HomeMy WebLinkAboutAgreement A-22-294 with Turning Point.pdf Agreement No. 22-294
1 AMENDMENT II TO AGREEMENT
2 THIS AMENDMENT II TO AGREEMENT(hereinafter"Amendment") is made and entered into this 21 St day
3 of June , 2022, by and between the COUNTY OF FRESNO,a Political Subdivision of the State of California,
4 hereinafter referred to as"COUNTY,"and Turning Point of Central California, Inc., a California Non-Profit
5 Corporation,whose address is P.O. Box 7447,Visalia,CA 93290-7447, hereinafter referred to as"SUBRECIPIENT."
6 WITNESSETH:
7 WHEREAS,the parties entered into that certain Agreement, identified as COUNTY Agreement No. 19-2S7,
8 effective June 4,2019,and Amendment I, identified as COUNTY Agreement No. 19-257-1, effective May 11,2021,
9 hereinafter referred to collectively as Agreement No. 19-257 for triage center emergency shelter services; and
10 WHEREAS, COUNTY,for itself,was awarded Emergency Solutions Grants Program-Coronavirus(ESG-CV)
11 funds, authorized by the Coronavirus Aid, Relief, and Economic Stimulus(CARES)Act,Title XII, Homeless Assistance
12 Grants Section, by the U.S. Department of Housing and Urban Development(HUD)to administer and implement
13 ESG-CV in accordance with the provisions of 24 CFR Part 576(as now in effect and as may be amended from time to
14 time);and
15 WHEREAS,the COUNTY continues to have a significant need for triage center emergency shelter services,
16 and the parties now desire to amend Agreement No. 19-257 regarding changes as stated below.
17 NOW THEREFORE, in consideration of the mutual covenants,terms,and conditions herein contained,the
18 parties hereto agree as follows:
19 1. That the existing County Agreement No. 19-257, Page one(1), line eighteen (18), beginning with the
20 number"1"and ending on page two (2), line twenty-eight(28)with the word "DSS,"as amended by Amendment I,
21 Page one(1), line twenty-six(26)through Page three(3), line twenty-six(26), be deleted and the following inserted
22 into its place:
23 "1. OBLIGATIONS
24 A. SUBRECIPIENT shall perform all services set forth in Revised Exhibit A-2, Summary of
25 Services, attached hereto and by this reference incorporated herein.
26 B. SUBRECIPIENT shall provide services pursuant to the staffing pattern and program expense
27 detailed in Revised Exhibit B-2, Budget, attached hereto and by this reference incorporated herein.
28 C. SUBRECIPIENT shall maintain membership in the FMCoC and participate in Coordinated
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1 Entry throughout the term of this Agreement,as described in Revised Exhibit A-2. If,for any reason,this status is not
2 maintained,the COUNTY may terminate this Agreement pursuant to Section Three(3)of this Agreement.
3 D. COUNTY,as the Administrative Entity for HEAP funds awarded to FMCoC, has entered into
4 an agreement with the State of California for HEAP funding(Agreement No. 18-HEAP-0027), a copy of which is
5 attached hereto as Exhibit C and is incorporated herein by this reference.Services provided by SUBRECIPIENT under
6 this Agreement shall be funded in part with HEAP funding and,therefore,SUBRECIPIENT shall be aware of,agree to,
7 and comply with all State requirements governing the use of HEAP funds; and all conditions in Exhibit C. Failure to
8 comply with these requirements and conditions may result in termination of this Agreement pursuant to Section
9 Three(3)of this Agreement. Required conditions include, but are not limited to:
10 1) Perform the work in accordance with Federal,State and Local housing and building
11 codes,as applicable.
12 2) Maintain at least the minimum State-required worker's compensation for those
13 employees who will perform the work or any part of it.
14 3) Maintain,as required by law, unemployment insurance,disability insurance,and
15 liability insurance in an amount that is reasonable to compensate any person,firm or corporation who may be
16 injured or damaged by the SUBRECIPIENT or any Subcontractor in performing the Work or any part of it.
17 4) Agree to include all the terms of this Agreement and Exhibit C in each subcontract.
18 E. COUNTY has entered into two agreements for HHAP grant funds awarded to COUNTY,with
19 the State of California for HHAP funding(Agreement No.20-HHAP-00096 and No.21-HHAP-00063), copies of which
20 are attached hereto as Exhibit D and Exhibit D-1, respectively,and are incorporated herein by this reference.Services
21 provided by SUBRECIPIENT under this Agreement shall be funded in part with HHAP funding allocated to the COUNTY
22 and,therefore,SUBRECIPIENT shall be aware of,agree to, and comply with all State requirements governing the use
23 of HHAP funds; and all conditions in Exhibit D and Exhibit D-1. Failure to comply with these requirements and
24 conditions may result in termination of this Agreement pursuant to Section Three(3)of this Agreement.
25 F. COUNTY,as the Administrative Entity for HHAP grant funds awarded to FMCoC, has entered
26 into two agreements with the State of California for HHAP funding(Agreement No. 20-HHAP-00097 and No. 21-
27 HHAP-00064),copies of which are attached hereto as Exhibit E and Exhibit E-1, respectively, and are incorporated
28 herein by this reference.Services provided by SUBRECIPIENT under this Agreement shall be funded with HHAP
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1 funding and,therefore,SUBRECIPIENT shall be aware of, agree to,and comply with all State requirements governing
2 the se of HHAP funds; and all conditions in Exhibit E and Exhibit E-1. Failure to comply with these requirements and
3 conditions may result in termination of this Agreement pursuant to Section Three(3)of this Agreement."
4 2. That the existing COUNTY Agreement No. 19-257, Page three(3), beginning on line one(1)with the
5 number"2"and ending on page three(3), line two(2)with the words"May 31, 2021", as amended by Amendment I,
6 Page three (3), line twenty-seven (27)through Page four(4), line four(4), be deleted and the following inserted into
7 its place:
8 "2. TERM
9 This Agreement shall be effective on the 4th day of June 2019 through and including July 31, 2023."
10 3. That the existing County Agreement No. 19-257, Page three (3),Section four(4) beginning with Line
11 twenty-four(24),with the number"4" and ending on Page four(4), Line twenty-two (22)with the word
12 "Agreement," as amended by Amendment I, Page four(4), line five (5)through Page five (5), line ten (10), be deleted
13 and the following inserted in its place:
14 114. COMPENSATION
15 For actual services provided pursuant to the terms of this Agreement, COUNTY agrees to pay
16 SUBRECIPIENT and SUBRECIPIENT agrees to receive compensation in accordance with Revised Exhibit B-2, Budget
17 Summary. Mandated travel shall be reimbursed based on actual expenditures and mileage reimbursement shall
18 be at SUBRECIPIENT's adopted rate per mile, not to exceed the IRS published rate.
19 In no event shall the cumulative total of this Agreement exceed Three Million, Four Hundred Forty-
20 Nine Thousand, Five Hundred Thirty-Eight and No/100 Dollars($3,449,538). For the period of June 04, 2019,through
21 June 30,2021, in no event shall the services performed under this Agreement exceed One Million, Five Hundred
22 Seventy-Six Thousand,Three Hundred Fifty-Seven and No/100 Dollars($1,576,357). For the period of July 01, 2021,
23 through June 20, 2022, in no event shall actual services performed under this Agreement be in excess of Eight
24 Hundred Fifty-Three Thousand, Six Hundred Seventy-One and No/100 Dollars($853,671). For the period of June 21,
25 2022,through July 31, 2023, in no event shall actual services performed under this Agreement be in excess of One
26 Million, Nineteen Thousand, Five Hundred Ten and No/100 Dollars($1,019,510). Payments by COUNTY shall be in
27 arrears,for services provided during the preceding month,within forty-five days after receipt,verification,and
28 approval of SUBRECPIENT's invoices by COUNTY.
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1 It is understood that all expenses incidental to SUBRECIPIENT'S performance of services under this
2 Agreement shall be borne by SUBRECIPIENT. If SUBRECIPIENT should fail to comply with any provision of the
3 Agreement, COUNTY shall be relieved of its obligation for further compensation.Any compensation which is not
4 expended by SUBRECIPIENT pursuant to the terms and conditions of this Agreement shall automatically revert to
5 COUNTY.
6 The services provided by the SUBRECIPIENT under this Agreement are funded in whole or in part by
7 the State of California and the United States Federal government. In the event that funding for these services is
8 delayed by the State Controller or the Federal government,COUNTY may defer payment to SUBRECIPIENT.The
9 amount of the deferred payment shall not exceed the amount of funding delayed to the COUNTY.The period of time
10 of the deferral by COUNTY shall not exceed the period of time of the State Controller's or Federal government's delay
11 of payment to COUNTY plus forty-five (45)days.
12 To the extent permitted by State and Federal rules and regulations,advanced payment of up to ten
13 percent(10%)of the maximum compensation under this Agreement may be requested of COUNTY by
14 SUBRECIPIENT.Advance payments shall be limited to implementation costs for new and/or expanded services only.
15 Approval of an advance payment is at the sole discretion of COUNTY's DSS Director or designee. If advanced payment
16 occurs,the amount of the advanced payment shall be deducted in equal installments from claims submitted during
17 the seventh through twelfth months of this Agreement."
18 4. That the existing County Agreement No. 19-257, Page nine(9),Section twelve (12), beginning with
19 line fourteen (14),with the number"12"and ending on Page nine (9), Line nineteen (19)with the word
20 "regulations," be deleted and the following inserted in its place:
21 "12. NON-DISCRIMINATION
22 During the performance of this Agreement,SUBRECIPIENT and its officers, employees, agents and
23 subcontractors shall not unlawfully discriminate in violation of any Federal,State or local law, rule or regulation
24 against any employee or application for employment, or recipient of services under this Agreement, because of
25 ethnic group identification,gender,gender identity,gender expression,sexual orientation,color, physical disability,
26 mental disability, medical condition, national origin, race, ancestry, marital status, religion, or religious creed.
27 A. Domestic Partners and Gender Identity
28 For State fund-funded contracts of$100,000 or more,SUBRECIPIENT certifies that it
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1 complies with Public Contract Code Section 10295.3.
2 B. Americans with Disabilities Act
3 SUBRECIPIENT shall comply with the American with Disabilities Act(ADA)of 1990,which
4 prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant
5 to the ADA(42 U.S.C. 12101 et seq.)
6 C. SUBRECIPIENT shall include the non-discrimination and compliance provisions of this section in all
7 subcontracts to perform work under this Agreement."
8 5. That the exiting County Agreement No. 19-257, Page ten (10),Section sixteen (16), beginning with
9 Line twenty-eight(28),with the number"16" and ending on Page eleven (11), Line twenty(20)with the URL address
10 https://www.sam.gov/SAM/., be deleted and the following inserted in its place:
11 "16. CERTIFICATION REGARDING DEBAREMENT,SUSPENSION, INELIGIBILITY AND
12 VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS
13 A. COUNTY and SUBRECIPIENT recognize that SUBRECIPIENT is a recipient of Federal and
14 State assistance funds under the terms of this Agreement. By signing this Agreement, SUBRECIPIENT agrees to
15 comply with applicable Federal suspension and debarment regulations, including but not limited to: 7CFR
16 2016.35, 29 CFR 97.35,45 CFR 92.35, and Executive Order 12549. By signing this Agreement, SUBRECIPIENT
17 attests to the best of its knowledge and belief,that it and its principals:
18 1) Are not presently debarred, suspended, proposed for debarment, declared
19 ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and
20 2) Shall not knowingly enter into any lower tier covered transaction with an entity
21 or person who is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
22 participation in this transaction by any Federal department or agency.
23 B. SUBRECIPIENT shall provide immediate written notice to COUNTY if at any time during
24 the term of this Agreement SUBRECIPIENT learns that the representations it makes above were erroneous when
25 made or have become erroneous by reason of changed circumstances.
26 C. SUBRECIPIENT shall include a clause titled "Certification Regarding Debarment,
27 Suspension, Ineligibility, and Voluntary Exclusion— Lower Tier Covered Transactions" and similar in nature to this
28 Paragraph Sixteen (16) in all lower tier covered transactions and in all solicitations for lower tier covered
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1 transactions.
2 D. SUBRECIPIENT shall, prior to soliciting or purchasing goods and services in excess of
3 $25,000 funded by this Agreement, review and retain the proposed vendor's suspension and debarment status at
4 https://sam.gov/SAM/.
5 E. The certification in Paragraph Sixteen (16) of this Agreement is a material representation
6 of fact upon which COUNTY relied in entering into this Agreement."
7 6. That the following Section is being added to existing County Agreement No. 19-257, beginning on
8 Page Thirteen (13), Line six(6),just prior to Section Twenty (20) (INDEPENDENT AUDIT):
9 "20. SINGLE AUDIT CLAUSE
10 If SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in Federal
11 and Federal flow-through monies, SUBRECIPIENT agrees to conduct an annual audit in accordance with the
12 requirements of the Single Audit Standards as set forth in Office of Management and Budget (OMB)Title 2 of the
13 Code of Federal Regulations Part 200. SUBRECIPIENT shall submit said audit and management letter to COUNTY.
14 The audit must include a statement of findings or a statement that there were no findings. If there were negative
15 findings, SUBRECIPIENT must include a corrective action signed by an authorized individual. SUBRECIPIENT agrees
16 to take action to correct any material non-compliance or weakness found as a result of such audit. Such audit
17 shall be delivered to COUNTY's DSS,Administration, for review within nine (9) months of the end of any fiscal
18 year in which funds were expended and/or received for the program. Failure to perform the requisite audit
19 functions as required by this Agreement may result in COUNTY performing the necessary audit tasks, or at
20 COUNTY's option, contracting with a public accountant to perform said audit, or may result in the inability of
21 COUNTY to enter into future agreements with SUBRECIPIENT.All audit costs related to this Agreement are the
22 sole responsibility of SUBRECIPIENT.
23 A. A single audit report is not applicable if all SUBRECIPIENT's Federal contracts do not
24 exceed the Seven Hundred Fifty Thousand Dollars ($750,000) requirement or SUBRECIPIENT's funding is through
25 Drug related Medi-Cal. If a single audit is not applicable, a program audit must be performed and a program audit
26 report with management letter shall be submitted by SUBRECIPIENT to COUNTY as a minimum requirement to
27 attest to SUBRECIPIENT's solvency. Said audit report shall be delivered to COUNTY's DSS,Administration,for
28 review no later than nine (9) months after the close of the fiscal year in which the funds supplied through this
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1 Agreement are expended. Failure to comply with this Act may result in COUNTY performing the necessary audit
2 tasks or contracting with a qualified accountant to perform said audit.All audit costs related to this Agreement
3 are the sole responsibility of SUBRECIPIENT who agrees to take corrective action to eliminate any material
4 noncompliance or weakness found as a result of such audit. Audit work performed by COUNTY under this
5 paragraph shall be billed to the SUBRECIPIENT at COUNTY cost, as determined by COUNTY's Auditor-
6 Controller/Treasurer-Tax Collector.
7 B. SUBRECIPIENT shall make available all records and accounts for inspection by COUNTY,the State
8 of California, if applicable,the Comptroller General of the United States,the Federal Grantor Agency, or any of
9 their duly authorized representatives, at all reasonable times for a period of at least three (3)years following final
10 payment under this Agreement or the closure of all other pending matters, whichever is later."
11 7. That Sections Twenty(20) (INDEPENDENT AUDIT) through Thirty-Two (32) (SEVERABILITY) of the
12 existing County Agreement No. 19-257, beginning on Page Thirteen (13), Line Six(6) with the number"20" and
13 ending on Page Seventeen (17), Line Nineteen (19) with the word "provisions." shall be re-numbered sequentially
14 to read as Section Twenty-One (21)to Section Thirty-Three (33).
15 8. That the following sections are being added to existing County Agreement No. 19-257, beginning
16 on Page Seventeen (17), Line Nineteen (19),just prior to Section Thirty-Three (Entire Agreement), as Sections
17 Thirty-Four(34),Thirty-Five (35),Thirty-Six(36),Thirty-Seven (37),Thirty-Eight (38),Thirty-Nine (39), Forty(40),
18 Forty-One (41), Forty-Two (42), and Forty-Three (43):
19 "34. INTERPRETATION OF LAWS AND REGULATIONS
20 COUNTY reserves the right to make final interpretations or clarifications on issues relating to
21 Federal and State laws and regulations,to ensure compliance.
22 35. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
23 SUBRECIPIENT, its officers, consultants, subcontractors, agents and employees shall comply with
24 all applicable State, Federal and local laws, regulations, and executive orders, as well as Federal policies,
25 procedures, and directives governing projects that utilize State and Federal Funds.This includes laws, rules and
26 regulations that pertain to construction, health and safety, labor,fair employment practices, environmental
27 protection, equal opportunity, fair housing, and all other matters applicable or related to SUBRECIPIENT's
28 services,the SUBRECIPIENT, its subcontractors, and all eligible activities.
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1 SUBRECIPIENT shall be responsible for obtaining all permits, licenses, and approvals required for
2 performing any activities under this Agreement, including those necessary to perform design, implementation,
3 operation, and maintenance of the activities. SUBRECIPIENT shall be responsible for observing and complying
4 with any applicable federal, state, and local laws, rules, and regulations affecting any such work, specifically those
5 including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and
6 ordinances. SUBRECIPIENT shall provide copies of permits and approvals to COUNTY upon request.
7 36. ESG ELIGIBILITY AND REPORTING REQUIREMENTS
8 A. SUBRECIPIENT is required to utilize the FMCoC Coordinated Entry System for all clients
9 served under ESG.
10 B. COUNTY's failure to inform SUBRECIPIENT of any reporting requirements shall not relieve
11 SUBRECIPIENT of compliance with any ESG eligibility and reporting requirements. SUBRECIPIENT agrees, in
12 accordance with the requirements of the ESG program,that ALL beneficiaries of SUBRECIPIENT's activities
13 provided under this Agreement must meet the following minimum criteria:
14 (1) Any individual or family provided with assistance through ESG must meet the
15 HUD definition of homeless and must be documented.
16 (2) The household targeted must be those most in need of this assistance and most
17 likely to achieve stable housing, whether subsidized or unsubsidized, outside of ESG after the program concludes.
18 C. If SUBRECIPIENT is providing Rapid Rehousing services,the beneficiary household must
19 be at or below 30%of the Area Median Income (AMI)for Madera at re-evaluation as referenced in Exhibit G,
20 incorporated herein by reference and made part of this Agreement. If SUBRECIPIENT is providing Homeless
21 Prevention services,the beneficiary household must be at or below 30%of the AMI for Fresno at intake and re-
22 evaluation.The AMI may change on a yearly basis and SUBRECIPIENT is required to use the most recent version
23 as provided by COUNTY.
24 D. SUBRECIPIENT is expected to meet all other ESG requirements as described in 24 CFR
25 Part 576.
26 37. MINIMUM DATA COLLECTION REQUIREMENTS
27 SUBRECIPIENT is required to collect and report client-level data in the local Homeless
28 Management Information System (HMIS) administered by the Fresno Housing Authority or a comparable
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1 database if SUBRECIPIENT is a domestic violence provider. In the latter instance,all references to HMIS shall be
2 understood to refer to a comparable database. Reporting through HMIS is a requirement of ESG funding. HMIS
3 will be used to collect data and report on outputs and outcomes as required by HUD. SUBRECIPIENT is required
4 to enter all client intakes, provide regular updates and exit all clients once services are completed.
5 At a minimum, SUBRECIPIENT must enter the following information in the FMCoC HMIS database
6 for federal reporting purposes:
7 (1) Name
8 (2) Social Security Number
9 (3) Date of Birth
10 (4) Race
11 (5) Ethnicity
12 (6) Gender
13 (7) Veteran Status
14 (8) Disabling Condition
15 (9) Residence Prior to Program Entry
16 (10) Zip Code of Last Permanent Address
17 (11) Housing Status
18 (12) Program Entry Date
19 (13) Program Exit Date
20 (14) Personal Identification Number
21 (15) Household Identification Number
22 (16) Income and Sources
23 (17) Non-Cash Benefits
24 (18) Destination (Where Client Will Stay Upon Exit)
25 (19) Financial Services Provided
26 (20) Housing Relocation and Stabilization Services Provided
27 COUNTY reserves the right to add additional reporting requirements as required by HUD.
28 38. NO OBLIGATION BY FEDERAL GOVERNMENT
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1 The Federal Government is not a party to this contract and is not subject to any obligations or
2 liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from this
3 Agreement.
4 39. PROGRAM FRAUD AND FALSE OR FRADULENT STATEMENTS OR RELATED ACTS
5 SUBRECIPIENT acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims
6 and Statements) applies to SUBRECIPIENT's actions pertaining to this contract.
7 40. RECORDS
8 A. Record Establishment and Maintenance
9 SUBRECIPIENT shall establish and maintain records in accordance with those
10 requirements prescribed by COUNTY, with respect to all matters covered by this Agreement. SUBRECIPIENT shall
11 retain all fiscal books, account records and client files for services performed under this Agreement for at least
12 five (5)years from date of final payment under this Agreement or until all State and Federal audits are completed
13 for that fiscal year, whichever is later.
14 B. Cost Documentation
15 1) SUBRECIPIENT shall submit to COUNTY within ten (10) calendar days following the
16 end of each month, all fiscal and program reports for that month. SUBRECIPIENT shall also furnish to COUNTY
17 such statements, records, data and information as COUNTY may request pertaining to matters covered by this
18 Agreement. In the event that SUBRECIPIENT fails to provide reports as provided herein, it shall be deemed
19 sufficient cause for COUNTY to withhold payments until compliance is established.
20 2) All costs shall be supported by properly executed payrolls,time records, invoices,
21 vouchers, orders, or any other accounting documents pertaining in whole or in part to this Agreement and they
22 shall be clearly identified and readily accessible. The support documentation must indicate the line budget
23 account number to which the cost is charged.
24 3) COUNTY shall notify SUBRECIPIENT in writing within thirty(30) days of any potential
25 State or Federal audit exception discovered during an examination. Where findings indicate that program
26 requirements are not being met and State or Federal participation in this program may be imperiled in the event
27 that corrections are not accomplished by SUBRECIPIENT within thirty (30) days of receipt of such notice from
28 COUNTY, written notification thereof shall constitute COUNTY'S intent to terminate this Agreement.
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1 C. Service Documentation
2 SUBRECIPIENT agrees to maintain records to verify services under this Agreement
3 including names and addresses of clients served, if applicable, and the dates of service and a description of
4 services provided on each occasion.These records and any other documents pertaining in whole or in part to this
5 Agreement shall be clearly identified and readily accessible.
6 41. CHILD SUPPORT COMPLIANCE ACT
7 If this Agreement includes State funding in excess of$100,000,the SUBRECIPIENT acknowledges
8 in accordance with Public Contract Code 7110,that:
9 A. SUBRECIPIENT recognizes the importance of child and family support obligations
10 and shall fully comply with all applicable state and federal laws relating to child and family support enforcement,
11 including, but not limited to, disclosure of information and compliance with earnings assignment orders, as
12 provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
13 B. SUBRECIPIENT to the best of its knowledge is fully complying with the earnings
14 assignment orders of all employees and is providing the names of all new employees to the New Hire Registry
15 maintained by the California Employment Development Department.
16 42. PRIORITY HIRING CONSIDERATIONS
17 If this Agreement includes State funding and services in excess of$200,000, SUBRECIPIENT shall
18 give priority consideration in filling vacancies in positions funded by the Agreement to qualified recipients of aid
19 under Welfare and Institutions Code Section 112000 in accordance with Public Contract Code Section 10353.
20 43. SUBRECIPIENT'S NAME CHANGE
21 An amendment, assignment, or new agreement is required to change the name of SUBRECIPIENT
22 as listed on this Agreement. Upon receipt of legal documentation of the name change COUNTY will process the
23 agreement. Payment of invoices presented with a new name cannot be paid prior to approval of said
24 agreement."
25 9. That Section Thirty-Three (33) (ENTIRE AGREEMENT) of the existing County Agreement No. 19-
26 257, beginning with Page Seventeen (17), Line Twenty(20),with the number"33" and ending on Page Seventeen
27 (17), Line Twenty-Four(24)with the word "Agreement," shall remain as the last section of the agreement and be
28 renumbered sequentially to read as Section Forty-Four (44) of the amended Agreement.
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1 10. That all references in existing COUNTY Agreement No. 19-257 to Revised Exhibit A shall be
2 changed to read "Revised Exhibit A-2," which is attached hereto and incorporated herein by this reference.
3 11. That all references in existing COUNTY Agreement No. 19-257 to Revised Exhibit B shall be
4 changed to read "Revised Exhibit B-2," which is attached hereto and incorporated herein by this reference.
5 12. ELECTRONIC SIGNATURE:The parties agree that this Amendment II may be executed by
6 electronic signature as provided in this section.An "electronic signature" means any symbol or process intended
7 by an individual signing this Amendment II to represent their signature, including but not limited to (1) a digital
8 signature; (2) a faxed version of an original handwritten signature; or(3) an electronically scanned and
9 transmitted (for example by PDF document) of a handwritten signature. Each electronic signature affixed or
10 attached to this Amendment II (1) is deemed equivalent to a valid original handwritten signature of the person
11 signing this Amendment II for all purposes, including but not limited to evidentiary proof in any administrative or
12 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that
13 person.The provisions of this section satisfy the requirements of Civil Code section 1633.5. subdivision (b), in the
14 Uniform Electronic Transaction Act(Civil Code, Division 3, Part 2,Title 2.5, beginning with section 1633.1). Each
15 party using a digital signature represents that it has undertaken and satisfied the requirements of Government
16 Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon
17 that representation.This Amendment II is not conditioned upon the parties conducting the transactions under it
18 by electronic means and either party may sign this Amendment II conducting the transaction under it by
19 electronic means and either party may sign this Amendment II with an original handwritten signature.
20 13. COUNTY and SUBRECIPIENT agree that this Amendment II is sufficient to amend Agreement No.
21 19-257 and,that upon execution of this Amendment II, the Agreement, Amendment I, and this Amendment II
22 shall together be considered the Agreement.
23 This Agreement, as hereby amended, is ratified and continued. All provisions,terms, covenants,
24 conditions, and promises contained in this Agreement not amended herein shall remain in full force and effect.
25 This Amendment II shall become effective upon execution on the day first written hereinabove.
26 1H
27 1H
28 1H
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I IN WITNESS WHEREOF,the parties hereto have executed this Amendment II to Agreement as of the day and year
2 first hereinabove written.
3
4 SUBRECIPIENT: COUNTY OF FRESNO
Turning Point of Central California,Inc.
5
e a
6
Brian Pacheco,Chairman of the Board of
7 Supervisors of the County of Fresno
Print Name: Raymond R. Banks
8
9 Title: Chief Executive Officer
Chairman of the Board,or
10 President,or any Vice President
ATTEST:
11 Bernice E.Seidel
12 Clerk of the Board of Supervisors
13 �JIJ
( �1 ./�/J,(J�l 95to County of Fresno, State of California
14
Print Name: William Goodall By:_ v'v & 8
15 Deputy
16 Title: Chief Financial Officer
Secretary(of Corporation), or
17 any Assistant Secretary, or
Chief Financial Officer, or
18 any Assistant Treasurer
19
20 Mailing Address:
P.O. Box 7447,Visalia, CA 93290-7447
21 Phone No: (559)732-8086
22 Contact: Chief Executive Officer
23
24 FOR ACCOUNTING USE ONLY:
Fund/Subclass:0001/10000
25 ORG No.:56107114,56107093
26 Account No.:7870
27 SB:sgv
28
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Amendment II to A-19-257
Final Audit Report 2022-05-31
Created: 2022-05-31
By: William Goodall(wgoodall@tpocc.org)
Status: Signed
Transaction ID: CBJCHBCAABAAF_yFgvku2SKHOsC85pLrme7UEG_kMcl6
"Amendment II to A-19-257" History
Document created by William Goodall (wgoodall@tpocc.org)
2022-05-31 -11:19:20 PM GMT
Document emailed to Ray Banks (rbanks@tpocc.org)for signature
2022-05-31 -11:19:58 PM GMT
Email viewed by Ray Banks (rbanks@tpocc.org)
2022-05-31 -11:29:04 PM GMT-IP address: 104.47.56.254
Document e-signed by Ray Banks (rbanks@tpocc.org)
Signature Date:2022-05-31 -11:29:27 PM GMT-Time Source:server-IP address:71.6.78.146
CA Agreement completed.
2022-05-31 -11:29:27 PM GMT
Q Adobe Acrobat Sign
Revised Exhibit A-2
Page 1 of 4
SUMMARY OF SERVICES
ORGANIZATION: Turning Point of Central California, Inc. (TPOCC)
ADDRESS: P.O. Box 7447, Visalia, CA 93290-7447
SERVICE ADDRESS: 2904 E. Belgravia, Fresno, CA 93721
TELEPHONE: (559) 732-8086
CONTACT: Jody Ketcheside, Deputy Regional Director
EMAIL: jketcheside(c�tpocc.org
CONTRACT: Triage Center Emergency Shelter Services
CONTRACT PERIODS: June 4, 2019 to June 30, 2021
July 1, 2021 to June 20, 2022
June 21, 2022 to July 31, 2023
SUMMARY OF SERVICES
TPOCC shall provide Triage Center Emergency Shelter services, including 24-hour emergency
shelter that offers low-barrier access to dormitory accommodations with on-site, housing-
focused services including diversion pre-screening, case management, housing search and
placement, connection to community resources, and stabilization of health issues. TPOCC will
provide thirty (30) emergency shelter beds to homeless individuals. The Triage Center is
intended to provide a safe, supportive environment where residents will be provided with
wraparound services to attain permanent housing by rebuilding their support network and
addressing the issues that led to the episode of homelessness.
STAFFING
Triage Emergency Shelter staffing provided by TPOCC must meet the minimum staffing levels
outlined in the Budget Summary (Revised Exhibit B-2) of this agreement. Staffing levels may be
adjusted beyond the minimum requirement to meet client needs provided those adjustments are
approved by the Department of Social Services Director or designee and supported by the
available budget.
Case Manager: Case managers will be responsible for creating a supportive service and
housing plan for every client, linking clients to supportive services, and implementing the
established housing plan. Case manager will also assist clients in collecting basic
documentation such as birth certificates, identification cards and social security cards.
Access Coordinator: Access Coordinators will prescreen all those presenting at the Triage
Center. During the initial screening process the Access Coordinator will practice diversion. Once
diversion is exhausted or inappropriate, the Access Coordinator will link the client to the Triage
Center emergency shelter services. If shelter is unavailable at the Turning Point Triage Center,
Revised Exhibit A-2
Page 2 of 4
the client will be linked to available shelter elsewhere. Access Coordinators will also address
emergency needs such as mental health or medical needs.
Triage Center Proqram Director: The Triage Center Program Director is responsible for the
overall operations of the Triage Center. The Triage Center Program Director will directly
supervise Case Managers, Access Coordinators, and Monitors, create schedules, and provide
additional coverage if necessary. The Triage Center Program Director will set goals for the
Triage Center program and staff and will ensure that those goals are met.
Cook: Cooks will grocery shop, prepare meals, develop menus based on a balanced and
healthy diet, keep inventory of supplies, and keep the snack pantry fully stocked.
Monitor: Monitors will oversee general operations during their shift, provide guests with basic
needs (hygiene supplies, meals, clothing, bedding, assistance with laundry), provide crisis de-
escalation, respond to emergency situations, and conduct intakes. Turning Point will ensure that
there are two Monitors on shift at all times, with some exceptions during overnight shifts.
TARGET POPULATION
The target population of Triage Center Emergency Shelter services is individuals or families that
are experiencing homelessness or are at imminent risk of homelessness, as defined by 24 CFR
576.2, in Fresno and Madera Counties.
TRIAGE CENTER EMERGENCY SHELTER SERVICES
1. Emergency Shelter: Operate 30 emergency shelter beds for individuals and families
experiencing homelessness in Fresno and Madera Counties. Basic shelter services
provided will include meals. The maximum length of stay will be 90 days, subject to
exceptions for documented situations.
2. Case Management: Provide intensive case management services that focus on helping
participants develop a housing plan and overcome barriers to attaining permanent
housing. Participants that have been connected to a permanent housing intervention
may be referred to a Bridge Housing program while the permanent housing unit
becomes available. Once a participant has been placed in a Bridge Housing program or
has exited to a Rapid Rehousing program with case management services,
responsibility for navigation and case management for the participant will be assumed by
the new program. If placed in a Bridge Housing program with no case management, the
participant should be connected with Navigation services or other housing support
services.
3. Housing Search and Placement: Provide services and activities necessary to assist
program participants in locating, obtaining, and retaining safe permanent housing.
4. Prescreen all those presenting at the Triage Center. During the initial screening process,
the access coordinator will practice diversion. If a good candidate for diversion, refer
immediately to diversion program. Once diversion is exhausted or determined
inappropriate, link the client to the Triage Center emergency shelter services. If shelter is
unavailable at TPOCC Triage Center, link the client to available shelter elsewhere.
5. Stabilizing Heath Intervention: Provide services for stabilization of participant health
issues, including substance use and mental health disorders.
Revised Exhibit A-2
Page 3 of 4
CONTRACTOR RESPONSIBILITIES
• TPOCC shall provide annual Civil Rights and Privacy and Security trainings to staff at
the beginning of every calendar year and provide relevant verification of both trainings to
the County of Fresno by April 1.
• All services provided must be in compliance or otherwise aligned with the core
components of Housing First, pursuant to California Welfare and Institutions Code
section 8255, subdivision (b).
• Adhere to all ESG Regulations including but not limited to 24 CFR 576 and CCR Title
25, Division 1, Chapter 7, Subchapter 20.
• Adhere to a low-barrier shelter policy. Shelter beds must be open to all who desire the
service regardless of sexual orientation, marital status, or gender identification. Guests
must be allowed to enter shelter with their partners, possessions, and pets.
• Register all guests and require them to sign a participation agreement that outlines
program policies and their agreement to services provided by the Triage Center.
• Allow for 24-hour guest access and not exclude people because of intoxication or mental
illness.
• Allow one pet per guest onsite. TPOCC will make efforts to find foster care for any
additional pets that belong to the guest.
• Maintain membership in the Fresno Madera Continuum of Care (FMCoC) and participate
in the Coordinated Entry System (CES)
• Accept self-referrals, FMCoC CES referrals and, where appropriate, law enforcement
referrals.
• The Triage Center will be a Coordinated Entry assessment site, that conducts homeless
services pre-screenings using the Vulnerability Index— Service Prioritization Decision
Assistance Tool (VI-SPDAT) or other FMCoC designated Assessment tool.
• In the event the number of referrals exceeds the number of available beds, TPOCC will
prioritize referrals using the following criteria: VI-SPDAT score, length of homelessness,
medical conditions, and any other relevant factors.
• The Triage Center must be staffed 24 hours a day, 7 days a week.
• Maintain a minimum staff-to-client ratio of 1:20 during daytime hours.
• Provide on-site office space for Diversion program staff.
• Enter guest information into the Homeless Management Information System (HMIS) in
compliance with HEAP and HUD data collection, management, and reporting standards.
Client HMIS data must be made available for the California Business, Consumer
Services and Housing Agency statewide data system or warehouse.
• Adhere to a "Good Neighbor" policy, whereby TPOCC will secure and maintain the
perimeter of the Triage Center facility, keeping clear of any nuisances and code
violations.
• Provide guests with a voluntary survey to complete upon discharge from the program.
The program will consider all feedback and enhance the program based on guest
feedback.
• In the event a household is matched or actively participating in their housing plan, but
requires additional time, due to extenuating circumstances, TPOCC shall obtain
approval from the County DSS to extend the household's stay beyond 90 days.
Revised Exhibit A-2
Page 4 of 4
PERFORMANCE OUTCOMES
TPOCC shall provide complete and accurate monthly activity reports to the County of Fresno, in
a report format approved by the County by the 10th of each month.
TPOCC shall meet the following outcomes:
From July 4, 2019 to June 20, 2022:
• A minimum of 85% bed utilization as measured by HMIS on the last Wednesday of the
month, quarterly, beginning in July 2019.
• Provide Triage Center emergency shelter services to a minimum of 100 unduplicated
participants annually.
• A minimum of 70% of participants will be connected to a safe exit from the program,
meaning one of the following destinations: rental with or without subsidy, permanent
shared-living arrangement with family or friends, Bridge Housing or other emergency
housing programs, drug treatment facility, or psychiatric treatment facility.
• 30% of participants will transition directly to permanent housing from the Triage Center.
• 40% of participants will transition to Bridge Housing.
• 60% of participants will attain a safe exit from the program within 90 days.
From June 21, 2022 to July 31, 2023:
A quarterly minimum of 85% bed utilization as measured by HMIS on the last
Wednesday of the month.
• Provide Triage Center emergency shelter services to a minimum of 100 unduplicated
participants annually.
• A minimum of 70% of participants will be connected to a safe exit from the program,
meaning one of the following destinations: rental with or without subsidy, permanent
shared-living arrangement with family or friends, Bridge Housing or other emergency
housing programs, drug treatment facility, or psychiatric treatment facility.
• 30% of participants will transition directly to permanent housing from the Triage Center.
• 80% of all eligible participants will have a match form submitted to the Housing Matcher
within 45 days of their stay at The Welcome Center.
• 60% of participants will attain a safe exit from the program within 90 days.
Revised Exhibit B-2
Page 1 of 3
BUDGET SUMMARY
ORGANIZATION: Turning Point of Central California, Inc.
SERVICES: Triage Center Emergency Shelter
CONTRACT TERM: June 4, 2019 through June 30, 2021 (25 Months)
TWENTY FIVE-MONTH BUDGET: $1,576,357
Contract Budget
Budget Category Amount
Personnel
Salaries
1 FTE Program Coordinator
1 FTE Caseworker
1.3 FTE Cooks
6.3 FTE Monitors
Payroll Taxes
Benefits
Subtotal $ 911,868
Services and Supplies
Client Meals
Client Personal Supplies
Shelter Furniture
Insurance
Communication
Office Expenses
Equipment
Travel Costs
Program Supplies
Fiscal & Audits
Training
Subtotal $ 312,978
Facility Costs
Rent
Utilities
Maintenance
Security
Landscaping
Minor Facility Improvements
Subtotal $ 208,206
Indirect Costs (10% Maximum)
Indirect Costs
Subtotal $ 143,305
Total $ 1,576,357
Revised Exhibit B-2
Page 2 of 3
BUDGET SUMMARY
ORGANIZATION: Turning Point of Central California, Inc.
SERVICES: Triage Center Emergency Shelter
CONTRACT TERM: July 1, 2021 through June 20, 2022 (11 Months)
ELEVEN-MONTH BUDGET: $853,671
Contract Budget
Budget Category Amount
Personnel
Salaries
3.0 FTE Case Manager
2.0 FTE Access Coordinator
1.0 FTE Triage Center Program Director
1.3 FTE Cook
6.3 FTE Monitor
Payroll Taxes
Benefits
Subtotal $ 540,980
Services and Supplies
Client Meals
Client Personal Supplies
Shelter Furniture
Insurance
Communication
Office Expenses
Equipment
Travel Costs
Program Supplies
Fiscal & Audits
Training
Subtotal $ 142,251
Facility Costs
Rent
Utilities
Maintenance
Security
Landscaping
Minor Facility Improvements
Subtotal $ 92,834
Indirect Costs (10% Maximum)
Indirect Costs
Subtotal $ 77,606
Total $ 853,671
Revised Exhibit B-2
Page 3 of 3
BUDGET SUMMARY
ORGANIZATION: Turning Point of Central California, Inc.
SERVICES: Triage Center Emergency Shelter
CONTRACT TERM: June 21, 2022 through July 31, 2023 (13 Months)
THIRTEEN-MONTH BUDGET: $1,019,510
Contract Budget
Budget Category Amount
Personnel
Salaries
3.0 FTE Case Manager
2.0 FTE Access Coordinator
1.0 FTE Triage Center Program Director
1.0 FTE Cook
5.8 FTE Monitor
Payroll Taxes
Benefits
Subtotal $ 698,792
Services and Supplies
Client Meals
Client Personal Supplies
Shelter Furniture
Insurance
Communication
Office Expenses
Equipment
Travel Costs
Program Supplies
Fiscal & Audits
Training
Subtotal $ 135,821
Facility Costs
Rent
Utilities
Maintenance
Security
Landscaping
Minor Facility Improvements
Subtotal $ 92,215
Indirect Costs (10% Maximum)
Indirect Costs
Subtotal $ 92,682
Total $ 1,019,510
STATE Exhibit C OF CALIFORNIA Page 1 of 17
STANDARD AGREEMENT _ Agreement No. 19-082
STD 213(Rev 06103) 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 AGe CYa NAAE
BUSINESS,CONSUMER SERVICES AND HOUSING AGENCY
CONTRACTOR'S NAME
County of Fresno
2,. The term of this through 10/31/2021,
Agreement is: Upon BCSH Approval
3. The maximum amount ;9,501,36Z:84
of this Agreement is:
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 cabfo<nia Departfnent of General
se►vloes Use Only
CONTRACTOR'S NAME(if other than an individual,state whether a corporation,partnership,ek.)
County of Fresno
BY(Authorized Signature) DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
ADDRESS
200 W. Pontiac Way, Building 3, Clovis, CA, 93612
STATE OF CALIFORNIA
AGENCY NAME
BUSINESS, CONSUME SER1/10ES AND HOUSING AGENCY
BY(Authorized DATE SIGNED(Do not type)
re)
k Ub
PRINTED NAM D TITLE RSON SIG N
Alexis`Podesta, Secretary E10Bmpt per
Business,Consumer Services and dousing Agency
ADDRESS
915 Capitol Mall,Suite 360-A,Sacramento,CA 95814
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno,State of Califomia
BY Deputy
Exhibit C
Page 2 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, 2018 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's 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 InitiaAd—
NOFA Date;09/05/2018
Exhibit C
Page 3 of 17
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
Name:
Address: 200 W. Pontiac Way, Building 3
Clovis, CA 93612
Phone: (559) 600-2335
Email: Ihaga@fresnocountyca.gov
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Exhibit C
Page 4 of 17
County of Fresno
1&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
Page 5 of 17
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. Budoet 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. 2.13 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 Contractor's InitiaJV6_'
NOFA Date:'09/05/2018
Exhibit C
Page 6 of 17
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
Page 7 of 17
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.
IHomeless Emergency Aid Program
INOFA Date: 09/05/2018
Exhibit C
Page 8 of 17
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 comer of page one, Standard
Agreement, STD. 213, when signed•by all parties. Contractor agrees that the work
shall not commence, nor any costs to be paid with HEAP funds 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 General`Fund. "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: 09/052018
Exhibit C
Page 9 of 17
County of Fresno
1 S-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
Page 10 of 17
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 auditors name and address
immediately after the selection has been made. The contract for the audit shall
allow access by Agency to the independent auditor's working papers.
3. The Contractor is responsible for the completion of audits and all costs of
preparing audits.
4. If there are audit findings, the Contractor must submit a detailed response
acceptable to Agency for each audit finding within 90 days from the date of the
Homeless Emergency Aid Program
NOFA Date: 09/05/2018
Exhibit C
Page 11 of 17
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; 09/05/2018
Exhibit C
Page 12 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
Page 13 of 17
County of Fresno
18-HEAP-00027
Page 6 of 9
Standard Agreement
EXHIBIT C
void. Other legal action may also be taken. Applicable statutes include, but are not
limited to, Government Code section 1090 and Public Contract Code, sections 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: 09/0512018
Exhibit C
Page 14 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
Page 15 of 17
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
Page 16 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.
iomeless Emergency Aid Program
JOFA Date: 09/05/2018
Exhibit C
Page 17 of 17
County of Fresno
18-HEAP-00027
Page I.-of 1
Standard Agreement
Exhibit D
SPECIAL TERMS AND CONDITIONS
Homeless Emereencv Aid Procram (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
Subrec ipients 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.ln
HEAP Program documents.
2. Any housing-related activities funded with HEAP 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 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 fundsthrou h the Contractor:
Cft .of Coalinga C -*of Madera. Madera County
City of Fresno City of Parlier 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 directly 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 Contractoes lnii4
NOFA Date: 09l0UM B
Exhibit D
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) 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 conditions of the following exhibits,which are by this reference made a part of the Agreement.
Exhlblts Title pages
Exhibit A Scope of Work 1-6
Exhibit B Budget Detail 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 wt an asterisk ",are herebyincorporate—d by reerence and maorepattof t isagreethentasi attac a hereto.
These documents can be viewed at#1MZs.-&www.dgs,ce.aoylOLSlResources
IN WITNESS WHEREOF,THISAGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME(lfother than an Individual;state whethera corporation,partnership,etc.)
County of.Fresno
'ATTCONTRACTOR BUSINESS ADDRESS BERM T.CE E.SEII3EL CITY STATE ZIP
ERNf
PO Box 24055 Clerk of the Board of Supervisors Fresno CA 93612
PRINTED NAME OF PERSON SIGNING County of Fresno State California TIME i
Ernest Buddy Mendes 13X&00, Deputy Chairman,Board of Supervisors
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
Page 1 of 2
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Exhibit D
Page 2 of 25
STATE OF CALIFORNIA-DEPARTMENTOF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER GfApplkable)
STD 213(Rev.03/2019) 20-HHAP-00096
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Business,Consumer Services,and Housing Agency
CONTRACTING AGENCY ADDRESS CITY STATE JZIP
915 Capitol Mall,Suite 350A Sacramento CA 95814
PRINTED NAME OF PERSON SIGNING TITLE
Lourdes Castro Ramfrex Secretary
CONTRACTING AGENCY A HO D SIGNATURE DATE SIGN D
CALIFORNIA DEPARTMENT OqENERAL SERVICES APPROVAL EXEMPTION(if Applicable)
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Pane 2 of 2
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Exhibit D
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 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 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 Agreern nt; 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
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Homeless Housing,Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit D
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 150216, 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: i
(f) "Council" means the Homeless Coordinating and Financing Council created
pursuant to Section 8257 of the Welfare and Institutions Code.
(g) "Emergency shelter"has the same meaning as defined in subdivision (e)of Section
50801.
(h) "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the
Code of Federal Regulations, as that section read on January 10, 2019.
(i) "Homeless Management Information System" means the information system
designated by a continuum of care to comply with federal reporting requirements as 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
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Homeless Housing,Assistance and Prevention Program
NOPA Date: December 6, 2019
Exhibit D
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 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.
} "Homeless point-in-time count" means the 2019 homeless point-in-time count
pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations. A jurisdiction
may elect to instead use their 2017 point-in-time count if they can demonstrate that a
significant methodology change occurred between the 2017 and 2019 point-in-time
counts that was based on an attempt to more closely align the count with HUD best
practices and undertaken in consultation with HUD representatives.A jurisdiction shall
submit documentation of this to the agency by the date by 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 8265 of the Welfare and
Institutions Code, including all of the core components-listed therein,
(m) ".Jurisdiction" means a city, city that is also a county, county,or continuum of care,
as defined in this section.
(m)",Jurisdiction" means a.city, city that is also a county, county, or continuum of care,
as defined in this section.
(n) "Navigation center" means a Housing First, low-barrier, service-enriched shelter
focused on moving homeless individuals and families into permanent housing that
provides temporary living facilities while case managers connect individuals
experiencing homelessness to income, public benefits, health services, shelter, and
housing.
(o) "Program" means the Homeless Housing, Assistance, and Prevention program
established pursuant to this chapter.
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Homeless Housing,Assistance and Prevention Program 1
NOFA Date: December 6, 2019
Exhibit D
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).
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(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.
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"Grantee" means the continuum of care, city, or county that has entered into contract
with the Business, Consumer Services and Housing Agency and is receiving HHAP
funding. _ _ -
4. Scope of Work
The Scope of Work("Work")for this Agreement shall include uses that are consistent
with Health and Safety Code section 50219, subdivision (c)(1) -- (8), and any other
applicable laws. Eligible uses include the following:
A. Rental assistance and rapid rehousing.
B. Operating subsidies in new and existing affordable or supportive housing units,
emergency shelters, and navigation centers. Operating subsidies may include
operating reserves.
C. Incentives to landlords, including, but not limited to, security deposits and holding
fees.
D. Outreach and coordination, which may include access to job programs, to assist
vulnerable populations in accessing permanent housing and to promote housing
stability in supportive housing.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
i
Exhibit D
Page 7 of 25
County of Fresno
20-HHAP-00096
Page 5 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORK
E. Systems support for activities necessary to create regional partnerships and
maintain a homeless services and housing delivery system, particularly for
vulnerable populations 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 th€s 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.
if. Shelter vacancy rate in the summer and winter months.
Ill. Percentage of exits from emergency shelters to permanent housing solutions.
€v. 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 Mariagets 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(HCFG)
915 Capitol Mall Suite 350-A PO Box 24066
ADDRESS: Sacramento,CA 95814 Fresno,California 93612
s
CONTRACT MANAGER Amber Ostrander Laura Moreno
Program Manager y
PHONE NUMBER: 916-661-7995 569-600-2336
EMAIL ADDRESS: Amber.Ostrander@bcsh.ca.gov Ihaga@fresnocountyco,gov
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Homeless Housing,Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit D
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
hefc@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 Fund s
• 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, § 60220, subdivision (e))
7. Speclal 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 H, 2019 i!
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Exhibit D
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)
B. STD 213 Standard Agreement - 2 original copies of the signed STD 213
form and initialed Exhibits A through E.
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C. Data Use Agreement (continuums of care and counties that accepted
redirected funding from a continuum of care-see Exhibit D for relevant
Special Terms and Conditions)
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit D
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 Intended to meet federal r quifemeft for housIng funding:
(1) Strategic homelessness plan, as defined in section 578.7(c) of Title 24 of
the Code of Federal Regulations; and/or
(2) Infrastructure development to support coordinated entry systems and
Homeless Management Information Systems.
B. No more than 7 percent of the HHAP allocation may be used for
administrative costs incurred by the Grantee.
C. At least 8 percent of the 'HHAP allocation shall be used to establish or expand
services for homeless youth populations.
D, Grantees that are cities or continuums of care shall contractually obligate no
less than 50 percent of HHAP funds by May 31, 2023. If less than 50 percent
is obligated after May 31, 2023, continuums of care and cities shall not expend
any remaining portion of the 50 percent of program allocations required to have i
been obligated unless and until both of the following occur:
i
Homeless Housing,Assistance and Prevention Program
NOFA Date: December 6, 2019 1
I
1
f
Exhibit D
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 COC(s) Sy June 30, 2Q23,Ahe county shi ll'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.
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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 f
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.
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Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit D
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
4
to submit the following information for HCFC to review and approve or deny
such projects:
(1) The number of available shelter beds in the jurisdiction;
(2) The shelter vacancy rate in the summer and winter months;
(3) The percentage of exits from emergency shelters to permanent housing
solutions; and
(4) A plan to connect residents to permanent housing.
6. Ineligible Costs
HHAP funds shall not be used for costs associated with activities in violation of any
law or for any activities not consistent with the intent of the Program and the eligible
uses identified in Health and Safety Code sections 50218 and 50219.
Agency reserves the right to request additional clarifying information to determine the
reasonableness and eligibility of all uses of the funds made available by this
Agreement. If the Grantee or its funded subrecipients use HHAP funds to pay
for ineligible activities, the Grantee shall be required to reimburse these funds
to Agency.
An expenditure which is not authorized by this Agreement; or by written approval of
the Grant Manager or his/her designee, or which cannot be adequately documented,
shall be disallowed and must be reimbursed to Agency by the Grantee.
Agency, at its sole and absolute discretion, shall make the final determination i
regarding the ailowability of HHAP fund expenditures.
Program funds shall not be used to supplant existing local funds for homeless
housing, assistance, or prevention. ]
a
Homeless Housing,Assistance and Prevention Program I
NOFA Date: December 6, 2019
I
Exhibit D
Page 13 of 25
County of Fresno
20-H HAP-00096
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 funded by the
Program allocation.
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Homeless Housing,Assistance and Prevention Program
NOFA pate; December 6, 2019
Exhibit D
Page 14 of 25
County of Fresno
20-HHAP-00096
Page 12 of 23
Homeless Housing,Assistance and Prevention
Standard Agreement
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
I. 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 3D 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. Gran122's A2211cation 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 w
additions thereto approved by Agency. The application and any approved
modifications andadditions thereto are hereby incorporated into this Agreement,
d
Homeless Housing,Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit D
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. Resorting/Audits
A. Annual Report Deadlines
By January 1, 2021, and annually on that date thereafter until all funds have been
expended, the Grantee shall submit an annual report to Agency in a format provided
by Agency. If the Grantee fails to provide such documentation, Agency may recapture
any portion of the amount authorized by this Agreement with a 14-day written
notification. No later than January 1, 2026, the Grantee shall submit a final report, in
a format provided by Agency, as well as a detailed explanation of all uses of the
Program funds.
B. Reporting Requirements . .---
The annual report shall contain detailed information in accordance with Health and
Safety Code.Section 50221, subdivision (a).This information includes the following, as
well as any additional information deemed appropriate or necessary by Agency;
1. An ongoing tracking of the specific uses and expenditures of any Program
funds broken out by eligible uses listed, including the current status of those
funds.
2. The number of homeless individuals served by the Program funds in that year,
and a total number served in all years of the Program, as well as the homeless
populations served.
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3. The types of housing assistance provided, broken out by the number of
individuals.
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Homeless Housing, Assistance and Prevention Program i
NO FA Date; December 6,2019
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Exhibit D
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 perforated 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.
5. Inspection and Retention of Records
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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
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Homeless Housing, Assistance and Prevention Program C
NQFA Date: December 6, 2019
Exhibit D
Page 17 of 25
County of Fresno
20-HHAP-00093
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 subDaara. raph,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. of Agreement
gre6r c ofthis Agreennent hnc1udes; but is not.limiteflo, the following events:
1. Grantee's failure to comply with the terms or conditions of this Agreement. 1
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;
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Homeless Housing, Assistance and Prevention Program i
NOFA Date: December 6, 2019
Exhibit D
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
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
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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.
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
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 I
NOFA Date: December 6, 2019
I
Exhibit D
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 Inter
es#
All Grantees are subject to state and federal conflict of interest laws. For instance,
Health and Safety Code section 50219, subdivision (h) states, "For purposes of
Section 1090 of the Government Code, a representative of a county serving on a
board, committee, or body with the primary purpose of administering funds or making
funding recommendations for applications pursuant to this chapter shall have no
financial interest in any contract, program, or project voted on by the board,
committee, or body on the basis of the receipt of compensation for holding public office
or public employment as a representative of the county."
Failure to comply with these laws, including business and financial disclosure
provisions, will result in the application being rejected and any subsequent contract
being declared void. Other legal action may also be taken. Additional applicable
statutes include, but are not limited to, Government Code section 1.090 and Public
Contract Code sections'10410 and 10411.
i
A:_ Current Stoite-E►tip(oyees: No Stave offioer 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 D
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 sea.).
D. Representatives of a County: A representative of a oounty serving on a board,
committee, or body with the primary purpose of administering funds or making funding
E
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).
D. 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; 1
and 1
4. Penalties that may be imposed upon employees, Grantees, and subrecipients
for drug abuse violations. i
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
w
Exhibit D
Page 21 of 25
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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 subreciplent 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 ComnRliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in
accordance with Public Contract Code 7110, that:
A. The Grantee recognizes the importance of child and family support obligations and
shall fully comply with all applicable state and federal laws relating to child and family
support enforcement, including, but not limited to, disclosure of information and
compliance with earnings assignment orders, as provided In Chapter 8 (commencing
with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The Grantee, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new employees
to the New Hire Registry maintained by the Califomia Ethplo'yrhi ht Development
Department. I
"
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12. Special Conditions —Grantees/SubCrantes
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.
3
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a
Homeless Housing,Assistance and Prevention Program
NOPA Date: December 6, 2019 I
i
Exhibit D
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 wont 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. Compliance with State and F_ederl,i 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, rifles or regulations affecting any such work,
specifically those including, but not limited to, environmental protection, procurement,
and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of
permits and approvals to Agency upon request.
14. Inspections
A. Grantee shall inspect any work performed hereunder to ensure that the work is
being and has been performed in accordance with the applicable federal, state and/or
local requirements, and this Agreement. &
B. Agency reserves the right to inspect any work performed hereunder to ensure that &
the work is being and has been performed in 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 D
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
15. Litigation
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a
court of competent jurisdiction, such invalidity, at the sole discretion of Agency, shall
not affect any other provisions of this Agreement and the remainder of this Agreement
shall remain in full force and effect, Therefore, the provisions of this Agreement are
and shall be deemed severable.
B. The Grantee shall notify Agency immediately of any claim or action undertaken by
or against it, which affects or may affect this Agreement or Agency, and shall take
such action with respect to the claim or action as is consistent with the terms of this
Agreement and the interests of Agency.
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Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit D
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
subreciplents 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).
t
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
Graintee's-HMIS data for that purpose:
v. 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
Homeless Housing,u ing,Assistance and prevention program
NOFA Date: December 6, 2019
Exhibit D
Page 25 of 25
County of Fresno
20-H HA►P-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:
https://www.das.ca.doy/OL$/Resources/Paae-Content/Office-of-Legal-Services-
Resources-List-Folder/Standard,-Contract-Lang uage
1I
i
I
1
9
I
i
Homeless Housing, Assistance and Prevention Program
NO FA Date: December 6, 2019
sCV �U: Exhibit D-1
Page 1 of 25
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
Agreement No. 21-306
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable)
STD 213(Rev.04/2020) 21-HHAP-00063 010725
1.This Agreement is entered into between the Contracting Agency and the Contractor named below.
CONTRACTING AGENCY NAME
Business,Consumer Services and Housing Agency
CONTRACTOR NAME
County of Fresno
2.The term of this Agreement is:
START DATE
Upon BCSH approval
THROUGH END DATE
06/30/2026
3.The maximum amount of this Agreement is:
$1,063,150.00(One Million Sixty Three Thousand One Hundred Fifty Dollars and No Cents)
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 Scope of Work 7
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C Homeless Coordinating and Financing Council Terms and Conditions 9
Exhibit D Special Terms and Conditions 2
Exhibit E General Terms and Conditions )
Items shown with an astens ,are hereby incorporated by reference and made part of[ is agreement as if attached ereto.
These documents can be viewed at htios✓lwww.dgs.ca.gpv/OLS/Resources
IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTI ES HERETO.
CONTRACTOR
CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.)
County of Fresno
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
PO Box 24055 Fresno CA 93779
PRINTED NAME OF PERSON SIGNING TITLE
Steve Brandau i Chairman,County of Fresno Board of Supervisors
CONTRACTOR AU I ED SIGNATURE DATE SIGNED
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County o Fresno, tate a California
EIy
Dep y
Paqe 1 of 2
Exhibit D-1
SCO ID: Page 2 of 25
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable)
STD 213(Rev.04/2020) 21-HHAP-00063 010725
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Business,Consumer Services and Housing Agency
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
915 Capitol Mall,Suite 350-A Sacramento CA 95814
PRINTED NAME OF PERSON SIGNING TITLE
Lourdes Castro Ramirez Secretary
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
A� Sep 20,2021
Lour es Castro Ramirez(Sep 20,202112:36 PDT)
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable)
Page 2of2
Exhibit D-1
Page 3 of 25
Fresno County
21-HHAP-00063
Page 1 of 23
Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2)
Standard Agreement
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
1) Authority
The State of California has established the Homeless Housing, Assistance, and
Prevention Program Round 2 ("HHAP-2" or "Program") pursuant to Chapter 6
(commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety
Code. (Added by Stats.2020, c. 15 (A.B. 83), § 7, eff. June 29, 2020 ).
The Program is administered by the California Homeless Coordinating and
Financing Council ("HCFC") in the Business, Consumer Services and Housing
Agency ("Agency"). HHAP-2 provides one-time flexible block grant funds
to Continuums of Care, large cities (population of 300,000+) and counties as defined
in the November 13, 2020 HHAP-2 Notice of Funding Availability ("NOFA") to build
on the regional coordination created through previous HCFC grant funding and
support local jurisdictions in their unified regional responses to reduce and end
homelessness.
This Standard Agreement along with all its exhibits ("Agreement") is entered into by
the Agency and a Continuum of Care, a city, or a county ("Grantee") under the
authority of, and in furtherance of the purpose of, the Program. In signing this
Agreement and thereby accepting this award of funds, the Grantee agrees to comply
with the terms and conditions of the Agreement, the NOFA under which
the Grantee applied, the representations contained in the Grantee's application, and
the requirements of the authority cited above.
2) Purpose
The general purpose of the Program is to continue to build on regional coordination
developed through previous rounds of funding of the Homelessness Emergency Aid
Program (Chapter 5 (commencing with Section 50210)), the program established
under this chapter, and COVID-19 funding to reduce homelessness. This funding
shall:
a) Continue to build regional collaboration between continuums of care, counties,
and cities in a given region, regardless of population, and ultimately be used to
develop a unified regional response to homelessness.
b) Be paired strategically with other local, state, and federal funds provided to
address homelessness in order to achieve maximum impact. Grantees of this
Initial Here
Exhibit D-1
Page 4 of 25
Fresno County
21-HHAP-00063
Page 2 of 23
funding are encouraged to reference the Guide to Strategic Uses of Key State
and Federal Funds to Reduce Homelessness During the COVID-19 Pandemic.
c) Be deployed with the goal of reducing the number of homeless individuals in a
given region through investing in long-term solutions, such as permanent
housing, and that the state be an integral partner through the provision of
technical assistance, sharing of best practices, and implementing an
accountability framework to guide the structure of current and future state
investments.
In accordance with the authority cited above, an application was created and
submitted by the Grantee for HHAP-2 funds to be allocated for eligible uses as
stated in Health and Safety Code section 50220.5, subdivision (d)(1) — (8).
3) Definitions
The following HHAP-2 program terms are defined in accordance with Health
and Safety Code section 50216, subdivisions (a) — (q):
(a) "Agency" means the Business, Consumer Services, and Housing Agency.
(b) "Applicant" means a Continuum of Care, city, or county.
(c) "City" means a city or city and county that is legally incorporated to provide local
government services to its population. A city can be organized either under the
general laws of this state or under a charter adopted by the local voters.
(d) "Continuum of Care" means the same as defined by the United States
Department of Housing and Urban Development at Section 578.3 of Title 24 of the
Code of Federal Regulations.
(e) "Coordinated Entry System" means a centralized or coordinated process
developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations,
as that section read on January 10, 2019, designed to coordinate homelessness
program participant intake, assessment, and provision of referrals. In order to satisfy
this subdivision, a centralized or coordinated assessment system shall cover the
geographic area, be easily accessed by individuals and families seeking housing or
services, be well advertised, and include a comprehensive and standardized
assessment tool.
(f) "Council" means the Homeless Coordinating and Financing Council created
pursuant to Section 8257 of the Welfare and Institutions Code.
(g) "Emergency shelter" has the same meaning as defined in subdivision (e) of
Section 50801.
Initial Here
Exhibit D-1
Page 5 of 25
Fresno County
21-HHAP-00063
Page 3 of 23
(h) "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the
Code of Federal Regulations, as that section read on January 10, 2019.
(i) "Homeless Management Information System" means the information system
designated by a Continuum of Care to comply with federal reporting requirements as
defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term
"Homeless Management Information System" also includes the use of a comparable
database by a victim services provider or legal services provider that is permitted by
the federal government under Part 576 of Title 24 of the Code of Federal
Regulations.
0) "Homeless point-in-time count" means the 2019 homeless point-in-time count
pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations. A
jurisdiction may elect to instead use their 2017 point-in-time count if they can
demonstrate that a significant methodology change occurred between the 2017 and
2019 point-in-time counts that was based on an attempt to more closely align the
count with HUD best practices and undertaken in consultation with HUD
representatives. A jurisdiction shall submit documentation of this to the agency by
the date by 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.
(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.
Initial Here
Exhibit D-1
Page 6 of 25
Fresno County
21-HHAP-00063
Page 4 of 23
(1) "Round 1" of the program means the funding allocated under the program
with moneys appropriated during the fiscal year beginning on July 1, 2019,
(2) "Round 2" of the program means the funding allocated under the program
with moneys appropriated during the fiscal year beginning on July 1, 2020.
(p) "Program allocation" means the portion of program funds available to expand or
develop local capacity to address immediate homelessness challenges.
(q) "Recipient" means a jurisdiction that receives funds from the agency for the
purposes of the program
Additional definitions for the purposes of the HHAP-2 program:
"Obligate" means that the Grantee has placed orders, awarded contracts, received
services, or entered into similar transactions that require payment using HHAP-2
funding. Grantees, and the subrecipients who receive awards
from those Grantees, must obligate the funds by the statutory deadlines set forth in
this Exhibit A.
"Expended" means all HHAP-2 funds obligated under contract or subcontract have
been fully paid and receipted, and no invoices remain outstanding. In the case of an
award made through subcontracting, subcontractors are required to expend the
funds by the same statutory deadlines.
4) Scope of Work
The Scope of Work ("Work") for this Agreement shall include uses that
are consistent with Health and Safety Code section 50220.5, subdivision (d)—(f), and
any other applicable laws. The grantee shall expend funds on evidence-based
solutions that address and prevent homelessness among eligible populations
including any of the following:
a) Rapid rehousing, including rental subsidies and incentives to landlords, such as
security deposits and holding fees.
b) Operating subsidies in new and existing affordable or supportive housing units,
emergency shelters, and navigation centers. Operating subsidies may include
operating reserves.
c) Street outreach to assist persons experiencing homelessness to access
permanent housing and services.
Initial Here
Exhibit D-1
Page 7 of 25
Fresno County
21-HHAP-00063
Page 5 of 23
d) Services coordination, which may include access to workforce, education, and
training programs, or other services needed to promote housing stability in
supportive housing.
e) Systems support for activities necessary to create regional partnerships and
maintain a homeless services and housing delivery system, particularly for
vulnerable populations including families and homeless youth.
f) Delivery of permanent housing and innovative housing solutions, such as hotel
and motel conversions.
g) Prevention and shelter diversion to permanent housing, including rental
subsidies.
h) New navigation centers and emergency shelters based on demonstrated need.
Demonstrated need for purposes of this paragraph shall be based on the
following:
(i) The number of available shelter beds in the city, county, or region served by a
Continuum of Care.
(ii) The number of people experiencing unsheltered homelessness in the
homeless point-in-time count.
(iii) Shelter vacancy rate in the summer and winter months.
(iv) Percentage of exits from emergency shelters to permanent housing solutions.
(v) A plan to connect residents to permanent housing.
5) Agency Contract Coordinator
The Agency's Contract Coordinator for this Agreement is the Council's HHAP Grant
Manager or the Grant Manager's designee. Unless otherwise instructed, any notice,
report, or other communication 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:
Initial Here
Exhibit D-1
Page 8 of 25
Fresno County
21-HHAP-00063
Page 6 of 23
PROGRAM GRANTEE
ENTITY: Business Consumer Services and County of Fresno
Housing Agency
SECTION/UNIT: Homeless Coordinating and
Financing Council (HCFC)
ADDRESS: 915 Capitol Mall Suite 350-A PO Box 24055
Sacramento, CA, 95814 Fresno, CA 93612
CONTRACT MANAGER Victor Duron Laura Moreno
PHONE NUMBER: (916) 510-9442 (559) 600-2335
EMAIL ADDRESS: Victor.Duron@bcsh.ca.gov Ihaga@fresnocountyca gov
All requests to update the Grantee information listed within this Agreement shall be
emailed to the Homeless Coordinating and Financing Council's general email box
at hhap(c_Dbcsh.ca.gov. The Council reserves the right to change their representative
and/or contact information at any time with notice to the Grantee.
F i Effective Date, Term of Agreement, and Deadlines
a) This Agreement is effective upon approval by the Agency (indicated by the
signature provided by Agency in the lower left section of page one, Standard
Agreement, STD. 213), when signed by all parties.
b) Contractual Obligation:
i) Grantees that are counties must contractually obligate 100 percent of their
full program allocations on or before May 31, 2023.
ii) Grantees that are cities or continuums of care must contractually obligate no
less than 50 percent of program allocations on or before May 31, 2023,
iii) Counties that contractually obligate less than 100 percent of program
allocations after May 31, 2023 will have their unallocated funds reverted to
the CoC that serves the county. Specific to Los Angeles County, funds that
are not contractually obligated by this date shall be divided proportionately
using the HHAP funding allocation formula among the four CoC's that serve
Los Angeles County: City of Glendale CoC, City of Pasadena CoC, the City
of Long Beach CoC, and the Los Angeles Homeless Services Authority
u�
Initial Here
Exhibit D-1
Page 9 of 25
Fresno County
21-HHAP-00063
Page 7 of 23
Cities or Continuums of Care that, after May 31, 2023, have contractually
obligated less than 50 percent of program allocations must submit and have
approved by the Council an alternative disbursement plan as required
under (Health & Safety Code, § 50220.5, subdivision (k)(2)).
c) Full Expenditure of HHAP-2 Grant Funds
i) All HHAP-2 grant funds (100 percent) must be expended by June 30, 2026.
Any funds not expended by that date shall revert to the General Fund (Health
& Safety Code, § 50220.5, subdivision (o)).
7) Special Conditions
Agency reserves the right to add any special conditions to this Agreement it deems
necessary to ensure that the goals of the Program are achieved.
Initial Here
Exhibit D-1
Page 10 of 25
Fresno County
21-HHAP-00063
Page 8 of 23
Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2)
Standard Agreement
EXHIBIT B
BUDGET DETAIL and DISBURSEMENT PROVISIONS
1) Budget Detail & Changes
The Grantee agrees that HHAP-2 funds shall be expended on uses that support
regional coordination and expand or develop local capacity to address immediate
homelessness challenges. Such activities must be informed by a best-practices
framework focused on moving people experiencing homelessness into permanent
housing and supporting the efforts of those individuals and families to maintain their
permanent housing.
The Grantee shall expend HHAP-2 funds on eligible activities as detailed in
the expenditure plan and funding plan submitted with the Grantee's approved
application. The Grantee shall submit an updated funding plan with
the annual report that revises and reports all actual and projected expenditures of
HHAP-2 funds.
a) Budget Changes
i) Changes may be made to the timing (e.g., fiscal year) of eligible use
expenditures without prior approval by the Agency so long as the total
expenditures (actual and projected) for each eligible use category remain the
same as described in the expenditure plan approved with
the Grantee's application.
ii) Any decrease or increase to the total expenditures for
any eligible use category must otherwise be approved by the Council's
HHAP-2 Grant Manager or his/her designee, in writing, before
the Grantee may expend HHAP-2 funds according to an alternative
expenditure plan. The HHAP-2 Grant Manager will respond to Grantee with
approval or denial of request. Failure to obtain written approval from the Grant
Manager or his/her designee as required by this section may be considered a
breach of this Agreement. A breach of this agreement may result in remedies
listed within Exhibit C of this agreement.
2) General Conditions Prior to Disbursement
All Grantees must submit the following forms prior to HHAP-2 funds being released:
Request for Funds Form ("RFF")
STD 213 Standard Agreement - Two original copies of the signed STD 213
form and initialed Exhibits A through D
Initial Here
Exhibit D-1
Page 11 of 25
Fresno County
21-HHAP-00063
Page 9 of 23
• STD 204 Payee Data Record or Government Agency Taxpayer ID Form
3) Disbursement of Funds
HHAP-2 funds will be disbursed to the Grantee upon receipt, 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).
The RFF must include the proposed eligible uses and the amount of funds proposed
for expenditure under each eligible use. HHAP-2 funds will be disbursed in a
single allocation via mailed check once the RFF has been received by the
SCO. Checks will be mailed to the address and contact name listed on the RFF.
4) Expenditure of Funds
Specific requirements and deadlines for contractually obligating and expending
awarded funds are set forth in the Homeless Housing, Assistance, and Prevention
Program statutes. Health and Safety Code sections 50218.5 and 50220.5 mandate
the following:
a) Up to 5 percent of an applicant's HHAP-2 program allocation may be expended
for the following uses that are intended to meet federal requirements for housing
funding:
i) Strategic homelessness plan, as defined in Section 578.7(c) of Title 24 of the
Code of Federal Regulations.
ii) Infrastructure development to support coordinated entry systems and
Homeless Management Information Systems.
b) The applicant shall not use more than 7 percent of a HHAP-2 program allocation
for administrative costs incurred by the city, county, or Continuum of Care to
administer its program allocation. For purposes of this subdivision,
"administrative costs" does not include staff or other costs directly related to
implementing activities funded by the program allocation.
c) A program recipient shall use at least 8 percent of the funds allocated under this
section for services for homeless youth populations.
d) Recipients of HHAP-2 funds shall comply with Housing First as provided in
Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and
Institutions Code.
e) Grantees that are cities or continuums of care shall contractually obligate no less
than 50 percent of HHAP-2 funds by May 31, 2023. If less than 50 percent is
Initial Here
Exhibit D-1
Page 12 of 25
Fresno County
21-HHAP-00063
Page 10 of 23
obligated after May 31, 2023, continuums of care and cities shall not expend any
remaining portion of the 50 percent of program allocations required to have been
obligated unless and until both of the following occur:
i) On or before June 30, 2023, the Grantee submits an alternative disbursement
plan to HCFC that includes an explanation for the delay and a plan
to fully expend these funds by December 31, 2023.
ii) HCFC approves the alternative disbursement plan or provides the Grantee
with guidance on the revisions needed in order to approve the alternative
disbursement plan.
iii) If the funds identified in the approved alternative disbursement plan are
not fully expended by December 31, 2023, the funds shall be returned to the
HCFC for a subsequent round of awards by HCFC.
f7 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-2 funding allocation formula among the four CoC's that serve Los
Angeles County: City of Glendale CoC, City of Pasadena CoC, the City of Long
Beach CoC, and the Los Angeles Homeless Services Authority.
Counties not obligating their full program allocation by May 31, 2023 are required
to notify HCFC, on or before that date, of the name of the CoC(s) in which the
county is served, and the amount of program funds that will be reverted to
the CoC(s). By June 30, 2023, the county shall provide HCFC with evidence that
the funds were transferred and submit an updated budget that clearly identifies
the funds that were transferred.
g) HHAP-2 funds shall be expended by June 30, 2026
h) In accordance with Health and Safety Code section 50220.5, subdivision (1),
HCFC retains the right to require a corrective action plan of grantees that are not
on track to fully expend funds by the statutorily required deadline.
i) Any funds not expended by June 30. 2026 shall revert to the General Fund.
5) Ineligible Costs
HHAP-2 funds shall not be used for costs associated with activities in violation of
any law or for any activities not consistent with the intent of the Program and
the eligible uses identified in Health and Safety Code section 50220.5.
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Exhibit D-1
Page 13 of 25
Fresno County
21-HHAP-00063
Page 11 of 23
HCFC reserves the right to request additional clarifying information to determine the
reasonableness and eligibility of all uses of the funds made available by this
Agreement. If the Grantee or its funded subrecipients use HHAP-2 funds to pay
for ineligible activities, the Grantee shall be required to reimburse these funds
to Agency.
An expenditure which is not authorized by this Agreement, or by written approval of
the Grant Manager or his/her designee, or which cannot be adequately documented,
shall be disallowed and must be reimbursed to Agency by the Grantee.
HCFC, at its sole and absolute discretion, shall make the final determination
regarding the allowability of HHAP-2 fund expenditures.
Program funds shall not be used to supplant existing local funds for homeless
housing, assistance, or prevention.
Reimbursements are not permitted in HHAP-2 for any expenditures prior to the date
of execution of this Agreement.
S
Initial Ffere
Exhibit D-1
Page 14 of 25
Fresno County
21-HHAP-00063
Page 12 of 23
Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2)
Standard Agreement
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1) Termination and Sufficiency of Funds
a) Termination of Agreement
Agency may terminate this Agreement at any time for cause by giving a minimum
of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist
of violations of any conditions of this Agreement, any breach of contract as
described in paragraph 6 of this Exhibit C; violation of any federal or state laws;
or withdrawal of Agency's expenditure authority. Upon termination of this
Agreement, unless otherwise approved in writing by Agency, any unexpended
funds received by the Grantee shall be returned to Agency within 30 days
of Agency's notice of termination.
b) Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made
available to Agency by legislative appropriation. In addition, this Agreement is
subject to any additional restrictions, limitations or conditions, or statutes,
regulations or any other laws, whether federal or those of the State of California,
or of any agency, department, or any political subdivision of the federal or State
of California governments, which may affect the provisions, terms or funding of
this Agreement in any manner.
2) Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other
means, the rights, duties, or performance of this Agreement or any part thereof,
except as allowed within Exhibit C Section 12 (Special Conditions —
Grantees/SubGrantee) or with the prior written approval of HCFC and a formal
amendment to this Agreement to affect such subcontract or novation.
3) Grantee's Application for Funds
Grantee has submitted to HCFC an application for HHAP-2 funds to support regional
coordination and expand or develop local capacity to address its immediate
homelessness challenges. Agency is entering into this Agreement on the basis of
Grantee's facts, information, assertions and representations contained in
that application. Any subsequent modifications to the original funding plans
submitted within the original application must be requested through the formal HHAP
Change Request Process and are subject to approval by HCFC.
<44
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Exhibit D-1
Page 15 of 25
Fresno County
21-HHAP-00063
Page 13 of 23
Grantee warrants that all information, facts, assertions and representations
contained in the application and approved modifications and additions thereto are
true, correct, and complete to the best of Grantee's knowledge. In the event that any
part of the application and any approved modification and addition thereto is untrue,
incorrect, incomplete, or misleading in such a manner that would substantially affect
HCFC approval, disbursement, or monitoring of the funding and the grants or
activities governed by this Agreement, then Agency may declare a breach of this
Agreement and take such action or pursue such remedies as are legally available.
4) Reporting/Audits
a) Annual Reports
By January 1, 2022, and annually on that date thereafter until all funds have
been expended, the Grantee shall submit an annual report to HCFC in a
format provided by HCFC. Annual Reports will include a request for data on
expenditures and people served with HHAP-2 funding in addition to details on
specific projects selected for the use of HHAP-2 funding. If the Grantee fails to
provide such documentation, HCFC may recapture any portion of the amount
authorized by this Agreement with a 14-day written notification. No later than
January 1, 2027, the Grantee shall submit a final report, in a format provided
by HCFC, as well as a detailed explanation of all uses of the Program funds.
b) Expenditure Reports
In addition to the annual reports, HCFC requires the Grantee to submit quarterly
expenditure reports due no later than 30 days following the end of each fiscal
quarter. Grantee shall submit a report to HCFC on a form and method provided
by HCFC that includes the ongoing tracking of the specific uses and expenditures
of any program funds broken out by eligible uses listed, including the current
status of those funds, as well as any additional information HCFC deems
appropriate or necessary. If the Grantee fails to provide such documentation,
HCFC may recapture any portion of the amount authorized by this Agreement
with a 14-day written notification.
c) Reporting Requirements
i) Annual Report: The annual report shall contain detailed information in
accordance with Health and Safety Code section 50222, subdivision (a).
This information includes the following, as well as any additional information
deemed appropriate or necessary by HCFC:
(1) Data collection shall include, but not be limited to, information regarding
individuals and families served, including demographic information,
information regarding partnerships among entities or lack thereof, and
participant and regional outcomes.
11'J
Initial Here
Exhibit D-1
Page 16 of 25
Fresno County
21-HHAP-00063
Page 14 of 23
(2) The performance monitoring and accountability framework shall include
clear metrics, which may include, but are not limited to, the following:
(a) The number of individual exits to permanent housing, as defined by the
United States Department of Housing and Urban Development, from
unsheltered environments and interim housing resulting from this
funding.
(b) Racial equity, as defined by the council in consultation with
representatives of state and local agencies, service providers, the
Legislature, and other stakeholders.
(c) Any other metrics deemed appropriate by the council and developed in
coordination with representatives of state and local agencies,
advocates, service providers, and the Legislature.
(3) Data collection and reporting requirements shall support the efficient and
effective administration of the program and enable the monitoring of
jurisdiction performance and program outcomes.
ii) Expenditure Report: The expenditure report shall contain data on
expenditures of HHAP-2 funding including but not limited to obligated funds,
expended funds, interest accrued, and other funds derived from HHAP-2
funding.
iii) Final Expenditure Plan: During the final fiscal year of reporting, grantees may
be required to include a plan to fully expend HHAP-2 grant funding. This plan
must be submitted with the quarterly expenditure report in a format to be
provided by HCFC.
iv) HCFC may require additional supplemental reporting with written notice to the
Grantee.
v) Grantee may, at their discretion, fully expend their HHAP-2 allocation prior to
the end date of the grant term and will not be required to submit quarterly
fiscal reports after the quarter in which their allocation was fully expended.
d) Auditing
Agency reserves the right to perform or cause to be performed a financial audit.
At Agency request, the Grantee shall provide, at its own expense, a financial
audit prepared by a certified public accountant. HHAP-2 administrative funds may
be used to fund this expense. Should an audit be required, the Grantee shall
adhere to the following conditions:
i) The audit shall be performed by an independent certified public accountant.
Initial Here
Exhibit D-1
Page 17 of 25
Fresno County
21-HHAP-00063
Page 15 of 23
ii) The Grantee shall notify Agency of the auditor's name and address
immediately after the selection has been made. The contract for the audit
shall allow access by Agency to the independent auditor's working papers
iii) The Grantee is responsible for the completion of audits and all costs of
preparing audits.
iv) If there are audit findings, the Grantee must submit a detailed response
acceptable to Agency for each audit finding within 90 days from the date of
the audit finding report.
5) Inspection and Retention of Records
a) Record Inspection
HCFC or its designee shall have the right to review, obtain, and copy all records
and supporting documentation pertaining to performance under this Agreement.
The Grantee agrees to provide HCFC, or its designee, with any relevant
information requested. The Grantee agrees to give HCFC or its designee access
to its premises, upon reasonable notice and during normal business hours, for
the purpose of interviewing employees who might reasonably have information
related to such records, and of inspecting and copying such books, records,
accounts, and other materials that may be relevant to
an investigation of compliance with the Homeless Housing, Assistance, and
Prevention Program laws, the HHAP-2 program guidance document published
on the website, and this Agreement.
In accordance with Health and Safety Code section 50220.5, subdivision (1), if
upon inspection of records HCFC identifies noncompliance with grant
requirements HCFC retains the right to impose a corrective action plan on the
Grantee.
b) Record Retention
The Grantee further agrees to retain all records described in subparagraph A for
a minimum period of five (5) years after the termination of this Agreement.
If any litigation, claim, negotiation, audit, monitoring, inspection or other action
has been commenced before the expiration of the required record retention
period, all records must be retained until completion of the action and resolution
of all issues which arise from it.
6) Breach and Remedies
a) Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events.-
Initial Here
Exhibit D-1
Page 18 of 25
Fresno County
21-HHAP-00063
Page 16 of 23
i) Grantee's failure to comply with the terms or conditions of this Agreement
ii) Use of, or permitting the use of, HHAP-2 funds provided under this
Agreement for any ineligible activities.
iii) Any failure to comply with the deadlines set forth in this Agreement.
b) Remedies for Breach of Agreement
In addition to any other remedies that may be available to Agency in law or equity
for breach of this Agreement, Agency may:
i) Bar the Grantee from applying for future HHAP funds;
ii) Revoke any other existing HHAP-2 award(s) to the Grantee;
iii) Require the return of any unexpended HHAP-2 funds disbursed under this
Agreement;
iv) Require repayment of HHAP-2 funds disbursed and expended under this
Agreement;
v) Require the immediate return to Agency of all funds derived from the use of
HHAP-2 funds
vi) Seek, in a court of competent jurisdiction, an order for specific performance of
the defaulted obligation or participation in the technical assistance in
accordance with HHAP-2 requirements.
c) All remedies available to Agency are cumulative and not exclusive.
d) Agency may give written notice to the Grantee to cure the breach or
violation within a period of not less than 15 days.
7) Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior
or subsequent breach. The failure of Agency to enforce at any time the provisions of
this Agreement, or to require at any time, performance by the Grantee of these
provisions, shall in no way be construed to be a waiver of such provisions nor to
affect the validity of this Agreement or the right of Agency to enforce
these provisions.
8) Nondiscrimination
During the performance of this Agreement, Grantee and its subrecipients shall not
unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex (gender), sexual orientation, gender
identity, gender expression, race, color, ancestry, religion, creed, national origin
(including language use restriction), pregnancy, physical disability (including HIV and
AIDS), mental disability, medical condition (cancer/genetic characteristics), age
Initial H6re
Exhibit D-1
Page 19 of 25
Fresno County
21-HHAP-00063
Page 17 of 23
(over 40), genetic information, marital status, military and veteran status, and denial
of medical and family care leave or pregnancy disability leave. Grantees and Sub
grantees shall ensure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment.
Grantee and its subrecipients shall comply with the provisions of California's laws
against discriminatory practices relating to specific groups: the California Fair
Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations
promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.). and the
provisions of Article 9.5, Chapter 1 , Part 1, Division 3, Title 2 of the Government
Code (Gov. Code, §§ 11135 - 11139.5). Grantee and its subrecipients shall give
written notice of their obligations under this clause to labor organizations with which
they have a collective bargaining or other agreement.
9) Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. For
instance, Health and Safety Code section 50220.5, subdivision (i) states, " For
purposes of Section 1090 of the Government Code, a representative of a county
serving on a board, committee, or body with the primary purpose of administering
funds or making funding recommendations for applications pursuant to this chapter
shall have no financial interest in any contract, program, or project voted on by the
board, committee, or body on the basis of the receipt of compensation for holding
public office or public employment as a representative of the county."
Failure to comply with these laws, including business and financial disclosure
provisions, will result in the application being rejected and any subsequent contract
being declared void. Other legal action may also be taken. Additional applicable
statutes include, but are not limited to, Government Code section 1090 and Public
Contract Code sections 10410 and 10411 .
a) Current State Employees: No State officer or employee shall engage in any
employment, activity, or enterprise from which the officer or employee receives
compensation or has a financial interest, and which is sponsored or funded by
any State agency, unless the employment, activity, or enterprise is required as a
condition of regular State employment. No State officer or employee shall
contract on his or her own behalf as an independent Grantee with any State
agency to provide goods or services.
b) Former State Employees: For the two-year period from the date he or she left
State employment, no former State officer or employee may enter into a contract
in which he or she engaged in any of the negotiations, transactions, planning,
arrangements, or any part of the decision-making process relevant to the
contract while employed in any capacity by any State agency. For the twelve-
month period from the date he or she left State employment, no former State
officer or employee may enter into a contract with any State agency if he or she
was employed by that State agency in a policy-making position in the same
Initial Here
Exhibit D-1
Page 20 of 25
Fresno County
21-HHAP-00063
Page 18 of 23
general subject area as the proposed contract within the twelve-month period
prior to his or her leaving State service.
c) Employees of the Grantee: Employees of the Grantee shall comply with all
applicable provisions of law pertaining to conflicts of interest, including but not
limited to any applicable conflict of interest provisions of the a Political Reform
Act of 1974 (Gov. Code, § 81000 et seq.).
d) Representatives of a County: A representative of a county serving on a board,
committee, or body with the primary purpose of administering funds or making
funding recommendations for applications pursuant to this chapter shall have no
financial interest in any contract, program, or project voted on by the board,
committee, or body on the basis of the receipt of compensation for holding public
office or public employment as a representative of the county.
10)Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies,
under penalty of perjury under the laws of State of California, that it and its
subrecipients will comply with the requirements of the Drug-Free Workplace Act of
1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by
taking the following actions:
Publish a statement notifying employees and subrecipients that unlawful
manufacture distribution, dispensation, possession, or use of a controlled substance
is prohibited and specifying actions to be taken against employees, Grantees, or
subrecipients for violations, as required by Government Code section 8355,
subdivision (a)(1).
a) Establish a Drug-Free Awareness Program, as required by Government Code
section 8355, subdivision (a)(2) to inform employees, Grantees, or
subrecipients about all of the following:
i) The dangers of drug abuse in the workplace;
ii) Grantee's policy of maintaining a drug-free workplace;
iii) Any available counseling, rehabilitation, and employee assistance program:
and
iv) Penalties that may be imposed upon employees, Grantees, and
subrecipients for drug abuse violations.
b) Provide, as required by Government Code section 8355, subdivision (a)(3), that
every employee and/or subrecipient that works under this Agreement:
i) Will receive a copy of Grantee's drug-free policy statement, and
Initial Here
Exhibit D-1
Page 21 of 25
Fresno County
21-HHAP-00063
Page 19 of 23
ii) Will agree to abide by terms of Grantee's condition of employment or
subcontract.
11)Child Support Compliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in
accordance with Public Contract Code 7110, that.-
a) The Grantee recognizes the importance of child and family support obligations
and shall fully comply with all applicable state and federal laws relating to child
and family support enforcement, including, but not limited to, disclosure of
information and compliance with earnings assignment orders, as provided in
Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family
Code-, and
b) The Grantee, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
12)Special Conditions — Grantees/Subgrantee
The Grantee agrees to comply with all conditions of this Agreement including
the Special Conditions set forth in Exhibit D. These conditions shall be met to the
satisfaction of Agency prior to disbursement of funds. The Grantee shall ensure that
all Subgrantees are made aware of and agree to comply with all the conditions of this
Agreement and the applicable State requirements governing the use of HHAP-2
funds. Failure to comply with these conditions may result in termination of this
Agreement.
a) The Agreement between the Grantee and any Subgrantee shall require
the Grantee and its Subgrantees, if any, to:
i) Perform the work in accordance with Federal, State and Local housing and
building codes, as applicable.
ii) Maintain at least the minimum State-required worker's compensation for
those employees who will perform the work or any part of it.
iii) Maintain, as required by law, unemployment insurance, disability insurance.
and liability insurance in an amount that is reasonable to compensate any
person, firm or corporation who may be injured or damaged by the Grantee or
any Subgrantee in performing the Work or any part of it.
iv) Agree to include all the terms of this Agreement in each subcontract.
13)Compliance with State and Federal Laws, Rules, Guidelines and Regulations
- IS6
Initial Here
Exhibit D-1
Page 22 of 25
Fresno County
21-HHAP-00063
Page 20 of 23
The Grantee agrees to comply with all state and federal laws, rules and regulations
that pertain to construction, health and safety, labor, fair employment practices,
environmental protection, equal opportunity, fair housing, and all other matters
applicable and/or related to the HHAP-2 program, the Grantee, its subrecipients, and
all eligible activities.
Grantee shall also be responsible for obtaining any and all permits, licenses, and
approvals required for performing any activities under this Agreement, including
those necessary to perform design, construction, or operation and maintenance of
the activities. Grantee shall be responsible for observing and complying with any
applicable federal, state, and local laws, rules or regulations affecting any such work,
specifically those including, but not limited to, environmental protection,
procurement, and safety laws, rules, regulations, and ordinances. Grantee shall
provide copies of permits and approvals to HCFC upon request.
14)Inspections
a) Grantee shall inspect any work performed hereunder to ensure that the work is
being and has been performed in accordance with the applicable federal, state
and/or local requirements, and this Agreement.
b) HCFC reserves the right to inspect any work performed hereunder to ensure that
the work is being and has been performed in accordance with the
applicable federal, state and/or local requirements, and this Agreement.
c) Grantee agrees to require that all work that is determined based on such
inspections not to conform to the applicable requirements be corrected and to
withhold payments to the subrecipient until it is corrected.
15)Litigation
a) If any provision of this Agreement, or an underlying obligation, is held invalid by a
court of competent jurisdiction, such invalidity, at the sole discretion
of Agency, shall not affect any other provisions of this Agreement and the
remainder of this Agreement shall remain in full force and effect. Therefore, the
provisions of this Agreement are and shall be deemed severable.
b) The Grantee shall notify HCFC immediately of any claim or action undertaken by
or against it, which affects or may affect this Agreement or Agency, and shall take
such action with respect to the claim or action as is consistent with the terms of
this Agreement and the interests of Agency.
Initial Here
Exhibit D-1
Page 23 of 25
Fresno County
21-HHAP-00063
Page 21 of 23
Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2)
Standard Agreement
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1) All proceeds from any interest-bearing account established by the Grantee for the
deposit of HHAP-2 funds, along with any interest-bearing accounts opened
by subrecipients to the Grantee for the deposit of HHAP-2 funds, must be used for
HHAP-2-eligible activities and reported on as required by Agency.
2) Per Health and Safety Code Section 50220.5 (g), any housing-related activities
funded with HHAP-2 funds, including but not limited to emergency shelter, rapid-
rehousing, rental assistance, transitional housing and permanent supportive
housing, must be in compliance or otherwise aligned with the core components of
Housing First, as described in Welfare and Institutions Code section 8255,
subdivision (b). Individuals and families assisted with these funds must not be
required to receive treatment or perform any other prerequisite activities as a
condition for receiving shelter, housing, or other services for which these funds are
used. In addition, HHAP-2 funding shall be used to adopt a Housing First approach
within the entire local homelessness response system, including outreach and
emergency shelter, short-term interventions like rapid re-housing, and longer-term
interventions like supportive housing,
3) Grantee shall utilize its local Homeless Management Information System (HMIS) to
track HHAP-2-funded projects, services, and clients served. Grantee will ensure that
HMIS data are collected in accordance with applicable laws and in such a way as to
identify individual projects, services, and clients that are supported by HHAP-2
funding (e.g., by creating appropriate HHAP-2-specific funding sources and project
codes in HMIS).
4) Grantee shall participate in and provide data elements, including, but not limited to,
health information, in a manner consistent with federal law, to the statewide
Homeless Management Information System (known as the Homeless Data
Integration System or "HDIS"), in accordance with their existing Data Use
Agreement entered into with the Council, if any, and as required by Health and
Safety Code section 50220.6. Any health information provided to, or maintained
within, the statewide Homeless Management Information System shall not be
subject to public inspection or disclosure under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code). For purposes of this paragraph, "health information" means
"protected health information," as defined in Part 160.103 of Title 45 of the Code of
Federal Regulations, and "medical information," as defined in subdivision 0) of
Section 56.05 of the Civil Code. The Council may, as required by operational
Initial Here
Exhibit D-1
Page 24 of 25
Fresno County
21-HHAP-00063
Page 22 of 23
necessity, amend or modify required data elements, disclosure formats, or
disclosure frequency.
5) Grantee shall include in their annual report and upon request from HCFC an update
on progress towards meeting goals provided within Section 4: HHAP Round 2 Goals
of the HHAP-2 application. Grantees will report on these goals in a manner and
format provided to Grantee by HCFC.
6) Grantee agrees to accept technical assistance as directed by HCFC or by a
contracted technical assistance provider acting on behalf of HCFC and report to
HCFC on programmatic changes the grantee will make as a result of the technical
assistance and in support of their grant goals.
7) Grantee agrees to demonstrate a commitment to racial equity and, per Section
50222 (a)(2)(B), the grantee shall use data provided through HDIS to analyze racial
disproportional ity in homeless populations and, in partnership with HCFC, establish
clear metrics and performance monitoring for achieving equity in provision of
services and outcomes for Black, Native, and Indigenous, Latinx, Asian, Pacific
Islanders and other People of Color who are disproportionately impacted by
homelessness and COVID-19
8) Grantee should establish a mechanism for people with lived experience of
homelessness to have meaningful and purposeful opportunities to inform and shape
all levels of planning and implementation, including through opportunities to hire
people with lived experience.
Initial Here
Exhibit D-1
Page 25 of 25
Fresno County
21-HHAP-00063
Page 23 of 23
Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2)
Standard Agreement
EXHIBIT E
STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS
This exhibit is incorporated by reference and made part of this agreement. The General
Terms and Conditions (GTC 04/2017) can be viewed at the following link:
https://wwk,v.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-
FINALapi-il2017.pdf?la=en&Dash=3A64979F777D5B9D35309433EE81969FD69052D2
In the interpretation of this Agreement, any inconsistencies between the State of
California General Terms and Conditions (GTC - 04/2017) and the terms of this
Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and
its exhibits/attachments.
S6
Initial Here
Exhibit E
Page 1 of 25
Agreement No. 20-197
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENTNUMBER PURCHASING AUTHORITY NUMBER(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 tot)
2.The term of that;Agreement Is:
START DATE
Upon 8CSH 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 fallowing exhibits,which are by this reference made a part of the Agreement.
Exhibits Title Pages
Exhibit A Scope of Work 1-6
Exhibit B Budget Detail and Payment Provisions
Exhibit C Homeless Coordinating and Financing Council Terms and Conditions 112-21-
Exhibit D Special Terms and.Conditions 22
+ Exhibit E* General Terms and Conditions
Z3
'Morriss own wit an dsteris F),are ere yincorporate yre erence and rna a patt-37 this agreementas if attached ereto. '
7hesedocuments-an be viewed othttD-Lw- ydgss.cogov/ 3aesources
IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTiD ByTHE PARTIES'HERETQ.
CONTRACTOR
CONTRACTOR NAME(If othetthan an individual,state whether a corporation,partnership,etc.)
-- County of Fresno(CA-514 Fresno Madera CoC) .
CONTRACTOR BUSINESS ADDRESS ATTEST: CITY STATE ZIP
PO Box 24055 BERNICE E.SEIDEL Fresno CA 93779
Clerk of the Board of Supervisors
PRINTED NAME OF PERSON SIGNING County of Fresno,State of California TITLE
Ernest Buddy Mendes By Deputy Chairman,Board of Supervisors
CONTRACTOR AUTHORIZED SIGNATURE - DATE SIGNED
aLo, adac>
I
Page 1 of 2
Exhibit E
Page 2 of 25
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
P
STANDARD AGREEMENT AGREEMENT NUM9ER URCHASING AUTHORITY NUMBER(If Applicable)
STD xi s(Rev.03n019) 20-HHAP-00097
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Business,Consumer Services;and Housing Agency
CONTRACTING AGENCYADDRESS CITY STATE ZIP
915 Capitol Mall,Suite 350A Sacramento CA 95814
PRINTED NAME OF PERSON SIGNING TITLE
Lourdes Castro Ramirez Secretary
CONTRACI1NGAGEN UT IZEgSIG RE DATESIGNED
CALIFORNIA DEPARTM FGENERALSERVICESAPPROVAL EXEMPTION(If Applicable)
III
i
i
I
I
Pane 2 of 2
Exhibit E
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. Au thori
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 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
.. _ P g y application, requirements of the,
resentations contained in the Grantee's a lication� and the r
an conditions of the Agreement, the NOFA under-which the Grantee applied-the
re
authority cited above.
!
2. Purpose
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 w
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 60219, subdivision (c)(1) — (8).
. i
Homeless.Housing, Assistance and Prevention Program RA
NOFA Date: December 6, 2019 I
Exhibit E
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 its legally incorporated to provide local
government services to its population.A city can be organized either under the general
laws of this state or under a charter adopted by the local voters.
(d) "Continuum of care" means the same as defined by the United States Department
of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal
Regulations.
(e) "Coordinated Entry System" means a centralized or coordinated process
developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations,
as that section read on January 10, 2019, designed to coordinate homelessness
program participant intake, assessment, and provision of referrals. In order to satisfy
- this-subdivision, a centralized or coordinated assessment system-shall-cover the - --
geographic area, be easily accessed by individuals and families seeking housing or
services, be well advertised, and include a comprehensive and standardized
assessment tool.
(f) "Council" means the Homeless Coordinating and Financing Council created
pursuant to Section 8257 of the Welfare and Institutions Code.
(g) "Emergency shelter"has the same meaning as defined in subdivision(e) of Section
50801.
(h) "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the
Code of Federal Regulations, as that-section read on January 10, 2019. �
(i) "Homeless Management Information System" means the information system
designated by a continuum of care to comply with federal reporting requirements as
defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term
"Homeless Management Information System"also includes the use of a comparable
Homeless Housing,Assistance and Prevention Program
NO FA Date: December 6, 2019
Exhibit E
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-in-time count" means the 2019 homeless point-in-time count
pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations.A jurisdiction
may elect to instead use their 2017 point-in-time count if they can demonstrate that a
significant methodology change occurred between the 2017 and 2019 point-in-time
counts that was based on an attempt to more closely align the count with HUD best
practices and undertaken in consultation with HUD representatives.A jurisdiction shall
submit docurnentation 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. j
(m)"Jurisdiction" means a city, city that is also a county, county, or continuum of care,
as defined in this section.
(n) "Navigation .center" means a Housing First, low-barrier, service-enriched shelter
focused on moving homeless individuals and families into permanent housing that
provides temporary living facilities while case managers connect individuals
experiencing homelessness to income, public benefits, health services, shelter, and
housing.
(o) "Program" means the Homeless Housing, Assistance, and Prevention program
established pursuant to this chapter.
Homeless Housing,Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit E
Page 6 of 25
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
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 users include the following.
A. Rental assistance and rapid rehousing.
B. Operating subsidies in new and existing affordable or supportive housing units,
I
emergency shelters, and navigation centers, Operating subsidies may include
operating reserves.
C. Incentives to landlords, including, but not limited to, security deposits and holding i
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: December 6, 2019
Exhibit E
Page 7 of 25
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 6 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,
III. Percentage of exits from emergency shelters to permanent housing solutions.
iv, A plan to connect residents to permanent housing.
5. Agency Contract Coordinator
The Agency's Contract Coordinator for this Agreement is the Council's HHAP Grant
Manager or the Grant Manager's designee. Unless otherwise instructed; any notice,
report, or other communication requiring an original Grantee signature for this
Agreement shall be mailed to the Agency Contract Coordinator. If there are
opportunities to send information electronically, Grantee will be notified via email by
the HHAP Grant-Manager or the Grant,Manager's-designee. _.
The Representatives during the term of this Agreement will be:
PROGRAM GRANTEE
ENTITY: Business Consumer Services and Continuum of Care for CA-514 a
Housing Agency Fresno Madera
SECTION/UNIT: Homeless Coordinating and Financing
Council(HCFC)
ADDRESS: 915 Capitol Mall Suite 350-A PO Box 24055
Sacramento, CA 95814 Fresno,CA 03770
I
CONTRACT MANAGER Amber Ostrander Laura MorenoProgram Manager
PHONE NUMBER: 916-651-7995 559-600-2335
EMAIL ADDRESS: Amber.Ostrander@bcsh.ca.gov Ihaga@thesnocountyca.gov
Homeless Housing,Assistance and Prevention Program
NOFA Date: December 6, 2019 !
Exhibit E
Page 8 of 25
Continuum of Care for CA-514 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
hcfc0bcsh.ca.gov. The Council reserves the right to change their representative
and/or contact information at any time with notice to the Grantee.
fi. 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 f
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 30,2026. 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 Data, December 8, 2019
Exhibit E
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 1
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Sydget 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
y p p according PP an alternative budget. The HHAP Grant
Manager-willg -respond to Grantee With approval roval or deial'of request, Failure to obtain
written approval from the Grant Manager or his/her designee as required by this
section may be considered a breach of this Agreement.
2. General Conditions_Prior to Disbursement
All Grantees must submit the following forms prior to HHAP funds being released:
A. Request for Funds Form (RFF)
B. STD 213 Standard Agreement - 2 original copies of the signed STD 213
form and initialed Exhibits A through E.
C. Data Use Agreement (all continuums of care, including those that
redirected funding to another jurisdiction - see Exhibit D for relevant
Special Terms and Conditions)
Homefess Housing,Assistance and Prevention Program
NOFA Date: December 6, 2019
f
Exhibit E
Page 10 of 25
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 8 of 23
Homeless Housing,Assistance and Prevention
Standard Agreement
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
3. Disbursement of Funds
HHAP funds will be disbursed to the Grantee upon receipt, review and approval of the
completed Standard Agreement and RFF by Agency, the Department of General
Services (DGS) and the State Controller's Office (SCO). Once Agency reoeives,
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 funding:
(1) Strategic homelessness plan, as defined in section 578.7(c) of Title 24 of
the Code of Federal Regulations, and/or
(2) Infrastructure development to support coordinated entry systems and
Homeless Management Information Systems.
B. No more than 7 percent of the HHAP allocation may be used for
administrative costs incurred by the Grantee.
C. At least 8 percent of the HHAP allocation shall be used to establish or expand
services for homeless youth populations.
D. Grantees that are cities or continuums of care shall contractually obligate no
less than 50 percent of HHAP funds by May 31, 2023. If less than 50 percent
is obligated after May 31, 2023, continuums of care and cities shall not expend
any remaining portion of the 50 percent of program allocations required to have
been obligated unless and until both of the following occur:
l
Homeless Housing,Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit E
Page 11 of 25
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 9 of 23
Homeless Housing,Assistance and Prevention
Standard Agreement
EXHIBIT B
BUDGET DETAIL_AND PAYMENT PROVISIONS
(1) On or before June 30, 2023, the Grantee submits an alternative
disbursement plan to Agency that includes an explanation for the delay
and a plan to fully expend these funds by December 31, 2023.
(2) Agency approves the alternative disbursement plan,
If the funds identified In the approved alternative disbursement plan are not
fully expended by December 31, 2023, the funds shall be returned to
Agency.
E. Grantees that are counties shall contractually obligate the full allocation (100
percent) awarded to them by May 31, 2023. Any funds that are not
contractually obligated by this date shall be reverted to the continuum of
care that 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, ther 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. Reli bursa ent
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 E
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 S
BUDGET DETAIL AND PAYMENT PROVISIONS
i
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
s to submit the following information for HCFC to review and approve or deny
such projects.
(1) The number of available shelter beds in the jurisdiction;
(2) The shelter vacancy rate in the summer and winter months;
(3) The percentage of exits from emergency shelters to permanent housing
solutions; and
(4)A plan to connect residents to permanent housing.
6. Ineligible:Costs
HHAP funds shall not be used for costs associated with activities in violation of any
law or for any activities not consistent with the intent of the Program and the eligible
uses identified in Health and Safety Code sections 50218 and 50219.
Agency reserves the right to request additional clarifying information to determine the
reasonableness and eligibility of all uses of the funds made available by this
Agreement. If the Grantee or its funded subrecipients use HHAP funds to pay
for ineligible activities, the Grantee shall be required to reimburse these funds 1
to Agency.
I
An expenditure which its 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 E
Page 13 of 25
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 11 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
7. A ministrative Costs
The Grantee must comply with Health and Safety Code section 50219, subdivision
(e), which limits the Grantee's administrative costs to no more than 7 percent of total
HHAP funds received. For purposes of this requirement, "administrative costs" does
not include staff or other costs directly related to implementing activities funded by the
Program allocation.
I
E
Homeless Housing,Assistance and Prevention Program
NOFA Date: December 6,.2019
Exhibit E
Page 14 of 25
Continuum of Care for CA-514 Fresno Madera
` 20-HHAP-00097
Page 12 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. Tram
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 j
the prior written approval of Agency and a formal amendment to this Agreement to
affect such subcontract or novation. j
3. Grantee's Application for Fun !dss
Grantee has submitted to Agency an application for HHAP funds to support regional
coordination and expand or develop local capacity to address its immediate
homelessness challenges. Agency is entering Into this Agreement on the basis of, and
in substantial reliance upon, Grantee's facts, information, assertions and
representations contained in that application, and in any subsequent modifications or
additions thereto approved by Agency. The application and any approved
modifications and additions thereto are hereby incorporated into this Agreement.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit E
Page 15 of 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. RepottinglAudits
A. Annual Report Deadlines
By January 1, 2021, and annually on that date thereafter until all funds have been
expended, the Grantee shall submit an annual report to Agency in a format provided
by Agency. If the Grantee fails to provide such documentation,Agency may recapture
any portion of the amount authorized by this Agreement with a 14-day written
notification. No later than January 1, 2026, the Grantee shall submit a final report, in
a format provided by Agency, as well as a detailed explanation of all uses of the
Program funds.
B: Reporting Requirements
The annual report shall contain detailed information in accordance with Health and
Safety Code section 50221, subdivision (a).This information includes the following, as
well as any additional Information deemed appropriate or necessary by Agency:
1'. An ongoing tracking of the specific uses and expenditures of any Program
funds broken out by eligible uses listed, including the current status of those
funds.
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.
j
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 6,2019
i
Exhibit E
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 costs of
preparing audits.
4. If there are audit findings, the Grantee must submit a detailed response
acceptable to Agency for each audit finding within 90 days from the date of the
audit finding report.
S. Inspection and Rejentian .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:December6, 2019 1
tl
tl
Exhibit E
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 subbaraaraph 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
NOVA Date: December 6, 2019
Exhibit E
Page 18 of 25
Continuum of Care for CA-514 Fresno Madera
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 prior or
` subsequent breach. The failure of Agency to enforce at any time the provisions of this
Agreement, or to require at any time, performance by the Grantee of these provisions,
shall in no way be construed to be a waiver of such provisions nor to affect the validity
of this Agreement or the right of Agency to enforce these provisions.
. 8. Nondiscrlmi cation _
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
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 9,6,
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 B, 2019
i
i
i
Exhibit E
Page 19 of 25
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 17 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
under this clause to labor organizations with which they have a collective bargaining
or other agreement.
9. Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. For instance,
Health .and. Safety Code section 50219, subdivision (h) states, "For purposes of
Section 1090 of the Government Code, a representative of a county serving on a
board, committee, or body with the primary purpose of administering funds or making
funding recommendations for applications pursuant to this chapter shall have no
financial interest in any contract, program, or project voted on by the board, 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
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 9
Contract Code sections 10410 and 10411,
A. Current State Employees, -No State officer or -employee shall engage in any J
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
NO FA Date: December 6, 2019
Exhibit E
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 1974
(Gov. Code, § 81000 et seq.).
D. Representatives of a County: A representative of a county serving on a board,
committee, or body with the primary purpose of administering funds or making funding
recommendations for applications pursuant to this chapter shall have no financial
E. interest in any contract, program, or project voted on by the board, committee, or
body on the basis of the receipt of compensation for holding public office or public
employment as a representative of the county.
10. Drug-Free Workplace Certification l
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 i
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 subreciplents
for drug abuse violations.
Homeless Housing,Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit E
Page 21 of 25
Continuum of Care for CA-514 Fresno Madera
20-HHAP-00097
Page 19 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
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
f -
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in
accordance with Public Contract Code 7110, that:
A. The Grantee recognizes the importance of child and family support obligations and
shall fully comply with all applicable state and federal laws relating to child and family
support enforcement, including, but not limited to, disclosure of information and
compliance with earnings assignment orders, as provided in Chapter 8 (commencing
with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The Grantee, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new employees
to the New-Hire-Registry maintained by the California Employment Development -
a
Department.
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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 M 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 E
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 COUNCILTERMS AND
CONDITIONS
2. Maintain at least the minimum State-required worker's compensation for those
employees who will perform the work or any part of it.
3. Maintain, as required by law, unemployment insurance, disability insurance,
and liability insurance in an amount that Is reasonable to compensate any
person, firm or corporation who may be injured or damaged by the Grantee or
any SubGrantee in performing the Work or any part of it.
4. Agree to include all the terms of this Agreement in each subcontract.
13. Compliance with State and Federal Laws, Rules, Guidelines and Reiaulations
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 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$, 2019
Exhibit E
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.
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1
it
a
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6,2019
Exhibit E
Page 24 of 25
Continuum of Care for CA-514 Fresno Madera
20-H HAP-00097
Page 22 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
subredipients 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 8265, subdivision (b).
3. Grantee agrees to utilize its local Homeless Management Information System
(HMIS) to track HHAP-funded projects, services, and clients served. Grantee will
ensure that HMIS data are collected in accordance with applicable laws and in
such a way as to identify individual projects, services, and clients that are
supported by HHAP funding (e.g., by creating appropriate HHAP-specific funding
sources and project codes in HMIS).
4, Grantee agrees to participate in the statewide data system or warehouse created
by Agency to collect local data from California continuums of care through the
HMIS, and sign any required data use agreements allowing Agency to access
Grantee's HMIS'data for that purpose. _.
3
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
remedies permitted by this Agreement or by applicable law.
Homeless Housing,Assistance and Prevention Program
NO FA Date: December 6, 2019
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Exhibit E
Page 25 of 25
Continuum of Care for CA-614 Fresno Madera
20-HHAP-00097
Page 23 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT E
GENERAL TERNS AND CONDITIONS
This exhibit is incorporated by reference and made part of this agreement. This
document can be viewed at the following link:
hI s://www.dgs.ca.gov/OLS/Resources!Page-Content/OfFce-of-Legal=Services-
Resources-L.ist-Folder/Standard-Contract-Language,
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I
Homeless Housing, Assistance and Prevention.Program
NOFA Date: December 6, 2019
$C� �D: Exhibit E-1
P e 1 of 25
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES Agreement No. 21-187
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable)
S I D 213(Rev.04/2020) 21-HHAP-00064 010725
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:
SI All T DAIF
Upon BCSH approval
TI IROUGH END DATE
06/30/2026
3.The maximum amount of this Agreement is:
$1,397,933.00(One Million Three Hundred Ninety Seven Thousand Nine Hundred Thirty Three Dollars and No Cents)
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 Scope of Work 7
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C Homeless Coordinating and Financing Council Terms and Conditions 9
Exhibit D Special Terms and Conditions 2
Exhibit E General Terms and Conditions 1
Items shown with on asterisk("),are heieby incorporated by reference and made part of this agreement as if attached ereto.
I hese documents can be viewed at/ittp_s�&ww.das.cajcov/OCS 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(CA-514 Fresno Madera CoQ
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
PO Box 24055 Fresno CA 93779
PRINTED NAME OF PERSON SIGNING TITLE
Steve Brandau Chairman,County of Fresno Board of Supervisors
CONTRACTOR AUTHORIZ I N URE DATE SIGNED
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
Count f Fresno Ptate of alifornia
By'
bepu y
Paqe 1 of 2
Exhibit E-1
SCO ID: Page 2 of 25
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable)
STD 213(Rev.04/2020) 21-HHAP-00064 010725
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Business,Consumer Services and Housing Agency
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
915 Capitol Mall,Suite 350-A Sacramento CA 95814
PRINTED NAME OF PERSON SIGNING TITLE
Lourdes Castro Ramirez Secretary
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
A I Sep 20,2021
Lou res Castro Ramirez(Sep 20,202112:32 PDT)
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable)
Page 2of2
Exhibit E-1
Page 3 of 25
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 1 of 23
Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2)
Standard Agreement
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
1) Authority
The State of California has established the Homeless Housing, Assistance, and
Prevention Program Round 2 ("HHAP-2" or "Program") pursuant to Chapter 6
(commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety
Code. (Added by Stats.2020, c. 15 (A.B. 83), § 7, eff. June 29, 2020.)
The Program is administered by the California Homeless Coordinating and
Financing Council ("HCFC") in the Business, Consumer Services and Housing
Agency ("Agency"). HHAP-2 provides one-time flexible block grant funds
to Continuums of Care, large cities (population of 300,000+) and counties as defined
in the November 13, 2020 HHAP-2 Notice of Funding Availability ("NOFA") to build
on the regional coordination created through previous HCFC grant funding and
support local jurisdictions in their unified regional responses to reduce and end
homelessness.
This Standard Agreement along with all its exhibits ("Agreement") is entered into by
the Agency and a Continuum of Care, a city, or a county ("Grantee") under the
authority of, and in furtherance of the purpose of, the Program. In signing this
Agreement and thereby accepting this award of funds, the Grantee agrees to comply
with the terms and conditions of the Agreement, the NOFA under which
the Grantee applied, the representations contained in the Grantee's application, and
the requirements of the authority cited above.
2) Purpose
The general purpose of the Program is to continue to build on regional coordination
developed through previous rounds of funding of the Homelessness Emergency Aid
Program (Chapter 5 (commencing with Section 50210)), the program established
under this chapter, and COVID-19 funding to reduce homelessness. This funding
shall:
a) Continue to build regional collaboration between continuums of care, counties,
and cities in a given region, regardless of population, and ultimately be used to
develop a unified regional response to homelessness.
b) Be paired strategically with other local, state, and federal funds provided to
address homelessness in order to achieve maximum impact. Grantees of this
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Exhibit E-1
Page 4 of 25
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 2 of 23
funding are encouraged to reference the Guide to Strategic Uses of Key State
and Federal Funds to Reduce Homelessness Durinq the COVID-19 Pandernic
c) Be deployed with the goal of reducing the number of homeless individuals in a
given region through investing in long-term solutions, such as permanent
housing, and that the state be an integral partner through the provision of
technical assistance, sharing of best practices, and implementing an
accountability framework to guide the structure of current and future state
investments.
In accordance with the authority cited above, an application was created and
submitted by the Grantee for HHAP-2 funds to be allocated for eligible uses as
stated in Health and Safety Code section 50220.5, subdivision (d)(1) — (8).
3) Definitions
The following HHAP-2 program terms are defined in accordance with Health
and Safety Code section 50216, subdivisions (a) — (q):
(a) "Agency" means the Business, Consumer Services, and Housing Agency.
(b) "Applicant" means a Continuum of Care, city, or county.
(c) "City" means a city or city and county that is legally incorporated to provide local
government services to its population. A city can be organized either under the
general laws of this state or under a charter adopted by the local voters.
(d) "Continuum of Care" means the same as defined by the United States
Department of Housing and Urban Development at Section 578.3 of Title 24 of the
Code of Federal Regulations.
(e) "Coordinated Entry System" means a centralized or coordinated process
developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations,
as that section read on January 10, 2019, designed to coordinate homelessness
program participant intake, assessment, and provision of referrals. In order to satisfy
this subdivision, a centralized or coordinated assessment system shall cover the
geographic area, be easily accessed by individuals and families seeking housing or
services, be well advertised, and include a comprehensive and standardized
assessment tool.
(f) "Council" means the Homeless Coordinating and Financing Council created
pursuant to Section 8257 of the Welfare and Institutions Code.
(g) "Emergency shelter" has the same meaning as defined in subdivision (e) of
Section 50801.
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Exhibit E-1
Page 5 of 25
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 3 of 23
(h) "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the
Code of Federal Regulations, as that section read on January 10, 2019.
(i) "Homeless Management Information System" means the information system
designated by a Continuum of Care to comply with federal reporting requirements as
defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term
"Homeless Management Information System" also includes the use of a comparable
database by a victim services provider or legal services provider that is permitted by
the federal government under Part 576 of Title 24 of the Code of Federal
Regulations.
Q) "Homeless point-in-time count' means the 2019 homeless point-in-time count
pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations. A
jurisdiction may elect to instead use their 2017 point-in-time count if they can
demonstrate that a significant methodology change occurred between the 2017 and
2019 point-in-time counts that was based on an attempt to more closely align the
count with HUD best practices and undertaken in consultation with HUD
representatives. A jurisdiction shall submit documentation of this to the agency by
the date by 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.
(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.
2
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Exhibit E-1
Page 6 of 25
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 4 of 23
(1) "Round 1" of the program means the funding allocated under the program
with moneys appropriated during the fiscal year beginning on July 1, 2019.
(2) "Round 2" of the program means the funding allocated under the program
with moneys appropriated during the fiscal year beginning on July 1, 2020.
(p) "Program allocation" means the portion of program funds available to expand or
develop local capacity to address immediate homelessness challenges.
(q) "Recipient" means a jurisdiction that receives funds from the agency for the
purposes of the program.
Additional definitions for the purposes of the HHAP-2 program:
"Obligate" means that the Grantee has placed orders, awarded contracts, received
services, or entered into similar transactions that require payment using HHAP-2
funding. Grantees, and the subrecipients who receive awards
from those Grantees, must obligate the funds by the statutory deadlines set forth in
this Exhibit A.
"Expended" means all HHAP-2 funds obligated under contract or subcontract have
been fully paid and receipted, and no invoices remain outstanding. In the case of an
award made through subcontracting, subcontractors are required to expend the
funds by the same statutory deadlines.
4) Scope of Work
The Scope of Work ("Work") for this Agreement shall include uses that
are consistent with Health and Safety Code section 50220.5, subdivision (d)-ft and
any other applicable laws. The grantee shall expend funds on evidence-based
solutions that address and prevent homelessness among eligible populations
including any of the following:
a) Rapid rehousing, including rental subsidies and incentives to landlords, such as
security deposits and holding fees.
b) Operating subsidies in new and existing affordable or supportive housing units.
emergency shelters, and navigation centers. Operating subsidies may include
operating reserves.
c) Street outreach to assist persons experiencing homelessness to access
permanent housing and services.
6
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Exhibit E-1
Page 7 of 25
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 5 of 23
d) Services coordination, which may include access to workforce, education, and
training programs, or other services needed to promote housing stability in
supportive housing.
e) Systems support for activities necessary to create regional partnerships and
maintain a homeless services and housing delivery system, particularly for
vulnerable populations including families and homeless youth.
Delivery of permanent housing and innovative housing solutions, such as hotel
and motel conversions.
g) Prevention and shelter diversion to permanent housing, including rental
subsidies.
h) New navigation centers and emergency shelters based on demonstrated need.
Demonstrated need for purposes of this paragraph shall be based on the
following:
(i) The number of available shelter beds in the city, county, or region served by a
Continuum of Care.
(ii) The number of people experiencing unsheltered homelessness in the
homeless point-in-time count.
(iii) Shelter vacancy rate in the summer and winter months.
(iv) Percentage of exits from emergency shelters to permanent housing solutions.
(v) A plan to connect residents to permanent housing.
5) Agency Contract Coordinator
The Agency's Contract Coordinator for this Agreement is the Council's HHAP Grant
Manager or the Grant Manager's designee. Unless otherwise instructed, any notice,
report, or other communication 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:
I
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Exhibit E-1
Page 8 of 25
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 6 of 23
PROGRAM GRANTEE
ENTITY: Business Consumer Services and Continuum of Care for CA-514
Housing Agency Fresno Madera
SECTION/UNIT: Homeless Coordinating and
Financing Council (HCFC)
ADDRESS: 915 Capitol Mall Suite 350-A 205 W Pontiac Way
Sacramento, CA, 95814 Clovis, CA 93612
CONTRACT MANAGER Victor Duron Laura Moreno
PHONE NUMBER: (916) 510-9442 (559) 600-2335
EMAIL ADDRESS: Victor.Duron@bcsh.ca.gov Ihaga@fresnocountyca.gov
All requests to update the Grantee information listed within this Agreement shall be
emailed to the Homeless Coordinating and Financing Council's general email box
at hhap(u_)bcsh.ca.gov. The Council reserves the right to change their representative
and/or contact information at any time with notice to the Grantee.
ti 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.
1)) Contractual Obligation:
i) Grantees that are counties must contractually obligate 100 percent of their
full program allocations on or before May 31, 2023.
ii) Grantees that are cities or continuums of care must contractually obligate no
less than 50 percent of program allocations on or before May 31, 2023.
iii) Counties that contractually obligate less than 100 percent of program
allocations after May 31, 2023 will have their unallocated funds reverted to
the CoC that serves the county. Specific to Los Angeles County, funds that
are not contractually obligated by this date shall be divided proportionately
using the HHAP funding allocation formula among the four CoC's that serve
Los Angeles County: City of Glendale CoC, City of Pasadena CoC, the City
of Long Beach CoC, and the Los Angeles Flomeless Services Authority
S
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Exhibit E-1
Page 9 of 25
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 7 of 23
Cities or Continuums of Care that, after May 31, 2023, have contractually
obligated less than 50 percent of program allocations must submit and have
approved by the Council an alternative disbursement plan as required
under (Health & Safety Code, § 50220.5, subdivision (k)(2)).
c) Full Expenditure of HHAP-2 Grant Funds
i) All HHAP-2 grant funds (100 percent) must be expended by June 30, 2026.
Any funds not expended by that date shall revert to the General Fund (Health
& Safety Code, § 50220.5, subdivision (o)).
7) Special Conditions
Agency reserves the right to add any special conditions to this Agreement it deems
necessary to ensure that the goals of the Program are achieved.
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Exhibit E-1
Page 10 of 25
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 8 of 23
Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2)
Standard Agreement
EXHIBIT B
BUDGET DETAIL and DISBURSEMENT PROVISIONS
1) Budget Detail & Changes
The Grantee agrees that HHAP-2 funds shall be expended on uses that support
regional coordination and expand or develop local capacity to address immediate
homelessness challenges. Such activities must be informed by a best-practices
framework focused on moving people experiencing homelessness into permanent
housing and supporting the efforts of those individuals and families to maintain their
permanent housing.
The Grantee shall expend HHAP-2 funds on eligible activities as detailed in
the expenditure plan and funding plan submitted with the Grantee's approved
application. The Grantee shall submit an updated funding plan with
the annual report that revises and reports all actual and projected expenditures of
HHAP-2 funds.
a) Budget Changes
i) Changes may be made to the timing (e.g., fiscal year) of eligible use
expenditures without prior approval by the Agency so long as the total
expenditures (actual and projected) for each eligible use category remain the
same as described in the expenditure plan approved with
the Grantee's application.
ii) Any decrease or increase to the total expenditures for
any eligible use category must otherwise be approved by the Council's
HHAP-2 Grant Manager or his/her designee, in writing, before
the Grantee may expend HHAP-2 funds according to an alternative
expenditure plan. The HHAP-2 Grant Manager will respond to Grantee with
approval or denial of request. Failure to obtain written approval from the Grant
Manager or his/her designee as required by this section may be considered a
breach of this Agreement. A breach of this agreement may result in remedies
listed within Exhibit C of this agreement.
2) General Conditions Prior to Disbursement
All Grantees must submit the following forms prior to HHAP-2 funds being released:
• Request for Funds Form ("RFF")
• STD 213 Standard Agreement - Two original copies of the signed STD 213
form and initialed Exhibits A through D
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Exhibit E-1
Page 11 of 25
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 9 of 23
• STD 204 Payee Data Record or Government Agency Taxpayer ID Form
3) Disbursement of Funds
HHAP-2 funds will be disbursed to the Grantee upon receipt, 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).
The RFF must include the proposed eligible uses and the amount of funds proposed
for expenditure under each eligible use. HHAP-2 funds will be disbursed in a
single allocation via mailed check once the RFF has been received by the
SCO. Checks will be mailed to the address and contact name listed on the RFF.
4) Expenditure of Funds
Specific requirements and deadlines for contractually obligating and expending
awarded funds are set forth in the Homeless Housing, Assistance, and Prevention
Program statutes. Health and Safety Code sections 50218.5 and 50220.5 mandate
the following.-
a) Up to 5 percent of an applicant's HHAP-2 program allocation may be expended
for the following uses that are intended to meet federal requirements for housing
funding:
i) Strategic homelessness plan, as defined in Section 578.7(c) of Title 24 of the
Code of Federal Regulations.
ii) Infrastructure development to support coordinated entry systems and
Homeless Management Information Systems.
b) The applicant shall not use more than 7 percent of a HHAP-2 program allocation
for administrative costs incurred by the city, county, or Continuum of Care to
administer its program allocation. For purposes of this subdivision,
"administrative costs" does not include staff or other costs directly related to
implementing activities funded by the program allocation.
c) A program recipient shall use at least 8 percent of the funds allocated under this
section for services for homeless youth populations.
d) Recipients of HHAP-2 funds shall comply with Housing First as provided in
Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and
Institutions Code.
e) Grantees that are cities or continuums of care shall contractually obligate no less
than 50 percent of HHAP-2 funds by May 31, 2023. If less than 50 percent is
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CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 10 of 23
obligated after May 31, 2023, continuums of care and cities shall not expend any
remaining portion of the 50 percent of program allocations required to have been
obligated unless and until both of the following occur:
i) On or before June 30, 2023, the Grantee submits an alternative disbursement
plan to HCFC that includes an explanation for the delay and a plan
to fully expend these funds by December 31, 2023.
ii) HCFC approves the alternative disbursement plan or provides the Grantee
with guidance on the revisions needed in order to approve the alternative
disbursement plan.
iii) If the funds identified in the approved alternative disbursement plan are
not fully expended by December 31, 2023, the funds shall be returned to the
HCFC for a subsequent round of awards by HCFC.
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-2 funding allocation formula among the four CoC's that serve Los
Angeles County: City of Glendale CoC, City of Pasadena CoC, the City of Long
Beach CoC, and the Los Angeles Homeless Services Authority.
Counties not obligating their full program allocation by May 31, 2023 are required
to notify HCFC, on or before that date, of the narne of the CoC(s) in which the
county is served, and the amount of program funds that will be reverted to
the CoC(s). By June 30, 2023, the county shall provide HCFC with evidence that
the funds were transferred and submit an updated budget that clearly identifies
the funds that were transferred.
g) HHAP-2 funds shall be expended by June 30, 2026
h) In accordance with Health and Safety Code section 50220.5, subdivision (1),
HCFC retains the right to require a corrective action plan of grantees that are not
on track to fully expend funds by the statutorily required deadline.
i) Any funds not expended by June 30, 2026 shall revert to the General Fund.
5) Ineligible Costs
HHAP-2 funds shall not be used for costs associated with activities in violation of
any law or for any activities not consistent with the intent of the Program and
the eligible uses identified in Health and Safety Code section 50220.5.
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HCFC reserves the right to request additional clarifying information to determine the
reasonableness and eligibility of all uses of the funds made available by this
Agreement. If the Grantee or its funded subrecipients use HHAP-2 funds to pay
for ineligible activities, the Grantee shall be required to reimburse these funds
to Agency.
An expenditure which is not authorized by this Agreement, or by written approval of
the Grant Manager or his/her designee, or which cannot be adequately documented,
shall be disallowed and must be reimbursed to Agency by the Grantee.
HCFC, at its sole and absolute discretion, shall make the final determination
regarding the allowability of HHAP-2 fund expenditures.
Program funds shall not be used to supplant existing local funds for homeless
housing, assistance, or prevention.
Reimbursements are not permitted in HHAP-2 for any expenditures prior to the date
of execution of this Agreement.
S�
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Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2)
Standard Agreement
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1) Termination and Sufficiency of Funds
a) Termination of Agreement
Agency may terminate this Agreement at any time for cause by giving a minimum
of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist
of violations of any conditions of this Agreement, any breach of contract as
described in paragraph 6 of this Exhibit C; violation of any federal or state laws..
or withdrawal of Agency's expenditure authority. Upon termination of this
Agreement, unless otherwise approved in writing by Agency, any unexpended
funds received by the Grantee shall be returned to Agency within 30 days
of Agency's notice of termination.
b) Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made
available to Agency by legislative appropriation. In addition, this Agreement is
subject to any additional restrictions, limitations or conditions, or statutes,
regulations or any other laws, whether federal or those of the State of California,
or of any agency, department, or any political subdivision of the federal or State
of California governments, which may affect the provisions, terms or funding of
this Agreement in any manner.
2) Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other
means, the rights, duties, or performance of this Agreement or any part thereof,
except as allowed within Exhibit C Section 12 (Special Conditions —
Grantees/SubGrantee) or with the prior written approval of HCFC and a formal
amendment to this Agreement to affect such subcontract or novation.
3) Grantee's Application for Funds
Grantee has submitted to HCFC an application for HHAP-2 funds to support regional
coordination and expand or develop local capacity to address its immediate
homelessness challenges. Agency is entering into this Agreement on the basis of
Grantee's facts, information, assertions and representations contained in
that application. Any subsequent modifications to the original funding plans
submitted within the original application must be requested through the formal HHAP
Change Request Process and are subject to approval by HCFC.
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Grantee warrants that all information, facts, assertions and representations
contained in the application and approved modifications and additions thereto are
true, correct, and complete to the best of Grantee's knowledge. In the event that any
part of the application and any approved modification and addition thereto is untrue,
incorrect, incomplete, or misleading in such a manner that would substantially affect
HCFC approval, disbursement, or monitoring of the funding and the grants or
activities governed by this Agreement, then Agency may declare a breach of this
Agreement and take such action or pursue such remedies as are legally available.
4) Reporting/Audits
a) Annual Reports
By January 1 , 2022, and annually on that date thereafter until all funds have
been expended, the Grantee shall submit an annual report to HCFC in a
format provided by HCFC. Annual Reports will include a request for data on
expenditures and people served with HHAP-2 funding in addition to details on
specific projects selected for the use of HHAP-2 funding. If the Grantee fails to
provide such documentation, HCFC may recapture any portion of the amount
authorized by this Agreement with a 14-day written notification. No later than
January 1, 2027, the Grantee shall submit a final report, in a format provided
by HCFC, as well as a detailed explanation of all uses of the Program funds.
b) Expenditure Reports
In addition to the annual reports, HCFC requires the Grantee to submit quarterly
expenditure reports due no later than 30 days following the end of each fiscal
quarter. Grantee shall submit a report to HCFC on a form and method provided
by HCFC that includes the ongoing tracking of the specific uses and expenditures
of any program funds broken out by eligible uses listed, including the current
status of those funds, as well as any additional information HCFC deems
appropriate or necessary. If the Grantee fails to provide such documentation,
HCFC may recapture any portion of the amount authorized by this Agreement
with a 14-day written notification.
c) Reporting Requirements
i) Annual Report: The annual report shall contain detailed information in
accordance with Health and Safety Code section 50222, subdivision (a).
This information includes the following, as well as any additional information
deenned appropriate or necessary by HCFC:
(1) Data collection shall include, but not be limited to, information regarding
individuals and families served, including demographic information,
information regarding partnerships among entities or lack thereof, and
participant and regional outcomes.
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(2) The performance monitoring and accountability framework shall include
clear metrics, which may include, but are not limited to, the following:
(a) The number of individual exits to permanent housing, as defined by the
United States Department of Housing and Urban Development, from
unsheltered environments and interim housing resulting from this
funding.
(b) Racial equity, as defined by the council in consultation with
representatives of state and local agencies, service providers, the
Legislature, and other stakeholders.
(c) Any other metrics deemed appropriate by the council and developed in
coordination with representatives of state and local agencies.
advocates, service providers, and the Legislature.
(3) Data collection and reporting requirements shall support the efficient and
effective administration of the program and enable the monitoring of
jurisdiction performance and program outcomes.
ii) Expenditure Report: The expenditure report shall contain data on
expenditures of HHAP-2 funding including but not limited to obligated funds,
expended funds, interest accrued, and other funds derived from HHAP-2
funding.
iii) Final Expenditure Plan: During the final fiscal year of reporting, grantees may
be required to include a plan to fully expend HHAP-2 grant funding. This plan
must be submitted with the quarterly expenditure report in a format to be
provided by HCFC.
iv) HCFC may require additional supplemental reporting with written notice to the
Grantee.
v) Grantee may, at their discretion, fully expend their HHAP-2 allocation prior to
the end date of the grant term and will not be required to submit quarterly
fiscal reports after the quarter in which their allocation was fully expended.
d) Auditing
Agency reserves the right to perform or cause to be performed a financial audit.
At Agency request, the Grantee shall provide, at its own expense, a financial
audit prepared by a certified public accountant. HHAP-2 administrative funds may
be used to fund this expense. Should an audit be required, the Grantee shall
adhere to the following conditions:
i) The audit shall be performed by an independent certified public accountant.
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ii) The Grantee shall notify Agency of the auditor's name and address
immediately after the selection has been made. The contract for the audit
shall allow access by Agency to the independent auditor's working papers.
iii) The Grantee is responsible for the completion of audits and all costs of
preparing audits.
iv) If there are audit findings, the Grantee must submit a detailed response
acceptable to Agency for each audit finding within 90 days from the date of
the audit finding report.
5) Inspection and Retention of Records
a) Record Inspection
HCFC or its designee shall have the right to review, obtain, and copy all records
and supporting documentation pertaining to performance under this Agreement.
The Grantee agrees to provide HCFC, or its designee, with any relevant
information requested. The Grantee agrees to give HCFC or its designee access
to its premises, upon reasonable notice and during normal business hours, for
the purpose of interviewing employees who might reasonably have information
related to such records, and of inspecting and copying such books, records,
accounts, and other materials that may be relevant to
an investigation of compliance with the Homeless Housing, Assistance, and
Prevention Program laws, the HHAP-2 program guidance document published
on the website, and this Agreement.
In accordance with Health and Safety Code section 50220.5, subdivision (1), if
Upon inspection of records HCFC identifies noncompliance with grant
requirements HCFC retains the right to impose a corrective action plan on the
Grantee.
b) Record Retention
The Grantee further agrees to retain all records described in subparagraph A for
a minimum period of five (5) years after the termination of this Agreement.
If any litigation, claim, negotiation, audit, monitoring, inspection or other action
has been commenced before the expiration of the required record retention
period, all records must be retained until completion of the action and resolution
of all issues which arise from it.
6) Breach and Remedies
a) Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
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i) Grantee's failure to comply with the terms or conditions of this Agreement.
ii) Use of, or permitting the use of, HHAP-2 funds provided under this
Agreement for any ineligible activities.
iii) Any failure to comply with the deadlines set forth in this Agreement.
b) Remedies for Breach of Agreement
In addition to any other remedies that may be available to Agency in law or equity
for breach of this Agreement, Agency may:
i) Bar the Grantee from applying for future HHAP funds;
ii) Revoke any other existing HHAP-2 award(s) to the Grantee;
iii) Require the return of any unexpended HHAP-2 funds disbursed under this
Agreement;
iv) Require repayment of HHAP-2 funds disbursed and expended under this
Agreement,
v) Require the immediate return to Agency of all funds derived from the use of
HHAP-2 funds
vi) Seek, in a court of competent jurisdiction, an order for specific performance of
the defaulted obligation or participation in the technical assistance in
accordance with HHAP-2 requirements.
c) All remedies available to Agency are cumulative and not exclusive.
d) Agency may give written notice to the Grantee to cure the breach or
violation within a period of not less than 15 days.
7) Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior
or subsequent breach. The failure of Agency to enforce at any time the provisions of
this Agreement, or to require at any time, performance by the Grantee of these
provisions, shall in no way be construed to be a waiver of such provisions nor to
affect the validity of this Agreement or the right of Agency to enforce
these provisions.
8) Nondiscrimination
During the performance of this Agreement, Grantee and its subrecipients shall not
unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex (gender), sexual orientation, gender
identity, gender expression, race, color, ancestry, religion, creed, national origin
(including language use restriction), pregnancy, physical disability (including HIV and
AIDS), mental disability, medical condition (cancer/genetic characteristics), age
J3
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(over 40), genetic information, marital status, military and veteran status, and denial
of medical and family care leave or pregnancy disability leave. Grantees and Sub
grantees shall ensure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment.
Grantee and its subrecipients shall comply with the provisions of California's laws
against discriminatory practices relating to specific groups: the California Fair
Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations
promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the
provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government
Code (Gov. Code, §§ 11135 - 11139.5). Grantee and its subrecipients shall give
written notice of their obligations under this clause to labor organizations with which
they have a collective bargaining or other agreement.
9) Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. For
instance, Health and Safety Code section 50220.5, subdivision (i) states, " For
purposes of Section 1090 of the Government Code, a representative of a county
serving on a board, committee, or body with the primary purpose of administering
funds or making funding recommendations for applications pursuant to this chapter
shall have no financial interest in any contract, program, or project voted on by the
board, committee, or body on the basis of the receipt of compensation for holding
public office or public employment as a representative of the county."
Failure to comply with these laws, including business and financial disclosure
provisions, will result in the application being rejected and any subsequent contract
being declared void. Other legal action may also be taken. Additional applicable
statutes include, but are not limited to, Government Code section 1090 and Public
Contract Code sections 10410 and 10411.
a) Current State Employees: No State officer or employee shall engage in any
employment, activity, or enterprise from which the officer or employee receives
compensation or has a financial interest, and which is sponsored or funded by
any State agency, unless the employment, activity, or enterprise is required as a
condition of regular State employment. No State officer or employee shall
contract on his or her own behalf as an independent Grantee with any State
agency to provide goods or services.
t)) 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
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general subject area as the proposed contract within the twelve-month period
prior to his or her leaving State service.
c) Employees of the Grantee: Employees of the Grantee shall comply with all
applicable provisions of law pertaining to conflicts of interest, including but not
limited to any applicable conflict of interest provisions of the a Political Reform
Act of 1974 (Gov. Code, § 81000 et seq.).
d) Representatives of a County: A representative of a county serving on a board,
committee, or body with the primary purpose of administering funds or making
funding recommendations for applications pursuant to this chapter shall have no
financial interest in any contract, program, or project voted on by the board,
committee, or body on the basis of the receipt of compensation for holding public
office or public employment as a representative of the county.
10)Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies,
under penalty of perjury under the laws of State of California, that it and its
subrecipients will comply with the requirements of the Drug-Free Workplace Act of
1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by
taking the following actions:
Publish a statement notifying employees and subrecipients that unlawful
manufacture distribution, dispensation, possession, or use of a controlled substance
is prohibited and specifying actions to be taken against employees, Grantees, or
subrecipients for violations, as required by Government Code section 8355,
subdivision (a)(1).
a) Establish a Drug-Free Awareness Program, as required by Government Code
section 8355, subdivision (a)(2) to inform employees, Grantees, or
subrecipients about all of the following:
i) The dangers of drug abuse in the workplace;
ii) Grantee's policy of maintaining a drug-free workplace;
iii) Any available counseling, rehabilitation, and employee assistance program,
and
iv) Penalties that may be imposed upon employees, Grantees, and
subrecipients for drug abuse violations.
b) Provide, as required by Government Code section 8355, subdivision (a)(3), that
every employee and/or subrecipient that works under this Agreement:
i) Will receive a copy of Grantee's drug-free policy statement, and
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ii) Will agree to abide by terms of Grantee's condition of employment or
subcontract.
11)Child Support Compliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in
accordance with Public Contract Code 7110, that:
a) The Grantee recognizes the importance of child and family support obligations
and shall fully comply with all applicable state and federal laws relating to child
and family support enforcement, including, but not limited to, disclosure of
information and compliance with earnings assignment orders, as provided in
Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family
Code-, and
b) The Grantee, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
12)Special Conditions — Grantees/Subgrantee
The Grantee agrees to comply with all conditions of this Agreement including
the Special Conditions set forth in Exhibit D. These conditions shall be met to the
satisfaction of Agency prior to disbursement of funds. The Grantee shall ensure that
all Subgrantees are made aware of and agree to comply with all the conditions of this
Agreement and the applicable State requirements governing the use of HHAP-2
funds. Failure to comply with these conditions may result in termination of this
Agreement.
a) The Agreement between the Grantee and any Subgrantee shall require
the Grantee and its Subgrantees, if any, to:
i) Perform the work in accordance with Federal, State and Local housing and
building codes, as applicable.
ii) Maintain at least the minimum State-required worker's compensation for
those employees who will perform the work or any part of it.
iii) Maintain, as required by law, unemployment insurance, disability insurance,
and liability insurance in an amount that is reasonable to compensate any
person, firm or corporation who may be injured or damaged by the Grantee or
any Subgrantee in performing the Work or any part of it.
iv) Agree to include all the terms of this Agreement in each subcontract.
13)Compliance with State and Federal Laws, Rules Guidelines and Regulations
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The Grantee agrees to comply with all state and federal laws, rules and regulations
that pertain to construction, health and safety, labor, fair employment practices,
environmental protection, equal opportunity, fair housing, and all other matters
applicable and/or related to the HHAP-2 program, the Grantee, its subrecipients, and
all eligible activities.
Grantee shall also be responsible for obtaining any and all permits, licenses, and
approvals required for performing any activities under this Agreement, including
those necessary to perform design, construction, or operation and maintenance of
the activities. Grantee shall be responsible for observing and complying with any
applicable federal, state, and local laws, rules or regulations affecting any such work,
specifically those including, but not limited to, environmental protection,
procurement, and safety laws, rules, regulations, and ordinances. Grantee shall
provide copies of permits and approvals to HCFC upon request.
14)Inspections
a) Grantee shall inspect any work performed hereunder to ensure that the work is
being and has been performed in accordance with the applicable federal, state
and/or local requirements, and this Agreement.
b) HCFC reserves the right to inspect any work performed hereunder to ensure that
the work is being and has been performed in accordance with the
applicable federal, state and/or local requirements, and this Agreement.
c) Grantee agrees to require that all work that is determined based on such
inspections not to conform to the applicable requirements be corrected and to
withhold payments to the subrecipient until it is corrected.
15)Litigation
a) If any provision of this Agreement, or an underlying obligation, is held invalid by a
court of competent jurisdiction, such invalidity, at the sole discretion
of Agency, shall not affect any other provisions of this Agreement and the
remainder of this Agreement shall remain in full force and effect. Therefore, the
provisions of this Agreement are and shall be deemed severable.
b) The Grantee shall notify HCFC immediately of any claim or action undertaken by
or against it, which affects or may affect this Agreement or Agency, and shall take
such action with respect to the claim or action as is consistent with the terms of
this Agreement and the interests of Agency.
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Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2)
Standard Agreement
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1) All proceeds from any interest-bearing account established by the Grantee for the
deposit of HHAP-2 funds, along with any interest-bearing accounts opened
by subrecipients to the Grantee for the deposit of HHAP-2 funds, must be used for
HHAP-2-eligible activities and reported on as required by Agency.
2) Per Health and Safety Code Section 50220.5 (g), any housing-related activities
funded with HHAP-2 funds, including but not limited to emergency shelter, rapid-
rehousing, rental assistance, transitional housing and permanent supportive
housing, must be in compliance or otherwise aligned with the core components of
Housing First, as described in Welfare and Institutions Code section 8255,
subdivision (b). Individuals and families assisted with these funds must not be
required to receive treatment or perform any other prerequisite activities as a
condition for receiving shelter, housing, or other services for which these funds are
used. In addition, HHAP-2 funding shall be used to adopt a Housing First approach
within the entire local homelessness response system, including outreach and
emergency shelter, short-term interventions like rapid re-housing, and longer-term
interventions like supportive housing.
3) Grantee shall utilize its local Homeless Management Information System (HMIS) to
track HHAP-2-funded projects, services, and clients served. Grantee will ensure that
HMIS data are collected in accordance with applicable laws and in such a way as to
identify individual projects, services, and clients that are supported by HHAP-2
funding (e.g., by creating appropriate HHAP-2-specific funding sources and project
codes in HMIS).
4) Grantee shall participate in and provide data elements, including, but not limited to,
health information, in a manner consistent with federal law, to the statewide
Homeless Management Information System (known as the Homeless Data
Integration System or "HDIS"), in accordance with their existing Data Use
Agreement entered into with the Council, if any, and as required by Health and
Safety Code section 50220.6. Any health information provided to, or maintained
within, the statewide Homeless Management Information System shall not be
subject to public inspection or disclosure under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code). For purposes of this paragraph, "health information" means
"protected health information," as defined in Part 160.103 of Title 45 of the Code of
Federal Regulations, and "medical information," as defined in subdivision 0) of
Section 56.05 of the Civil Code. The Council may, as required by operational
S
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necessity, amend or modify required data elements, disclosure formats, or
disclosure frequency.
5) Grantee shall include in their annual report and upon request from HCFC an update
on progress towards meeting goals provided within Section 4: HHAP Round 2 Goals
of the HHAP-2 application. Grantees will report on these goals in a manner and
format provided to Grantee by HCFC.
6) Grantee agrees to accept technical assistance as directed by HCFC or by a
contracted technical assistance provider acting on behalf of HCFC and report to
HCFC on programmatic changes the grantee will make as a result of the technical
assistance and in support of their grant goals.
7) Grantee agrees to demonstrate a commitment to racial equity and, per Section
50222 (a)(2)(B), the grantee shall use data provided through HDIS to analyze racial
disproportionality in homeless populations and, in partnership with HCFC, establish
clear metrics and performance monitoring for achieving equity in provision of
services and outcomes for Black, Native, and Indigenous, Latinx, Asian, Pacific
Islanders and other People of Color who are disproportionately impacted by
homelessness and COVID-19
8) Grantee should establish a mechanism for people with lived experience of
homelessness to have meaningful and purposeful opportunities to inform and shape
all levels of planning and implementation, including through opportunities to hire
people with lived experience.
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Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2)
Standard Agreement
EXHIBIT E
STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS
This exhibit is incorporated by reference and made part of this agreement. The General
Terms and Conditions (GTC 04/2017) can be viewed at the following link:
litt!)s://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-
[- tJALapril2017.pdf%la=en&hash=3A64979F777D5B9D35309433EE81969FD69052D2
In the interpretation of this Agreement, any inconsistencies between the State of
California General Terms and Conditions (GTC - 04/2017) and the terms of this
Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and
its exhibits/attachments.
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Exhibit G
Page 1 of 1
THIRTY PERCENT INCOME LIMITS PAGE 10
STATE:CALIFORNIA -------------------30% L O W I N C O M E L I M I T S---------------------------
MEDIAN 1 PERSON 2 PERSON 3 PERSON 4 PERSON 5 PERSON 6 PERSON 7 PERSON 8 PERSON
Bakersfield, CA MSA 59700 14650 16750 18850 20900 22600 24250 25950 27600
Chico, CA MSA 68400 14650 16750 18850 20900 22600 24250 25950 27600
E1 Centro, CA MSA 56200 14650 16750 18850 20900 22600 24250 25950 27600
Fresno, CA MSA 62800 14650 16750 18850 20900 22600 24250 25950 27600
Hanford-Corcoran, CA MSA 65800 14650 16750 18850 20900 22600 24250 25950 27600
Los Angeles-Long Beach-Anaheim, CA MSA
Los Angeles-Long Beach-Glendale,80000 24850 28400 31950 35450 38300 41150 44000 46800
Santa Ana-Anaheim-Irvine, CA HMF106700 28250 32300 36350 40350 43600 46850 50050 53300
Madera, CA MSA 62900 14650 16750 18850 20900 22600 24250 25950 27600
Merced, CA MSA 66400 14650 16750 18850 20900 22600 24250 25950 27600
Modesto, CA MSA 68900 15000 17150 19300 21400 23150 24850 26550 28250
Napa, CA MSA 101500 23900 27300 30700 34100 36850 39600 42300 45050
Oxnard-Thousand Oaks-Ventura, CA 98800 23600 26950 30300 33650 36350 39050 41750 44450
Redding, CA MSA 69500 14950 17050 19200 21300 23050 24750 26450 28150
Riverside-San Bernardino-Ontario 77500 16600 19000 21350 23700 25600 27500 29400 31300
Sacramento-Roseville-Arden-Arcade, CA MS
Sacramento--Roseville--Arden-Arc91100 19050 21800 24500 27200 29400 31600 33750 35950
Yolo, CA HMFA 88600 18650 21300 23950 26600 28750 30900 33000 35150
Salinas, CA MSA 80900 21350 24400 27450 30500 32950 35400 37850 40300
San Diego-Carlsbad, CA MSA 95100 25450 29100 32750 36350 39300 42200 45100 48000
San Francisco-Oakland-Hayward, CA MSA
Oakland-Fremont, CA HMFA 125600 28800 32900 37000 41100 44400 47700 51000 54300
San Francisco, CA HMFA 149600 38400 43850 49350 54800 59200 63600 68000 72350
San Jose-Sunnyvale-Santa Clara, CA MSA
San Benito County, CA HMFA 90700 20550 23450 26400 29300 31650 34000 36350 38700
San Jose-Sunnyvale-Santa Clara, 151300 34800 39800 44750 49700 53700 57700 61650 65650
San Luis Obispo-Paso Robles-Arro 97800 20550 23500 26450 29350 31700 34050 36400 38750
U.S. Department of Housing and Urban Development. April 2019. ESG Income Limits.
Retrieved from http://www.hudexchange.info/resource/5079/esg-income-limits/