HomeMy WebLinkAboutAgreement A-22-489 with HCD.pdf SCO ID: Agreement No. 22-489
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable)
STD 213(Rev.04/2020) 21-ESG-16004
1.This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Department of Housing and Community Development(HCD)
CONTRACTOR NAME
County of Fresno
2.The term of this Agreement is:
START DATE
Upon HCD Approval
THROUGH END DATE
October 17,2023
3.The maximum amount of this Agreement is:
$314,682.00
4.The parties agree to comply with the terms and conditions of the following exhibits,which are by this reference made a part of the Agreement.
Exhibits Title Pages
Exhibit A Authority,Purpose,and Scope of Work 6
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C* General Terms and Conditions GTC-04/2
017
Exhibit D ESG Program Terms and Conditions 31
Exhibit E Project Specific Provisions and Special Terms and Conditions 2
Items shown with an asterisk(*),are hereby incorporated by reference and ma a part of this agreement as if attac a hereto.
These documents can be viewed atoms✓/www.dgs.ca.gov/OLS/Resources
IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.)
County of Fresno
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
2281 Tulare, Room#301 Fresno CA 93721
PRINTED NAME OF PERSON SIGNING TITLEChairman of the Board of Supervisors of
Brian Pacheco the County of Fresno
CONTRACTO IT RIZED SIGNATURE DATE SIGNED
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno,State of California
By Deputy
Page 1 of 2
SCO ID:
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable)
STD 213(Rev.04/2020) 21-ESG-16004
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Department of Housing and Community Development(HCD)
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2020 W.El Camino Avenue Sacramento CA 95833
PRINTED NAME OF PERSON SIGNING TITLE
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable)
Exempt per SCM Vol. 1 4.04.A.3 (DGS memo dated
6/12/1981)
Page 2of2
County of Fresno
21-ESG-16004
Page 1 of 6
Rev. 09/2021
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
1. Authority & Purpose
This Standard Agreement (hereinafter"Agreement")will provide official notification of the
conditional reservation of funds under the State of California's administration of the federal
Emergency Solutions Grants Program Allocation (hereinafter, "ESG " or the "Program") by the
Department of Housing and Community Development (hereinafter the "Department" or"HCD")
pursuant to the provisions of 42 USC 11371 —42 USC 11378, ("Federal Statutes"), the Catalog
of Federal Domestic Assistance Number 14.231, and 24 CFR Part 576, ("Federal Regulations")
and 25 California Code of Regulations (CCR) Section 8400 et seq. ("State Regulations")
all as shall be amended from time to time.
ESG provides funds for a variety of activities to address homelessness as authorized under the
federal Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH)Act of
2009 and State program requirements. The California Department of Housing and Community
Development (HCD) administers the ESG program with funding received from the U.S.
Department of Housing and Urban Development (HUD).
The ESG program provides grant funding to (1) engage homeless individuals and families living
on the street, (2) rapidly re-house homeless individuals and families, (3) help operate and
provide essential services in emergency shelters for homeless individuals and families, and (4)
prevent individuals and families from becoming homeless. This contract specifically provides
funding for specific program activities described in Exhibit D (3).
HCD receives ESG funds from the United States Department of Housing and Urban
Development (HUD) and then HCD (as Grantor) via this Agreement is making a grant of specific
ESG funds to a grantee, who is also known as the Contractor. In accepting this conditional
reservation of funds, the Contractor also, referred to as the "Administrative Entity" as defined in
the State Regulations agrees to comply with the terms and conditions of this Agreement, as it
relates to the ESG Notice of Funding Availability (NOFA) under which the Contractor applied,
the representations contained in the Contractor's Application for the ESG funding
allocations, and the requirements of the authorities cited above. Any and all changes made to
the submitted and awarded Application after this Agreement is executed must receive prior
written approval from the Department.
For purposes of this agreement Contractor is the Contractor identified in the Std. 213 and which
is further defined in Exhibit D definitions section.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 2 of 6
Rev. 09/2021
EXHIBIT A
2. Scope of Work
A. Contractor shall perform the Scope of Work ("Work") required as described in this
Agreement and in the Application, which is on file electronically with the Department
and which is incorporated herein by reference. Contractor shall be responsible for
ensuring its selected homeless service providers perform the Work set forth in Exhibit E
of this Agreement. All written materials or alterations submitted as addenda to the
original Application, and which are approved in writing by the Department are hereby
incorporated as part of the Application. The Department reserves the right to require the
Contractor to modify any or all parts of the Application in order to comply with ESG
requirements. The Department reserves the right to monitor all Work to be performed
by the Contractors and service providers in relation to this Agreement. Any proposed
revision to the Scope of Work must be submitted in writing for review and approval by
the Department and may require an amendment to this Agreement. Approval shall not
be presumed unless such approval is made by the Department in writing.
B. Contractor shall perform the Work, only in the areas as identified, and in
accordance with the approved ESG Application and as required by Federal ESG
requirements at 24 CFR Section 576 and 25 CCR Section 8403. Contractor's selected
homeless service providers shall provide services in the areas identified in
the application/award recommendation package submitted to the Department. Services
shall be provided by the Contractor and the Contractor's funded service providers for at
least the term of the ESG grant. For the purposes of performing the Scope of Work, the
Department agrees to provide the amount(s) identified in Exhibit E. Unless amended in
writing, the Department shall not be liable for any costs in excess of the total approved
budget. The Department shall not, under any conditions, be liable for any unauthorized
or ineligible costs or activities.
3. Allocation of funds is based on Section State Regulations, Section 8402, Effective Date
and Commencement of Work
This Agreement was effective upon the date of the Department representative's signature on
page one of the fully executed Standard Agreement, STD 213, (the "Effective Date"). In
addition, no Program funds shall be incurred until any required environmental review process
has been completed, as required under 24 CFR 58. Contractor agrees that the Work shall be
completed by the expenditure date specified in Exhibit E.2.
A. Contractor must obligate all funds within one hundred and twenty (120) days from the
date of the award notification letter for funding. "Obligate" means that the Contractor
has placed orders, awarded contracts, received services, or entered similar transactions
that require payment from the grant amount. In the case of an award made to
a general-purpose local government, also known as an "Administrative Entity," that
subcontracts with private nonprofit organizations via letters of awards and Service
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE) Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 3 of 6
Rev. 09/2021
EXHIBIT A
Provider Agreements, the service providers are subject to obligate the funds within one
hundred and twenty (120) days from the date of the award notification letter received by
the general purpose local government.
B. Contractor agrees to provide documentation satisfactory to the Department evidencing
the obligation of ESG funds within one hundred and twenty (120) days from the date the
Department made grant funds available to the Contractor. If the Contractor fails to
provide such documentation, the Department may disencumber any portion of the
amount authorized by this Agreement with a fourteen (14) day written notification.
C. Contractor and its service providers agree that the Work shall be completed by
the expenditure date specified in Exhibit A, Section 4 and that the Work will be provided
for the full term of this Agreement.
4. Term of Agreement and Deadlines
A. This Agreement will expire on the date described in Exhibit E, Provision Ex. A-E.2.
B. All Program funds shall be expended by the date described in Exhibit E, Provision Ex. A-
E.2.
C. All Final Request for Funds (RFF) shall be submitted to the Department within thirty (30)
days after the expenditure deadline.
D. Reimbursements will not be made after this Agreement expires.
E. The first funds request must be submitted within 120 days from the execution date of this
Agreement. Contractors are encouraged to submit a request for funds monthly and must
submit one quarterly. If this expenditure expectation is not met, the Department
reserves the right to mandate a corrective action or remediation plan to ensure future
timely expenditure of ESG funds. (Title 24 Section 576.203)
F. HCD may establish minimum disbursement amounts or other related procedures
necessary for the efficient administration of the ESG program.
G. Expenditure Milestone Expectations
a. Contractor must expend at least 50 percent of their award 6 months prior to the
expenditure deadline referenced in Exhibit E.
b. Should the Contractor not meet the expenditure milestone, The Department, in its
sole and absolute discretion, reserves the right to recapture unexpended funds.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE) Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 4 of 6
Rev. 09/2021
EXHIBIT A
c. Expenditure Milestone Expectations are described in Exhibit E, Provision Ex. A— E.3
Deadlines for Obligating Funds:
(i) Within 60 days from the date that HUD signs the grant agreement with the State (or grant
amendment for reallocated funds), the recipient must obligate the entire grant, except the
amount for its administrative costs. This requirement is met by a subgrant agreement with, or a
letter of award requiring payment from the grant to, a Contractor.
(ii) Within 120 days after the date that the State obligates its funds to a unit of general-purpose
local government, the Contractor must obligate all of those funds by a subgrant agreement with,
or a letter of award requiring payment to, a private nonprofit organization; a procurement
contract; or the written designation of a department within the government of the Contractor to
directly carry out an eligible activity.
(a) Expenditures. The recipient must draw down and expend funds from each year's grant not
less than once during each quarter of the recipient's program year. All of the recipient's grant
must be expended for eligible activity costs within 24 months after the date HUD signs the grant
agreement with the recipient. For the purposes of this paragraph, expenditure means either an
actual cash disbursement for a direct charge for a good or service or an indirect cost or the
accrual of a direct charge for a good or service or an indirect cost.
(b) Payments to Contractors. The recipient must pay each Contractor for allowable costs within
30 days after receiving the Contractor's complete payment request. This requirement also
applies to each Contractor that is a unit of general-purpose local government.
The Department may impose sanctions, as well as any other remedies available to it under law,
on a Contractor for failure to abide by any State and federal laws and regulations applicable to
the ESG program. As the Department deems appropriate or necessary, sanctions include,
without limitation, any or all of the following:
(a) Conditioning a future ESG grant on compliance with specific laws or
regulations;
(b) Directing a Contractor to stop incurring costs under the current grant;
(c) Requiring that some or all of the grant amounts be remitted to the Department;
(d) Reducing the amount of grant funds, a Contractor would otherwise be
entitled to receive;
(e) Electing not to award future grant funds to a Contractor and prohibiting an
Administrative Entity from awarding to a particular Contractor of the Administrative Entity
until appropriate actions are taken to ensure compliance with ESG requirements; and/or;
(f) Taking any other actions permitted pursuant to 24 CFR 576.501 and 25 CCR Section 8416
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE) Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 5 of 6
Rev. 09/2021
EXHIBIT A
5. Scope of Work Revisions and Amendments
A. Contract Revisions: Adjustments to the Scope of Work that do not require an increase or
reduction of activity scope, or a change in the type of beneficiaries assisted may be
completed as a Contract Revision. Contract Revisions must be approved by the
Department in writing prior to implementation. If approved, Contract Revisions shall
automatically be deemed a part of, and incorporated into, this Agreement. Approval shall
be provided either through the online grant management system, or in writing, as
appropriate. Contract Revisions shall include but not be limited to:
1) Budget revisions which do not change the total award amount.
2) Changes to the Authorized Representative supported by the Resolution of the
Authorizing Board
3) Proposals make by the Administrative Entity to change the funded provider or
eligible activity consistent with CCR Section 8403 if necessary, to meet the
requirements of this Chapter or to expend its funding allocation. Any change
must still comply with the requirements of CCR 8408 and CCR 8409.
4) Line-item changes to the budget provided that the Contractor notifies the
Department of the need for changes to update IDIS.
B. Line-item changes representing more than 25 percent of the overall budget requires a
contract amendment as referenced in CCR Section 8408 and CCR Section 8409 and CCR
8411.
6. ESG Program Contract Management
A. Department Contract Manager: For purposes of this Contract the ESG Program
Contract Manager for the Department is the Program Manager of the ESG Program in
the Division of Federal Financial Assistance, or such person's designee. Written
communication regarding this Contract shall be directed to the ESG Program
Representative at the following address:
Department of Housing and Community Development
Division of Financial Assistance, Federal Programs Branch
Emergency Solutions Grants Program Representative
2020 West El Camino Ave, Suite 200
Sacramento, California 95822
Email: ESGNOFA(a)hcd.ca.gov
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE) Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 6 of 6
Rev. 09/2021
EXHIBIT A
B. Contract Management: Day-to-day administration of this Contract shall take place
through the eCivis online grant management system, including, but not limited to:
1) Requests for Funds Forms;
2) Budget Revision Forms;
3) Annual Reports;
4) Submittal of any and all requested supporting documentation;
5) Standard Agreement Revisions (non-material contract changes);
6) Standard Agreement Amendments (material contract changes).
C. Contract Administrator: The Contract Administrator must be a Contractor employee as
identified in Exhibit E, Profile. Any notice, report, or other communication required by this
Contract shall be directed to the Contract Administrator at the contact information
identified in Exhibit E, Profile. Written communication shall be directed to the Contract
Administrator as identified in the Contractor Profile as referenced in Exhibit E.
7. Capacity to Contract
Contractor has the capacity and authority to fulfill the obligations required of and nothing
prohibits or restricts the right or ability of Contractor to carry out the terms hereof.
8. Authority to Execute
Each Party executing this Agreement represents that it is authorized to execute this Agreement.
Each person executing this Agreement on behalf of an entity, other than an individual executing
this Agreement on their own behalf, represents that they are authorized to execute this
Agreement on behalf of said entity.
9. Contractor's Contract Coordinators
Contractor's Authorized Representative for the Contract is identified in Exhibit E. Unless
otherwise informed, any notice, report or other communication required by this Contract will be
mailed by first class mail to the address as shown in Exhibit E. Provision Ex. A— EA
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE) Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 1 of 4
Rev. 09/2021
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Budget
Budget Detail: ESG funds shall be used for the activities as detailed in Exhibit E Provision Ex. B
— E.1 of this Agreement, as described under federal ESG regulations at 24 CFR Part 576,
Subpart B — Program Components and Eligible Activities and Title XI I, Homeless Assistance
Section.
2. Availability of Funds
The Department's provision of funding to Contractor pursuant to this Agreement is contingent on
the continued availability of ESG funds and continued federal authorization for ESG activities,
as well as the conditions set forth in Exhibit D, Section 3. The Department's provision of funding
is subject to amendment or termination due to lack of funds or proper authorization. This
Agreement is subject to written modification or termination, as necessary, by the Department in
accordance with requirements contained in any future state or federal legislation and/or state or
federal regulations. All other modifications must be in written form and approved by both parties.
3. Method of Payment
Payments to Contractor shall be made on a reimbursement basis with the exception that a
Contractor may request an operating advance of$5,000.00 or thirty (30) days working capital,
whichever is greater. A request for an operating advance must be received by the Department
within sixty (60) days of the Effective Date of this Agreement. To receive payment for the Work
performed, or to receive an operating advance, the Contractor must submit, on forms provided
by the Department, a duly executed ESG Request for Funds (RFF). The Contractor shall submit
all RFFs to the Department, as referenced in Exhibit A, Section 5 via the online eCivis Grants
Network portal. Each Request for Funds (RFF) must also be accompanied by a completed
Detailed Expense Report (DER) as provided by the Department. The Department shall not
authorize payments unless it determines that the Work has been performed in compliance with
the terms of this Agreement. Contractor shall not receive an operating advance or be
reimbursed for expenditures incurred prior to the Effective Date of this Agreement, unless
otherwise approved by the Department pursuant to Exhibit D, Section 11. Reimbursements will
not be made after this Contract expires.
All Requests for Funds shall include expenditure detail. Pursuant to 24 CFR 576.201, all
Requests for Funds are required to show match documentation which includes match source
and amount. Contractor also certifies that detailed supporting documentation verifying each
expenditure is available and shall be retained by the Contractor for five (5) years after the
Department closes its HUD grant.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 2 of 4
Rev. 09/2021
EXHIBIT B
NOTE: Record retention is based on the Department's HUD closing date; NOT five (5) years
from this Agreement expiration. The retention requirement can extend beyond five (5) years
after this Agreement expires. Therefore, the Contractor must contact the Department for the
specific record retention date for this Agreement.
Contractor shall not be reimbursed for expenditures incurred after the expiration date of this
Agreement, as set forth in Exhibit E, Provision Ex.-A.2.
4. Budget Changes
After the Effective Date of this Agreement, no changes shall be made to the program budget,
funded homeless service providers, or eligible activities without prior written approval from the
Department. Any changes to this Agreement must be made in writing and approved by both the
Department and the Contractor The proposed change/s must be consistent with 24 CFR
576.500(y).
Contractor agrees to notify the Department in writing of any line item changes to the budget
needed for the Department to update the federal Integrated Disbursement and Information
System (IDIS). For line item changes representing more than twenty-five (25) percent of the
overall project budget, a contract amendment is required (CCR 8411).
5. Ineligible Costs
A. ESG funds shall not be used for costs associated with activities in violation of any law or
for any activities considered ineligible per 24 CFR 576. The Department reserves the
right to request additional information and clarification to determine the reasonableness,
necessity and eligibility of all costs to be paid with ESG funds made available by this
Agreement. If Contractor or its funded service providers use ESG funds for the costs of
ineligible activities, Contractor shall be required to reimburse these funds to the
Department immediately. Further, Contractor shall be prohibited from applying to the
Department for subsequent ESG funds until the Department is fully reimbursed
B. An expenditure which is not authorized by this Contract, or which cannot be adequately
documented, must be immediately repaid to the Department or its designee, by the
Contractor. Expenditures for work, not described in Exhibit A, Section 1 above, shall be
deemed authorized only if the performance of such work is approved in writing by the
Department prior to the commencement of such work.
C. The Department, at its sole and reasonable discretion, shall make the final determination
regarding the allowability of expenditures.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 3 of 4
Rev. 09/2021
EXHIBIT B
D. Pursuant to State ESG Regulations CCR 8408(d), funds shall not be used for
Renovation, Conversion, Major Rehabilitation activities as defined in 24 CFR 576.2, and
576.102. Minor repairs to an ESG-funded Emergency shelter that do not qualify as
Renovation, Conversion or Major Rehabilitation are an eligible use of State ESG funds.
6. Indirect Costs
Contractors and/or service providers will allow their providers to seek reimbursement for indirect
costs. The applicant must:
A. Comply with all OMB requirements and standards including 2 CFR 200.403, 200.415,
and Part 200 Appendix IV;
B. Certify that any providers seeking reimbursement for indirect costs at the de minimis rate
of 10%, do not meet the definition of a major nonprofit organization as defined by OMB 2
CFR 200.414; and,
C. Maintain records including evidence of the Modified Total Direct Cost (MTDC), per
2 CFR Section 200.68 calculations, indirect cost limits, and supporting documentation for
actual direct cost billing.
D. Pursuant to 2 CFR Section 200.331(a)(4), the Indirect Cost Rate for the Subrecipient
shall be an approved federally recognized indirect cost rate negotiated between the
Subrecipient and the Federal government, or, if no such rate exists, the De Minimis
indirect cost rate as defined in 2 CFR Section 200.414(b) Indirect (F&A) costs. Indirect
costs may be allocated to each eligible activity under Section 576.101 through Section
576.108, so long as that allocation is consistent with 2 CFR Part 200, Subpart E.
Subrecipient shall maintain records including evidence of the Modified Total Direct Cost
(MTDC), per 2 CFR Section 200.68 calculations, indirect cost limits, and supporting
documentation for actual direct cost billing.
7. Duplication of Benefits
Pursuant to both Federal and State law all ESG costs must be: (1) necessary (2) reasonable (3)
if applicable, there can be no duplication of benefit (4) ESG funds cannot be used to supplant
local or state resources, and (5)Applicant must guard against fraud (see section 35 in Exhibit D)
and ineligible uses of ESG funds and (See 24 CFR Section 576.1; Housing (HEARTH)Act of
2009 SEC. 402 (f)(3)(A), 24 CFR Section 576.107(3)(a), 24 CFR Section 576.400(f)) .
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 4 of 4
Rev. 09/2021
EXHIBIT B
8. Compatibility of Program Funds
"It is the duty and responsibility of each Applicant to review the provisions, requirements, and
limitations of all funding sources applied for and obtained for a particular project, program, or
activity in order to ensure that each and every requirement of those funding sources are
compatible with all HCD program requirements and restrictions. Incompatibility of funding
sources will result in the denial or cancellation of an award or may result in the placement of
conditions or limitations on an award, all as determined by HCD in its sole and absolute
discretion."
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
General Terms and Conditions (GTC 04/2017)
EXHIBIT C
1. APPROVAL: This Agreement is of no force or effect until signed by both parties
and approved by the Department of General Services, if required. Contractor
may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be
valid unless made in writing, signed by the parties and approved as required. No
oral understanding or Agreement not incorporated in the Agreement is binding on
any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in
whole or in part, without the consent of the State in the form of a formal written
amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General
Services, the Bureau of State Audits, or their designated representative shall have
the right to review and to copy any records and supporting documentation pertaining
to the performance of this Agreement. Contractor agrees to maintain such records for
possible audit for a minimum of three (3) years after final payment, unless a longer
period of records retention is stipulated. Contractor agrees to allow the auditor(s)
access to such records during normal business hours and to allow interviews of any
employees who might reasonably have information related to such records. Further,
Contractor agrees to include a similar right of the State to audit records and interview
staff in any subcontract related to performance of this Agreement. (Gov. Code
§8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the
State, its officers, agents and employees from any and all claims and losses accruing
or resulting to any and all contractors, subcontractors, suppliers, laborers, and any
other person, firm or corporation furnishing or supplying work services, materials, or
supplies in connection with the performance of this Agreement, and from any and all
claims and losses accruing or resulting to any person, firm or corporation who may be
injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this
Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be
relieved of any payments should the Contractor fail to perform the requirements of
this Agreement at the time and in the manner herein provided. In the event of such
termination the State may proceed with the work in any manner deemed proper by
the State. All costs to the State shall be deducted from any sum due the Contractor
under this Agreement and the balance, if any, shall be paid to the Contractor upon
demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of
Contractor, in the performance of this Agreement, shall act in an independent
capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty
of perjury, the minimum, if not exact, percentage of post-consumer material as
defined in the Public Contract Code Section 12200, in products, materials, goods, or
supplies offered or sold to the State regardless of whether the product meets the
requirements of Public Contract Code Section 12209. With respect to printer or
duplication cartridges that comply with the requirements of Section 12156(e), the
certification required by this subdivision shall specify that the cartridges so comply
(Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement,
Contractor and its subcontractors shall not deny the contract's benefits to any person
on the basis of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, sexual orientation, or military
and veteran status, nor shall they discriminate unlawfully against any employee or
applicant for employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information,
marital status, sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status. Contractor shall insure that the evaluation
and treatment of employees and applicants for employment are free of such
discrimination. Contractor and subcontractors shall comply with the provisions of the
Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations
promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of
Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code
§§11135-11139.5), and the regulations or standards adopted by the awarding state
agency to implement such article. Contractor shall permit access by representatives
of the Department of Fair Employment and Housing and the awarding state agency
upon reasonable notice at any time during the normal business hours, but in no case
less than 24 hours' notice, to such of its books, records, accounts, and all other
sources of information and its facilities as said Department or Agency shall require to
ascertain compliance with this clause. Contractor and its subcontractors shall give
written notice of their obligations under this clause to labor organizations with which
they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,
§11105.)
Contractor shall include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 04/2017 are hereby incorporated by reference
and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein,
shall be in compensation for all of Contractor's expenses incurred in the
performance hereof, including travel, per diem, and taxes, unless otherwise
expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in
accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies
that if these services or goods are obtained by means of a competitive bid, the
Contractor shall comply with the requirements of the Government Codes
Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following
definitions:
1) "Public purchase" means a purchase by means of competitive bids of
goods, services, or materials by the State or any of its political
subdivisions or public agencies on whose behalf the Attorney General may
bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or
agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and
agrees that if the bid is accepted, it will assign to the purchasing body all
rights, title, and interest in and to all causes of action it may have under
Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright
Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of
the Business and Professions Code), arising from purchases of goods,
materials, or services by the bidder for sale to the purchasing body
pursuant to the bid. Such assignment shall be made and become effective
at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
C. If an awarding body or public purchasing body receives, either through
judgment or settlement, a monetary recovery for a cause of action
assigned under this chapter, the assignor shall be entitled to receive
reimbursement for actual legal costs incurred and may, upon demand,
recover from the public body any portion of the recovery, including treble
damages, attributable to overcharges that were paid by the assignor but
were not paid by the public body as part of the bid price, less the expenses
incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year
from such demand, reassign the cause of action assigned under this part if
the assignor has been or may have been injured by the violation of law for
which the cause of action arose and (a) the assignee has not been injured
thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of
$100,000, the contractor acknowledges in accordance with Public Contract Code
7110, that:
a. The contractor recognizes the importance of child and family support
obligations and shall fully comply with all applicable state and federal laws
relating to child and family support enforcement, including, but not limited
to, disclosure of information and compliance with earnings assignment
orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the
earnings assignment orders of all employees and is providing the names
of all new employees to the New Hire Registry maintained by the
California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement
is unenforceable or held to be unenforceable, then the parties agree that all other
provisions of this Agreement have force and effect and shall not be affected
thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess
of $200,000, the Contractor shall give priority consideration in filling vacancies in
positions funded by the Contract to qualified recipients of aid under Welfare and
Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION
REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small
business participation, then Contractor must within 60 days of receiving
final payment under this Contract (or within such other time period as may
be specified elsewhere in this Contract) report to the awarding department
the actual percentage of small business participation that was achieved.
(Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled
veteran business enterprise (DVBE) participation, then Contractor must
within 60 days of receiving final payment under this Contract (or within
such other time period as may be specified elsewhere in this Contract)
certify in a report to the awarding department: (1) the total amount the
prime Contractor received under the Contract; (2) the name and address of
the DVBE(s) that participated in the performance of the Contract; (3) the
amount each DVBE received from the prime Contractor; (4) that all
payments under the Contract have been made to the DVBE; and (5) the
actual percentage of DVBE participation that was achieved. A person or
entity that knowingly provides false information shall be subject to a civil
penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code §
14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or
supplies then the following statement is incorporated: It is unlawful for any person
engaged in business within this state to sell or use any article or product as a "loss
leader" as defined in Section 17030 of the Business and Professions Code. (PCC
10344(e).)
County of Fresno
21-ESG-16004
Page 1 of 31
Rev. 09/2021
EXHIBIT D
ESG PROGRAM TERMS AND CONDITIONS
1. Federal Grant Identification
HUD Grant No: E-21-DC-06-0001
CFDA Number: 14.231
Date HUD Grant Agreement Signed: September 01, 2021
2. Definitions
A. In addition to the definitions found in 42 U.S.C. section 11371 (section 411) and 24
C.F.R. section 576.3the following definitions shall apply to this subchapter
1) "Action Plan" means the annual plan required by HUD pursuant to 24 CFR Part
91 governing the distribution and use of ESG funds allocated by HUD to states
and local governments.
2) "Administrative activities" is defined at 24 CFR 576.108.
3) "Administrative Entity" means a Unit of general-purpose local government
approved by the Department.
4) "Application" means Contractor's ESG application submitted in response to the
ESG NOFA.
5) "At Risk of Homelessness" as defined in 24 CFR 576.2
6) "City" is defined at 42 U.S.C. section 5302(a)(5).
7) "Continuum of Care" is defined under 24 CFR 576.2. means the group composed
of representatives of relevant organizations, which generally includes nonprofit
homeless providers; victim Service Providers; faith-based organizations;
governments; businesses; advocates; public housing agencies; school districts;
social Service Providers; mental health agencies; hospitals; universities;
affordable housing developers; law enforcement; organizations that serve
homeless and formerly homeless veterans, and homeless and formerly homeless
persons that are organized to plan for and provide, as necessary, a system of
outreach, engagement, and assessment; emergency shelter; rapid re-housing;
transitional housing; permanent housing; and prevention strategies to address
the various needs of homeless persons and persons at risk of homelessness for
a specific geographic area.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE) Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 2 of 31
Rev. 09/2021
EXHIBIT D
8) "Continuum of Care Service Area" means the entire geographic area within the
boundaries of an Eligible Continuum of Care.
9) "Contract" see "Standard Agreement" defined below.
10) "Contractor" means a state law contractor entity that enters into a Standard
Agreement (STD 213)with the Department for ESG funds, per(State Contacting
Manual, Glossary; CCR 8401), and becomes a federally defined subrecipient
under 24 CFR 576.2 Definitions, see 200 CFR 1, 331, but not a federally defined
contractor under 200 CFR 331. Subrecipient is often used synonymously with
contractor.
11) "Coordinated Entry" means the system of program access, needs assessment
and prioritization developed by a Continuum of Care pursuant to 24 CFR 576.400
(d), and associated HUD requirements and guidance. This term is also known as
"Coordinated Entry System", "Coordinated Assessment" or"Centralized
Assessment".
12) "Core Practices" means the practices and protocols of delivering ESG Eligible
activities as specified in 24 CFR 576.
13) "Department" means the California Department of Housing and Community
Development.
14) "ESG" is the acronym for the Emergency Solutions Grants program.
15) "Eligible Activities" mean those activities upon which ESG funds may be
expended as defined under 24 CFR 576, Subpart B. Additionally, Eligible
Activities may include or be limited by the State ESG Regulations, as applicable.
16) "Eligible Continuum of Care" means a Continuum of Care in the State that has
within its Service Area at least one Nonentitlement Area.
17) "Eligible Organization" means a Private Nonprofit Organization or a Unit of
General-Purpose Local Government that provides, or contracts with Private
Nonprofit Organizations to provide Eligible Activities.
18) "Emergency shelter" is any facility, the primary purpose of which is to provide a
temporary shelter for the homeless in general or for specific populations of
the homeless and which does not require occupants to sign leases or occupancy
agreements. Any project funded as an emergency shelter under a Fiscal Year
2010 Emergency Solutions grant may continue to be funded under ESG. 24 CFR
576.2.
19) "ESG Entitlement" means a Unit of General Purpose Local Government that
meets one of the following:
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 3 of 31
Rev. 09/2021
EXHIBIT D
a. is a Metropolitan City or Urban County as defined under 42 USC 5302
that receives an allocation of ESG funds directly from HUD;
b. is in a Nonentitlement Area that has entered into an agreement with an
Urban County to participate in that locality's ESG program, or
C. is a Metropolitan City or Urban County that have entered into a joint
agreement with one another to receive and administer a combined direct
allocation of ESG funds from HUD.
20) "ESG Entitlement Area" or"Entitlement Area" means the geography within an
ESG Entitlement's boundaries.
21) "ESG Nonentitlement" means a Unit of General-Purpose Local Government that
does not receive ESG funding directly from HUD and is not participating as an
ESG Entitlement Area.
22) "ESG Nonentitlement Area" means the geography within an ESG
None ntitlement's boundaries.
23) "Governing Board"— means Board of Supervisors for a County applicant and
means City Council for a city applicant.
24) "HMIS" means Homeless Management Information System as defined under 24
CFR 576.2. Use of the term "HMIS"within these regulations shall also include
use of a comparable database, as permitted by HUD under 24 CFR Part 576.
25) "Homeless" is defined at 24 CFR 576.2.
26) "Homelessness Prevention Activities" means activities or programs described in
24 CFR 576.103.
27) "HUD" means the United States Department of Housing and Urban
Development.
28) "NOFA" is the acronym for a "Notice of Funding Availability."
29) "Nonentitlement Area" is defined means an area which is not a metropolitan
city or part of an urban county and does not include Indian tribes. 42 U.S.C.
5302(7).
30) "Operations" means the category of ESG activities that includes shelter
maintenance, operation, rent, repairs, security, fuel, equipment, insurance,
utilities, food and furnishings.
31) "Private nonprofit organization" is defined at 24 CFR 576.2.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 4 of 31
Rev. 09/2021
EXHIBIT D
32) "Program" shall mean the Emergency Solutions Grants Program ("ESG").
33) "Rapid Re-Housing" means the activities set forth in 24 CFR 576.104.
34) "Service Area" has the same meaning as the term "Continuum of Care Service
Area".
35) "Service Providers" refer to "continuum of care" definition above
36) "Site" means one or more facilities where the program(s) is being carried out.
37) "Site Control" means the legal right to occupy and use the Site, as evidenced by
such things as:
a. a deed demonstrating ownership in fee title;
b. a lease demonstrating a leasehold interest in the Site and its
improvements for at least the term of the ESG grant,
C. an enforceable option to purchase or lease a site provided that such
option will be for at least the term of the ESG grant or
d. For rotating shelter programs, Site Control may include other evidence
provided by the applicant granting permission to use the site(s). Such
evidence must be approved by the Department in writing prior to the
deadline for submission of the ESG applications stated in the applicable
N O FA.
38) "Standard Agreement" means the contract entered into by the Department and
the ESG Administrative Entity (also known as Contractor) setting forth the basic
terms and conditions governing the awards of ESG funds.
39) "Subrecipient" means an entity that enters into a Standard Agreement with the
Department for general purpose local government or private nonprofit
organization to which a recipient makes available ESG funds. (CCR 8401). (24
CFR 576.2) Throughout this Standard Agreement is referred to as Contractor.
40) "Subcontractor" means an entity that is performing work as shown under
576.100(A)as described in Exhibit A, Section 2 ESG funds for a Contractor or
Service Provider.
41) "Unit of General Purpose Local Government' refer to 19 above. 24 CFR section
576.2.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 5 of 31
Rev. 09/2021
EXHIBIT D
42) "Written Standards" means the standards, policies, and procedures adopted by
an Administrative Entity for providing ESG Eligible Activities pursuant to the
requirements of 24 CFR 576.400 (e).
Note: Authority cited: Section 50406(n), Health and Safety Code. Reference: 42 U.S.C.
5302, 42 U.S.C. 11302, 42 U.S.C. 11371, 42 U.S.C. 11373, 24 C.F.R. 576.3 24 C.F.R.
576.400, and CFR 576.2.
3. Eligible Activities
ESG funds awarded to the Contractor shall be used for the Eligible Activities set forth in Exhibits
B and D, as permitted under the federal ESG regulations at 24 CFR Part 576. The following
additional provisions or requirements shall apply:
A. For Rapid Rehousing (RR) and Homelessness Prevention (HP) activities, no
subpopulation targeting will be permitted except if documentation of all of the following is
provided to the Department prior to the award of funds for these activities and is
approved by the Department:
1) Evidence that there is an unmet need for these activities for the subpopulation
proposed for targeting; and,
2) Evidence that there is existing funding in the Continuum of Care Service Area for
programs that address the needs of the excluded populations for these activities.
B. Pursuant to 2 CFR 200.414(f) OMB requirements, Contractor may permit homeless
service providers receiving ESG funds to charge an indirect cost allocation to their grant.
The indirect cost allocation may not exceed ten percent (de-minimis) of the allowable
direct costs under the ESG activity unless a higher limit for the indirect cost allocation
has been approved by the applicable federal agency pursuant to OMB requirements.
Indirect Costs are those that have been incurred for common or joint objectives and
cannot be readily identified with a particular final cost objective or activity.
C. Contractor shall receive a portion of its ESG grant allocation for the payment of
administrative costs. The amounts available for administrative activities will be
announced in the Annual Action Plan and NOFA.
D. Rental assistance payments provided as part of an RR or HP activity under 24 CFR Part
576.106 cannot exceed HUD's Fair Market Rent (FMR) as provided under 24 CFR Part
888 and must comply with HUD's standard for rent reasonableness as established under
24 CFR Part 982.507. Contact your HCD representative in the Federal Programs Branch
for further assistance.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 6 of 31
Rev. 09/2021
EXHIBIT D
E. All provisions of 24 CFR 576 shall apply including, but not limited to the following:
1) The maximum allocation spending cap on Emergency Shelter and street
outreach activities of sixty percent (60%) of the aggregate amount of assistance
provided for the contractor established pursuant to 24 CFR 576.100(b).
2) None of the ESG funds provided may be used to require people experiencing
homelessness to receive treatment or perform any other prerequisite activities as
a condition for receiving shelter.
3) A maximum of ten (10) percent of the funds provided under this Agreement may
be used for Homeless Management Information System (HMIS) activities.
4) ESG funds shall not be used for Renovation, Conversion, or Major Rehabilitation
activities pursuant to 24 CFR 576.102. Minor repairs to an ESG funded
Emergency Shelter that do not qualify as Renovation, Conversion, or Major
Rehabilitation are an eligible use of ESG funds (CCR 8408(d)).
5) No less than 40% of the total funds available to the Contractor must be awarded
to Rapid Rehousing.
6) Administrative Entities partnering with a neighboring Continuum of Care from the
Balance of State Allocation must award 100% of both Service Area formula
allocations to Rapid Rehousing.
7) For Rapid Rehousing and Homelessness prevention activities, no subpopulation
targeting will be permitted except if documentation of all of the following is
provided to the Department prior to the award of funds for these activities: 1) that
there is an unmet need for these activities for the subpopulation proposed for
targeting, and (2) that there is existing funding in the Continuum of Care Service
Area for programs that address the needs of the excluded populations for these
activities.
4. State Contract Manual Requirements (Section 3.11, Federally Funded Contracts
(Rev. 3/03)
All contracts, except for State construction projects that are funded in whole or in part by
the Federal government, must contain a thirty-day cancellation clause and the following
provisions:
A. It is mutually understood between the parties that this Agreement may have been written
for the mutual benefit of both parties before ascertaining the availability of congressional
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 7 of 31
Rev. 09/2021
EXHIBIT D
appropriation of funds to avoid Program and fiscal delays that would occur if the
Agreement were executed after that determination was made.
B. This Agreement is valid and enforceable only if sufficient funds are made available to the
State by the United States Government for the purpose of this Program. In addition, this
Agreement is subject to any additional restrictions, limitations, or conditions enacted by
Congress or to any statute enacted by Congress that may affect the provisions, terms, or
funding of this contract in any manner.
C. The parties mutually agree that if Congress does not appropriate sufficient funds for the
Program, this Agreement shall be amended to reflect any reduction in funds.
D. The Department has the option to invalidate the contract under the thirty (30)- day
cancellation clause or to amend the contract to reflect any reduction in funds.
5. Sufficiency of Funds and Termination
A. The Department may terminate this Agreement at any time for cause by giving a
minimum of fourteen (14) days' notice of termination, in writing, to the Contractor. Cause
shall consist of: violations of any terms and/or special conditions of this Agreement; the
Federal Statutes; the Federal Regulations; the State Regulations; withdrawal of the
Department's expenditure authority. Upon termination of this Agreement, unless
otherwise approved in writing by the Department, any unexpended funds received by the
Contractor shall be returned to the Department within thirty (30) days of the Notice of
Termination.
B. This Agreement may have been written before determining the availability of
congressional appropriation of funds. It is mutually understood between the parties that
this Agreement is written for the mutual benefit of both parties to avoid program and
fiscal delays.
C. This Agreement is valid and enforceable only if sufficient funds are made available to the
Department by the United States Government for the purposes of this Program. In
addition, this Agreement is subject to any additional restrictions, limitations or conditions,
or statute, regulations or any other laws, whether federal or of the State of California, or
of any agency, department, or any political subdivision of the federal or the State of
California governments, which may affect the provisions, terms or funding of this
Agreement in any manner.
D. It is mutually agreed that if the Congress does not appropriate sufficient funds for the
Program, this Agreement shall be amended to reflect any reductions in funds.
E. The Department has the option to terminate this Agreement under the thirty (30) day
cancellation clause or to amend this Agreement to reflect any reduction of funds.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 8 of 31
Rev. 09/2021
EXHIBIT D
F. Contractor shall administer termination of assistance in accordance with 24 CFR
576.402.
6. Transfers
Contractor may not transfer 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 the Department and a formal amendment to this Agreement to affect such
subcontract or novation.
7. Contractors and Service Providers
A. Contractor, or its Service Providers, shall not enter into any Agreement, written or oral,
with any subcontractor without the prior written determination by the Department of the
Contractor's eligibility. A Contractor or Service Provider is not eligible to receive grant
funds if the subcontractor is not licensed and in good standing in California or is listed on
the Federal Consolidated List of Debarred, Suspended and Ineligible Contractors.
B. Any party to a third-party agreement between the Contractor Subrecipient or Service
Provider, and any contractor or subcontractor hired by the Subrecipient or Service
Provider shall require the contractor or subcontractor, if any, to do the following:
1) Perform the Work in accordance with Federal, State and local housing and
building codes, as applicable.
2) Comply with the labor standards described in this Exhibit, Section 21, as
applicable. In addition to the requirements of this Exhibit, all contractors and
subcontractors must comply with the provisions of the California Labor Code, as
applicable.
3) Comply with the applicable Equal Opportunity Requirements, described in this
Exhibit, Section 15.
4) Maintain at least the minimum State-required worker's compensation insurance
for those employees who will perform the Work or any part of it.
5) Maintain, as required by law, unemployment insurance, disability insurance, and
liability insurance in an amount to be determined by the Department, which is
reasonable to compensate any person, firm, or corporation who may be injured
or damaged by the Contractor or any subcontractor in performing the Work or
any part of it. Such insurance shall be endorsed to include a waiver of
subrogation rights against the Department its officers, officials, employees,
volunteers, agents, and representatives. Such policies shall be written by
California licensed insurers with Best ratings of not less than A: VII in the most
recent edition of Best Rating Guide.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 9 of 31
Rev. 09/2021
EXHIBIT D
6) Contractor agrees to include all the terms of this Contract in each subcontract
and the Department shall have no liability for Subrecipient's failure to comply with
this obligation.
C. The Department reserves the right of pre-award review and approval of all proposed
contracts and related procurement documents, such as requests for proposals and
invitations for bids, where the subcontract amount exceeds $25,000.00.
8. Core Practices
A. All ESG funded activities shall operate in a manner consistent with ESG requirements
and perform all services in a competent, professional, and first class manner and to the
satisfaction of the Department.
B. All Service Providers receiving ESG funds shall take actions to create an effective,
welcoming and affirming environment for all program participants and employees,
including, but not limited to, persons of different races, ethnicities, sexual orientations,
gender identities, and gender expressions.
C. The Contractor will establish and implement to the maximum extent practicable and
where appropriate, protocols, policies and procedures for the discharge of persons from
publicly funded institutions or systems of care (such as health care facilities, mental
health facilities, foster care or other youth facilities or correction programs and
institutions) in order to prevent this discharge from immediately resulting in
homelessness for these persons.
D. The Contractor will develop and implement procedures to ensure the confidentiality and
protection of all records containing personally identifying information of any individual or
family who applies for and/or receives ESG assistance. Furthermore, the records
pertaining to any individual provided family violence prevention or treatment services
under any project assisted under the ESG program, must be protected against the
release of the address or location of any family violence shelter project, except with the
written authorization of the person responsible for the operation of the shelter.
E. If ESG funds are used for shelter operations or essential services related to street
outreach or emergency shelter, the Contractor will ensure the Service Provider(s)will
provide services or shelter to homeless individuals and families for the period during
which the ESG assistance is provided, without regard to a particular site or structure, so
long as the Contractor serves the same type of persons (e.g., families with children,
unaccompanied youth, veterans, disabled individuals or victims of domestic violence) or
persons in the same geographic area.
F. The Contractor will ensure the Service Providers will assist homeless individuals in
obtaining permanent housing, appropriate supportive services (including medical and
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 10 of 31
Rev. 09/2021
EXHIBIT D
mental health treatment, counseling, supervision and other services essential for
achieving independent living) and other federal, state, local, and private assistance
available for such individuals.
G. If required, the Subrecipient shall have the sole and exclusive responsibility for providing
relocation assistance and paying all relocation costs required to comply with all
applicable federal and state laws, rules, and regulations, including the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C.
4601 et seq., as amended and implementing regulations, and HUD Handbook 1378.
Subrecipient shall indemnify, defend, and hold the Department harmless from and
against any claims, liabilities, damages, or losses made against it by tenants or
occupants of the Site, including without limitation claims for relocation assistance,
inverse condemnation, and claims otherwise arising from any act or omission of
Subrecipient pursuant to the provision of relocation assistance.
H. To the maximum extent practicable the Contractor and its Service Providers, will involve
homeless individuals and families, through employment, volunteer services, or
otherwise, in constructing, renovating, maintaining and operating facilities assisted under
ESG and in providing services for occupants of facilities assisted by ESG.
9. Shelter and Housing Standards
Emergency shelters must also meet the minimum safety, sanitation, and privacy standards at 24
CFR 576.403 (b), including but not limited to, accessibility standards in accordance with
Section 504 of the Rehabilitation Act (29 U.S.C.794) and implementing regulations at 24 CFR
part 8, the Fair Housing Act (42 U.S.C. 3601 et seq.) and implementing regulations at 24 CFR
part 100, Title II of the Americans with Disabilities Act (42 U.S.C. 12131 et seq.), and 28 CFR
part 35, where applicable.
If Rapid Rehousing or Homeless Prevention assistance is provided, the assisted housing must
meet the minimum habitability standards at 24 CFR 576.403 (c).
10. Inspections
A. Subrecipient 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. The Department 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. Subrecipient agrees to require that all non-conforming Work be corrected and to
withhold payments to the subrecipient or subcontractor until such Work is corrected.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 11 of 31
Rev. 09/2021
EXHIBIT D
11. Monitoring Grant Activities
A. Subrecipient shall monitor the activities selected and awarded by them to ensure
compliance with all ESG requirements. An onsite or desk monitoring of homeless
Service Providers shall occur whenever determined necessary by the Contractor but at
least once during the grant period.
B. The Department will monitor the performance of the Contractor based on a risk
assessment and according to the terms of this Agreement. The Department may also
monitor any Service Providers of the Contractor as the Department deems appropriate
based on a risk assessment.
C. The Department will monitor the performance of Contractor and funded projects based
on the performance measures used by HUD in ESG or the Continuum of Care program.
In the event that project-level or system-wide performance consistently remains in the
lowest quartile compared to all participating Service Areas in the Continuum of Care
allocation, the Department will work collaboratively with the Contractor to develop
performance improvement plans which will be incorporated into this Standard
Agreement.
D. If it is determined that a Contractor or any of its Service Providers falsified any
certification, application information, financial, or contract report, the Contractor shall be
required to immediately reimburse the full amount of the ESG award to the Department
and may be prohibited from any further participation in the ESG program. The
Department may also impose any other actions permitted under 24 CFR 576.501 (c).
E. As requested by the Department, the Contractor shall submit to the Department all ESG
monitoring documentation necessary to ensure that Contractor and its Service Providers
are in continued compliance with all ESG requirements. Such documentation
requirements and the submission deadline(s) shall be provided by the Department when
the information is requested from the Contractor.
F. Contractor and its Service Providers shall cooperate with the Department and shall
make available to the Department all information, documents, and records reasonably
requested. Copies of these items will also be made available to the Department upon
their request. Subrecipient shall provide the Department the reasonable right of access
to the Site during normal business hours for the purpose of assuring compliance with
this Agreement and evaluating the Subrecipient's performance.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 12 of 31
Rev. 09/2021
EXHIBIT D
12. Compliance with Federal and State Laws and Regulations
The Contractor and its Service Providers shall comply with the policies, guidelines and
requirements under 2 CFR, Part 200, as applicable, as they relate to the cost principles,
audit requirements, acceptance and use of federal funds under this 2 CFR, Part 200.
A. The Contractor agrees to comply with all federal and state laws and regulations
applicable to the ESG Program and to the grant activity(ies), and with any other federal
provisions as set forth in this Agreement. The Contractor agrees to comply with all
federal and State laws and regulations that pertain to construction, health and safety,
labor, fair employment practices, equal opportunity, and all others matters applicable to
the Contractor its Service Providers or subcontractor and the Work. This includes, but is
not limited to, complying with all relevant sections of 2 CFR Part 200.
B. Subrecipient shall indemnify, protect, defend, and hold harmless the Department from
and against any and all loss, liability, damage, claim, cost, and/or expense (including
reasonable attorneys' fees, court and litigation costs, and fees of expert witnesses)that
result or arises in any way from the noncompliance by Contractor or Service Provider
personnel of any applicable local, state, and/or federal law or requirement.
13. Procurement of Goods and Services
Prior to the drawdown of ESG funds for the Contractor's purchase of goods or services,
Subrecipient, shall comply with the Procurement Standards contained in 2 CFR 200.317-.326.
Contractor when procuring goods with ESG funds, must provide the Department with evidence
of compliance with these requirements, as applicable.
14. Procurement of Recovered Materials
Contractor and its Service Providers must comply with Section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements
of Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of competition, where the
purchase price of the item exceed $10,000.00 or the value of the quantity acquired by the
preceding fiscal year exceeded $10,000.00; procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA guidelines.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 13 of 31
Rev. 09/2021
EXHIBIT D
15. Equal Opportunity Requirements and Responsibilities
A. Title VI of the Civil Rights Act of 1964, as amended, including 24 CFR Part 1: This
act provides that no person shall be excluded from participation, denied program
benefits, or subject to discrimination based on race, color, and/or national origin under
any program or activity receiving federal financial assistance. In regard to the sale or
lease of a Site, Subrecipient shall cause or require a covenant running with the land to
be inserted in the deed and leases prohibiting discrimination under this Title, and
providing that State of California and the United States are beneficiaries of and entitled
to enforce such covenants. Subrecipient shall enforce such covenant and shall not itself
so discriminate.
B. Title VII of the Civil Rights Act of 1968 (The Fair Housing Act): This act prohibits
discrimination in housing on the basis of race, color, religion, sex and/or national origin.
This law also requires actions which affirmatively promote fair housing.
C. Civil Rights Restoration Act of 1987: This act restores the broad scope of coverage
and clarifies the application of the Civil Rights Act of 1964. It also specifies that an
institution which receives federal financial assistance is prohibited from discriminating on
the basis of race, color, national origin, religion, sex, disability or age in a program or
activity which does not directly benefit from such assistance.
D. Section 109 of Title 1 of the Housing and Community Development Act of 1974 f42
U.S.C. 53091: This section of Title 1 provides that no person shall be excluded from
participation (including employment), denied program benefits, or subject to
discrimination on the basis of race, color, national origin, or sex under any program or
activity funded in whole or in part under Title 1 of the Act.
E. The Fair Housing Amendment Act of 1988: This act amended the original Fair
Housing Act to provide for the protection of families with children and people with
disabilities, strengthen punishment for acts of housing discrimination, expand the Justice
Department jurisdiction to bring suit on behalf of victims in federal district courts, and
create an exemption to the provisions barring discrimination on the basis of familial
status for those housing developments that qualify as housing for persons age fifty-five
(55) or older.
F. The Housing for Older Persons Act of 1995 (HOPA): Retained the requirement that
the housing facilities must have one person who is fifty-five (55) years of age or older
living in at least eighty percent (80%) of its occupied units. The act also retained the
requirement that housing facilities publish and follow policies and procedures that
demonstrate intent to be housing for persons fifty-five (55) or older.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 14 of 31
Rev. 09/2021
EXHIBIT D
G. The Age Discrimination Act of 1975, as amended, including 24 CFR Part 146: This
act provides that no person shall be excluded from participation, denied program
benefits, or subject to discrimination on the basis of age under any program or activity
receiving federal funding assistance. Effective January 1987, the age cap of seventy
(70)was deleted from the laws. Federal law preempts any State law currently in effect
on the same topic.
H. Section 504 of the Rehabilitation Act of 1973, as amended: It is unlawful to
discriminate based on disability or handicap in federally assisted programs. This Section
provides that no otherwise qualified individual shall, solely by reason of their disability or
handicap, be excluded from participation (including employment), denied program
benefits, or subjected to discrimination under any program or activity receiving federal
funding assistance. Section 504 also contains design and construction accessibility
provisions for multi-family dwellings developed or substantially rehabilitated for first
occupancy on or after March 13, 1991. Subrecipient must ensure that its programs are
accessible to and usable by persons with disabilities in accordance with the
implementing regulations at 24 CFR Part 8.
I. The Americans with Disabilities Act of 1990 (ADA), as amended: This act modifies
and expands the Rehabilitation Act of 1973 to prohibit discrimination against "a qualified
individual with a disability" in employment by state and local governments and in places
of public accommodations and commercial facilities. The ADA requires that an individual
with a physical or mental impairment who is otherwise qualified to perform the essential
functions of a job, with or without reasonable accommodation, be afforded equal
employment opportunity in all phases of employment. The ADA also requires that
facilities that are newly constructed or altered, by, on behalf of, or for us of a public
entity, be designed and constructed in a manner that makes the facility readily
accessible to and usable by persons with disabilities. The Act defines the range of
conditions that must be made to assure equality of opportunity, full participation,
independent living, and economic self-sufficiency for persons with disabilities.
J. Executive Order 11063, as amended, including 24 CFR 107: This executive order
provides that no person shall be discriminated against on the basis of race, color,
religion, sex, or national origin in housing and related facilities provided with federal
assistance and lending practices with respect to residential property when such
practices are connected with loans insured or guaranteed by the federal government.
This order and its implementing regulations include requirements that all actions
necessary be taken to prevent discrimination because of race, color, religion, sex, or
national origin, in the use, occupancy, sale, leasing, rental, or other disposition of
property assisted with Federal loans, advances, grants or contributions.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 15 of 31
Rev. 09/2021
EXHIBIT D
K. Executive Order 11259: This executive order provides that the administration of all
federal programs and activities relating to housing and urban development be carried out
in a manner to further housing opportunities throughout the United States.
L. The Equal Employment Opportunity Act: This act empowers the Equal Employment
Opportunity Commission (EEOC) to bring civil action in federal court against private
sector employers after the EEOC has investigated the charge, found "probable cause" of
discrimination, and failed to obtain a conciliation agreement acceptable to the EEOC. It
also brings federal, state, and local governments under the Civil Rights Act of 1964.
M. The Immigration Reform and Control Act (IRCA) of 1986: Under IRCA, employers
may hire only persons who may legally work in the U.S., i.e., citizens and nationals of
the U.S. and aliens authorized to work in the U.S. The employer must verify the identity
and employment eligibility of anyone to be hired, which includes completing the
Employment Eligibility Verification Form (1-9).
N. The Uniform Guidelines on Employee Selection Procedures adopted by the Equal
Employment Opportunity Commission in 1978: This manual applies to employee
selection procedures in the areas of hiring, retention, promotion, transfer, demotion,
dismissal and referral. It is designed to assist employers, labor organizations,
employment agencies, licensing and certification boards in complying with the
requirements of federal laws prohibiting discriminatory employment.
O. The Vietnam Era Veterans' Readjustment Act of 1974 (revised Jobs for Veterans
Act of 2002): This act was passed to ensure equal employment opportunity for qualified
disabled veterans and veterans of the Vietnam War. Affirmative action is required in the
hiring and promotion of veterans.
P. Executive Order 11246, as amended: This executive order applies to all Grantees,
Subrecipients, their contractors, and subcontractors. It provides that no person shall be
discriminated against on the basis of race, color, religion, sex, or national origin.
Q. 24 CFR Part 5, Subpart A: The requirements at 24 CFR Part 5 are applicable including
the nondiscrimination and equal opportunity requirements at 24 CFR 5.105(a) and the
housing counseling requirements at 24 CFR 5.111.
16. The Training, Employment, and Contracting Opportunities for Business and Lower
Income Persons Assurance of Compliance (Section 3)
Section 3 Compliance 24 CFR Part 75
The purpose of Section 3 is to ensure that economic opportunities, most importantly employment,
generated by certain HUD financial assistance shall be directed to low- and very low-income persons,
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 16 of 31
Rev. 09/2021
EXHIBIT D
particularly those who are recipients of government assistance for housing or residents of the
community in which the Federal assistance is spent.
Section 3 projects. (i) Section 3 projects means housing rehabilitation, housing construction, and other
public construction projects assisted under HUD programs that provide housing and community
development financial assistance when the total amount of assistance to the project exceeds a
threshold of$200,000. The threshold is $100,000 where the assistance is from the Lead Hazard
Control and Healthy Homes programs, as authorized by Sections 501 or 502 of the Housing and Urban
Development Act of 1970 (12 U.S.C. 1701z-1 or 1701z-2), the Lead-Based Paint Poisoning Prevention
Act (42 U.S.0 4801 et seq.); and the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42
U.S.C. 4851 et seq.). The project is the site or sites together with any building(s) and improvements
located on the site(s) that are under common ownership, management, and financing.
The requirements in this part apply to an entire Section 3 project, regardless of whether the project is
fully or partially assisted under HUD programs that provide housing and community development
financial assistance.
Definitions
Contractor means any entity entering into a contract with:
(1)A recipient to perform work in connection with the expenditure of public housing financial assistance
or for work in connection with a Section 3 project; or
(2)A subrecipient for work in connection with a Section 3 project.
Labor hours means the number of paid hours worked by persons on a Section 3 project or by persons
employed with funds that include public housing financial assistance.
Low-income person means a person as defined in Section 3(b)(2) of the 1937 Act.
Material supply contracts means contracts for the purchase of products and materials, including, but not
limited to, lumber, drywall, wiring, concrete, pipes, toilets, sinks, carpets, and office supplies.
Professional services means non-construction services that require an advanced degree or
professional licensing, including, but not limited to, contracts for legal services, financial consulting,
accounting services, environmental assessment, architectural services, and civil engineering services.
Public housing financial assistance means assistance as defined in § 75.3(a)(1).
Public housing project is defined in 24 CFR 905.108.
Recipient means any entity that receives directly from HUD public housing financial assistance or
housing and community development assistance that funds Section 3 projects, including, but not limited
to, any State, local government, instrumentality, PHA, or other public agency, public or private nonprofit
organization.
Section 3 means Section 3 of the Housing and Urban Development Act of 1968, as amended (12
U.S.C. 1701 u).
Section 3 business concern means:
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 17 of 31
Rev. 09/2021
EXHIBIT D
(1)A business concern meeting at least one of the following criteria, documented within the last six-
month period:
(i) It is at least 51 percent owned and controlled by low- or very low-income persons;
(ii) Over 75 percent of the labor hours performed for the business over the prior three-month period are
performed by Section 3 workers; or
(iii) It is a business at least 51 percent owned and controlled by current public housing residents or
residents who currently live in Section 8-assisted housing.
(2) The status of a Section 3 business concern shall not be negatively affected by a prior arrest or
conviction of its owner(s) or employees.
(3) Nothing in this part shall be construed to require the contracting or subcontracting of a Section 3
business concern. Section 3 business concerns are not exempt from meeting the specifications of the
contract.
Section 3 project means a project defined in § 75.3(a)(2).
Section 3 worker means:
(1)Any worker who currently fits or when hired within the past five years fit at least one of the following
categories, as documented:
(i) The worker's income for the previous or annualized calendar year is below the income limit
established by HUD.
(ii) The worker is employed by a Section 3 business concern.
(iii) The worker is a Youth Build participant.
(2) The status of a Section 3 worker shall not be negatively affected by a prior arrest or conviction.
(3) Nothing in this part shall be construed to require the employment of someone who meets this
definition of a Section 3 worker. Section 3 workers are not exempt from meeting the qualifications of the
position to be filled.
Section 8-assisted housing refers to housing receiving project-based rental assistance or tenant-based
assistance under Section 8 of the 1937 Act.
Service area or the neighborhood of the project means an area within one mile of the Section 3 project
or, if fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on the
Section 3 project that is sufficient to encompass a population of 5,000 people according to the most
recent U.S. Census.
Small PHA means a public housing authority that manages or operates fewer than 250 public housing
units.
Subcontractor means any entity that has a contract with a contractor to undertake a portion of the
contractor's obligation to perform work in connection with the expenditure of public housing financial
assistance or for a Section 3 project.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 18 of 31
Rev. 09/2021
EXHIBIT D
Subrecipient has the meaning provided in the applicable program regulations or in 2 CFR 200.93.
Targeted Section 3 worker has the meanings provided in Section 75.11, 75.21, or 75.29, and does not
exclude an individual that has a prior arrest or conviction.
Very low-income person means the definition for this term set forth in section 3(b)(2) of the 1937 Act.
YouthBuild programs refers to YouthBuild programs receiving assistance under the Workforce
Innovation and Opportunity Act (29 U.S.C. 3226).
Benchmarks
The current benchmarks for all projects that meet the criteria to be considered a Section 3 project is to
the greatest extent possible 25% of all labor hours worked shall be performed by Section 3 eligible
workers and at least 5% of the 25% be targeted section 3 eligible workers.
Requirements
(a) Employment and training. (1) To the greatest extent feasible, and consistent with existing Federal,
state, and local laws and regulations, recipients covered by this subpart shall ensure that employment
and training opportunities arising in connection with Section 3 projects are provided to Section 3
workers within the metropolitan area (or nonmetropolitan county) in which the project is located.
(2) Where feasible, priority for opportunities and training described in paragraph (a)(1) of this section
should be given to:
(i) Section 3 workers residing within the service area or the neighborhood of the project, and
(ii) Participants in YouthBuild programs.
(b) Contracting. (1) To the greatest extent feasible, and consistent with existing Federal, state, and local
laws and regulations, recipients covered by this subpart shall ensure contracts for work awarded in
connection with Section 3 projects are provided to business concerns that provide economic
opportunities to Section 3 workers residing within the metropolitan area (or nonmetropolitan county) in
which the project is located.
(2) Where feasible, priority for contracting opportunities described in paragraph (b)(1) of this section
should be given to:
(i) Section 3 business concerns that provide economic opportunities to Section 3 workers residing
within the service area or the neighborhood of the project, and
(ii) YouthBuild programs.
Reporting
(a) Reporting of labor hours. (1) For Section 3 projects, recipients must report in a manner prescribed
by HUD:
(i) The total number of labor hours worked;
(ii) The total number of labor hours worked by Section 3 workers; and
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 19 of 31
Rev. 09/2021
EXHIBIT D
(iii) The total number of labor hours worked by Targeted Section 3 workers.
(2) Section 3 workers' and Targeted Section 3 workers' labor hours may be counted for five years from
when their status as a Section 3 worker or Targeted Section 3 worker is established pursuant to §
75.31.
(3) The labor hours reported under paragraph (a)(1) of this section must include the total number of
labor hours worked on a Section 3 project, including labor hours worked by any subrecipients,
contractors and subcontractors that the recipient is required, or elects pursuant to paragraph (a)(4) of
this section, to report.
(4) Recipients reporting under this section, as well as subrecipients, contractors and subcontractors
who report to recipients, may report labor hours by Section 3 workers, under paragraph (a)(1)(ii) of this
section, and labor hours by Targeted Section 3 workers, under paragraph (a)(1)(iii) of this section, from
professional services without including labor hours from professional services in the total number of
labor hours worked under paragraph (a)(1)(i) of this section. If a contract covers both professional
services and other work and the recipient or contractor or subcontractor chooses not to report labor
hours from professional services, the labor hours under the contract that are not from professional
services must still be reported.
(5) Recipients may report their own labor hours or that of a subrecipient, contractor, or subcontractor
based on the employer's good faith assessment of the labor hours of a full-time or part-time employee
informed by the employer's existing salary or time and attendance based payroll systems, unless the
project or activity is otherwise subject to requirements specifying time and attendance reporting.
(b)Additional reporting if Section 3 benchmarks are not met. If the recipient's reporting under
paragraph (a) of this section indicates that the recipient has not met the Section 3 benchmarks
described in § 75.23, the recipient must report in a form prescribed by HUD on the qualitative nature of
its activities and those its contractors and subcontractors pursued. Such qualitative efforts may, for
example, include but are not limited to the following:
If the benchmarks are not met for Section 3 compliance, the Contractor must document their efforts to
attract and employ workers that meet section 3 eligibility requirements. Below is a sample list of some
of the actions a contractor could take to demonstrate their attempts. Documentation is required so
support the actions.
(1) Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers.
(2) Provided training or apprenticeship opportunities.
(3) Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance,
coaching).
(4) Provided or connected Section 3 workers with assistance in seeking employment including: drafting
resumes, preparing for interviews, and finding job opportunities connecting residents to job placement
services.
(5) Held one or more job fairs.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 20 of 31
Rev. 09/2021
EXHIBIT D
(6) Provided or referred Section 3 workers to services supporting work readiness and retention
(e.g., work readiness activities, interview clothing, test fees, transportation, childcare).
(7) Provided assistance to apply for/or attend community college, a four-year educational institution, or
vocational/technical training.
(8)Assisted Section 3 workers to obtain financial literacy training and/or coaching.
(9) Engaged in outreach efforts to identify and secure bids from Section 3 business concerns.
(10) Provided technical assistance to help Section 3 business concerns understand and bid on
contracts.
(11) Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns.
(12) Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3
business concerns.
(13) Promoted use of business registries designed to create opportunities for disadvantaged and small
businesses.
(14) Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2)
of the Workforce Innovation and Opportunity Act.
17. Affirmative Outreach
A. Contractor or its Service Providers must make known that the use of the facilities,
assistance, and services are available to all on a nondiscriminatory basis. If it is unlikely
that the procedures the Contractor or its service providers intend to use to make known
the availability of its facilities, assistance, and services will reach persons of any
particular race, color, religion, sex, age, national origin, familial status, or disability, who
may qualify for those facilities and services, the Subrecipient or its service providers
must establish additional procedures that ensure that those persons are made aware of
the facilities, assistance, and services.
B. Contractor subrecipients Service Providers must take appropriate steps to ensure
effective communication with persons with disabilities including, but not limited to,
adopting procedures that will make available to interested persons information
concerning the location of assistance, services, and facilities that are accessible to
persons with disabilities. Consistent with Title VI and Executive Order 13166,
Subrecipients and Service Providers are also required to take reasonable steps to
ensure meaningful access to programs and activities for Limited English Proficiency
(LEP) persons.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 21 of 31
Rev. 09/2021
EXHIBIT D
C. Equal Access for Disabilities:
1. Contractors must provide a language access plan that makes appropriate
accommodations for LEP interpretive services and services that support the
visually impaired as required by Section 504 of the Rehabilitation Act of 1973, as
amended, 29 USC Section 794 (contractors receiving federal financial
assistance), in conjunction with section 508 of the Rehabilitation Act of 1973, as
amended, 29 USC Section 794d (created the U.S. Access Board to regulate
websites, electronic information and communication technology (EICT)
accessibility); Section 255, of the Communications Act of 1934, as amended; 24 CFR
Part 8, including sections 8.3 and 8.4; and 36 CFR Part 1194, 36 CFR §§ 1194.1.
1194.2, and Appendices B and C to Part 1194 (accessibility standards for disabled to
communication technology); see U.S. Access Board website;
2. Achieving Compliance: The California State Dept. of Rehabilitation maintains an
Assistive Technology website with resources for services to achieve compliance with
recognized standards for non-discriminatory accessibility.
18. Environmental Requirements
This Agreement is subject to the provisions of the California Environmental Quality Act (CEQA).
Subrecipient assumes responsibility to fully comply with CEQA's requirements regarding the
Work. In addition, Contractor shall comply with the environmental requirements of
24 CFR Part 58. The obligation of funds and incurring of costs is hereby conditioned upon
compliance with CEQA, 24 CFR Part 58 and completion by the State and the U.S. Department
of Housing and Urban Development of all applicable review and approval requirements.
The Contractor shall supply all available, relevant information necessary for the Department to
perform for each property any environmental review as required under 24 CFR Part 58. The
Subrecipient shall also carry out mitigating measures required by the Department or select an
alternate eligible property. HUD may eliminate from consideration any application that would
require an Environmental Impact Statement (EIS).
The subrecipient, its Service Providers or any contractor of the subrecipient or service provider,
may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property
for a project, or commit or expend ESG or local funds for eligible activities under this part, until
the Department or HUD has performed an environmental review under 24 CFR Part 58 and the
Department has received HUD approval of the property. For all funded applications, the
Department will inform the subrecipient any required additional environmental review.
In accordance with 24 CFR 58.22, neither a Subrecipient nor any Service Provider in the
development process, including public or private nonprofit or for-profit entities, or any of their
contractors, may commit HUD assistance under a program listed in 24 C.F.R. Section 58.1(b)
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 22 of 31
Rev. 09/2021
EXHIBIT D
on an activity or project until HUD or the Department has approved the Subrecipient's Request
for Release of Funds (RROF) and the related certifications have been approved. Neither a
Subrecipient nor any Service Provider in the development process may commit non-HUD funds
or undertake an activity or project that would have an adverse environmental impact or limit the
choice of reasonable alternatives. Upon completion of environmental review or receipt of
environmental clearance, the Department shall notify Subrecipient. HUD funds shall not be
utilized before this requirement is satisfied. The environmental review or violation of the
provisions may result in approval, modification, or cancellation of the ESG Grant. If a project or
activity is exempt under 24 C.F.R. § 58.34 or is categorically excluded (except in extraordinary
circumstances) under 24 C.F.R. § 58.35(b), no RROF is required and the recipient may
undertake the activity immediately after the Department has documented its determination that
each activity or project is exempt and meets the conditions specified for such exemption under
this section by issuing a Notice to Proceed.
19. Clean Air and Water Acts
This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 U.S.C.
7401 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.,
1318 relating to inspection, monitoring, entry, reports, and information, as well as other
requirements specified in said Section 114 and Section 308, and the regulations of the
Environmental Protection Agency with respect thereto, at 40 CFR, Part 5050, as amended from
time to time.
20. Lead-Based Paint Hazards
The assistance provided under this Agreement is subject to the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. 4821 —4845), the Residential Lead-Based Paint Hazard Reduction
Act of 1992 (42 U.S.C. 4851 -4856). Activities performed with the assistance provided under
this Agreement are subject to 24 CFR, Part 35.
21. Labor Standards
A. Pursuant to 24 U.S.0 576.107 (e,) Davis-Bacon Act does not apply to the ESG program.
B. Federal Regulations see The Fair Labor Standards Act (FLSA) 29 U.S.C. §§ 201-219
22. Matching Funds
The matching requirements of 24 CFR 576.201 shall apply to this activity. The Department
requires the Subrecipient to provide a 1:1 match for all ESG expenditures. The eligible forms of
matching contributions are defined at 24 CFR 576.201(d). Program income may be used as
matching contributions, subject to the requirements at 24 CFR 576.201.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 23 of 31
Rev. 09/2021
EXHIBIT D
23. Assurance of Compliance with the "Violence Against Women Reauthorization Act of
2013" (VAWA) (S.47 - 113th Congress (2013-2014)) (as amended or reauthorized) Title VI -
Safe Homes for Victims of Domestic Violence, Dating Violence, Sexual Assault, and
Stalking — Sec. 601-603
VAWA provides housing protections for survivors of domestic and dating violence, sexual
assault, and stalking when it comes to finding and keeping a home they can feel safe in.
VAWA applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied consistently
with all nondiscrimination and fair housing requirements. VAWA now expands housing
protections to HUD programs beyond HUD's public housing program and HUD's tenant-based
and project-based Section 8 programs. VAWA now provides enhanced protections and options
for victims of domestic violence, dating violence, sexual assault, and stalking.
During the performance of this Agreement, the Contractor or its Service Providers assure that:
A. Domestic Violence survivors are not denied assistance as a beneficiary, or evicted or
have assistance terminated as a tenant, because the applicant or tenant is or has been
a victim of domestic violence, dating violence, sexual assault, and stalking.
B. It will implement an "emergency transfer plan", which allows for domestic violence
survivors to move to another safe and available unit if they fear for their life and safety.
C. It will provide "protections against denials, terminations, and evictions that directly result
from being a victim of domestic violence, dating violence, sexual assault, or stalking, if
the applicant or tenant otherwise qualifies for admission, assistance, participation, or
occupancy."
D. It will include all protections that apply to program participants under 24 CFR Part 5,
subpart L, as supplemented by 24 CFR 576.409, except for the emergency transfer plan
requirements under 24 CFR 5.2005(e) and 24 CFR 576.409(d).
E. If implementing a rental assistance program and the housing is not assisted under
another"covered housing program" as defined in 24 CFR 5.2003, the agreement may
provide that the owner's obligations under 24 CFR Part 5, Subpart L, expire at the end of
the rental assistance period. Each lease shall incorporate a lease addendum that
includes all requirements that apply to the tenants, owner, or lease under 24 CFR Part 5
Subpart L, as supplemented by 24 CFR 576.409, including the prohibited bases for
eviction and restrictions on construing lease terms under 24 CFR 5.2005(b) and (c).
F. It will implement a "low-barrier certification process" where a domestic violence survivor
need only to self-certify in order to document the domestic violence, dating violence,
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 24 of 31
Rev. 09/2021
EXHIBIT D
sexual assault, or stalking, ensuring third party documentation does not cause a barrier
in a survivor expressing their rights and receiving the protections needed to keep
themselves safe.
24. Liability Insurance
Unless otherwise approved in writing, Contractor shall have and maintain in full force and effect
during the term(s) of this Agreement liability insurance in an amount of not less than
$1,000,000.00 per occurrence with the Department named as an additional insured. Prior to
drawdown of funds, Contractor shall provide a valid certificate of insurance to the Department's
Program Representative for review and approval.
25. Reporting and Recordkeeping
A. Contractor shall keep and maintain records providing a full description of the activity(ies)
undertaken., These include but are not limited to the following:
1. Records demonstrating that the activity(ies) meet the Emergency Solutions Grant
program's national objective for which the ESG Grant is being provided;
2. Records demonstrating the eligibility of the activities constituting the eligible program
expenses;
3. Records demonstrating compliance with this Agreement and the ESG
Requirements;
4. Data demonstrating client eligibility for services provided including the name, income
level, family size of each client and other information for determining eligibility
B. A record of the services provided to each client, and such other records as may be
reasonably required by the Department to allow the Department to evaluate the
Contractor's operation of the program and compliance with the ESG Program and this
Agreement.
C. Records that allow the Department to comply with the Department's record keeping and
reporting under the ESG Requirements. Contractor shall provide records that identify
and account for the use of the ESG Grant proceeds and expenditures of all eligible
program costs pertaining to this Agreement. Including without limitation, the records
specified in 24 CFR 576.500, as they pertain to the activities under this Agreement.
D. Books and records pertaining to the eligible program expenses shall be kept and
prepared in accordance with generally accepted accounting principles or as otherwise
required by HCD.
E. By July 31 of each year, Contractor shall submit an Annual Performance Report to the
Department. In accordance with federal reporting requirements, the report will include,
but will not be limited to, beneficiary data, Minority Owned Business/Women Owned
Business (MBE/WBE) data, and Section 3 data, if applicable.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 25 of 31
Rev. 09/2021
EXHIBIT D
F. Contractor shall submit a Request for Funds (RFF) and Detailed Expense Report (DER)
in a manner and format approved by the Department within thirty (30) days after the end
of the State Mandated reporting period. Compliance reports shall be submitted as
specified by the Department. Close-out-of-grant progress reports shall be submitted
within sixty (60) days after the end of the reporting period.
G. Contractor shall manage and maintain all client data information using a Homeless
Management Information System (HMIS) or comparable data system (defined as a
separate data system that collects required HMIS and ESG data elements and complies
with HUD Data and Technical Standards).
H. Contractor shall maintain all fiscal and program records pertaining to the ESG Grant for
a period of five (5) years after the Department closes its HUD grant or any other period
specified in 24 CFR Section 576.500 (y).
NOTE: Record retention is based on the Department's HUD closing date; NOT five (5)
years from this Agreement expiration. The retention requirement can extend beyond five
(5) years after this Agreement expires. Therefore, the Contractor must contact the
Department for the specific record retention date for this Agreement.
I. Contractor shall submit required reports on forms approved by the Department.
26. Audit/Retention and Inspection of Records
A. Contractor agrees to maintain accounting books and records in accordance with
Generally Accepted Accounting Principles, per 2 CFR 200.49 Contractor agrees that the
Department, the Department of General Services, the Bureau of State Audits, the
Department of Housing and Urban Development, or their designated representatives,
shall have the right to review and copy any records and supporting documentation
pertaining to the performance of this Agreement. Contractor agrees to maintain such
records for possible audit for five (5) years after the Department closes its HUD grant or
any other period specified in 24 CFR Section 576.500 (y).
NOTE: Record retention is based on the Department's HUD closing date; NOT five (5)
years from this Agreement expiration. The retention requirement can extend beyond five
(5) years after this Agreement expires. Therefore, the Contractor must contact the
Department for the specific record retention date for this Agreement.
B. Contractor agrees to allow the auditor(s) access to such records during normal business
hours and to allow interviews of employees who might reasonably have information
related to such records. Further, Contractor agrees to include a similar right of the
Department to audit records and interview staff in any subcontract related to
performance of this Agreement.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 26 of 31
Rev. 09/2021
EXHIBIT D
C. Contractor receives federal funds that, in the aggregate, equal or exceed the threshold
identified in the Uniform Administrative Requirements, the Subrecipient must have an
annual single audit in compliance with the Single Audit Act of 1984, as amended and
comply with 2 CFR Part 200, Subpart F. The audit shall be performed by a qualified
State, local or independent auditor. Contractor shall notify the Department of the
auditor's name and address immediately after the selection has been made. The
contract for audit shall include a clause which permits access by the Department to the
independent auditor's working papers. Audits shall be submitted to the Department when
completed but no later than nine months following the close of the fiscal year. Contractor
Subrecipient shall take corrective actions on any issues noted during the audit within six
months of the date of receipt of the reports. HCD shall consider sanctions as described
in 2 CFR Section 200.505 if the Contractor is not in compliance with these audit
requirements.
D. Contractor, its Service Providers, and their subcontractors shall comply with the audit
requirements contained in 2 CFR Part 200.
27. Faith-Based Activities
Contractor and its Service Providers shall not require, as a condition of Program Participant
housing, participation by Program Participants in any religious or philosophical ritual, service,
meeting or rite. Contractor and its Service Providers listed shall also comply with the
requirements of 24 CFR Section 576.406 of the Federal Regulations.
28. Interest of Members, Officers or Employees of Contractors, Members of Local Governing
Body
Pursuant to 24 CFR 576.404, in addition to the conflict of interest requirements in 2 CFR 200,
no person:
A. Who is an employee, agent, consultant, officer or elected as appointed official of the
Contractor(or of any designated public agency); and,
B. Who exercises or has exercised any functions or responsibilities with respect to assisted
activities; or,
C. Who is in a position to participate in a decision-making process or gain inside
information with regard to such activities, may obtain a personal or financial interest or
benefit from the activity or have an interest in any contract, subcontract or agreement
with respect thereto, or the proceeds thereunder, either for themselves or for those
with whom they have family or business ties, during their tenure or for one (1) year
thereafter. HUD may grant an exception to this exclusion as provided in 24 CFR
Section 570.611 (d) and (e).
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 27 of 31
Rev. 09/2021
EXHIBIT D
D. Contractor shall maintain a written code or standards of conduct that shall govern the
performance of its officers, employees, or agents engaged in the selection, award,
and/or administration of contracts supported by Federal funds to ensure no conflict of
interest, real or apparent, would be involved.
29. Anti-Lobbying Certification
The Contractor shall require that the language of this certification be included in all contracts or
subcontracts entered into in connection with this grant and that all Service Providers shall certify
and disclose accordingly. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction
imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000.00 and no more than $100,000.00 for such
failure.
A. No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any federal contract, the cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this federal contract, grant, loan, or cooperative
agreement, it will complete and submit Standard Form LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
30. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or
subsequent breach. Failure of the Department to enforce the provisions of this Agreement or
required performance by the Contractor of these provisions, at any time, shall in no way be
construed to be a waiver of such provisions, nor affect the validity of this Agreement, or the right
of the Department, to enforce these provisions.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 28 of 31
Rev. 09/2021
EXHIBIT D
31. Litigation
A. If any provision of this Agreement, or any underlying obligation, is held invalid by a court
of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall
not affect any other provisions of this Agreement and the remainder of this Agreement
shall remain in full force and effect. Therefore, the provisions of this Agreement are, and
shall be, deemed severable.
B. Contractor shall notify the Department immediately of any claim or action undertaken by
or against it, which affects or may affect this Agreement of the Department and shall
take such action with respect to the claim or action as is consistent with the terms of this
Agreement and the interests of the Department
32. Sanctions
The Department may impose sanctions, as well as any other remedies available to it under law,
on Contractor or its Service Providers, for failure to abide by any State and Federal laws and
regulations applicable to the ESG Program. Such sanctions include:
A. Conditioning a future grant on compliance with specific laws of regulations;
B. Directing Contractor or its Service Providers to stop incurring costs under the current
grant;
C. Requiring that some or the entire grant amount is remitted to the Department;
D. Reducing or disencumbering some or all of the amount of grant funds Contractor would
otherwise be entitled to receive;
E. Electing not to award future grant funds to Contractor unless and until appropriate
actions are taken by the Contractor to ensure compliance; and/or,
F. Taking any other actions permitted pursuant to 24 CFR 576.501.
33. Drug-Free Workplace Requirements
The Contractor shall comply with and be subject to the requirements of the federal drug-free
workplace requirements, which include the following actions be taken:
A. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 29 of 31
Rev. 09/2021
EXHIBIT D
B. Establishing an ongoing drug-free awareness program to inform employees about: (i) the
dangers of drug abuse in the work place; (ii) the Contractor's policy of maintaining a
drug-free workplace; (iii) any available drug counseling, rehabilitation, and employee
assistance programs; and (iv) the penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace.
C. Contractor and their Service Providers shall maintain a drug free environment on the
Site. Contractor and their Service Providers pledges to the Department that all persons
working or residing on the Site shall not unlawfully manufacture, distribute, dispense,
possess, or use controlled substances, as said term is defined in 21 U.S.C. Section 812
and California Health and Safety Code Section 11007 (or successor statutes), including
marijuana, heroin, cocaine, and amphetamines on the Site. If Contractor or any person
working or residing on the Site is convicted or pleads guilty or nolo contendere to a
charge of unlawfully manufacturing, distributing, dispensing, possessing, or using
controlled substances on the Site, then such event shall constitute a default of this
Agreement.
34. Area-wide System Coordination Requirements
The Contractor and their Service Providers agree to participate in the Homeless Management
Information System ("HMIS"), or comparable database, pursuant to 24 CFR Section 576.107.
Contractor must ensure that data on all persons served, and all activities assisted under ESG
are entered into the applicable community wide HMIS in the area in which those persons and
activities are located, or a comparable database, in accordance with HUD's standards on
participation, data collection, and reporting under a local HMIS. Contractor shall coordinate and
integrate, to the maximum extent practicable, ESG funded activities with mainstream housing,
health, social services, employment education, and youth programs targeted to homeless
people in the area covered by the Continuum of Care ("CoC") or area over which the services
are coordinated to provide a strategic, community-wide system to prevent and end
homelessness for the area as set forth at 24 CFR Section 576.400(b) and (c). Furthermore,
Contractor understands they are required by federal law to provide for the participation of at
least one homeless or formerly homeless person(s) in a policy-making function within the
organization as required in 24 CFR Section 576.405. This might include, for example,
involvement of a homeless or formerly homeless person on the Board of Directors or similar
entity that considers and sets policy or makes decisions for Contractor. The Contractor also
agrees that to the maximum extent practicable, they will involve, through employment, volunteer
services, or otherwise, homeless individuals and families in constructing, renovating,
maintaining, and operating facilities assisted under this Agreement as listed in 24 CFR Section
576.405 in accordance with 42 U.S.C. 11375(d) and 42 U.S.C. 11375(c)(7).
35. Evaluation of Program Participant Eligibility and Needs
Pursuant to 24 CFR Section 576.401, Contractor and their Service Providers shall conduct an
initial evaluation to determine the eligibility of each individual or family's eligibility for ESG
assistance and the amount and types of assistance the individual or family needs to regain
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 30 of 31
Rev. 09/2021
EXHIBIT D
stability in permanent housing. These evaluations must be conducted in accordance with the
centralized or coordinated assessment requirements set forth under Section 576.400(d) and the
written standards established under Section 576.400(e).
36. False, Fictitious or Fraudulent Claims:
Warning: Any person who knowingly makes a false claim or statement to HUD or the
Department may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31
U.S.C. 3729.
A. Detecting, Preventing, and Reporting FRAUD
Fraud is a white-collar crime that has a devastating effect on the ESG program because the
ESG program beneficiaries are victims of this crime when the ESG program is abused.
HCD wants to stop any criminal assault on the ESG program it administers, and in doing so all
ESG funds go to people it was designed to help and improve their living conditions.
Combatting Fraud
The U.S. Department of Housing and Urban Development (HUD) Office of Inspector General
(OIG) is committed to protecting HUD's programs, operations, and beneficiaries from dishonest
individuals and organizations.
HUD cannot combat fraud alone.
HUD relies on HCD and ESG NOFA applicants to combat ESG program fraud. HUD also relies
on applicants for, and people receiving, HUD benefits, such as tenants receiving rental
assistance, borrowers with HUD insured loans, or citizens having their communities restored
using HUD grants.
The HUD OIG Hotline number is 1-800-347-3735, this is the primary means to submit
allegations of fraud, waste, abuse, mismanagement or Whistleblower related matters for the
ESG program to the Office of Inspector General.
HUD OIG accepts reports of fraud, waste, abuse, or mismanagement in the ESG program from
HUD employees, anyone administering the ESG program, anyone working in the ESG program,
contractors, and the public.
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 31 of 31
Rev. 09/2021
EXHIBIT D
You can report mismanagement or violations of law, rules, or regulations by HUD employees or
program participants.
Fraud, Waste and Abuse in the ESG program and it operation may be reported in one of the
following four (4)ways:
E-mail to: hotline(c�hudoig.gov
By Phone: Call toll free: 1-800-347-3735
By Fax: 202-708-4829
By Mail:
Department of Housing & Urban Development.
HUD OIG, Office of Investigation, Room 1200
Field Office
One Sansome Street
San Francisco, CA 94104
(213) 534-2518
HUD OIG, Office of Investigation
Suite 4070
Regional Office
300 North Los Angeles Street
Los Angeles, CA 90012
(213) 534-2518
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE)Allocation
NOFA Dates: 8/17/2021 and amended on 10/18/2021
Approve Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 1 of 2
Rev. 9/2021
EXHIBIT E
PROJECT SPECIFIC PROVISIONS AND SPECIAL TERMS AND CONDITIONS
1. Project Specific Provisions
The following are project specific terms and conditions (referred to as enumerated provision(s)
for ease of reference in prior exhibits) as result of application submitted in response to the ESG
NOFA dated August 17, 2021, and then amended on October 18, 2021, shall inform the
references made to project specific information not contained in prior exhibits.
Provision Ex. A— E.1 (Scope of Work—As referenced in Exhibit, Section 2)
Contractor Name Total Award Allocation
County of Fresno $ 314,682
For the purposes of performing the Work, the Department agrees to provide the amount
shown above. In no instance shall the Department be liable for any costs for Work in excess of
this amount, nor for any unauthorized or ineligible costs. The ESG Recipient agrees to
administer this allocation in accordance with the provisions of 24 CFR 576 and Part 91
and the ESG State Regulations, Title 25, Division 1, Chapter 7
Provision Ex. A— E.2 (Term of Agreement and Deadlines — (As referenced in Exhibit A,
Section 4)
A. This Contract will expire on: October 17, 2023
B. All Program funds shall be expended by: August 31, 2023
Provision Ex. A— E.3 (Expenditure Milestone Requirements -As referenced in Exhibit A,
Section 4 (G))
Percentage of ESG Award Milestone Deadline
that must be expended
20% 120 days after execution of
contract
50% 180 days prior to expenditure
deadline
80% 60 days prior to expenditure
deadline
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE) Allocation
NOFA Date: 08/17/2021 and amended on 10/18/2021
Approved Date: 04/22/2022
Prep. Date: 04/28/2022
County of Fresno
21-ESG-16004
Page 2 of 2
Rev. 9/2021
EXHIBIT E
Provision Ex. A— EA (Contractor's Contract Coordinators - As referenced in Exhibit A,
Section 9)
Authorized Representative Name Brian Pacheco
Authorized Representative Title Chairman of The Board
Agency Name County of Fresno
Address 2281 Tulare, Room #301
Fresno, CA 93721
Phone No. 559-600-1000
Email Address District1@fresnocountyca.gov
Provision Ex. B — E.1 (Budget Detail and Payment Provisions - As referenced in Exhibit B,
Section 1)
Rapid Rehousing Assistance $ 122,432
Emergency Shelter $ 45,912
Street Outreach $ 45,912
Homelessness Prevention $ 61,216
Homeless Management Information System $ 30,607
Grant Administration 8,603
TOTAL GRANT AWARD AMOUNT: $ 314,682
2. Special Terms and Conditions
The following Special Conditions are applicable to this Standard Agreement and shall control
notwithstanding anything to the contrary herein:
[N/A]
Emergency Solutions Grants Program (ESG)
Continuum of Care (AE) Allocation
NOFA Date: 08/17/2021 and amended on 10/18/2021
Approved Date: 04/22/2022
Prep. Date: 04/28/2022
Fund 0001
Subclass 10000
Org 56107092
Account3575