state, and local laws, rules, and regulations affecting — 8 — COUNTY OF FRESNO Fresno,CA 1 any such work, specifically those including, but not limited to, environmental protection, procurement, and 2 safety laws, rules, regulations, and ordinances. SUBRECIPIENT shall provide copies of permits and 3 approvals to COUNTY upon request. 4 37. NO OBLIGATION BY FEDERAL GOVERNMENT 5 The Federal Government is not a party to this contract and is not subject to any obligations 6 or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from 7 this Agreement. 8 38. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS 9 SUBRECIPIENT acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for 10 False Claims and Statements) applies to SUBRECIPIENT's actions pertaining to this contract. 11 39. RECORDS 12 A. Record Establishment and Maintenance 13 SUBRECIPIENT shall establish and maintain records in accordance with those 14 requirements prescribed by COUNTY, with respect to all matters covered by this Agreement. 15 SUBRECIPIENT shall retain all fiscal books, account records and client files for services performed under 16 this Agreement for at least five (5) years from date of final payment under this Agreement or until all State 17 and Federal audits are completed for that fiscal year, whichever is later. 18 B. Cost Documentation 19 1) SUBRECIPIENT shall submit to COUNTY within ten (10) calendar days following 20 the end of each month, all fiscal and program reports for that month. SUBRECIPIENT shall also furnish to 21 COUNTY such statements, records, data and information as COUNTY may request pertaining to matters 22 covered by this Agreement. In the event that SUBRECIPIENT fail to provide reports as provided herein, it 23 shall be deemed sufficient cause for COUNTY to withhold payments until compliance is established. 24 2) All costs shall be supported by properly executed payrolls, time records, 25 invoices, vouchers, orders, or any other accounting documents pertaining in whole or in part to this 26 Agreement and they shall be clearly identified and readily accessible. The support documentation must 27 indicate the line budget account number to which the cost is charged. 28 3) COUNTY shall notify SUBRECIPIENT in writing within thirty (30) days of any — 9 — COUNTY OF FRESNO Fresno,CA I potential State or Federal audit exception discovered during an examination. Where findings indicate that 2 program requirements are not being met and State or Federal participation in this program may be 3 imperiled in the event that corrections are not accomplished by SUBRECIPIENT within thirty (30) days of 4 receipt of such notice from COUNTY, written notification thereof shall constitute COUNTY'S intent to 5 terminate this Agreement. 6 C. Service Documentation V SUBRECIPIENT agree to maintain records to verify services under this Agreement 8 including names and addresses of clients served, if applicable, and the dates of service and a description 9 of services provided on each occasion. These records and any other documents pertaining in whole or in 10 part to this Agreement shall be clearly identified and readily accessible. 11 40. SINGLE AUDIT CLAUSE 12 If SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in 13 Federal and Federal flow-through monies annually, SUBRECIPIENT agrees to conduct an annual audit in 14 accordance with the requirements of the Single Audit Standards as set forth in Office of Management and 15 Budget (OMB) Title 2 of the Code of Federal Regulations Part 200. SUBRECIPIENT shall submit said 16 audit and management letter to COUNTY. The audit must include a statement of findings or a statement 1 V that there were no findings. If there were negative findings, SUBRECIPIENT must include a corrective 18 action signed by an authorized individual. SUBRECIPIENT agrees to take action to correct any material 19 non-compliance or weakness found as a result of such audit. Such audit shall be delivered to COUNTY's 20 DSS, Administration, for review within nine (9) months of the end of any fiscal year in which funds were 21 expended and/or received for the program. Failure to perform the requisite audit functions as required by 22 this Agreement may result in COUNTY performing the necessary audit tasks, or at COUNTY's option, 23 contracting with a public accountant to perform said audit, or, may result in the inability of COUNTY to 24 enter into future agreements with SUBRECIPIENT. All audit costs related to this Agreement are the sole 25 responsibility of SUBRECIPIENT. 26 A. A single audit report is not applicable if all SUBRECIPIENT's Federal contracts do 27 not exceed the Seven Hundred Fifty Thousand Dollars ($750,000) requirement or SUBRECIPIENT's 28 funding is through Drug related Medi-Cal. If a single audit is not applicable, a program audit must be — 10 — COUNTY OF FRESNO Fresno,CA I performed and a program audit report with management letter shall be submitted by SUBRECIPIENT to 2 COUNTY as a minimum requirement to attest to SUBRECIPIENT's solvency. Said audit report shall be 3 delivered to COUNTY's DSS, Administration, for review no later than nine (9) months after the close of the 4 fiscal year in which the funds supplied through this Agreement are expended. Failure to comply with this 5 Act may result in COUNTY performing the necessary audit tasks or contracting with a qualified accountant 6 to perform said audit. All audit costs related to this Agreement are the sole responsibility of 7 SUBRECIPIENT who agrees to take corrective action to eliminate any material noncompliance or 8 weakness found as a result of such audit. Audit work performed by COUNTY under this paragraph shall 9 be billed to the SUBRECIPIENT at COUNTY cost, as determined by COUNTY's Auditor- 10 Controller/Treasurer-Tax Collector. 11 B. SUBRECIPIENT shall make available all records and accounts for inspection by 12 COUNTY, the State of California, if applicable, the Comptroller General of the United States, the Federal 13 Grantor Agency, or any of their duly authorized representatives, at all reasonable times for a period of at 14 least three (3) years following final payment under this Agreement or the closure of all other pending 15 matters, whichever is later. 16 41. CHILD SUPPORT COMPLIANCE ACT 17 If this Agreement includes State funding in excess of$100,000, the SUBRECIPIENT 18 acknowledges in accordance with Public Contract Code 7110, that: 19 A. SUBRECIPIENT recognizes the importance of child and family support obligations 20 and shall fully comply with all applicable state and federal laws relating to child and family support 21 enforcement, including, but not limited to, disclosure of information and compliance with earnings 22 assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the 23 Family Code; and 24 B. SUBRECIPIENT to the best of its knowledge is fully complying with the earnings 25 assignment orders of all employees and is providing the names of all new employees to the New Hire 26 Registry maintained by the California Employment Development Department. 2 7 42. PRIORITY HIRING CONSIDERATIONS 28 If this Agreement includes State funding and services in excess of$200,000, SUBRECIPIENT 11 - COUNTY OF FRESNO Fresno,CA I shall give priority consideration in filling vacancies in positions funded by the Agreement to qualified 2 recipients of aid under Welfare and Institutions Code Section 11200, in accordance with Public Contract 3 Code Section 10353. 4 43. SUBRECIPIENT'S NAME CHANGE 5 An amendment, assignment, or new agreement is required to change the name of 6 SUBRECIPIENT as listed on this Agreement. Upon receipt of legal documentation of the name change 7 COUNTY will process the agreement. Payment of invoices presented with a new name cannot be paid 8 prior to approval of said agreement." 9 7. That all references in existing COUNTY Agreement No. A-19-336 to "Exhibit A" shall be 10 changed to read "Revised Exhibit A," which is attached hereto and incorporated herein by this reference. 11 8. That all references in existing COUNTY Agreement No. A-19-336 to "Exhibit B" shall be 12 changed to read "Revised Exhibit B," which is attached hereto and incorporated herein by this reference. 13 9. That Exhibit D (Self-Dealing Transaction Disclosure Form) attached to COUNTY 14 Agreement No. 19-336 shall be deleted and replaced with Exhibit G (Self-Dealing Transaction Disclosure 15 Form), attached hereto and incorporated herein by this reference. All references in COUNTY Agreement 16 No. 19-336 to Exhibit D (Self-Dealing Transaction Disclosure Form) shall be changed to read "Exhibit G." 17 10. ELECTRONIC SIGNATURE 18 The parties agree that this Amendment I may be executed by electronic signature as 19 provided in this section. An "electronic signature" means any symbol or process intended by an individual 20 signing this Amendment I to represent their signature, including but not limited to (1) a digital signature; (2) 21 a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for 22 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to 23 this Amendment I (1) is deemed equivalent to a valid original handwritten signature of the person signing 24 this Amendment I for all purposes, including but not limited to evidentiary proof in any administrative or 25 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of 26 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5, 2 7 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, 28 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken and - 12 - COUNTY OF FRESNO Fresno,CA I satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), 2 and agrees that each other party may rely upon that representation. This Amendment I is not conditioned 3 upon the parties conducting the transactions under it by electronic means and either party may sign this 4 Amendment I with an original handwritten signature. 5 11. COUNTY and SUBRECIPIENT agree that this Amendment I is sufficient to amend 6 Agreement No. 19-336 and that upon execution of this Amendment, the Agreement and Amendment 7 shall together be considered the Agreement. 8 This Agreement, as hereby amended, is ratified and continued. All provisions, terms, 9 covenants, conditions, and promises contained in this Agreement not amended herein shall remain in full 10 force and effect. This Amendment I shall become effective upon execution on the day first written 11 hereinabove. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 7 28 13 — COUNTY OF FRESNO Fresno,CA 1 IN WITNESS WHEREOF,the parties hereto have executed this Amendment I to Agreement as of the 2 day and year first hereinabove written. 3 SUBRECIPIENT: COUNTY OF FRESNO 9 WestCare California, IT L e Vf 5 Brian Pacheco, Chairman of the Board of 6 Supervisors of the County of Fresno Print Name. 7 Title: 0-�a> c� 8 Chairman of the Board, or President, or any Vice President 9 ATTEST: Bernice E. Seidel 10 fi'"- �'x¢ -� lv�oh+ Clerk of the Board of Supervisors •4ti �•..ae�,.,._.►,c,.-, w CAA • c,� -�� 11 County of Fresno, State of California 1� wrc4 r 3 Print Nam By:T eputy 19 Title: 15 Secretary(of Corporation), or any Assistant Secretary, or 16 Chief Financial Officer, or any Assistant Treasurer 17 18 19 Mailing Address: 20 1900 N. Gateway Blvd., Suite 100 Fresno, CA 93727 21 Phone No: (559)251-4800 Contact: Deputy Chief Operating Officer 22 23 FOR ACCOUNTING USE ONLY: 24 Fund/Subclass:0001/10000 25 ORG No.: 56107114 Account No.: 7870 26 27 28 SB:cwc - 14 - COUNTY OF IgUiSNO Fresno,CA Revised Exhibit A Page 1 of 3 SUMMARY OF SERVICES ORGANIZATION: WestCare California, Inc. (WestCare) 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: Rapid Rehousing Services CONTRACT PERIODS: July 9, 2019 through June 30, 2022 July 1,2022 through June 30, 2023 SUMMARY OF SERVICES WestCare will provide a Rapid Rehousing program designed to help individuals and families exit homelessness and return to permanent housing as quickly as possible. WestCare will provide temporary, medium-term financial assistance (typically 3 to 18 months), combined with housing location and case management services, to help homeless individuals and families obtain permanent housing and achieve long-term stability. Rapid Rehousing services provided shall follow both project-based and tenant-based models. • Project-based assistance will be provided at a site located at 2550 W. Clinton Ave., Fresno, CA. • Tenant-based assistance will be provided to participants throughout the Fresno Madera Continuum of Care (FMCoC) service area, in metro and rural Fresno and Madera counties. WestCare will also subcontract with Selma Community Outreach Ministries (Selma COM)for rural tenant-based rapid rehousing services. WestCare will share best practices and provide support to Selma COM on an as needed basis. TARGET POPULATION The target populations of Rapid Rehousing services are individuals or families that are experiencing homelessness in Fresno and Madera Counties, with particular focus on Madera (City and County) and City of Selma regions for tenant-based assistance. RAPID REHOUSING SERVICES 1. Case Management: Provide intensive case management services that focus on developing a housing plan for all participants, helping them overcome barriers to attaining permanent housing, locating and placing participants into housing, monitoring participant progress, and intervening with relevant support, if necessary to ensure participant stability. Two case managers will provide services at the 2550 W. Clinton Ave. site, or other identified access sites in Fresno and Madera counties. Case management services will be provided in a phased approach, in order to ensure that participants have been sustainably stabilized: Revised Exhibit A Page 2 of 3 a. Active Case Management (ACM): ACM will be used when a participant first enters the program, until the point that the case manager believes that their housing situation has been reasonably stabilized. ACM entails regular contact, from twice weekly to sometimes daily; sustained effort to stabilize the participant's housing situation; and active pursuit of additional community resources for the participant's benefit. b. Passive Case Management (PCM): Once a participant has been adequately stabilized, they may be phased to PCM. PCM entails the case manager contacting the client in person, or by other means as necessary, a minimum of every two weeks in order to monitor the participant's housing stability. During this phase of service, the participant may continue to contact the Rapid Rehousing program at any time should they require assistance. Note: Participants may be transferred from PCM to ACM whenever necessary, as determined by either case managers or the Program Director. 2. Direct Financial Assistance: Provide direct financial assistance to remove immediate barriers to housing, including rental assistance of up to 24 months, utility payments, security and utility deposits, moving costs, transportation costs, landlord fees and background check fees,job certification and license fees, work supply costs, and interpreter services. Whenever appropriate, WestCare will work with clients to ensure that clients pay a share of cost toward rental assistance, beginning with the first month of assistance. WestCare shall develop a share of cost schedule, and ensure that client subsidies adhere to the schedule based on individual needs. SUBRECIPIENT RESPONSIBILITIES • Maintain membership in good standing in the Fresno Madera Continuum of Care (FMCoC) as defined by FMCoC bylaws, and participate in the Coordinated Entry System (CES). • Accept referrals only through the FMCoC CES. • In the event the number of referrals exceeds the number of available housing placements, WestCare will prioritize referrals using the following criteria: Vulnerability Index—Service Prioritization Decision Assistance Tool (or other prioritization tool utilized by the FMCoC) score, length of homelessness, medical conditions, and any other relevant factors. • Enter participant information into the Homeless Management Information System (HMIS) in compliance with HEAP and HUD data collection, management, and reporting standards. • Ensure that all units at the 2550 W. Clinton Ave. site are occupied within 3 months of contract execution, and ensure that no unit is subsequently unoccupied for a period of more than 60 consecutive days. In the event that a unit is unoccupied for greater than 60 days, the unit may not be billed to this agreement. Exceptions may be made with written approval from the County. • Ensure that a minimum of$62,185 of Direct Financial Assistance is expended on youth that have entered the program between the ages of 18 and 24, including individuals and families with a head of household between the ages of 18 and 24 during the contract term July 9, 2019 through June 30, 2022. Revised Exhibit A Page 3 of 3 • Meet with County staff monthly, or as often as needed, for service coordination, problem/issue resolution, information sharing, training, review, and monitoring of services. • Engage clients in a linguistically and culturally appropriate manner, including the use of interpreters when needed. • Provide annual Civil Rights training to staff at the beginning of every calendar year, and provide relevant verification to the County of Fresno by April 1. PERFORMANCE 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. Performance outcomes by term follow: July 9, 2019 through June 30, 2022 WestCare • Provide both project-based and tenant-based Rapid Rehousing services to a minimum of 45 unduplicated participants. • A minimum of 75% of participants will exit to permanent housing. • A minimum of 80% of those who exit the program to permanent housing will remain in permanent housing six months after exiting the program. • Ensure 100% of HMIS entries are completed within 7 days of program entry. July 1,2022 through June 30, 2023 WestCare • Provide project-based Rapid Rehousing services to a minimum of 30 unduplicated households. • A minimum of 75% of participants will exit to permanent housing. • A minimum of 80% of those who exit the program to permanent housing will remain in permanent housing six months after exiting the program. • Ensure 100% of HMIS entries are completed within 7 days of program entry. Selma COM Subcontract • Provide tenant-based Rapid Rehousing services to a minimum of 15 unduplicated households. • A minimum of 75% of participants will exit to permanent housing. • A minimum of 80% of those who exit the program to permanent housing will remain in permanent housing six months after exiting the program. • Ensure 100% of HMIS entries are completed within 7 days of program entry. Revised Exhibit B Page 1 of 2 BUDGET SUMMARY ORGANIZATION: WestCare California, Inc. SERVICES: Rapid Rehousing TERM: July 9, 2019 through June 30, 2022 TERM COST: $2,677,398 Budget Categories Amount Personnel Salaries 2.5 FTE Case Managers .16 FTE Program Director Payroll Taxes Benefits Subtotal $411,570.00 Operations Insurance Communication Office Expenses Equipment Vehicle Fuel/Maintenance Repairs, Maintenance, and Lease Staff Recruitment Training Subtotal $98,460.00 Direct Financial Assistance* Rental Assistance Motel/Hotel Costs Utility Payments Security/Utility Deposits Moving/Storage Costs Vehicle Lease Landlord Fees/Background Checks Subtotal $1,905,847.00* Indirect Costs Indirect Costs Subtotal $261,521.00 Total $2,677,398.00 *A minimum of$62,185 of Direct Financial Assistance must be expended on youth that have entered the program between the ages of 18 and 24. Revised Exhibit B Page 2 of 2 BUDGET SUMMARY ORGANIZATION: WestCare California, Inc. SERVICES: Rapid Rehousing TERM: July 1, 2022 through June 30, 2023 TERM COST: $706,511 Budget Categories Amount Personnel Salaries 3.5 FTE Case Managers .16 FTE Program Director Payroll Taxes Benefits Subtotal $176,317.00 Operations Insurance Communication Office Expenses Equipment Vehicle Fuel/Maintenance Repairs, Maintenance, and Lease Staff Recruitment Training Subtotal $74,996.00 Direct Financial Assistance Rental Assistance Motel/Hotel Costs Utility Payments Security/Utility Deposits Moving/Storage Costs Vehicle Lease Landlord Fees/Background Checks Subtotal $392,140.00 Indirect Costs Indirect Costs Subtotal $63,058.00 Total $706,511.00 Exhibit C 1 of 17 County of Fresno 18-HEAP-00027 Page 1 of 3 Standard Agreement EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK Homeless Emergency Aid Program (HEAP) 1. Authoritv Pursuant to Chapter 5 (commencing with Section 50210) of Part 1 of Division 31 of the Health and Safety Code, and all other relevant provisions established under SB 850 (Chapter 48, Statutes of 2018), the State has established the Homeless Emergency Aid Program ("HEAP" or "the Program" or "the grant"). The Program is administered by the California Homeless Coordinating and Financing Council ("Council") in the Business, Consumer Services and Housing Agency ("Agency"). HEAP provides one-time flexible block grant funds to Administrative. Entities as defined in the September 5, 20,18 HEAP Notice of Funding Availability (NOFA) and Large Cities to address their immediate homelessness challenges. This Standard Agreement along with all its exhibits ("Agreement") is entered into by-the Agency and an Administrative Entity or Large City ("Contractor") under the authority of, and in furtherance of the purpose of, the Program. In signing this Agreement and thereby accepting this award of funds, the Contractor agrees to comply with the terms and conditions of the Agreement, the Notice of Funding Availability ("NOFA") under which the Contractor applied, the representations contained in the Contractor's application, and the requirements of the authority cited above. 2. Purpose The general purpose of the Program is to provide one-time block grant funding to address the immediate emergency needs of homeless individuals and individuals at imminent risk of homelessness in the service-area of each Contractor. In accordance with the authority cited above, an application was made by the Contractor for HEAP funds to be allocated for eligible uses under the grant, which include, but are not limited to, the following: services, rental,assistance or subsidies, capital improvements and homeless youth activities. 3. Definitions Terms herein shall have the same meaning as the definitions set forth in the HEAP NOFA. 4. Scope of Work The Scope of Work("Work") for this Agreement shall include one-time uses that are consistent with Chapter 5 (commencing with Section 50210) of Part 1 of Division 31 of the Health and Safety Code, and all other relevant provisions established under SB 850 (Chapter 48, Statutes of 2018), for eligible uses, which include, but are not limited to, one or more of the following: Homeless Emergency Aid Program Contractor's InitiaAA41— NOFA Dater 09/05/2018 Exhibit C 2of17 County of Fresno 18-HEAP-00027 Page 2 of 3 Standard Agreement EXHIBIT A A. Services, B. Rental Assistance or Subsidies, C. Capital Improvements, D. Homeless Youth Set-Aside, E. Administrative Costs, and F. Other 5. Agency Contract Coordinator The Agency's Contract Coordinator for this Agreement is the Council's HEAP Grant Manager or the Grant Manager's designee. Unless otherwise instructed, any notice, report, or other communication requiring Contractor signature for this Agreement shall be mailed by first class mail to the Agency Contract Coordinator at the following address: Business, Consumer Services and Housing Agency Attn: Homeless Emergency Aid Program Grant Manager 915 Capitol Mall, Suite 350-A Sacramento, CA 95814 6. Contractor's Contract Coordinator The Contractor's Contract Coordinator ("Authorized Representative") for this Agreement is listed below. Unless otherwise informed, any notice, report or other communication required by this Agreement will be mailed by first class mail to the Contractor's Contract Coordinator at the following address: Contractor's Authorized Representative Laura Moreno, Program Manager I Name: i Address: 200 W. Pontiac Way, Building 3 ` Clovis, CA 93612 Phone: (559) 600-2335 Email: lhaga@fresnocountyca.gov Homeless Emergency Aid Program NOFA Date: 09/05/2018 Exhibit C 3of17 County of Fresno 18-HEAP-00027 Page 3 of 3 Standard Agreement EXHIBIT A 7. 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. All HEAP grant funds must be at least fifty percent contractually obligated by January 1, 2020. One hundred percent of Program funds must be expended by June 30, 2021. Any funds not expended by that date shall be returned to the Agency and will revert to the General Fund (See Health and Safety Code Section 50215). 8. Special Conditions Agency reserves the right to add any special conditions to this Agreement it deems necessary to ensure the goals of the Program are achieved. Homeless Emergency Aid Program NOFA Date: 09/05/2018 Exhibit C 4of17 County of Fresno 18-HEAP-00027 Page 1 of 3 Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS Homeless Emergency Aid Program (HEAP) 1. Budget Detail The Contractor agrees that HEAP funds shall be expended on one-time uses that address immediate homelessness challenges. Consistent with the application submitted by the Contractor on December 12, 2018, the Business, Consumer Services and Housing Agency ("Agency") shall award funds in the form of a grant for the following eligible activities: A. Capital Improvements: $ 0.00 B. Services: $ 7,073,213.70 C. Rental Assistance or Subsidies: $ 994,679.00 D. Homeless Youth Set-Aside: $ 475,068.14 E. Administrative Costs: $ 475,068.00 F. Other: $ 483,334.00 Total HEAP Award Amount: $9,501,362.84 2. General Conditions Prior to Disbursement General Requirements — All Contractors must submit the following forms prior to HEAP funds being released: A. Request for Funds Form (RFF), B. Four original copies of the signed STD. 213 form and initialed Exhibits A through D, and ' C. Any other documents, certifications, or evidence requested by Agency as part of the HEAP application. 3. Expenditure of Funds Specific requirements and deadlines for contractually obligating and expending awarded funds are defined in the HEAP statutes. Health and Safety Code Sections 50214 and.50215 mandate the following: A. No more than five (5) percent of HEAP funds may be used for administrative costs related to the execution of eligible activities. B. No less than five (5) percent of HEAP funds shall be used to establish or expand services meeting the needs of homeless youth or youth at risk of homelessness. C. No less than 50 percent of HEAP funds shall be contractually obligated by January 1, 2020. D. One hundred percent of HEAP funds shall be expended by June 30, 2021. Homeless Emergency Aid Program Contractors Initi46 NOFA Date:'09/05/2018 Exhibit C 5of17 County of Fresno 18-HEAP-00027 Page 2 of 3 Standard Agreement EXHIBIT B E. Any funds not expended by June 30, 2021 shall be returned to Agency and will revert to the General Fund. Homeless Coordinating and Financing Council ("Council") staff will provide ongoing technical assistance and training to support Contractors in successfully complying with these requirements and deadlines. HEAP funds may not be obligated and expended prior to the effective date of this Agreement or prior to Contractor's receipt of HEAP funds, whichever date is later, even if it is for an eligible use under the statute. Program funds shall be expended in compliance with the requirements set forth in Chapter 5 of Part 1 of Division 31 of the Health and Safety Code and all other relevant provisions established under SB 850, the NOFA, and this Agreement. 4. Disbursement of Funds HEAP funds will be disbursed to the Contractor upon receipt, review and approval of the completed RFF by Agency, which will then forward the RFF to the State Controller's Office ("SCO") for a check to be issued. The RFF must include the proposed activities and amount of funds proposed for expenditure under each eligible use. HEAP funds will be disbursed in a single allocation once the RFF has been received by the SCO. 5. Budget Changes After the effective date of this Agreement, the Contractor agrees that no changes shall be made to the Contractor's HEAP budget, funded homeless service providers ("subrecipients"), or eligible activities listed in the RFF without first obtaining approval from Agency. Any changes to this Agreement must be requested by the Contractor in writing through submission of a Change Request Form. Changes must be approved in writing by Agency. 6. Ineligible Costs HEAP funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code Section 50214. Agency reserves the right to request additional information and clarification to determine the reasonableness and eligibility of all costs to be paid with funds made available by this Agreement. If the Contractor or its funded subrecipients use HEAP funds to pay for ineligible activities, the Contractor shall be required to reimburse these funds to Agency. Homeless Emergency Aid Program NOFA Date: 09/05/2018 Exhibit C 6of17 County of Fresno 18-HEAP-00027 Page 3 of 3 Standard Agreement EXHIBIT B A. An expenditure which is not authorized by this Agreement, or which cannot be adequately documented, shall be disallowed and must be reimbursed to Agency by the Contractor. B. Expenditures for activities not described in Exhibit A or Paragraph 1 above shall be deemed authorized if the activities are consistent with Health and Safety Code Section 50214 and such activities are included in the approved RFF or are approved in writing by Agency prior to the expenditure of funds for those activities. C. Agency, at its sole and reasonable discretion, shall make the final determination regarding the allowability of expenditures of HEAP funds. D. Program funds shall not be used for overhead or planning activities, including Homeless Management Information Systems or Homelessness Plans. 7. Administrative Costs The Contractor must comply with Health and Safety Code Section 50214, which limits administrative costs related to the execution of eligible activities to no more than five percent of HEAP funds. For purposes of this Program, "administrative costs" does not include staff costs directly related to carrying out the eligible activities described in Paragraph 1 of this Exhibit. Homeless Emergency Aid Program NOFA Date: 09/05/2018 Exhibit C 7of17 County of Fresno 18-HEAP-00027 Page 1 of 9 Standard Agreement EXHIBIT C TERMS AND CONDITIONS Homeless Emergency Aid Program (HEAP) 1. Effective Date, Commencement of Work and Completion Dates A. This Agreement is effective upon approval by Agency, which is indicated by the signature provided by Agency in the, lower left-hand corner of page one, Standard Agreement, STD. 213, when signed'by all parties. Contractor agrees that the work shall not commence, nor any costs to be paid with HEAP funds be incurred or obligated by any party, prior to execution of this Agreement by Agency and the Contractor, or prior to Contractor's receipt of HEAP funds, whichever date is later. Contractor agrees that the work shall be completed by the expenditure date specified in Exhibit A, Paragraph 6. B. Contractor must contractually obligate no less than 50 percent of HEAP funds by January 1, 2020. One hundred percent of HEAP funds shall be expended by June 30, 2021. Any funds not expended by June 30, 2021 shall be returned to Agency and revert to the GeneralFund. "Obligate" means that the Contractor has placed orders, awarded contracts, received services, or entered similar transactions that require payment from the grant amount. In the case of an award made to a general purpose local government that subcontracts with private nonprofit organizations via letters of awards and Service Provider Agreements, the Subcontractors are required to obligate the funds by the same statutory deadlines. "Expended" means all HEAP funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding. C. Contractor and its Subcontractors agree that the work shall be completed by the expiration date specified in Exhibit A, Paragraph 6 and that the Scope of Work will be provided for the full term of this Agreement. 2. Sufficiency of Funds and Termination A. Agency may terminate this Agreement at any time for cause by giving a minimum of 14 days' notice of termination, in writing, to the Contractor. Cause shall consist of: violations of any terms or conditions of this Agreement, or any breach of contract as described in Paragraph 7; violation of any Federal or State Laws or Regulations; or withdrawal of Agency's expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by Agency, any unexpended funds received by the Contractor shall be returned to Agency within thirty days of the Notice of Termination. B. This Agreement is valid and enforceable only if sufficient funds are made available to Agency by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other Homeless Emergency Aid Program Contractor's Initial NOFA Date: 09/05/2018 Exhibit C 8of17 County of Fresno 18-HEAP-00027 Page 2 of 9 Standard Agreement EXHIBIT C laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner. 3. Transfers Contractor may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except with the prior written approval of Agency and a formal amendment to this Agreement to affect such subcontract or novation. 4. Contractor's Application for Funds Contractor has submitted to Agency an application for HEAP funds to provide urgently needed emergency assistance to homeless people in communities with a declared shelter crisis or applicable waiver as authorized by Health and Safety Code Section 50212(b). Agency is entering into this Agreement on the basis of, and in substantial reliance upon, Contractor's facts, information, assertions and representations contained in that Application, and in any subsequent modifications or additions thereto approved by Agency. The Application and any approved modifications and additions thereto are hereby incorporated into this Agreement. Contractor warrants that all information, facts, assertions and representations contained in the Application and approved modifications and additions thereto are true, correct, and complete to the best of Contractor's knowledge. In the event that any part of the Application and any approved modification and addition thereto is untrue, incorrect, incomplete, or 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 hereof and take such action or pursue such remedies as are provided for breach hereof. 5. Reporting/Audits A. The Contractor shall submit an annual report to Agency on forms provided by Agency, by January 1, 2020 and January 1, 2021. If the Contractor fails to provide such documentation, Agency may disencumber any portion of the amount authorized by this Agreement with a 14-day written notification. The Contractor shall also submit a final report by September 30, 2021. B. The annual report shall contain a detailed report containing the following: 1. Amounts awarded to subrecipients with activity(ies) identified. 2. Contract expenditures. 3. Unduplicated number of homeless persons or persons at imminent risk of homelessness served. Homeless Emergency Aid Program NOFA Date 09/05/2018 Exhibit C 9of17 County of Fresno 18-HEAP-00027 Page 3 of 9 Standard Agreement EXHIBIT C 4. Number of instances of service (defined in September 5, 2018 HEAP NOFA). 5. Increases in capacity for new and existing programs. 6. The number of unsheltered homeless persons becoming sheltered. 7. The number of homeless persons entering permanent housing. Breakdowns will be expected for each activity (i.e. services, capital improvements, rental assistance, etc.) and program type (i.e. emergency shelter, rapid re-housing, outreach, etc.) for the supplemental reporting requirements listed above, when applicable. The same information will also be requested specifically for the following subpopulations, based on priorities defined by the U.S. Department of Housing and Urban Development (HUD): 1. Chronically homeless 2. Homeless veterans 3. Unaccompanied homeless youth 4. Homeless persons in families with children Counts by subpopulation will not be required in cases where that information is unavailable, but it is expected in cases where client information is entered in a Homeless Management Information System (HMIS). Additional breakdowns for other subgroups (e.g. race, ethnicity, disability status, etc.) are optional, if the Contractor chooses to include them. The Contractor will also be asked to comment on the following: 1. Progress made toward local homelessness goals. 2. The alignment between HEAP funding priorities and "Housing First" principles adopted by the Homeless Coordinating and Financing Council. 3. Any other effects from HEAP funding that the CoC or large city would like to share (optional). C. Agency reserves the right to perform or cause to be performed a financial audit. At Agency request, the Contractor shall provide, at its own expense, a financial audit prepared by a certified public accountant. HEAP administrative funds may be used to fund this expense. 1. If a financial audit is required by Agency, the audit shall be performed by an independent certified public accountant. 2. The Contractor shall notify Agency of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by Agency to the independent auditor's working papers. 3. The Contractor is responsible for the completion of audits and all costs of preparing audits. 4. If there are audit findings, the Contractor must submit a detailed response acceptable to Agency for each audit finding within 90 days from the date of the Homeless Emergency Aid Program NOFA Date. 09/05/2018 Exhibit C 10 of 17 County of Fresno 18-HEAP-00027 Page 4 of 9 Standard Agreement EXHIBIT C audit finding report. 6. Retention and Inspection of Records A. The Contractor agrees that Agency or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement. The Contractor agrees to provide Agency or its designee, with any relevant information requested. The Contractor agrees to permit Agency or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other materials that may be relevant to a matter under investigation for the purpose of determining compliance with the Chapter 5 of Part 1 of Division 31 of the Health and Safety Code and all other applicable requirements established under SB 850, HEAP program guidance document published on the website, and this Agreement. B. The Contractor further agrees to retain all records described in Paragraph A for a minimum period of five (5) years after the termination of this Agreement. 1. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it. 7. Breach and Remedies A. The following shall each constitute a breach of this Agreement: 1. Contractor's failure to comply with the terms or conditions of this Agreement. 2. Use of, or permitting the use of, HEAP funds provided under this Agreement for any ineligible activities. 3. Any failure to comply with the deadlines set forth in this Agreement. B. In addition to any other remedies that may be available to Agency in law or equity for breach of this Agreement, Agency may: 1. Bar the Contractor from applying for future HEAP funds; 2. Revoke any other existing HEAP award(s) to the Contractor; 3. Require the return of any unexpended HEAP funds disbursed under this Agreement; 4. Require repayment of HEAP funds disbursed and expended under this Agreement; 5. Require the immediate return to Agency of all funds derived from the use of HEAP funds including, but not limited to recaptured funds and returned funds; Homeless Emergency Aid Program NOFA Date 0 9/0 512 0 1 8 Exhibit C 11 of 17 County of Fresno 18-HEAP-00027 Page 5 of 9 Standard Agreement EXHIBIT C 6. Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the technical assistance in accordance with HEAP requirements; and 7. Seek such other remedies as may be available under this Agreement or any law. C. All remedies available to Agency are cumulative and not exclusive. D. Agency may give written notice to the Contractor to cure the breach or violation within a period of not less than 15 days. 8. Waivers No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Agency to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Contractor of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Agency to enforce these provisions. 9. Nondiscrimination During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor or subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section12990 (a-f) et seq.) and the applicable regulations promulgated thereunder(California Code of Regulations, Title 2, section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 10.Conflict of Interest All participants are subject to State and Federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared Homeless Emergency Aid Program NOFA Date 09/05/2018 Exhibit C 12 of 17 County of Fresno 18-HEAP-00027 Page 6 of 9 Standard Agreement EXHIBIT C void. Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code, sections 10410 and 10411, for State conflict of interest requirements. A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services. B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service. C. Employees of the Contractor: Employees of the Contractor shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act, Government Code section 87100 et seq. 11.Drug-Free Workplace Certification Certification of Compliance: By signing this Agreement, Contractor, and its subcontractors, hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Government Code 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions: A. Publish a statement notifying employees and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code section 8355(a)(1). B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355(a)(2) to inform employees, contractors, or subcontractors about all of the following: Homeless Emergency Aid Program NOFA Date: 09/05/2018 Exhibit C 13 of 17 County of Fresno 18-HEAP-00027 Page 7 of 9 Standard Agreement EXHIBIT C 1. The dangers of drug abuse in the workplace: 2. Contractor's policy of maintaining a drug-free workplace; 3. Any available counseling, rehabilitation, and employee assistance programs; and, 4. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations. C. Provide, as required by Government Code section 8355(a)(3), that every employee and/or subcontractor who works under this Agreement: 1. Will receive a copy of Contractor's drug-free policy statement, and 2. Will agree to abide by terms of Contractor's condition of employment or subcontract. 12.Child Support Compliance Act For any Contract Agreement in excess of $100,000, the Contractor acknowledges in accordance with Public Contract Code 7110, that: A. The Contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and B. The Contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 13.Special Conditions —Contractors/Subcontractor The Contractor agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit D. These conditions shall be met to the satisfaction of Agency prior to disbursement of funds. The Contractor shall ensure that all Subcontractors are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of HEAP funds. Failure to comply with these conditions may result in termination of this Agreement. A. The Agreement between the Contractor and any Subcontractor shall require the Contractor and its Subcontractors, if any, to: 1. Perform the work in accordance with Federal, State and Local housing and building codes, as applicable. 2. Maintain at least the minimum State-required worker's compensation for those Homeless Emergency Aid Program NOFA Date: 09/05/2018 Exhibit C 14of17 County of Fresno 18-HEAP-00027 Page 8 of 9 Standard Agreement EXHIBIT C employees who will perform the work or any part of it. 3. Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Contractor or any Subcontractor in performing the Work or any part of it. 4. Agree to include all the terms of this Agreement in each subcontract. 14.Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Contractor agrees to comply with all State and Federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the HEAP program, the Contractor, its Subcontractors, and all eligible activities. Contractor shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Contractor shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Contractor shall provide copies of permits and approvals to Agency upon request. 15.Inspections A. Contractor shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable Federal, State and/or local requirements, and this Agreement. B. Agency reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable Federal, State and/or local requirements, and this Agreement. C. Contractor agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient or Subcontractor until it is corrected. 16.Litigation A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Agency, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable. Homeless Emergency Aid Program NOFA Date? 09/05/2018 Exhibit C 15 of 17 County of Fresno 18-HEAP-00027 Page 9 of 9 Standard Agreement EXHIBIT C B. The Contractor shall notify Agency immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or Agency, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Agency. i Homeless Emergency Aid Program NOFA Date: 09/05/2018 Exhibit C 16 of 17 County of Fresno 18-HEAP-00027 Page 1.of 1 Standard Agreement Exhibit D SPECIAL TERMS AND CONDITIONS Homeless Emercencv Aid Program (HEAP) 1. All proceeds from-any interest-bearing account established by the Contractor for the deposit of HEAP funds, along with any interest-bearing accounts opened by Subrecipients to the Contractor for the deposit of HEAP funds, must be used for HEAP-eligible activities. Consistent with Health and Safety Code Section 50214 (b), no more than five (5) percent of these proceeds may be used for general administrative purposes. At least five (5) percent of these proceeds must be allocated to establishing or expanding services for homeless youth, as defined-In HEAP Program documents. 2. Any,housing-related activities funded with HEAP funds, including but not limited to, emergency shelter,r 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 Institution Code Section 8255(b). 3. The Contractor agrees to provide the Business, Consumer Services and Housing Agency access to Homeless Management Information System ("HMIS') data collected and entered into the Contractor's HMIS, upon request, and to participate in any statewide data initiative as directed by BCSH including but not limited to, a statewide data integration environment. 4. Pursuant to the information provided in the Contractor's application, the following jurisdictions have declared and have in effect a shelter crisis in accordance with Government Code Section 8698.2 at the time of this award, and are eligible to receive HEAP funds throu h the Contractor: City of Coalinga Cit of Madera Madera Count City of Fresno City of Pariier Fresno County City of Huron City of Sanger The following jurisdictions have not declared a shelter crisis at the time of this award and are not eligible to direct receive HEAP funds through-the Contractor: City of Clovis City of Kerman City of Reedley City of Chowchilla City of Kingsburg City of San Joaquin City of Firebaugh City of Orange Cove City of Selma City of Fowler Homeless Emergency Aid Program Contractor's lniti NOFA Date: 09/05/201 B Exhibit C STATE,OF CALIFORNIA 17 of 17 STANDARD AGREEMENT Agreement No. 19-082 STD 213(Rev 06/03) AGREEMENT NUMBER 18-HEAP-00027 REGISTRATION NUMBER CA-514 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME BUSINESS,CONSUMER SERVICES AND HOUSING AGENCY CONTRACTORS NAME County of Fresno 2, The term of this through 10/31/2021. Agreement is: Upon BCSH Approval 3. The maximum amount of this Agreement is: $9,501,362:84 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. Exhibit A- Authority, Purpose and Scope of Work 3 Exhibit B- Budget Detail and Payment Provisions 3 Exhibit C - Terms and Conditions 9 Exhibit D - Special Terms and Conditions 1 TOTAL NUMBER OF PAGES ATTACHED: 16 IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General Services Use Only CONTRACTOR'S NAME(if other than an individual,state whether a corporation,partnership,etc.) County of Fresno BY(Authorized Signature) DATE SIGNED(Do not type) 6e.b12X19 PRINTED NAME AND TITLE OF PERSON SIGNING ADDRESS j 200 W. Pontiac Way, Building 3, Clovis, CA, 93612 STATE OF CALIFORNIA AGENCY NAME BUSINESS, CONSUME SERVICES AND HOUSING AGENCY BY(Authorized re) DATE SIGNED(Do not type) � (� y 1.-) PRINTED NAM D TITLE RSON SIG NZ. Alexis Podesta,Secretary ❑ Exempt per: Business,Consumer Services and Housing Agency ADDRESS 915 Capitol Mall, Suite 350-A, Sacramento,CA 95814 ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors County of Fresno,State of California By .. Deputy Agreement No. 19-452 Exhibit D Page 1 of 14 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(if applicable) STD 213(Rev.0312019) 18-CESH-12459 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CONTRACTOR'S NAME County of Fresno 2. The term of this Agreement is: START DATE Upon HCD Approval THROUGH END DATE Five(5)Years from the Effective Date 3. The maximum amount of this Agreement is: $1,563,085.00 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 PAGES Exhibit A Authority,Purpose and Scope of Work 3 Fxhihit R RUdget Detail and Payment Provisions P. Exhibit C' Stale of California General Terms and Conditions GTC-0412017 Exhibit D CESH Program Terms and Conditions 7 Exhibit E Special Conditions 1 Exhibit F Additional Provisions 0 TOTAL NUMBER OF PAGES ATTACHED 13 pages Items shown with an asterisk('), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at https:IlWww.dgs.ce.govIOLS/Resources IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME(if other than an individual.state whether a corporation,partnership,etc.) County of Fresno CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP P.O.Box 24055 Fresno CA 93779 PRINTED NAME OF PERSON SIGNING TITLE 5% CONTRACTOR AUTHORIZ SI�WATURE� DATE SIGNED STATE OF CALIFORNIA CONTRACTING AGENCY NAME Department of Housing and Community Development CONTRACTING AGENCY ADDRESS CITY STATE ZIP 2020 W.El Camino Ave.,Suite 130 Sacramento CA 95833 PRINTED NAME OF PERSON SIGNING TITLE Synthia Rhinehart Contracts Manager, Business&Contract Services Branch CO ACTING`PGf=NCYAUT IG ATU� DAT DI (`1F,�/ �( California Department of General Services Approval(or exemption,if applicable) ATTEST: BERNICE E. SEIDEL Exempt per;SCM Vol. 1 4.04.A.3(DGS memo dated 6/1 211 98 1) Clerk of the Board of Supervisors Count of Fresno, State of California B Exhibit D Page 2 of 14 County of Fresno 18-CESH-12459 Page 1 of 3 EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK 1. Authority Pursuant to Part 2 of Division 31 Chapter 2.8 of the Health and Safety Code (commencing with Section 50490) enacted in 2018, as amended and in effect from time to time (the "CESH Statutes"), the State has established the California Emergency Solutions and Housing Program (the"Program"). This Standard Agreement along with all its exhibits (the"Agreement") is entered under the authority of, and in furtherance of the purpose of,the Program. Pursuant to Health and Safety Code, Section 50490.1(b), the California Department of Housing and Community Development (referred to herein as "HCD" or "Department") has issued that certain Notice of Funding Availability,dated August 15, 2018, as amended from time to time(the"NOFA")to govern administration of the fund and carry out the Program. 2. Purpose In accordance with the authority cited above, an application was made to the State (the "Application")for assistance from the Program for the purpose of funding eligible activities relating to homelessness within a specified Continuum of Care("CoC") service area, as defined in Health and Safety Code Section 50490. By entering into this Agreement and thereby accepting the award of the CESH grant funds (the "Grant"), the Contractor (sometimes referred to herein as the "Applicant") agrees to comply with the terms and conditions of the NOFA, this Agreement, the representations contained in the Application, and the requirements of the authorities cited above. 3. Definitions Capitalized terms not otherwise defined herein shall have the meaning of the definitions set forth in Health and Safety Code Section 50490. 4. Scope of Work The scope of work("Work")for this Agreement shall consist of one or more of the following eligible uses: A. Rental assistance, housing relocation and stabilization services to ensure housing affordability to individuals experiencing homeless or who are at risk of homelessness. B. Operating subsidies in the form of 15-year capitalized operating reserves for new and existing affordable permanent housing units for homeless individuals and/or families. C. Flexible housing subsidy funds for local programs that establish or support the provision of rental subsidies in permanent housing to assist homeless individuals and families. Funds used for purposes of this paragraph may support rental assistance, bridge subsidies to property owners waiting for approval from another permanent rental subsidy source, vacancy payments, or project-based rent or operating reserves. California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit D Page 3of14 County of Fresno 18-CESH-12459 Page 2 of 3 EXHIBIT A D. Operating support for emergency housing interventions, including, but not limited to, the following: 1) Navigation centers that provide temporary room and board and case managers who work to connect homeless individuals and families to income, public benefits, health services, permanent housing, or other shelter. 2) Street outreach services to connect unsheltered homeless individuals and families to temporary or permanent housing. 3) Shelter diversion, including, but not limited to, homelessness prevention activities such those described in 24 CFR 576.103, and other necessary service integration activities such as those described in 24 CFR 576.105, to connect individuals and families to alternate housing arrangements, services, and financial assistance E. Systems support for activities necessary to maintain a comprehensive homeless services and housing delivery system, including Coordinated Entry System (CES) data, and Homeless Management Information System (HMIS) reporting, and homelessness planning activities. F. Development or updating of a CES, if the CoC does not have a system in place that meets the requirements of 24•CFR 576.400(d) or 24 CFR 578.7(a)(8), as applicable, and related HUD requirements, as set forth in Section II.E.3.A of the NOFA. G. Development of a plan addressing actions to be taken within the CoC service area if no such plan exists. H. Contractor may contract with a Subrecipient if the Contractor determines that the Subrecipient is qualified to carry out the eligible activities with the allocated funds. Subrecipients shall include a unit of local government, a private non-profit, or a for-profit organization 5. Department Contract Coordinator The Department's Contract Coordinator for this Agreement is the Grant Management CESH Program Manager of the Division of Financial Assistance, or their designee. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed by first class to the Department Contract Coordinator at the following address: California Department of Housing and Community Development ATTENTION: California Emergency Solutions and Housing Grant Fund Program (CESH) Grant Management Section 2020 West El Camino Avenue, Suite 400, 95833 P. O. Box 952050 Sacramento, CA 94252-2050 California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit D Page 4 of 14 County of Fresno 18-CESH-12459 Page 3 of 3 EXHIBIT A 6. Contractor Contract Coordinator The Contractor's contract coordinator for this Agreement is the Authorized Representative listed below. Unless otherwise informed, any notice, report, or other communication required by this Agreement may be mailed by first class mail, or sent through a commercial courier to the Authorized Representative at the following address: Authorized Representative Name: Delfino Neira Authorized Representative Title: Director, Department of Social Services Agency Name: County of Fresno Address: 205 W. Pontiac Way Clovis, CA 93612 Phone No.: (559) 600-2301 Email Address: dneira(a)fresnocountyca.gov 7. Effective Date, Term of Agreement, and Deadlines A. This Agreement is effective upon approval by the Department, which is the date executed by all parties (such date, the "Effective Date"). B. This Agreement shall terminate five (5)years after the Effective Date as stated in STD 213, paragraph 2 (such date, the "Expiration Date"). C. Grant expenses must be incurred from the Effective Date of this Agreement until the date which is 90 calendar days prior to the Expiration Date (such date, the "Expenditure Deadline"). D. Any expenses incurred prior to the Effective Date or after the Expenditure Deadline will not be eligible for payment from any Grant funds. Any Grant funds which have not been expended by the Expenditure Deadline shall be disencumbered and revert to the Department. E. Contractor must issue award letters to any Subrecipients within 24 months of an award letter from HCD. California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit D Page 5 of 14 County of Fresno 18-CESH-12459 Page 1 of 2 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. Budget Detail Contractor has been awarded the following grant activity amounts: Rental Assistance, Housing Relocation and Stabilization Services $ 784,931 Operating Support for Emergency Housing Interventions $ 600,000 Development of a Plan Addressing Actions Within Service Area $ 100,000 Projected Administration Costs $ 78,154 TOTAL AWARD AMOUNT $1,563,085 Contractor will be responsible for maintaining oversight of any minimum and maximum grant activity amounts, since they will be evaluating Subrecipient applications and managing those contracts. 2. Conditions of Disbursement Prior to receiving any Grant funds, the Contractor shall submit the following for the Department's approval: A. Payee Data Record (Std. 204) or Government TIN Form, as applicable; B. Certification from the CoC documenting that the Contractor has been designated by the CoC to administer the Grant; C. HUD Coordinated Entry Process Self-Assessment or, alternatively, documentation satisfactory to the Department in its reasonable discretion which demonstrates that a minimum of 20 percent of the allocation to the CoC service area will be used to implement or update its systems to comply with the applicable HUD requirements; D. Local program or project selection process documentation satisfactory to the Department in its reasonable discretion; and, E. Any other documents, certifications, or evidence deemed necessary by the Department prior to disbursement of Grant funds. California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit D Page 6 of 14 County of Fresno 18-CESH-12459 Page 2 of 2 EXHIBIT B 3. Performance A. Contractor must issue award letters to any Subrecipients within 24 months of an award letter from HCD. 4. Fiscal Administration A. The Contractor may request a disbursement of up to 40 percent of total awarded Grant funds at one time. After initial disbursement, Contractor must demonstrate prior to each subsequent disbursement request, using the forms provided by HCD, that at least 80 percent of Grant funds previously disbursed have been expended by Contractor or otherwise awarded to Subrecipients pursuant to the terms of this Agreement. Administrative costs related to the planning and execution of eligible activities shall not exceed 5 percent of each disbursement. B. A separate checking account for the Grant funds is not required. However, the Contractor shall deposit Grant funds in an interest-bearing checking or savings account insured by the federal or state government. All interest earned from the deposit of Grant funds shall be used for eligible Program activities and accounted for in Contractor's annual expenditure report. C. The Contractor shall make a good faith effort to minimize the number of disbursement requests by anticipating and requesting funds in advance. D. The Contractor may request that Grant funds awarded for a certain eligible activity be moved to another awarded activity without an amendment to this Agreement. This request must be made in writing to HCD and shall be effective only upon written HCD approval. HCD's decision to approve or deny any such request shall be final, absent fraud, mistake or arbitrariness. E. Any Grant funds which have not been expended by the Expenditure Deadline must be returned to HCD with accrued interest. Checks shall be made payable to the Department of Housing and Community Development and shall be mailed to the Department at the address below, no later than (thirty) 30 calendar days after the Expenditure Deadline. California Department of Housing and Community Development Accounting Division, Suite 300 2020 W. El Camino Avenue Sacramento, California 95833 California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit D Page 7 of 14 County of Fresno 18-CESH-12459 Page 1 of 7 EXHIBIT D CESH PROGRAM TERMS AND CONDITIONS 1. Strict Compliance Contractor will strictly comply with the terms, conditions and requirements of the CESH Statutes, the NOFA and this Agreement. 2. Contractor's Application for Funds A. Contractor has submitted to the Department an Application for a Grant under the Program. The Department is entering into this Agreement based on, and in substantial reliance upon, Contractor's facts, information, assertions and representations contained in that Application, and in any subsequent modifications or additions thereto approved by the Department. The Application and any approved modifications and additions thereto are hereby incorporated into this Agreement. B. Contractor warrants that all information, facts, assertions and representations contained in the Application and approved modifications and additions thereto are true, correct, and complete to the best of Contractor's knowledge. In the event that any part of the Application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect the Department's approval, disbursement, or monitoring of the funding and the Grants or activities governed by this Agreement, then the Department may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof. 3. Eligible Activities Grant funds awarded to the Contractor and expended by either the Contractor or any Subrecipient shall be used for the eligible activities set forth in Exhibit A as required by the CESH Statutes. The following additional limitations or requirements shall apply: A. A Contractor shall not use more than 40 percent of any funds allocated in a fiscal year for operating support for emergency housing interventions as described in Health and Safety Code Section 50490.4(f). B. If the CoC does not have a functioning CES and HMIS that meet the requirements of 24 CFR 576.400(d) or 24 CFR 578.7(a)(8), as applicable, and related HUD requirements, as set forth in Section II.E.3.A of the NOFA, a minimum of 20 percent of the allocation to the CoC service area will be used to implement or update its systems to comply with such requirements. Eligible CES costs do not include capital development activities, including, but not limited to, real property-acquisition, construction, or rehabilitation activities. C. A Contractor shall not use more than 5 percent of an allocation for a CoC service area for administrative costs related to the planning and execution of eligible activities. A Contractor may share any funds available for administrative costs with Subrecipients. California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit D Page 8 of 14 County of Fresno 18-CESH-12459 Page 2 of 7 EXHIBIT D D. Rental assistance provided as an eligible activity shall not exceed 48 months for each assisted household and rent payments shall not exceed two times the current HUD fair market rent for the local area, as determined pursuant to 24 CFR part 888. 4. Core Practices A. A Contractor or Subrecipient must provide eligible activities in a manner consistent with the housing first practices described in California Code of Regulations, title 25, section 8409(b)(1)-(6). A Contractor or Subrecipient allocated funds for eligible activities that provide permanent housing shall incorporate the core components of Housing First as provided in Section 8255(b) of the Welfare and Institutions Code. B. Except in the case of a program or project specifically targeting homelessness prevention activities as part of shelter diversion activities, as described in Section II.B.4.0 of the NOFA, a Contractor that is allocated CESH Program funds shall prioritize assistance to homeless individuals and families over assistance to individuals and families at risk of homelessness. 5. Monitoring Grant Activities A. Contractor shall monitor the activities selected and awarded by them to ensure compliance with CESH requirements. An onsite monitoring visit of Subrecipients and any other service providers shall occur whenever determined necessary by the Contractor, but at least once during the Grant period. B. The Department will monitor the performance of the Contractor based on a risk assessment and according to the terms of this Agreement. The Department may also monitor any Subrecipients of the Contractor as the Department deems appropriate based on a risk assessment. C. The Department will monitor the performance of the Contractor and funded projects based on the performance measures tracked by HMIS data for the CoC service area. The Department will work collaboratively with the Contractor to develop performance improvement plans if project-level or system-wide performance is determined to be substandard by the Department in its reasonable discretion. D. As requested by the Department, the Contractor shall submit to the Department all CESH monitoring documentation necessary to ensure that Contractor and its Subrecipients are in continued compliance with CESH requirements. Such documentation requirements and the submission deadline shall be provided by the Department at the time such information is requested from the Contractor. California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit D Page 9 of 14 County of Fresno 18-CESH-12459 Page 3 of 7 EXHIBIT D 6. Reporting/Audits A. Commencing with the Effective Date of this Agreement and continuing through the Expiration Date, the Contractor shall submit an annual report to the Department by July 31 of each year that reports all activities from the previous fiscal year(7/1-6/30), on forms provided by the Department. The first report will be due on July 31, 2020 and will report all activities from date of initial fund disbursement through June 30, 2019 in addition to reporting all activities from the 7/1/19—6/30/20 fiscal year. B. The annual expenditure report shall contain a detailed report which must include, at a minimum: 1) The Contractor's program or project selection process performed in collaboration with the CoC; 2) Amounts awarded to Subrecipients with the activity(ies) identified; 3) Projected performance measures; 4) Contract expenditures; 5) The expenditures and activities of any Subrecipients for each year of the term of the contract with HCD until all funds awarded to a Subrecipient have been expended; and, 6) Progress on the following performance measures and others established by the Contractor and described in the Application to evaluate success in implementing eligible activities: a) The number of homeless persons served; b) The number of unsheltered homeless persons served, and the average length of time spent as homeless before entry into the program or project; c) The number of homeless persons exiting the program or project to permanent housing; and, d) The number of persons that return to homelessness after exiting the program or project. C. The Contractor is responsible for the completion of audits and all costs of preparing audits. California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit D Page 10 of 14 County of Fresno 18-CESH-12459 Page 4 of 7 EXHIBIT D D. The Department reserves the right to perform or cause to be performed a financial audit. At the Department's request, the Contractor shall provide, at its own expense, a financial audit prepared by a certified public accountant. E. If a financial audit is required by the Department, the audit shall be performed by an independent certified public accountant. Selection of an independent audit firm shall be consistent with procurement standards contained in 24 CFR 85.36. 1) The Contractor shall notify the Department of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by the Department to the independent auditor's working papers. 2) The Contractor is responsible for the completion of audits and all costs of preparing audits. 3) If there are audit findings, the Contractor must submit a detailed response acceptable to the Department for each audit finding within 90 days from the date of the audit finding report. 7. Retention and Inspection of Records A. The Contractor is responsible for maintaining records which fully disclose the activities funded by the Grant. Adequate documentation of each transaction shall be maintained to permit the determination, through an audit if requested by the State, of the accuracy of the records and the allowability of expenditures charged to Grant funds. B. The Contractor agrees that the Department or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement. The Contractor agrees to provide the Department or its designee, with any relevant information requested. The Contractor agrees to permit the Department or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation forthe purpose of determining compliance with the CESH Statutes, the NOFA, and this Agreement. C. The Contractor further agrees to retain all records for a period of (5) five years after the end of the term of this Agreement: 1) If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started 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. California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit D Page 11 of 14 County of Fresno 18-C ES H-12459 Page 5 of 7 EXHIBIT D 2) The Contractor also agrees to include in any contract that it enters into in an amount exceeding $10,000, the Department's right to audit the contractor's records and interview their employees. The Contractor shall comply with the caveats and be aware of the penalties for violation of fraud and for obstruction of investigation as set forth in California Public Code Section 10115.10. D. The determination by the Department of the eligibility of any expenditure shall be final. If the eligibility of any expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed, and HCD shall determine the reimbursement method for the amount disallowed. E. The Contractor shall retain all books and records relevant to this Agreement for a minimum of (5) five years after the end of the term of this Agreement. Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five years after the conclusion or resolution of the matter. 8. Breach and Remedies A. The following shall each constitute a breach of this Agreement: 1) Contractor's failure to comply with the terms of this Agreement. 2) Use of, or permitting the use of, Grant funds provided under this Agreement for any ineligible costs or for activities not approved under this Agreement. 3) Any failure to comply with the deadlines set forth in this Agreement. B. In addition to any other remedies that may be available to the Department in law or equity for breach of this Agreement, the Department may: 1) Bar the Contractor from applying for future CESH funds; 2) Revoke any other existing CESH award(s)to the Contractor; 3) Require the return of any unexpended CESH funds disbursed under this Agreement; 4) Require repayment of CESH funds disbursed and expended under this agreement; 5) Require the immediate return to the Department of all funds derived from the use of CESH funds including, but not limited to recaptured funds and returned funds; 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 the CESH Program requirements; and, California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit D Page 12 of 14 County of Fresno 18-CESH-12459 Page 6 of 7 EXHIBIT D 7) Seek such other remedies as may be available under the relevant agreement or any law. C. All remedies available to the Department are cumulative and not exclusive. D. The Department may give written notice to the Contractor to cure the breach or violation within a period of not less than 15 days. 9. Termination A. The Department may terminate this Agreement at any time for cause by giving a minimum of fourteen (14) days' notice of termination, in writing, to the Contractor. Cause shall consist of, violations of any terms and/or special conditions of this Agreement, the CESH Statutes, or the NOFA. Upon termination of this Agreement, unless otherwise approved in writing by the Department, any unexpended funds received by the Contractor shall be returned to the Department within thirty(30) days of the notice of termination. B. This Agreement is subject to any additional restrictions, limitations or conditions, or statute, 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 the State of Califomia governments, which may affect the provisions, terms or funding of this Agreement in any manner. C. The Department has the option to terminate this Agreement under the fourteen (14) day cancellation clause or to amend this Agreement to reflect any reduction of funds. 10. 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 the Department to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Contractor of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions. 11. Relocation Contractor shall comply with all requirements of applicable California relocation law (Gov. Code, § 7260 et seq. and the regulations promulgated thereunder at Cal. Code Regulations, Title. 25, § 6000 et seq.). Any relocation plan for the Development shall be subject to the review and approval by the State. California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit D Page 13 of 14 County of Fresno 18-CESH-12459 Page 7 of 7 EXHIBIT D 12. Special Conditions-Contractors and Subrecipients The Contractor agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions shall be met to the satisfaction of the Department prior to disbursement of funds. The Contractor shall ensure that all Subrecipients are made aware of and agree to comply with all conditions of this Agreement and the applicable State requirements governing the use of Grant funds. The Contractor shall ensure that all Subrecipients are qualified to do business and in good standing with the California Secretary of State and the California Franchise Tax Board. Failure to comply with these conditions may result in cancellation of this Agreement. 13. Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Contractor agrees to comply with all State and Federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the Grant, the Contractor, its Subrecipients, and any other Grant activity. 14. 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 the Department, 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 Contractor shall notify the Department immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or the Department 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 the Department. California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit D Page 14 of 14 County of Fresno 18-CESH-12459 Page 1 of 1 EXHIBIT E SPECIAL, CONDITIONS These Special Conditions are specific for this Standard Agreement. 1. None. California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit D-1 Page 1 of 14 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL Agreement No.20-158 SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING Aumorvry NU'BER(d apphc b'u) STD 213(Rev.0312019) 19•CESH-12962 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CONTRACTOR'S NAME County of Fresno 2. The term of this Agreement is: START DATE Upon HCD Approval THROUGH END DATE Five(5)Years from the Effective Date 3. The maximum amount of this Agreement is: S879,281.00 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 PAGES Exhibit A Authority,Purpose and Scope of Work 3 Exhibit B Budget Detail and Payment Provisions 2 Exhibit C' State of California General Terms and Conditions GTC-04/2017 Exhibit D CESH Program Terms and Conditions 7 Exhibit E Special Conditions 1 Exhibit F Additional Provisions 0 TOTAL NUMBER OF PAGES ATTACHED 13 pages Items shown with an asterisk('), are hereby incorporated by reference and made par,or this agreement as iraftached hereto. These documents can be viewed at hflps.1M1ww.dgs.ca.gov/OI_S/Resources IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.) County of Fresno CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP P.O.Box 24055 Fresno CA 93779 PRINTED NAME OF PERSON SIGNING TITLE Ernest Buddy Mendes Chairman CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED STATE OF CALIFORNIA � CONTRACTING AGENCY NAME Department of Housing and Community Development CONTRACTING AGENCY ADDRESS CITY STATE ZIP 2020 W. El Camino Ave.,Suite 130 Sacramento CA 95833 PRINTED NAME OF PERSON SIGNING TITLE Synihia Rhineharl Contracts Manager, Business 8 Contract Services Branch CONTRACTING AGENCY AUTHORI ED SIGNATURE DATE SIGNED �4WwL 5 �q f a aav California Department of General Services Approval(or exemption,if applicable) ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors Exempt per;SCM Vol. 1 4.04.A.3(DGS memo dated 6/12/1981) County of Fresno,State of California By Deputy Exhibit D-1 Page 2 of 14 County of Fresno 19-CESH-12962 Page 1 of 3 EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK 1. Authority Pursuant to Chapter 2.8 (commencing with Section 50490) of Part 2 of Division 31 of the Health and Safety Code enacted in.2018, as amended and in effect from time to time (the "CESH Statutes"), the State has established the California Emergency Solutions and Housing Program (the "Program"). This Standard Agreement along with all its exhibits (the "Agreement") is entered under the authority of, and in furtherance of the purpose of, the Program. Pursuant to Health and Safety Code, Section 50490.1(b), the California Department of Housing and Community Development (referred to herein as "HCD" or "Department') has issued that certain Notice of Funding Availability, dated March 21, 2019, as amended from time to time(the"NOFA")to govern administration of the fund and carry out the Program. 2. Purpose In accordance with the authority cited above, an application was made to the Department (the "Application")for assistance from the Program for the purpose of funding eligible activities relating to homelessness within a specified Continuum of Care ("CoC") service area, as defined in Health and Safety Code Section 50490. By entering into this Agreement and thereby accepting the award of the CESH grant funds (the "Grant'), the Contractor (sometimes referred to herein as the "Applicant") agrees to comply with the terms and conditions of the NOFA, this Agreement, the representations contained in the Application, and the requirements of the authorities cited above. 3. Definitions Capitalized terms not otherwise defined herein shall have the meaning of the definitions set forth in Health and Safety Code Section 50490. 4. Scope of Work The scope of work("Work")for this Agreement shall consist of one or more of the following eligible uses: A. Rental assistance, housing relocation and stabilization services to ensure housing affordability to individuals experiencing homeless or who are at risk of homelessness. B. Operating subsidies in the form of 15-year capitalized operating reserves for new and existing affordable permanent housing units for homeless individuals and/or families. C. Flexible housing subsidy funds for local programs that establish or support the provision of rental subsidies in permanent housing to assist homeless individuals and families. Funds used for purposes of this paragraph may support rental assistance, bridge subsidies to property owners waiting for approval from another permanent rental subsidy source, vacancy payments, or project-based rent or operating reserves. California Emergency Solutions and Housing Program (CESH) NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Exhibit D-1 Page 3 of 14 County of Fresno 19-CESH-12962 Page 2 of 3 EXHIBIT A D. Operating support for emergency housing interventions, including, but not limited to, the following: 1) Navigation centers that provide temporary room and board and case managers who work to connect homeless individuals and families to income, public benefits, health services, permanent housing, or other shelter. 2) Street outreach services to connect unsheltered homeless individuals and families to temporary or permanent housing. 3) Shelter diversion, including, but not limited to, homelessness prevention activities such those described in 24 CFR 576.103, and other necessary service integration activities such as those described in 24 CFR 576.105, to connect individuals and families to alternate housing arrangements, services, and financial assistance. E. Systems support for activities necessary to maintain a comprehensive homeless services and housing delivery system, including Coordinated Entry System (CES) data, and Homeless Management Information System (HMIS) reporting, and homelessness planning activities. F. Development or updating of a CES, if the CoC does not have a system in place that meets the requirements of 24 CFR 576.400(d) or 24 CFR 578.7(a)(8), as applicable, and related HUD requirements, as set forth in Section II.E.3.A of the NOFA. G. Development of a plan addressing actions to be taken within the CoC service area if no such plan exists. H. Contractor may contract with a Subrecipient if the Contractor determines that the Subrecipient is qualified to carry out the eligible activities with the allocated funds. Subrecipients shall mean a unit of local government, a private non-profit, or a for-profit organization. 5. Department Contract Coordinator The Department's contract coordinator for this Agreement is the CESH Program Manager, Contract Management Section, Division of Financial Assistance, or the CESH Program Manager's designee. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed by first class to the Department contract coordinator at the following address: California Department of Housing and Community Development Attention: California Emergency Solutions and Housing Program Grant Management Section 2020 West El Camino Avenue, Suite 400, 95833 P. O. Box 952050 Sacramento, CA 94252-2050 California Emergency Solutions and Housing Program (CESH) NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Exhibit D-1 Page 4 of 14 County of Fresno 19-CESH-12962 Page 3 of 3 EXHIBIT A 6. Contractor Contract Coordinator The Contractor's contract coordinator for this Agreement is the Authorized Representative listed below. Unless otherwise informed, any notice, report, or other communication required by this Agreement may be mailed by first class mail, or sent through a commercial courier to the Authorized Representative at the following address: Authorized Representative Name: Delfino E. Neira Authorized Representative Title: Director Department of Social Services Agency Name: County of Fresno Address: 205 West Pontiac Way Clovis, CA 93612 Phone No.: (559) 600-2301 Email Address: dneira(a�fresnocountyca.gov 7. Effective Date, Term of Agreement, and Deadlines A. This Agreement is effective upon approval by all parties and the Department, which is evidenced by the date signed by the Department on page one, Standard Agreement, STD 213 (the "Effective Date"). B. This Agreement shall terminate five (5) years after the Effective Date as stated in STD 213, paragraph 2 (such date, the "Expiration Date"). C. Grant expenses must be incurred from the Effective Date of this Agreement until the date which is 90 calendar days prior to the Expiration Date (such date, the "Expenditure Deadline"). D. Any expenses incurred prior to the Effective Date or after the Expenditure Deadline will not be eligible for payment from any Grant funds. Any Grant funds which have not been expended by the Expenditure Deadline shall be disencumbered and revert to the Department. E. Contractor must issue award letters to any Subrecipients within 24 months of an award letter from HCD. California Emergency Solutions and Housing Program (CESH) NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Exhibit D-1 Page 5 of 14 County of Fresno 19-CESH-12962 Page 1 of 2 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. Budget Detail Contractor has been awarded the following grant activity amounts: Rental Assistance, Housing Relocation and Stabilization Services $735,317 Systems Support $ 75,000 Development of a Plan Addressing Actions Within Service Area $ 25,000 Projected Administration Costs TOTAL AWARD AMOUNT $879,281 Contractor will be responsible for maintaining oversight of any minimum and maximum grant activity amounts, since they will be evaluating Subrecipient applications and managing those contracts. 2. Conditions of Disbursement Prior to receiving any Grant funds, the Contractor shall submit the following for the Department's approval: A. Payee Data Record (STD 204) or Government TIN Form, as applicable; B. Certification from the CoC documenting that the Contractor has been designated by the CoC to administer the Grant; C. HUD Coordinated Entry Process Self-Assessment or, alternatively, documentation satisfactory to the Department in its reasonable discretion which demonstrates that a minimum of 20 percent of the allocation to the CoC service area will be used to implement or update its systems to comply with the applicable HUD requirements; D. Local program or project selection process documentation satisfactory to the Department in its reasonable discretion; and, E. Any other documents, certifications, or evidence deemed necessary by the Department prior to disbursement of Grant funds. 3. Performance Contractor must issue award letters to any Subrecipients within 24 months of an award letter from HCD and observe all other performance requirements as specified herein. California Emergency Solutions and Housing (CESH) Program NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Exhibit D-1 Page 6 of 14 County of Fresno 19-CESH-12962 Page 2 of 2 EXHIBIT B 4. Fiscal Administration A. The Contractor may request a disbursement of up to 40% of total awarded Grant funds at one time. After initial disbursement, Contractor must demonstrate prior to each subsequent disbursement request, using the forms provided by HCD, that at least 80% of Grant funds previously disbursed have been expended by Contractor or otherwise awarded to Subrecipients pursuant to. the terms of this Agreement. Administrative costs related to the planning and execution of eligible activities shall not exceed 5% of each disbursement. B. A separate checking account for the Grant funds is not required. However, the Contractor shall deposit Grant funds in an interest-bearing checking or savings account insured by the federal or state government. All interest earned from the deposit of Grant funds shall be used for eligible Program activities and accounted for in Contractor's annual expenditure report. C. The Contractor shall make a good faith effort to minimize the number of disbursement requests by anticipating and requesting funds in advance. D. The Contractor may request that Grant funds awarded for a certain eligible activity be moved to another awarded activity without an amendment to this Agreement. This request must be made in writing to HCD and shall be effective only upon written HCD approval. HCD's decision to approve or deny any such request shall be final, absent fraud, mistake or arbitrariness. E. Any Grant funds which have not been expended by the Expenditure Deadline must be returned to HCD with accrued interest. Checks shall be made payable to the Department of Housing and Community Development and shall be mailed to the Department at the address below, no later than (thirty) 30 calendar days after the Expenditure Deadline. Department of Housing and Community Development Accounting Division, Suite 300 2020 W. El Camino Avenue Sacramento, California 95833 California Emergency Solutions and Housing (CESH) Program NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Exhibit D-1 Page 7 of 14 County of Fresno 19-CESH-12962 Page 1 of 7 EXHIBIT D CESH PROGRAM TERMS AND CONDITIONS 1. Strict Compliance Contractor will strictly comply with the terms, conditions and requirements of the CESH Statutes, the NOFA and this Agreement. 2. Contractor's Application for Funds A. Contractor has submitted to the Department an Application for a Grant under the Program. The Department is entering into this Agreement based on, and in substantial reliance upon, Contractor's facts, information, assertions and representations contained in that Application, and in any subsequent modifications or additions thereto approved by the Department. The Application and any approved modifications and additions thereto are hereby incorporated into this Agreement. B. Contractor warrants that all information, facts, assertions and representations contained in the Application and approved modifications and additions thereto are true, correct, and complete to the best of Contractor's knowledge. In the event that any part of the Application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect the Department's approval, disbursement, or monitoring of the funding and the Grants or activities governed by this Agreement, then the Department may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof. 3. Eligible Activities Grant funds awarded to the Contractor and expended by either the Contractor or any Subrecipient shall be used for the eligible activities set forth in Exhibit A as required by the CESH Statutes. The following additional limitations or requirements shall apply: A. A Contractor shall not use more than 40% of any funds allocated in a fiscal year for operating support for emergency housing interventions as described in Health and Safety Code Section 50490.4(f). B. If the CoC does not have a functioning CES and HMIS that meet the requirements of 24 CFR 576.400(d) or 24 CFR 578.7(a)(8), as applicable, and related HUD requirements, as set forth in Section II.E.3.A of the NOFA, a minimum of 20% of the allocation to the CoC service area will be used to implement or update its systems to comply with such requirements.. Eligible CES costs do not include capital development activities, including, but not limited to, real property acquisition, construction, or rehabilitation activities. C. A Contractor shall not use more than 5% of an allocation for a CoC service area for administrative costs related to the planning and execution of eligible activities. A Contractor may share any funds available for administrative costs with Subrecipients. California Emergency Solutions and Housing Program (CESH) NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Exhibit D-1 Page 8 of 14 County of Fresno 19-CESH-12962 Page 2 of 7 EXHIBIT D D. Rental assistance provided as an eligible activity shall not exceed 48 months for each assisted household and rent payments shall not exceed two times the current HUD fair market rent for the local area, as determined pursuant to 24 CFR part 888. 4. Core Practices A. A Contractor or Subrecipient must provide eligible activities in a manner consistent with the housing first practices described in California Code of Regulations, title 25, section 8409(b)(1)-(6). A Contractor or Subrecipient allocated funds for eligible activities that provide permanent housing shall incorporate the core components of Housing First as provided in Section 8255(b) of the Welfare and Institutions Code. B. Except in the case of a program or project specifically targeting homelessness prevention activities as part of shelter diversion activities, as described in Section II.B.4.0 of the NOFA, a Contractor that is allocated CESH Program funds shall prioritize assistance to homeless individuals and families over assistance to individuals and families at risk of homelessness. 5. Monitoring Grant Activities A. Contractor shall monitor the activities selected and awarded by them to ensure compliance with CESH requirements. An onsite monitoring visit of Subrecipients and any other service providers shall occur whenever determined necessary by the Contractor, but at least once during the Grant period. B. The Department will monitor the performance of the Contractor based on a risk assessment and according to the terms of this Agreement. The Department may also monitor any Subrecipients of the Contractor as the Department deems appropriate based on a risk assessment. C. The Department will monitor the performance of the Contractor and funded projects based on the performance measures tracked by HMIS data for the CoC service area. The Department will work collaboratively with the Contractor to develop performance improvement plans if project-level or system-wide performance is determined to be substandard by the Department in its reasonable discretion. D. As requested by the Department, the Contractor shall submit to the Department all CESH monitoring documentation necessary to ensure that Contractor and its Subrecipients are in continued compliance with CESH requirements. Such documentation requirements and the submission deadline shall be provided by the Department at the time such information is requested from the Contractor. California Emergency Solutions and Housing Program (CESH) NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Exhibit D-1 Page 9 of 14 County of Fresno 19-CESH-12962 Page 3 of 7 EXHIBIT D 6. Reporting/Audits A. Commencing with the Effective Date of this Agreement and continuing through the Expiration Date, the Contractor shall submit an annual report to the Department by July 31 of each year that reports all activities from the previous fiscal year(7/1-6/30), on forms provided by the Department. The first report will be due on July 31, 2020 and will report all activities from date of initial fund disbursement through June 30, 2020 in addition to reporting all activities from the 7/1/20—6/30121 fiscal year. B. . The annual expenditure report shall contain a detailed report which must include, at a minimum: 1) The Contractor's program or project selection process performed in collaboration with the CoC; 2) Amounts awarded to Subrecipients with the activity(ies) identified; 3) Projected performance measures; 4) Contract expenditures; 5) The expenditures and activities of any Subrecipients for each year of the term of the contract with HCD until all funds awarded to a Subrecipient have been expended; and, 6) Progress on the following performance measures and others established by the Contractor and described in the Application to evaluate success in implementing eligible activities: a. The number of homeless persons served; b. The number of unsheltered homeless persons served, and the average length of time spent as homeless before entry into the program or project; C. The number of homeless persons exiting the program or project to permanent housing; and, d. The number of persons that return to homelessness after exiting the program or project. C. The Contractor is responsible for the completion of audits and all costs of preparing audits. California Emergency Solutions and Housing Program (CESH) NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Exhibit D-1 Page 10 of 14 County of Fresno 19-CESH-12962 Page 4of7 EXHIBIT D D. The Department reserves the right to perform or cause to be performed a financial audit. At the Department's request, the Contractor shall provide, at its own expense, a financial audit prepared by a certified public accountant. E. If a financial audit is required by the Department, the audit shall be performed. by an independent certified public accountant. Selection of an independent audit firm shall be consistent with procurement standards contained in 24 CFR 85.36. 1) The Contractor shall notify the Department of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by the Department to the independent auditor's working papers. 2) The Contractor is responsible for the completion of audits and all costs of preparing audits. 3) If there are audit findings, the Contractor must submit a detailed response acceptable to the Department for each audit finding within 90 days from the date of the audit finding report. 7. Retention and Inspection of Records A. The Contractor is responsible for maintaining records which fully disclose the activities funded by the Grant. Adequate documentation of each transaction shall be maintained to permit the determination, through an audit if requested by the State, of the accuracy of the records and the allowability of expenditures charged to Grant funds. B. The Contractor agrees that the Department or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement. The Contractor agrees to provide the Department or its designee, with any relevant information requested. The Contractor agrees to permit the Department or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the CESH Statutes, the NOFA, and this Agreement. C. The Contractor further agrees to retain all records for a period of (5) five years after the end of the term of-this Agreement: 1) If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started 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. California Emergency Solutions and Housing Program (CESH) NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Exhibit D-1 Page 11 of 14 County of Fresno 19-CESH-12962 Page 5 of 7 EXHIBIT D 2) The Contractor also agrees to include in any contract that it enters into in an amount exceeding $10,000, the Department's right to audit the contractor's records and interview their employees. The Contractor shall comply with the caveats and be aware of the penalties for violation of fraud and for obstruction of investigation as set forth in California Public Code Section 10115.10. D. The determination by the Department of the eligibility of any expenditure shall be final. If the eligibility of any expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed, and HCD shall determine the reimbursement method for the amount disallowed. E. The Contractor shall retain all books and records relevant to this Agreement for a minimum of (5) five years after the end of the term of this Agreement. Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five years after the conclusion or resolution of the matter. 8. Breach and Remedies A. The following shall each constitute a breach of this Agreement: 1) Contractor's failure to comply with the terms of this Agreement. 2) Use of, or permitting the use of, Grant funds provided under this Agreement for any ineligible costs or for activities not approved under this Agreement. 3) Any failure to comply with the deadlines set forth in this Agreement. B. In addition to any other remedies that may be available to the Department in law or equity for breach of this Agreement, the Department may: 1) Bar the Contractor from applying for future CESH funds; 2) Revoke any other existing CESH award(s) to the Contractor; 3) Require the return of any unexpended CESH funds disbursed under this Agreement; 4) Require repayment of CESH funds disbursed and expended under this agreement; 5) Require the immediate return to the Department of all funds derived from the use of CESH funds including, but not limited to recaptured funds and returned funds; 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 the CESH Program requirements; and, California Emergency Solutions and Housing Program (CESH) NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Exhibit D-1 Page 12 of 14 County of Fresno 19-CESH-12962 Page 6of7 EXHIBIT D 7) Seek such other remedies as may be available under the relevant agreement or any law. C. All remedies available to the Department are cumulative and not exclusive and shall survive the expiration date of the contract. D. The Department may give written notice to the Contractor to cure the breach or violation within a period of not less than 15 days. 9. Termination A. The Department may terminate this Agreement at any time for cause by giving a minimum of fourteen (14) days' notice of termination, in writing, to the Contractor. Cause shall consist of, violations of any terms and/or special conditions of this Agreement, the CESH Statutes, or the NOFA. Upon termination of this Agreement, unless otherwise approved in writing by the Department, any unexpended funds received by the Contractor shall be returned to the Department within thirty (30) days of the notice of termination. B. This Agreement is subject to any additional restrictions, limitations or conditions, or statute, 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 the State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner. C. The Department has the option to terminate this Agreement under the fourteen (14) day cancellation clause or to amend this Agreement to reflect any reduction of funds. 10. 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 the Department to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Contractor of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions. 11. Relocation Contractor shall comply with all requirements of applicable California relocation law (Gov. Code, § 7260 et seq. and the regulations promulgated thereunder at Cal. Code Regulations, Title. 25, § 6000 et seq.). Any relocation plan for the Development shall be subject to the review and approval by the State. California Emergency Solutions and Housing Program (CESH) NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Exhibit D-1 Page 13 of 14 County of Fresno 19-CESH-12962 Page 7 of 7 EXHIBIT D 12. Special Conditions-Contractors and Subrecipients The Contractor agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions shall be met to the satisfaction of the Department prior to disbursement of funds. The Contractor shall ensure that all Subrecipients are made aware of and agree to comply with all conditions of this Agreement and the applicable State requirements governing the use of Grant funds. The Contractor shall ensure that all Subrecipients are qualified to do business and in good standing with the California Secretary of State and the California Franchise Tax Board. Failure to comply with these conditions may result in cancellation of this Agreement. 13. Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Contractor agrees to comply with all State and Federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the Grant, the Contractor, its Subrecipients, and any other Grant activity. 14. 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 the Department, 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 Contractor shall notify the Department immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or the Department 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 the Department. California Emergenpy Solutions and Housing Program (CESH) NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09h 9/19 Prep. Date: 10/11/2019 Exhibit D-1 Page 14 of 14 County of Fresno 19-CESH-12962 Page 1 of 1 EXHIBIT E SPECIAL CONDITIONS These Special Conditions are specific for this Standard Agreement. 1. None. California Emergency Solutions and Housing (CESH) Program NOFA Date: 03/21/2019 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Exhibit E 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,03/2019) 1 20-HHAP-00096 1,This Agreement Is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCYNAME 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 condlCons of the following exhibits,which are by this reference made a part of the Agreement. Exhibits Title Wages Exhibit A Scope of Work 1-6 Exhibit B Budget Detall and Payment.Provisions 7-11 Exhibit C Homeless Coordinating and Financing Council Terms and Conditions 12-21 + Exhibit D Special Terms and Conditions 22 + Exhibit E* General Terms and Conditions 23 Items shown with an asterls *,are hereby corporaW by mterence and maorepurto t is agreement as ifWached hereto. These documents can be viewed othLsr//www.dgs,co.aov/OL51Resources_ IN WITNESS WHEREOF,THIS AGREEMENT RAS 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 a dJ ' Deputy Chairman,Board of Supervisors CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED Page 1 of 2 ) Exhibit E 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 E 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 E 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 E 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 E 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 E 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 E 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 E 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 E 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 E 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 E 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 E 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 E 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 E 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 E 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 E 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 E 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 E 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 E 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 E 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 E 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 E 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 E 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 E 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 F Page 1 of 25 Agreement No.20-197 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENTNUMBER PURCHASING AUTHORITY NOMBER(if Applicable) STD 213(Rev.03/2019) 20-HHAP-00097 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(CA-514 Fresno Madera CoQ 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: $2,954,437.15 4.The parties agree to comply with the terms and conditions of the foliowin exhibits which are b this reference made a art of p 9 p Y 5 Y p the Agreement. Exhibits Title Pages Exhibit A Scope of Work 1-6 Exhibit B Budget retail and Payment Provisions 7y1 p'I I Exhibit C Homeless Coordinating and Financing Council Terms and Conditions 92-21 Exhibit D Special Terms and.Conditions 22 + Exhibit E'* General Terms and Conditions 33 Items shown with an asterfs ("),are herebyincorporated byreference an ma a part' this agreement as if attached ereto, j These documents can be viewed otht0i Lv ww;das.co goylOL4 Resources IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BYTHEPART TIES HERETO: CONTRACTOR CONTRACTOR NAME(If othet than an individual,state whether a corporation,partnership,etc.) -- County of Fresno(CA-514 Fresno.Madera CoC) . CONTRACTOR BUSINESS ADDRESS ATTEST: CITY STATE ZIP SE:RNICE E.SEIDEL PO Box 24055 Clerk of the Board of Supervisors Fresno CA 9779 PRINTED NAME OF PERSON SIGNING County of Fresno,State of Califbrrlia TITLE Ernest Buddy Mendes By Deputy Chairman,Board of Supervisors CONTRACTOR AUTHORIZED SIGNATURE DATESIGNED ato.abSic:> Page 1 of 2 Exhibit F Page 2 of 25 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(if Applicable) STD zi s(Rev.03r201 Q) 20-HHAP-00097 STATE OF CALIFORNIA CONTRACTING AGENCY NAME Business,Consumer Services,and Housing Agency CONTRACTING AGENCYADDRESS CITY STATE JZIP 915 Capitol Mail,Suite 350A Sacramento CA 95814 PRINTED NAME OF PERSON SIGNING THE Lourdes Castro Ramirez Secretary CONTRACTINGAGEN UT IZEI)S16 RE DATESIGNED CALIFORNIA DEPARTM FGENERALSERVICESAPPROVAL EXEMPTION(If Applicable) III i i Pace 2 of 2 Exhibit F Page 3 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 1 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK 1. AULhority 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(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 on.e4ime 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 Agreement, pp epresentatio s contained In the Grantee's application, and the requirements of he authority cited above. 2. Purpose I I 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 q 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 I created and submitted by the Grantee for HHAP funds to be allocated for eligible uses as stated in Health and Safety Code section 60219, subdivision (c)(1) (8). Homeless Housing, Assistance and Prevention Program NOFA Date:Decembet 6, 2019 I Exhibit F Page 4 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 2 of 23 Homeless Housing, Assistance and Prevention Standard Agreement 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 60801. (h) "Homeless" has the saute meaning as defined in Section 578.3 of Title 24 of the I 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 Homeless Housing;Assistance and Prevention Program NO FA Date: December6, 2019 Exhibit F Page 5 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 3 of 23 Homeless Housing, Assistance and Prevention Standard Agreement 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-its-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 2:017 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 docurnentatlon 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 shag 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. j (m)"Jurisdiction" means a city, city that is also a county, county, or continuum of care, as defined in this section, i (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. Homeless Housing,Assistance and Prevention Program NOFA Date: December 6, 2019 Exhibit F Page 6 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 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: "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, j emergency shelters, and navigation centers. Operating subsidies may include operating reserves. C. Incentives to landlords, including, but not limited to, security deposits and holding 9 fees. D. Outreach and coordination, which may include access to job programs, to assist vulnerable populations in accessing permanent housing and to promote housing stability in supportive housing. Homeless Housing,Assistance and Prevention Program NOFA Date: December6, 2019 Exhibit F Page 7 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page b 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: 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, Ill. 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 H HAP-Grant-Manager orthe Grant Manager's-designee. The Representatives during the term of this Agreement will be: s PROGRAM GRANTEE Business Consumer Services and Continuum of Care for CA-514 ENTITY: Housing Agency Fresno Madera a SECTIONIUNIT• Homeless Coordinating and Financing Council(HCFC) ADDRESS: 915 Capitol Mall Suite 350-A PO Box 24056 Sacramento, CA 96814 Fresno,CA 03770 i CONTRACT MANAGER Amber Ostrander Laura Moreno program Manager PHONE NUMBER: 916-651-7995 559-600-2335 EMAIL ADDRESS: Amber,Ostrander@bcsh.ca.gov Ihaga@fresnocountyco.gov Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 i Exhibit F Page 8 of 25 Continuum of Care for CA-614 Fresno Madera 20-HHAP-00097 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(abcsh.ca.goy. The Council reserves the right to change their representative and/or contact Information at any time with notice to the Grantee. fi. Effective pate, 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 i under (Health & Safety Code, § 50220, subdivision (a)(4)(13) i C. Full Expenditure of HHAP Grant Funds • All HHAP grant funds (100 percent) must be expended by June 30,2026. Any funds not expended by that date shall revert to :the General Fund. (Health & Safety Code, § 50220, 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; December6,2019 Exhibit F Page 9 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 7 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT D BUDGET DETAIL AND PAYMENT PROVISIONS 1, Budget detail & Changes The Grantee agrees that HHAP funds shall be expended on uses thatsupport 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 Manawrittenea �ro alill f�omnd tthe Grantee Grant Manager or der'desf request, Failure to obtain -- � pp g his/her designee as required by this section may be considered a breach of this Agreement. 2. Genieral 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 STIR 213 form and initialed Exhibits.A through E. C. Data. Use Agreement (all continuums of care, including those that redirected funding to another jurisdiction - see Exhibit D for relevant Special Terms and Conditions) Homeless Housing,Assistance and Prevention Program p At NOFA Date: December 6, 2019 f Exhibit F Page 10 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 8 of 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 3. Disbursement of Funds HHAP funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Agency, the Department of General Services (DGS) and the State 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 maybe expended for the following uses that are intended to meet,federal requirements for housing fuinding: (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: Homeless Housing,Assistance and Prevention Program NOFA Date: December 6, 2019 Exhibit F Page 11 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 9 of 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS (1) On or before June 30, 2023, the Grantee submits an alternative disbursement plan to Agency that includes an explanation for the delay and a plan to fully expend these funds by December 31, 2023. (2) Agency approves the alternative disbursement plan. If the funds identified in the approved alternative disbursement plan are not fully expended by December 31, 2023, the funds shall be returned to Agency. E. Grantees that are counties shall contractually obligate the full allocation (100 percent) awarded to them by May 31, 2023. Any funds that are not contractually obligated by this date shall be reverted to the continuum of care that 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 1 following requirements are applicable: A. Reimbursement is not permitted for activities occurring prior to July 1, 2019. 0 Homeless Housing,Assistance and Prevention Program NOFA Date:December 6,2019 I Exhibit F Page 12 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 10 of 23 Homeless dousing, assistance and Prevention Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS i E. 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 50213 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 1 to Agency, i I An expenditure which is not authorized by this Agreement, or by written approval of the Grant Manager or his/her designee, or which cannot be adequately documented, shall be disallowed and must be reimbursed to Agency by the Grantee. Agency, at its sole and absolute discretion, shall make the final determination regarding the allowability of HHAP fund expenditures. Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 i Exhibit F Page 13 of 25 Continuum of Care for CA-514 Fresno Madera, 20-HHAP-00097 Page 11 of 23 Homeless Housing, Assistance and Prevention Standard Agreement 7. Administrative Costs The Grantee must comply with Health and Safety -Code section 50219, subdivision (e), which limits the Grantee's administrative costs to no more than 7 percent of total HHAP funds received. For purposes of this requirement, "administrative costs" does not include staff or other costs directly related to implementing activities fumed by the Program allocation. i I E a Homeless Housing,Assistance and Prevention Program � NOFA Date: December 6,.2019 Exhibit F Page 14 of 25 Continuum of Care for CA-5114 Fresno Madera 20-HHAP-00097 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. TranT sfers 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. j 3. Grantee's Arpalication for Funds, I 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 F Page 15 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 13 of 23 Homeless Housing, Assistance and Prevention Standard Agreement 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. ftortina/A�,, udtts 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 falls 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: i 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. l 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. i 3. The types of housing assistance provided, broken out by the number of individuals. ,i i Homeless Housing,Assistance and Prevention Program NOFA Date: December 5,2019 if I Exhibit F Page 16 of 25 Continuum of Care for CA-514 Fresno Madera 20-H HAP-00097 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. 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 coats 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. S. Ins ection and Retention of Records 9 A. Record Inspection The Grantee agrees that Agency or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this.Agreement. The Grantee agrees to provide Agency, or its designee, with any Homeless Housing,Assistance and Prevention Program NO FA Date; December 6, 2019 tl tl Exhibit F Page 17 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 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 subbaragragh 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; Homeless Housing,Assistance and Prevention Program NOPA Date: December 6, 2019 Exhibit F Page 18 of 25 Continuum of Care for CA-514 Fresno Madera i 20-HHAP-00097 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 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 prier 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 rest(ction), 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 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 Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 i Exhibit F Page 19 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 17 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS under this clause to labor organizations with which they have a collective bargaining or other agreement. 9. Conflict of Interest All Grantees are subject to state and federal conflict of interest laws. For instance, Health and 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 malting funding recommendations for applications pursuant to this chapter shall have no financial 'interest in any contract, program, or project voted on by the board, i committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county." j I Failure to comply with these laws, including business and financial disclosure 1, 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 y 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. Homeless Housing,Assistance and Prevention program R NOFA Date: December 6, 2019 Exhibit F Page 20 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 18 of 23 Homeless Housing,Assistance and Prevention Standard Agreement 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 1074 (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 malting 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. Homeless Housing,Assistance and Prevention Program NOFA Date: December 6, 2019 Exhibit F Page 21 of 25 Continuum of Care for CA-614 Fresno Madera 20-HHAP-00097 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. � 11. Child Support Compliance Act i a 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 j 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. i 12. Special Conditions—GranteeslSubGrantee I i 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 1 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 i Grantee and its SubGrantees, if any,to 1. Perform the work in accordance with Federal, State and Local housing and building codes, as applicable. Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 Exhibit F Page 22 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 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. 13. Compilance with State and Federal Laws, Rules, Guidelines.and Recu jar ots 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, 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 andlor 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. 3 Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 Exhibit F Page 23 of 25 i Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 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. 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. i I i a Homeless Housing, Assistance and Prevention Program NOFA Date: December 6,2019 Exhibit F Page 24 of 25 Continuum of Care for CA-514 Fresno Madera 20-H HAP-00097 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 Gtahtae's HMIS'data for that purpose 5. if Grantee is a continuum of care or is a jurisdiction that accepted redirected funding from a continuum of care, it shall review and execute a data use agreement no later than July 31, 2020, in order to ensure compliance with Health and Safety Code section 50219, subdivision (a)(7) and (10). Grantee's failure to timely execute a data use agreement will constitute a breach of this Agreement. In this event, BCSH, in its sole and absolute discretion, may exercise any and all p remedies permitted by this Agreement or by applicable law, A! Homeless Housing,Assistance and Prevention Program NOFA Date: December G, 2019 I I Exhibit F Page 25 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 23 of 23 Homeless Housing, Assistance and Prevention i Standard Agreement EXHIBIT E GENERAL_ TERMS AND CONDITIONS This exhibit is incorporated by reference and made part of this agreement. This document can be viewed at the following link: https://www.dgs.ca.cloy/O LS/Resources/Page-Content/OfFce-of-Leaal-Services- Resources-List-Folder/Standard-Contract-Lan uage I i j I �1 Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 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: