HomeMy WebLinkAboutAgreement A-22-047 with BCSH.pdf SCO ID: Agreement No. 22-047
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable)
STD 213(Rev.04/2020) 22-HHAP-10015 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
10/1/2026
3.The maximum amount of this Agreement is:
$1,682,630.50(One Million Six Hundred Eighty Two Thousand Six Hundred Thirty Dollars and Fifty 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 Authority,Purpose and Scope of Work 8
Exhibit B Budget Detail and Disbursement Provisions 2
Exhibit C Homeless Coordinating and Financing Council General Terms and Conditions 8
Exhibit D Special Terms and Conditions 2
Exhibit E State of California General Terms and Conditions 1
Exhibit F Standard Agreement to Apply 5
Items shown with on asteris (*),are hereby incorporated by reference and made part o t is agreement as if attached hereto.
These documents can be viewed athM2sJ/www.dgs.cagov/OLS/Resources
IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.)
County of Fresno
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
P.O.Box 1912 Fresno CA 93718
PRINTED NAME OF PERSON SIGNING TITLE
Brian Pacheco Chairman,County of Fresno Board of Supervisors
CONTRACTA :ZD SIGNATURE DATE SIGNED
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno, State of California
Deputy
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SCO ID:
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NU MBER(If Applicable)
STD 213(Rev.04/2020) 22-HHAP-10015 I 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
A NCY AUTH IZEDD5 NATURE DATE SIGNED �e
CALIFORfy A DEPART ENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable)
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Fresno County
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Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement
Initial Disbursement Contract for Funds
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
1) Authority
The State of California has established the Homeless Housing, Assistance, and
Prevention Program Round 3 ("HHAP-3" or "Program") pursuant to Chapter 6
(commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety
Code. (Amended by Stats. 2021, Ch. 111, Sec. 4. (AB 140) Effective July 19, 2021.)
The Program is administered by the California Homeless Coordinating and
Financing Council ("HCFC") in the Business, Consumer Services and Housing
Agency ("Agency"). HHAP-3 provides flexible block grant funds
to Continuums of Care, large cities (population of 300,000+) and counties 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/Initial Disbursement Contract for Funds 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 this
Agreement, the Standard Agreement to Apply signed and submitted by the Grantee
(Exhibit F), and the requirements appearing in the statutory authority for the Program
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
funding are encouraged to reference Putting the Funding Pieces Together: Guide
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to Strategic Uses of New and Recent State and Federal Funds to Prevent and
End Homelessness in their planning efforts.
c) Be deployed with the goal of reducing the number of people experiencing
homelessness in a given region through investing in long-term solutions, such as
permanent housing.
d) Include the State as 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, a Standard Agreement to Apply was
submitted by the Grantee for the initial disbursement of HHAP-3 funds to be
allocated to the Grantee pursuant to Health and Safety Code 50220.7(a)(4)(A).
3) Definitions
The following HHAP-3 program terms are defined in accordance with Health
and Safety Code section 50216, subdivisions (a) — (r):
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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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.
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 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.
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.
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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.
3) "Round 3" of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1, 2021.
4) "Round 4" of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1, 2022.
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.
r) "Tribe" or "tribal applicant' means a federally recognized tribal government
pursuant to Section 4103 of Title 25 of the United States Code.
Additional definitions for the purposes of the HHAP-3 program:
"Obligate" means that the Grantee has placed orders, awarded contracts, received
services, or entered into similar transactions that require payment using HHAP-3
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-3 funds obligated under contract or subcontract have
been fully paid and receipted, and no invoices remain outstanding.
4) Scope of Work
The Scope of Work ("Work") for this Agreement shall include uses that
are consistent with Health and Safety Code (HSC) section 50218.6, subdivision (e),
and section 50220.7, subdivisions (a)(4)-(5) & (f), and any other applicable laws.
By accepting these funds, the Grantee acknowledges that this initial disbursement of
funds is a portion of their total allocation under the HHAP-3 Program, to be used
solely for the purposes outlined below, and that in order to receive the remaining
balance of its HHAP-3 program allocation, an applicant shall submit an application to
the council by June 30, 2022, that includes a local homelessness action plan and
specific outcome goals in accordance with the requirements laid out in HSC §
50220.7(b).
The Grantee may expend this initial disbursement of funds to complete the local
homelessness action plan, required by HSC § 50220.7(b)(3)(A), including paying for
any technical assistance or contracted entities to support the completion of the
homelessness action plan.
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For funds not spent on the Grantee's homelessness action plan, priority for these
initial funds shall be for systems improvement, including, but not limited to, all of the
following:
A) Capacity building and workforce development for service providers within the
jurisdiction, including removing barriers to contracting with culturally specific service
providers and building capacity of providers to administer culturally specific services.
B) Funding existing evidence-based programs serving people experiencing
homelessness.
C) Investing in data systems to meet reporting requirements or strengthen the
recipient's Homeless Management Information System.
D) Improving homeless point-in-time counts.
E) Improving coordinated entry systems to eliminate racial bias or to create a youth-
specific coordinated entry system.
For any remaining funds not spent on the Grantee's homelessness action plan or
systems improvement, the Grantee shall expend funds on existing evidence-based
programs serving people experiencing homelessness among eligible populations,
including any of the following eligible uses:
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.
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.
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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.
vi) Any new interim sheltering funded by HHAP-3 funds must be low barrier,
comply with Housing First as provided in Chapter 6.5 (commencing with Section
8255) of Division 8 of the Welfare and Institutions Code, and prioritize
interventions other than congregate shelters.
i) Improvements to existing emergency shelters to lower barriers and increase
privacy.
In addition to the funding use requirements described above, the Grantee's
expenditure of its entire HHAP-3 allocation must also comply with the following:
a) At least 10 percent of the funds shall be spent on services for homeless youth
populations.
b) Not more than 7 percent of funds may be used for administrative costs incurred
by the city, county, or continuum of care to administer its program allocation. For
purposes of this Agreement, "administrative costs" does not include staff or other
costs directly related to implementing activities funded by the program allocation.
5) Agency Contract Coordinator
The Agency's Contract Coordinator for this Agreement is the Council's Grant
Director or the Grant Director'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 Council's Grant Director or the Grant Director's designee.
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The Representatives during the term of this Agreement will be:
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 P.O. Box 1912 Fresno, CA 93718
Sacramento, CA, 95814
CONTRACT Victor Duron Laura Moreno
COORDINATOR
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 HHAP Program's general email box at hhap@bcsh.ca.gov. The
Council reserves the right to change their representative and/or contact information
at any time with notice to the Grantee.
6) Effective Date, Term of Agreement, and Deadlines
a) This Agreement is effective upon approval by the Agency (indicated by the
signature provided by Agency in the lower left section of page one, Standard
Agreement, STD. 213), when signed by all parties.
b) This Agreement shall terminate on October 1, 2026, or upon delivery of the
HHAP-3 final report required by HSC § 50223(b), whichever is sooner.
c) Grantee shall submit an application for the remainder of their HHAP-3 allocation
by June 30, 2022 in compliance with HSC § 50220.7(b).
d) Grantee shall report on the activities funded pursuant this Agreement in the first
expenditure report submitted to the Council after disbursement of the remaining
funds, as required by HSC §§ 50221 and 50223.
e) Grantees that are cities or continuums of care shall contractually obligate no less
than 50 percent of HHAP-3 funds by May 31, 2024. If less than 50 percent is
obligated after May 31, 2024, 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:
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i) On or before June 30, 2024, the Grantee submits an alternative disbursement
plan to HCFC that includes an explanation for the delay.
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, 2024, the funds shall be returned to the
HCFC to be allocated as bonus awards.
f) Grantees that are counties shall contractually obligate the full
allocation (100 percent) awarded to them by May 31 , 2024. 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-3 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, 2024 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, 2024, 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) Grantees that do not meet the expenditure deadlines in HSC § 50220.7(k) shall
not be eligible for bonus funding.
h) HHAP-3 funds shall be expended by June 30, 2026
i) 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.
j) Any funds not expended by June 30, 2026 shall be available for round 4 of the
program pursuant to HSC § 50218.7.
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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Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement
EXHIBIT B
BUDGET DETAIL and DISBURSEMENT PROVISIONS
1) Budget Detail & Changes
The Grantee agrees that HHAP-3 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 this initial disbursement of HHAP-3 funds on eligible
activities as detailed in Health and Safety Code Section 50220.7, subdivisions
(a)(4)(B), (a)(5), (e), and (f).
2) General Conditions Prior to Disbursement
All Grantees must submit the following forms prior to HHAP-3 funds being released:
• Request for Funds Form ("RFF")
• STD 213 Standard Agreement form and initialed Exhibits A through F
• STD 204 Payee Data Record or Government Agency Taxpayer ID Form
3) Disbursement of Funds
HHAP-3 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. This initial disbursement of HHAP-3 funds
will be disbursed in one 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. Grantee agrees that in order to receive the remaining balance of the allocation
awarded to them pursuant HSC § 50218.6(a)(1), Grantee must submit an application
that meets the requirements of HSC § 50220.7(b) and this application must be
approved by HCFC prior to a second disbursement of funds. Additionally, Grantee
will be required to enter into a separate Standard Agreement in order to receive their
remaining allocation.
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4) Expenditure of Funds
This initial disbursement of HHAP-3 funds must be spent in accordance with HSC
sections 50218.6(e) and 50220.7, subdivisions (a)(4)(B), (a)(5), (e), and (f), as
described in Exhibit A, Section 4 "Scope of Work".
5) Ineligible Costs
HHAP-3 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 50220.7, subdivisions
(a)(4)(B), (a)(5), (e), and (f).
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-3 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-3 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-3 for any expenditures prior to the date
of execution of this Agreement.
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Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
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/Sub
Grantee) 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
Pursuant to HSC § 50220.7(a)(1), Grantee is required to submit to HCFC an
application for the remainder of their HHAP-3 allocation to support regional
coordination and expand or develop local capacity to address its immediate
homelessness challenges.
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4) Reporting/Audits
a) Reporting Requirements
i) Activities funded under this Agreement shall be reported on in the first
expenditure report submitted to HCFC following the disbursement of the
remaining funds. 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.
ii) Grantee is also required to comply with the reporting requirements in HSC §
50221 and 50223, as applicable
b) 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-3 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.
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-3 program guidance document published
on the website, and this Agreement.
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In accordance with Health and Safety Code section 50220.7, subdivision (m), 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:
i) Grantee's failure to comply with the terms or conditions of this Agreement.
ii) Use of, or permitting the use of, HHAP-3 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-3 award(s) to the Grantee;
iii) Require the return of any unexpended HHAP-3 funds disbursed under this
Agreement;
iv) Require repayment of HHAP-3 funds disbursed and expended under this
Agreement;
v) Require the immediate return to Agency of all funds derived from the use of
HHAP-3 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-3 requirements.
c) All remedies available to Agency are cumulative and not exclusive.
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d) Agency may give written notice to the Grantee to cure the breach or
violation within a period of not less than 15 days.
7) Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior
or subsequent breach. The failure of Agency to enforce at any time the provisions of
this Agreement, or to require at any time, performance by the Grantee of these
provisions, shall in no way be construed to be a waiver of such provisions nor to
affect the validity of this Agreement or the right of Agency to enforce
these provisions.
8) Nondiscrimination
During the performance of this Agreement, Grantee and its subrecipients shall not
unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex (gender), sexual orientation, gender
identity, gender expression, race, color, ancestry, religion, creed, national origin
(including language use restriction), pregnancy, physical disability (including HIV and
AIDS), mental disability, medical condition (cancer/genetic characteristics), age
(over 40), genetic information, marital status, military and veteran status, and denial
of medical and family care leave or pregnancy disability leave. Grantees and 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
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statutes include, but are not limited to, Government Code section 1090 and Public
Contract Code sections 10410 and 10411.
a) Current State Employees: No State officer or employee shall engage in any
employment, activity, or enterprise from which the officer or employee receives
compensation or has a financial interest, and which is sponsored or funded by
any State agency, unless the employment, activity, or enterprise is required as a
condition of regular State employment. No State officer or employee shall
contract on his or her own behalf as an independent Grantee with any State
agency to provide goods or services.
b) Former State Employees: For the two-year period from the date he or she left
State employment, no former State officer or employee may enter into a contract
in which he or she engaged in any of the negotiations, transactions, planning,
arrangements, or any part of the decision-making process relevant to the
contract while employed in any capacity by any State agency. For the twelve-
month period from the date he or she left State employment, no former State
officer or employee may enter into a contract with any State agency if he or she
was employed by that State agency in a policy-making position in the same
general subject area as the proposed contract within the twelve-month period
prior to his or her leaving State service.
c) 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 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).
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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
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
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this Agreement and the applicable State requirements governing the use of HHAP-3
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
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-3 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.
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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 3 (HHAP-3)
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-3 funds, along with any interest-bearing accounts opened
by subrecipients to the Grantee for the deposit of HHAP-3 funds, must be used for
HHAP-3-eligible activities and reported on as required by Agency.
2) Per Health and Safety Code Section 50220.7 (g), any housing-related activities
funded with HHAP-3 funds, including but not limited to emergency shelter (per HSC
§ 50220.7(e)(8)(F)), 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-3 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-3-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-3
funding (e.g., by creating appropriate HHAP-3-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
necessity, amend or modify required data elements, disclosure formats, or
disclosure frequency. Additionally, the Council, at its discretion, may provide
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Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in
support of the Purpose of this Agreement and the existing Data Use Agreement.
5) 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.
6) 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.
7) 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 3 (HHAP-3)
Standard Agreement
EXHIBIT E
STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS
This exhibit is incorporated by reference and made part of this agreement. The General
Terms and Conditions (GTC 04/2017) can be viewed at the following link:
https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-
FINALapril2017.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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Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement
EXHIBIT F
STANDARD AGREEMENT TO APPLY
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LI R."D"T,�10015
�Busl,.ess,Consumer Services and Housing Agency HOMELESS CO I1MQ�of 26
Newsom,Governor I Lourdes M.Castro Ramirez,Secretary AND FINANCIN �UNCIL
Agreement No. 21-409
Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement to Apply
HHAP-3 funding is provided pursuant to Health &Safety Code 50220.7(a) and requires all eligible
applicants to submit this Standard Agreement to Apply no later than 5:00pm on October 15,2021.In this
agreement,applicants must indicate whether they intend to apply for HHAP-3 funding jointly with an
overlapping jurisdiction or apply as an individual entity. For any eligible applicant who does not submit
an agreement by the deadline, HCFC may choose to re-allocate the applicant's allocation to an
overlapping jurisdiction].
Eligible applicants applying jointly with an overlapping jurisdiction will designate one of the jointly
applying jurisdictions as the Administrative Entity which will enter into contract with the HCFC to
administer the combined allocations of the joint applicants.Applicants may only apply jointly with a
Continuum of Care (CoC), large city,or county that serves an overlapping region.The Administrative
Entity is required to submit a binding resolution or agreement that designates a single Administrative
Entity for the combined allocations and an explanation of how the jointly applying applicants will
administer the funds allocated to them pursuant to this section.This binding resolution or agreement
must be signed by the authorized representatives of all applicants and must be submitted with the
signed HHAP-3 Initial Disbursement Contract for Funding,separate from the Standard Agreement to
Apply.
By submitting this form, you agree to participate in the HHAP-3 application process as indicated below
and comply with all requirements as set forth In Health and Safety Code 50220.7.
APPLICATION SUBMISSION INFORMATION
ALL APPLICANTS:
Eligible Applicant Jurisdiction
❑Large City: ✓❑County: County of Fresno
❑ Continuum of Care: CoC Number:
Administrative Entity: County of Fresno
Contact Person: Laura Moreno
Title: Program Manager
Contact Phone Number: 559-600-2335
Contact Email Address: Ihaga@fresnocountyca.gqb
Individual or Joint Application Designation:
❑ will submit an Individual application for HHAP-3
funding
0 County of Fresno will submit a joint application for HHAP-3 funding
with the following overlapping jurisdiction(s):
1 For the purposes of the HHAP program,overlapping jurisdictions are eligible applicants that are located within the
same geographic area as the local CoC.
HHAP-3 Agreement to Apply 1
Published 9/15/2021
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Jurisdiction Name Applicant Type (County, 0RAeo i
Fresno Madera Continuum of Care CoC
i
JOINT APPLICANTS ONLY:
Fund Disbursement/Contract Execution
The jointly applying jurisdictions designate the following jurisdiction as the Administrative Entity of the
total combined allocations and acknowledge that the Administrative Entity will enter into legal
agreement with HCFC and receive any disbursements for which the jointly applying jurisdictions may be
deemed eligible.
Administrative Entity:
❑CoC ❑Large City 0✓ County
Name of Applicant: County of Fresno
i
Joint Applicants agree to the following:
l. Joint Applicants must designate a single Administrative Entity to receive the entire combined HHAP-
3 allocations.
2. The Administrative Entity must be a CoC, large city (if applicable), or county that serves the same
region.
3. The Administrative Entity receiving allocations on behalf of joint applicants shall use the funds in the
jurisdiction(s) entitled to the funds or to provide regional housing or services that serve the
population living in each of the jurisdiction(s) entitled to the funds.
4. The Administrative Entity is responsible for complying with all program expenditure requirements and
deadlines for the total combined allocations it is administering.
5. The Administrative Entity must enter into a binding resolution or agreement with joint applicants to
designate the Administrative Entity for the combined allocations which includes an explanation of
how the jointly applying applicants will administer the funds allocated to them.This binding
resolution or agreement must be signed by authorized representatives and will be included with the
contract for funds.
b. The HHAP-3 joint application will clearly identify the intended use of all the funds from each jointly
applying jurisdiction.
7. The HHAP-3 joint application will clearly describe in detail the collaboration between the jointly
applying jurisdictions and an explanation of how the jointly applying jurisdictions will partner to meet
their program goals.
8. The performance goals set in the HHAP-3 joint application will be used to determine the joint
applicants' eligibility for future bonus funding.
HHAP-3 Agreement to Apply 2
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HHAP-3 APPLICATION REQUIREMENTS
Application Requirements—ALL APPLICANTS:
By initialing below, the eligible applicant(s) acknowledges their intent to participate in the HHAP-3
application process as follows:
` 7 the eligible applicont(s) will receive an Initial disbursement equaling no more than 20% (or 25%
for to tly applying applicants) of their total allocation if this Agreement to Participate is submitted by
5:00pm on October 15, 2021 per HSC 50220.7(a)(4)(A)(ii).
I�Initial funds may be used to complete the local homeless action plan, as required by HSC
502220.?((b)(3)(A), including paying for any technical assistance or contracted entities to support the
completion of the homelessness action plan.
As stated in HSC § 50220.7(a)(5), priority for initial funds, above the costs of completing the
home essness action plan, shall be for systems improvement,including, but not limited to, all of the
following:
(A) Capacity building and workforce development for service providers within the
jurisdiction, including removing barriers to contracting with culturally specific service
providers and building capacity of providers to administer culturally specific services.
(B) Funding existing evidence-based programs serving people experiencing
homelessness.
(C) Investing in data systems to meet reporting requirements or strengthen the recipient's
Homeless Management Information System.
(D) Improving homeless point-in-time counts.
(E) Improving coordinated entry systems to eliminate racial bias or to create a youth-
specific coordinated entry system.
To receive the remaining balance of its round 3 program allocation, an applicant shall submit
an a plication to the council by June 30, 2022,that includes a local homelessness action plan and
specific outcome goals in accordance with the requirements laid out in HSC § 50220.7(b).
The applicant shall engage with the council on its local plan and outcome goals before
subm ing a complete application, per HSC § 50220.7(b)(1).
For city, county, and continuum of care applicants, local homelessness action plans pursuant
td'<S&t 50220.7(b)(3)(A) and outcome goals pursuant to HSC § 50220.7(b)(3)(C) shall be agendized at
a regular meeting of the governing body,including receiving public comment, before being submitted
to the council, per HSC § 50220.7(b)(2).
A complete application shall conform to the requirements laid out in HSC § 50220.7(b)(3).
FORM CONTINUES ON PAGE 4
HHAP-3 Agreement to Apply 3
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HHAP-3 GRANTEE AWARD DISBURSEMENT INFORMATION
ALL APPLICANTS:
Instructions: Please fill out the information below, which is needed to process your HHAP Round
3 (HHAP-3) initial award disbursement:
Administrative Entity/Contracting Agency Name
County of Fresno
Administrative Entity/Contracting Agency Business Address
P.O. Box 1912, Fresno, CA 93718
Contract Manager Name
Laura Moreno
Contract Manager Email Address
Ihaga@fresnocountyca.gov
Contract Manager Phone Number
559-600-2335
Award Check Mailing Address (Include "Attention to:" N applicable)
County of Fresno
P.O. Box 24055, Fresno, CA 93779
For grantees who have previously contracted with BCSH, in order to reduce the amount of
paperwork needed to process your HHAP-3 award, HCFC is offering the opportunity to use the
Tax ID Form (Government Taxpayer ID Form for governmental entities or STD 204 Form for non-
governmental entities) and/or Authorized Signatory Form currently on file with HCFC for
HHAP-3 award disbursements. You may revoke these authorizations by submitting an
updated Tax ID Form or Authorized Signatory Form to hhap@bcsh.ca.gov.
Select one:
0 The information on the Tax ID Form used for the HHAP-2 award disbursement is accurate,
and I am authorizing HCFC to use the previously submitted form for the HHAP-3 initial
award disbursement
❑I have included a new Tax ID Form for the initial HHAP-3 award disbursement
Select one:
21 The information on the most recent Authorized Signatory Form on file with HCFC is
accurate, and I am authorizing HCFC to use the form on file for HHAP-3
❑1 have included a new authorized signatory form for HHAP-3
CERTIFICATION
I certify that the signature below is authorized to sign for all applicable documents for the HHAP-3 grant
on behalf of the Eligible Applicant Jurisdiction listed above.
ATTEST:
BERNICE E.SEIDEL
Steve Brandau, Ch irman, County of Fresno Board of Supervisors Clerk of the Board of Supervisors
Name and Title t orized Representative County f Fresno,S to of C 'fomia
Deputy
5 fla
Signatur of Authorized Representative Date
HHAP-3 Agreement to Apply 4
Published 9/15/2021
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FOR ACCOUNTING USE ONLY:
SRF Org: 1132 Homeless Services
Fund: 0065
Subclass: 17237
Account: 3575-State Other