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HomeMy WebLinkAboutM-22-612 - DBH HHAP MOU.pdf M-22-612 1 MEMORANDUM OF UNDERSTANDING 2 This MEMORANDUM OF UNDERSTANDING, herein referred to as MOU, is made and entered 3 into this day of , 2023 by and between the DEPARTMENT OF SOCIAL SERVICES, 4 hereinafter referred to as "DSS", and the DEPARTMENT OF BEHAVIORAL HEALTH, hereinafter referred 5 to as "DBH", both separate departments of the COUNTY OF FRESNO "COUNTY". 6 WITNESSETH: 7 WHEREAS, DSS is the Administrative Entity for the Homeless Housing, Assistance and Prevention 8 (HHAP) grant funds awarded to the County of Fresno and the Fresno Madera Continuum of Care 9 (FMCoC) by the California Business Consumer Services and Housing (BCSH)Agency, as authorized by 10 AB 101; AB 83, and AB 140; and 11 WHEREAS, on July 1, 2015, the County Board of Supervisors executed an Agreement with Kings 12 View Corporation ("Kings View") to provide outreach, engagement, and linkage services; and 13 WHEREAS, DBH issued Request for Proposal (RFP) No. 20-044 dated February 19, 2020, 14 Addendum No. One (1)to DBH's RFP No. 20-044 dated March 16, 2020, and Addendum No. Two (2)to 15 DBH's RFP No. 20-044 dated March 19, 2020, herein collectively referred to as DBH's Revised RFP, and; 16 WHEREAS, Kings View responded to said RFP, and was selected to provide services in 17 accordance with the RFP and Kings View's submitted response; and 18 WHEREAS, on May 17, 2022, the County Board of Supervisors executed an amendment to the 19 agreement with Kings View to replace, restate, and supersede Agreement No. A-21-214, executed on 20 June 22, 2021, and agreement No. A-21-214-1, executed on August 24, 2021, in their entirety; with plans 21 for an Amendment to Agreement A-22-208 to be taken to the Board on February 7, 2023 to add HHAP 22 grant funds; and 23 WHEREAS, DBH, through said agreement, is willing and able to oversee outreach, engagement, 24 and linkage services to individuals experiencing homelessness; and 25 WHEREAS, DBH has personnel skilled in the overseeing of such services. 26 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein 27 contained, the parties hereto agree as follows: 28 -1- 1 1. OBLIGATIONS 2 A. DBH shall contract all services as set forth in Exhibit A, Scope of Work, attached 3 hereto and incorporated herein by this reference. 4 B. DBH shall contract for specified services and activities pursuant to the program 5 expenses detailed in Exhibit B, Budget Summary, attached hereto and incorporated herein by this 6 reference. 7 C. The COUNTY has entered into an agreement with the State of California-for 8 HHAP-1 grant funds awarded to the COUNTY (Agreement No. 20-HHAP-00096), a copy of which is 9 attached hereto as Exhibit C and is incorporated herein by this reference. Services provided by DBH 10 under this MOU shall be funded in part with HHAP-1 funding allocated to the COUNTY and, therefore, 11 DBH shall be aware of, agree to, and comply with all State requirements governing the use of HHAP-1 12 funds; and all conditions in Exhibit C. Failure to comply with these requirements and conditions may 13 result in termination of this MOU pursuant to Section Three (3) of this MOU. 14 D. The COUNTY, as the Administrative Entity for HHAP-2 grant funds awarded to 15 the Fresno Madera Continuum of Care (FMCoC), has entered into an agreement with the State of 16 California for HHAP-2 funding (Agreement No. 21-HHAP-00064), a copy of which is attached hereto as 17 Exhibit D and is incorporated herein by this reference. Services provided by DBH under this MOU shall 18 be funded with HHAP-2 funding and, therefore, DBH shall be aware of, agree to, and comply with all 19 State requirements governing the use of HHAP-2 funds; and all conditions in Exhibit D. Failure to 20 comply with these requirements and conditions may result in termination of this MOU pursuant to 21 Section Three (3) of this MOU. 22 E. The COUNTY anticipates entering into an agreement with the State of California for 23 HHAP-3 funding awarded to the COUNTY and the FMCoC. Upon entering into such an agreement with 24 the State, DSS will provide written notice to DBH, and services provided by DBH under this MOU shall be 25 funded, in part, with HHAP-3 funding, and therefore, DBH shall be aware of, agree to, and comply with all 26 applicable State requirements governing the use of HHAP-3 funds. Should the COUNTY and the State not 27 enter into a HHAP-3 funding Agreement, DSS will provide DBH written notice and the parties will negotiate 28 an amendment to this MOU to reduce the compensation payable under this MOU. -2- 1 F. DSS may request additional services from DBH, which re not otherwise provided in 2 this MOU, which DBH, at its sole discretion, may choose to provide. If DBH is unable to provide said 3 additional services to DSS when requested, DBH shall immediately notify DSS. Compensation for any 4 such additional services shall be mutually agreed upon and provided within the scope of this MOU as 5 determined by the DBH Director, or designee and DSS Director or designee, unless DBH and DSS agree 6 otherwise in writing. 7 2. TERM 8 The term of this MOU shall commence on July 1, 2022 through and including June 30, 9 2025. 10 3. TERMINATION 11 A. Non-Allocation of Funds 12 The terms of this MOU, and the services to be provided hereunder, are contingent on the 13 approval of funds by the appropriating government agency. Should sufficient funds not be allocated, 14 the services provided may be modified, or this MOU terminated, at any time by giving DBH sixty (60) 15 days advance written notice. 16 B. Without Cause 17 Under circumstances other than those set forth above, this MOU may be terminated by 18 DBH, DSS or DSS Director, or designee, upon the giving of sixty (60) days advance written notice of an 19 intention to terminate this MOU. However, termination of this MOU shall not affect any active case 20 service pursuant to this MOU, which shall be handled to their conclusion by DBH. 21 4. COMPENSATION 22 For actual services provided pursuant to the terms of this MOU, DSS agrees to pay DBH 23 and DBH agrees to receive compensation in accordance with the Exhibit B, Budget Summary. 24 In no event shall compensation paid for services performed under this MOU be in excess of 25 Nine Hundred Ninety-Two Thousand, Four Hundred Fifty-One and No/100 Dollars ($992,451) during the 26 term of this MOU. 27 For the period of July 1, 2022 to June 30, 2023, in no event shall compensation paid for 28 services performed under this MOU be in excess of Four Hundred Forty-One Thousand, Nine Hundred -3- 1 Eighty-Two and No/100 Dollars ($441,982); For the period of July 1, 2023 to June 30, 2024, in no event 2 shall compensation paid for services performed under this MOU be in excess of Five Hundred Twenty- 3 One Thousand, Six Hundred Seventy-Three and No/100 Dollars ($521,673); For the period of July 1, 2024 4 to June 30, 2025, in no event shall compensation paid for services performed under this MOU be in 5 excess of Twenty-Eight Thousand, Seven Hundred Ninety-Six and No/100 Dollars ($28,796); 6 It is understood that all expenses incidental to DBH performance of services under this MOU 7 shall be borne by DBH, including but not limited to any and all personnel, equipment, and supplies 8 required in the performance of these services. If DBH should fail to comply with any provision of the MOU, 9 DSS shall be relieved of its obligation for further compensation. Any compensation which is not expended 10 by DBH pursuant to the terms and conditions of this MOU shall automatically revert to DSS. 11 The services provided by DBH under this MOU are funded in whole or in part by the State of 12 California and the United States Federal government. In the event that funding for these services is 13 delayed by the State Controller or the Federal government, DSS may defer payment to DBH. The amount 14 of the deferred payment shall not exceed the amount of funding delayed to the County. The period of time 15 of the deferral by DSS shall not exceed the period of time of the State Controller's or Federal government's 16 delay of payment to DSS plus forty-five (45) days. 17 5. JOURNAL VOUCHER REIMBURSEMENT 18 A. DBH shall request reimbursement from DSS based on actual expenditures and 19 submit an invoice monthly via email to: dssinvoices@fresnocountyca.gov by the tenth (10th) of the 20 month for the prior month's expenditures. Prior to submission to DSS, the invoice shall be reviewed, 21 approved, and signed by a DBH representative who is authorized to certify actual services were 22 performed and reimbursement requests represent actual costs. Requests for payment shall include 23 supporting programmatic and financial documentation with information including but not limited to 24 monthly activity reports, a year-to-date statement and back-up documentation, a summary of charges 25 for which DBH is seeking reimbursement, and copies of the supporting documentation for the period(s) 26 during which costs were incurred. 27 B. Reimbursement for services rendered under this MOU shall not be made until 28 said invoice and supporting documentation, as identified hereinabove, are received and reviewed by -4- 1 DSS. If the invoice is incorrect or is otherwise not in proper form or substance, DSS shall have the right 2 to withhold payment as to only that portion of the invoice that is incorrect or improper. Payments by 3 DSS shall be in arrears for services provided during the preceding month, within forty-five (45) days 4 after receipt and verification of DBH's invoice by DSS. Upon receipt, verification, and approval of the 5 submitted invoice and requested documentation, DSS shall process said invoice for payment to DBH. 6 C. Once the invoice has been approved for payment by DSS, DSS shall prepare an 7 Interdepartmental Journal Voucher to reimburse DBH for actual expenditures. The Interdepartmental 8 Journal Vouchers shall be subject to County, State, and Federal audits. 9 D. All costs shall be supported by properly executed payrolls, time records, invoices, 10 vouchers, orders, or other accounting documents pertaining in whole or in part to this MOU and shall 11 be clearly identified and readily accessible. The support documentation must indicate the line item 12 budget account to which the cost is charged, if applicable. 13 6. MODIFICATION 14 A. Any matters of this MOU may be modified from time to time by the written consent 15 of all parties without, in any way, affecting the remainder. 16 B. DSS agrees that reductions to the maximum compensation set forth in Section 17 Four (4) of this MOU may be necessitated by a reduction in funding from State or Federal sources. Any 18 such reduction to the maximum compensation may be made with the written approval of County's DSS 19 Director or designee and DBH. DBH further understands that this MOU is subject to any restrictions, 20 limitations, or enactments of all legislative bodies which affect the provisions, term, or funding of this 21 MOU in any manner. 22 7. ASSIGNMENT AND SUBCONTRACTS 23 Neither party shall assign, transfer or subcontract this MOU nor their rights or duties 24 under this MOU without the prior written consent of the other party. DSS acknowledges and consents 25 that Kings View, is a subcontractor of DBH for provisioning of services for this MOU. Any transferee, 26 assignee or subcontractor will be subject to all applicable provisions in this MOU, and all applicable 27 State and Federal regulations. DBH shall be held primarily responsible by DSS for the performance of 28 any transferee, assignee or subcontractor unless otherwise expressly agreed to in writing by DSS. The -5- 1 use of subcontractor by DBH shall not entitle DBH to any additional compensation than is provided 2 under this MOU. 3 8. NON-DISCRIMINATION 4 During the performance of this MOU, DBH and its officers, employees, agents and 5 subcontractors shall not unlawfully discriminate in violation of any Federal, State or local law, rule or 6 regulation against any employee or applicant for employment, or recipient of services under this MOU, 7 because of ethnic group identification, gender, gender identity, gender expression, sexual orientation, 8 color, physical disability, mental disability, medical condition, national origin, race, ancestry, marital 9 status, religion, or religious creed. 10 A. Domestic Partners and Gender Identity 11 For State fund-funded contracts of$100,000 or more, DBH certifies that it complies with 12 Public Contract Code Section 10295.3. 13 B. Americans with Disabilities Act 14 DBH shall comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits 15 discrimination on the basis of disability, as well as all applicable regulations and guidelines issues 16 pursuant to the ADA (42. U.S.C. 12101 et seq.) 17 C. DBH shall include the non-discrimination and compliance provisions of this section in 18 all subcontracts to perform work under this MOU. 19 9. LIMITED ENGLISH PROFICIENCY 20 DBH shall provide interpreting and translation services to person participating in DBH's 21 services who have limited or no English language proficiency, including services to person who are 22 deaf or blind. Interpreter and translation services shall be provided as necessary to allow such 23 participants meaningful access to the programs, services and benefits provided by DBH. Interpreter 24 and translation services, including translation of DBH's "vital documents" (those documents that contain 25 information that is critical for accessing DBH's services or are required by law) shall be provided to 26 participants at no cost to the participant. 27 DBH Shall ensure that any employees, agents, subcontractors, or partners who interpret 28 or translate for a program participant, or who directly communicate with a program participant in a -6- 1 language other than English, demonstrate proficiency in the participant's language and can effectively 2 communicate any specialized terms and concepts peculiar to DBH's services. 3 10. CONFIDENTIALITY 4 All services performed by DBH under this MOU shall be in strict conformance with all 5 applicable Federal, State of California and/or local laws and regulations relating to confidentiality. 6 11. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 7 DBH, its officers, consultants, subcontractors, agents and employees shall comply with 8 all applicable State, Federal and local laws, regulations, and executive orders, as well as Federal 9 policies, procedures, and directives governing projects that utilize State and Federal Funds. This 10 includes laws, rules and regulations that pertain to construction, health and safety, labor, fair 11 employment practices, environmental protection, equal opportunity, fair housing, and all other matters 12 applicable or related to DBH's services, DBH, its subcontractors, and all eligible activities. 13 DBH shall be responsible for obtaining all permits, licenses, and approvals required for 14 performing any activities under this MOU, including those necessary to perform design, 15 implementation, operation, and maintenance of the activities. DBH shall be responsible for observing 16 and complying with any applicable federal, state, and local laws, rules and regulations affecting any 17 such work, specifically those including, but not limited to, environmental protection, procurement, and 18 safety laws, rules, regulations, and ordinances. DBH shall provide copies of permits and approvals to 19 DBH upon request. 20 12. RECORDS 21 A. Record Establishment and Maintenance 22 DBH shall establish and maintain records to support invoices for services provided under 23 this MOU. DBH shall retain all fiscal books, account records and client files for services performed 24 under this MOU for at least five (5) years from date of final payment under this MOU or until all State 25 and Federal audits are completed for that fiscal year, whichever is later. 26 B. Cost Documentation 27 1) DBH shall submit to DSS within ten (10) calendar days following the end of 28 each month, all fiscal and program reports for that month. DBH shall also furnish to DSS such -7- 1 statements, records, data and information as DSS may request pertaining to matters covered by this 2 MOU. In the event that DBH fail to provide reports as provided herein, it shall be deemed sufficient 3 cause for DSS to withhold payments until compliance is established. 4 2) All costs shall be supported by properly executed payrolls, time records, 5 invoices, vouchers, orders, or any other accounting documents pertaining in whole or in part to this 6 MOU and they shall be clearly identified and readily accessible. The support documentation must 7 indicate the line budget account number to which the cost is charged. 8 3) DSS shall notify DBH in writing within thirty (30) days of any potential State or 9 Federal audit exception discovered during an examination. Where findings indicate that program 10 requirements are not being met and State or Federal participation in this program may be imperiled in 11 the event that corrections are not accomplished by DBH within thirty (30) days of receipt of such notice 12 from DSS, written notification thereof shall constitute DSS intent to terminate this MOU. 13 C. Service Documentation 14 DBH agrees to maintain records to verify services under this MOU including names and 15 addresses of clients served, if applicable, and the dates of service and a description of services 16 provided on each occasion. These records and any other documents pertaining in whole or in part to 17 this MOU shall be clearly identified and readily accessible. 18 13. AUDITS AND INSPECTIONS 19 DBH shall at any time during business hours, and as often as DSS may deem necessary, 20 make available to DSS for examination all of its records and data with respect to the matters covered 21 by this MOU. DBH shall, upon request by DSS, permit DSS to audit and inspect all of such records and 22 data necessary to ensure DSS's compliance with the terms of this MOU. 23 If this MOU exceeds ten thousand dollars ($10,000.00), DBH shall be subject to the 24 examination and audit of the Auditor General for a period of three (3) years after final payment under 25 contract (California Government Code Section 8546.7). 26 In addition, DBH shall cooperate and participate with DSS's fiscal review process and 27 comply with all final determinations rendered by DSS's fiscal review process. If DSS reaches an 28 adverse decision regarding DBH's services to consumers, it may result in the disallowance of payment -8- 1 for services rendered; or in additional controls to the delivery of services, or in the termination of this 2 MOU, at the discretion of County's DSS Director or designee. If as a result of DSS's fiscal review 3 process of disallowance is discovered due to DBH's deficiency, DBH shall be financially liable for the 4 amount previously paid by DSS to DBH and this disallowance will be adjusted from DBH's future 5 payments, at the discretion of County's DSS Director or designee. In addition, DSS shall have the sole 6 discretion in determination of fiscal review outcomes, decisions, and actions. 7 14. RELATIONSHIP OF PARTIES 8 It is understood that this MOU is by and between two (2) separate departments of the 9 County of Fresno and is not intended to and shall not be construed to create a relationship of agent, 10 servant, employee, partnership, joint venture, or association. 11 15. ENTIRE MOU 12 This MOU constitutes the entire MOU between DBH and DSS with respect to the subject 13 matter hereof and supersedes all previous MOU negotiations, proposals, commitments, writings, 14 advertisements, publications, and understanding of any nature whatsoever unless expressly included in 15 this MOU. 16 17 18 19 20 21 22 23 24 25 26 27 28 -9- I IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the day and year first 2 hereinabove written. 3 4 COUNTY OF FRESNO 5 DEPARTMENT OF BEHAVIORAL HEALTH 6 7 BY: DATE: �� �J 7is 8 Susan L. Holt, Director 9 10 11 COUNTY OF FRESNO 12 DEPARTMENT OF SOCIAL SERVICES 13 14 BY: I DATE: / 2 3 /-,73 15 Sanj ugay, Director 16 17 18 19 Department of Behavioral Health Department of Social Services 20 Fund No.: 0001 Fund No.: 0001 21 Subclass No.: 10000 Subclass No.: 10000 22 Organization: 56302493 Organization: 56107114 23 Account/Program: 5990/0 Account/Program: 7870 24 25 26 27 28 -10- Exhibit A Page 1 of 3 Memorandum of Understanding Street Outreach Scope of Work Organization County of Fresno Department of Behavioral Health Address 7170 N Financial Dr, Ste 110, Fresno, CA 93720 Services Mental Health, Outreach, Case Management, and Supportive Housing Services Contract Period July 1, 2022—June 30, 2023 July 1, 2023—June 30, 2024 July 1, 2024—June 30, 2025 Funding Source Homeless, Housing, Assistance, and Prevention (HHAP) County and Fresno Madera Continuum of Care Grant Funding Funding Amount $992,451 Summary of Services: The Department of Behavioral Health (DBH) will use the HHAP grant as supplemental funding to oversee the outreach, engagement, and linkage services to individuals experiencing homelessness in the rural and unincorporated areas of Fresno County through the Projects for Assistance in Transition from Homelessness (PATH) program. As agreed in Contract A-22-208, this program is operated by Kings View Corporation. Target Population: The target population to be served under this Agreement is adults (18 year and older)who are experiencing serious mental illness and/or co-occurring substance use disorders and are homeless or at imminent risk of becoming homeless in the rural and unincorporated areas of Fresno County. Participation is on a voluntary basis. Responsibilities of Department of Behavioral Health: A. Operate and oversee a contracted outreach program where individuals are enrolled and linked to services based on the needs of the person served. 1. Provide oversight of the program. In addition to contract monitoring of program, oversight includes, but is not limited to, coordination with DSS regarding program administration and outcomes. Administrative staff will meet with the program manager on a monthly basis to discuss program client issues, concerns, measurable outcomes and reports, and any other items as needed for the effective oversight of the program. B. Collaborate with other agencies for provision of non-direct mental health services. These services are particularly needed to reach people with co-occurring chronic or medical conditions. Linkage must be provided to persons served for the full range of services. C. Ensure client data is being entered into the Fresno Madera Continuum of Care Homeless Data Information System (HMIS) timely and accurately by the contracted provider. D. Provide outcomes in monthly reports, including monthly activity reports and Homeless Data Information System (HMIS)Annual Performance Reports (APRs). Exhibit A Page 2 of 3 E. Assist in making linkages with the total mental health system through regularly scheduled meetings and consultations, both formal and informal. F. Participate in evaluating the progress of the overall program and the efficiency of collaboration with the program administrative staff and be available for ongoing consultation. G. Receive and analyze statistical data outcome information throughout the term of the contract. The performance outcome measurement process will not be limited to survey instruments but will also include, as appropriate, client and staff interviews, chart reviews, and other methods of obtaining required information. H. Recognize that cultural responsiveness is a goal toward which professionals, agencies, and systems should strive. Becoming culturally responsive is a developmental process and incorporates at all levels the importance of culture, the assessment of cross-cultural relations, vigilance towards the dynamics that result from cultural differences, the expansion of cultural knowledge, and the adaptation of services to meet culturally unique needs. DBH will assist the program towards cultural and linguistic competency. DBH shall provide the following: 1. Technical assistance regarding cultural responsiveness requirements and sexual orientation and gender identity training. 2. Mandatory cultural responsiveness training including sexual orientation and gender identity and cultural sensitivity training for program personnel, at minimum once per year. DBH will provide technical assistance and when possible, training regarding the unique needs of the diverse population. Cultural responsiveness training recommendations will be based on trends in data collected and will be included in the County's Culturally Responsive Plan. Sensitivity to sexual orientation and gender identity is a basic cultural responsiveness principle and shall be included in the cultural responsiveness training(s). Literature suggests that the behavioral health needs of lesbian, gay, bisexual, and transgender (LGBT+) individuals may be at increased risk for behavioral disorders and behavioral health problems due to exposure to societal stressors such as stigmatization, prejudice and homophobic and/or transphobic violence. Social support may be critical for this population. 3. Materials for public use on behavioral health and substance abuse services information shall be in DBH's current threshold languages (English, Spanish, and Hmong). Translation services and costs associated will be the responsibility of the provider. Promotional and/or program materials shall be reviewed by DBH's Public Behavioral Health Division for branding requirements prior to implementation. Responsibilities of Department of Social Services: A. Coordinate with DBH to receive data and other information needed for HHAP report submission and HMIS data upload to the Business Consumer Services and Housing Agency as required. B. Meet with representatives of DBH to discuss HHAP programmatic requirements or invoicing as needed. Program Expectations The following program expectations shall be met annually: • Provide outreach and engagement services to a minimum of 100 individuals in rural and unincorporated communities of Fresno County. • On average, persons served will be engaged and linked to services in less than 5 meeting contacts. • 80% of persons served who cannot meet their housing needs through diversion efforts will be linked to a Coordinated Entry System navigator within 7 days of successful contact. Exhibit A Page 3 of 3 Program Outcomes The following outcomes shall be met annually: • 50% of persons served will attain a safe exit to temporary, transitional, or permanent housing, 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. Exhibit B Page 1 of 1 Memorandum of Understanding Street Outreach Budget Contract Period: July 1, 2022—June 30, 2025 Maximum Compensation: $992,451 FY 2022-2023: $441,982 FY 2023-2024: $521,673 FY 2024-2025: $28,796 Summary: The Department of Behavioral Health (DBH)will use the HHAP grant as supplemental funding to oversee the outreach, engagement, and linkage services to individuals experiencing homelessness through the Projects for Assistance in Transition from Homelessness (PATH) program.This program is operated by Kings View Corporation; Agreement A-22-208 and associated amendments. HHAP funding will be allocated to: Staff-Administrative, clinical, and outreach staff that work in the program, such as the program manager, case managers, and outreach workers. Client Support-Costs associated with assisting persons served in housing,transportation,education, employment, documentation, as well as program supplies. Operations- Expenses related to telecommunication and correspondence, office and program supplies, staff training and recruitment, vehicle maintenance, and staff mileage. Facilities and Equipment-Costs associated with building costs,office equipment, and vehicles. Administrative and Special- Expenses pertaining to administrative overhead, liability insurances, and translation services. Fixed Assets-Expenses related to computer equipment,software, and furniture. Exhibit C Page 1 of 25 Agreement No.20-196 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENTNUMBER PURCHASING AUTHORITY NUMBER(if Applicable) STD 213(Rev,03/2019) 1 20-HHAP-00096 1,This Agreement Is entered into between the Contracting Agency and the contractor named below: CONTRACTING AGENCYNAME Business,Consumer Services,and Housing Agency CONTRACTOR NAME County of Fresno 2.The term of this Agreement Is; START DATE Upon BCSH Approval THROUGH END DATE 06/30/2025 3.The maximum amount of this Agreement is: $2,325,640.36 4.The parties agree to comply with the terms and condlCons of the following exhibits,which are by this reference made a part of the Agreement. Exhibits Title Wages Exhibit A Scope of Work 1-6 Exhibit B Budget Detall and Payment.Provisions 7-11 Exhibit C Homeless Coordinating and Financing Council Terms and Conditions 12-21 + Exhibit D Special Terms and Conditions 22 + Exhibit E* General Terms and Conditions 23 Items shown with an asterls *,are hereby carporaW by mterence and maorepurto t is agreement as ifWached hereto. These documents can be viewed othLsr//www.dgs,co.aov/OL51Resources_ IN WITNESS WHEREOF,THIS AGREEMENT RAS BEEN EXECUTED BY THE PARTIES HERETO. - CONTRACTOR i CONTRACTOR NAME(If other than an individual,state whethera corporation,partnership;etc,) --County of,Fresno_ _ I CONTRACTOR BUSINESS ADDRESS ATTEST: CITY STATE ZIP BERNICE E.SEII�EL ' PO Box 24055 Cleric of the Board of Supervisors Fresno CA 93612 PRINTED NAME OF PERSON SIGNING County of Fresno State California TITLE i Ernest Buddy Mendes a9ddJ ' Deputy Chairman,Board of Supervisors CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED Page 1 of 2 ) Exhibit C Page 2 of 25 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER ::: PURCHASING AUTHORITY NUMBER(If Appllcable) S70 213(Rev.03/2019) 20-HHAP-00096 STATE OF CALIFORNIA CONTRACTING AGENCY NAME Business,Consumer Services,and Housing Agency CONTRACTING AGENCY ADDRESS CITY STATE ZIP 915 Capitol Mall,Suite 350A Sacramento CA 95814 PRINTED NAME OF PERSON SIGNING TITLE Lourdes Castro Ramfrez Secretary CONTRACTING AGENCY HO DSIGNATURE DATESI(;N D � 1f 12-® CALIFORNIA DEPARTMENT 04ENERAL SERVICES APPROVAL EXEMPTION OfAppllcable) I i l i I 1 i Paae 2 of 2 I Exhibit C ` Page 3 of 25 County of Fresno 20-HHAP-00096 Page 1 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK I. Authority The State of California has established the Homeless Housing, Assistance, and Prevention Program ("HHAP" or "Program" or "grant") pursuant to Chapter 6 (commencing with Section 50218) of Part 1 of Division 31 of the Health and Safety Code. (Added by Stats.2019, c. 159 (A.B. 101), § 10, eff. July 31, 2019.) The Program is administered by the California Homeless Coordinating and Financing Council ("Council") in the Business, Consumer Services and Housing Agency ("Agency"). HHAP provides one-time flexible block grant funds to continuums of care, large cities (population of 300,000+) and counties as defined in the December 6,2019 HHAP Notice of Funding Availability ("NOFA") to support regional coordination and. expand or develop local capacity to address immediate homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. This Standard Agreement along with all its exhibits ("Agreement") is entered into by the Agency and a continuum of care, a city, or a county("Grantee") under the authority of, and in furtherance of the purpose of, the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of the Agreement; the NOFA under which the Grantee applied;-the representations contained in the Grantee's application, and the requirements of the authority cited above. 2. Purpose The general purpose of the Program is to provide one-time block grant funding to support regional coordination, and to expand or develop local capacity to address immediate homelessness challenges. Activities will be informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing, In accordance with the authority cited above, an application was created and submitted by the Grantee for HHAP funds to be allocated for eligible uses as stated in Health and Safety Code section 50219, subdivision (c)(1) -- (8). 1 i Homeless Housing,Assistance and Prevention Program NOFA Date:December 6, 2019 1 _ Exhibit C 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 50218, subdivisions (a)—(q): (a) "Agency" means the Business, Consumer Services and Housing Agency. (b) "Applicant" means a continuum of care, city, or county. (c) "City" means a city or city and county that Is legally incorporated to provide local government services to its population.A city can be organized either underthe general laws of this state or under a charter adopted by the local voters. (d) "Continuum of care"means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations. (e) "Coordinated Entry System" means a centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized -or coordinated assessment system shall cover the- geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool. (f) "Council" means the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and institutions Code. (g) "Emergency shelter"has the same meaning as defined in subdivision (e)of Section 50801. (h) "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019. (i) "Homeless Management Information System means the in formation system designated by a continuum of care to comply with federal reporting requirements as I defined in Section 578.3 of Title 24 of the Code of Federal Regulations, The term �. "Homeless Management Information System"also includes the use of a comparable i Homeless Housing,Assistance and Prevention Program NOF'A Date: December 6, 2019 ! Exhibit C Page 5 of 25 County of Fresno 20-HHAP-00096 Page 3 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORD database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations. "Homeless point-in-time count" means the 2019 homeless point-in-time count pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations.A jurisdiction may elect to instead use their 2017 point-in-time count if they can demonstrate that a significant methodology change occurred between the 2017 and 2019 point-in-time counts that was based on an attempt to more closely align the count with HUD best practices and undertaken in consultation with HUD representatives.Ajurisdiction shall submit documentation of this to the agency by the date by which HUD's certification of the 2019 homeless point-in-time count is finalized. The agency shall review and approve or deny a request described in the previous sentence along with a Jurisdiction's application for homeless funding. (k) "Homeless youth" means an unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act(42 U.S.C. Sec. 11434a(2)). "Homeless youth" includes unaccompanied youth who are pregnant or parenting. (1) "Housing First" has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all of the core components-listed therein, (m) "Jurisdiction" means a city, city that is also a county, county,or continuum of care, as defined in this section. (m)"Jurisdiction" means a city, city that is also a county, county, or continuum of care, as defined in this section. (n) "Navigation center" means a Housing First, low-barrier, service-enriched shelter I focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. (a) "Program" means the Homeless Housing, Assistance, and Prevention program established pursuant to this chapter. i Homeless Housing,Assistance and Prevention Program NOFA Date: December 6, 2019 f Exhibit C Page 6 of 25 County of Fresno 20-HHAP-00096 Page 4 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK (p) "Program allocation" means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges; In the amount of six hundred fifty million dollars ($650,000,000). (q) "Recipient" means a jurisdiction that receives funds from the agency for the purposes of the program. Additional definitions for the purposes of the HHAP program: f "Obligate" means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using HHAP funding. Grantees, and the subrecipients who receive awards from those Grantees, must obligate the funds by the statutory deadlines set forth in this Exhibit A. "Expended means all HHAP funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding. In the case of an award made through subcontracting, subcontractors are required to obligate the funds by the same statutory deadlines. i "Grantee" means the continuum of care, city, or county that has entered into contract with the Business, Consumer Services and Housing Agency and is receiving HHAP funding,_ ._ 4. Scope of Work The Scope of Work ("Work')for this Agreement shall include uses that are consistent with Health and Safety Code section 50219, subdivision (c)(1) — (8), and any other applicable laws. Eligible uses include the following: A. Dental assistance and rapid rehousing. B. Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves. C. Incentives to landlords, including, but not limited to, security deposits and holding fees. D. Outreach and coordination, which may include access to job programs, to assist vulnerable populations in accessing permanent housing and to promote housing stability in supportive housing. l Homeless Housing, Assistance and Prevention Program NOPA Date: December 6, 2019 f Exhibit C Page 7 of 25 County of Fresno 20-HHAP-00096 Page 5 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK E. Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations Including families and homeless youth. F. Delivery of permanent housing and innovative housing solutions such as hotel and motel conversions. G. Prevention and shelter diversion to permanent housing. H. New navigation centers and emergency shelters based on demonstrated need. Demonstrated need for purposes of this paragraph shall be based on the following: 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. 6. Agency Contract Coordinator The Agency's Contract Coordinator for this Agreement Is the Council's HHAP Grant Manager or the Grant Manager's designee. Unless otherwise instructed, any notice, report, or other communication requiring an original Grantee signature for this Agreement shall be mailed to the Agency Contract Coordinator. If there are opportunities to send information electronically, Grantee will be notified via email by the HHAP Grant Manager or the Grant Manager's designee. The Representatives during the term of this Agreement will be: PROGRAM GRANTEE ENTITY: Business Consumer Services and County of Housing Agency Fresno SECTION/UNIT' Homeless Coordinating and Financing Council(HCFC) 915 Capitol Mall Suite 350-A PO Box 24066 ADDRESS: Sacramento,CA 95814 Fresno,California 93612 a CONTRACT MANAGER Amber Ostrander Launa MorenoProgram Manager PHONE NUMBER: 916-661-7995 559-600-2335 EMAIL ADDRESS: Amber.Ostrander@bcsh.ca.gov Ihaga@fresnocountyca,gov i r Homeless Housing,Assistance and Prevention Program NOFA Date: December 6, 2019 � Exhibit C Page 8 of 25 County of Fresno 20-H HAP-00096 Page 6 of 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK All requests to update the Grantee information listed within this Agreement shall be emailed to the Homeless Coordinating and Financing Council's general email box at hcfc(@-bcsh.ca.gov. The Council reserves the right to change their representative and/or contact information at any time with notice to the Grantee. 6. Effective _Date, Term of Agreement, and Deadlines A. This Agreement is effective upon approval by the Agency (indicated by the signature provided by Agency in the lower left section of page one, Standard Agreement, STD. 213),when signed by all parties. B. Contractual Obligation: Grantees that are counties must contractually obligate 100 percent of their full program allocations on or before May 31, 2023. • Grantees that are cities or continuums of care must contractually obligate no less than 50 percent of program allocations on or before May 31, 2023. Cities or continuums of care that contractually obligate less than 50 percent or program allocations after May 31, 2023 are subject to an alternative disbursement plan as required under(Health & Safety Code, 50220, subdivision (a)(4)(13). C. Full Expenditure of HHAP Grant Funds • All HHAP grant funds (100.percent) must be expended by June 30, 2025. Any funds not expended by that date shall revert to the General Fund. (Health & Safety Code, § 50220, subdivision (e).) 7. Special Conditions Agency reserves the right to add any special conditions to this Agreement it deems necessary to ensure that the goals of the Program are achieved. Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 i i Exhibit C Page 9 of 25 County of Fresno 20-HHAP-00096 Page 7 of 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. Budget Detail & Changes The Grantee agrees that HHAP funds shall be expended on uses that support regional coordination and expand or develop local capacity to address immediate homelessness challenges, Such activities must be informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. The Grantee shall expend HHAP funds on eligible activities as detailed in the annual budget submitted with the Grantee's approved application. The Grantee shall submit an updated budget with the annual report that revises and reports all actual and projected expenditures of HHAP funds. Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by the Agency so long as the total expenditures (actual and projected)for each eligible use category remain the same as described in the budget approved with the Grantee's application, Any decrease or increase to the total expenditures for any eligible use category must otherwise be approved by the Council's HHAP Grant Manager or his/her designee, in writing, before the Grantee may expend HHAP funds according to an alternative budget. The HHAP Grant Manager will respond)to Grantee With approval or denial of request. Failure to obtain written approval from the Grant Manager or his/her designee as required by this section may be considered a breach of this Agreement. 2. General Conditions,Prior to Disbursement All Grantees must submit the following forms prior to HHAP funds being released: A. Request for Funds Form (RFF) i B. STD 213 Standard Agreement - 2 original copies of the signed STD 213 form and initialed Exhibits A through E. i C. Data Use Agreement (continuums of care and counties that accepted redirected funding from a continuum of Care-see Exhibit D for relevant Special Terms and Conditions) Homeless Housing, Assistance and Prevention Program i NOFA Date: December 6, 2019 Exhibit C Page 10 of 25 County of Fresno 20-HHAP-00096 Page 8 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 3. Disbursement of Funds HHAP funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Agency, the Department of General Services (DGS) and the State Controller's Office (SCO). Once Agency receives, reviews, and signs off on the completed documents, the documents will be sent to DGS for review. Once DGS review is completed, documents will be forwarded to SCO for final review and fund disbursement. The RFF must include the proposed eligible uses and the amount of funds proposed for expenditure under each eligible use. HHAP funds will be disbursed in a single allocation via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF, 4. Expenditure of Funds. Specific requirements and deadlines for contractually obligating and expending awarded funds are set forth in the Homeless Housing, Assistance, and Prevention Program statutes. Health and Safety Code sections 50218, 50219, and 50220 mandate the following: A. Up to 5 percent of the HHAP allocation may be expended for the following uses that are(ntehded to meet federal requirements forhouslrig fundiing: _ _ . (1) Strategic homelessness plan, as defined in section 578.7(c) of Title 24 of the Code of Federal Regulations; and/or (2) Infrastructure development to support coordinated entry systems and Homeless Management Information Systems. B. No more than 7 percent of the HHAP allocation may be used for administrative costs incurred by the Grantee. C. At least 8 percent of the'HHAP allocation shall be used to establish or expand services for homeless youth populations. D, Grantees that are cities or continuums of care shall contractually obligate no less than 50 percent of HHAP funds by May 31, 2023. If less than 50 percent is obligated after May 31, 2023, continuums of care and cities shall not expend any remaining portion of the 50 percent of program allocations required to have i been obligated unless and until both of the following occur: Homeless Housing,Assistance and Prevention Program NOFA Date: December 6, 2019 1 I I f Exhibit C Page 11 of 25 County of Fresno 20-HHAP-000.96 Page 9 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS (1) On or before June 30, 2023, the Grantee submits an alternative disbursement plan to Agency that includes an explanation for the delay and a plan to fully expend these funds by December 31, 2023, (2) Agency approves the alternative disbursement plan. If the funds identified In the approved alternative disbursement plan are not fully expended by December 31, 2023, the funds shall be returned to Agency. E. Grantees that are counties shall contractually obligate the full allocation (100 percent) awarded to them by May 31, 2023. Any funds that are not contractually obligated by this date shall be reverted to the continuum of care that serves the county. Specific to Los Angeles County, funds that are not contractually obligated by this date shall be divided proportionately using the HHAP funding allocation formula among the four CoC's that serve Los Angeles County: City of Glendale CoC, City of Pasadena CoC, the City of Long Beach CoC, and the Los Angeles Homeless Services Authority. Counties not obligating their full program allocation by May 31, 2023 are required to notify Agency on or before that date, of the name of the CoC(s) in which the county is served, and the amount of program funds that will be reverted to the CaC(s). gyJune 30, 2023,the county sl all'provid6Agency With evidence that the funds were transferred and submit an updated budget that clearly identifies the funds that were transferred. F. All HHAP funds shall be expended by June 30, 2025. i G. Any funds not expended by June 30, 2025 shall revert to the General Fund. 5. Reimbursement HHAP program funds should not generally be obligated or expended prior to the effective date of this Agreement. However, Agency acknowledges that there may be circumstances that would require reimbursement in order to prevent or address homelessness in a given jurisdiction. When considering a reimbursement, the following requirements are applicable: A. Reimbursement is not permitted for activities occurring prior to July 1, 2019. , I I Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 Exhibit C Page 12 of 25 County of Fresno 20-HHAP-00096 Page 10 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS B. Reimbursement shall not supplant existing local funds for homeless housing, assistance, or prevention. C. Approval from HCFC must be obtained prior to obtaining reimbursement. D. Capital 'improvement projects pertaining to emergency shelters and navigation centers are still required to demonstrate need. Eligible applicants are required to submit the following information for HCFC to review and approve or deny j such projects: i (1) The number of available shelter beds in the jurisdiction; (2) The shelter vacancy rate in the summer and winter months; (3) The percentage of exits from emergency shelters to permanent housing solutions; and (4)A plan to connect residents to permanent housing. 6. Ineligible Costs HHAP funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code sections 50218 and 50219. Agency reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use HHAP funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to Agency. An expenditure which is not authorized by this Agreement, or by written approval of the Grant Manager or his/her designee, or which cannot be adequately documented, shall be disallowed and must be reimbursed to Agency by the Grantee. Agency, at its sole and absolute discretion, shall make the final determination I�I regarding the allowability of HHAP fund expenditures, I Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. l a Homeless Housing,Assistance and Prevention Program I NOFA Date: December 6, 2019 I Exhibit C - Page 13 of 25 'County of Fresno 20-HHAP-00095 Page 11 of 23 Homeless Housing, Assistance and Prevention Standard Agreement 7. Admil istrratiye Costs The Grantee must comply with Health and Safety Code section 50219, subdivision (e), which limits the Grandee's administrative costs to no more than 7 percent of total HHAP funds received. For purposes of this requirement, "administrative costs" does not include staff or other costs directly related to Implementing activities funded by the Program allocation. I Homeless Housing,Assistance and Prevention program NOFA Date; December 6, 2019 Exhibit C Page 14 of 25 County of Fresno 20-H HAP-00096 Page 12 of 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 1. Termination and Sufficiency of Funds A. Termination of Agreement Agency may terminate this Agreement at any time for cause by giving a minimum of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in paragraph 6 of this Exhibit C, violation of any federal or state laws; or withdrawal of Agency's expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by Agency, any unexpended funds received by the Grantee shall be returned to Agency within 30 days of Agency's notice of termination. B. Sufficiency of Funds This Agreement is valid and enforceable only if sufficient funds are made available to Agency by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes,, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner. 2. Transfers Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except with the prior written approval of Agency and a formal amendment to this Agreement to affect such subcontract or novation, i 3. Grantee'_s Application for Funds j Grantee has submitted to Agency an application for HHAP funds to support regional coordination and expand or develop local capacity to address its immediate homelessness challenges. Agency is entering into this Agreement on the basis of, and in substantial reliance upon, Grantee's facts, Information, assertions and representations contained in that application, and in any subsequent modifications or 4 additions thereto approved by Agency. The application and any approved modifications and additions thereto are hereby incorporated into this Agreement, d Homeless Housing,Assistance and Prevention Program NOFA Date: December 6, 2019 Exhibit C Page 15 of 25 County of Fresno 20-HHAP-00096 Page 13 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee's knowledge. In the event that any part of the application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect Agency approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then Agency may declare a breach of this Agreement and take such action or pursue such remedies as are legally available. 4. R_epork[neLAudits A. Annual Report Deadlines By January 1, 2021, and annually on that date thereafter until all funds have been expended, the Grantee shall submit an annual report to Agency in a format provided by Agency. If the Grantee fails to provide such documentation, Agency may recapture any portion of the amount authorized by this Agreement with a 14-day written notification. No later than January 1, 2026, the Grantee shall submit a final report, in a format provided by Agency, as well as a detailed explanation of all uses of the Program funds. ._-'Reporting RequieoMonts The annual report shall contain detailed information in accordance with Health and Safety Code section 60221, subdivision (a).This information includes the following, as well as any additional information deemed appropriate or necessary by Agency: 1. An ongoing tracking of the specific uses and expenditures of any Program funds broken out by eligible uses listed; including the current status of those funds. 2. The number of homeless individuals served by the Program funds in that year, and a total number served in all years of the Program, as well as the homeless populations served. '1 3. The types of housing assistance provided, broken out by the number of Individuals. i I 1 t Homeless Housing, Assistance and Prevention Program I NOFA Date: December 6,2019 i I� 1 Exhibit C Page 16 of 25 County of Fresno 20-HHAP-00096 Page 14 of 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 4. Outcome data for an individual served through Program funds, including the type of housing that an individual exited to, the percent of successful housing exits, and exit types for unsuccessful housing exits. In addition to the annual reports, Agency requires the Grantee to submit quarterly expenditure reports due no later than 30 days following the end of each fiscal quarter. Grantee shall submit a report to the agency on a form and method provide by the agency, that includes the ongoing tracking of the specific uses and expenditures of any program funds broken out by eligible uses listed, including the current status of those funds, as well as any additional information the agency deems appropriate or necessary. Agency may require additional supplemental reporting with written notice to the Grantee. C. Auditing Agency reserves the right to perform or cause to be performed a financial audit. At Agency request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. HHAP administrative funds may be used to fund this expense. 1. If a financial audit is required by Agency, the audit shall be performed by an independent certified public accountant. I. 2. The Grantee shall notify Agency of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by Agency to the independent auditor's working papers. 3. The Grantee is responsible for the completion of audits and all costs of preparing audits, o 4. If there are audit findings, the Grantee must submit a detailed response acceptable to Agency for each audit finding within 90 days from the date of the audit finding report. 6. Inspection and Retention of Records i A. Record Inspection The Grantee agrees that Agency or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement. The Grantee agrees to provide Agency, or its designee, with any i Homeless Housing, Assistance and Prevention Program c NOFA Date: December 6, 2019 g Exhibit C Page 17 of 25 County of Fresno 20-HHAP-00096 Page 15 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS relevant information requested. The Grantee agrees to give Agency or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have Information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the Homeless Housing, Assistance, and Prevention Program laws, the HHAP program guidance document published on the website, and this Agreement. B. Record Retention The Grantee further agrees to retain all records described in suboaraaraphhAA for a minimum period of five (5) years after the termination of this Agreement. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it. 6. Breach and Remedies A. Breach ment Breac &thfis Agre h went'nciudes, but is nothmited`to, the following events, 1. Grantee's failure to comply with the terms or conditions of this Agreement. 2. Use of, or permitting the use of, HHAP funds provided under this Agreement for any ineligible activities. 3. Any failure to comply with the deadlines set forth in this Agreement. B. Remedies for Breach of Agreement In addition to any other remedies that may be available to Agency'in law or equity for breach of this Agreement,Agency may: 1.. Bar the Grantee from applying for future HHAP funds; 2. Revoke any other existing HHAP award(s)to the Grantee; 3. Require the return of any unexpended HHAP funds disbursed under this Agreement; 4. Require repayment of HHAP funds disbursed and expended under this Ag reement; i Homeless Housing, Assistance and Prevention Program I NOFA Date: December 6, 2019 Exhibit C Page 18 of 25 County of Fresno 20-HHAP-00096 Page 16 of 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 5. Require the immediate return to Agency of all funds derived from the use of i HHAP funds including, but not limited to, recaptured funds and returned funds; and 6. Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the technical assistance in accordance with HHAP requirements. C. All remedies available to Agency are cumulative and not exclusive. D. Agency may give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days. 7. Waivers i i I No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Agency to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Agency to enforce these provisions. S. Nondiscrimi anion. During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex(gender), sexual orientation, gender identity., gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Grantees and subGrantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment, Grantee and its subreciplents shall Comply with the provisions of California's laws against discriminatory practices relating to specific groups; the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.), the regulations promulgated thereunder(Cal. Code Regs., tit. 2, § 11000 et seq ); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135 - 11139.6). Grantee and its subrecipients shall give written notice of their obligations Homeless Housing, Assistance and Prevention Program I NOFA Date: December 6, 2019 I Exhibit C Page 19 of 25 County of Fresno 20-HHAP-00096 Page 17 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS under this clause to labor organizations with which they have a collective bargaining or other agreement. 9. Conflict of Interest All Grantees are subject to state and federal conflict of interest laws. For instance, Health and Safety Code section 50219, subdivision (h) states, "FDr purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county." Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections'10410 and 10411. i -_ A: Current State-EMp(oy6w No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own 'behalf as an independent Grantee with any State agency to provide goods or services. B. Former State Employees: For the two--year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter Into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service, C. Homeless Housing,Assistance and Prevention Program NOFA Date: December 6,2019 i Exhibit C Page 20 of 25 County of Fresno 20-HHAP-00096 Page 18 of 23 Homeless Housing, Assistance and Prevention Standard Agreement i EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL. TERMS AND CONDITIONS C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the a Political Reform Act of 1974 (Gov. Code, § 81000 et seq.). D. Representatives of a County: A representative of. a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial E. interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county. 10. Drug-Free Wo:rltplace Certification Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by tatting the following actions: A. Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code section 8355, subdivision (a)(1). B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355, subdivision (a)(2) to inform employees., Grantees, or subrecipients about all of the following: 1. The dangers of drug abuse in the workplace; 2. Grantee's policy of maintaining a drug-free workplace; 3. Any available counseling, rehabilitation, and employee assistance program; and 4. Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations. i Homeless Housing, Assistance and Prevention Program N©FA Date: December 8, 2019 Exhibit C Page 21 of 25 i County of Fresno 20-HHAP-00096 Page 19 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS C. Provide, as required by Government Code section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement: 1. Will receive a copy of Grantee's drug-free policy statement, and 2. Will agree to abide by terms of Grantee's condition of employment or subcontract. i 11. Child Support Compliance Act For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that: A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry mair talned by the California Employment Development Department. I 12. Special Conditions —Grantees/SubGrantee The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit D. These conditions shall be met to the satisfaction of Agency prior to disbursement of funds. The Grantee shall ensure that all SubGrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of HHAP funds. Failure to comply with these conditions may result In termination of this Agreement. A. The Agreement between the Grantee and any SubGrantee shall require the Grantee and its SubGrantees, if any, to: 1. Perform the work in accordance with Federal, State and Local housing and building codes, as applicable. i e a Homeless Housing,Assistance and Prevention Program NOFA Date:December 6, 2019 i Exhibit C Page 22 of 25 County of Fresno 20-HHAP-00096 Page 20 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT,C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 2. Maintain at least the minimum State-required worker's compensation for those employees who will perform the work or any part of it. 3. Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any SubGrantee in performing the Work or any part of it. 4. Agree to include all the terms of this Agreement in each subcontract. I 13. Compliani~g with State and Federal Laws, Rules, Guidelines and Regulations The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the HHAP program, the Grantee, its subrecipients; and all. eligible activities. Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal,.state, and local laws, `ri,iles or regulations affPGting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to Agency upon request. 14. Inspections A. Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. B. Agency reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, ` state and/or local requirements, and this Agreement. C. Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subreciplent until it is corrected. Homeless Housing,Assistance and Prevention Program NOFA Date: December 6,2019 Exhibit C Page 23 of 25 County of Fresno 20-HHAP-00096 Page 21 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 16. Litigation A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Agency, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable. D, The Grantee shall notify Agency immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or Agency, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Agency. I i I Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 Exhibit C Page 24 of 25 County of Fresno 20-HHAP-00096 Page 22 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. All proceeds from any interest-bearing account established by the Grantee for the deposit of HHAP funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of HHAP funds, must be used for HHAP-eligible activities. 2. Any housing-related activities funded with HHAP funds, including but not limited to emergency shelter, rapid-rehousing, rental.assistance, transitional housing and permanent supportive housing, must be in compliance or otherwise aligned with the core components of Housing First, pursuant to Welfare and Institutions Code section 8255, subdivision (b). 3. Grantee agrees to utilize its local Homeless Management Information System (HMIS) to track HHAP-funded projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by HHAP funding (e.g., by creating appropriate HHAP-specific funding sources and project codes in HMIS). 4. Grantee agrees to participate in the statewide data system or warehouse created by Agency to collect local data from California continuums of care through the HMIS, and sign any required data use agreements allowing Agency to access Grantee's p HMIS data for'that rpbse 5. If Grantee is a continuum of care or a county that accepted redirected funding from a continuum of care, it shall review and execute a data use agreement no later than July 31, 2020, In order to ensure compliance with Health and Safety Code section 602.19, subdivision (a)(7) and (10). Grantee's failure to timely execute a data use agreement will constitute a breach of this Agreement. In this event, BCSH, in its sole and absolute discretion, may exercise any and all remedies permitted by this Agreement or by applicable law. i i H `ameles� Housing,Assistance and Prevention Program NOFA Date: December 6,2019 Exhibit C Page 25 of 25 County of Fresno 20-HHAP-00096 Page 23 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT E GENERAL TERMS AND CONDITIONS This exhibit is incorporated by reference and made part of this agreement. This document can be viewed at the following link: httl2s//www.dgs.ca.aoI/OL$`Resources/eacie-Content/Office of-Legal-Services- Resources-List Folder/Standard-Contract!-Languege 1I i i I 1 9 I Homeless Housing, Assistance and Prevention Program NO FA bate: December 6,2019 SCO ID: Exhibit D STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES Page 1 of25 Agreement No. 21-307 STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable) STD 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: START DATE Upon BCSH approval THROUGH 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 ofthe 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 hereby incorporated by reference and made part o this agreement as i attached hereto. These documents can be viewed othttps://www.dgs.co.gov/OLS/Resources IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BYTHE 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 JZIP 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 g � L 2,11 ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors CByount f nia Fresn A,Depu y Paqe 1 of 2 SCO ID: Exhibit D STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES Page 2 of 25 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 rr7es Castro Ramirez(Sep 20,202112:32 PDT) CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable) Page 2of2 Exhibit D 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 Initial Here Exhibit D CA-514 Fresno City & County/Madera County CoC Page 4 of 25 21-HHAP-00064 Page 2 of 23 funding are encouraged to reference the Guide to Strateqic 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 CA-514 Fresno City & County/Madera County CoC Page 5 of 25 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. �M Initial Here Exhibit D 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. Initial Here Exhibit D CA-514 Fresno City & County/Madera County CoC Page 7 of 25 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. 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 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("7a bcsh.ca.ggy. 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: 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 -S6' Initial Ffere Exhibit D 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. Initial Here Exhibit D 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 Initial Here Exhibit D 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 Initial Here Exhibit D Page 12 of 25 CA-514 Fresno City & County/Madera County CoC 21-H HAP-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. f) 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. Initial HGdre Exhibit D Page 13 of 25 CA-514 Fresno City & County/Madera County CoC 21-H HAP-00064 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(3- Initial Here Exhibit D Page 14 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 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. S� Initial Here Exhibit D Page 15 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 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. S�3 Initial Here Exhibit D Page 16 of 25 CA-514 Fresno City & County/Madera County CoC 21-H HAP-00064 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 Page 17 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 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: !S6 Initial Here Exhibit D Page 18 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 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 Here Exhibit D Page 19 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 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 Page 20 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 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 r A) Initial Here Exhibit D Page 21 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 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 SV3 Initial Here Exhibit D Page 22 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 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. 5� Initial Here Exhibit D Page 23 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 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 Page 24 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 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 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. Initial Here Exhibit D Page 25 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 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: h�tt a_s://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-Aril-2017- F{NALa ri12017. df?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. Initial Here