Loading...
HomeMy WebLinkAboutAgreement A-23-346 Amendment to Agreement with RH.pdf Agreement No. 23-346 1 AMENDMENT I TO AGREEMENT 2 THIS AMENDMENT, hereinafter referred to as Amendment I, is made and entered into this 3 20th day of June , 2023, by and between the COUNTY OF FRESNO, a Political 4 Subdivision of the State of California, hereinafter referred to as "COUNTY," and RH Community 5 Builders, a California Limited Partnership whose address is 352 W. Bedford Avenue, Suite110, 6 Fresno, CA 93711, hereinafter referred to as "SUBRECIPIENT." 7 RECITALS: 8 WHEREAS, the parties entered into that certain Agreement, identified as COUNTY Agreement 9 No. A-19-743, effective December 10, 2019, whereby SUBRECIPIENT agreed to provide landlord 10 engagement and risk mitigation fund services pursuant to the terms and conditions of this Agreement; 11 and 12 WHEREAS, both parties desire to amend Agreement 19-743 regarding changes as stated 13 below 14 NOW, THEREFORE, in consideration of their mutual promises, covenants and conditions, 15 hereinafter set forth, the sufficiency of which is acknowledged, the parties agree as follows: 16 1. That the existing County Agreement No. 19-743, Page One (1), Section One (1) beginning 17 with Line Twenty-Two (22), with the letter"A" and ending on Page Two (2), Line Seventeen (17)with the 18 word "subcontract", be deleted and the following inserted into its place: 19 "A. SUBRECIPIENT shall perform all services set forth in Revised Exhibit A, Summary 20 of Services, attached hereto and by this reference incorporated herein. 21 B. SUBRECIPIENT shall provide services pursuant to the staffing pattern and program 22 expenses detailed in Revised Exhibit B, Budget Summary, attached hereto and by this reference 23 incorporated herein. 24 C. SUBRECIPIENT shall maintain membership in the FMCoC and participate in 25 Coordinated Entry throughout the term of this Agreement, as described in Revised Exhibit A. If, for any 26 reason, this status is not maintained, the COUNTY may terminate this Agreement pursuant to Section 27 Three (3) of this Agreement. 28 D. SUBRECIPIENT shall be aware of, agree to, and comply with all State requirements 1 — COUNTY OF FRESNO Fresno,CA I governing the use of CaIWORKs HSP and CESH funds; and all conditions in No. 18-CESH-12459 2 (Exhibit C), COUNTY's Agreement and No. 19-CESH-12962 (Revised Exhibit C-1), attached hereto and 3 by this reference incorporated herein. 4 E. COUNTY, as the Administrative Entity for California Emergency Solutions and 5 Housing (CESH) Program awarded to the FMCoC, has entered into two agreements with the State of 6 California Agreement No. 18-CESH-12459 (Exhibit C) and No. 19-CESH-12962 (Exhibit C-1), copies of 7 which are attached hereto as Exhibit C and Revised Exhibit C-1 and is incorporated herein by this 8 reference. Services provided by SUBRECIPIENT under this Agreement shall be funded in part with 9 CESH funding and, therefore, SUBRECIPIENT shall be aware of, agree to, and comply with all State 10 requirements governing the use of CESH funds, and all conditions in Exhibit C and Exhibit C-1. Failure to 11 comply with these requirements and conditions may result in termination of this Agreement pursuant to 12 Section Three (3) of this Agreement. 13 F. COUNTY has entered into agreements for Homeless Housing, Assistance and 14 Prevention (HHAP) grant funds awarded to COUNTY with the State of California (Agreement No. 20- 15 HHAP-00096 as Revised Exhibit D), copies of which are attached and is incorporated herein by this 16 reference. Services provided by SUBRECIPIENT under this Agreement shall be funded in part with 17 HHAP funding and, therefore, SUBRECIPIENT shall be aware of, agree to, and comply with all State 18 requirements governing the use of HHAP funds, and all conditions in Revised Exhibit D. Failure to comply 19 with these requirements and conditions may result in termination of this Agreement pursuant to Section 20 Three (3) of this Agreement. 21 G. COUNTY has entered into agreements for Homeless Housing, Assistance and 22 Prevention (HHAP) grant funds awarded to COUNTY with the State of California (and No. 21-HHAP- 2 3 00064 as Revised Exhibit D-1), copies of which are attached and is incorporated herein by this reference. 24 Services provided by SUBRECIPIENT under this Agreement shall be funded in part with HHAP funding 25 and, therefore, SUBRECIPIENT shall be aware of, agree to, and comply with all State requirements 26 governing the use of HHAP funds, and all conditions in Revised Exhibit D-1. Failure to comply with these 27 requirements and conditions may result in termination of this Agreement pursuant to Section Three (3) of 28 this Agreement - 2 - COUNTY OF FRESNO Fresno,CA I H. COUNTY, as the Administrative Entity for HHAP grant funds awarded to the 2 FMCoC, has entered into an agreement with the State of California (Agreement No. 20-HHAP-00097), a 3 copy of which is attached hereto as Revised Exhibit E and is incorporated herein by this reference. 4 Services provided by SUBRECIPIENT under this Agreement shall be funded in part with HHAP funding 5 and, therefore, SUBRECIPIENT shall be aware of, agree to, and comply with all State requirements 6 governing the use of HHAP funds, and all conditions in Revised Exhibit E. Failure to comply with these 7 requirements and conditions may result in termination of this Agreement pursuant to Section Three (3) of 8 this Agreement. 9 2. That the existing COUNTY Agreement No. A-19-743, Page Two (2), Section Two (2) 10 beginning with Line Nineteen (19), with the word "The" and ending on Page Two (2), Line Twenty-four 11 (24) with the word "performance" be deleted and the following inserted in its place: 12 "The term of this Agreement shall commence on December 10, 2019 through and exercising 13 an optional extension through June 30, 2024." 14 3. That the existing COUNTY Agreement No. A-19-743, Page Three (3), Section Four (4) 15 beginning with Line Twenty (20), with the word "For" and ending on Page Three (3), Line Twenty- 16 Seven (27) with the word "COUNTY", be deleted and the following inserted in its place: 17 "For actual services provided pursuant to the terms of this Agreement, COUNTY agrees to 18 pay SUBRECIPIENT and SUBRECIPIENT agrees to receive compensation in accordance with 19 Revised Exhibit B, Budget. Mandated travel shall be reimbursed based on actual expenditures and 20 mileage reimbursement shall be at SUBRECIPIENT's adopted rate per mile, not to exceed the IRS 21 published rate. 22 In no event shall actual services performed under this Agreement be in excess of One Million, 23 Two Hundred Fifteen Thousand, Seven Hundred Thirty-Six and No/100 Dollars ($1,215,736). 24 Payments by COUNTY shall be in arrears, for services provided during the preceding month, within 25 forty-five (45) days after receipt, verification and approval of SUBRECIPIENT's invoices by 26 COUNTY." 27 4. That all references in existing COUNTY Agreement No. A-19-743 to "Exhibit A" shall be 28 changed to read "Revised Exhibit A," where appropriate, which is attached hereto and incorporated - 3 - COUNTY OF FRESNO Fresno,CA I herein by this reference. 2 5. That all references in existing COUNTY Agreement No. A-19-743 to "Exhibit B" shall be 3 changed to read "Revised Exhibit B," where appropriate, which is attached hereto and incorporated 4 herein by this reference. 5 6. COUNTY and SUBRECIPIENT agree that this Amendment No.1 is sufficient to amend 6 Agreement No. A-19-743 and, that upon execution of this Amendment No.1, the original Agreement, 7 Amendment No.1, shall together be considered the Agreement. 8 The Agreement, as hereby amended, is ratified and continued. All provisions, terms, 9 covenants, conditions and promises contained in this Agreement not amended herein shall remain in 10 full force and effect. This Amendment No.1 shall become effective upon execution on the day first 11 written hereinabove. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 - COUNTY OF FRESNO Fresno,CA I The parties are executing this Amendment No.1 to Agreement 19-743 on the date stated in the 2 introductory clause. 3 ATTEST: SUBRECIPIENT: COUNTY OF FRESNO: RH Community Builders � t� 6 �, By: 4 or 7 Sa Qw, t ro, hairman of the Board 8 of of the County of Fresno 9 Print Name: Wayne Rutledge 10 Title: CEO Chairman of the Board, or 1 1 President, or any Vice President ATTEST: 12 Bernice E. Seidel 13 Clerk of the Board of Supervisors / County of Fresno, State of California 14 By: ue.•+(_ ac,.l.GG 15 Brad Hardiek4k �"e' 'I Print Name: By:I 16 Deputy Title: President 17 Secretary (of Corporation), or any Assistant Secretary, or 18 Chief Financial Officer, or 19 any Assistant Treasurer 20 Mailing Address: 21 352 W. Bedford Avenue, Suite 110 22 Fresno, CA 93711 Phone No.: (559) 433-7613 23 Contact: General Manager 24 25 Fund/Subclass: 0001/10000 26 Organization: 56107114 Account/Program: 7870 27 28 SB: mf 5 COUNTY OF FRESNO Fresno,CA Revised Exhibit A Page 1 of 3 SUMMARY OF SERVICES ORGANIZATION: RH Community Builders ADDRESS: 352 W. Bedford Avenue, Suite 110, Fresno, CA 93711 TELEPHONE: (559)433-7613 CONTACT: Brad Hardie and Wayne Rutledge EMAIL: brad(a-regencyfresno.corn and wayne(@uhbapels.com CONTRACT: Landlord Engagement and Risk Mitigation Fund Services CONTRACT TERM: December 10, 2019 through June 30, 2020 July 1, 2020 through June 30, 2021 July 1, 2021 through June 30, 2022 July 1, 2022 through June 30, 2023 (optional) July 1, 2023 through June 30, 2024 (optional) CONTRACT AMOUNT: $1,093,335 SUMMARY OF SERVICES RH Community Builders (RHCB)will provide Landlord Engagement and Risk Mitigation Fund services to increase the available housing inventory of agencies working within the Fresno Madera Continuum of Care (FMCoC) Coordinated Entry System (CES), the centralized homeless services system in Fresno and Madera counties. Landlord Engagement and Risk Mitigation Fund services are required to meet the needs of homeless individuals and families that are receiving services through FMCoC agencies and programs, but are unable to independently secure a long-term housing rental. Services are funded in part by the County of Fresno CaIWORKs Housing Support Program (HSP) and are intended to ensure that HSP families are able to secure affordable housing placements. TARGET POPULATION This program will provide services to individuals and families residing in Fresno and Madera Counties that have been prioritized through the FMCoC CES but are unable to locate housing independently or by working with CES housing navigators. Landlords targeted will be all landlords with multifamily or affordable rental units available in Fresno and Madera counties. Other key targets for these services will be nonprofit developers, local property management agencies, and landlords with small- to medium- sized holdings. LANDLORD ENGAGEMENT SERVICES Landlord Engagement services are intended to provide outreach, recruitment, engagement, and support to landlords in the community; to utilize landlord relationships to build a broad housing inventory; to secure permanent housing placements for homeless individuals and families; and to liaise between landlords and those housed through the program if needed. One full-time Program Manager and one part-time bilingual Housing Specialist will staff these services, with oversight from the General Manager(s). RHCB will positively market FMCoC clients as tenants to rental property owners in the community, with the goal of increasing access to rental units for homeless families. In addition, Revised Exhibit A Page 2 of 3 the Housing Specialist will work to address landlord issues with the client directly, if the household placed through the program does not have case management through a FMCoC program. The Housing Specialist will also provide tenant education to clients that have been identified as needing additional support in order to retain their housing. RHCB will manage a local centralized housing inventory database of local landlords and property managers that are willing to work with the identified target population, as well as specific housing units. This listing will be available to local homeless services agencies for locating housing placements for homeless individuals and families. RISK MITIGATION FUND SERVICES The Landlord Risk Mitigation Fund is available to landlords to compensate for specific costs incurred by eligible individuals and families, such as excess damage to rental units or unpaid rent. The purpose of the fund is to incentivize landlords to relax screening criteria for people who are experiencing homelessness and who may have barriers to obtaining housing independently, and to preserve landlord relationships in case of financial losses. Management and administration of claims to the Fund will be made by the Program Manager or General Manager(s). RHCB will develop policies and procedures for the fund in collaboration with DSS, and work with agencies and local landlords to administer the fund. Eligible costs will include damages beyond the security deposit, and other reasonable costs to be determined by DSS. Thorough documentation, legal review, and detailed recordkeeping of all transactions will be required. Client enrollment will be determined on an individual basis by FMCoC agency case managers. RH Community Builders will document enrollment and resolve claims in a timely manner. Eligibility for Risk Mitigation payments will be limited to a maximum of two years after client enrollment. SUBRECIPIENT RESPONSIBILITIES I. Landlord Engagement • Be familiar with the FMCoC and the CES for housing placements, including general CES operations. • Be available to promptly respond to inquiries from current and prospective landlords. • Be informed about the affordable rental market in Fresno and Madera counties, and be knowledgeable about both renters' and landlords' rights and responsibilities. • Develop outreach materials, including general program information, program contact information, and other needed program materials, and provide these materials to landlords. • Provide regular and coordinated outreach activities to landlords in the community to educate about the FMCoC and CES clients. Outreach activities will be in person, by phone, via mail, via email, and at community and industry events. • Meet with landlords and property managers in person to share information and answer questions about the FMCoC and its programs, or specific households, as needed. • Provide tenant education to clients placed through the program that have been identified as needing additional support in order to comply with their lease and retain housing. • Respond to landlord and property management concerns, including concerns about individual families, and work with landlords and agencies to resolve problems in a fair and neutral manner. • Track all outreach and engagement activities to document the individuals and organizations contacted, as well as the outcome of the contact (when applicable). Revised Exhibit A Page 3 of 3 • Track all prospective rental vacancies, including any relevant data requested by FMCoC, in a local, centralized housing database. This database must be fully developed and available for use by June 30, 2020. • Ensure that the FMCoC is well informed about properties and units so that appropriate housing placements can be made. II. Risk Mitigation Fund • Manage a fund to cover costs, beyond the deposit, that may be incurred by FMCoC households that have been placed in rental housing by FMCoC agencies. • Provide rent guarantees for cases where clients may break a lease or otherwise cause financial losses to property owners. • In consultation with DSS, develop the policies, standards, and guidelines for the Landlord Risk Mitigation Fund, including limits for each eligible cost and for claim totals. • Ensure that policies and procedures for the Risk Mitigation Fund are in place within 90 days of contract execution. • Based on funding limits and expected number of claims, determine the number of clients that may be enrolled in the program and ensure that this enrollment limit is not surpassed. • Ensure appropriate legal review is provided as necessary in the development of policies and any required contracts or agreements. • Ensure that all funds paid out are in compliance with the guidelines developed, including back-up documentation and photographic verification, when applicable. • Ensure that all claims to the Risk Mitigation Fund are resolved within 90 days of initial receipt. DSS RESPONSIBILITIES • Ensure that at least 75% of clients placed through Engagement services have case management through their placing FMCoC program. • Schedule and facilitate meetings as often as needed for service coordination, problem resolution, information sharing, training, review, and monitoring of services. • Communicate and coordinate with RHCB as often as needed to ensure that services are provided in the most effective, efficient, and timely manner possible. • In instances where units owned or managed by partners of RHCB are damaged and eligible for compensation by the Risk Mitigation Fund, all claims will be processed by DSS directly. RHCB may not process these claims. PERFORMANCE OUTCOMES RHCB will provide complete and accurate monthly activity reports to the County of Fresno, in a report format approved by the County by the 10th of each month. RHCB will meet the following outcomes: • Identify and make available 80 affordable housing units per year to FMCoC programs and households. o No more than 30% of units counted toward this outcome may be managed by RHCB partners; no units owned by RHCB partners may be counted toward this outcome. • Recruit a minimum of 6 landlords in the first seven month term, and a minimum of 10 new landlords in subsequent years, that have not rented to FMCoC clients or agencies within the past twelve months. • By June 30th, 2022, have recruited and maintain a pool of at minimum 25 landlords to rent to FMCoC households on an ongoing basis. Revised Exhibit B Page 1 of 5 BUDGET SUMMARY ORGANIZATION: RH Community Builders SERVICES: Landlord Engagement and Risk Mitigation Fund Services CONTRACT TERM: December 10, 2019 through June 30, 2020 CONTRACT TOTAL: $1,215,736 TERM TOTAL: $186,667 Budget Categories Amount Landlord Engagement Salaries 1 FTE Program Manager- 60% direct service, 40% administrative oversight .75 FTE Bilingual Housing Specialist - 100% direct service .1 FTE General Manager- 10% administrative oversight Payroll Taxes Benefits Insurance Communication Office Expenses Equipment Transportation and Travel Program Supplies Fiscal &Audits Training Other Operational Expenses Subtotal $131,333 Risk Mitigation Fund Funds Available to Landlords Subtotal $36,667 Indirect Costs Indirect Costs Subtotal $18,667 Total $186,667 Revised Exhibit B Page 2 of 5 BUDGET SUMMARY ORGANIZATION: RH Community Builders SERVICES: Landlord Engagement and Risk Mitigation Fund Services CONTRACT TERM: July 1, 2020 through June 30, 2021 CONTRACT TOTAL: $1,215,736 TERM TOTAL: $240,667 Budget Categories Amount Landlord Engagement Salaries 1 FTE Program Manager- 60% direct service, 40% administrative oversight .75 FTE Bilingual Housing Specialist - 100% direct service .1 FTE General Manager- 10% administrative oversight Payroll Taxes Benefits Insurance Communication Office Expenses Equipment Transportation and Travel Program Supplies Fiscal &Audits Training Other Operational Expenses Subtotal $183,600 Risk Mitigation Fund Funds Available to Landlords Subtotal $36,667 Indirect Costs Indirect Costs Subtotal $20,400 Total $240,667 Revised Exhibit B Page 3 of 5 BUDGET SUMMARY ORGANIZATION: RH Community Builders SERVICES: Landlord Engagement and Risk Mitigation Fund Services CONTRACT TERM: July 1, 2021 through June 30, 2022 CONTRACT TOTAL: $1,215,736 TERM TOTAL: $239,667 Budget Categories Amount Landlord Engagement Salaries 1 FTE Program Manager- 60% direct service, 40% administrative oversight .75 FTE Bilingual Housing Specialist - 100% direct service .1 FTE General Manager- 10% administrative oversight Payroll Taxes Benefits Insurance Communication Office Expenses Equipment Transportation and Travel Program Supplies Fiscal &Audits Training Other Operational Expenses Subtotal $182,600 Risk Mitigation Fund Funds Available to Landlords Subtotal $36,667 Indirect Costs Indirect Costs Subtotal $20,400 Total $239,667 Revised Exhibit B Page 4 of 5 BUDGET SUMMARY ORGANIZATION: RH Community Builders SERVICES: Landlord Engagement and Risk Mitigation Fund Services CONTRACT TERM: July 1, 2022 through June 30, 2023 CONTRACT TOTAL: $1,215,736 TERM TOTAL: $239,667 Budget Categories Amount Landlord Engagement Salaries 1 FTE Landlord Locator- 100% direct service 1 FTE Bilingual Housing Specialist - 100% direct service .25 FTE Housing Director- 25% administrative oversight Payroll Taxes Benefits Insurance Communication Office Expenses Equipment Transportation and Travel Program Supplies Fiscal &Audits Training Other Operational Expenses Subtotal $181,074 Risk Mitigation Fund Funds Available to Landlords Subtotal $36,667 Indirect Costs Indirect Costs Subtotal $21,926 Total $239,667 Revised Exhibit B Page 5 of 5 BUDGET SUMMARY ORGANIZATION: RH Community Builders SERVICES: Landlord Engagement and Risk Mitigation Fund Services CONTRACT TERM: July 1, 2023 through June 30, 2024 CONTRACT TOTAL: $1,215,736 TERM TOTAL: $309,068 Budget Categories Amount Landlord Engagement Salaries 1 FTE Landlord Locator- 100% direct service 1 FTE Bilingual Housing Specialist - 100% direct service .25 FTE Housing Director- 25% administrative oversight Payroll Taxes Benefits Insurance Communication Office Expenses Equipment Transportation and Travel Program Supplies Fiscal &Audits Training Other Operational Expenses Subtotal $192,728 Risk Mitigation Fund/ Landlord Incentives Subtotal $88,243 Indirect Costs Indirect Costs Subtotal $28,097 Total $309,068 Agreement No. 19-452 Exhibit C Page 1 of 14 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(if applicable) STD 213(Rev.0312019) 18-CESH-12459 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CONTRACTOR'S NAME County of Fresno 2. The term of this Agreement is: START DATE Upon HCD Approval THROUGH END DATE Five(5)Years from the Effective Date 3. The maximum amount of this Agreement is: $1,563,085.00 4.The parties agree to comply with the terms and conditions of the following exhibits,which are by this reference made a part of the Agreement. EXHIBITS TITLE PAGES Exhibit A Authority,Purpose and Scope of Work 3 Fxhihit R RUdget Detail and Payment Provisions P. Exhibit C' Stale of California General Terms and Conditions GTC-0412017 Exhibit D CESH Program Terms and Conditions 7 Exhibit E Special Conditions 1 Exhibit F Additional Provisions 0 TOTAL NUMBER OF PAGES ATTACHED 13 pages Items shown with an asterisk('), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at https:IlWww.dgs.ce.govIOLS/Resources IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME(if other than an individual.state whether a corporation,partnership,etc.) County of Fresno CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP P.O.Box 24055 Fresno CA 93779 PRINTED NAME OF PERSON SIGNING TITLE 5% CONTRACTOR AUTHORIZ SI�WATURE� DATE SIGNED STATE OF CALIFORNIA CONTRACTING AGENCY NAME Department of Housing and Community Development CONTRACTING AGENCY ADDRESS CITY STATE ZIP 2020 W.El Camino Ave.,Suite 130 Sacramento CA 95833 PRINTED NAME OF PERSON SIGNING TITLE Synthia Rhinehart Contracts Manager, Business&Contract Services Branch CO ACTING`PGf=NCYAUT IG ATU� DAT DI (`1F,�/ �( California Department of General Services Approval(or exemption,if applicable) ATTEST: BERNICE E. SEIDEL Exempt per;SCM Vol. 1 4.04.A.3(DGS memo dated 6/1 211 98 1) Clerk of the Board of Supervisors Count of Fresno, State of California B Exhibit C Page 2 of 14 County of Fresno 18-CESH-12459 Page 1 of 3 EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK 1. Authority Pursuant to Part 2 of Division 31 Chapter 2.8 of the Health and Safety Code (commencing with Section 50490) enacted in 2018, as amended and in effect from time to time (the "CESH Statutes"), the State has established the California Emergency Solutions and Housing Program (the"Program"). This Standard Agreement along with all its exhibits (the"Agreement") is entered under the authority of, and in furtherance of the purpose of,the Program. Pursuant to Health and Safety Code, Section 50490.1(b), the California Department of Housing and Community Development (referred to herein as "HCD" or "Department") has issued that certain Notice of Funding Availability,dated August 15, 2018, as amended from time to time(the"NOFA")to govern administration of the fund and carry out the Program. 2. Purpose In accordance with the authority cited above, an application was made to the State (the "Application")for assistance from the Program for the purpose of funding eligible activities relating to homelessness within a specified Continuum of Care("CoC") service area, as defined in Health and Safety Code Section 50490. By entering into this Agreement and thereby accepting the award of the CESH grant funds (the "Grant"), the Contractor (sometimes referred to herein as the "Applicant") agrees to comply with the terms and conditions of the NOFA, this Agreement, the representations contained in the Application, and the requirements of the authorities cited above. 3. Definitions Capitalized terms not otherwise defined herein shall have the meaning of the definitions set forth in Health and Safety Code Section 50490. 4. Scope of Work The scope of work("Work")for this Agreement shall consist of one or more of the following eligible uses: A. Rental assistance, housing relocation and stabilization services to ensure housing affordability to individuals experiencing homeless or who are at risk of homelessness. B. Operating subsidies in the form of 15-year capitalized operating reserves for new and existing affordable permanent housing units for homeless individuals and/or families. C. Flexible housing subsidy funds for local programs that establish or support the provision of rental subsidies in permanent housing to assist homeless individuals and families. Funds used for purposes of this paragraph may support rental assistance, bridge subsidies to property owners waiting for approval from another permanent rental subsidy source, vacancy payments, or project-based rent or operating reserves. California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit C Page 3of14 County of Fresno 18-CESH-12459 Page 2 of 3 EXHIBIT A D. Operating support for emergency housing interventions, including, but not limited to, the following: 1) Navigation centers that provide temporary room and board and case managers who work to connect homeless individuals and families to income, public benefits, health services, permanent housing, or other shelter. 2) Street outreach services to connect unsheltered homeless individuals and families to temporary or permanent housing. 3) Shelter diversion, including, but not limited to, homelessness prevention activities such those described in 24 CFR 576.103, and other necessary service integration activities such as those described in 24 CFR 576.105, to connect individuals and families to alternate housing arrangements, services, and financial assistance E. Systems support for activities necessary to maintain a comprehensive homeless services and housing delivery system, including Coordinated Entry System (CES) data, and Homeless Management Information System (HMIS) reporting, and homelessness planning activities. F. Development or updating of a CES, if the CoC does not have a system in place that meets the requirements of 24•CFR 576.400(d) or 24 CFR 578.7(a)(8), as applicable, and related HUD requirements, as set forth in Section II.E.3.A of the NOFA. G. Development of a plan addressing actions to be taken within the CoC service area if no such plan exists. H. Contractor may contract with a Subrecipient if the Contractor determines that the Subrecipient is qualified to carry out the eligible activities with the allocated funds. Subrecipients shall include a unit of local government, a private non-profit, or a for-profit organization 5. Department Contract Coordinator The Department's Contract Coordinator for this Agreement is the Grant Management CESH Program Manager of the Division of Financial Assistance, or their designee. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed by first class to the Department Contract Coordinator at the following address: California Department of Housing and Community Development ATTENTION: California Emergency Solutions and Housing Grant Fund Program (CESH) Grant Management Section 2020 West El Camino Avenue, Suite 400, 95833 P. O. Box 952050 Sacramento, CA 94252-2050 California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit C Page 4 of 14 County of Fresno 18-CESH-12459 Page 3 of 3 EXHIBIT A 6. Contractor Contract Coordinator The Contractor's contract coordinator for this Agreement is the Authorized Representative listed below. Unless otherwise informed, any notice, report, or other communication required by this Agreement may be mailed by first class mail, or sent through a commercial courier to the Authorized Representative at the following address: Authorized Representative Name: Delfino Neira Authorized Representative Title: Director, Department of Social Services Agency Name: County of Fresno Address: 205 W. Pontiac Way Clovis, CA 93612 Phone No.: (559) 600-2301 Email Address: dneira(a)fresnocountyca.gov 7. Effective Date, Term of Agreement, and Deadlines A. This Agreement is effective upon approval by the Department, which is the date executed by all parties (such date, the "Effective Date"). B. This Agreement shall terminate five (5)years after the Effective Date as stated in STD 213, paragraph 2 (such date, the "Expiration Date"). C. Grant expenses must be incurred from the Effective Date of this Agreement until the date which is 90 calendar days prior to the Expiration Date (such date, the "Expenditure Deadline"). D. Any expenses incurred prior to the Effective Date or after the Expenditure Deadline will not be eligible for payment from any Grant funds. Any Grant funds which have not been expended by the Expenditure Deadline shall be disencumbered and revert to the Department. E. Contractor must issue award letters to any Subrecipients within 24 months of an award letter from HCD. California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit C Page 5 of 14 County of Fresno 18-CESH-12459 Page 1 of 2 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. Budget Detail Contractor has been awarded the following grant activity amounts: Rental Assistance, Housing Relocation and Stabilization Services $ 784,931 Operating Support for Emergency Housing Interventions $ 600,000 Development of a Plan Addressing Actions Within Service Area $ 100,000 Projected Administration Costs $ 78,154 TOTAL AWARD AMOUNT $1,563,085 Contractor will be responsible for maintaining oversight of any minimum and maximum grant activity amounts, since they will be evaluating Subrecipient applications and managing those contracts. 2. Conditions of Disbursement Prior to receiving any Grant funds, the Contractor shall submit the following for the Department's approval: A. Payee Data Record (Std. 204) or Government TIN Form, as applicable; B. Certification from the CoC documenting that the Contractor has been designated by the CoC to administer the Grant; C. HUD Coordinated Entry Process Self-Assessment or, alternatively, documentation satisfactory to the Department in its reasonable discretion which demonstrates that a minimum of 20 percent of the allocation to the CoC service area will be used to implement or update its systems to comply with the applicable HUD requirements; D. Local program or project selection process documentation satisfactory to the Department in its reasonable discretion; and, E. Any other documents, certifications, or evidence deemed necessary by the Department prior to disbursement of Grant funds. California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit C Page 6 of 14 County of Fresno 18-CESH-12459 Page 2 of 2 EXHIBIT B 3. Performance A. Contractor must issue award letters to any Subrecipients within 24 months of an award letter from HCD. 4. Fiscal Administration A. The Contractor may request a disbursement of up to 40 percent of total awarded Grant funds at one time. After initial disbursement, Contractor must demonstrate prior to each subsequent disbursement request, using the forms provided by HCD, that at least 80 percent of Grant funds previously disbursed have been expended by Contractor or otherwise awarded to Subrecipients pursuant to the terms of this Agreement. Administrative costs related to the planning and execution of eligible activities shall not exceed 5 percent of each disbursement. B. A separate checking account for the Grant funds is not required. However, the Contractor shall deposit Grant funds in an interest-bearing checking or savings account insured by the federal or state government. All interest earned from the deposit of Grant funds shall be used for eligible Program activities and accounted for in Contractor's annual expenditure report. C. The Contractor shall make a good faith effort to minimize the number of disbursement requests by anticipating and requesting funds in advance. D. The Contractor may request that Grant funds awarded for a certain eligible activity be moved to another awarded activity without an amendment to this Agreement. This request must be made in writing to HCD and shall be effective only upon written HCD approval. HCD's decision to approve or deny any such request shall be final, absent fraud, mistake or arbitrariness. E. Any Grant funds which have not been expended by the Expenditure Deadline must be returned to HCD with accrued interest. Checks shall be made payable to the Department of Housing and Community Development and shall be mailed to the Department at the address below, no later than (thirty) 30 calendar days after the Expenditure Deadline. California Department of Housing and Community Development Accounting Division, Suite 300 2020 W. El Camino Avenue Sacramento, California 95833 California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit C Page 7 of 14 County of Fresno 18-CESH-12459 Page 1 of 7 EXHIBIT D CESH PROGRAM TERMS AND CONDITIONS 1. Strict Compliance Contractor will strictly comply with the terms, conditions and requirements of the CESH Statutes, the NOFA and this Agreement. 2. Contractor's Application for Funds A. Contractor has submitted to the Department an Application for a Grant under the Program. The Department is entering into this Agreement based on, and in substantial reliance upon, Contractor's facts, information, assertions and representations contained in that Application, and in any subsequent modifications or additions thereto approved by the Department. The Application and any approved modifications and additions thereto are hereby incorporated into this Agreement. B. Contractor warrants that all information, facts, assertions and representations contained in the Application and approved modifications and additions thereto are true, correct, and complete to the best of Contractor's knowledge. In the event that any part of the Application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect the Department's approval, disbursement, or monitoring of the funding and the Grants or activities governed by this Agreement, then the Department may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof. 3. Eligible Activities Grant funds awarded to the Contractor and expended by either the Contractor or any Subrecipient shall be used for the eligible activities set forth in Exhibit A as required by the CESH Statutes. The following additional limitations or requirements shall apply: A. A Contractor shall not use more than 40 percent of any funds allocated in a fiscal year for operating support for emergency housing interventions as described in Health and Safety Code Section 50490.4(f). B. If the CoC does not have a functioning CES and HMIS that meet the requirements of 24 CFR 576.400(d) or 24 CFR 578.7(a)(8), as applicable, and related HUD requirements, as set forth in Section II.E.3.A of the NOFA, a minimum of 20 percent of the allocation to the CoC service area will be used to implement or update its systems to comply with such requirements. Eligible CES costs do not include capital development activities, including, but not limited to, real property-acquisition, construction, or rehabilitation activities. C. A Contractor shall not use more than 5 percent of an allocation for a CoC service area for administrative costs related to the planning and execution of eligible activities. A Contractor may share any funds available for administrative costs with Subrecipients. California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit C Page 8 of 14 County of Fresno 18-CESH-12459 Page 2 of 7 EXHIBIT D D. Rental assistance provided as an eligible activity shall not exceed 48 months for each assisted household and rent payments shall not exceed two times the current HUD fair market rent for the local area, as determined pursuant to 24 CFR part 888. 4. Core Practices A. A Contractor or Subrecipient must provide eligible activities in a manner consistent with the housing first practices described in California Code of Regulations, title 25, section 8409(b)(1)-(6). A Contractor or Subrecipient allocated funds for eligible activities that provide permanent housing shall incorporate the core components of Housing First as provided in Section 8255(b) of the Welfare and Institutions Code. B. Except in the case of a program or project specifically targeting homelessness prevention activities as part of shelter diversion activities, as described in Section II.B.4.0 of the NOFA, a Contractor that is allocated CESH Program funds shall prioritize assistance to homeless individuals and families over assistance to individuals and families at risk of homelessness. 5. Monitoring Grant Activities A. Contractor shall monitor the activities selected and awarded by them to ensure compliance with CESH requirements. An onsite monitoring visit of Subrecipients and any other service providers shall occur whenever determined necessary by the Contractor, but at least once during the Grant period. B. The Department will monitor the performance of the Contractor based on a risk assessment and according to the terms of this Agreement. The Department may also monitor any Subrecipients of the Contractor as the Department deems appropriate based on a risk assessment. C. The Department will monitor the performance of the Contractor and funded projects based on the performance measures tracked by HMIS data for the CoC service area. The Department will work collaboratively with the Contractor to develop performance improvement plans if project-level or system-wide performance is determined to be substandard by the Department in its reasonable discretion. D. As requested by the Department, the Contractor shall submit to the Department all CESH monitoring documentation necessary to ensure that Contractor and its Subrecipients are in continued compliance with CESH requirements. Such documentation requirements and the submission deadline shall be provided by the Department at the time such information is requested from the Contractor. California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit C Page 9 of 14 County of Fresno 18-CESH-12459 Page 3 of 7 EXHIBIT D 6. Reporting/Audits A. Commencing with the Effective Date of this Agreement and continuing through the Expiration Date, the Contractor shall submit an annual report to the Department by July 31 of each year that reports all activities from the previous fiscal year(7/1-6/30), on forms provided by the Department. The first report will be due on July 31, 2020 and will report all activities from date of initial fund disbursement through June 30, 2019 in addition to reporting all activities from the 7/1/19—6/30/20 fiscal year. B. The annual expenditure report shall contain a detailed report which must include, at a minimum: 1) The Contractor's program or project selection process performed in collaboration with the CoC; 2) Amounts awarded to Subrecipients with the activity(ies) identified; 3) Projected performance measures; 4) Contract expenditures; 5) The expenditures and activities of any Subrecipients for each year of the term of the contract with HCD until all funds awarded to a Subrecipient have been expended; and, 6) Progress on the following performance measures and others established by the Contractor and described in the Application to evaluate success in implementing eligible activities: a) The number of homeless persons served; b) The number of unsheltered homeless persons served, and the average length of time spent as homeless before entry into the program or project; c) The number of homeless persons exiting the program or project to permanent housing; and, d) The number of persons that return to homelessness after exiting the program or project. C. The Contractor is responsible for the completion of audits and all costs of preparing audits. California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit C Page 10 of 14 County of Fresno 18-CESH-12459 Page 4 of 7 EXHIBIT D D. The Department reserves the right to perform or cause to be performed a financial audit. At the Department's request, the Contractor shall provide, at its own expense, a financial audit prepared by a certified public accountant. E. If a financial audit is required by the Department, the audit shall be performed by an independent certified public accountant. Selection of an independent audit firm shall be consistent with procurement standards contained in 24 CFR 85.36. 1) The Contractor shall notify the Department of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by the Department to the independent auditor's working papers. 2) The Contractor is responsible for the completion of audits and all costs of preparing audits. 3) If there are audit findings, the Contractor must submit a detailed response acceptable to the Department for each audit finding within 90 days from the date of the audit finding report. 7. Retention and Inspection of Records A. The Contractor is responsible for maintaining records which fully disclose the activities funded by the Grant. Adequate documentation of each transaction shall be maintained to permit the determination, through an audit if requested by the State, of the accuracy of the records and the allowability of expenditures charged to Grant funds. B. The Contractor agrees that the Department or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement. The Contractor agrees to provide the Department or its designee, with any relevant information requested. The Contractor agrees to permit the Department or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation forthe purpose of determining compliance with the CESH Statutes, the NOFA, and this Agreement. C. The Contractor further agrees to retain all records for a period of (5) five years after the end of the term of this Agreement: 1) If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it. California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit C Page 11 of 14 County of Fresno 18-C ES H-12459 Page 5 of 7 EXHIBIT D 2) The Contractor also agrees to include in any contract that it enters into in an amount exceeding $10,000, the Department's right to audit the contractor's records and interview their employees. The Contractor shall comply with the caveats and be aware of the penalties for violation of fraud and for obstruction of investigation as set forth in California Public Code Section 10115.10. D. The determination by the Department of the eligibility of any expenditure shall be final. If the eligibility of any expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed, and HCD shall determine the reimbursement method for the amount disallowed. E. The Contractor shall retain all books and records relevant to this Agreement for a minimum of (5) five years after the end of the term of this Agreement. Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five years after the conclusion or resolution of the matter. 8. Breach and Remedies A. The following shall each constitute a breach of this Agreement: 1) Contractor's failure to comply with the terms of this Agreement. 2) Use of, or permitting the use of, Grant funds provided under this Agreement for any ineligible costs or for activities not approved under this Agreement. 3) Any failure to comply with the deadlines set forth in this Agreement. B. In addition to any other remedies that may be available to the Department in law or equity for breach of this Agreement, the Department may: 1) Bar the Contractor from applying for future CESH funds; 2) Revoke any other existing CESH award(s)to the Contractor; 3) Require the return of any unexpended CESH funds disbursed under this Agreement; 4) Require repayment of CESH funds disbursed and expended under this agreement; 5) Require the immediate return to the Department of all funds derived from the use of CESH funds including, but not limited to recaptured funds and returned funds; 6) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the technical assistance in accordance with the CESH Program requirements; and, California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit C Page 12 of 14 County of Fresno 18-CESH-12459 Page 6 of 7 EXHIBIT D 7) Seek such other remedies as may be available under the relevant agreement or any law. C. All remedies available to the Department are cumulative and not exclusive. D. The Department may give written notice to the Contractor to cure the breach or violation within a period of not less than 15 days. 9. Termination A. The Department may terminate this Agreement at any time for cause by giving a minimum of fourteen (14) days' notice of termination, in writing, to the Contractor. Cause shall consist of, violations of any terms and/or special conditions of this Agreement, the CESH Statutes, or the NOFA. Upon termination of this Agreement, unless otherwise approved in writing by the Department, any unexpended funds received by the Contractor shall be returned to the Department within thirty(30) days of the notice of termination. B. This Agreement is subject to any additional restrictions, limitations or conditions, or statute, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or the State of Califomia governments, which may affect the provisions, terms or funding of this Agreement in any manner. C. The Department has the option to terminate this Agreement under the fourteen (14) day cancellation clause or to amend this Agreement to reflect any reduction of funds. 10. Waivers No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Contractor of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions. 11. Relocation Contractor shall comply with all requirements of applicable California relocation law (Gov. Code, § 7260 et seq. and the regulations promulgated thereunder at Cal. Code Regulations, Title. 25, § 6000 et seq.). Any relocation plan for the Development shall be subject to the review and approval by the State. California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit C Page 13 of 14 County of Fresno 18-CESH-12459 Page 7 of 7 EXHIBIT D 12. Special Conditions-Contractors and Subrecipients The Contractor agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions shall be met to the satisfaction of the Department prior to disbursement of funds. The Contractor shall ensure that all Subrecipients are made aware of and agree to comply with all conditions of this Agreement and the applicable State requirements governing the use of Grant funds. The Contractor shall ensure that all Subrecipients are qualified to do business and in good standing with the California Secretary of State and the California Franchise Tax Board. Failure to comply with these conditions may result in cancellation of this Agreement. 13. Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Contractor agrees to comply with all State and Federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the Grant, the Contractor, its Subrecipients, and any other Grant activity. 14. Litigation A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable. B. The Contractor shall notify the Department immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or the Department and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department. California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit C Page 14 of 14 County of Fresno 18-CESH-12459 Page 1 of 1 EXHIBIT E SPECIAL, CONDITIONS These Special Conditions are specific for this Standard Agreement. 1. None. California Emergency Solutions and Housing (CESH) Program Grant NOFA Date: 08/15/18 Approved Date: 05/21/2019 Prep. Date: 06/24/2019 Exhibit C-1 Page 1 of 14 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL Agreement No.20-158 SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING Aumorvry NU'BER(d apphc b'u) STD 213(Rev.0312019) 19•CESH-12962 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CONTRACTOR'S NAME County of Fresno 2. The term of this Agreement is: START DATE Upon HCD Approval THROUGH END DATE Five(5)Years from the Effective Date 3. The maximum amount of this Agreement is: S879,281.00 4.The parties agree to comply with the terms and conditions of the following exhibits,which are by this reference made a part of the Agreement. EXHIBITS TITLE PAGES Exhibit A Authority,Purpose and Scope of Work 3 Exhibit B Budget Detail and Payment Provisions 2 Exhibit C' State of California General Terms and Conditions GTC-04/2017 Exhibit D CESH Program Terms and Conditions 7 Exhibit E Special Conditions 1 Exhibit F Additional Provisions 0 TOTAL NUMBER OF PAGES ATTACHED 13 pages Items shown with an asterisk('), are hereby incorporated by reference and made par,or this agreement as iraftached hereto. These documents can be viewed at hflps.1M1ww.dgs.ca.gov/OI_S/Resources IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.) County of Fresno CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP P.O.Box 24055 Fresno CA 93779 PRINTED NAME OF PERSON SIGNING TITLE Ernest Buddy Mendes Chairman CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED STATE OF CALIFORNIA � CONTRACTING AGENCY NAME Department of Housing and Community Development CONTRACTING AGENCY ADDRESS CITY STATE ZIP 2020 W. El Camino Ave.,Suite 130 Sacramento CA 95833 PRINTED NAME OF PERSON SIGNING TITLE Synihia Rhineharl Contracts Manager, Business 8 Contract Services Branch CONTRACTING AGENCY AUTHORI ED SIGNATURE DATE SIGNED �4WwL 5 �q f a aav California Department of General Services Approval(or exemption,if applicable) ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors Exempt per;SCM Vol. 1 4.04.A.3(DGS memo dated 6/12/1981) County of Fresno,State of California By Deputy Exhibit C-1 Page 2 of 14 County of Fresno 19-CESH-12962 Page 1 of 3 EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK 1. Authority Pursuant to Chapter 2.8 (commencing with Section 50490) of Part 2 of Division 31 of the Health and Safety Code enacted in.2018, as amended and in effect from time to time (the "CESH Statutes"), the State has established the California Emergency Solutions and Housing Program (the "Program"). This Standard Agreement along with all its exhibits (the "Agreement") is entered under the authority of, and in furtherance of the purpose of, the Program. Pursuant to Health and Safety Code, Section 50490.1(b), the California Department of Housing and Community Development (referred to herein as "HCD" or "Department') has issued that certain Notice of Funding Availability, dated March 21, 2019, as amended from time to time(the"NOFA")to govern administration of the fund and carry out the Program. 2. Purpose In accordance with the authority cited above, an application was made to the Department (the "Application")for assistance from the Program for the purpose of funding eligible activities relating to homelessness within a specified Continuum of Care ("CoC") service area, as defined in Health and Safety Code Section 50490. By entering into this Agreement and thereby accepting the award of the CESH grant funds (the "Grant'), the Contractor (sometimes referred to herein as the "Applicant") agrees to comply with the terms and conditions of the NOFA, this Agreement, the representations contained in the Application, and the requirements of the authorities cited above. 3. Definitions Capitalized terms not otherwise defined herein shall have the meaning of the definitions set forth in Health and Safety Code Section 50490. 4. Scope of Work The scope of work("Work")for this Agreement shall consist of one or more of the following eligible uses: A. Rental assistance, housing relocation and stabilization services to ensure housing affordability to individuals experiencing homeless or who are at risk of homelessness. B. Operating subsidies in the form of 15-year capitalized operating reserves for new and existing affordable permanent housing units for homeless individuals and/or families. C. Flexible housing subsidy funds for local programs that establish or support the provision of rental subsidies in permanent housing to assist homeless individuals and families. Funds used for purposes of this paragraph may support rental assistance, bridge subsidies to property owners waiting for approval from another permanent rental subsidy source, vacancy payments, or project-based rent or operating reserves. California Emergency Solutions and Housing Program (CESH) NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Exhibit C-1 Page 3 of 14 County of Fresno 19-CESH-12962 Page 2 of 3 EXHIBIT A D. Operating support for emergency housing interventions, including, but not limited to, the following: 1) Navigation centers that provide temporary room and board and case managers who work to connect homeless individuals and families to income, public benefits, health services, permanent housing, or other shelter. 2) Street outreach services to connect unsheltered homeless individuals and families to temporary or permanent housing. 3) Shelter diversion, including, but not limited to, homelessness prevention activities such those described in 24 CFR 576.103, and other necessary service integration activities such as those described in 24 CFR 576.105, to connect individuals and families to alternate housing arrangements, services, and financial assistance. E. Systems support for activities necessary to maintain a comprehensive homeless services and housing delivery system, including Coordinated Entry System (CES) data, and Homeless Management Information System (HMIS) reporting, and homelessness planning activities. F. Development or updating of a CES, if the CoC does not have a system in place that meets the requirements of 24 CFR 576.400(d) or 24 CFR 578.7(a)(8), as applicable, and related HUD requirements, as set forth in Section II.E.3.A of the NOFA. G. Development of a plan addressing actions to be taken within the CoC service area if no such plan exists. H. Contractor may contract with a Subrecipient if the Contractor determines that the Subrecipient is qualified to carry out the eligible activities with the allocated funds. Subrecipients shall mean a unit of local government, a private non-profit, or a for-profit organization. 5. Department Contract Coordinator The Department's contract coordinator for this Agreement is the CESH Program Manager, Contract Management Section, Division of Financial Assistance, or the CESH Program Manager's designee. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed by first class to the Department contract coordinator at the following address: California Department of Housing and Community Development Attention: California Emergency Solutions and Housing Program Grant Management Section 2020 West El Camino Avenue, Suite 400, 95833 P. O. Box 952050 Sacramento, CA 94252-2050 California Emergency Solutions and Housing Program (CESH) NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Exhibit C-1 Page 4 of 14 County of Fresno 19-CESH-12962 Page 3 of 3 EXHIBIT A 6. Contractor Contract Coordinator The Contractor's contract coordinator for this Agreement is the Authorized Representative listed below. Unless otherwise informed, any notice, report, or other communication required by this Agreement may be mailed by first class mail, or sent through a commercial courier to the Authorized Representative at the following address: Authorized Representative Name: Delfino E. Neira Authorized Representative Title: Director Department of Social Services Agency Name: County of Fresno Address: 205 West Pontiac Way Clovis, CA 93612 Phone No.: (559) 600-2301 Email Address: dneira(a�fresnocountyca.gov 7. Effective Date, Term of Agreement, and Deadlines A. This Agreement is effective upon approval by all parties and the Department, which is evidenced by the date signed by the Department on page one, Standard Agreement, STD 213 (the "Effective Date"). B. This Agreement shall terminate five (5) years after the Effective Date as stated in STD 213, paragraph 2 (such date, the "Expiration Date"). C. Grant expenses must be incurred from the Effective Date of this Agreement until the date which is 90 calendar days prior to the Expiration Date (such date, the "Expenditure Deadline"). D. Any expenses incurred prior to the Effective Date or after the Expenditure Deadline will not be eligible for payment from any Grant funds. Any Grant funds which have not been expended by the Expenditure Deadline shall be disencumbered and revert to the Department. E. Contractor must issue award letters to any Subrecipients within 24 months of an award letter from HCD. California Emergency Solutions and Housing Program (CESH) NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Exhibit C-1 Page 5 of 14 County of Fresno 19-CESH-12962 Page 1 of 2 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. Budget Detail Contractor has been awarded the following grant activity amounts: Rental Assistance, Housing Relocation and Stabilization Services $735,317 Systems Support $ 75,000 Development of a Plan Addressing Actions Within Service Area $ 25,000 Projected Administration Costs TOTAL AWARD AMOUNT $879,281 Contractor will be responsible for maintaining oversight of any minimum and maximum grant activity amounts, since they will be evaluating Subrecipient applications and managing those contracts. 2. Conditions of Disbursement Prior to receiving any Grant funds, the Contractor shall submit the following for the Department's approval: A. Payee Data Record (STD 204) or Government TIN Form, as applicable; B. Certification from the CoC documenting that the Contractor has been designated by the CoC to administer the Grant; C. HUD Coordinated Entry Process Self-Assessment or, alternatively, documentation satisfactory to the Department in its reasonable discretion which demonstrates that a minimum of 20 percent of the allocation to the CoC service area will be used to implement or update its systems to comply with the applicable HUD requirements; D. Local program or project selection process documentation satisfactory to the Department in its reasonable discretion; and, E. Any other documents, certifications, or evidence deemed necessary by the Department prior to disbursement of Grant funds. 3. Performance Contractor must issue award letters to any Subrecipients within 24 months of an award letter from HCD and observe all other performance requirements as specified herein. California Emergency Solutions and Housing (CESH) Program NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Exhibit C-1 Page 6 of 14 County of Fresno 19-CESH-12962 Page 2 of 2 EXHIBIT B 4. Fiscal Administration A. The Contractor may request a disbursement of up to 40% of total awarded Grant funds at one time. After initial disbursement, Contractor must demonstrate prior to each subsequent disbursement request, using the forms provided by HCD, that at least 80% of Grant funds previously disbursed have been expended by Contractor or otherwise awarded to Subrecipients pursuant to. the terms of this Agreement. Administrative costs related to the planning and execution of eligible activities shall not exceed 5% of each disbursement. B. A separate checking account for the Grant funds is not required. However, the Contractor shall deposit Grant funds in an interest-bearing checking or savings account insured by the federal or state government. All interest earned from the deposit of Grant funds shall be used for eligible Program activities and accounted for in Contractor's annual expenditure report. C. The Contractor shall make a good faith effort to minimize the number of disbursement requests by anticipating and requesting funds in advance. D. The Contractor may request that Grant funds awarded for a certain eligible activity be moved to another awarded activity without an amendment to this Agreement. This request must be made in writing to HCD and shall be effective only upon written HCD approval. HCD's decision to approve or deny any such request shall be final, absent fraud, mistake or arbitrariness. E. Any Grant funds which have not been expended by the Expenditure Deadline must be returned to HCD with accrued interest. Checks shall be made payable to the Department of Housing and Community Development and shall be mailed to the Department at the address below, no later than (thirty) 30 calendar days after the Expenditure Deadline. Department of Housing and Community Development Accounting Division, Suite 300 2020 W. El Camino Avenue Sacramento, California 95833 California Emergency Solutions and Housing (CESH) Program NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Exhibit C-1 Page 7 of 14 County of Fresno 19-CESH-12962 Page 1 of 7 EXHIBIT D CESH PROGRAM TERMS AND CONDITIONS 1. Strict Compliance Contractor will strictly comply with the terms, conditions and requirements of the CESH Statutes, the NOFA and this Agreement. 2. Contractor's Application for Funds A. Contractor has submitted to the Department an Application for a Grant under the Program. The Department is entering into this Agreement based on, and in substantial reliance upon, Contractor's facts, information, assertions and representations contained in that Application, and in any subsequent modifications or additions thereto approved by the Department. The Application and any approved modifications and additions thereto are hereby incorporated into this Agreement. B. Contractor warrants that all information, facts, assertions and representations contained in the Application and approved modifications and additions thereto are true, correct, and complete to the best of Contractor's knowledge. In the event that any part of the Application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect the Department's approval, disbursement, or monitoring of the funding and the Grants or activities governed by this Agreement, then the Department may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof. 3. Eligible Activities Grant funds awarded to the Contractor and expended by either the Contractor or any Subrecipient shall be used for the eligible activities set forth in Exhibit A as required by the CESH Statutes. The following additional limitations or requirements shall apply: A. A Contractor shall not use more than 40% of any funds allocated in a fiscal year for operating support for emergency housing interventions as described in Health and Safety Code Section 50490.4(f). B. If the CoC does not have a functioning CES and HMIS that meet the requirements of 24 CFR 576.400(d) or 24 CFR 578.7(a)(8), as applicable, and related HUD requirements, as set forth in Section II.E.3.A of the NOFA, a minimum of 20% of the allocation to the CoC service area will be used to implement or update its systems to comply with such requirements.. Eligible CES costs do not include capital development activities, including, but not limited to, real property acquisition, construction, or rehabilitation activities. C. A Contractor shall not use more than 5% of an allocation for a CoC service area for administrative costs related to the planning and execution of eligible activities. A Contractor may share any funds available for administrative costs with Subrecipients. California Emergency Solutions and Housing Program (CESH) NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Exhibit C-1 Page 8 of 14 County of Fresno 19-CESH-12962 Page 2 of 7 EXHIBIT D D. Rental assistance provided as an eligible activity shall not exceed 48 months for each assisted household and rent payments shall not exceed two times the current HUD fair market rent for the local area, as determined pursuant to 24 CFR part 888. 4. Core Practices A. A Contractor or Subrecipient must provide eligible activities in a manner consistent with the housing first practices described in California Code of Regulations, title 25, section 8409(b)(1)-(6). A Contractor or Subrecipient allocated funds for eligible activities that provide permanent housing shall incorporate the core components of Housing First as provided in Section 8255(b) of the Welfare and Institutions Code. B. Except in the case of a program or project specifically targeting homelessness prevention activities as part of shelter diversion activities, as described in Section II.B.4.0 of the NOFA, a Contractor that is allocated CESH Program funds shall prioritize assistance to homeless individuals and families over assistance to individuals and families at risk of homelessness. 5. Monitoring Grant Activities A. Contractor shall monitor the activities selected and awarded by them to ensure compliance with CESH requirements. An onsite monitoring visit of Subrecipients and any other service providers shall occur whenever determined necessary by the Contractor, but at least once during the Grant period. B. The Department will monitor the performance of the Contractor based on a risk assessment and according to the terms of this Agreement. The Department may also monitor any Subrecipients of the Contractor as the Department deems appropriate based on a risk assessment. C. The Department will monitor the performance of the Contractor and funded projects based on the performance measures tracked by HMIS data for the CoC service area. The Department will work collaboratively with the Contractor to develop performance improvement plans if project-level or system-wide performance is determined to be substandard by the Department in its reasonable discretion. D. As requested by the Department, the Contractor shall submit to the Department all CESH monitoring documentation necessary to ensure that Contractor and its Subrecipients are in continued compliance with CESH requirements. Such documentation requirements and the submission deadline shall be provided by the Department at the time such information is requested from the Contractor. California Emergency Solutions and Housing Program (CESH) NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Exhibit C-1 Page 9 of 14 County of Fresno 19-CESH-12962 Page 3 of 7 EXHIBIT D 6. Reporting/Audits A. Commencing with the Effective Date of this Agreement and continuing through the Expiration Date, the Contractor shall submit an annual report to the Department by July 31 of each year that reports all activities from the previous fiscal year(7/1-6/30), on forms provided by the Department. The first report will be due on July 31, 2020 and will report all activities from date of initial fund disbursement through June 30, 2020 in addition to reporting all activities from the 7/1/20—6/30121 fiscal year. B. . The annual expenditure report shall contain a detailed report which must include, at a minimum: 1) The Contractor's program or project selection process performed in collaboration with the CoC; 2) Amounts awarded to Subrecipients with the activity(ies) identified; 3) Projected performance measures; 4) Contract expenditures; 5) The expenditures and activities of any Subrecipients for each year of the term of the contract with HCD until all funds awarded to a Subrecipient have been expended; and, 6) Progress on the following performance measures and others established by the Contractor and described in the Application to evaluate success in implementing eligible activities: a. The number of homeless persons served; b. The number of unsheltered homeless persons served, and the average length of time spent as homeless before entry into the program or project; C. The number of homeless persons exiting the program or project to permanent housing; and, d. The number of persons that return to homelessness after exiting the program or project. C. The Contractor is responsible for the completion of audits and all costs of preparing audits. California Emergency Solutions and Housing Program (CESH) NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Exhibit C-1 Page 10 of 14 County of Fresno 19-CESH-12962 Page 4of7 EXHIBIT D D. The Department reserves the right to perform or cause to be performed a financial audit. At the Department's request, the Contractor shall provide, at its own expense, a financial audit prepared by a certified public accountant. E. If a financial audit is required by the Department, the audit shall be performed. by an independent certified public accountant. Selection of an independent audit firm shall be consistent with procurement standards contained in 24 CFR 85.36. 1) The Contractor shall notify the Department of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by the Department to the independent auditor's working papers. 2) The Contractor is responsible for the completion of audits and all costs of preparing audits. 3) If there are audit findings, the Contractor must submit a detailed response acceptable to the Department for each audit finding within 90 days from the date of the audit finding report. 7. Retention and Inspection of Records A. The Contractor is responsible for maintaining records which fully disclose the activities funded by the Grant. Adequate documentation of each transaction shall be maintained to permit the determination, through an audit if requested by the State, of the accuracy of the records and the allowability of expenditures charged to Grant funds. B. The Contractor agrees that the Department or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement. The Contractor agrees to provide the Department or its designee, with any relevant information requested. The Contractor agrees to permit the Department or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the CESH Statutes, the NOFA, and this Agreement. C. The Contractor further agrees to retain all records for a period of (5) five years after the end of the term of-this Agreement: 1) If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it. California Emergency Solutions and Housing Program (CESH) NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Exhibit C-1 Page 11 of 14 County of Fresno 19-CESH-12962 Page 5 of 7 EXHIBIT D 2) The Contractor also agrees to include in any contract that it enters into in an amount exceeding $10,000, the Department's right to audit the contractor's records and interview their employees. The Contractor shall comply with the caveats and be aware of the penalties for violation of fraud and for obstruction of investigation as set forth in California Public Code Section 10115.10. D. The determination by the Department of the eligibility of any expenditure shall be final. If the eligibility of any expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed, and HCD shall determine the reimbursement method for the amount disallowed. E. The Contractor shall retain all books and records relevant to this Agreement for a minimum of (5) five years after the end of the term of this Agreement. Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five years after the conclusion or resolution of the matter. 8. Breach and Remedies A. The following shall each constitute a breach of this Agreement: 1) Contractor's failure to comply with the terms of this Agreement. 2) Use of, or permitting the use of, Grant funds provided under this Agreement for any ineligible costs or for activities not approved under this Agreement. 3) Any failure to comply with the deadlines set forth in this Agreement. B. In addition to any other remedies that may be available to the Department in law or equity for breach of this Agreement, the Department may: 1) Bar the Contractor from applying for future CESH funds; 2) Revoke any other existing CESH award(s) to the Contractor; 3) Require the return of any unexpended CESH funds disbursed under this Agreement; 4) Require repayment of CESH funds disbursed and expended under this agreement; 5) Require the immediate return to the Department of all funds derived from the use of CESH funds including, but not limited to recaptured funds and returned funds; 6) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the technical assistance in accordance with the CESH Program requirements; and, California Emergency Solutions and Housing Program (CESH) NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Exhibit C-1 Page 12 of 14 County of Fresno 19-CESH-12962 Page 6of7 EXHIBIT D 7) Seek such other remedies as may be available under the relevant agreement or any law. C. All remedies available to the Department are cumulative and not exclusive and shall survive the expiration date of the contract. D. The Department may give written notice to the Contractor to cure the breach or violation within a period of not less than 15 days. 9. Termination A. The Department may terminate this Agreement at any time for cause by giving a minimum of fourteen (14) days' notice of termination, in writing, to the Contractor. Cause shall consist of, violations of any terms and/or special conditions of this Agreement, the CESH Statutes, or the NOFA. Upon termination of this Agreement, unless otherwise approved in writing by the Department, any unexpended funds received by the Contractor shall be returned to the Department within thirty (30) days of the notice of termination. B. This Agreement is subject to any additional restrictions, limitations or conditions, or statute, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or the State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner. C. The Department has the option to terminate this Agreement under the fourteen (14) day cancellation clause or to amend this Agreement to reflect any reduction of funds. 10. Waivers No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Contractor of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions. 11. Relocation Contractor shall comply with all requirements of applicable California relocation law (Gov. Code, § 7260 et seq. and the regulations promulgated thereunder at Cal. Code Regulations, Title. 25, § 6000 et seq.). Any relocation plan for the Development shall be subject to the review and approval by the State. California Emergency Solutions and Housing Program (CESH) NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Exhibit C-1 Page 13 of 14 County of Fresno 19-CESH-12962 Page 7 of 7 EXHIBIT D 12. Special Conditions-Contractors and Subrecipients The Contractor agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions shall be met to the satisfaction of the Department prior to disbursement of funds. The Contractor shall ensure that all Subrecipients are made aware of and agree to comply with all conditions of this Agreement and the applicable State requirements governing the use of Grant funds. The Contractor shall ensure that all Subrecipients are qualified to do business and in good standing with the California Secretary of State and the California Franchise Tax Board. Failure to comply with these conditions may result in cancellation of this Agreement. 13. Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Contractor agrees to comply with all State and Federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the Grant, the Contractor, its Subrecipients, and any other Grant activity. 14. Litigation A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable. B. The Contractor shall notify the Department immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or the Department and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department. California Emergenpy Solutions and Housing Program (CESH) NOFA Date: 03/21/19 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09h 9/19 Prep. Date: 10/11/2019 Exhibit C-1 Page 14 of 14 County of Fresno 19-CESH-12962 Page 1 of 1 EXHIBIT E SPECIAL CONDITIONS These Special Conditions are specific for this Standard Agreement. 1. None. California Emergency Solutions and Housing (CESH) Program NOFA Date: 03/21/2019 NOFA Amended Date: 04/08/19 and 06/10/19 Approved Date: 09/19/19 Prep. Date: 10/11/2019 Revised Exhibit D Page 1 of 25 Agreement No.20-196 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENTNUMBER PURCHASING AUTHORITY NUMBER(if Applicable) STD 213(Rev,03/2019) 1 20-HHAP-00096 1,This Agreement Is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCYNAME Business,Consumer Services,and Housing Agency CONTRACTOR NAME County of Fresno 2.The term of this Agreement Is; START DATE Upon BCSH Approval THROUGH END DATE 06/30/2025 3.The maximum amount of this Agreement is: $2,325,640.36 4.The parties agree to comply with the terms and condlCons of the following exhibits,which are by this reference made a part of the Agreement. Exhibits Title Wages Exhibit A Scope of Work 1-6 Exhibit B Budget Detall and Payment.Provisions 7-11 Exhibit C Homeless Coordinating and Financing Council Terms and Conditions 12-21 + Exhibit D Special Terms and Conditions 22 + Exhibit E* General Terms and Conditions 23 Items shown with an asterls *,are hereby corporaW by reference and maorepurto t is agreement as ifd1tached hereto. These documents can be viewed othLsr//www.dgs,ca.aov/OL51Resources_ IN WITNESS WHEREOF,THIS AGREEMENT RAS BEEN EXECUTED BY THE PARTIES HERETO. - CONTRACTOR i CONTRACTOR NAME(If other than an individual,state whethera corporation,partnership;etc,) --County of,Fresno_ _ I CONTRACTOR BUSINESS ADDRESS ATTEST: CITY STATE ZIP BERNICE E.SEII�EL ' PO Box 24055 Cleric of the Board of Supervisors Fresno CA 93612 PRINTED NAME OF PERSON SIGNING County of Fresno State California TITLE i Ernest Buddy Mendes a 00-1 Deputy Chairman,Board of Supervisors CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED Page 1 of 2 ) Revised Exhibit D Page 2 of 25 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER ::: PURCHASING AUTHORITY NUMBER(If Appllcable) S70 213(Rev.03/2019) 20-HHAP-00096 STATE OF CALIFORNIA CONTRACTING AGENCY NAME Business,Consumer Services,and Housing Agency CONTRACTING AGENCY ADDRESS CITY STATE ZIP 915 Capitol Mall,Suite 350A Sacramento CA 95814 PRINTED NAME OF PERSON SIGNING TITLE Lourdes Castro Ramfrez Secretary CONTRACTING AGENCY HO DSIGNATURE DATESI(;N D � 1f 12-® CALIFORNIA DEPARTMENT 04ENERAL SERVICES APPROVAL EXEMPTION OfAppllcable) I i l i I 1 i Paae 2 of 2 I Revised Exhibit D Page 3 of 25 County of Fresno 20-HHAP-00096 Page 1 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK I. Authority The State of California has established the Homeless Housing, Assistance, and Prevention Program ("HHAP" or "Program" or "grant") pursuant to Chapter 6 (commencing with Section 50218) of Part 1 of Division 31 of the Health and Safety Code. (Added by Stats.2019, c. 159 (A.B. 101), § 10, eff. July 31, 2019.) The Program is administered by the California Homeless Coordinating and Financing Council ("Council") in the Business, Consumer Services and Housing Agency ("Agency"). HHAP provides one-time flexible block grant funds to continuums of care, large cities (population of 300,000+) and counties as defined in the December 6,2019 HHAP Notice of Funding Availability ("NOFA") to support regional coordination and. expand or develop local capacity to address immediate homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. This Standard Agreement along with all its exhibits ("Agreement") is entered into by the Agency and a continuum of care, a city, or a county("Grantee") under the authority of, and in furtherance of the purpose of, the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of the Agreement; the NOFA under which the Grantee applied;-the representations contained in the Grantee's application, and the requirements of the authority cited above. 2. Purpose The general purpose of the Program is to provide one-time block grant funding to support regional coordination, and to expand or develop local capacity to address immediate homelessness challenges. Activities will be informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing, In accordance with the authority cited above, an application was created and submitted by the Grantee for HHAP funds to be allocated for eligible uses as stated in Health and Safety Code section 50219, subdivision (c)(1) -- (8). 1 i Homeless Housing,Assistance and Prevention Program NOFA Date:December 6, 2019 1 _ Revised Exhibit D Page 4 of 25 County of Fresno 20-HHAP-00096 Page 2 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK 3. Definitions i The following HHAP program terms are defined in accordance with Health and Safety Code section 50216, subdivisions (a)—(q): (a) "Agency" means the Business, Consumer Services and Housing Agency. (b) "Applicant" means a continuum of care, city, or county. (c) "City" means a city or city and county that Is legally incorporated to provide local government services to its population.A city can be organized either underthe general laws of this state or under a charter adopted by the local voters. (d) "Continuum of care"means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations. (e) "Coordinated Entry System" means a centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized -or coordinated assessment system shall cover the- geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool. (f) "Council" means the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and institutions Code. (g) "Emergency shelter"has the same meaning as defined in subdivision (e)of Section 50801. (h) "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019. (i) "Homeless Management Information System means the in formation system designated by a continuum of care to comply with federal reporting requirements as I defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term �. "Homeless Management Information System"also includes the use of a comparable i Homeless Housing,Assistance and Prevention Program NOF'A Date: December 6, 2019 ! Revised Exhibit D Page 5 of 25 County of Fresno 20-HHAP-00096 Page 3 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORD database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations. "Homeless point-in-time count" means the 2019 homeless point-in-time count pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations.A jurisdiction may elect to instead use their 2017 point-in-time count if they can demonstrate that a significant methodology change occurred between the 2017 and 2019 point-in-time counts that was based on an attempt to more closely align the count with HUD best practices and undertaken in consultation with HUD representatives.Ajurisdiction shall submit documentation of this to the agency by the date by which HUD's certification of the 2019 homeless point-in-time count is finalized. The agency shall review and approve or deny a request described in the previous sentence along with a Jurisdiction's application for homeless funding. (k) "Homeless youth" means an unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act(42 U.S.C. Sec. 11434a(2)). "Homeless youth" includes unaccompanied youth who are pregnant or parenting. (1) "Housing First" has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all of the core components-listed therein, (m) "Jurisdiction" means a city, city that is also a county, county,or continuum of care, as defined in this section. (m)"Jurisdiction" means a city, city that is also a county, county, or continuum of care, as defined in this section. (n) "Navigation center" means a Housing First, low-barrier, service-enriched shelter I focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. (a) "Program" means the Homeless Housing, Assistance, and Prevention program established pursuant to this chapter. i Homeless Housing,Assistance and Prevention Program NOFA Date: December 6, 2019 f Revised Exhibit D Page 6 of 25 County of Fresno 20-HHAP-00096 Page 4 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK (p) "Program allocation" means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges; In the amount of six hundred fifty million dollars ($650,000,000). (q) "Recipient" means a jurisdiction that receives funds from the agency for the purposes of the program. Additional definitions for the purposes of the HHAP program: f "Obligate" means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using HHAP funding. Grantees, and the subrecipients who receive awards from those Grantees, must obligate the funds by the statutory deadlines set forth in this Exhibit A. "Expended means all HHAP funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding. In the case of an award made through subcontracting, subcontractors are required to obligate the funds by the same statutory deadlines. i "Grantee" means the continuum of care, city, or county that has entered into contract with the Business, Consumer Services and Housing Agency and is receiving HHAP funding,_ ._ 4. Scope of Work The Scope of Work ("Work')for this Agreement shall include uses that are consistent with Health and Safety Code section 50219, subdivision (c)(1) — (8), and any other applicable laws. Eligible uses include the following: A. Dental assistance and rapid rehousing. B. Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves. C. Incentives to landlords, including, but not limited to, security deposits and holding fees. D. Outreach and coordination, which may include access to job programs, to assist vulnerable populations in accessing permanent housing and to promote housing stability in supportive housing. l Homeless Housing, Assistance and Prevention Program NOPA Date: December 6, 2019 f Revised Exhibit D Page 7 of 25 County of Fresno 20-HHAP-00096 Page 5 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK E. Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations Including families and homeless youth. F. Delivery of permanent housing and innovative housing solutions such as hotel and motel conversions. G. Prevention and shelter diversion to permanent housing. H. New navigation centers and emergency shelters based on demonstrated need. Demonstrated need for purposes of this paragraph shall be based on the following: L The number of available shelter beds in the city, county, or region served by a continuum of care. ii. Shelter vacancy rate in the summer and winter months. III. Percentage of exits from emergency shelters to permanent housing solutions. Iv. A plan to connect residents to permanent housing. 6. Agency Contract Coordinator The Agency's Contract Coordinator for this Agreement Is the Council's HHAP Grant Manager or the Grant Manager's designee. Unless otherwise instructed, any notice, report, or other communication requiring an original Grantee signature for this Agreement shall be mailed to the Agency Contract Coordinator. If there are opportunities to send information electronically, Grantee will be notified via email by the HHAP Grant Manager or the Grant Manager's designee. The Representatives during the term of this Agreement will be: PROGRAM GRANTEE ENTITY: Business Consumer Services and County of Housing Agency Fresno SECTION/UNIT' Homeless Coordinating and Financing Council(HCFC) 915 Capitol Mall Suite 350-A PO Box 24066 ADDRESS: Sacramento,CA 95814 Fresno,California 93612 a CONTRACT MANAGER Amber Ostrander Launa MorenoProgram Manager PHONE NUMBER: 916-661-7995 559-600-2335 EMAIL ADDRESS: Amber.Ostrander@bcsh.ca.gov Ihaga@fresnocountyca,gov i r Homeless Housing,Assistance and Prevention Program NOFA Date: December 6, 2019 � Revised Exhibit D Page 8 of 25 County of Fresno 20-H HAP-00096 Page 6 of 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK All requests to update the Grantee information listed within this Agreement shall be emailed to the Homeless Coordinating and Financing Council's general email box at hcfc(@-bcsh.ca.gov. The Council reserves the right to change their representative and/or contact information at any time with notice to the Grantee. 6. Effective _Date, Term of Agreement, and Deadlines A. This Agreement is effective upon approval by the Agency (indicated by the signature provided by Agency in the lower left section of page one, Standard Agreement, STD. 213),when signed by all parties. B. Contractual Obligation: Grantees that are counties must contractually obligate 100 percent of their full program allocations on or before May 31, 2023. • Grantees that are cities or continuums of care must contractually obligate no less than 50 percent of program allocations on or before May 31, 2023. Cities or continuums of care that contractually obligate less than 50 percent or program allocations after May 31, 2023 are subject to an alternative disbursement plan as required under(Health & Safety Code, 50220, subdivision (a)(4)(13). C. Full Expenditure of HHAP Grant Funds • All HHAP grant funds (100.percent) must be expended by June 30, 2025. Any funds not expended by that date shall revert to the General Fund. (Health & Safety Code, § 50220, subdivision (e).) 7. Special Conditions Agency reserves the right to add any special conditions to this Agreement it deems necessary to ensure that the goals of the Program are achieved. Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 i i Revised Exhibit D Page 9 of 25 County of Fresno 20-HHAP-00096 Page 7 of 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. Budget Detail & Changes The Grantee agrees that HHAP funds shall be expended on uses that support regional coordination and expand or develop local capacity to address immediate homelessness challenges, Such activities must be informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. The Grantee shall expend HHAP funds on eligible activities as detailed in the annual budget submitted with the Grantee's approved application. The Grantee shall submit an updated budget with the annual report that revises and reports all actual and projected expenditures of HHAP funds. Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by the Agency so long as the total expenditures (actual and projected)for each eligible use category remain the same as described in the budget approved with the Grantee's application, Any decrease or increase to the total expenditures for any eligible use category must otherwise be approved by the Council's HHAP Grant Manager or his/her designee, in writing, before the Grantee may expend HHAP funds according to an alternative budget. The HHAP Grant Manager will respond)to Grantee With approval or denial of request. Failure to obtain written approval from the Grant Manager or his/her designee as required by this section may be considered a breach of this Agreement. 2. General Conditions,Prior to Disbursement All Grantees must submit the following forms prior to HHAP funds being released: A. Request for Funds Form (RFF) i B. STD 213 Standard Agreement - 2 original copies of the signed STD 213 form and initialed Exhibits A through E. i C. Data Use Agreement (continuums of care and counties that accepted redirected funding from a continuum of Care-see Exhibit D for relevant Special Terms and Conditions) Homeless Housing, Assistance and Prevention Program i NOFA Date: December 6, 2019 Revised Exhibit D Page 10 of 25 County of Fresno 20-HHAP-00096 Page 8 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 3. Disbursement of Funds HHAP funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Agency, the Department of General Services (DGS) and the State Controller's Office (SCO). Once Agency receives, reviews, and signs off on the completed documents, the documents will be sent to DGS for review. Once DGS review is completed, documents will be forwarded to SCO for final review and fund disbursement. The RFF must include the proposed eligible uses and the amount of funds proposed for expenditure under each eligible use. HHAP funds will be disbursed in a single allocation via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF, 4. Expenditure of Funds. Specific requirements and deadlines for contractually obligating and expending awarded funds are set forth in the Homeless Housing, Assistance, and Prevention Program statutes. Health and Safety Code sections 50218, 50219, and 50220 mandate the following: A. Up to 5 percent of the HHAP allocation may be expended for the following uses that are(ntehded to meet federal requirements forhouslrig fundiing: _ _ . (1) Strategic homelessness plan, as defined in section 578.7(c) of Title 24 of the Code of Federal Regulations; and/or (2) Infrastructure development to support coordinated entry systems and Homeless Management Information Systems. B. No more than 7 percent of the HHAP allocation may be used for administrative costs incurred by the Grantee. C. At least 8 percent of the'HHAP allocation shall be used to establish or expand services for homeless youth populations. D, Grantees that are cities or continuums of care shall contractually obligate no less than 50 percent of HHAP funds by May 31, 2023. If less than 50 percent is obligated after May 31, 2023, continuums of care and cities shall not expend any remaining portion of the 50 percent of program allocations required to have i been obligated unless and until both of the following occur: i Homeless Housing,Assistance and Prevention Program NOFA Date: December6, 2019 1 I I f Revised Exhibit D Page 11 of 25 County of Fresno 20-HHAP-000.96 Page 9 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS (1) On or before June 30, 2023, the Grantee submits an alternative disbursement plan to Agency that includes an explanation for the delay and a plan to fully expend these funds by December 31, 2023, (2) Agency approves the alternative disbursement plan. If the funds identified In the approved alternative disbursement plan are not fully expended by December 31, 2023, the funds shall be returned to Agency. E. Grantees that are counties shall contractually obligate the full allocation (100 percent) awarded to them by May 31, 2023. Any funds that are not contractually obligated by this date shall be reverted to the continuum of care that serves the county. Specific to Los Angeles County, funds that are not contractually obligated by this date shall be divided proportionately using the HHAP funding allocation formula among the four CoC's that serve Los Angeles County: City of Glendale CoC, City of Pasadena CoC, the City of Long Beach CoC, and the Los Angeles Homeless Services Authority. Counties not obligating their full program allocation by May 31, 2023 are required to notify Agency on or before that date, of the name of the CoC(s) in which the county is served, and the amount of program funds that will be reverted to the CaC(s). gyJune 30, 2023,the county sl all'provid6Agency With evidence that the funds were transferred and submit an updated budget that clearly identifies the funds that were transferred. F. All HHAP funds shall be expended by June 30, 2025. i G. Any funds not expended by June 30, 2025 shall revert to the General Fund. 5. Reimbursement HHAP program funds should not generally be obligated or expended prior to the effective date of this Agreement. However, Agency acknowledges that there may be circumstances that would require reimbursement in order to prevent or address homelessness in a given jurisdiction. When considering a reimbursement, the following requirements are applicable: A. Reimbursement is not permitted for activities occurring prior to July 1, 2019. , I I Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 Revised Exhibit D Page 12 of 25 County of Fresno 20-HHAP-00096 Page 10 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS B. Reimbursement shall not supplant existing local funds for homeless housing, assistance, or prevention. C. Approval from HCFC must be obtained prior to obtaining reimbursement. D. Capital 'improvement projects pertaining to emergency shelters and navigation centers are still required to demonstrate need. Eligible applicants are required to submit the following information for HCFC to review and approve or deny j such projects: i (1) The number of available shelter beds in the jurisdiction; (2) The shelter vacancy rate in the summer and winter months; (3) The percentage of exits from emergency shelters to permanent housing solutions; and (4)A plan to connect residents to permanent housing. 6. Ineligible Costs HHAP funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code sections 50218 and 50219. Agency reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use HHAP funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to Agency. An expenditure which is not authorized by this Agreement, or by written approval of the Grant Manager or his/her designee, or which cannot be adequately documented, shall be disallowed and must be reimbursed to Agency by the Grantee. Agency, at its sole and absolute discretion, shall make the final determination IiI regarding the allowability of HHAP fund expenditures, I Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. l a Homeless Housing,Assistance and Prevention Program I NOFA Date: December 6, 2019 I Revised Exhibit D Page 13 of 25 'County of Fresno 20-HHAP-00095 Page 11 of 23 Homeless Housing, Assistance and Prevention Standard Agreement 7. Admil istrratiye Costs The Grantee must comply with Health and Safety Code section 50219, subdivision (e), which limits the Grandee's administrative costs to no more than 7 percent of total HHAP funds received. For purposes of this requirement, "administrative costs" does not include staff or other costs directly related to Implementing activities funded by the Program allocation. I Homeless Housing,Assistance and Prevention program NOFA Date; December 6, 2019 Revised Exhibit D Page 14 of 25 County of Fresno 20-H HAP-00096 Page 12 of 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 1. Termination and Sufficiency of Funds A. Termination of Agreement Agency may terminate this Agreement at any time for cause by giving a minimum of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in paragraph 6 of this Exhibit C, violation of any federal or state laws; or withdrawal of Agency's expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by Agency, any unexpended funds received by the Grantee shall be returned to Agency within 30 days of Agency's notice of termination. B. Sufficiency of Funds This Agreement is valid and enforceable only if sufficient funds are made available to Agency by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes,, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner. 2. Transfers Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except with the prior written approval of Agency and a formal amendment to this Agreement to affect such subcontract or novation, i 3. Grantee'_s Application for Funds j Grantee has submitted to Agency an application for HHAP funds to support regional coordination and expand or develop local capacity to address its immediate homelessness challenges. Agency is entering into this Agreement on the basis of, and in substantial reliance upon, Grantee's facts, Information, assertions and representations contained in that application, and in any subsequent modifications or 4 additions thereto approved by Agency. The application and any approved modifications and additions thereto are hereby incorporated into this Agreement, d Homeless Housing,Assistance and Prevention Program NOFA Date: December 6, 2019 Revised Exhibit D Page 15 of 25 County of Fresno 20-HHAP-00096 Page 13 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee's knowledge. In the event that any part of the application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect Agency approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then Agency may declare a breach of this Agreement and take such action or pursue such remedies as are legally available. 4. R_epork[neLAudits A. Annual Report Deadlines By January 1, 2021, and annually on that date thereafter until all funds have been expended, the Grantee shall submit an annual report to Agency in a format provided by Agency. If the Grantee fails to provide such documentation, Agency may recapture any portion of the amount authorized by this Agreement with a 14-day written notification. No later than January 1, 2026, the Grantee shall submit a final report, in a format provided by Agency, as well as a detailed explanation of all uses of the Program funds. ._-'Reporting Requiiremonts The annual report shall contain detailed information in accordance with Health and Safety Code section 60221, subdivision (a).This information includes the following, as well as any additional information deemed appropriate or necessary by Agency: 1. An ongoing tracking of the specific uses and expenditures of any Program funds broken out by eligible uses listed; including the current status of those funds. 2. The number of homeless individuals served by the Program funds in that year, and a total number served in all years of the Program, as well as the homeless populations served. '1 3. The types of housing assistance provided, broken out by the number of Individuals. i I 1 t Homeless Housing, Assistance and Prevention Program I NOFA Date: December 6,2019 i I� 1 Revised Exhibit D Page 16 of 25 County of Fresno 20-HHAP-00096 Page 14 of 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 4. Outcome data for an individual served through Program funds, including the type of housing that an individual exited to, the percent of successful housing exits, and exit types for unsuccessful housing exits. In addition to the annual reports, Agency requires the Grantee to submit quarterly expenditure reports due no later than 30 days following the end of each fiscal quarter. Grantee shall submit a report to the agency on a form and method provide by the agency, that includes the ongoing tracking of the specific uses and expenditures of any program funds broken out by eligible uses listed, including the current status of those funds, as well as any additional information the agency deems appropriate or necessary. Agency may require additional supplemental reporting with written notice to the Grantee. C. Auditing Agency reserves the right to perform or cause to be performed a financial audit. At Agency request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. HHAP administrative funds may be used to fund this expense. 1. If a financial audit is required by Agency, the audit shall be performed by an independent certified public accountant. I. 2. The Grantee shall notify Agency of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by Agency to the independent auditor's working papers. 3. The Grantee is responsible for the completion of audits and all costs of preparing audits, o 4. If there are audit findings, the Grantee must submit a detailed response acceptable to Agency for each audit finding within 90 days from the date of the audit finding report. 6. Inspection and Retention of Records i A. Record Inspection The Grantee agrees that Agency or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement. The Grantee agrees to provide Agency, or its designee, with any i Homeless Housing, Assistance and Prevention Program c NOFA Date: December 6, 2019 g Revised Exhibit D Page 17 of 25 County of Fresno 20-HHAP-00096 Page 15 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS relevant information requested. The Grantee agrees to give Agency or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have Information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the Homeless Housing, Assistance, and Prevention Program laws, the HHAP program guidance document published on the website, and this Agreement. B. Record Retention The Grantee further agrees to retain all records described in suboaraaraphhAA for a minimum period of five (5) years after the termination of this Agreement. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it. 6. Breach and Remedies A. Breach ment Breac &thfis Agre h went'nciudes, but is nothmited`to, the following events, 1. Grantee's failure to comply with the terms or conditions of this Agreement. 2. Use of, or permitting the use of, HHAP funds provided under this Agreement for any ineligible activities. 3. Any failure to comply with the deadlines set forth in this Agreement. B. Remedies for Breach of Agreement In addition to any other remedies that may be available to Agency'in law or equity for breach of this Agreement,Agency may: 1.. Bar the Grantee from applying for future HHAP funds; 2. Revoke any other existing HHAP award(s)to the Grantee; 3. Require the return of any unexpended HHAP funds disbursed under this Agreement; 4. Require repayment of HHAP funds disbursed and expended under this Ag reement; i Homeless Housing, Assistance and Prevention Program I NOFA Date: December 6, 2019 Revised Exhibit D Page 18 of 25 County of Fresno 20-HHAP-00096 Page 16 of 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 5. Require the immediate return to Agency of all funds derived from the use of i HHAP funds including, but not limited to, recaptured funds and returned funds; and 6. Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the technical assistance in accordance with HHAP requirements. C. All remedies available to Agency are cumulative and not exclusive. D. Agency may give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days. 7. Waivers i i I No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Agency to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Agency to enforce these provisions. S. Nondiscrimi anion. During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex(gender), sexual orientation, gender identity., gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Grantees and subGrantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment, Grantee and its subreciplents shall Comply with the provisions of California's laws against discriminatory practices relating to specific groups; the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.), the regulations promulgated thereunder(Cal. Code Regs., tit. 2, § 11000 et seq ); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135 - 11139.6). Grantee and its subrecipients shall give written notice of their obligations i Homeless Housing, Assistance and Prevention Program I NOFA Date: December 6, 2019 I Revised Exhibit D Page 19 of 25 County of Fresno 20-HHAP-00096 Page 17 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS under this clause to labor organizations with which they have a collective bargaining or other agreement. 9. Conflict of Interest All Grantees are subject to state and federal conflict of interest laws. For instance, Health and Safety Code section 50219, subdivision (h) states, "FDr purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county." Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections'10410 and 10411. i -_ A: Current State-EMp(oyeeg; No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own 'behalf as an independent Grantee with any State agency to provide goods or services. B. Former State Employees: For the two--year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter Into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service, C. Homeless Housing,Assistance and Prevention Program NOFA Date: December 6,2019 i Revised Exhibit D Page 20 of 25 County of Fresno 20-HHAP-00096 Page 18 of 23 Homeless Housing, Assistance and Prevention Standard Agreement i EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL. TERMS AND CONDITIONS C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the a Political Reform Act of 1974 (Gov. Code, § 81000 et seq.). D. Representatives of a County: A representative of. a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial E. interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county. 10. Drug-Free Wo:rltplace Certification Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by tatting the following actions: A. Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code section 8355, subdivision (a)(1). B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355, subdivision (a)(2) to inform employees., Grantees, or subrecipients about all of the following: 1. The dangers of drug abuse in the workplace; 2. Grantee's policy of maintaining a drug-free workplace; 3. Any available counseling, rehabilitation, and employee assistance program; and 4. Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations. i Homeless Housing, Assistance and Prevention Program N©FA Date: December 8, 2019 Revised Exhibit D Page 21 of 25 t County of Fresno 20-HHAP-00096 Page 19 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS C. Provide, as required by Government Code section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement: 1, Will receive a copy of Grantee's drug-free policy statement, and 2. Will agree to abide by terms of Grantee's condition of employment or subcontract. i 11. Child Support Compliance Act For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that: A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry mair talned by the California Employment Development Department. i I 12. Special Conditions —Grantees/SubGrantee The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit D. These conditions shall be met to the satisfaction of Agency prior to disbursement of funds. The Grantee shall ensure that all SubGrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of HHAP funds. Failure to comply with these conditions may result In termination of this Agreement. A. The Agreement between the Grantee and any SubGrantee shall require the Grantee and its SubGrantees, if any, to: 1. Perform the work in accordance with Federal, State and Local housing and building codes, as applicable. i i a Homeless Housing,Assistance and Prevention Program NOFA Date:December 6, 2019 i Revised Exhibit D Page 22 of 25 County of Fresno 20-HHAP-00096 Page 20 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT,C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 2. Maintain at least the minimum State-required worker's compensation for those employees who will perform the work or any part of it. 3. Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any SubGrantee in performing the Work or any part of it. 4. Agree to include all the terms of this Agreement in each subcontract. I 13. Compliani~g with State and Federal Laws, Rules, Guidelines and Regulations The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the HHAP program, the Grantee, its subrecipients; and all. eligible activities. Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal,.state, and local laws, `ri,iles or regulations affPGting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to Agency upon request. 14. Inspections A. Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. B. Agency reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, ` state and/or local requirements, and this Agreement. C. Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subreciplent until it is corrected. Homeless Housing,Assistance and Prevention Program NOFA Date: December 6,2019 Revised Exhibit D Page 23 of 25 County of Fresno 20-HHAP-00096 Page 21 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 16. Litigation A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Agency, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable. D, The Grantee shall notify Agency immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or Agency, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Agency. I i I Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 Revised Exhibit D Page 24 of 25 County of Fresno 20-HHAP-00096 Page 22 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. All proceeds from any interest-bearing account established by the Grantee for the deposit of HHAP funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of HHAP funds, must be used for HHAP-eligible activities. 2. Any housing-related activities funded with HHAP funds, including but not limited to emergency shelter, rapid-rehousing, rental.assistance, transitional housing and permanent supportive housing, must be in compliance or otherwise aligned with the core components of Housing First, pursuant to Welfare and Institutions Code section 8255, subdivision (b). 3. Grantee agrees to utilize its local Homeless Management Information System (HMIS) to track HHAP-funded projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by HHAP funding (e.g., by creating appropriate HHAP-specific funding sources and project codes in HMIS). 4. Grantee agrees to participate in the statewide data system or warehouse created by Agency to collect local data from California continuums of care through the HMIS, and sign any required data use agreements allowing Agency to access Grantee's p HMIS data for'that rpbse 5. If Grantee is a continuum of care or a county that accepted redirected funding from a continuum of care, it shall review and execute a data use agreement no later than July 31, 2020, In order to ensure compliance with Health and Safety Code section 602.19, subdivision (a)(7) and (10). Grantee's failure to timely execute a data use agreement will constitute a breach of this Agreement. In this event, BCSH, in its sole and absolute discretion, may exercise any and all remedies permitted by this Agreement or by applicable law. i i H `ameles� Housing,Assistance and Prevention Program NOFA Date: December 6,2019 Revised Exhibit D Page 25 of 25 County of Fresno 20-HHAP-00096 Page 23 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT E GENERAL TERMS AND CONDITIONS This exhibit is incorporated by reference and made part of this agreement. This document can be viewed at the following link: httl2s//www.dgs.ca.aoI/OL$`Resources/eacie-Content/Office of-Legal-Services- Resources-List Folder/Standard-Contract!-Languege 1I i i I 1 9 I Homeless Housing, Assistance and Prevention Program NO FA bake: December 6,2019 Revised Exhibit D-1 Page 1 of 25 Agreement No.20-197 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENTNUMBER PURCHASING AUTHORITY NOMBER(if Applicable) STD 213(Rev.03/2019) 20-HHAP-00097 1.This Agreement is entered Into between the Contracting Agency and the Contractor named below. CONTRACTING AGENCY NAME Business,Consumer Services,and Housing Agency CONTRACTOR NAME County of Fresno(CA-514 Fresno Madera CoQ 2.The term of this Agreement Is: START DATE Upon BCSH Approval THROUGH END DATE 06/30/2025 3.The maximum amount of this Agreement Is: $2,954,437.15 4.The parties agree to comply with the terms and conditions of the following exhibits which are b this reference made a art of p 9 p Y 5 Y p the Agreement. Exhibits Title Pages Exhibit A Scope of Work 1-6 Exhibit B Budget retail and Payment Provisions 7y1 p'I I Exhibit C Homeless Coordinating and Financing Council Terms and Conditions 92-21 Exhibit D Special Terms and.Conditions 22 + Exhibit E'* General Terms and Conditions 33 Items shown with an asterfs ("),are herebyincorporated byreference an ma a part' thfs agreement as if attached ereto, j These documents can be viewed otht0i Lv ww;das.co goylOL4 Resources IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BYTHEPART TIES HERETO: CONTRACTOR CONTRACTOR NAME(If othet than an individual,state whether a corporation,partnership,etc.) -- County of Fresno(CA-514 Fresno.Madera CoC) . CONTRACTOR BUSINESS ADDRESS ATTEST: CITY STATE ZIP SE:RNICE E.SEIDEL PO Box 24055 Clerk of the Board of Supervisors Fresno CA 9779 PRINTED NAME OF PERSON SIGNING County of Fresno,State of Califbrnia TITLE Ernest Buddy Mendes By Deputy Chairman,Board of Supervisors CONTRACTOR AUTHORIZED SIGNATURE DATESIGNED ato.abSic:> Page 1 of 2 Revised Exhibit D-1 Page 2 of 25 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(if Applicable) STD 213(Rev.03l201 Q) 20-HHAP-00097 STATE OF CALIFORNIA CONTRACTING AGENCY NAME Business,Consumer Services,and Housing Agency CONTRACTING AGENCYADDRESS CITY STATE JZIP 915 Capitol Mall,Suite 350A Sacramento CA 95814 PRINTED NAME OF PERSON SIGNING THE Lourdes Castro Ramirez Secretary CONTRACTINGAGEN UT IZEpS16 RE DATESIGNED CALIFORNIA DEPARTM FGENERALSERVICESAPPROVAL EXEMPTION(If Applicable) III i i Pace 2 of 2 Revised Exhibit D-1 Page 3 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 1 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK 1. AULhority The State of California has established the Homeless Housing, Assistance, and Prevention Program ("HHAP" or "Program" or "grant") pursuant to Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code, (Added by Stats.2019, c. 159(A.B. 101), § 10, eff. July 31, 2019.) The Program is administered by the California Homeless Coordinating and Financing Council ("Council") in the Business, Consumer Services and 'Housing Agency ("Agency"). HHAP provides on.e4ime flexible block grant funds to continuums of care, large cities (population of 300,000+)and counties as defined in the December 6, 2019 HHAP Notice of Funding Availability ("NOFA") to support regional coordination and expand or develop local capacity to address immediate homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. This Standard Agreement along with all its exhibits ("Agreement") is entered into by the Agency and a continuum of care, a city, or a county("Grantee")under the authority of, and in furtherance of the purpose of, the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms Agreement, pp epresentatio s contained In the Grantee's application, and the requirements of he authority cited above. 2. Purpose I I The general purpose of the Program is to provide one-time block grant funding to support regional coordination, and to expand or develop local capacity to address q immediate homelessness challenges. Activities will be informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. In accordance with the authority cited above, an application was I created and submitted by the Grantee for HHAP funds to be allocated for eligible uses as stated in Health and Safety Code section 60219, subdivision (c)(1) (8). Homeless Housing, Assistance and Prevention Program NOFA Date:Decembet 6, 2019 I Revised Exhibit D-1 Page 4 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 2 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK 3. Definitions The following HHAP program terms are defined in accordance with Health and Safety Code section 50216,subdivisions (a)—(q). (a) "Agency" means the Business, Consumer Services and Housing Agency. (b)"Applicant" means a Continuum of care, city, or county. (C) "City" means a city or city and county that is legally incorporated to provide local government services to its population.A city can be organized either under the general laws of this state or under a charter adopted by the local voters. (d) "Continuum of care" means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations. (e) "Coordinated Entry System" means a centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy -- -this-subdivision, a centralized or coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool. (f) "Council' means the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code. (g) "Emergency shelter"has the same meaning as defined in subdivision(e)of Section 60801. (h) "Homeless" has the saute meaning as defined in Section 578.3 of Title 24 of the I Code of Federal Regulations, as that section read on January 10, 2019. (i)"Homeless Management Information System" means the information system designated by a continuum of care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term "Homeless Management Information System"also includes the use of a comparable Homeless Housing;Assistance and Prevention Program NO FA Date: December6, 2019 Revised Exhibit D-1 Page 5 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 3 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations. (j) "Homeless point-its-time count" means the 2019 homeless point-in-time count pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations.A jurisdiction may elect to instead use their 2:017 point-in-time count if they can demonstrate that a significant methodology change occurred between the 2017 and 2019 point-in-time counts that was based on an attempt to more closely align the count with HUD best practices and undertaken in consultation with HUD representatives.Ajurisdiction shall submit docurnentatlon of this to the-agency by the date by which HUD's certification of the 2019 homeless point-in-time count is finalized. The agency shag review and approve or deny a request described in the previous sentence along with a jurisdiction's application for homeless funding, (k) "Homeless youth" means an unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act(42 U.S.C, sec. 11434a(2)). "Homeless youth" includes unaccompanied youth who are pregnant or parenting. (1)"Housing First" has the same meaning as In Section 8255 of the Welfare and -- - - - - -Institutions Code,.including all of the core components listed therein. - - - (m) "Jurisdiction"means a city, city that is also a county, county, or continuum of care, as defined in this section. j (m)"Jurisdiction" means a city, city that is also a county, county, or continuum of care, as defined in this section, i (n) "Navigation center" means a Housing First, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. (o) "Program" means the Homeless Housing, Assistance, and Prevention program established pursuant to this chapter. Homeless Housing,Assistance and Prevention Program NOFA Date: December 6, 2019 Revised Exhibit D-1 Page 6 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 4 of 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK (p) "Program allocation" means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges, in the amount of six hundred fifty million dollars ($650,000,000). (q) "Recipient" means a jurisdiction that receives funds from the agency for the purposes of the program. Additional definitions for the purposes of the HHAP program: "Obligate" means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using HHAP funding. Grantees, and the subrecipients who receive awards from those Grantees, must obligate the funds by the statutory deadlines set forth in this Exhibit A. "Expended"means all HHAP funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding. In the case of an award made through subcontracting, subcontractors are required to obligate the funds by the same statutory deadlines. "Grantee" means the continuum of care, city, or county that has entered into contract with the Business, Consumer Services and Housing Agency and is receiving HHAP ,funding 4. Scope of Work The Scope of Work("Work")for this Agreement shall include uses that are consistent with Health and Safety Code section 50219, subdivision (c)(1) — (8), and any other applicable laws. Eligible uses include the following. A. Rental assistance and rapid rehousing. B. Operating subsidies in new and existing affordable or supportive housing units, j emergency shelters, and navigation centers. Operating subsidies may include operating reserves. C. Incentives to landlords, including, but not limited to, security deposits and holding 9 fees. D. Outreach and coordination, which may include access to job programs, to assist vulnerable populations in accessing permanent housing and to promote housing stability in supportive housing. Homeless Housing,Assistance and Prevention Program NOFA Date: December6, 2019 Revised Exhibit D-1 Page 7 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page b of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK E. Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations including families and homeless youth. F. Delivery of.permanent housing and innovative housing solutions such as hotel and motel conversions. G. Prevention and shelter diversion to permanent housing. H. New navigation centers and emergency shelters based on demonstrated need. Demonstrated need for purposes of this paragraph shall be based on the following: i. The number of available shelter beds in the city, county, or region served by a continuum of care. ii. Shelter vacancy rate in the summer and winter months, Ill. Percentage of exits from emergency shelters to permanent housing solutions. iv, A plan to connect residents to permanent housing. 5, agency Contract Coordinator The Agency's Contract Coordinator for this Agreement is the Council's HHAP Grant Manager or the Grant Manager's designee. Unless otherwise Instructed, any notice, report, or other communication requiring an original Grantee signature for this Agreement shall be mailed to the Agency Contract Coordinator. If there are opportunities to send information electronically, Grantee will be notified via email by _ the H HAP-Grant-Manager orthe Grant Manager's-designee. The Representatives during the term of this Agreement will be: s PROGRAM GRANTEE Business Consumer Services and Continuum of Care for CA-514 ENTITY: Housing Agency Fresno Madera a SECTIONIUNIT• Homeless Coordinating and Financing Council(HCFC) ADDRESS: 915 Capitol Mall Suite 350-A PO Box 24056 Sacramento, CA 96814 Fresno,CA 03770 i CONTRACT MANAGER Amber Ostrander Laura Moreno program Manager PHONE NUMBER: 916-651-7995 559-600-2335 EMAIL ADDRESS: Amber,Ostrander@bcsh.ca.gov Ihaga@fresnocountyco.gov Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 i Revised Exhibit D-1 Page 8 of 25 Continuum of Care for CA-614 Fresno Madera 20-HHAP-00097 Page 6 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK All requests to update the Grantee information listed within this Agreement shall be emailed to the Homeless Coordinating and Financing Council's general email box at hcfc(abcsh.ca.goy. The Council reserves the right to change their representative and/or contact Information at any time with notice to the Grantee. fi. Effective pate, Term of Agreement,.and Deadlines A. This Agreement is effective upon approval by the Agency (indicated by the signature provided by Agency in the lower left section of page one, Standard Agreement, STD. 213), when signed by all parties. B. Contractual Obligation: • Grantees that are counties must contractually obligate 100 percent of their full program allocations on or before May 31, 2023. • Grantees that are cities or continuums of care must contractually obligate no less than 50 percent of program allocations on or before May 31, 2023. Cities or continuums of care that contractually obligate less than 50 percent or program allocations after May 31, 2023 are subject to an alternative disbursement plan as required i under (Health & Safety Code, § 50220, subdivision (a)(4)(13) i C. Full Expenditure of HHAP Grant Funds • All HHAP grant funds (100 percent) must be expended by June 30,2026. Any funds not expended by that date shall revert to :the General Fund. (Health & Safety Code, § 50220, subdivision (e).) 7. Special Conditions Agency reserves the right to add any special conditions to this Agreement it deems necessary to ensure that the goals of the Program are achieved. Homeless Housing,Assistance and Prevention Program NOFA Date; December6,2019 Revised Exhibit D-1 Page 9 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 7 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT D BUDGET DETAIL AND PAYMENT PROVISIONS 1, Budget detail & Changes The Grantee agrees that HHAP funds shall be expended on uses thatsupport regional coordination and expand or develop local capacity to address immediate homelessness challenges. Such activities must be Informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. The Grantee shall expend HHAP funds on eligible activities as detailed in the annual budget submitted with the Grantee's approved application. The Grantee shall submit an updated budget with the annual report that revises and reports all actual and projected expenditures of HHAP funds, Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by the Agency so long as the total expenditures (actual and projected) for each eligible use category remain the same as described in the budget approved with the Grantee's application, Any decrease or increase to the total expenditures for any eligible use category must otherwise be approved by the Council's HHAP Grant Manager or his/her designee, in writing, before the Grantee may expend HHAP funds according to an alternative budget. The HHAP Grant Manager-will -respond to Grantee approval ord ' frequest, Failure to obtain writteaproalomthe Grant Managrhis/her designee -- � as required by this section may be considered a breach of this Agreement. 2. Genieral Conditions Prior to Disbursement All Grantees must submit the following forms prior to HHAP funds being released: A. Request for Funds Form (RFF) B. STD 213 Standard Agreement - 2 original copies of the signed STIR 213 form and initialed Exhibits.A through E. C. Data. Use Agreement (all continuums of care, including those that redirected funding to another jurisdiction - see Exhibit D for relevant Special Terms and Conditions) Homeless Housing,Assistance and Prevention Program p At NOFA Date: December 6, 2019 f Revised Exhibit D-1 Page 10 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 8 of 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 3. Disbursement of Funds HHAP funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Agency, the Department of General Services (DGS) and the State Controller's Office (SCO). Once Agency receives,. reviews, and signs off on the completed documents, the documents will be sent to DGS for review. Once DGS review is completed,documents will be forwarded to SCO for final review and fund disbursement. The RFF must include the proposed eligible uses .and the amount of funds proposed for expenditure under each eligible use. HHAP funds will be disbursed in a single allocation via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF. 4. Expenditure of Funds Specific requirements and deadlines for contractually obligating and expending awarded funds are set forth in the Homeless Housing, Assistance, and Prevention Program statutes. Health and Safety Code sections 50218, 50219, and 50220 mandate the following: A. Up to 5 percent of the HHAP allocation maybe expended for the following uses that are intended to meet,federal requirements for housing fuinding: (1) Strategic homelessness plan, as defined in section 578.7(c) of Title 24 of the Code of Federal Regulations; and/or (2) Infrastructure development to support coordinated entry systems and Homeless Management Information Systems. B. No more than 7 percent of the HHAP allocation may be used for administrative costs incurred by the Grantee. C. At least 8 percent of the HHAP allocation shall be used to establish or expand services for homeless youth populations. D. Grantees that are cities or continuums of care shall contractually obligate no less than 50 percent of HHAP funds by May 31, 2023. If less than 50 percent is obligated after May 31, 2023, continuums of care and cities shall not expend any remaining portion of the 50 percent of program allocations required to have been obligated unless and until both of the following occur: Homeless Housing,Assistance and Prevention Program NOFA Date: December 6, 2019 Revised Exhibit D-1 Page 11 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 9 of 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS (1) On or before June 30, 2023, the Grantee submits an alternative disbursement plan to Agency that includes an explanation for the delay and a plan to fully expend these funds by December 31, 2023. (2) Agency approves the alternative disbursement plan. If the funds identified in the approved alternative disbursement plan are not fully expended by December 31, 2023, the funds shall be returned to Agency. E. Grantees that are counties shall contractually obligate the full allocation (100 percent) awarded to them by May 31, 2023. Any funds that are not contractually obligated by this date shall be reverted to the continuum of care that serves the county. Specific to Los Angeles County,funds that are not contractually obligated by this date shall be divided proportionately using the HHAP funding allocation formula among the four CoC's that serve Los Angeles County: City of Glendale CoC, City of Pasadena CoC, the City of Long Beach CoC, and the Los Angeles Homeless Services Authority. Counties not obligating their full program allocation by May 31, 2023 are required to notify Agency on or before that date, of the name of the CoC(s) in which the county is served, and the amount of program funds that will be reverted to the CoC(s): By June 30, 2023, the county shall provide Agency with evidence that the funds were transferred and submit an updated budget that clearly identifies the funds that were transferred. F. All HHAP funds shall be expended by June 30, 2025. G. Any funds not expended by June 30, 2025 shall revert to the General Fund. 5. Reimbursement HHAP program funds should not generally be obligated or expended prior to the effective date of this Agreement. However, Agency acknowledges that there may be circumstances that would require reimbursement in order to prevent or address , homelessness in a given jurisdiction. When considering a reimbursement, the 1 following requirements are applicable: A. Reimbursement is not permitted for activities occurring prior to July 1, 2019. 0 Homeless Housing,Assistance and Prevention Program NOFA Date:December 6,2019 I Revised Exhibit D-1 Page 12 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 10 of 23 Homeless dousing, assistance and Prevention Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS i E. Reimbursement shall not supplant existing local funds for homeless housing, assistance, or prevention. C. Approval from HCFC must be obtained prior to obtaining reimbursement. D. Capital improvement projects pertaining to emergency shelters and navigation centers are still required to demonstrate need. Eligible applicants are required to submit the following information for HCFC to review and approve or deny such projects. (1) The number of available shelter beds in the jurisdiction; (2) The shelter vacancy rate in the summer and winter months; (3) The percentage of exits from emergency shelters to permanent housing solutions; and (4)A plan to connect residents to permanent housing. 6. Ineligible:Costs HHAP funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code sections 50213 and 50219. Agency reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use HHAP funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds 1 to Agency, i I An expenditure which is not authorized by this Agreement, or by written approval of the Grant Manager or his/her designee, or which cannot be adequately documented, shall be disallowed and must be reimbursed to Agency by the Grantee. Agency, at its sole and absolute discretion, shall make the final determination regarding the allowability of HHAP fund expenditures. Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 i Revised Exhibit D-1 Page 13 of 25 Continuum of Care for CA-514 Fresno Madera, 20-HHAP-00097 Page 11 of 23 Homeless Housing, Assistance and Prevention Standard Agreement 7. Administrative Costs The Grantee must comply with Health and Safety -Code section 50219, subdivision (e), which limits the Grantee's administrative costs to no more than 7 percent of total HHAP funds received. For purposes of this requirement, "administrative costs" does not include staff or other costs directly related to implementing activities fumed by the Program allocation. i I E a Homeless Housing,Assistance and Prevention Program � NOFA Date: December 6,.2019 Revised Exhibit D-1 Page 14 of 25 Continuum of Care for CA-5114 Fresno Madera 20-HHAP-00097 Page 12 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 1. Termination and Sufficiency of Funds A. Termination of Agreement Agency may terminate this Agreement at any 'time for cause by giving a minimum of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in paragraph_6 of this Exhibit C; violation of any federal or state laws; or withdrawal of Agency's expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by Agency, any unexpended funds received by the Grantee shall be returned to Agency within 30 days of Agency's notice of termination, B. Sufficiency of Funds This Agreement is valid and enforceable only if sufficient funds are made available to Agency by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner. 2. TranT sfers Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except with the prior written approval of Agency and a formal amendment to this Agreement to affect such subcontract or novation. j 3. Grantee's Arpalication for Funds, I Grantee has submitted to Agency an application for HHAP funds to support regional coordination and expand or develop local capacity to address its immediate homelessness challenges. Agency is entering into this Agreement on the basis of, and in substantial reliance upon, Grantee's facts, information, assertions and representations contained in that application, and in any subsequent modifications or additions thereto approved by Agency. The application and any approved modifications and additions thereto are hereby incorporated into this Agreement, Homeless Housing, Assistance and Prevention Program NOFA Date:December 6, 2019 Revised Exhibit D-1 Page 15 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 13 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee's knowledge. In the event that any part of the application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect Agency approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then Agency may declare a breach of this Agreement and take such action or pursue such remedies as are legally available. 4. ftortina/A�,, udtts A. Annual Report Deadlines By January 1, 2021, and annually on that date thereafter until all funds have been expended, the Grantee shall submit an annual report to Agency in a format provided by Agency. If the Grantee falls to provide such documentation,Agency may recapture any portion of the amount authorized by this Agreement with a 14-day written notification. No later than January 1, 2026, the Grantee shall submit a final report, in a format provided by Agency, as well as a detailed explanation of all uses of the Program funds. B: Reporting Requirements The annual report shall contain detailed information in accordance with Health and Safety Code section 50221, subdivision (a)-This information includes the following, as well as any additional Information deemed appropriate or necessary by Agency: i 1. An ongoing tracking of the specific uses and expenditures of any Program funds broken out by eligible uses listed, including the current status of those. funds. l 2. The number of homeless individuals served by the Program funds in that year, and a total number served in all years of the Program, as well as the homeless populations served. i 3. The types of housing assistance provided, broken out by the number of individuals. ,i i Homeless Housing,Assistance and Prevention Program NOFA Date: December 5,2019 if I Revised Exhibit D-1 Page 16 of 25 Continuum of Care for CA-514 Fresno Madera 20-H HAP-00097 Page 14 of 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 4. Outcome data for an individual served through. Program funds, including the type of housing that an individual exited to, the percent of successful housing exits, and exit types for unsuccessful housing exits. In addition to the annual reports, Agency requires the Grantee to submit quarterly expenditure reports due no later than 30 days following the end of each fiscal quarter. Grantee shall submit a report to the agency on a form and method provide by the agency, that includes the ongoing tracking of the specific uses and expenditures of any program funds broken out by eligible uses listed, including the current status of those funds, as well as any additional information the agency deems appropriate or necessary. Agency may require additional supplemental reporting with written notice to the Grantee. C. Auditing Agency reserves the right to perform or cause to be performed a financial audit. At Agency request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. HHAP administrative funds may be used to fund this expense. 1. If a financial audit is required by Agency, the audit shall be performed by an Independent certified public accountant. 2. The Grantee shall notify Agency of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by Agency to the independent auditor's working papers. 3. The Grantee is responsible for the completion of audits and all coats of preparing audits. 4. If there are audit findings, the Grantee must submit a detailed response acceptable to Agency for each audit finding within 90 days from the date of the audit finding report. S. Ins ection and Retention of Records 9 A. Record Inspection The Grantee agrees that Agency or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this.Agreement. The Grantee agrees to provide Agency, or its designee, with any Homeless Housing,Assistance and Prevention Program NO FA Date; December 6, 2019 tl tl Revised Exhibit D-1 Page 17 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 15 of 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS relevant information requested, The Grantee agrees to give Agency or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records,and of inspecting and copying such books records, accounts, and other materials that may be relevant to an investigation of compliance with the Homeless Housing, Assistance, and Prevention Program laws, the HHAP program guidance document published on the website, and this Agreement. B. Record Retention The Grantee further agrees to retain all records described in subbaragragh A for a minimum period of five (5) years after the termination of this Agreement. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it. 6. Breach and Remedies A. Breach of Agreement Breach of this Agreement includes,but is not limited to, the following events: 1. Grantee's failure to comply with the terms or conditions of this Agreement. 2. Use of, or permitting the use of, HHAP funds provided under this Agreement for any ineligible activities, 3. Any failure to comply with the deadlines set forth in this Agreement: B. Remedies for Breach of Agreement In addition to any other remedies that may be available to Agency in law or equity for breach of this Agreement, Agency may: 1. Bar the Grantee from applying for future HHAP funds; 2. Revoke any other existing HHAP award(s) to the Grantee; 3. Require the return of any unexpended HHAP funds disbursed under this Agreement; 4. Require repayment of HHAP funds disbursed and expended under this Agreement; Homeless Housing,Assistance and Prevention Program NOPA Date: December 6, 2019 Revised Exhibit D-1 Page 18 of 25 Continuum of Care for CA-514 Fresno Madera i 20-HHAP-00097 Page 16 of. 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 5. Require the Immediate return to Agency of all funds derived from the use of HHAP funds including, but not limited to, recaptured funds and returned funds; and 6. Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the technical assistance in accordance with HHAP requirements. C. All remedies available to Agency are cumulative and not exclusive. D. Agency may give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days. 7. Waivers ' No waiver of any breach of this Agreement shall be held to be a waiver of any prier or subsequent breach. The failure of Agency to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Agency to enforce these provisions. 8. Nondiscrimination During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex(gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use rest(ction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Grantees and subGrantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California's laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations promulgated thereunder(Cal. Code Regs.,tit. 2, § 11000 et seq.); and the provisions of Article 9,5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135 11139.5). Grantee and its subrecipients shall give written notice of their obligations Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 i Revised Exhibit D-1 Page 19 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 17 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS under this clause to labor organizations with which they have a collective bargaining or other agreement. 9. Conflict of Interest All Grantees are subject to state and federal conflict of interest laws. For instance, Health and and Safety Code section 50219, subdivision (h) states, "For purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or malting funding recommendations for applications pursuant to this chapter shall have no financial 'interest in any contract, program, or project voted on by the board, i committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county." j I Failure to comply with these laws, including business and financial disclosure 1, provisions, will. result In the application being rejected and any subsequent contract & being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code section 1090 and Public y Contract Code sections 10410 and 10411, A. Current State Employees—No State officer or .employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services. B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service. C. Homeless Housing,Assistance and Prevention program R NOFA Date: December 6, 2019 Revised Exhibit D-1 Page 20 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 18 of 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, Including but not limited to any applicable conflict of'interest provisions of the a Political Reform Act of 1074 (Gov. Code, § 81000 et seq). D. Representatives of a County: A representative of a county serving on a board, committee, or body with the primary purpose of administering funds or malting funding recommendations for applications pursuant to this chapter shall have no financial E. interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county. 10. Drug-Free Workplace Certification Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions: A. Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code section 8355, subdivision (a)(1). B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following: 1. The dangers of drug abuse in the workplace; 2. Grantee's policy of maintaining a drug-free workplace; 3. Any available counseling, rehabilitation,and employee assistance program; and 4. Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations. Homeless Housing,Assistance and Prevention Program NOFA Date: December 6, 2019 Revised Exhibit D-1 Page 21 of 25 Continuum of Care for CA-614 Fresno Madera 20-HHAP-00097 Page 19 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS C. Provide, as required by Government Code section 8355, subdivision (a)(3)., that every employee and/or subrecipient that works under this Agreement. 1. Will receive a copy of Grantee's drug-free policy statement, and 2. Will agree to abide by terms of Grantee's condition of employment or subcontract. � 11. Child Support Compliance Act i a For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that: A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and B. the Grantee, to the best of its knowledge is fully complying with the earnings j assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development_ Department. i 12. Special Conditions—GranteeslSubGrantee I i The Grantee agrees to comply with all conditions. of this Agreement Including the Special Conditions set forth in Exhibit D. These conditions shall be met to the satisfaction of Agency prior to disbursement of funds. The Grantee shall ensure that all SubGrantees are made aware of and agree to comply with all the conditions of this 1 Agreement and the applicable State requirements governing the use of HHAP funds: Failure to comply with these conditions may result in termination of this Agreement. A. The Agreement between the Grantee and any SubGrantee shall require the i Grantee and its SubGrantees, if any,to 1. Perform the work in accordance with Federal, State and Local housing and building codes, as applicable. Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 Revised Exhibit D-1 Page 22 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 20 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 2. Maintain at least the minimum State-required worker's compensation for those employees who will perform the work or any part of it. 3. Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that Is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any SubGrantee in performing the Work or any part of it. 4. Agree to include all the terms of this Agreement in each subcontract. 13. Compilance with State and Federal Laws, Rules, Guidelines.and Recu jar ots The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the HHAP program, the Grantee, its subrecipients, and all eligible activities. Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any 'applicable federal, state, and local laws, rules or regulations affecting-any such work; specifically those including, but not limited to,environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to Agency upon request, 14. Inspections A. Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state andlor local requirements, and this Agreement. B. Agency reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. C. Grantee agrees to require that all work that is determined based on such Inspections not to conform to the applicable requirements be corrected and to withhold payments to the subreciplent until it is corrected. 3 Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 Revised Exhibit D-1 Page 23 of 25 i Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 21 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 16. Litigation A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Agency, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable. B. The Grantee shall notify Agency immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or Agency, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Agency. i I i a Homeless Housing, Assistance and Prevention Program NOFA Date: December 6,2019 Revised Exhibit D-1 Page 24 of 25 Continuum of Care for CA-514 Fresno Madera 20-H HAP-00097 Page 22 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. All proceeds from any Interest-bearing account established by the Grantee for.the deposit of HHAP funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of HHAP funds, must be used for HHAP-eligible activities, 2. Any housing-related activities funded with HHAP funds,'including but not limited to emergency shelter, rapid-rehousing, rental assistance, transitional housing and permanent supportive housing, must be in compliance or otherwise aligned with the core components of Housing First, pursuant to Welfare and Institutions Code section 8255, subdivision (b). 3. Grantee agrees to utilize its local Homeless Management Information System (HMIS) to track HHAP-funded projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by HHAP funding (e.g., by creating appropriate HHAP-specific funding sources and project codes in HMIS). 4, Grantee agrees to participate in the statewide data system or warehouse created by Agency to collect local data from California continuums of care through the HMIS, and sign any required data use agreements allowing Agency to access Gtahtae's HMIS'data for that purpose 5. if Grantee is a continuum of care or is a jurisdiction that accepted redirected funding from a continuum of care, it shall review and execute a data use agreement no later than July 31, 2020, in order to ensure compliance with Health and Safety Code section 50219, subdivision (a)(7) and (10). Grantee's failure to timely execute a data use agreement will constitute a breach of this Agreement. In this event, BCSH, in its sole and absolute discretion, may exercise any and all p remedies permitted by this Agreement or by applicable law, A! Homeless Housing,Assistance and Prevention Program NOFA Date: December G, 2019 I I Revised Exhibit D-1 Page 25 of 25 Continuum of Care for CA-514 Fresno Madera 20-HHAP-00097 Page 23 of 23 Homeless Housing, Assistance and Prevention i Standard Agreement EXHIBIT E GENERAL_ TERMS AND CONDITIONS This exhibit is incorporated by reference and made part of this agreement. This document can be viewed at the following link: https://www.dgs.ca.cloy/O LS/Resources/Page-Content/OfFce-of-Leaal-Services- Resources-List-Folder/Standard-Contract-Lan uage I i j I �1 Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 SCO 10, Revised Exhibit E n��of 1-307 STATF OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES Agreeme STANDARD AGREEMENT AGREEMENT NUMBER PURC HASING AUTHORITY NUMBER(If Applicable) STD 213(Rev.04/2020) 21-HHAP-00064 010725 1.This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME Business,Consumer Services and Housing Agency CONTRACTOR NAME County of Fresno(CA-514 Fresno Madera CoQ 2. The term of this Agreement is: START DATE Upon BCSH approval THROUGH END DATE 06/30/2026 3.The maximum amount of this Agreement is: $1,397,933.00(One Million Three Hundred Ninety Seven Thousand Nine Hundred Thirty Three Dollars and No Cents) 4.The parties agree to comply with the terms and conditions of the following exhibits,which are by this reference made a part of the Agreement. Exhibits Title Pages Exhibit A Scope of Work 7 Exhibit B Budget Detail and Payment Provisions 4 Exhibit C Homeless Coordinating and Financing Council Terms and Conditions 9 Exhibit D Special Terms and Conditions 2 -h Exhibit E General Terms and Conditions 1 Items shown wit an asteris ('),are hereby incorporated by reference and ma a part o f is agreement as ifoltached hereto. These documents can be viewed at htt sp //www.dgs.co.yov_/OL5/Resources IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.) County of Fresno(CA-514 Fresno Madera CoQ CONTRACTOR BUSINESS ADDRESS CITY 11A11 ZIP PO Box 24055 Fresno CA 93779 PRINTED NAME OF PERSON SIGNING TITLE Steve Brandau Chairman,County of Fresno Board of Supervisors CONTRACTOR AUTHORIZ I N URE DATE SIGNED -- ATTEST: BERNICE E. SEIDEL Clerk of the Board of Supervisors Count" f Fresno tate of LS ornia By 'a Depu y Paqe 1 of 2 Exhibit E SCO ID: Revi P ge 2 of25 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable) STD 213(Rev.04/2020) 21-HHAP-00064 010725 STATE OF CALIFORNIA CONTRACTING AGENCY NAME Business,Consumer Services and Housing Agency CONTRACTING AGENCY ADDRESS CITY STATE ZIP 915 Capitol Mall,Suite 350-A Sacramento CA 95814 PRINTED NAME OF PERSON SIGNING TITLE Lourdes Castro Ramirez Secretary CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED A I Sep 20,2021 Lou res Castro Ramirez(Sep 20,202112:32 PDT) CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable) Page 2of2 Revised Exhibit E Page 3 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 1 of 23 Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2) Standard Agreement EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK 1) Authority The State of California has established the Homeless Housing, Assistance, and Prevention Program Round 2 ("HHAP-2" or "Program") pursuant to Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code. (Added by Stats.2020, c. 15 (A.B. 83), § 7, eff. June 29, 2020.) The Program is administered by the California Homeless Coordinating and Financing Council ("HCFC") in the Business, Consumer Services and Housing Agency ("Agency"). HHAP-2 provides one-time flexible block grant funds to Continuums of Care, large cities (population of 300,000+) and counties as defined in the November 13, 2020 HHAP-2 Notice of Funding Availability ("NOFA") to build on the regional coordination created through previous HCFC grant funding and support local jurisdictions in their unified regional responses to reduce and end homelessness. This Standard Agreement along with all its exhibits ("Agreement") is entered into by the Agency and a Continuum of Care, a city, or a county ("Grantee") under the authority of, and in furtherance of the purpose of, the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of the Agreement, the NOFA under which the Grantee applied, the representations contained in the Grantee's application, and the requirements of the authority cited above. 2) Purpose The general purpose of the Program is to continue to build on regional coordination developed through previous rounds of funding of the Homelessness Emergency Aid Program (Chapter 5 (commencing with Section 50210)), the program established under this chapter, and COVID-19 funding to reduce homelessness. This funding shall: a) Continue to build regional collaboration between continuums of care, counties, and cities in a given region, regardless of population, and ultimately be used to develop a unified regional response to homelessness. b) Be paired strategically with other local, state, and federal funds provided to address homelessness in order to achieve maximum impact. Grantees of this Initial Here Revised Exhibit E Page 4 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 2 of 23 funding are encouraged to reference the Guide to Strategic Uses of Key State and Federal Funds to Reduce Homelessness Durinq the COVID-19 Pandernic c) Be deployed with the goal of reducing the number of homeless individuals in a given region through investing in long-term solutions, such as permanent housing, and that the state be an integral partner through the provision of technical assistance, sharing of best practices, and implementing an accountability framework to guide the structure of current and future state investments. In accordance with the authority cited above, an application was created and submitted by the Grantee for HHAP-2 funds to be allocated for eligible uses as stated in Health and Safety Code section 50220.5, subdivision (d)(1) — (8). 3) Definitions The following HHAP-2 program terms are defined in accordance with Health and Safety Code section 50216, subdivisions (a) — (q): (a) "Agency" means the Business, Consumer Services, and Housing Agency. (b) "Applicant" means a Continuum of Care, city, or county. (c) "City" means a city or city and county that is legally incorporated to provide local government services to its population. A city can be organized either under the general laws of this state or under a charter adopted by the local voters. (d) "Continuum of Care" means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations. (e) "Coordinated Entry System" means a centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized or coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool. (f) "Council" means the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code. (g) "Emergency shelter" has the same meaning as defined in subdivision (e) of Section 50801. Initial Here Revised Exhibit E Page 5 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 3 of 23 (h) "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019. (i) "Homeless Management Information System" means the information system designated by a Continuum of Care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term "Homeless Management Information System" also includes the use of a comparable database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations. Q) "Homeless point-in-time count' means the 2019 homeless point-in-time count pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations. A jurisdiction may elect to instead use their 2017 point-in-time count if they can demonstrate that a significant methodology change occurred between the 2017 and 2019 point-in-time counts that was based on an attempt to more closely align the count with HUD best practices and undertaken in consultation with HUD representatives. A jurisdiction shall submit documentation of this to the agency by the date by which HUD's certification of the 2019 homeless point-in-time count is finalized. The agency shall review and approve or deny a request described in the previous sentence along with a jurisdiction's application for homeless funding. (k) "Homeless youth" means an unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S C. Sec. 11434a(2)). "Homeless youth" includes unaccompanied youth who are pregnant or parenting. (1) "Housing First" has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all of the core components listed therein. (m) "Jurisdiction" means a city, city that is also a county, county, or Continuum of Care, as defined in this section. (n) "Navigation center" means a Housing First, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. (o) "Program" means the Homeless Housing, Assistance, and Prevention program established pursuant to this chapter. 2 Initial Here Revised Exhibit E Page 6 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 4 of 23 (1) "Round 1" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2019. (2) "Round 2" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2020. (p) "Program allocation" means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges. (q) "Recipient" means a jurisdiction that receives funds from the agency for the purposes of the program. Additional definitions for the purposes of the HHAP-2 program: "Obligate" means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using HHAP-2 funding. Grantees, and the subrecipients who receive awards from those Grantees, must obligate the funds by the statutory deadlines set forth in this Exhibit A. "Expended" means all HHAP-2 funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding. In the case of an award made through subcontracting, subcontractors are required to expend the funds by the same statutory deadlines. 4) Scope of Work The Scope of Work ("Work") for this Agreement shall include uses that are consistent with Health and Safety Code section 50220.5, subdivision (d)-ft and any other applicable laws. The grantee shall expend funds on evidence-based solutions that address and prevent homelessness among eligible populations including any of the following: a) Rapid rehousing, including rental subsidies and incentives to landlords, such as security deposits and holding fees. b) Operating subsidies in new and existing affordable or supportive housing units. emergency shelters, and navigation centers. Operating subsidies may include operating reserves. c) Street outreach to assist persons experiencing homelessness to access permanent housing and services. 6 Initial Here Revised Exhibit E Page 7 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 5 of 23 d) Services coordination, which may include access to workforce, education, and training programs, or other services needed to promote housing stability in supportive housing. e) Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations including families and homeless youth. Delivery of permanent housing and innovative housing solutions, such as hotel and motel conversions. g) Prevention and shelter diversion to permanent housing, including rental subsidies. h) New navigation centers and emergency shelters based on demonstrated need. Demonstrated need for purposes of this paragraph shall be based on the following: (i) The number of available shelter beds in the city, county, or region served by a Continuum of Care. (ii) The number of people experiencing unsheltered homelessness in the homeless point-in-time count. (iii) Shelter vacancy rate in the summer and winter months. (iv) Percentage of exits from emergency shelters to permanent housing solutions. (v) A plan to connect residents to permanent housing. 5) Agency Contract Coordinator The Agency's Contract Coordinator for this Agreement is the Council's HHAP Grant Manager or the Grant Manager's designee. Unless otherwise instructed, any notice, report, or other communication requiring an original Grantee signature for this Agreement shall be mailed to the Agency Contract Coordinator. If there are opportunities to send information electronically, Grantee will be notified via email by the HHAP Grant Manager or the Grant Manager's designee. The Representatives during the term of this Agreement will be: I Initial Here Revised Exhibit E Page 8 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 6 of 23 PROGRAM GRANTEE ENTITY: Business Consumer Services and Continuum of Care for CA-514 Housing Agency Fresno Madera SECTION/UNIT: Homeless Coordinating and Financing Council (HCFC) ADDRESS: 915 Capitol Mall Suite 350-A 205 W Pontiac Way Sacramento, CA, 95814 Clovis, CA 93612 CONTRACT MANAGER Victor Duron Laura Moreno PHONE NUMBER: (916) 510-9442 (559) 600-2335 EMAIL ADDRESS: Victor.Duron@bcsh.ca.gov Ihaga@fresnocountyca.gov All requests to update the Grantee information listed within this Agreement shall be emailed to the Homeless Coordinating and Financing Council's general email box at hhap(u_)bcsh.ca.gov. The Council reserves the right to change their representative and/or contact information at any time with notice to the Grantee. Ei Effective Date, Term of Agreement, and Deadlines a) This Agreement is effective upon approval by the Agency (indicated by the signature provided by Agency in the lower left section of page one, Standard Agreement, STD. 213), when signed by all parties. 1)) Contractual Obligation: i) Grantees that are counties must contractually obligate 100 percent of their full program allocations on or before May 31, 2023. ii) Grantees that are cities or continuums of care must contractually obligate no less than 50 percent of program allocations on or before May 31, 2023. iii) Counties that contractually obligate less than 100 percent of program allocations after May 31, 2023 will have their unallocated funds reverted to the CoC that serves the county. Specific to Los Angeles County, funds that are not contractually obligated by this date shall be divided proportionately using the HHAP funding allocation formula among the four CoC's that serve Los Angeles County: City of Glendale CoC, City of Pasadena CoC, the City of Long Beach CoC, and the Los Angeles Flomeless Services Authority S Initial ere Revised Exhibit E Page 9 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 7 of 23 Cities or Continuums of Care that, after May 31, 2023, have contractually obligated less than 50 percent of program allocations must submit and have approved by the Council an alternative disbursement plan as required under (Health & Safety Code, § 50220.5, subdivision (k)(2)). c) Full Expenditure of HHAP-2 Grant Funds i) All HHAP-2 grant funds (100 percent) must be expended by June 30, 2026. Any funds not expended by that date shall revert to the General Fund (Health & Safety Code, § 50220.5, subdivision (o)). 7) Special Conditions Agency reserves the right to add any special conditions to this Agreement it deems necessary to ensure that the goals of the Program are achieved. Initial Here Revised Exhibit E Page 10 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 8 of 23 Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2) Standard Agreement EXHIBIT B BUDGET DETAIL and DISBURSEMENT PROVISIONS 1) Budget Detail & Changes The Grantee agrees that HHAP-2 funds shall be expended on uses that support regional coordination and expand or develop local capacity to address immediate homelessness challenges. Such activities must be informed by a best-practices framework focused on moving people experiencing homelessness into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. The Grantee shall expend HHAP-2 funds on eligible activities as detailed in the expenditure plan and funding plan submitted with the Grantee's approved application. The Grantee shall submit an updated funding plan with the annual report that revises and reports all actual and projected expenditures of HHAP-2 funds. a) Budget Changes i) Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by the Agency so long as the total expenditures (actual and projected) for each eligible use category remain the same as described in the expenditure plan approved with the Grantee's application. ii) Any decrease or increase to the total expenditures for any eligible use category must otherwise be approved by the Council's HHAP-2 Grant Manager or his/her designee, in writing, before the Grantee may expend HHAP-2 funds according to an alternative expenditure plan. The HHAP-2 Grant Manager will respond to Grantee with approval or denial of request. Failure to obtain written approval from the Grant Manager or his/her designee as required by this section may be considered a breach of this Agreement. A breach of this agreement may result in remedies listed within Exhibit C of this agreement. 2) General Conditions Prior to Disbursement All Grantees must submit the following forms prior to HHAP-2 funds being released: • Request for Funds Form ("RFF") • STD 213 Standard Agreement - Two original copies of the signed STD 213 form and initialed Exhibits A through D Initial Here Revised Exhibit E Page 11 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 9 of 23 • STD 204 Payee Data Record or Government Agency Taxpayer ID Form 3) Disbursement of Funds HHAP-2 funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Agency, the Department of General Services (DGS) and the State Controller's Office (SCO). The RFF must include the proposed eligible uses and the amount of funds proposed for expenditure under each eligible use. HHAP-2 funds will be disbursed in a single allocation via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF. 4) Expenditure of Funds Specific requirements and deadlines for contractually obligating and expending awarded funds are set forth in the Homeless Housing, Assistance, and Prevention Program statutes. Health and Safety Code sections 50218.5 and 50220.5 mandate the following.- a) Up to 5 percent of an applicant's HHAP-2 program allocation may be expended for the following uses that are intended to meet federal requirements for housing funding: i) Strategic homelessness plan, as defined in Section 578.7(c) of Title 24 of the Code of Federal Regulations. ii) Infrastructure development to support coordinated entry systems and Homeless Management Information Systems. b) The applicant shall not use more than 7 percent of a HHAP-2 program allocation for administrative costs incurred by the city, county, or Continuum of Care to administer its program allocation. For purposes of this subdivision, "administrative costs" does not include staff or other costs directly related to implementing activities funded by the program allocation. c) A program recipient shall use at least 8 percent of the funds allocated under this section for services for homeless youth populations. d) Recipients of HHAP-2 funds shall comply with Housing First as provided in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code. e) Grantees that are cities or continuums of care shall contractually obligate no less than 50 percent of HHAP-2 funds by May 31, 2023. If less than 50 percent is Initial Here Revised Exhibit E Page 12 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 10 of 23 obligated after May 31, 2023, continuums of care and cities shall not expend any remaining portion of the 50 percent of program allocations required to have been obligated unless and until both of the following occur: i) On or before June 30, 2023, the Grantee submits an alternative disbursement plan to HCFC that includes an explanation for the delay and a plan to fully expend these funds by December 31, 2023. ii) HCFC approves the alternative disbursement plan or provides the Grantee with guidance on the revisions needed in order to approve the alternative disbursement plan. iii) If the funds identified in the approved alternative disbursement plan are not fully expended by December 31, 2023, the funds shall be returned to the HCFC for a subsequent round of awards by HCFC. Grantees that are counties shall contractually obligate the full allocation (100 percent) awarded to them by May 31, 2023. Any funds that are not contractually obligated by this date shall be reverted to the Continuum of Care that serves the county. Specific to Los Angeles County, funds that are not contractually obligated by this date shall be divided proportionately using the HHAP-2 funding allocation formula among the four CoC's that serve Los Angeles County: City of Glendale CoC, City of Pasadena CoC, the City of Long Beach CoC, and the Los Angeles Homeless Services Authority. Counties not obligating their full program allocation by May 31, 2023 are required to notify HCFC, on or before that date, of the narne of the CoC(s) in which the county is served, and the amount of program funds that will be reverted to the CoC(s). By June 30, 2023, the county shall provide HCFC with evidence that the funds were transferred and submit an updated budget that clearly identifies the funds that were transferred. g) HHAP-2 funds shall be expended by June 30, 2026 h) In accordance with Health and Safety Code section 50220.5, subdivision (1), HCFC retains the right to require a corrective action plan of grantees that are not on track to fully expend funds by the statutorily required deadline. i) Any funds not expended by June 30, 2026 shall revert to the General Fund. 5) Ineligible Costs HHAP-2 funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code section 50220.5. Initial H re Revised Exhibit E Page 13 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 11 of 23 HCFC reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use HHAP-2 funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to Agency. An expenditure which is not authorized by this Agreement, or by written approval of the Grant Manager or his/her designee, or which cannot be adequately documented, shall be disallowed and must be reimbursed to Agency by the Grantee. HCFC, at its sole and absolute discretion, shall make the final determination regarding the allowability of HHAP-2 fund expenditures. Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. Reimbursements are not permitted in HHAP-2 for any expenditures prior to the date of execution of this Agreement. S� Initial Here Revised Exhibit E Page 14 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 12 of 23 Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2) Standard Agreement EXHIBIT C GENERAL TERMS AND CONDITIONS 1) Termination and Sufficiency of Funds a) Termination of Agreement Agency may terminate this Agreement at any time for cause by giving a minimum of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in paragraph 6 of this Exhibit C; violation of any federal or state laws.. or withdrawal of Agency's expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by Agency, any unexpended funds received by the Grantee shall be returned to Agency within 30 days of Agency's notice of termination. b) Sufficiency of Funds This Agreement is valid and enforceable only if sufficient funds are made available to Agency by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner. 2) Transfers Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit C Section 12 (Special Conditions — Grantees/SubGrantee) or with the prior written approval of HCFC and a formal amendment to this Agreement to affect such subcontract or novation. 3) Grantee's Application for Funds Grantee has submitted to HCFC an application for HHAP-2 funds to support regional coordination and expand or develop local capacity to address its immediate homelessness challenges. Agency is entering into this Agreement on the basis of Grantee's facts, information, assertions and representations contained in that application. Any subsequent modifications to the original funding plans submitted within the original application must be requested through the formal HHAP Change Request Process and are subject to approval by HCFC. Initial Here Revised Exhibit E Page 15 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 13 of 23 Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee's knowledge. In the event that any part of the application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect HCFC approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then Agency may declare a breach of this Agreement and take such action or pursue such remedies as are legally available. 4) Reporting/Audits a) Annual Reports By January 1 , 2022, and annually on that date thereafter until all funds have been expended, the Grantee shall submit an annual report to HCFC in a format provided by HCFC. Annual Reports will include a request for data on expenditures and people served with HHAP-2 funding in addition to details on specific projects selected for the use of HHAP-2 funding. If the Grantee fails to provide such documentation, HCFC may recapture any portion of the amount authorized by this Agreement with a 14-day written notification. No later than January 1, 2027, the Grantee shall submit a final report, in a format provided by HCFC, as well as a detailed explanation of all uses of the Program funds. b) Expenditure Reports In addition to the annual reports, HCFC requires the Grantee to submit quarterly expenditure reports due no later than 30 days following the end of each fiscal quarter. Grantee shall submit a report to HCFC on a form and method provided by HCFC that includes the ongoing tracking of the specific uses and expenditures of any program funds broken out by eligible uses listed, including the current status of those funds, as well as any additional information HCFC deems appropriate or necessary. If the Grantee fails to provide such documentation, HCFC may recapture any portion of the amount authorized by this Agreement with a 14-day written notification. c) Reporting Requirements i) Annual Report: The annual report shall contain detailed information in accordance with Health and Safety Code section 50222, subdivision (a). This information includes the following, as well as any additional information deenned appropriate or necessary by HCFC: (1) Data collection shall include, but not be limited to, information regarding individuals and families served, including demographic information, information regarding partnerships among entities or lack thereof, and participant and regional outcomes. Initial Here Revised Exhibit E Page 16 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 14 of 23 (2) The performance monitoring and accountability framework shall include clear metrics, which may include, but are not limited to, the following: (a) The number of individual exits to permanent housing, as defined by the United States Department of Housing and Urban Development, from unsheltered environments and interim housing resulting from this funding. (b) Racial equity, as defined by the council in consultation with representatives of state and local agencies, service providers, the Legislature, and other stakeholders. (c) Any other metrics deemed appropriate by the council and developed in coordination with representatives of state and local agencies. advocates, service providers, and the Legislature. (3) Data collection and reporting requirements shall support the efficient and effective administration of the program and enable the monitoring of jurisdiction performance and program outcomes. ii) Expenditure Report: The expenditure report shall contain data on expenditures of HHAP-2 funding including but not limited to obligated funds, expended funds, interest accrued, and other funds derived from HHAP-2 funding. iii) Final Expenditure Plan: During the final fiscal year of reporting, grantees may be required to include a plan to fully expend HHAP-2 grant funding. This plan must be submitted with the quarterly expenditure report in a format to be provided by HCFC. iv) HCFC may require additional supplemental reporting with written notice to the Grantee. v) Grantee may, at their discretion, fully expend their HHAP-2 allocation prior to the end date of the grant term and will not be required to submit quarterly fiscal reports after the quarter in which their allocation was fully expended. d) Auditing Agency reserves the right to perform or cause to be performed a financial audit. At Agency request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. HHAP-2 administrative funds may be used to fund this expense. Should an audit be required, the Grantee shall adhere to the following conditions: i) The audit shall be performed by an independent certified public accountant. Initial Here Revised Exhibit E Page 17 of 25 CA-514 Fresno City & County/Madera County CoC 21-H HAP-00064 Page 15 of 23 ii) The Grantee shall notify Agency of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by Agency to the independent auditor's working papers. iii) The Grantee is responsible for the completion of audits and all costs of preparing audits. iv) If there are audit findings, the Grantee must submit a detailed response acceptable to Agency for each audit finding within 90 days from the date of the audit finding report. 5) Inspection and Retention of Records a) Record Inspection HCFC or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement. The Grantee agrees to provide HCFC, or its designee, with any relevant information requested. The Grantee agrees to give HCFC or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the Homeless Housing, Assistance, and Prevention Program laws, the HHAP-2 program guidance document published on the website, and this Agreement. In accordance with Health and Safety Code section 50220.5, subdivision (1), if Upon inspection of records HCFC identifies noncompliance with grant requirements HCFC retains the right to impose a corrective action plan on the Grantee. b) Record Retention The Grantee further agrees to retain all records described in subparagraph A for a minimum period of five (5) years after the termination of this Agreement. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it. 6) Breach and Remedies a) Breach of Agreement Breach of this Agreement includes, but is not limited to, the following events: Initial Here Revised Exhibit E Page 18 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 16 of 23 i) Grantee's failure to comply with the terms or conditions of this Agreement. ii) Use of, or permitting the use of, HHAP-2 funds provided under this Agreement for any ineligible activities. iii) Any failure to comply with the deadlines set forth in this Agreement. b) Remedies for Breach of Agreement In addition to any other remedies that may be available to Agency in law or equity for breach of this Agreement, Agency may: i) Bar the Grantee from applying for future HHAP funds; ii) Revoke any other existing HHAP-2 award(s) to the Grantee; iii) Require the return of any unexpended HHAP-2 funds disbursed under this Agreement; iv) Require repayment of HHAP-2 funds disbursed and expended under this Agreement, v) Require the immediate return to Agency of all funds derived from the use of HHAP-2 funds vi) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with HHAP-2 requirements. c) All remedies available to Agency are cumulative and not exclusive. d) Agency may give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days. 7) Waivers No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Agency to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Agency to enforce these provisions. 8) Nondiscrimination During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age J3 Initial Here Revised Exhibit E Page 19 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 17 of 23 (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California's laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 9) Conflict of Interest All Grantees are subject to state and federal conflict of interest laws. For instance, Health and Safety Code section 50220.5, subdivision (i) states, " For purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county." Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411. a) Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services. t)) Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve- month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same Initial Here Revised Exhibit E Page 20 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 18 of 23 general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service. c) Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the a Political Reform Act of 1974 (Gov. Code, § 81000 et seq.). d) Representatives of a County: A representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county. 10)Drug-Free Workplace Certification Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions: Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code section 8355, subdivision (a)(1). a) Establish a Drug-Free Awareness Program, as required by Government Code section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following: i) The dangers of drug abuse in the workplace; ii) Grantee's policy of maintaining a drug-free workplace; iii) Any available counseling, rehabilitation, and employee assistance program, and iv) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations. b) Provide, as required by Government Code section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement: i) Will receive a copy of Grantee's drug-free policy statement, and Initial Here Revised Exhibit E Page 21 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 19 of 23 ii) Will agree to abide by terms of Grantee's condition of employment or subcontract. 11)Child Support Compliance Act For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that: a) The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code-, and b) The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 12)Special Conditions — Grantees/Subgrantee The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit D. These conditions shall be met to the satisfaction of Agency prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of HHAP-2 funds. Failure to comply with these conditions may result in termination of this Agreement. a) The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to: i) Perform the work in accordance with Federal, State and Local housing and building codes, as applicable. ii) Maintain at least the minimum State-required worker's compensation for those employees who will perform the work or any part of it. iii) Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it. iv) Agree to include all the terms of this Agreement in each subcontract. 13)Compliance with State and Federal Laws, Rules Guidelines and Regulations Initial Here Revised Exhibit E Page 22 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 20 of 23 The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the HHAP-2 program, the Grantee, its subrecipients, and all eligible activities. Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to HCFC upon request. 14)Inspections a) Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. b) HCFC reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. c) Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected. 15)Litigation a) If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Agency, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable. b) The Grantee shall notify HCFC immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or Agency, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Agency. Initial Here Revised Exhibit E Page 23 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 21 of 23 Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2) Standard Agreement EXHIBIT D SPECIAL TERMS AND CONDITIONS 1) All proceeds from any interest-bearing account established by the Grantee for the deposit of HHAP-2 funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of HHAP-2 funds, must be used for HHAP-2-eligible activities and reported on as required by Agency. 2) Per Health and Safety Code Section 50220.5 (g), any housing-related activities funded with HHAP-2 funds, including but not limited to emergency shelter, rapid- rehousing, rental assistance, transitional housing and permanent supportive housing, must be in compliance or otherwise aligned with the core components of Housing First, as described in Welfare and Institutions Code section 8255, subdivision (b). Individuals and families assisted with these funds must not be required to receive treatment or perform any other prerequisite activities as a condition for receiving shelter, housing, or other services for which these funds are used. In addition, HHAP-2 funding shall be used to adopt a Housing First approach within the entire local homelessness response system, including outreach and emergency shelter, short-term interventions like rapid re-housing, and longer-term interventions like supportive housing. 3) Grantee shall utilize its local Homeless Management Information System (HMIS) to track HHAP-2-funded projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by HHAP-2 funding (e.g., by creating appropriate HHAP-2-specific funding sources and project codes in HMIS). 4) Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the statewide Homeless Management Information System (known as the Homeless Data Integration System or "HDIS"), in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code section 50220.6. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). For purposes of this paragraph, "health information" means "protected health information," as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and "medical information," as defined in subdivision 0) of Section 56.05 of the Civil Code. The Council may, as required by operational S Initial Here Revised Exhibit E Page 24 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 22 of 23 necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. 5) Grantee shall include in their annual report and upon request from HCFC an update on progress towards meeting goals provided within Section 4: HHAP Round 2 Goals of the HHAP-2 application. Grantees will report on these goals in a manner and format provided to Grantee by HCFC. 6) Grantee agrees to accept technical assistance as directed by HCFC or by a contracted technical assistance provider acting on behalf of HCFC and report to HCFC on programmatic changes the grantee will make as a result of the technical assistance and in support of their grant goals. 7) Grantee agrees to demonstrate a commitment to racial equity and, per Section 50222 (a)(2)(B), the grantee shall use data provided through HDIS to analyze racial disproportionality in homeless populations and, in partnership with HCFC, establish clear metrics and performance monitoring for achieving equity in provision of services and outcomes for Black, Native, and Indigenous, Latinx, Asian, Pacific Islanders and other People of Color who are disproportionately impacted by homelessness and COVID-19 8) Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience. Initial Here Revised Exhibit E Page 25 of 25 CA-514 Fresno City & County/Madera County CoC 21-HHAP-00064 Page 23 of 23 Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2) Standard Agreement EXHIBIT E STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS This exhibit is incorporated by reference and made part of this agreement. The General Terms and Conditions (GTC 04/2017) can be viewed at the following link: litti)s://www dgs ca g_ov/-/media/Divisions/OLS/Resources/GTC_April-2017- FIIgALapril2017 pdf%la=en&hash=3A64979F777D5B9D35309433EE81969FD69052D2 In the interpretation of this Agreement, any inconsistencies between the State of California General Terms and Conditions (GTC - 04/2017) and the terms of this Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and its exhibits/attachments. ---SO O Initial Here