HomeMy WebLinkAboutAgreement A-23-507 with County of Madera.pdf Agreement No. 23-507
RACT No
1 AGREEMENT
2 THIS AGREEMENT is made and entered into this 191h day of September, 2023, by and between
3 the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as
4 "COUNTY", and COUNTY OF MADERA, a Political Subdivision of the State of California, whose address is
5 200 W Fourth Street, Suite 4200, Madera, CA 93637, hereinafter referred to as "SUBGRANTEE."
6 WITNESSETH:
7 WHEREAS, COUNTY is the Administrative Entity for the Homeless Housing, Assistance and
8 Prevention (HHAP) grant funds awarded to the Fresno Madera Continuum of Care (FMCoC) by the
9 California Business, Consumer Services and Housing (BCSH)Agency, as authorized by AB 83 and AB
10 140; and
11 WHEREAS, the FMCoC was awarded HHAP funding to provide operating subsidies for new and
12 existing affordable or supportive housing units, emergency shelters, and navigation centers, more
13 specifically, triage emergency shelter services in the County of Madera; and
14 WHEREAS, SUBGRANTEE has the expertise and is willing to administer HHAP funding to provide
15 triage emergency shelter services pursuant to the terms and conditions of this Agreement; and
16 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
17 contained, the parties hereto agree as follows:
18 1. SUBGRANTEE'S OBLIGATIONS
19 SUBGRANTEE shall administer funding and ensure all services are performed as set forth in
20 Exhibit A, Summary of Services, and be aware of and comply with all conditions of Exhibit B (Agreement
21 21-HHAP-00064), Exhibit C (Agreement 22-HHAP-10015), and applicable State requirements governing
22 the use of HHAP funding. Failure to comply with these conditions may result in termination of this
23 Agreement. Requirements include, but are not limited to:
24 . Performing the work in accordance with Federal, State and Local housing and building codes, as
25 applicable.
26 . Maintaining at least the minimum State-required worker's compensation for those employees
27 who will perform the work or any part of it.
28 . Maintaining, as required by law, unemployment insurance, disability insurance, and liability
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1 insurance in an amount that is reasonable to compensate any person, firm or corporation who
2 may be injured or damaged by the SUBGRANTEE in performing the work or any part of it.
3 Including all terms of this Agreement, Exhibit B, and Exhibit C in each subcontract.
4 SUBGRANTEE represents that it is qualified, ready, willing, and able to perform all of the
5 services provided in this Agreement.
6 2. TERM
7 This Agreement shall be effective retroactive to September 1, 2023, through and including
8 January 31, 2026.
9 3. TERMINATION
10 A. Non-Allocation of Funds
11 The terms of this Agreement, and the services to be provided hereunder, are contingent on the
12 approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the
13 services provided may be modified, or this Agreement terminated, at any time by giving the
14 SUBGRANTEE thirty (30) days advance written notice.
15 B. Breach of Contract
16 The COUNTY may suspend or terminate this Agreement in whole or in part, where in the
17 determination of the COUNTY there is a breach:
18 1) Obtained or used funds illegally or improperly;
19 2) A failure to comply with any term of this Agreement;
20 3) A substantially incorrect or incomplete report submitted to the COUNTY; or
21 4) Improperly performed any of its obligations under this Agreement.
22 Upon determining that a breach (as defined above) has occurred, COUNTY may give written
23 notice of the breach to SUBGRANTEE. The written notice may suspend performance under this
24 Agreement and must provide at least 30 days for SUBGRANTEE to cure the breach.
25 If SUBGRANTEE fails to cure the breach to COUNTY's satisfaction within the time stated in the
26 written notice, COUNTY may terminate this Agreement immediately.
27 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any
28 breach of this Agreement or any default which may then exist on the part of the SUBGRANTEE. Neither
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1 shall such payment impair or prejudice any remedy available to the COUNTY with respect to the breach
2 or default. The COUNTY shall have the right to demand of the SUBGRANTEE the repayment to the
3 COUNTY of any funds disbursed to the SUBRGRANTEE under this Agreement, which in the judgment
4 of the COUNTY were not expended in accordance with the terms of this Agreement. The
5 SUBGRANTEE shall promptly refund any such funds upon demand.
6 Any termination of this Agreement by the COUNTY under this Section Three is without penalty to
7 or further obligation of the COUNTY. This Section Three survives the termination of this Agreement.
8 C. Without Cause
9 Under circumstances other than those set forth above, this Agreement may be terminated by
10 SUBGRANTEE, COUNTY or COUNTY's DSS Director, or designee, upon the giving of thirty (30) days
11 advance written notice of an intention to terminate this Agreement.
12 4. COMPENSATION
13 COUNTY shall pay SUBGRANTEE a sum of Six Hundred Thousand and No/100 Dollars
14 ($600,000) in a lump sum advance, for services to be provided pursuant to the terms of this Agreement,
15 The SUBGRANTEE is solely responsible for all of its costs and expenses that are not specified as
16 payable by the County under this Agreement. Any compensation which is not expended by SUBGRANTEE
17 pursuant to the terms and conditions of this Agreement shall automatically revert to COUNTY.
18 Should this agreement be terminated early by either party, all remaining funds not payable under
19 this agreement shall revert to the COUNTY.
20 SUBGRANTEE acknowledges that COUNTY is a local government entity and does so with notice
21 that the COUNTY's powers are limited by the California Constitution and by State law, and with notice that
22 SUBGRANTEE may receive compensation under this Agreement only for services performed according to
23 the terms of this Agreement and while this Agreement is in effect, and subject to the maximum amount
24 payable under this section. SUBGRANTEE further acknowledges that COUNTY's employees have no
25 authority to pay SUBGRANTEE except as expressly provided in this Agreement.
26 5. MODIFICATION
27 A. Any matters of this Agreement may be modified from time to time by the written
28 consent of SUBGRANTEE and COUNTY without, in any way, affecting the remainder.
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1 6. INDEPENDENT CONTRACTOR
2 In performance of the work, duties and obligations assumed by SUBGRANTEE under this
3 Agreement, it is mutually understood and agreed that SUBGRANTEE, including any and all of the
4 SUBGRANTEE'S officers, agents, and employees will at all times be acting and performing as an
5 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
6 employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no
7 right to control or supervise or direct the manner or method by which SUBGRANTEE'S contractors shall
8 perform its work and function. However, COUNTY shall retain the right to verify that SUBGRANTEE's
9 contractors are performing their obligations in accordance with the terms and conditions of this
10 Agreement.
11 SUBGRANTEE and COUNTY shall comply with all applicable provisions of law and the rules and
12 regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
13 Because of its status as an independent contractor, SUBGRANTEE shall have absolutely no
14 right to employment rights and benefits available to COUNTY employees. SUBGRANTEE shall be
15 solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee
16 benefits. In addition, SUBGRANTEE shall be solely responsible and save COUNTY harmless from all
17 matters relating to payment of SUBGRANTEE'S employees, including compliance with Social Security
18 withholding and all other regulations governing such matters. It is acknowledged that during the term of
19 this Agreement, SUBGRANTEE may be providing services to others unrelated to the COUNTY or to this
20 Agreement.
21 7. INDEMNITY AND DEFENSE
22 SUBGRANTEE agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend the
23 COUNTY, its officers, agents, employees, and volunteers from any and all demands, injuries, damages,
24 costs, and expenses (including attorney's fees and costs), fines, penalties, liabilities, claims, and losses
25 of any kind occurring or resulting to COUNTY, contractors, or any third party that arise from or relate to
26 the performance, or failure to perform, by SUBGRANTEE, its officers, agents, or employees, or
27 subcontractors under this Agreement, and from any and all costs and expenses (including attorney's
28 fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or
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1 corporation who may be injured or damaged by the performance, or failure to perform, of
2 SUBGRANTEE, its officers, agents, or employees under this Agreement. COUNTY may conduct or
3 participate in its own defense without affecting SUBGRANTEE's obligation to indemnify and hold
4 harmless or defend the COUNTY.
5 The provisions of this Section Seven (7) shall survive termination of this Agreement.
6 8. INSURANCE
7 The SUBGRANTEE shall comply with all the insurance requirements in Exhibit D to this Agreement.
8 9. ASSIGNMENT AND SUBCONTRACTS
9 Neither party shall assign, transfer or subcontract this Agreement nor their rights or duties under
10 this Agreement without the prior written consent of the other party. Any transferee, assignee or
11 subcontractor will be subject to all applicable provisions of this Agreement, and all applicable State and
12 Federal regulations. SUBGRANTEE shall be held primarily responsible by COUNTY for the
13 performance of any transferee, assignee or subcontractor unless otherwise expressly agreed to in
14 writing by COUNTY. The use of subcontractor by SUBGRANTEE shall not entitle SUBGRANTEE to any
15 additional compensation than is provided for under this Agreement.
16 10. CONFLICT OF INTEREST
17 No officer, employee or agent of the COUNTY who exercises any function or responsibility for
18 planning and carrying out of the services provided under this Agreement shall have any direct or indirect
19 personal financial interest in this Agreement. In addition, no employee of the COUNTY shall be
20 employed by the SUBGRANTEE under this Agreement to fulfill any contractual obligations with the
21 COUNTY. The SUBGRANTEE shall comply with all Federal, State of California and local conflict of
22 interest laws, statutes and regulations, which shall be applicable to all parties and beneficiaries under
23 this Agreement and any officer, employee or agent of the COUNTY.
24 11. DISCLOSURE OF SELF-DEALING TRANSACTIONS
25 This provision is only applicable if the SUBGRANTEE is operating as a corporation or if during
26 the term of the agreement, the SUBGRANTEE changes its status to operate as a corporation.
27 Members of the SUBGRANTEE's Board of Supervisors shall disclose any self-dealing
28 transactions that they are a party to while SUBGRANTEE is providing goods or performing services
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1 under this agreement. A self-dealing transaction shall mean a transaction to which the SUBGRANTEE is
2 a party and in which one or more of its directors has a material financial interest. Members of the Board
3 of Directors shall disclose any self-dealing transactions that they are a party to by completing and
4 signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit E and submitting it to
5 the COUNTY prior to commencing with the self-dealing transaction or immediately thereafter.
6 12. NON-DISCRIMINATION
7 During the performance of this Agreement, SUBGRANTEE and its officers, employees, agents
8 and subcontractors shall not unlawfully discriminate in violation of any Federal, State or local law, rule or
9 regulation against any employee or applicant for employment, or recipient of services under this
10 Agreement, because of age, ethnic group identification, sex, gender, gender identity, gender expression,
11 sexual orientation, color, physical disability, mental disability, medical condition, national origin, race,
12 ancestry, genetic information, marital status, religion, religious creed, military status, or veteran status.
13 A. Domestic Partners and Gender Identity
14 For State fund-funded contracts of$100,000 or more, SUBGRANTEE certifies that it complies
15 with Public Contract Code Section 10295.3.
16 B. Americans with Disabilities Act
17 SUBGRANTEE shall comply with the Americans with Disabilities Act (ADA) of 1990, which
18 prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines
19 issued pursuant to the ADA (42 U.S.C. 12101 et seq.)
20 C. SUBGRANTEE shall include the non-discrimination and compliance provisions of this
21 section in all subcontracts to perform work under this Agreement.
22 13. LIMITED ENGLISH PROFICIENCY
23 SUBGRANTEE shall provide interpreting and translation services to persons participating in
24 SUBGRANTEE's services who have limited or no English language proficiency, including services to
25 persons who are deaf or blind. Interpreter and translation services shall be provided as necessary to
26 allow such participants meaningful access to the programs, services and benefits provided by
27 SUBGRANTEE. Interpreter and translation services, including translation of SUBGRANTEE's "vital
28 documents" (those documents that contain information that is critical for accessing SUBGRANTEE's
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1 services or are required by law) shall be provided to participants at no cost to the participant.
2 SUBGRANTEE shall ensure that any employees, agents, subcontractors, or partners who interpret or
3 translate for a program participant, or who directly communicate with a program participant in a
4 language other than English, demonstrate proficiency in the participant's language and can effectively
5 communicate any specialized terms and concepts peculiar to SUBGRANTEE's services.
6 14. CONFIDENTIALITY AND DATA SECURITY
7 All services performed by SUBGRANTEE under this Agreement shall be in strict conformance
8 with all applicable Federal, State of California and/or local laws and regulations relating to confidentiality.
9 For the purpose of preventing the potential loss, misappropriation or inadvertent disclosure of
10 COUNTY data including sensitive or personal client information; abuse of COUNTY resources; and/or
11 disruption to COUNTY operations, individuals and/or agencies that enter into a contractual relationship
12 with COUNTY for the purpose of providing services under this Agreement must employ adequate data
13 security measures to protect the confidential information provided to SUBGRANTEE by COUNTY,
14 including but not limited to the following:
15 A. Contractor-Owned Mobile/Wireless/Handheld Devices may not be connected to
16 COUNTY networks via personally owned mobile, wireless or handheld devices, except when authorized
17 by COUNTY for telecommuting and then only if virus protection software currency agreements are in
18 place, and if a secure connection is used.
19 B. Contractor-Owned Computers or Computer Peripherals may not be brought into
20 COUNTY for use, including and not limited to mobile storage devices, without prior authorization from
21 COUNTY's Chief Information Officer or her designee. Data must be stored on a secure server approved
22 by COUNTY and transferred by means of a VPN (Virtual Private Network) connection, or another type of
23 secure connection of this type if any data is approved to be transferred.
24 C. County-Owned Computer Equipment— SUBGRANTEE or anyone having an
25 employment relationship with COUNTY may not use COUNTY computers or computer peripherals on
26 non-COUNTY premises without prior authorization from COUNTY's Chief Information Officer or her
27 designee.
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1 D. SUBGRANTEE may not store COUNTY's private, confidential or sensitive data on
2 any hard-disk drive.
3 E. SUBGRANTEE is responsible to employ strict controls to ensure the integrity and
4 security of COUNTY's confidential information and to prevent unauthorized access to data maintained in
5 computer files, program documentation, data processing systems, data files and data processing
6 equipment which stores or processes COUNTY data internally and externally.
7 F. Confidential client information transmitted to one party by the other by means of
8 electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of 128
9 BIT or higher. Additionally, a password or pass phrase must be utilized.
10 G. SUBGRANTEE is responsible to immediately notify COUNTY of any breaches or
11 potential breaches of security related to COUNTY's confidential information, data maintained in
12 computer files, program documentation, data processing systems, data files and data processing
13 equipment which stores or processes COUNTY data internally or externally.
14 H. SUBGRANGEE shall require its subcontractors to comply with the provisions of
15 this Data Security section.
16 15. CLEAN AIR AND WATER
17 In the event the funding under this Agreement exceeds One Hundred Fifty Thousand and
18 No/100 Dollars ($150,000.00), SUBGRANTEE shall comply with all applicable standards, orders or
19 requirements issued under the Clean Air Act, as amended, 42 U.S. Code 7401 et seq., and the Federal
20 Water Pollution Control Act, 33 U.S. Code 1251 et seq. Under these laws and regulations,
21 SUBGRANTEE shall:
22 A. Assure the COUNTY that no facility shall be utilized in the performance of this
23 Agreement that has been listed on the Environmental Protection Agency (EPA) list of Violating Facilities;
24 B. Notify COUNTY prior to execution of this Agreement of the receipt of any
25 communication from the Director, Office of Federal Activities, U.S. EPA indicating that a facility to be
26 utilized in the performance of this Agreement is under consideration to be listed on the EPA list of
27 Violating Facilities;
28 C. Report each violation of the above laws to COUNTY and understand and agree
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1 that the COUNTY will, in turn, report each violation as required to assure notification to the Federal
2 Emergency Management Agency (FEMA) and the appropriate Environmental Protection Agency
3 Regional Office; and
4 D. Include these requirements in each subcontract exceeding $150,000 financed in
5 whole or in part with federal assistance.
6 16. PROCUREMENT OF RECOVERED MATERIALS
7 In the performance of this Agreement, SUBGRANTEE shall comply with section 6002 of the
8 Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
9 requirements of Section 6002 include procuring only items designated in guidelines of the
10 Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
11 recovered materials practicable, consistent with maintaining a satisfactory level of competition, where
12 the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
13 preceding fiscal year exceeded $10,000. For contracts meeting this threshold SUBGRANTEE shall
14 make maximum use of products containing recovered materials that are EPA-designated items unless
15 the product cannot be acquired:
16 i. Competitively within a timeframe providing for compliance with the
17 contract performance schedule;
18 ii. Meeting contract performance requirements; or
19 iii. At a reasonable price.
20 17. DRUG-FREE WORKPLACE REQUIREMENTS
21 For purposes of this paragraph, SUBGRANTEE will be referred to as the "grantee". By drawing
22 funds against this grant award, the grantee is providing the certification that is required by regulations
23 implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F. These regulations
24 require certification by grantees that they will maintain a drug-free workplace. False certification or
25 violation of the certification shall be grounds for suspension of payments, suspension or termination of
26 grants, or government wide suspension or debarment. SUBGRANTEE shall also comply with the
27 requirements of the Drug-Free Workplace Act of 1990 (California Government Code section 8350 et
28 seq.).
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1 18. GRIEVANCES
2 SUBGRANTEE shall ensure that contractors establish procedures for handling client complaints
3 and/or grievances. Such procedures will include provisions for informing clients of their rights to a State
4 Hearing to resolve such issues when appropriate.
5 19. PROHIBITION ON PUBLICITY
6 None of the funds, materials, property or services provided directly or indirectly under this
7 Agreement shall be used for SUBGRANTEE's advertising, fundraising, or publicity (i.e., purchasing of
8 tickets/tables, silent auction donations, etc.) for the purpose of self-promotion. Notwithstanding the
9 above, publicity of the services described in Paragraph One (1) of this Agreement shall be allowed as
10 necessary to raise public awareness about the availability of such specific services at no additional cost
11 to the COUNTY.
12 20. LOBBYING AND POLITICAL ACTIVITY
13 None of the funds provided under this Agreement shall be used for publicity, lobbying or
14 propaganda purposes designed to support or defeat legislation pending in the Congress of the United
15 States of America or the Legislature of the State of California.
16 SUBGRANTEE shall not directly or indirectly use any of the funds under this Agreement for any
17 political activity or to further the election or defeat of any candidate for public office.
18 21. STATE ENERGY CONSERVATION
19 SUBGRANTEE must comply with the mandatory standard and policies relating to energy
20 efficiency which are contained in the State Energy Conservation Plan issued in compliance with 42
21 United States (US) Code sections 6321, et. Seq.
22 22. FRATERNIZATION
23 SUB shall establish procedures addressing fraternization between SUBGRANTEE'S staff and
24 clients. Such procedures will include provisions for informing SUBGRANTEE'S staff and clients
25 regarding fraternization guidelines.
26 23. INTERPRETATION OF LAWS AND REGULATIONS
27 COUNTY reserves the right to make final interpretations or clarifications on issues relating to
28 Federal and State laws and regulations, to ensure compliance.
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1 24. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
2 SUBGRANTEE, its officers, consultants, subcontractors, agents and employees shall comply
3 with all applicable State, Federal and local laws, regulations, and executive orders, as well as Federal
4 policies, procedures, and directives governing projects that utilize State and Federal Funds. This
5 includes laws, rules and regulations that pertain to construction, health and safety, labor, fair
6 employment practices, environmental protection, equal opportunity, fair housing, and all other matters
7 applicable or related to SUBGRANTEE's services, the SUBGRANTEE, its subcontractors, and all
8 eligible activities.
9 SUBGRANTEE shall be responsible for obtaining all permits, licenses, and approvals required
10 for performing any activities under this Agreement, including those necessary to perform design,
11 implementation, operation, and maintenance of the activities. SUBGRANTEE shall be responsible for
12 observing and complying with any applicable federal, state, and local laws, rules, and regulations
13 affecting any such work, specifically those including, but not limited to, environmental protection,
14 procurement, and safety laws, rules, regulations, and ordinances. SUBGRANTEE shall provide copies
15 of permits and approvals to COUNTY upon request.
16 25. NO OBLIGATION BY FEDERAL GOVERNMENT
17 The Federal Government is not a party to this contract and is not subject to any obligations or
18 liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from
19 this Agreement.
20 26. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
21 SUBGRANTEE acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False
22 Claims and Statements) applies to SUBGRANTEE's actions pertaining to this contract.
23 27. RECORDS
24 A. Record Establishment and Maintenance
25 SUBGRANTEE shall establish and maintain records in accordance with those
26 requirements prescribed by COUNTY, with respect to all matters covered by this Agreement.
27 SUBGRANTEE shall retain all fiscal books, account records and client files for services performed under
28 this Agreement for at least five (5) years from date of final payment under this Agreement or until all
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1 State and Federal audits are completed for that fiscal year, whichever is later.
2 B. Service Documentation
3 SUBGRANTEE agrees to maintain records to verify services under this Agreement
4 including names and addresses of clients served, if applicable, and the dates of service and a
5 description of services provided on each occasion. These records and any other documents pertaining
6 in whole or in part to this Agreement shall be clearly identified and readily accessible.
7 28. PUBLIC RECORDS
8 The COUNTY is not limited in any manner with respect to its public disclosure of this
9 Agreement or any record or data that SUBGRANTEE may provide to the COUNTY. The COUNTY's
10 public disclosure of this Agreement or any record or data that the SUBGRANTEE may provide to the
11 COUNTY may include but is not limited to the following:
12 A. The COUNTY may voluntarily, or upon request by any member of the public or
13 governmental agency, disclose this Agreement to the public or such governmental agency.
14 B. The COUNTY may voluntarily, or upon request by any member of the public or
15 governmental agency, disclose to the public or such governmental agency any record or data that the
16 Contractor may provide to the COUNTY, unless such disclosure is prohibited by court order.
17 C. This Agreement, and any record or data that the SUBGRANTEE may provide to
18 the COUNTY, is subject to public disclosure under the Ralph M. Brown Act (California Government
19 Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
20 D. This Agreement, and any record or data that the SUBGRANTEE may provide to
21 the COUNTY, is subject to public disclosure as a public record under the California Public Records Act
22 (California Government Code, Title 1, Division 7, Chapter 3.5, beginning with section 6250) ("CPRA").
23 E. This Agreement, and any record or data that the SUBGRANTEE may provide to
24 the COUNTY, is subject to public disclosure as information concerning the conduct of the people's
25 business of the State of California under California Constitution, Article 1, section 3, subdivision (b).
26 F. Any marking of confidentiality or restricted access upon or otherwise made with
27 respect to any record or data that the Contractor may provide to the COUNTY shall be disregarded and
28
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1 have no effect on the COUNTY's right or duty to disclose to the public or governmental agency any such
2 record or data.
3 G. Notwithstanding sections A-F above, any information protected by law shall not be
4 subject to public disclosure.
5 29. AUDITS AND INSPECTIONS
6 The SUBGRANTEE shall at any time during business hours, and as often as the COUNTY may
7 deem necessary, make available to the COUNTY for examination all of its records and data with respect
8 to the matters covered by this Agreement, excluding attorney-client privileged communications.
9 SUBGRANTEE shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of
10 such records and data necessary to ensure SUBGRANTEE'S compliance with the terms of this
11 Agreement.
12 If this Agreement exceeds ten thousand dollars ($10,000.00), SUBGRANTEE shall be subject to
13 the examination and audit of the Auditor General for a period of three (3) years after final payment under
14 contract (California Government Code Section 8546.7). This section survives the termination of this
15 Agreement.
16 In addition, SUBGRANTEE shall cooperate and participate with COUNTY's fiscal review process
17 and comply with all final determinations rendered by the COUNTY's fiscal review process. If COUNTY
18 reaches an adverse decision regarding SUBGRANTEE's services to consumers, it may result in the
19 disallowance of payment for services rendered; or in additional controls to the delivery of services, or in
20 the termination of this Agreement, at the discretion of COUNTY's DSS Director or designee. If as a
21 result of COUNTY's fiscal review process a disallowance is discovered due to SUBGRANTEE's
22 deficiency, SUBGRANTEE shall be financially liable for the amount previously paid by COUNTY to
23 SUBGRANTEE. In addition, COUNTY shall have the sole discretion in the determination of fiscal review
24 outcomes, decisions, and actions.
25 30. CHILD SUPPORT COMPLIANCE ACT
26 If this Agreement includes State funding in excess of$100,000, the Contractor acknowledges in
27 accordance with Public Contract Code 7110, that:
28 A. SUBGRANTEE recognizes the importance of child and family support obligations
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1 and shall fully comply with all applicable state and federal laws relating to child and family support
2 enforcement, including, but not limited to, disclosure of information and compliance with earnings
3 assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of
4 the Family Code; and
5 B. SUBGRANTEE to the best of its knowledge is fully complying with the earnings
6 assignment orders of all employees and is providing the names of all new employees to the New Hire
7 Registry maintained by the California Employment Development Department.
8 31. PRIORITY HIRING CONSIDERATIONS
9 If this Agreement includes State funding and services in excess of$200,000, SUBGRANTEE
10 shall give priority consideration in filling vacancies in positions funded by the Agreement to qualified
11 recipients of aid under Welfare and Institutions Code Section 11200, in accordance with Public Contract
12 Code Section 10353.
13 32. PUBLIC INFORMATION
14 SUBGRANTEE shall disclose COUNTY as a funding source in all public information and
15 program materials developed in support of contracted services.
16 33. NOTICES
17 The persons and their addresses having authority to give and receive notices under this
18 Agreement include the following:
19 COUNTY SUBGRANTEE
20 Director of Social Services County Administrative Officer
21 Department of Social Services County Administrative Office
22 P.O. Box 1912 200 W. Fourth Street, Ste 4200
23 Fresno, CA 93718-1912 Madera, CA 93637
24 Either party may change the information in this section by giving notice as provided in this section.
25 All notices between the COUNTY and SUBGRANTEE provided for or permitted under this Agreement must
26 be in writing and delivered either by personal service, by first-class United States mail, er by an overnight
27 commercial courier service, by telephonic facsimile transmission, or by Portable Document Format(PDF)
28 document attached to an email. A notice delivered by personal service is effective upon service to the
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1 recipient. A notice delivered by first-class United States mail is effective three COUNTY business days
2 after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice delivered by
3 an overnight commercial courier service is effective one COUNTY business day after deposit with the
4 overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day
5 delivery, addressed to the recipient. A notice delivered by telephonic facsimile transmission or by PDF
6 document attached to an email is effective when transmission to the recipient is completed (but, if such
7 transmission is completed outside of COUNTY's business hours, then such delivery is deemed to be
8 effective at the next beginning of a COUNTY business day), provided that the sender maintains a machine
9 record of the completed transmission. For all claims arising out of or related to this Agreement, nothing in
10 this section establishes, waives, or modifies any claims presentation requirements or procedures provided
11 by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government
12 Code, beginning with section 810).
13 34. CHANGE OF LEADERSHIP/MANAGEMENT
14 In the event of any change in the status of SUBGRANTEE's leadership or management,
15 SUBGRANTEE shall provide written notice to COUNTY within thirty (30) days from the date of change.
16 Such notification shall include any new leader or manager's name and address. "Leadership or
17 management" shall include any employee, member, or owner of SUBGRANTEE who either a) directs
18 individuals providing services pursuant to this Agreement, b) exercises control over the manner in which
19 services are provided, or c) has authority over SUBGRANTEE's finances.
20 35. NO THIRD PARY BENEFICIARIES
21 This Agreement does not and is not intended to create any rights or obligations for any person or
22 entity except for the parties.
23 36. AUTHORIZED SIGNATURE
24 SUBGRANTEE represents and warrants to COUNTY that:
25 A. SUBGRANTEE is duly authorized and empowered to sign and perform its
26 obligations under this Agreement.
27 B. The individual signing this Agreement on behalf of SUBGRANTEE is duly
28 authorized to do so and his or her signature on this Agreement legally binds
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1 SUBGRANTEE to the terms of this Agreement.
2 37. ELECTRONIC SIGNATURE
3 The parties agree that this Agreement may be executed by electronic signature as provided in
4 this section. An "electronic signature" means any symbol or process intended by an individual signing
5 this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
6 version of an original handwritten signature; or (3) an electronically scanned and transmitted (for
7 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to
8 this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing
9 this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or
10 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of
11 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
12 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
13 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
14 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
15 through (5), and agrees that each other party may rely upon that representation. This Agreement is not
16 conditioned upon the parties conducting the transactions under it by electronic means and either party
17 may sign this Agreement with an original handwritten signature.
18 38. COUNTERPARTS
19 This Agreement may be signed in counterparts, each of which is an original, and all of which
20 together constitute this Agreement.
21 39. GOVERNING LAW, JURISDICTION, AND VENUE
22 The laws of the State of California govern all matters arising from or related to this Agreement.
23 This Agreement is signed and performed in Fresno County, California. SUBGRANTEE consents to
24 California jurisdiction for actions arising from or related to this Agreement, and, subject to the
25 Government Claims Act, all such actions must be brought and maintained in Fresno County.
26 40. NO WAIVER
27 Payment, waiver, or discharge by COUNTY of any liability or obligation of SUBGRANTEE under
28 this Agreement on any one or more occasions is not a waiver of performance of any continuing or other
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1 obligation of SUBGRANTEE and does not prohibit enforcement by COUNTY of any obligation on any
2 other occasion.
3 41. DISPUTES
4 In the event of any dispute, claim, question, or disagreement arising from or relating to this
5 agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute,
6 claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good
7 faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to
8 both parties. During this time, the parties will continue meeting their contract responsibilities. If the
9 parties do not reach such solution within a period of 60 days, then the parties may take whatever action
10 is available to them by law.
11 42. SEVERABILITY
12 If anything in this Agreement is found by a court of competent jurisdiction to be unlawful or
13 otherwise unenforceable, the balance of this Agreement remains in effect, and the parties shall make
14 best efforts to replace the unlawful or unenforceable part of this Agreement with lawful and enforceable
15 terms intended to accomplish the parties' original intent.
16 43. CONSTRUCTION
17 The final form of this Agreement is the result of the parties' combined efforts. If anything in this
18 Agreement is found by a court of competent jurisdiction to be ambiguous, that ambiguity shall not be
19 resolved by construing the terms of this Agreement against either party.
20 44. DAYS
21 Unless otherwise specified, "days" means calendar days.
22 45. ENTIRE AGREEMENT
23 This Agreement, including its exhibits, constitutes the entire agreement between the
24 SUBGRANTEE and COUNTY with respect to the subject matter hereof and supersedes all previous
25 negotiations, proposals, commitments, writings, advertisements, publications, and understanding of any
26 nature whatsoever unless expressly included in this Agreement. If there is any inconsistency between
27 the terms of this Agreement without its exhibits and the terms of the exhibits, then the inconsistency will
28
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1 be resolved by giving precedence first to the terms of this Agreement without its exhibits, and then to the
2 terms of the exhibits.
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1 The parties are executing this Agreement on the date stated in the introductory clause.
2 SUBGRANTEE: COUNTY OF FRESNO:
1
3
4 Davi Ro rs, Chairman of the V S I Q i ero, hairman of the
5 Board of Supervisors of the County of Madera B o isors of the County of Fresno
6
7
ATTEST: ATTEST:
8 Karen Scrivner Bernice E. Seidel
9 Clerk of the Board of Supervisors Clerk of the Board of Supervisors
10 (Ila l V tL�it---"
11 Deputy
12
13
14 Mailing Address:
15 County of Madera
County Administrative Office
16 200 W. Fourth Street, Ste 4200
Madera, CA 93637
17 Contact: Joel Bugay
Phone No: (559) 675-7703
18
19
20 FOR ACCOUNTING USE ONLY:
Fund/Subclass: 0001/10000
21 ORG No.: 56107114
Account No.: 7870
22
23 SB:sd
24
25
26 4881-7100-0445
27
28
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EXHIBIT A
Exhibit A
Page 1 of 2
SUMMARY OF SERVICES
ORGANIZATION: County of Madera
ADDRESS: 200 W. 4th Street, Suite 4200, Madera, CA 93637
CONTACT: Joel Bugay, Deputy County Administrative Officer
TELEPHONE: (559) 675-7703
EMAIL: joel.bugay@maderacounty.com
CONTRACT: Emergency Shelter Services in Madera County
CONTRACT TERM: September 1, 2023 through January 31, 2026
SUMMARY OF SERVICES
The County of Madera shall use the awarded funding to provide approximately 29-months of
non-congregate triage emergency shelter services to individuals or families experiencing a
housing crisis in Madera County. The Triage Center emergency shelter model will provide a
safe, supportive environment where residents will be given wraparound services to attain
permanent housing; rebuilding their support network and addressing the issues that led to
the episode of homelessness. Case management services are intensive and housing-
focused to quickly connect clients with permanent housing or bridge/transitional housing
services while their permanent housing placement is being secured. Case management
staff will work with clients to develop a housing plan as soon as they enter the program and
work with clients to leverage their existing resources.
TARGET POPULATION
The target population is individuals or families experiencing homelessness or are at-risk of
homelessness, as defined by 24 CFR 578.3, in Madera County.
A. MADERA COUNTY RESPONSIBILITIES
Madera County shall:
• Ensure that all triage services are 24-hour emergency shelter services that offer low-
barrier access with no requirements for participation in activities or sobriety. Services
must include the following:
■ diversion pre-screening
■ case management
■ housing search and placement
■ connection to community resources
■ stabilization of health issues
• Ensure that all subrecipients of this funding utilize the Homeless Management
Information System (HMIS) to enter all required client data and track HHAP funded
projects, services, and clients served.
Exhibit A
Page 2 of 2
• Ensure that HMIS data is collected in accordance with applicable laws supported by
HHAP funding and provide Fresno County program data as necessary for quarterly
and annual reports.
• Ensure that selected providers participate in Coordinated Entry, prioritizing clients for
housing interventions based on vulnerability,
• Participate in and provide data elements to the statewide Homeless Data Integration
System (HDIS) in partnership with the Housing Authority of the County of Fresno, in
accordance with the existing FMCoC Data Use Agreement with the Business,
Consumer Services and Housing (BCSH) Agency and applicable Federal and State
law.
• Submit Quarterly and Annual expenditure updates to Fresno County for purposes of
tracking expenditure deadlines for the funding.
• Ensure all earning from any interest-bearing account established by Madera County
for the deposit of HHAP funds, along with any interest-bearing accounts opened by
subrecipients of Madera County for the deposit of HHAP funds, are used for HHAP
eligible activities and reported as required by HHAP.
• Ensure outcomes will align with the cross-jurisdictional goals of the FMCoC,
including system performance measures and racial equity and inclusion goals.
B. FRESNO COUNTY RESPONSIBILITIES
Fresno County Shall:
• Designate a contact person for Madera to communicate with when necessary.
• Meet with Madera as often as needed, to exchange pertinent information, resolve
problems, training, and monitoring of services.
• Provide timely requests for HMIS and expenditure data necessary for State
reporting, for services provided through this agreement.
EXHIBIT B
SCO ID: Exhibit B
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES Agreement No. 21-307
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORIT+NUMBER(If Applicable)
STD 213(Rev.0412020) 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:
$',3a7y93M30taat2 Mlon Three Hundred Ninety Seven Thousand Nine Hundred Thirty Three Dollars and No Cents)
A 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 g
Exhibit D Special Terms and Conditions 2
Exhibit E General Terms and Conditions 1
/terrfs shown with an asterisk(),are hereby incorporated by reference and made part o(this agreement as ifattoched hereto.
These documents can be viewed at https.//www.dgs.co.gov/OLS/Resources_
IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.)
County of Fresno(CA-514 Fresno Madera CoQ
CONTRACTOR BUSINESS ADDRESS CITY STATE JZIP
PO Box 24055 Fresno CA 93779
PRINTED NAME OF PERSON SIGNING TITLE
Steve Brandau Chairmen,County of Fresno Board of Supervisors
CONTRACTQR AUTHORIZ I URE DATE SIGNED
ATTEST:
BERNICE E. SEIDEL
Clerk of the Board of Supervisors
Count f Fresno �tateoftomia
By ' `�..
Depu
Paqe 1 of 2
SCO ID:
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(if Applicable)
STD 213(Rev.04/2020) 21-H H A P-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, Sep 20,2021
Lour es Castro Ramirez(Sep 20,202112:32 PDT)
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable)
Page 2of2
CA-514 Fresno City & County/Madera County CoC
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Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2)
Standard Agreement
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
1) Authority
The State of California has established the Homeless Housing, Assistance, and
Prevention Program Round 2 ("HHAP-2" or "Program") pursuant to Chapter 6
(commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety
Code. (Added by Stats.2020, c. 15 (A.B. 83), § 7, eff. June 29, 2020.)
The Program is administered by the California Homeless Coordinating and
Financing Council ("HCFC") in the Business, Consumer Services and Housing
Agency ("Agency"). HHAP-2 provides one-time flexible block grant funds
to Continuums of Care, large cities (population of 300,000+) and counties as defined
in the November 13, 2020 HHAP-2 Notice of Funding Availability ("NOFA") to build
on the regional coordination created through previous HCFC grant funding and
support local jurisdictions in their unified regional responses to reduce and end
homelessness.
This Standard Agreement along with all its exhibits ("Agreement") is entered into by
the Agency and a Continuum of Care, a city, or a county ("Grantee") under the
authority of, and in furtherance of the purpose of, the Program. In signing this
Agreement and thereby accepting this award of funds, the Grantee agrees to comply
with the terms and conditions of the Agreement, the NOFA under which
the Grantee applied, the representations contained in the Grantee's application, and
the requirements of the authority cited above.
2) Purpose
The general purpose of the Program is to continue to build on regional coordination
developed through previous rounds of funding of the Homelessness Emergency Aid
Program (Chapter 5 (commencing with Section 50210)), the program established
under this chapter, and COVID-19 funding to reduce homelessness. This funding
shall:
a) Continue to build regional collaboration between continuums of care, counties,
and cities in a given region, regardless of population, and ultimately be used to
develop a unified regional response to homelessness.
b) Be paired strategically with other local, state, and federal funds provided to
address homelessness in order to achieve maximum impact_ Grantees of this
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funding are encouraged to reference the Guide to Strategic Uses of Key State
and Federal Funds to Reduce Homelessness During the COVID-19 Pandemic
c) Be deployed with the goal of reducing the number of homeless individuals in a
given region through investing in long-term solutions, such as permanent
housing, and that the state be an integral partner through the provision of
technical assistance, sharing of best practices, and implementing an
accountability framework to guide the structure of current and future state
investments.
In accordance with the authority cited above, an application was created and
submitted by the Grantee for HHAP-2 funds to be allocated for eligible uses as
stated in Health and Safety Code section 50220.5, subdivision (d)(1) — (8).
3) Definitions
The following HHAP-2 program terms are defined in accordance with Health
and Safety Code section 50216, subdivisions (a) — (q):
(a) "Agency" means the Business, Consumer Services, and Housing Agency.
(b) "Applicant' means a Continuum of Care, city, or county.
(c) "City" means a city or city and county that is legally incorporated to provide local
government services to its population. A city can be organized either under the
general laws of this state or under a charter adopted by the local voters.
(d) "Continuum of Care" means the same as defined by the United States
Department of Housing and Urban Development at Section 578.3 of Title 24 of the
Code of Federal Regulations.
(e) "Coordinated Entry System" means a centralized or coordinated process
developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations,
as that section read on January 10, 2019, designed to coordinate homelessness
program participant intake, assessment, and provision of referrals. In order to satisfy
this subdivision, a centralized or coordinated assessment system shall cover the
geographic area, be easily accessed by individuals and families seeking housing or
services, be well advertised, and include a comprehensive and standardized
assessment tool.
(f) "Cowicil" means the Homeless Coordinating and Financing Council created
pursuant to Section 8257 of the Welfare and Institutions Code.
(g) "Emergency shelter" has the same meaning as defined in subdivision (e) of
Section 50801.
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(h) "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the
Code of Federal Regulations, as that section read on January 10, 2019.
(i) "Homeless Management Information System" means the information system
designated by a Continuum of Care to comply with federal reporting requirements as
defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term
"Homeless Management Information System" also includes the use of a comparable
database by a victim services provider or legal services provider that is permitted by
the federal government under Part 576 of Title 24 of the Code of Federal
Regulations.
(j) "Homeless point-in-time count" means the 2019 homeless point-in-time count
pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations. A
jurisdiction may elect to instead use their 2017 point-in-time count if they can
demonstrate that a significant methodology change occurred between the 2017 and
2019 point-in-time counts that was based on an attempt to more closely align the
count with HUD best practices and undertaken in consultation with HUD
representatives. A jurisdiction shall submit documentation of this to the agency by
the date by which HUD's certification of the 2019 homeless point-in-time count is
finalized. The agency shall review and approve or deny a request described in the
previous sentence along with a jurisdiction's application for homeless funding.
(k) "Homeless youth" means an unaccompanied youth between 12 and 24 years of
age, inclusive, who is experiencing homelessness, as defined in subsection (2) of
Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C.
Sec. 11434a(2)). "Homeless youth" includes unaccompanied youth who are
pregnant or parenting.
(1) "Housing First" has the same meaning as in Section 8255 of the Welfare and
Institutions Code, including all of the core components listed therein.
(m) "Jurisdiction" means a city, city that is also a county, county, or Continuum of
Care, as defined in this section.
(n) "Navigation center" means a Housing First, low-barrier, service-enriched shelter
focused on moving homeless individuals and families into permanent housing that
provides temporary living facilities while case managers connect individuals
experiencing homelessness to income, public benefits, health services, shelter, and
housing.
(o) "Program" means the Homeless Housing, Assistance, and Prevention program
established pursuant to this chapter.
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(1) "Round 1" of the program means the funding allocated under the program
with moneys appropriated during the fiscal year beginning on July 1, 2019.
(2) "Round 2" of the program means the funding allocated under the program
with moneys appropriated during the fiscal year beginning on July 1, 2020.
(p) "Program allocation" means the portion of program funds available to expand or
develop local capacity to address immediate homelessness challenges.
(q) "Recipient" means a jurisdiction that receives funds from the agency for the
purposes of the program.
Additional definitions for the purposes of the HHAP-2 program:
"Obligate" means that the Grantee has placed orders, awarded contracts, received
services, or entered into similar transactions that require payment using HHAP-2
funding. Grantees, and the subrecipients who receive awards
from those Grantees, must obligate the funds by the statutory deadlines set forth in
this Exhibit A.
"Expended" means all HHAP-2 funds obligated under contract or subcontract have
been fully paid and receipted, and no invoices remain outstanding. In the case of an
award made through subcontracting, subcontractors are required to expend the
funds by the same statutory deadlines.
4) Scope of Work
The Scope of Work ("Work") for this Agreement shall include uses that
are consistent with Health and Safety Code section 50220.5, subdivision (d)—(f), and
any other applicable laws. The grantee shall expend funds on evidence-based
solutions that address and prevent homelessness among eligible populations
including any of the following:
a) Rapid rehousing, including rental subsidies and incentives to landlords, such as
security deposits and holding fees.
b) Operating subsidies in new and existing affordable or supportive housing units,
emergency shelters, and navigation centers. Operating subsidies may include
operating reserves.
c) Street outreach to assist persons experiencing homelessness to access
permanent housing and services.
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d) Services coordination, which may include access to workforce, education, and
training programs, or other services needed to promote housing stability in
supportive housing.
e) Systems support for activities necessary to create regional partnerships and
maintain a homeless services and housing delivery system, particularly for
vulnerable populations including families and homeless youth.
f) Delivery of permanent housing and innovative housing solutions, such as hotel
and motel conversions.
g) Prevention and shelter diversion to permanent housing, including rental
subsidies.
h) New navigation centers and emergency shelters based on demonstrated need.
Demonstrated need for purposes of this paragraph shall be based on the
following.
(i) The number of available shelter beds in the city, county, or region served by a
Continuum of Care.
(ii) The number of people experiencing unsheltered homelessness in the
homeless point-in-time count.
(iii) Shelter vacancy rate in the summer and winter months.
(iv) Percentage of exits from emergency shelters to permanent housing solutions.
(v) A plan to connect residents to permanent housing.
5) Agency Contract Coordinator
The Agency's Contract Coordinator for this Agreement is the Council's HHAP Grant
Manager or the Grant Manager's designee. Unless otherwise instructed, any notice,
report, or other communication requiring an original Grantee signature for this
Agreement shall be mailed to the Agency Contract Coordinator. If there are
opportunities to send information electronically, Grantee will be notified via email by
the HHAP Grant Manager or the Grant Manager's designee.
The Representatives during the term of this Agreement will be:
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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(cDbcsh.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:
i) Grantees that are counties must contractually obligate 100 percent of their
full program allocations on or before May 31, 2023.
ii) Grantees that are cities or continuums of care must contractually obligate no
less than 50 percent of program allocations on or before May 31, 2023.
iii) Counties that contractually obligate less than 100 percent of program
allocations after May 31, 2023 will have their unallocated funds reverted to
the CoC that serves the county. Specific to Los Angeles County, funds that
are not contractually obligated by this date shall be divided proportionately
using the HHAP funding allocation formula among the four CoC's that serve
Los Angeles County: City of Glendale CoC, City of Pasadena CoC, the City
of Long Beach CoC, and the Los Angeles Homeless Services Authority
S
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Cities or Continuums of Care that, after May 31, 2023, have contractually
obligated less than 50 percent of program allocations must submit and have
approved by the Council an alternative disbursement plan as required
under (Health & Safety Code, § 50220.5, subdivision (k)(2)).
c) Full Expenditure of HHAP-2 Grant Funds
i) All HHAP-2 grant funds (100 percent) must be expended by June 30, 2026
Any funds not expended by that date shall revert to the General Fund (Health
& Safety Code, § 50220.5, subdivision (o)).
7) Special Conditions
Agency reserves the right to add any special conditions to this Agreement it deems
necessary to ensure that the goals of the Program are achieved.
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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
apjr,fication. The Grantee shall submit an updated funding plan with
the annual report that revises and reports all actual and projected expenditures of
HHAP-2 funds.
a) Budget Changes
i) Changes may be made to the timing (e.g., fiscal year) of eligible use
expenditures without prior approval by the Agency so long as the total
expenditures (actual and projected) for each eligible use category remain the
same as described in the expenditure plan approved with
the Grantee's application.
ii) Any decrease or increase to the total expenditures for
any eligible use category must otherwise be approved by the Council's
HHAP-2 Grant Manager or his/her designee, in writing, before
the Grantee may expend HHAP-2 funds according to an alternative
expenditure plan. The HHAP-2 Grant Manager will respond to Grantee with
approval or denial of request. Failure to obtain written approval from the Grant
Manager or his/her designee as required by this section may be considered a
breach of this Agreement. A breach of this agreement may result in remedies
listed within Exhibit C of this agreement.
2) General Conditions Prior to Disbursement
All Grantees must submit the following forms prior to HHAP-2 funds being released-
• Request for Funds Form ("RFF")
• STD 213 Standard Agreement .. Two original copies of the signed STD 213
form and initialed Exhibits A through D
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• 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 cornpleted 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 coordinot-R eft? sy, ms and
Homeless Management Information Systems'
b) The applicant shall not use more than 7 percent of a HHAP-2 program allocation
for administrative costs incurred by the city, county, or Continuum of Care to
administer its program allocation. For purposes of this subdivision,
"administrative costs" does not include staff or other costs directly related to
implementing activities funded by the program allocation.
c) A program recipient shall use at least 8 percent of the funds allocated under this
section for services for homeless youth populations.
d) Recipients of HHAP-2 funds shall comply with Housing First as provided in
Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and
Institutions Code.
e) Grantees that are cities or continuums of care shall contractually obligate no less
than 50 percent of HHAP-2 funds by May 31, 2023. If less than 50 percent is
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obligated after May 31, 2023, continuums of care and cities shall not expend any
remaining portion of the 50 percent of program allocations required to have been
obligated unless and until both of the following occur:
i) On or before June 30, 2023, the Grantee submits an alternative disbursement
plan to HCFC that includes an explanation for the delay and a plan
to fully expend these funds by December 31, 2023.
ii) HCFC approves the alternative disbursement plan or provides the Grantee
with guidance on the revisions needed in order to approve the alternative
disbursement plan.
iii) If the funds identified in the approved alternative disbursement plan are
not fully expended by December 31, 2023, the funds shall be returned to the
HCFC for a subsequent round of awards by HCFC.
f) Grantees that are counties shall contractually obligate the full
allocation (100 percent) awarded to them by May 31, 2023. Any funds that are
not contractually obligated by this date shall be reverted to the Continuum of
Care that serves the county. Specific to Los Angeles County, funds that are not
contractually obligated by this date shall be divided proportionately using the
HHAP-2 funding allocation formula among the four CoC's that serve Los
Angeles County: City of Glendale CoC, City of Pasadena CoC, the City of Long
Beach CoC, and the Los Angeles Homeless Services Authority.
Counties not obligating their full program allocation by May 31, 2023 are required
to notify HCFC, on or before that date, of the name of the CoC(s) in which the
county is served, and the amount of program funds that will be reverted to
the CoC(s). By June 30, 2023, the county shall provide HCFC with evidence that
the funds were transferred and submit an updated budget that clearly identifies
the funds that were transferred.
g) HHAP-2 funds shall be expended by June 30, 2026
h) In accordance with Health and Safety Code section 50220.5, subdivision (1),
HCFC retains the right to require a corrective action plan of grantees that are not
on track to fully expend funds by the statutorily required deadline.
i) Any funds not expended by June 30, 2026 shall revert to the General Fund
5) Ineligible Costs
HHAP-2 funds shall not be used for costs associated with activities in violation of
any law or for any activities not consistent with the intent of the Program and
tl=e eligible uses identified in Health and Safety Code section 50220.5.
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HCFC reserves the right to request additional clarifying information to determine the
reasonableness and eligibility of all uses of the funds made available by this
Agreement. If the Grantee or its funded subrecipients use HHAP-2 funds to pay
for ineligible activities, the Grantee shall be required to reimburse these funds
to Agency.
An expenditure which is not authorized by this Agreement, or by written approval of
the Grant Manager or his/her designee, or which cannot be adequately documented,
shall be disallowed and must be reimbursed to Agency by the Grantee.
HCFC, at its sole and absolute discretion, shall make the final determination
regarding the allowability of HHAP-2 fund expenditures.
Program funds shall not be used to supplant existing local funds for homeless
housing, assistance, or prevention.
Reimbursements are not permitted in HHAP-2 for any expenditures prior to the date
of execution of this Agreement
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Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2)
Standard Agreement
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1) Termination and Sufficiency of Funds
a) Termination of Agreement
Agency may terminate this Agreement at any time for cause by giving a minimum
of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist
of violations of any conditions of this Agreement, any breach of contract as
described in paragraph 6 of this Exhibit C; violation of any federal or state laws;
or withdrawal of Agency's expenditure authority. Upon termination of this
Agreement, unless otherwise approved in writing by Agency, any unexpended
funds received by the Grantee shall be returned to Agency within 30 days
of Agency's notice of termination.
b) Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made
available to Agency by legislative appropriation. In addition, this Agreement is
subject to any additional restrictions, limitations or conditions, or statutes,
regulations or any other laws, whether federal or those of the State of California,
or of any agency, department, or any political subdivision of the federal or State
of California governments, which may affect the provisions, terms or funding of
this Agreement in any manner.
2) Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other
means, the rights, duties, or performance of this Agreement or any part thereof,
except as allowed within Exhibit C Section 12 (Special Conditions —
Grantees/SubGrantee) or with the prior written approval of HCFC and a formal
amendment to this Agreement to affect such subcontract or novation.
3) Grantee's Application for Funds
Grantee has submitted to HCFC an application for HHAP-2 funds to support regional
coordination and expand or develop local capacity to address its immediate
homelessness challenges. Agency is entering into this Agreement on the basis of
Grantee's facts, information, assertions and representations contained in
that application. Any subsequent modifications to the original funding plans
submitted within the original application must be requested through the formal HHAP
Change Request Process and are subject to approval by HCFC.
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Grantee warrants that all information, facts, assertions and representations
contained in the application and approved modifications and additions thereto are
true, correct, and complete to the best of Grantee's knowledge. In the event that any
part of the application and any approved modification and addition thereto is untrue,
incorrect, incomplete, or misleading in such a manner that would substantially affect
HCFC approval, disbursement, or monitoring of the funding and the grants or
activities governed by this Agreement, then Agency may declare a breach of this
Agreement and take such action or pursue such remedies as are legally available.
4) Reporting/Audits
a) Annual Reports
By January 1, 2022, and annually on that date thereafter until all funds have
been expended, the Grantee shall submit an annual report to HCFC in a
format provided by HCFC. Annual Reports will include a request for data on
expenditures and people served with HHAP-2 funding in addition to details on
specific projects selected for the use of HHAP-2 funding. If the Grantee fails to
provide such documentation, HCFC may recapture any portion of the amount
authorized by this Agreement with a 14-day written notification. No later than
January 1, 2027, the Grantee shall submit a final report, in a format provided
by HCFC, as well as a detailed explanation of all uses of the Program funds.
b) Expenditure Reports
In addition to the annual reports, HCFC requires the Grantee to submit quarterly
expenditure reports due no later than 30 days following the end of each fiscal
quarter. Grantee shall submit a report to HCFC on a form and method provided
by HCFC that includes the ongoing tracking of the specific uses and expenditures
of any program funds broken out by eligible uses listed, including the current
status of those funds, as well as any additional information HCFC deems
appropriate or necessary. If the Grantee fails to provide such documentation,
HCFC may recapture any portion of the amount authorized by this Agreement
with a 14-day written notification.
c) Reporting Requirements
i) Annual Report: The annual report shall contain detailed information in
accordance with Health and Safety Code secV!on 6(Y2XZ; subdivL4 (a).
This information includes the following, as well as any additional information
deemed appropriate or necessary by HCFC:
(1) Data collection shall include, but not be limited to, information regarding
individuals and families served, including demographic information,
information regarding partnerships among entities or lack thereof, and
pacicsnant,and regional outcomes.
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(2) The performance monitoring and accountability framework shall include
clear metrics, which may include, but are not limited to, the following:
(a) The number of individual exits to permanent housing, as defined by the
United States Department of Housing and Urban Development, from
unsheltered environments and interim housing resulting from this
funding.
(b) Racial equity, as defined by the council in consultation with
representatives of state and local agencies, service providers, the
Legislature, and other stakeholders.
(c) Any other metrics deemed appropriate by the council and developed in
coordination with representatives of state and local agencies,
advocates, service providers, and the Legislature.
(3) Data collection and reporting requirements shall support the efficient and
effective administration of the program and enable the monitoring of
jurisdiction performance and program outcomes.
ii) Expenditure Report: The expenditure report shall contain data on
expenditures of HHAP-2 funding including but not limited to obligated funds,
expended funds, interest accrued, and other funds derived from HHAP-2
funding.
iii) Final Expenditure Plan: During the final fiscal year of reporting, grantees may
be required to include a plan to fully expend HHAP-2 grant funding. This plan
must be submitted with the quarterly expenditure report in a format to be
provided by HCFC.
iv) HCFC may require additional supplemental reporting with written notice to the
Grantee.
v) Grantee may, at their discretion, fully expend their HHAP-2 allocation prior to
the end date of the grant term and will not be required to submit quarterly
fiscal reports after the quarter in which their allocation was fully expended.
d) Auditing
Agency reserves the right to perform or cause to be performed a financial audit.
At Agency request, the Grantee shall provide, at its own expense, a financial
audit prepared by a certified public accountant. HHAP-2 administrative funds may
be used to fund this expense. Should an audit be required, the Grantee shall
adhere to the following conditions:
i) The audit shall be performed by an independent certified public accountant.
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ii) The Grantee shall notify Agency of the auditor's name and address
immediately after the selection has been made. The contract for the audit
shall allow access by Agency to the independent auditor's working papers.
iii) The Grantee is responsible for the completion of audits and all costs of
preparing audits.
iv) If there are audit findings, the Grantee must submit a detailed respo'71p.X
acceptable to Agency for each audit finding within 90 days from the hlitAor,,
the audit finding report.
5) Inspection and Retention of Records
a) Record Inspection
HCFC or its designee shall have the right to review, obtain, and copy all records
and supporting documentation pertaining to performance under this Agreement.
The Grantee agrees to provide HCFC, or its designee, with any relevant
information requested. The Grantee agrees to give HCFC or its designee access
to its premises, upon reasonable notice and during normal business hours, for
the purpose of interviewing employees who might reasonably have information
related to such records, and of inspecting and copying such books, records,
accounts, and other materials that may be relevant to
an investigation of compliance with the Homeless Housing, Assistance, and
Prevention Program laws, the HHAP-2 program guidance document published
on the website, and this Agreement.
In accordance with Health and Safety Code section 50220.5, subdivision (1), if
upon inspection of records HCFC identifies noncompliance with grant
requirements HCFC retains the right to impose a corrective action plan on the
Grantee.
b) Record Retention
The Grantee further agrees to retain all records described in subparagraph A for
a minimum period of five (5) years after the termination of this Agreement.
If any litigation, claim, negotiation, audit, monitoring, inspection or other action
has been commenced before the expiration of the required record retention
period, all records must be retained until completion of the action and resolution
of all issues which arise from it.
6) Breach and Remedies
a) Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events.-
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i) Grantee's failure to comply with the terms or conditions of this Agreement.
ii) Use of, or permitting the use of, HHAP-2 funds provided under this
Agreement for any ineligible activities.
iii) Any failure to comply with the deadlines set forth in this Agreement.
b) Remedies for Breach of Agreement
In addition to any other remedies that may be available to Agency in law or equity
for breach of this Agreement, Agency may:
i) Bar the Grantee from applying for future HHAP funds;
ii) Revoke any other existing HHAP-2 award(s) to the Grantee;
iii) Require the return of any unexpended HHAP-2 funds disbursed under this
Agreement;
iv) Require repayment of HHAP-2 funds disbursed and expended under this
Agreement;
v) Require the immediate return to Agency of all funds derived from the use of
HHAP-2 funds
vi) Seek, in a court of competent jurisdiction, an order for specific performance of
the defaulted obligation or participation in the technical assistance in
accordance with HHAP-2 requirements.
c) All remedies available to Agency are cumulative and not exclusive.
d) Agency may give written notice to the Grantee to cure the breach or
violation within a period of not less than 15 days.
7) Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior
or subsequent breach. The failure of Agency to enforce at any time the provisions of
this Agreement, or to require at any time, performance by the Grantee of these
provisions, shale in no way l+e 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
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(over 40), genetic information, marital status, military and veteran status, and denial
of medical and family care leave or pregnancy disability leave. Grantees and Sub
grantees shall ensure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment.
Grantee and its subrecipients shall comply with the provisions of California's laws
against discriminatory practices relating to specific groups: the California Fair
Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations
promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the
provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government
Code (Gov. Code, §§ 11135 - 11139.5). Grantee and its subrecipients shall give
written notice of their obligations under this clause to labor organizations with which
they have a collective bargaining or other agreement.
9) Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. For
instance, Health and Safety Code section 50220.5, subdivision (i) states, " For
purposes of Section 1090 of the Government Code, a representative of a county
serving on a board, committee, or body with the primary purpose of administering
funds or making funding recommendations for applications pursuant to this chapter
shall have no financial interest in any contract, program, or project voted on by the
board, committee, or body on the basis of the receipt of compensation for holding
public office or public employment as a representative of the county."
Failure to comply with these laws, including business and financial disclosure
provisions, will result in the application being rejected and any subsequent contract
being declared void. Other legal action may also be taken. Additional applicable
statutes include, but are not limited to, Government Code section 1090 and Public
Contract Code sections 10410 and 10411.
a) Current State Employees: No State officer or employee shall engage in any
employment, activity, or enterprise from which the officer or employee receives
compensation or has a financial interest, and which is sponsored or funded by
any State agency, unless the employment, activity, or enterprise is required as a
condition of regular State employment. No State officer or employee shall
contract on his or her own behalf as an independent Grantee with any State
agency to provide goods or services.
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
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general subject area as the proposed contract within the twelve-month period
prior to his or her leaving State service.
c) Employees of the Grantee: Employees of the Grantee shall comply with all
applicable provisions of law pertaining to conflicts of interest, including but not
limited to any applicable conflict of interest provisions of the a Political Reform
Act of 1974 (Gov. Code, § 81000 et seq.).
d) Representatives of a County: A representative of a county serving on a board,
committee, or body with the primary purpose of administering funds or making
funding recommendations for applications pursuant to this chapter shall have no
financial interest in any contract, program, or project voted on by the board,
committee, or body on the basis of the receipt of compensation for holding public
office or public employment as a representative of the county.
10)Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies,
under penalty of perjury under the laws of State of California, that it and its
subrecipients will comply with the requirements of the Drug-Free Workplace Act of
1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by
taking the following actions:
Publish a statement notifying employees and subrecipients that unlawful
manufacture distribution, dispensation, possession, or use of a controlled substance
is prohibited and specifying actions to be taken against employees, Grantees, or
subrecipients for violations, as required by Government Code section 8355,
subdivision (a)(1).
a) Establish a Drug-Free Awareness Program, as required by Government Code
section 8355, subdivision (a)(2) to inform employees, Grantees, or
subrecipients about all of the following:
i) The dangers of drug abuse in the workplace;
ii) Grantee's policy of maintaining a drug-free workplace;
iii) Any available counseling, rehabilitation, and employee assistance program;
and
iv) Penalties that may be imposed upon employees, Grantees, and
subrecipients for drug abuse violations.
b) Provide, as required by Government Code section 8355, subdivision (a)(3), that
every employee and/or subrecipient that works under this Agreement:
i) Will receive a copy of Grantee's drug-free policy statement, and
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ii) Will agree to abide by terms of Grantee's condition of employment or
subcontract.
11)Child Support Compliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in
accordance with Public Contract Code 7110, that:
a) The Grantee recognizes the importance of child and family support obligations
and shall fully comply with all applicable state and federal laws relating to child
and family support enforcement, including, but not limited to, disclosure of
information and compliance with earnings assignment orders, as provided in
Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family
Code; and
b) The Grantee, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
12)Special Conditions — Grantees/Subgrantee
The Grantee agrees to comply with all conditions of this Agreement including
the Special Conditions set forth in Exhibit D. These conditions shall be met to the
satisfaction of Agency prior to disbursement of funds. The Grantee shall ensure that
all Subgrantees are made aware of and agree to comply with all the conditions of this
Agreement and the applicable State requirements governing the use of HHAP-2
funds. Failure to comply with these conditions may result in termination of this
Agreement.
a) The Agreement between the Grantee and any Subgrantee shall require
the Grantee and its Subgrantees, if any, to:
i) Perform the work in accordance with Federal, State and Local housing and
building codes, as applicable.
ii) Maintain at least the minimum State-required worker's compensation for
those employees who will perform the work or any part of it.
iii) Maintain, as required by law, unemployment insurance, disability insurance,
and liability insurance in an amount that is reasonable to compensate any
person, firm or corporation who may be injured or damaged by the Grantee or
any Subgrantee in performing the Work or any part of it.
iv) Agree to include all the terms of this Agreement in each subcontract.
13)Compliance with State and Federal Laws, Rules. Guidelines and Regulations
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The Grantee agrees to comply with all state and federal laws, rules and regulations
that pertain to construction, health and safety, labor, fair employment practices,
environmental protection, equal opportunity, fair housing, and all other matters
applicable and/or related to the HHAP-2 program, the Grantee, its subrecipients, and
all eligible activities.
Grantee shall also be responsible for obtaining any and all permits, licenses, and
approvals required for performing any activities under this Agreement, including
those necessary to perform design, construction, or operation and maintenance of
the activities. Grantee shall be responsible for observing and complying with any
applicable federal, state, and local laws, rules or regulations affecting any such work,
specifically those including, but not limited to, environmental protection,
procurement, and safety laws, rules, regulations, and ordinances. Grantee shall
provide copies of permits and approvals to HCFC upon request.
14)Inspections
a) Grantee shall inspect any work performed hereunder to ensure that the work is
being and has been performed in accordance with the applicable federal, state
and/or local requirements, and this Agreement.
b) HCFC reserves the right to inspect any work performed hereunder to ensure that
the work is being and has been performed in accordance with the
applicable federal, state and/or local requirements, and this Agreement.
c) Grantee agrees to require that all work that is determined based on such
inspections not to conform to the applicable requirements be corrected and to
withhold payments to the subrecipient until it is corrected.
15)Litigation
a) If any provision of this Agreement, or an underlying obligation, is held invalid by a
court of competent jurisdiction, such invalidity, at the sole discretion
of Agency, shall not affect any other provisions of this Agreement and the
remainder of this Agreement shall remain in full force and effect. Therefor�-2, the
provisions of this Agreement are and shall be deemed severable.
b) The Grantee shall notify HCFC immediately of any claim or action undertaken by
or against it, which affects or may affect this Agreement or Agency, and shall take
such action with respect to the claim or action as is consistent with the terms of
this Agreement and the interests of Agency.
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Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2)
Standard Agreement
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1) All proceeds from any interest-bearing account established by the Grantee for the
deposit of HHAP-2 funds, along with any interest-bearing accounts opened
by subrecipients to the Grantee for the deposit of HHAP-2 funds, must be used for
HHAP-2-eligible activities and reported on as required by Agency.
2) Per Health and Safety Code Section 50220.5 (g), any housing-related activities
funded with HHAP-2 funds, including but not limited to emergency shelter, rapid-
rehousing, rental assistance, transitional housing and permanent supportive
housing, must be in compliance or otherwise aligned with the core components of
Housing First, as described in Welfare and Institutions Code section 8255,
subdivision (b). Individuals and families assisted with these funds must not be
required to receive treatment or perform any other prerequisite activities as a
condition for receiving shelter, housing, or other services for which these funds are
used. In addition, HHAP-2 funding shall be used to adopt a Housing First approach
within the entire local homelessness response system, including outreach and
emergency shelter, short-term interventions like rapid re-housing, and longer-term
interventions like supportive housing.
3) Grantee shall utilize its local Homeless Management Information System (HMIS) to
track HHAP-2-funded projects, services, and clients served. Grantee will ensure that
HMIS data are collected in accordance with applicable laws and in such a way as to
identify individual projects, services, and clients that are supported by HHAP-2
funding (e.g., by creating appropriate HHAP-2-specific funding sources and project
codes in HMIS).
4) Grantee shall participate in and provide data elements, including, but not limited to,
health information, in a manner consistent with federal law, to the statewide
Homeless Management Information System (known as the Homeless Data
Integration System or "HDIS"), in accordance with their existing Data Use
Agreement entered into with the Council, if any, and as required by Health and
Safety Code section 50220.6. Any health information provided to, or maintained
within, the statewide Homeless Management Information System shall not be
subject to public inspection or disclosure under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code). For purposes of this paragraph, "health information" means
protected health information," as defined in Part 160.103 of Title 45 of the Code of
Federal Regulations, and "medical information," as defined in subdivision 0) of
Section 56.05 of the Civil Code. The Council may, as required by operational
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necessity, amend or modify required data elements, disclosure formats, or
disclosure frequency.
5) Grantee shall include in their annual report and upon request from HCFC an update
on progress towards meeting goals provided within Section 4: HHAP Round 2 Goals
of the HHAP-2 application. Grantees will report on these goals in a manner and
format provided to Grantee by HCFC.
6) Grantee agrees to accept technical assistance as directed by HCFC or by a
contracted technical assistance provider acting on behalf of HCFC and report to
HCFC on programmatic changes the grantee will make as a result of the technical
assistance and in support of their grant goals.
7) Grantee agrees to demonstrate a commitment to racial equity and, per Section
50222 (a)(2)(B), the grantee shall use data provided through HDIS to analyze racial
disproportionality in homeless populations and, in partnership with HCFC, establish
clear metrics and performance monitoring for achieving equity in provision of
services and outcomes for Black, Native, and Indigenous, Latinx, Asian, Pacific
Islanders and other People of Color who are disproportionately impacted by
homelessness and COVID-19
8) Grantee should establish a mechanism for people with lived experience of
homelessness to have meaningful and purposeful opportunities to inform and shape
all levels of planning and implementation, including through opportunities to hire
people with lived experience.
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Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2)
Standard Agreement
EXHIBIT E
STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS
This exhibit is incorporated by reference and made part of this agreement, The General
Terms and Conditions (GTC 04/2017) can be viewed at the following link:
https://www dus ca.clov/-/media/Divisions/OLS/Resources/GTC-April-2017-
FINALapril2017 pdf?la=en&hash=3A64979F777D5B9D35309433EE81969FD69052D2
In the interpretation of this Agreement, any inconsistencies between the State of
California General Terms and Conditions (GTC - 04/2017) and the terms of this
Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and
its exhibits/attachments.
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EXHIBIT C
Exhibit C
SCO ID:
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES Agreemen t fib. 22-047
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITYNUMBER(If Applicable)
STD 213(Rev.04/2020) I 22-HHAP-10015 010725
1.This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Business,Consumer Services and Housing Agency
CONTRACTOR NAME
County of Fresno
2.The term of this Agreement is:
START DATE
9/1/2022
THROUGH END DATE
10/1/2026
3.The maximum amount of this Agreement is:
$1,682,630.50(One Million Six Hundred Eighty Two Thousand Six Hundred Thirty Dollars and Fifty Cents)
4.The parties agree to comply with the terms and conditions of the following exhibits,which are by this reference made a part of the Agreement.
Exhibits Title Pages
Exhibit A Authority, Purpose and Scope of Work 8
Exhibit B Budget Detail and Disbursement Provisions 2
Exhibit C Homeless Coordinating and Financing Council General Terms and Conditions 8
Exhibit D Special Terms and Conditions 2
Exhibit E State of California General Terms and Conditions 1
+ Exhibit F Standard Agreement to Apply 5
s s own withonastens ,are hereby inc—orporated by reference ond mode TOR 67 MIT-5—greementos if ottochedhereto.
These documents con be viewed of https.//www.das.co.aov/OLS/Resources
IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.)
County of Fresno
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
P.O.Box 1912 Fresno CA 93718
PRINTED NAME OF PERSON SIGNING TITLE
Brian Pacheco Chairman,County of Fresno Board of Supervisors
CONTRACT R A HORIZED SIGNATURE DATE SIGNED
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno, State of California
P,v _
Deputy
Page 1 of 2
SCO ID:
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NU MBER(If Applicable)
STD 213(Rev.04/2020) 22-HHAP-10015 I 010725
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Business,Consumer Services and Housing Agency
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
915 Capitol Mall,Suite 350-A Sacramento CA 95814
PRINTED NAME OF PERSON SIGNING TITLE
Lourdes Castro Ramirez Secretary
CONTRACTING A NCY AUTH IZED S NATURE DATE SIGNED
CALIFORfy A DEPART ENTOF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable)
Page 2 of 2
Fresno County
22-HHAP-10015
Page 1 of 26
Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement
Initial Disbursement Contract for Funds
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
1) Authority
The State of California has established the Homeless Housing, Assistance, and
Prevention Program Round 3 ("HHAP-3" or "Program") pursuant to Chapter 6
(commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety
Code. (Amended by Stats_ 2021, Ch. 111, Sec. 4. (AB 140) Effective July 19. 2021.)
The Program is administered by the California Homeless Coordinating and
Financing Council ("HCFC") in the Business, Consumer Services and Housing
Agency ("Agency"). HHAP-3 provides flexible block grant funds
to Continuums of :,are, large cities (population of 300,000+) and counties to Mild on
the regional coordination created through previous HCFC grant funding and support
local jurisdictions in their unified regional responses to reduce and end
homelessness.
This Standard Agreement/Initial Disbursement Contract for Funds along with all its
exhibits ("Agreement") is entered into by the Agency and a Continuum of
Care, a city, or a county ("Grantee") under the authority of, and in furtherance of the
purpose of, the Program, In signing this Agreement and thereby accepting this
award of funds, the Grantee agrees to comply with the terms and conditions of this
Agreement, the Standard Agreement to Apply signed and submitted by the Grantee
(Exhibit F): and the requirements appearing in the statutory authority for the Program
cited above.
2) Purpose
The general purpose of the Program is to continue to build on regional coordination
developed through previous rounds of funding of the Homelessness Emergency Aid
Program (Chapter 5 (commencing with Section 50210)), the program established
under this chapter, and COVID-19 funding to reduce homelessness. This funding
shall:
a) Continue to build regional collaboration between continuums of care. counties,
and cities in a given region, regardless of population, and ultimately be used to
develop a unified regional response to homelessness.
b) Be paired strategically with other local, state, and federal funds provided to
address homelessness in order to achieve maximum impact. Grantees of this
funding are encouraged to reference Puttinq the Funding Pieces Together: Guide
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to Strategic Uses of New and Recent State and Federal Funds to Prevent and
End Homelessness in their planning efforts
c) Be deployed with the goal of reducing the number of people experiencing
homelessness in a given region through investing in long-term solutions, such as
permanent housing.
d) Include the State as an integral partner through the provision of technical
assistance, sharing of best practices, and implementing an accountability
framework to guide the structure of current and future state investments.
In accordance with the authority cited above, a Standard Agreement to Apply was
submitted by the Grantee for the initial disbursement of HHAP-3 funds to oe
allocated to the Grantee pursuant to Health and Safety Code 50220.7(a)(4)(A),
3) Definitions
The following HHAP-3 program terms are defined in accordance with Health
and Safety Code section 50216, subdivisions (a) -- (r):
a) `Agency" means the Business. Consumer Services, and Housing Agency.
b) "Applicant" means a Continuum of Care, city, or county.
c) 'City" means a city or city and county that is legally incorporated to provide local
government services to its population. A city can be organized either under the
general laws of this state or under a charter adopted by the local voters.
d) "Continuum of Care" means the same as defined by the United States
Department of Housing and Urban Development at Section 578.3 of Title 24 of the
Code of Federal Regulations.
e) "Coordinated Entry System" means a centralized or coordinated process
developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations,
as that section read on January 10, 2019, designed to coordinate homelessness
program participant intake, assessment. and provision of referrals. In order to satisfy
this subdivision, a centralized or coordinated assessment system shall cover the
geographic area. be easily accessed by individuals and families seeking housing or
services, be well advertised, and include a comprehensive and standardized
assessment tool.
f) "Council" means the Homeless Coordinating and Financing Council created
pursuant to Section 8257 of the Welfare and Institutions Code_
g) "Emergency shelter" has the same meaning as defined in subdivision (e) of
Section 50801.
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h) "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the
Code of Federal Regulations, as that section read on January 10, 2019,
i) "Homeless Management Information System" means the information system
designated by a Continuum of Care to comply with federal reporting requirements as
defined in Section 578.3 of Title 24 of the Code of Federal Regulations_ The term
"Homeless Management Information System" also includes the use of a comparable
database by a victim services provider or legal services provider that is permitted by
the federal government under Part 576 of Title 24 of the Code of Federal
Regulations.
j) "Homeless point-in-time count" means the 2019 homeless point-in-time count
pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations. A
jurisdiction may elect to instead use their 2017 point-in-time count if they can
demonstrate that a significant methodology change occurred between the 2017 and
2019 point-in-time counts that was based on an attempt to more closely align the
count with HUD best practices and undertaken in consultation with HUD
representatives. A jurisdiction shall submit documentation of this to the agency by
the date by which HUD's certification of the 2019 homeless point-in-time count is
finalized. The agency shall review and approve or deny a request described in the
previous sentence along with a jurisdiction's application for homeless funding.
k) "Homeless youth' means an unaccompanied youth between 12 and 24 years of
age, inclusive, who is experiencing homelessness, as defined in subsection (2) of
Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C.
Sec. 11434a(2)). "Homeless youth" includes unaccompanied youth who are
pregnant or parenting.
1) "Housing First" has the same meaning as in Section 8255 of the Welfare and
Institutions Code, including all of the core components listed therein.
m) "Jurisdiction" means a city, city that is also a county, county, or Continuum of
Care, as defined i-i this section.
n) "Navigation center" means a Housing First, low-barrier, service-enriched shelter
focused on moving homeless individuals and families into permanent housing that
provides temporary living facilities while case managers connect individuals
experiencing homelessness to income, public benefits, health services, shelter, and
housing.
o) "Program" means the Homeless Housing, Assistance, and Prevention program
established pursuant to this chapter.
1) "Round 1" of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1, 2019.
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2) "Round 2" of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1, 2020.
3) "Round 3" of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1, 2021.
4) "Round 4" of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1, 2022.
p) "Program allocation" means the portion of program funds available to expand or
develop local capacity to address immediate homelessness challenges.
q) "Recipient" means a jurisdiction that receives funds from the agency for the
purposes of the program.
r) "Tribe" or "tribal applicant" means a federally recognized tribal government
pursuant to Section 4103 of Title 25 of the United States Code.
Additional definitions for the purposes of the HHAP-3 program:
"Obligate" means that the Grantee has placed orders, awarded contracts, received
services.. or entered into similar transactions that require payment using HHAP-3
funding. Grantees, and the subrecipients who receive awards from those Grantees,
must obligate the funds by the statutory deadlines set forth in this Exhibit A.
"Expended" means all HHAP-3 funds obligated under contract or subcontract have
been fully paid and receipted, and no invoices remain outstanding.
4) Scope of Work
The Scope of Work ("Work") for this Agreement shall include uses that
are consistent with Health and Safety Code (HSC) section 50218.6, subdivision (e),
and section 50220_7, subdivisions (a)(4)-(5) & (f), and any other applicable laws.
By accepting these funds, the Grantee acknowledges that this initial disbursement of
funds is a portion of their total allocation under the HHAP-3 Program, to be used
solely for the purposes outlined below, and that in order to receive the remaining
balance of its HHAP-3 program allocation, an applicant shall submit an application to
the council by June 30, 2022. that includes a local homelessness action plan and
specific outcome goals in accordance with the requirements laid out in HSC §
50220.7(b).
The Grantee may expend this initial disbursement of funds to complete the local
homelessness action plan, required by MSC § 50220.7(b)(3)(A), including paying for
any technical assistance or contracted entities to support the completion of the
homelessness action plan.
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For funds not spent on the Grantee's homelessness action plan, priority for these
initial funds shall be for systems improvement, including, but not limited to, all of the
following-
A) Capacity building and workforce development for service providers within the
jurisdiction, including removing barriers to contracting with culturally specific service
providers and building capacity of providers to administer culturally specific services.
B) Funding existing evidence-based programs serving people experiencing
homelessness.
C) Investing in dara systems to meet reporting requirements or strengthen the
recipient's Homeless Management Information System.
D) Improving homeless point-in-time counts.
E) Improving coordinated entry systems to eliminate racial bias or to create a youth-
specific coordinated entry system.
For any remaining funds not spent on the Grantee's homelessness action plan or
systems improvement, the Grantee shall expend funds on existing evidence-based
programs serving people experiencing homelessness among eligible populations.
including any of the following eligible uses:
a) Rapid rehousing, including rental subsidies and incentives to landlords. such as
security deposits and holding fees.
b) Operating subsidies in new and existing affordable or supportive housing units,
emergency shelters, and navigation centers. Operating subsidies may include
operating reserves.
c) Street outreach to assist persons experiencing homelessness to access
permanent housing and services.
d) Services coordination, which may include access to workforce, education, and
training programs, or other services needed to promote housing stability in
supportive housing.
e) Systems support for activities necessary to create regional partnerships and
maintain a homeless services and housing delivery system, particularly for
vulnerable populations including families and homeless youth.
f) Delivery of permanent housing and innovative housing solutions, such as hotel
and motel conversions.
g) Prevention and shelter diversion to permanent housing, including rental
subsidies.
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h) New navigation centers and emergency shelters based on demonstrated need.
Demonstrated need for purposes of this paragraph shall be based on the
following:
i) The number of available shelter beds in the city, county, or region served by a
Continuum of Care.
ii) The number of people experiencing unsheltered homelessness in the
homeless point-in-time count.
iii) Shelter vacancy rate in the summer and winter months_
iv) Percentage of exits from emergency shelters to permanent housing solutions.
v) A plan to connect residents to permanent housing.
vi) Any new interim sheltering funded by HHAP-3 funds must be low barrier,
comply with Housing First as provided in Chapter 6.5 (commencing with Section
8255) of Division 8 of the Welfare and Institutions Code, and prioritize
interventions other than congregate shelters.
i) Improvements to existing emergency shelters to lower barriers and increase
privacy.
In addition to the funding use requirements described above, the Grantee's
expenditure of its entire HHAP-3 allocation must also comply with the following:
a) At least 10 percent of the funds shall be spent on services for homeless youth
populations.
b) Not more than 7 percent of funds may be used for administrative costs incurred
by the city, county, or continuum of care to administer its program allocation. For
purposes of this Agreement, "administrative costs" does not include staff or other
costs directly related to implementing activities funded by the program allocation
5) Agency Contract Coordinator
The Agency's Contract Coordinator for this Agreement is the Council's Grant
Director or the Grant Director's designee. Unless otherwise instructed, any notice,
report, or other communication requiring an original Grantee signature for this
Agreement shall be mailed to the Agency Contract Coordinator. If there are
opportunities to send information electronically, Grantee will be notified via email by
the Council's Grant Director or the Grant Director's designee.
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The Representatives during the term of this Agreement will be:
PROGRAM GRANTEE
ENTITY: Business Consumer Services and County of Fresno
Housing Agency
SECTION/UNIT: Homeless Coordinating and
Financing Council (HCFC)
ADDRESS- 915 Capitol Mall Suite 350-A P.O. Box 1912 Fresno. CA 93718
Sacramento, CA, 95814
CONTRACT
COORDINATOR 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 HHAP Program's general email box at hhap@bcsh.ca.gov. The
Council reserves the right to change their representative and/or contact information
at any time with notice to the Grantee.
6) Effective Date. Term of Agreement, and Deadlines
a) This Agreement is effective upon approval by the Agency (indicated by the
signature provided by Agency in the lower left section of page one, Standard
Agreement, STD. 213), when signed by all parties.
b) This Agreement shall terminate on October 1, 2026, or upon delivery of the
HHAP-3 final report required by HSC § 50223(b), whichever is sooner.
c) Grantee shall submit an application for the remainder of their HHAP-3 allocation
by June 30, 2C22 in compliance with HSC § 50220.7(b).
d) Grantee shall report on the activities funded pursuant this Agreement in the first
expenditure report submitted to the Council after disbursement of the remaining
funds, as requ red by HSC §§ 50221 and 50223.
e) Grantees that are cities or continuums of care shall contractually obligate no less
than 50 percent of HHAP-3 funds by May 31, 2024. If less than 50 percent is
obligated after May 31 , 2024, continuums of care and cities shall not expend any
remaining portion of the 50 percent of program allocations required to -lave been
obligated unless and until both of the following occur:
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i) On or before June 30, 2024, the Grantee submits an alternative disbursement
plan to HCFC that includes an explanation for the delay.
ii) HCFC approves the alternative disbursement plan or provides the Grantee
with guidance on the revisions needed in order to approve the alternative
disbursement plan.
iii) If the funds identified in the approved alternative disbursement plan are
not fully expended by December 31, 2024, the funds shall be returned to the
HCFC to be allocated as bonus awards.
f) Grantees that are counties shall contractually obligate the full
allocation (100 percent) awarded to them by May 31, 2024. Any funds that are
not contractua ly obligated by this date shall be reverted to the Continuum of
Care that serves the county_ Specific to Los Angeles County, funds that are not
contractually obligated by this date shall be divided proportionately using the
HHAP-3 funding allocation formula among the four CoC's that serve Los Angeles
County- City cf Glendale CoC, City of Pasadena CoC, the City of Long
Beach CoC, and the Los Angeles Homeless Services Authority.
Counties not obligating their full program allocation by May 31, 2024 are required
to notify HCFC, on or before that date, of the name of the CoC(s) in which the
county is served, and the amount of program funds that will be reverted to
the CoC(s). By June 30. 2024, the county shall provide HCFC with evidence that
the funds were transferred and submit an updated budget that clearly identifies
the funds that were transferred.
g) Grantees that do not meet the expenditure deadlines in HSC § 50220.7(k) shalt
not be eligible for bonus funding.
h) HHAP-3 funds shall be expended by June 30, 2026
i) In accordance with Health and Safety Code section 50220.5, subdivision (1),
HCFC retains the right to require a corrective action plan of grantees that are not
on track to fully expend funds by the statutorily required deadline.
j) Any funds not expended by June 30. 2026 shall be available for round 4 of the
program pursuant to HSC § 50218.7,
7) Special Conditions
Agency reserves the right to add any special conditions to this Agreement it deems
necessary to ensure that the goals of the Program are achieved.
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Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement
EXHIBIT B
BUDGET DETAIL and DISBURSEMENT PROVISIONS
1) Budget Detail & Changes
The Grantee agrees that HHAP-3 funds shall be expended on uses that support
regional coordination and expand or develop local capacity to address immediate
homelessness challenges. Such activities must be informed by a best-practices
framework focused on moving people experiencing homelessness into permanent
housing and supporting the efforts of those individuals and families to maintain their
permanent housing.
The Grantee shall expend this initial disbursement of HHAP-3 funds on eligible
activities as detailed in Health and Safety Code Section 50220.7, subdivisions
(a)(4)(B), (a)(5), (e), and (f).
2) General Conditions Prior to Disbursement
All Grantees must submit the following forms prior to HHAP-3 funds being released:
• Request for Funds Form ("RFF")
• STD 213 Standard Agreement form and initialed Exhibits A through F
• STD 204 Payee Data Record or Government Agency Taxpayer ID Form
3) Disbursement of Funds
HHAP-3 funds wil� be disbursed to the Grantee upon receipt, review and approval of
the completed Standard Agreement and RFF by Agency, the Department of General
Services (DGS) and the State Controller's Office (SCO).
The RFF must include the proposed eligible uses and the amount of funds proposed
for expenditure under each eligible use. This initial disbursement of HHAP-3 funds
will be disbursed in one allocation via mailed check once the RFF has been received
by the SCO. Checks will be mailed to the address and contact name listed on the
RFF. Grantee agrees that in order to receive the remaining balance of the allocation
awarded to them pursuant HSC § 50218.6(a)(1). Grantee must submit an application
that meets the requirements of HSC § 50220.7(b) and this application must be
approved by HCK; prior to a second disbursement of funds. Additionally, Grantee
will be required to enter into a separate Standard Agreement in order to receive their
remaining allocation.
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4) Expenditure of Funds
This initial disbursement of HHAP-3 funds must be spent in accordance with HSC
sections 50218.6(e) and 50220.7, subdivisions (a)(4)(B), (a)(5), (e), and (0, as
described in Exhibit A, Section 4 "Scope of Work".
5) Ineligible Costs
HHAP-3 funds shall not be used for costs associated with activities in violation of
any law or for any activities not consistent with the intent of the Program and
the eligible uses identified in Health and Safety Code section 50220.7, subdivisions
(a)(4)(B), (a)(5), (e), and (�-
HCFC reserves the right to request additional clarifying information to determine the
reasonableness and eligibility of all uses of the funds made available by this
Agreement. If the Grantee or its funded subrecipients use HHAP-3 funds to pay
for ineligible activities, the Grantee shall be required to reimburse these funds
to Agency.
An expenditure which is not authorized by this Agreement, or by written approval of
the Grant Manager or his/her designee, or which cannot be adequately documented,
shall be disallowed and must be reimbursed to Agency by the Grantee.
HCFC, at its sole and absolute discretion, shall make the final determination
regarding the allowability of HHAP-3 fund expenditures.
Program funds shall not be used to supplant existing local funds for homeless
housing, assistance, or prevention.
Reimbursements are not permitted in HHAP-3 for any expenditures prior to the date
of execution of this Agreement.
i
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Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1) Termination and Sufficiency of Funds
a) Termination of Agreement
Agency may terminate this Agreement at any time for cause by giving a minimum
of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist
of violations of any conditions of this Agreement, any breach of contract as
described in paragraph 6 of this Exhibit C; violation of any federal or state laws;
or withdrawal of Agency's expenditure authority. Upon termination of this
Agreement, unless otherwise approved in writing by Agency, any unexpended
funds received by the Grantee shall be returned to Agency within 30 days
of Agency's notice of termination.
b) Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made
available to Agency by legislative appropriation. In addition, this Agreement is
subject to any additional restrictions, limitations or conditions, or statutes,
regulations or any other laws, whether federal or those of the State of California,
or of any agency, department, or any political subdivision of the federal or State
of California governments, which may affect the provisions, terms or funding of
this Agreement in any manner.
2) Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other
means, the rights. duties, or performance of this Agreement or any part thereof,
except as allowed within Exhibit C Section 12 (Special Conditions -- Grantees/Sub
Grantee) or with the prior written approval of HCFC and a formal amendment to this
Agreement to affect such subcontract or novation.
3) Grantee's Application for Funds
Pursuant to HSC § 50220.7(a)(1), Grantee is required to submit to HCFC an
application for the remainder of their HHAP-3 allocation to support regional
coordination and expand or develop local capacity to address its immediate
homelessness challenges.
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4) Reporting/Audits
a) Reporting Requirements
i) Activities funded under this Agreement shall be reported on in the first
expenditure report submitted to HCFC following the disbursement of the
remaining funds. If the Grantee fails to provide such documentation, HCFC
may recapture any portion of the amount authorized by this Agreement with a
14-day written notification.
ii) Grantee is also required to comply with the reporting requirements in HSC §
50221 and 50223, as applicable
b) Auditing
Agency reserves the right to perform or cause to be performed a financial audit.
At Agency request. the Grantee shall provide, at its own expense, a financial
audit prepared by a certified public accountant. HHAP-3 administrative funds
may be used to fund this expense Should an audit be required, the Grantee shall
adhere to the following conditions,
i) The audit shall be performed by an independent certified public accountant.
ii) The Grantee shall notify Agency of the auditor's name and address
immediately after the selection has been made. The contract for the audit
shall allow access by Agency to the independent auditor's working papers.
iii) The Grantee is responsible for the completion of audits and all costs of
preparing audits.
iv) If there are audit findings. the Grantee must submit a detailed response
acceptable to Agency for each audit finding within 90 days from the date of
the audit finding report.
5) Inspection and Retention of Records
a) Record Inspection
HCFC or its designee shall have the right to review, obtain, and copy all records
and supporting documentation pertaining to performance under this Agreement.
The Grantee agrees to provide HCFC, or its designee, with any relevant
information requested. The Grantee agrees to give HCFC or its designee access
to its premises, upon reasonable notice and during normal business hours, for
the purpose of interviewing employees who might reasonably have information
related to such records, and of inspecting and copying such books, records,
accounts, and other materials that may be relevant to
an investigation of compliance with the Homeless Housing, Assistance, and
Prevention Program laws, the HHAP-3 program guidance document published
on the website, and this Agreement.
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in accordance with Health and Safety Code section 50220.7. subdivision (m), if
upon inspection of records HCFC identifies noncompliance with grant
requirements. HCFC retains the right to impose a corrective action plan on the
Grantee.
b) Record Retention
The Grantee further agrees to retain all records described in subparagraph A for
a minimum period of five (5)years after the termination of this Agreement.
If any litigation, claim. negotiation, audit, monitoring, inspection or other action
has been commenced before the expiration of the required record retention
period, all records must be retained until completion of the action and resolution
of all issues which arise from it.
6) Breach and Remedies
a) Breach of Agreement
Breach of this Agreement includes. but is not limited to, the following events
i) Grantee's failure to comply with the terms or conditions of this Agreement.
ii) Use of, or permitting the use of, HHAP-3 funds provided under this
Agreement for any ineligible activities.
iii) Any failure to comply with the deadlines set forth in this Agreement.
b) Remedies for Breach of Agreement
In addition to any other remedies that may be available to Agency in law or equity
for breach of this Agreement, Agency may:
i) Bar the Grantee from applying for future HHAP funds;
!Ii) Revoke any other existing HHAP-3 award(s) to the Grantee;
iii) Require the return of any unexpended HHAP-3 funds disbursed under this
Agreement;
iv) Require repayment of HHAP-3 funds disbursed and expended under this
Agreement;
v) Require the immediate return to Agency of all funds derived from the use of
HHAP-3 funds
vi) Seek, in a court of competent jurisdiction, an order for specific performance of
the defaulted obligation or participation in the technical assistance n
accordance with HHAP-3 requirements.
c) All remedies available to Agency are cumulative and not exclusive_
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d) Agency may give written notice to the Grantee to cure the breach or
violation within a period of not less than 15 days.
7) Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior
or subsequent breach. The failure of Agency to enforce at any time the provisions of
this Agreement, or to require at any time, performance by the Grantee of these
provisions, shall in no way be construed to be a waiver of such provisions nor to
affect the validity of this Agreement or the right of Agency to enforce
these provisions.
8) Nondiscrimination
During the performance of this Agreement, Grantee and its subrecipients shall not
unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex (gender), sexual orientation, gender
identity, gender expression, race, color, ancestry. religion, creed, national origin
(including language use restriction), pregnancy, physical disability (including HIV and
AIDS), mental disability, medical condition (cancer/genetic characteristics), age
(over 40), genetic information, marital status, military and veteran status, and denial
of medical and family care leave or pregnancy disability leave. Grantees and Sub
grantees shall ensure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment.
Grantee and its subrecipients shall comply with the provisions of California's laws
against discriminatory practices relating to specific groups: the California Fair
Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations
promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the
provisions of Article 9.5. Chapter 1, Part 1, Division 3, Title 2 of the Government
Code (Gov. Code, §§ 11135 - 11139.5). Grantee and its subrecipients shall give
written notice of their obligations under this clause to labor organizations with which
they have a collective bargaining or other agreement.
9) Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. For
instance, Health and Safety Code section 50220.5, subdivision (i) states, " For
purposes of Section 1090 of the Government Code, a representative of a county
serving on a board, committee, or body with the primary purpose of administering
funds or making funding recommendations for applications pursuant to this chapter
shall have no financial interest in any contract, program, or project voted on by the
board, committee, or body on the basis of the receipt of compensation for holding
public office or public employment as a representative of the county."
Failure to complywith these laws, including business and financial disclosure
provisions, will result in the application being rejected and any subsequent contract
being declared void. Other legal action may also be taken. Additional applicable
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statutes include, but are not limited to, Government Code section 1090 and Public
Contract Code sections 10410 and 10411_
a) Current State Employees: No State officer or employee shall engage in any
employment, activity, or enterprise from which the officer or employee receives
compensation or has a financial interest, and which is sponsored or funded by
any State agency, unless the employment, activity, or enterprise is required as a
condition of regular State employment. No State officer or employee shall
contract on his or her own behalf as an independent Grantee with any State
agency to provide goods or services.
b) Former State Employees: For the two-year period from the date he or she left
State employment, no former State officer or employee may enter into a contract
in which he or she engaged in any of the negotiations, transactions, planning,
arrangements, or any part of the decision-making process relevant to the
contract while employed in any capacity by any State agency. For the twelve-
month period from the date he or she left State employment, no former State
officer or employee may enter into a contract with any State agency if he or she
was employed by that State agency in a policy-making position in the same
general subject area as the proposed contract within the twelve-month period
prior to his or her leaving State service.
c) Employees of the Grantee: Employees of the Grantee shall comply with all
applicable provisions of law pertaining to conflicts of interest, including but not
limited to any applicable conflict of interest provisions of the Political Reform
Act of 1974 (Gov. Code. § 81000 et seq.).
d) Representatives of a County: A representative of a county serving on a board,
committee, or body with the primary purpose of administering funds or making
funding recommendations for applications pursuant to this chapter shall have no
financial interest in any contract, program, or project voted on by the board,
committee, or oody on the basis of the receipt of compensation for holding public
office or public employment as a representative of the county.
10)Dru -Free Workplace Certification
Certification of Compliance. By signing this Agreement, Grantee hereby certifies,
under penalty of perjury under the laws of State of California, that it and its
subrecipients will comply with the requirements of the Drug-Free Workplace Act of
1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by
taking the following actions:
Publish a statement notifying employees and subrecipients that unlawful
manufacture distribution, dispensation, possession, or use of a controlled substance
is prohibited and specifying actions to be taken against employees, Grantees, or
subrecipients for violations, as required by Government Code section 8355,
subdivision (a)(1).
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a) Establish a Drug-Free Awareness Program, as required by Government Code
section 8355, subdivision (a)(2) to inform employees, Grantees, or
subrecipients about all of the following:
i) The dangers of drug abuse in the workplace;
ii) Grantee's policy of maintaining a drug-free workplace
iii) Any available counseling, rehabilitation, and employee assistance program;
and
iv) Penalties that may be imposed upon employees, Grantees, and
subrecipients for drug abuse violations.
b) Provide, as required by Government Code section 8355. subdivision (a)(3), that
every employee and/or subrecipient that works under this Agreement:
i) Will receive a copy of Grantee's drug-free policy statement, and
ii) Will agree to abide by terms of Grantee's condition of employment or
subcontract.
11)Child Support Compliance Act
For any Contract Agreement in excess of$100,000, the Grantee acknowledges in
accordance with Public Contract Code 7110, that:
a) The Grantee recognizes the importance of child and family support obligations
and shall fully comply with all applicable state and federal laws relating to child
and family support enforcement. including, but not limited to, disclosure of
information and compliance with earnings assignment orders, as provided in
Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family
Code; and
b) The Grantee, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
12)Special Conditions — GranteeslSubgrantee
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
4
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this Agreement and the applicable State requirements governing the use of HHAP-3
funds. Failure to comply with these conditions may result in termination of this
Agreement.
a) The Agreement between the Grantee and any Subgrantee shall require
the Grantee and its Subgrantees. if any, to-
i) Perform the work in accordance with Federal, State and Local housing and
building codes, as applicable.
ii) Maintain at least the minimum State-required worker's compensation for
those employees who will perform the work or any part of it.
iii) Maintain, as required by law, unemployment insurance, disability insurance,
and liability insurance in an amount that is reasonable to compensate any
person, firm or corporation who may be injured or damaged by the Grantee or
any Subgrantee in performing the Work or any part of it.
iv) Agree to include all the terms of this Agreement in each subcontract.
13)Com liance with State and Federal Laws Rules Guidelines and Regulations
The Grantee agrees to comply with all state and federal laws, rules and regulations
that pertain to construction, health and safety, labor, fair employment practices,
environmental protection, equal opportunity, fair housing, and all other matters
applicable and/or related to the HHAP-3 program, the Grantee, its subrecipients, and
all eligible activities.
Grantee shall also be responsible for obtaining any and all permits, licenses, and
approvals required for performing any activities under this Agreement. including
those necessary to perform design, construction, or operation and maintenance of
the activities Grantee shall be responsible for observing and complying with any
applicable federal, state, and local laws, rules or regulations affecting any such work,
specifically those including.. but not limited to, environmental protection,
procurement. and safety laws, rules, regulations, and ordinances. Grantee shall
provide copies of permits and approvals to HCFC upon request.
14)Inspections
a) Grantee shall inspect any work performed hereunder to ensure that the work is
being and has been performed in accordance with the applicable federal, state
and/or local requirements, and this Agreement
b) HCFC reserves the right to inspect any work performed hereunder to ensure that
the work is being and has been performed in accordance with the
applicable federal, state and/or local requirements, and this Agreement.
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c) Grantee agrees to require that all work that is determined based on such
inspections not to conform to the applicable requirements be corrected and to
withhold payments to the subrecipient until it is corrected.
15)Litigation
a) If any provision of this Agreement, or an underlying obligation, is held invalid by a
court of competent jurisdiction, such invalidity, at the sole discretion
of Agency, shall not affect any other provisions of this Agreement and the
remainder of this Agreement shall remain in full force and effect. Therefore, the
provisions of this Agreement are and shall be deemed severable.
b) The Grantee shall notify HCFC immediately of any claim or action undertaken by
or against it, which affects or may affect this Agreement or Agency, and shall take
such action with respect to the claim or action as is consistent with the terms of
this Agreement and the interests of Agency.
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Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1) All proceeds from any interest-bearing account established by the Grantee for the
deposit of HHAP-3 funds, along with any interest-bearing accounts opened
by subrecipients to the Grantee for the deposit of HHAP-3 funds. must be used for
HHAP-3-eligible activities and reported on as required by Agency.
2) Per Health and Safety Code Section 50220.7 (g), any housing-related activities
funded with HHAP-3 funds, including but not limited to emergency shelter (per HSC
§ 50220.7(e)(8)(F)). rapid-rehousing, rental assistance, transitional housing and
permanent supportive housing, must be in compliance or otherwise aligned with
the core components of Housing First, as described in Welfare and
Institutions Code section 8255, subdivision (b). Individuals and families assisted with
these funds must not be required to receive treatment or perform any other
prerequisite activities as a condition for receiving shelter, housing, or other services
for which these funds are used. In addition, HHAP-3 funding shall be used to adopt a
Housing First approach within the entire local homelessness response system,
including outreach and emergency shelter, short-term interventions like rapid re-
housing, and longer-term interventions like supportive housing.
3) Grantee shall utilize its local Homeless Management Information System (HMIS) to
track HHAP-3-funded projects, services. and clients served. Grantee will ensure that
HMIS data are collected in accordance with applicable laws and in such a way as to
identify individual projects, services, and clients that are supported by HHAP-3
funding (e.g., by creating appropriate HHAP-3-specific funding sources and project
codes in HMIS).
4) Grantee shall participate in and provide data elements, including, but not limited to,
health information, in a manner consistent with federal law, to the statewide
Homeless Management Information System (known as the Homeless Data
Integration System or "HDIS"), in accordance with their existing Data Use
Agreement entered into with the Council, if any, and as required by Health and
Safety Code section 50220.6. Any health information provided to, or maintained
within, the statewide Homeless Management Information System shall not be
subject to public inspection or disclosure under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code). For purposes of this paragraph, "health information" means
"protected health information," as defined in Part 160.103 of Title 45 of the Code of
Federal Regulations, and "medical information." as defined in subdivision 0) of
Section 56.05 of the Civil Code. The Council may, as required by operational
necessity, amend or modify required data elements, disclosure formats. or
disclosure frequency. Additionally, the Council, at its discretion, may provide
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22-HHAP-10015
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Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in
support of the Purpose of this Agreement and the existing Data Use Agreement.
5) Grantee agrees to accept technical assistance as directed by HCFC or by a
contracted technical assistance provider acting on behalf of HCFC and report to
HCFC on programmatic changes the grantee will make as a result of the technical
assistance and in support of their grant goals.
6) Grantee agrees to demonstrate a commitment to racial equity and, per Section
50222 (a)(2)(B), the grantee shall use data provided through HDIS to analyze racial
disproportionality in homeless populations and, in partnership with HCFC, establish
clear metrics and performance monitoring for achieving equity in provision of
services and outcomes for Black, Native, and Indigenous, Latinx, Asian, Pacific
Islanders and other People of Color who are disproportionately impacted by
homelessness and COVID-19.
7) Grantee should establish a mechanism for people with lived experience of
homelessness to have meaningful and purposeful opportunities to inform and shape
all levels of planning and implementation. including through opportunities to hire
people with lived experience,
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Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement
EXHIBIT E
STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS
This exhibit is incorporated by reference and made part of this agreement. The General
Terms and Conditions (GTC 04/2017) can be viewed at the following link:
htt s:i/www.d s,ca. ov/-/media/Divisions/OLS/Resources/GTC-A ril-2017-
FINALapril2017.pdf?la=en&hash=3A64979F777D569D35309433EE81969FD69052D2
In the interpretation of this Agreement, any inconsistencies between the State of
California General Terms and Conditions (GTC - 0412017) and the terms of this
Agreement and its exhibitsiattachments shall be resolved in favor of this Agreement and
its exhibits/attachments.
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Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement
EXHIBIT F
STANDARD AGREEMENT TO APPLY
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;22-IIHAP-10015
Business,Consumer Services and Housing Agency HOMELEss cOFj T O of 26
Its Gavin Newsom,Governor I Lourdes M.Castro Ramfrez,Secretary AND FINANCING Ut c1t
Agreement No 21-409
Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement to Apply
HHAP-3 funding s provided pursuant to Health & Safety Code 50220.7(a) and requires all eligible
applicants to submit this Standard Agreement to Apply no later than 5:00pm on October 15,2021. In this
agreement, applicants must indicate whether they intend to apply for HHAP-3 funding jointly w th on
overlapping jurisdiction or apply as an individual entity. For any eligible applicant who does not submit
an agreement by the deadline, HCFC may choose to re-allocate the applicant's allocation to on
overlapping jurisdiction'.
Eligible applicants applying jointly with an overlapping jurisdiction will designate one of the jointly
applying jurisdicfions as the Administrative Entity which will enter into contract with the HCFC to
administer the combined allocations of the joint applicants. Applicants may only apply jointly with a
Continuum of Care (CoC), large city, or county that serves an overlapping region.The Administrative
Entity is required to submit a binding resolution or agreement that designates a single Administrative
Entity for the combined oliocations and an explanation of how the jointly applying applicants will
administer the funds allocated to them pursuant to this section.This binding resolution or agreement
must be signed by the authorized representatives of all applicants and must be submitted with the
signed HHAP-3 Initial Disbursement Contract for Funding, separate from the Standard Agreement to
Apply,
By submitting this form, you agree to participate In the HHAP-3 application process as indicated below
and comply with all requirements as set forth In Health and Safety Code 50220.7.
APPLICATION SUBMISSION INFORMATION
ALL APPLICANTS:
Eligible Applicant Jurisdiction
❑Lcrge City: Z County: County of Fresno
❑ Continuum of Care: CoC Number:
Administrative Entity: County of Fresno
Contact Person: Laura Moreno
Title: program Manager
Contact Phone Number: 559-600-2335
Contact Email Address: Ihaga@fresnocountyca.g
Individual or Joint Application Designation:
0 will submit an Individual Cpplicofion for HHAP-3
funding
0 County of Fresno will submit a joint application for HHAP-3 funding
with the following overlapping jurisdiction(s):
'For the purposes of the HHAP program, overlapping jurisdictiors are eligible opoi;;cants that are loCatedwithin the
some geographic area as We local COC.
HHAP-3 Agreement to Apply 1
Published 9/15/2021
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22-H HAP-10015
Jurisdiction Name Applicant Type (County, 6J-tVEo
Fresno Madera Continuum of Care CoC
JOINT APPLICANTS ONLY:
Fund Disbursement/Contract Execution
The jointly applying jurisdictions designate the following jurisdiction as the Administrative Entity of the
total combined allocations and acknowledge that the Administrative Entity will enter into legcl
agreement with HCFC and receive any disbursements for which the jointly applying jurisdictions may be
deemed eligible.
Administrative Entity:
❑COC ❑Large City OCounfy
Name of Applicant: Courity of Fresno
Joint Applicants agree to the following:
I, Joint Applicants must designate a single Administrative Entity to receive the entire combined HHAP-
3 allocations.
2, The Administrative Entity must be a CoC, large city (if applicable). or county that serves tte some
region.
3. The Administrative Entity receiving allocations on behalf of joint applicants shall use the funds in the
jurisdic-ion(s) entitled to the funds or to provide regional housing or services that serve the
population living in each of the jurisdiction(s) entitled to the funds.
4. The Administrative Entity is responsible for complying with all program expenditure requirements and
deadlines for the total ::ombined allocations it is administering.
5. The Administrative Entity must enter into a binding resolution or agreement with joint applicants to
designate the Administrative Entity for the combined allocations which includes an explanation of
how the jointly applying applicants will administer the funds allocated to them. This binaing
resolution or agreement must be signed by authorized representatives and will be included with the
contract for funds.
6. The HHAP-3 ioint application will clearly identify the intended use of all the funds from eoch jointly
applying jurisdiction.
7. The HHAP-3 joint application will clearly describe in detail the coliaborotion between the jointly
opptying jurisdictions and an explanation of how the jointly applying jurisdictions will partner to meet
their program goals.
8. The performance goals set in the HHAP-3 joint application will be used to determine the jont
applicants' eligibility for future bonus funding.
HHAP-3 Agreement to Apply ` "t
Published 9/15/2021 ri
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HHAP-3 APPLICATION REQUIREMENTS
Application Requirements—ALL APPLICANTS:
By initialing below, the eigible applicant is) acknowledges their intent to participate in the HHAP-3
application process as follows:
the eligible oppliconi(s; will receive an Initial disbursement equaling no more than 20%(or 25%
for jo' ly applying applicants) of their total allocation if this Agreement to Participate is submir.ea by
5:00pm on October 15. 2021 Der HSC 50220.7(a)(4)(A)(ii).
Initial funds mcy be used to complete the local homeless oction plan, as required by HSC
50220, b)(3)(A), including paying for any technical assistance or contracted entities to s-;ppori tt e
Completion of the homelessness action plan.
- v_l As stated in HSC § 50220.7(a)(5), priority for initial funds, above the costs of completing the
home essness action plan, shall be for systems improvement,including, but not limited to,all of the
following:
(A) Capacity building and workforce development for service providers within the
jurisdiction, including removing barriers to contracting with culturally specific se vice
providers and building capacity of providers to administer culturally specific services.
(B) Funding existing evidence-based programs serving people experiencing
homelessness.
(C) Investing in data systems to meet reporiigg requirements or strengthen the recipient's
Homeless Management Information System.
(D) Imoroving homeless point-in-time courts.
(E) improving coordinated entry systems to eliminate racial bias or to create o yoLlh-
specific coordinated entry system.
To receive the remaining balance of its round 3 program allocation, an applicant shall submit
an a plication to the council by June 30, 2022,that includes a local homelessness action plan and
specific outcome goals in accordance with the requirements laid out in HSC § 50220.7(b).
The opplicant snall engage with the council on its local plan and outcome goals before
subm ng a complete application, per HSC § 50220.7(b)(1).
For city. county, and continuum of core aopliconts, local homelessness action plans pursuant
to S 50220.7(b)(3)(A)and outcome goals pursuant to HSC§ 50220.7(b)(3)(C) shall be ogericiized at
a regular meeting of the governing body, including receiving public comment, before being submitted
to the council, per HSC § 50220.7(b)(2).
-SS A complete application shall conform to the requirements laid out in HSC § 502K7(bj(3t.
FORM CONTINUES ON PAGE 4
HHAP•3 Agreement to Apply 3
Published 9/15/2021
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HHAP-3 GRANTEE AWARD DISBURSEMENT INFORMATION
ALL APPLICANTS:
Instructions: Please fill out the information below, which is needed to process your HHAP Round
3 (HHAP-3) initial award disbursement:
Administrative Entity/Contracting Agency Name
County of Fresno
Administrative Entity/Contracting Agency Business Address
P.O. Box 1912, Fresno, CA 93718
Contract Manager Name
Laura Moreno
Contract Manager Email Address
Ihaga@fresnoccuntyca_gov
Contract Manager Phone Number
559-600-2335
Award Check Mailing Address (Include "Attention to:" If applicable)
County of Fresno
P.O. Box 24055, Fresno, CA 93779
For grantees who have previously contracted with BCSH, in order to reduce the amount of
paperwork needed to process your HHAP-3 award, HCFC is offering the opportunity to use the
Tax ID Form (Government Taxpayer ID Form for governmental entities or STb 204 Form for non-
governmental entities) and/or Authorized Signatory Form currently on file with HCFC for
HHAP-3 award disbursements. You may revoke these authorizations by submitting on
updated Tax ID Form or Authorized Signatory Form to hha @bcsh.ca. ov.
Select one:
21 The information en the Tax ID Form used for the HHAP-2 award disbursement is accurate,
and I am authorizing HCFC to use the previously submitted form for the HHAP-3 iniriol
award disbursemert
❑I have included a new Tax ID Form for the initial HHAP-3 award disbursement
Select one:
❑✓ The information on the most recent Authorized Signatory Farm on file with HCFC is
accurate, and I am authorizing HCFC to use the form on file for HHAP-3
❑I have included c new authorized signatory form for HHAP-3
CERTIFICATION
I certify that the signature below is authorized to sign for all applicable documents for the HHAP•3 grant
on behalf of the Eligible Applicant Jurisdiction listed above,
ATTEST:
E.SEIDEL
Steve Brandau, Ch irman, County of Fresno Board of Supervisors C IM erkNoC he Board cf Supervisors
Nprne and Title I orized Representative County f Fresno.Sre of C 'fomia
By
�
Deputy
Signature o1 Authorized Representative Date
HHAP-3 Agreement to Apply 4
Published 9/15/2021
Initial
FOR ACCOUNTING USE ONLY:
SRF Org: 1132 Homeless Services
Fund: 0065
Subclass: 17237
Account: 3575-State Other
EXHIBIT D
Exhibit D
Insurance Requirements
1. Required Policies
Without limiting the County's right to obtain indemnification from the Subrecipient or any third
parties, Subrecipient, at its sole expense, shall maintain in full force and effect the following
insurance policies throughout the term of this Agreement.
(A) Commercial General Liability. Commercial general liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
Coverage must include products, completed operations, property damage, bodily injury,
personal injury, and advertising injury. The Subrecipient shall obtain an endorsement to
this policy naming the County of Fresno, its officers, agents, employees, and volunteers,
individually and collectively, as additional insureds, but only insofar as the operations
under this Agreement are concerned. Such coverage for additional insureds will apply as
primary insurance and any other insurance, or self-insurance, maintained by the County
is excess only and not contributing with insurance provided under the Subrecipient's
policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.
Coverage must include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of
the State of California with statutory limits.
(D) Employer's Liability. Employer's liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for disease.
If the Subrecipient is a governmental entity, it may satisfy the policy requirements above through
a program of self-insurance, including an insurance pooling arrangement or joint exercise of
powers agreement.
2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the Subrecipient signs this Agreement,
and at any time during the term of this Agreement as requested by the County's Risk
Manager or the County Administrative Office, the Subrecipient shall deliver, or cause its
broker or producer to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th
Floor, Fresno, California 93721, or HRRiskManagement@fresnocountyca.gov, and by
mail or email to the person identified to receive notices under this Agreement,
certificates of insurance and endorsements for all of the coverages required under this
Agreement.
(i) Each insurance certificate must state that: (1) the insurance coverage has been
obtained and is in full force; (2) the County, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and (3) the
Subrecipient has waived its right to recover from the County, its officers, agents,
employees, and volunteers any amounts paid under any insurance policy
D-1
Exhibit D
required by this Agreement and that waiver does not invalidate the insurance
policy.
(ii) The commercial general liability insurance certificate must also state, and include
an endorsement, that the County of Fresno, its officers, agents, employees, and
volunteers, individually and collectively, are additional insureds insofar as the
operations under this Agreement are concerned. The commercial general liability
insurance certificate must also state that the coverage shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the County
shall be excess only and not contributing with insurance provided under the
Subrecipient's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(B) Acceptability of Insurers. All insurance policies required under this Agreement must be
issued by admitted insurers licensed to do business in the State of California and
possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no
less than A: VI I.
(C) Notice of Cancellation or Change. For each insurance policy required under this
Agreement, the Subrecipient shall provide to the County, or ensure that the policy
requires the insurer to provide to the County, written notice of any cancellation or change
in the policy as required in this paragraph. For cancellation of the policy for nonpayment
of premium, the Subrecipient shall, or shall cause the insurer to, provide written notice to
the County not less than 10 days in advance of cancellation. For cancellation of the
policy for any other reason, and for any other change to the policy, the Subrecipient
shall, or shall cause the insurer to, provide written notice to the County not less than 30
days in advance of cancellation or change. The County in its sole discretion may
determine that the failure of the Subrecipient or its insurer to timely provide a written
notice required by this paragraph is a breach of this Agreement.
(D) County's Entitlement to Greater Coverage. If the Subrecipient has or obtains
insurance with broader coverage, higher limits, or both, than what is required under this
Agreement, then the County requires and is entitled to the broader coverage, higher
limits, or both. To that end, the Subrecipient shall deliver, or cause its broker or producer
to deliver, to the County's Risk Manager certificates of insurance and endorsements for
all of the coverages that have such broader coverage, higher limits, or both, as required
under this Agreement.
(E) Waiver of Subrogation. The Subrecipient waives any right to recover from the County,
its officers, agents, employees, and volunteers any amounts paid under the policy of
worker's compensation insurance required by this Agreement. The Subrecipient is solely
responsible to obtain any policy endorsement that may be necessary to accomplish that
waiver, but the Subrecipient's waiver of subrogation under this paragraph is effective
whether or not the Subrecipient obtains such an endorsement.
(F) County's Remedy for Subrecipient's Failure to Maintain. If the Subrecipient fails to
keep in effect at all times any insurance coverage required under this Agreement, the
County may, in addition to any other remedies it may have, suspend or terminate this
D-2
Exhibit D
Agreement upon the occurrence of that failure, or purchase such insurance coverage,
and charge the cost of that coverage to the Subrecipient. The County may offset such
charges against any amounts owed by the County to the Subrecipient under this
Agreement.
(G)Subcontractors. The Subrecipient shall require and verify that all subcontractors used
by the Subrecipient to provide services under this Agreement maintain insurance
meeting all insurance requirements provided in this Agreement. This paragraph does not
authorize the Subrecipient to provide services under this Agreement using
subcontractors.
D-3
EXHIBIT E
Exhibit E
Page 1 of 2
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
members of a contractor's board of directors (hereinafter referred to as "County Contractor"),
must disclose any self-dealing transactions that they are a party to while providing goods,
performing services, or both for the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in
which one or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name, job title (if applicable), and date this disclosure is being
made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to
the County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the
transaction; and
b. The nature of the material financial interest in the Corporation's transaction that
the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
Exhibit E
Page 1 of 2
(1) Company Board Member Information:
Name: Date:
Job
Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations
Code 5233 (a):
5 Authorized Signature
Signature: Date:
Approved as to Legal Form:
COUNTY COUNSEL
Digitally signed by.Amanda Savage
Amanda SavageDN.CN=Amanda Savage email=
avage@lozanosmilh.com C=US 0=
Lozano Smith
ByDate,2023,08,30 17:33.43-0700'
ACCOUNT NUMBERS:
CONTRACTING PARTIES:
COUNTY OF MADERA
COUNTY OF FRESNO
TITLE OF CONTRACT:
AGREEMENT