HomeMy WebLinkAboutAgreement A-23-510 with Housing Authority of the City of Fresno.pdf Agreement No. 23-510
1 AGREEMENT
2 THIS AGREEMENT is made and entered into this 19th 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 Housing Authority of the City of Fresno, a California public body corporate and politic
5 whose address is 1331 Fulton Street, Fresno, CA 93721, hereinafter referred to as "CONTRACTOR."
6 COUNTY and the CONTRACTOR may be referred to individually as a "Party" and collectively
7 as the "Parties."
8 RECITALS:
9 A. COUNTY continues to have a significant population of homeless and housing insecure families
10 in need of temporary housing and support services. DSS requires a qualified Contractor with a
11 suitable facility that can provide an apartment complex, property management and onsite security
12 services for this purpose.
13 B. COUNTY has partnered with CONTRACTOR for over forty (40) years to provide housing to
14 families referred by DSS and involved in DSS programs in need of temporary housing. COUNTY
15 desires to enter into an agreement with CONTRACTOR for exclusive use of the forty-two (42) unit
16 facility also known as Monte Vista Terrace at 1 N. Sherman Court, Fresno, CA 93701, to offer housing
17 to individuals and families experiencing a housing crisis. CONTRACTOR has the expertise and is
18 willing and able to provide the facility and services pursuant to the terms and conditions of this
19 Agreement and referenced in Exhibit A.
20 C. COUNTY, through DSS, has entered into agreements for Homeless Housing, Assistance and
21 Prevention (HHAP) grant funds awarded to COUNTY and the Fresno Madera Continuum of Care with
22 the State of California (Agreement No. 23-HHAP-10021 (Exhibit B), copies of which are attached and
23 incorporated herein by this reference. Services provided by CONTRACTOR under this Agreement
24 shall be funded with HHAP funding and, therefore, CONTRACTOR shall be aware of, agree to, and
25 comply with all State requirements governing the use of HHAP funds, and all conditions in Exhibit B.
26 Failure to comply with these requirements and conditions may result in termination of this Agreement
27 pursuant to Section Three (3) of this Agreement.
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1 D. The purpose of this Agreement is to provide stable housing to individuals and families in the
2 community as they develop a permanent housing plan and work to remove barriers to that plan.
3 CONTRACTOR will provide 42 units situated within Monte Vista Terrace for use by the FMCoC and will
4 provide property management services.
5 The parties therefore agree as follows:
6 1. CONTRACTOR'S SERVICES
7 CONTRACTOR shall perform all services as set forth in Exhibit A, Summary of Services,
8 attached hereto and incorporated herein by this reference.
9 CONTRACTOR shall provide specified services and activities pursuant to the program expenses
10 detailed in Exhibit C, Budget Summary, attached hereto and incorporated herein by this reference. The
11 services described in Exhibit A and Exhibit C shall be referred to collectively herein as the "Services".
12 CONTRACTOR represents that it is qualified, ready, willing, and able to perform all of the services
13 provided in this Agreement.
14 CONTRACTOR shall, at its own cost, comply with all applicable federal, state, and local laws
15 and regulations in the performance of its obligations under this Agreement, including but not limited to
16 workers compensation, labor, and confidentiality laws and regulations.
17 2. TERM
18 The term of this Agreement shall commence on September 19, 2023 through and including June
19 30, 2026. This Agreement may be extended for two (2) additional consecutive twelve (12) month periods
20 upon written approval of both parties no later than thirty (30) days prior to the first day of the next twelve
21 (12) month extension period. The Director of the Department of Social Services (DSS) or his or her
22 designee is authorized to execute such written approval on behalf of COUNTY based on
23 CONTRACTOR'S satisfactory performance. The extension of this Agreement by COUNTY is not a
24 waiver or compromise of any default or breach of this Agreement by CONTRACTOR existing at the time
25 of the extension whether or not known to COUNTY.
26 3. TERMINATION
27 A. Non-Allocation of Funds
28 The terms of this Agreement, and the services to be provided hereunder, are contingent on the
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1 approval of funds by the appropriating government agency. Should sufficient funds not be
2 allocated, the services provided may be modified, or this Agreement terminated, at any time by giving
3 the CONTRACTOR thirty (30) days advance written notice.
4 B. Breach of Contract
5 The COUNTY may suspend or terminate this Agreement in whole or in part, where in the
6 determination of the COUNTY there is a breach:
7 1) Obtained or used funds illegally or improperly;
8 2) A failure to comply with any term of this Agreement;
9 3) A substantially incorrect or incomplete report submitted to the COUNTY; or
10 4) Improperly performed any of its obligations under this Agreement.
11 Upon determining that a breach (as defined above) has occurred, COUNTY may give written
12 notice of the breach to CONTRACTOR. The written notice may suspend performance under this
13 Agreement, and must provide at least 30 days for CONTRACTOR to cure the breach.
14 If CONTRACTOR fails to cure the breach to COUNTY's satisfaction within the time stated in the
15 written notice, COUNTY may terminate this Agreement immediately.
16 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any
17 breach of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither
18 shall such payment impair or prejudice any remedy available to the COUNTY with respect to the breach
19 or default. The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the
20 COUNTY of any funds disbursed to the CONTRACTOR under this Agreement, which in the judgment of
21 the COUNTY were not expended in accordance with the terms of this Agreement. The CONTRACTOR
22 shall promptly refund any such funds upon demand.
23 Any termination of this Agreement by the COUNTY under this Section Three is without penalty to
24 or further obligation of the COUNTY. This Section Three survives the termination of this Agreement.
25 C. Without Cause
26 Under circumstances other than those set forth above, this Agreement may be terminated by
27 CONTRACTOR, COUNTY or COUNTY's DSS Director, or designee, upon the giving of thirty (30) days
28 advance written notice of an intention to terminate this Agreement.
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1 4. COMPENSATION
2 For actual services provided pursuant to the terms of this Agreement, COUNTY agrees to pay
3 CONTRACTOR and CONTRACTOR agrees to receive compensation in accordance with the Exhibit C,
4 Budget Summary.
5 In no event shall compensation paid for services performed under this Agreement be in excess of
6 three million, seven hundred seventy thousand, four hundred twenty and no/100 ($3,770,420) during the
7 term of this Agreement. For the period of September 19, 2023 through June 30, 2024, in no event shall
8 compensation paid for services performed under this agreement be in excess of four hundred ninety
9 thousand, two hundred sixty-four and no/100 dollars. ($490,264). For the period of July 1, 2024 through
10 June 30, 2025, in no event shall compensation paid for the services performed under this Agreement be in
11 excess of seven hundred sixty-five thousand, two hundred and no/100 ($765,200). For the period of July 1,
12 2025 through June 30, 2026, in no event shall compensation for these services performed under this
13 Agreement be in excess of eight hundred thousand, seven hundred three and no/100 ($800,703). For the
14 optional twelve (12) month extension for the period of July 1, 2026 through June 30, 2027, in no event shall
15 compensation paid for services performed under this Agreement be in excess of eight hundred thirty-seven
16 thousand, eight hundred sixteen and no/100 ($837,816). For the optional twelve (12) month extension for
17 the period of July 1, 2027 through June 30, 2028, in no event shall compensation paid for services
18 performed under this Agreement be in excess of eight hundred seventy-six thousand, four hundred thirty-
19 seven and no/100 ($876,437).
20 The Contractor is solely responsible for all of its costs and expenses that are not specified as
21 payable by the County under this Agreement. If CONTRACTOR should fail to comply with any provision of
22 the Agreement, COUNTY shall be relieved of its obligation for further compensation. Any compensation
23 which is not expended by CONTRACTOR pursuant to the terms and conditions of this Agreement shall
24 automatically revert to COUNTY.
25 CONTRACTOR acknowledges that COUNTY is a local government entity, and does so with notice
26 that the COUNTY's powers are limited by the California Constitution and by State law, and with notice that
27 CONTRACTOR may receive compensation under this Agreement only for services performed according to
28 the terms of this Agreement and while this Agreement is in effect, and subject to the maximum amount
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1 payable under this section. CONTRACTOR further acknowledges that COUNTY's employees have no
2 authority to pay CONTRACTOR except as expressly provided in this Agreement.
3 The services provided by the CONTRACTOR under this Agreement are funded in whole or in part
4 by the State of California and the United States Federal government. In the event that funding for these
5 services is delayed by the State Controller or the Federal government, COUNTY may defer payment to
6 CONTRACTOR. The amount of the deferred payment shall not exceed the amount of funding delayed to
7 the COUNTY. The period of time of the deferral by COUNTY shall not exceed the period of time of the
8 State Controller's or Federal government's delay of payment to COUNTY plus forty-five (45) days.
9 5. INVOICING
10 CONTRACTOR shall invoice COUNTY's DSS in arrears by the tenth (10t") of each month for
11 expenditures incurred and services rendered in the previous month to:
12 DSSlnvoices(a�fresnocountyca.gov. Payments by COUNTY's DSS shall be in arrears for actual services
13 provided during the preceding month, within forty-five (45) days after receipt, verification, and approval
14 of CONTRACTOR's invoices by COUNTY's DSS. A monthly activity report shall accompany the invoice,
15 reflecting services supported by the invoiced expenditures and be in a form and in such detail as
16 acceptable to the COUNTY's DSS. All final claims for funding shall be submitted by CONTRACTOR
17 within sixty (60) days following the final month of services. At the discretion of COUNTY's DSS Director
18 or his/her designee, COUNTY's DSS may deny payment of any invoice received more than sixty (60)
19 days following the final month of services.
20 At the discretion of COUNTY's DSS Director or designee, if an invoice is incorrect or is otherwise
21 not in proper form or detail, COUNTY's DSS Director or designee shall have the right to withhold
22 payment as to only that portion of the invoice that is incorrect or improper after five (5) days prior written
23 notice or email correspondence to CONTRACTOR. CONTRACTOR agrees to continue to provide
24 services for a period of ninety (90) days after written or email notification of an incorrect or improper
25 invoice. If after the ninety (90) day period the invoice has still not been corrected to COUNTY's DSS
26 satisfaction, COUNTY or COUNTY's DSS Director or designee may elect to terminate this Agreement,
27 pursuant to the termination provisions stated in Paragraph Three (3) of this Agreement.
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1 6. MODIFICATION
2 A. Minor changes to the Summary of Services, identified in this Agreement, may be
3 made with the mutual written approval of COUNTY's DSS Director or designee and CONTRACTOR.
4 Minor changes may include, but are not limited to changes that will not significantly alter the
5 responsibilities identified in Exhibit A. Any changes to the Services shall not result in any change to the
6 maximum compensation, unless agreed otherwise in writing by and among the Parties and approved by
7 each Party's respective boards.
8 B. Notwithstanding the above, changes to line items in Exhibit C, Budget Summary,
9 in an amount not to exceed 10% of the total maximum compensation payable to the contractor as
10 identified in Section Four (4) of this Agreement, may be made with the written approval of COUNTY's
11 DSS Director, or designee and CONTRACTOR. Budget line item changes shall not result in any
12 change to the total maximum compensation amount payable to CONTRACTOR, as stated herein.
13 C. CONTRACTOR agrees that reductions to the maximum compensation set forth in
14 Section Four (4) of this Agreement may be necessitated by a reduction in funding from State or Federal
15 sources. Any such reduction to the maximum compensation may be made with the written approval of
16 COUNTY's DSS Director or designee and CONTRACTOR. CONTRACTOR further understands that
17 this Agreement is subject to any restrictions, limitations, or enactments of all legislative bodies which
18 affect the provisions, term, or funding of this agreement in any manner. If the parties do not provide
19 written approval for modification due to reduced funding, this Agreement may be terminated in
20 accordance with Section 3.A. above.
21 7. INDEPENDENT CONTRACTOR
22 In performance of the work, duties and obligations assumed by CONTRACTOR under this
23 Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of the
24 CONTRACTOR'S officers, agents, and employees will at all times be acting and performing as an
25 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
26 employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no
27 right to control or supervise or direct the manner or method by which CONTRACTOR shall perform its
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1 work and function. However, COUNTY shall retain the right to verify that CONTRACTOR is performing
2 its obligations in accordance with the terms and conditions of this Agreement.
3 CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and
4 regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
5 Because of its status as an independent contractor, CONTRACTOR shall have absolutely no
6 right to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be
7 solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee
8 benefits. In addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all
9 matters relating to payment of CONTRACTOR'S employees, including compliance with Social Security
10 withholding and all other regulations governing such matters. It is acknowledged that during the term of
11 this Agreement, CONTRACTOR may be providing services to others unrelated to the COUNTY or to
12 this Agreement.
13 8. INDEMNITY AND DEFENSE
14 The Parties each agree to indemnify, save, hold harmless, and at the requesting Party's request,
15 defend the other Party, its members, partners commissioners, officers, agents, employees, and volunteers
16 from reasonable demands, injuries, damages, costs, and expenses (including attorney's fees and costs),
17 fines, penalties, liabilities, claims, and losses occurring or resulting to the requesting Party or any third
18 party that arise from or relate to the performance, or failure to perform, by the other Party, its members,
19 partners, commissioners, officers, agents, or employees, or subcontractors under this Agreement, and
20 from reasonable costs and expenses (including attorney's fees and costs), damages, liabilities, claims,
21 and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by
22 the performance, or failure to perform, of the other Party, its members, commissioners, officers, agents, or
23 employees under this Agreement. Each Party may conduct or participate in its own defense without
24 affecting the other Party's obligation to indemnify and hold harmless or defend the requesting Party.
25 The provisions of this Section Eight (8) shall survive termination of this Agreement.
26 9. INSURANCE
27 CONTRACTOR shall comply with the insurance requirements in Exhibit D to this Agreement.
28 10. ASSIGNMENT AND SUBCONTRACTS
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1 Neither party shall assign, transfer or subcontract this Agreement nor their rights or duties under
2 this Agreement without the prior written consent of the other party. Any transferee, assignee or
3 subcontractor will be subject to all applicable provisions of this Agreement, and all applicable State and
4 Federal regulations. CONTRACTOR shall be held primarily responsible by COUNTY for the
5 performance of any transferee, assignee or subcontractor unless otherwise expressly agreed to in
6 writing by COUNTY. The use of subcontractor by CONTRACTOR shall not entitle CONTRACTOR to
7 any additional compensation than is provided for under this Agreement.
8 11. CONFLICT OF INTEREST
9 No officer, employee or agent of the COUNTY who exercises any function or responsibility for
10 planning and carrying out of the services provided under this Agreement shall have any direct or indirect
11 personal financial interest in this Agreement. In addition, no employee of the COUNTY shall be
12 employed by the CONTRACTOR under this Agreement to fulfill any contractual obligations with the
13 COUNTY. The CONTRACTOR shall comply with all Federal, State of California and local conflict of
14 interest laws, statutes and regulations, which shall be applicable to all parties and beneficiaries under
15 this Agreement and any officer, employee or agent of the COUNTY.
16 12. DISCLOSURE OF SELF-DEALING TRANSACTIONS
17 This provision is only applicable if the CONTRACTOR is operating as a corporation or if during
18 the term of the agreement, the CONTRACTOR changes its status to operate as a corporation.
19 Members of the CONTRACTOR's Board of Directors shall disclose any self-dealing
20 transactions that they are a party to while CONTRACTOR is providing goods or performing services
21 under this agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR
22 is a party and in which one or more of its directors has a material financial interest. Members of the
23 Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and
24 signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit E and incorporated
25 herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing
26 transaction or immediately thereafter.
27 13. NON-DISCRIMINATION
28 During the performance of this Agreement, CONTRACTOR and its officers, employees, agents
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1 and subcontractors shall not unlawfully discriminate in violation of any Federal, State or local law, rule or
2 regulation against any employee or applicant for employment, or recipient of services under this
3 Agreement, because of age, ethnic group identification, sex, gender, gender identity, gender expression,
4 sexual orientation, color, physical disability, mental disability, medical condition, national origin, race,
5 ancestry, genetic information, marital status, religion, religious creed, military status, or veteran status.
6 A. Domestic Partners and Gender Identity
7 For State fund-funded contracts of$100,000 or more, CONTRACTOR certifies that it complies
8 with Public Contract Code Section 10295.3.
9 B. Americans with Disabilities Act
10 CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, which
11 prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines
12 issued pursuant to the ADA (42 U.S.C. 12101 et seq.)
13 C. CONTRACTOR shall include the non-discrimination and compliance provisions of this
14 section in all subcontracts to perform work under this Agreement.
15 14. LIMITED ENGLISH PROFICIENCY
16 CONTRACTOR shall provide interpreting and translation services to persons participating in
17 CONTRACTOR's services who have limited or no English language proficiency, including services to
18 persons who are deaf or blind. Interpreter and translation services shall be provided as necessary to
19 allow such participants meaningful access to the programs, services and benefits provided by
20 CONTRACTOR. Interpreter and translation services, including translation of CONTRACTOR's "vital
21 documents" (those documents that contain information that is critical for accessing CONTRACTOR's
22 services or are required by law) shall be provided to participants at no cost to the participant.
23 CONTRACTOR shall ensure that any employees, agents, subcontractors, or partners who interpret or
24 translate for a program participant, or who directly communicate with a program participant in a
25 language other than English, demonstrate proficiency in the participant's language and can effectively
26 communicate any specialized terms and concepts peculiar to CONTRACTOR's services.
27 15. CONFIDENTIALITY AND DATA SECURITY:
28 All services performed by CONTRACTOR under this Agreement shall be in strict conformance
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1 with all applicable Federal, State of California and/or local laws and regulations relating to
2 confidentiality.
3 For the purpose of preventing the potential loss, misappropriation or inadvertent disclosure of
4 COUNTY data including sensitive or personal client information; abuse of COUNTY resources; and/or
5 disruption to COUNTY operations, individuals and/or agencies that enter into a contractual relationship
6 with COUNTY for the purpose of providing services under this Agreement must employ adequate data
7 security measures to protect the confidential information provided to CONTRACTOR by COUNTY,
8 including but not limited to the following:
9 A. Contractor-Owned Mobile/Wireless/Handheld Devices may not be connected to
10 COUNTY networks via personally owned mobile, wireless or handheld devices, except when authorized
11 by COUNTY for telecommuting and then only if virus protection software currency agreements are in
12 place, and if a secure connection is used.
13 B. Contractor-Owned Computers or Computer Peripherals may not be brought into
14 COUNTY for use, including and not limited to mobile storage devices, without prior authorization from
15 COUNTY's Chief Information Officer or her designee. Data must be stored on a secure server approved
16 by COUNTY and transferred by means of a VPN (Virtual Private Network) connection, or another type of
17 secure connection of this type if any data is approved to be transferred.
18 C. County-Owned Computer Equipment— CONTRACTOR or anyone having an
19 employment relationship with COUNTY may not use COUNTY computers or computer peripherals on
20 non-COUNTY premises without prior authorization from COUNTY's Chief Information Officer or her
21 designee.
22 D. CONTRACTOR may not store COUNTY's private, confidential or sensitive data
23 on any hard-disk drive.
24 E. CONTRACTOR are responsible to employ strict controls to ensure the integrity
25 and security of COUNTY's confidential information and to prevent unauthorized access to data
26 maintained in computer files, program documentation, data processing systems, data files and data
27 processing equipment which stores or processes COUNTY data internally and externally.
28 F. Confidential client information transmitted to one party by the other by means of
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1 electronic transmissions must be encrypted according to Advanced Encryption Standards
2 (AES) of 128 BIT or higher. Additionally, a password or pass phrase must be utilized.
3 G. CONTRACTOR are responsible to immediately notify COUNTY of any breaches
4 or potential breaches of security related to COUNTY's confidential information, 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 or externally.
7 H. CONTRACTOR shall require its subcontractors to comply with the provisions of
8 this Data Security section.
9 16. CLEAN AIR AND WATER
10 In the event the funding under this Agreement exceeds One Hundred Fifty Thousand and
11 No/100 Dollars ($150,000.00), CONTRACTOR shall comply with all applicable standards, orders or
12 requirements issued under the Clean Air Act, as amended, 42 U.S. Code 7401 et seq., and the Federal
13 Water Pollution Control Act, 33 U.S. Code 1251 et seq. Under these laws and regulations,
14 CONTRACTOR shall:
15 A. Assure the COUNTY that no facility shall be utilized in the performance of this
16 Agreement that has been listed on the Environmental Protection Agency (EPA) list of Violating Facilities;
17 B. Notify COUNTY prior to execution of this Agreement of the receipt of any
18 communication from the Director, Office of Federal Activities, U.S. EPA indicating that a facility to be
19 utilized in the performance of this Agreement is under consideration to be listed on the EPA list of
20 Violating Facilities;
21 C. Report each violation of the above laws to COUNTY and understand and agree
22 that the COUNTY will, in turn, report each violation as required to assure notification to the Federal
23 Emergency Management Agency (FEMA) and the appropriate Environmental Protection Agency
24 Regional Office; and
25 D. Include these requirements in each subcontract exceeding $150,000 financed
26 in whole or in part with federal assistance.
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1 17. PROCUREMENT OF RECOVERED MATERIALS
2 In the performance of this Agreement, CONTRACTOR shall comply with section 6002 of the
3 Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
4 requirements of Section 6002 include procuring only items designated in guidelines of the
5 Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
6 recovered materials practicable, consistent with maintaining a satisfactory level of competition, where
7 the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
8 preceding fiscal year exceeded $10,000. For contracts meeting this threshold CONTRACTOR shall
9 make maximum use of products containing recovered materials that are EPA-designated items unless
10 the product cannot be acquired:
11 i. Competitively within a timeframe providing for compliance with the
12 contract performance schedule;
13 ii. Meeting contract performance requirements; or
14 iii. At a reasonable price.
15 18. DRUG-FREE WORKPLACE REQUIREMENTS
16 For purposes of this paragraph, CONTRACTOR will be referred to as the "grantee". By drawing
17 funds against this grant award, the grantee is providing the certification that is required by regulations
18 implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F. These regulations
19 require certification by grantees that they will maintain a drug-free workplace. False certification or
20 violation of the certification shall be grounds for suspension of payments, suspension or termination of
21 grants, or government wide suspension or debarment. CONTRACTOR shall also comply with the
22 requirements of the Drug-Free Workplace Act of 1990 (California Government Code section 8350 et
23 seq.).
24 19. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
25 VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS
26 A. COUNTY and CONTRACTOR recognize that CONTRACTOR is a recipient of
27 Federal assistance funds under the terms of this Agreement. By signing this Agreement,
28 CONTRACTOR agrees to comply with applicable Federal suspension and debarment regulations,
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1 including but not limited to: 7 CFR 3016.35, 29 CRF 97.35, 45 CFR 92.35, and Executive Order 12549.
2 By signing this Agreement, CONTRACTOR attests to the best of its knowledge and belief, that it and its
3 principals:
4 1) Are not presently debarred, suspended, proposed for debarment, declared
5 ineligible, or voluntarily excluded from participation in this transaction by any Federal department or
6 agency; and
7 2) Shall not knowingly enter into any lower tier covered transaction with an entity
8 or person who is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
9 excluded from participation in this transaction by any Federal department or agency.
10 B. CONTRACTOR shall provide immediate written notice to COUNTY if at any time
11 during the term of this Agreement CONTRACTOR learns that the representations it makes above were
12 erroneous when made or have become erroneous by reason of changed circumstances
13 C. CONTRACTOR shall include a clause titled "Certification Regarding Debarment,
14 Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transactions" and similar in
15 nature to this Paragraph Eighteen (18) in all lower tier covered transactions and in all solicitations for
16 lower tier covered transactions.
17 D. CONTRACTOR shall, prior to soliciting or purchasing goods and services in
18 excess of$25,000 funded by this Agreement, review and retain the proposed vendor's suspension and
19 debarment status at https:Hsam.gov/SAM/.
20 E. The certification in Paragraph Eighteen (18) of this Agreement is a material
21 representation of fact upon which COUNTY relied in entering into this Agreement.
22 20. GRIEVANCES
23 CONTRACTOR shall establish procedures for handling client complaints and/or grievances.
24 Such procedures will include provisions for informing clients of their rights to a State Hearing to resolve
25 such issues when appropriate.
26 21. PROHIBITION ON PUBLICITY
27 None of the funds, materials, property or services provided directly or indirectly under this
28 Agreement shall be used for CONTRACTOR's advertising, fundraising, or publicity (i.e., purchasing of
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1 tickets/tables, silent auction donations, etc.) for the purpose of self-promotion. Notwithstanding the
2 above, publicity of the services described in Paragraph One (1) of this Agreement shall be allowed as
3 necessary to raise public awareness about the availability of such specific services when approved in
4 advance by the Director or designee and at a cost as provided by CONTRACTOR in writing for such
5 items as written/printed materials, the use of media (i.e., radio, television, newspapers) and any other
6 related expense(s).
7 22. LOBBYING AND POLITICAL ACTIVITY
8 None of the funds provided under this Agreement shall be used for publicity, lobbying or
9 propaganda purposes designed to support or defeat legislation pending in the Congress of the United
10 States of America or the Legislature of the State of California.
11 CONTRACTOR shall not directly or indirectly use any of the funds under this Agreement for any
12 political activity or to further the election or defeat of any candidate for public office.
13 23. STATE ENERGY CONSERVATION
14 CONTRACTORS must comply with the mandatory standard and policies relating to energy
15 efficiency which are contained in the State Energy Conservation Plan issued in compliance with 42
16 United States (US) Code sections 6321, et. Seq.
17 24. FRATERNIZATION
18 CONTRACTOR shall establish procedures addressing fraternization between CONTRACTOR'S
19 staff and clients. Such procedures will include provisions for informing CONTRACTOR'S staff and
20 clients regarding fraternization guidelines.
21 25. INTERPRETATION OF LAWS AND REGULATIONS
22 COUNTY reserves the right to make final interpretations or clarifications on issues relating to
23 Federal and State laws and regulations, to ensure compliance.
24 26. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
25 CONTRACTOR, its officers, consultants, subcontractors, agents and employees shall comply
26 with all applicable State, Federal and local laws, regulations, and executive orders, as well as Federal
27 policies, procedures, and directives governing projects that utilize State and Federal Funds. This
28 includes laws, rules and regulations that pertain to construction, health and safety, labor, fair
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1 employment practices, environmental protection, equal opportunity, fair housing, and all other matters
2 applicable or related to CONTRACTOR's services, the CONTRACTOR, its subcontractors, and all
3 eligible activities.
4 CONTRACTOR shall be responsible for obtaining all permits, licenses, and approvals required
5 for performing any activities under this Agreement, including those necessary to perform design,
6 implementation, operation, and maintenance of the activities. CONTRACTOR shall be responsible for
7 observing and complying with any applicable federal, state, and local laws, rules, and regulations
8 affecting any such work, specifically those including, but not limited to, environmental protection,
9 procurement, and safety laws, rules, regulations, and ordinances. CONTRACTOR shall provide
10 copies of permits and approvals to COUNTY upon request.
11 27. CHARITABLE CHOICE
12 CONTRACTOR may not discriminate in their program delivery against a client or potential client
13 on the basis of religion or religious belief, a refusal to hold a religious belief, or a refusal to actively
14 participate in a religious practice. Any specifically religious activity or service made available to
15 individuals by the CONTRACTOR must be voluntary as well as separate in time and location from
16 County funded activities and services. CONTRACTOR shall inform COUNTY as to whether they are
17 faith-based. If CONTRACTOR identifies as faith-based, they must submit to DSS a copy of their policy
18 on referring individuals to alternate services to CONTRACTOR and include a copy of this policy in
19 their client admission forms. The policy must inform individuals that they may be referred to an
20 alternative provider if they object to the religious nature of the program and include a notice to DSS.
21 Adherence to this policy will be monitored during annual site reviews, and a review of client files. If
22 CONTRACTOR identifies as faith-based, by July 1 of each year CONTRACTOR will be required to
23 report to DSS the number of individuals who requested referrals to alternate providers based on
24 religious objection.
25 28. NO OBLIGATION BY FEDERAL GOVERNMENT
26 The Federal Government is not a party to this contract and is not subject to any obligations or
27 liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting
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1 from this Agreement.
2 29. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
3 CONTRACTOR acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False
4 Claims and Statements) applies to CONTRACTOR's actions pertaining to this contract.
5 30. RECORDS
6 A. Record Establishment and Maintenance
7 CONTRACTOR shall establish and maintain records in accordance with those
8 requirements prescribed by COUNTY, with respect to all matters covered by this Agreement.
9 CONTRACTOR shall retain all fiscal books, account records and client files for services performed
10 under this Agreement for at least five (5) years from date of final payment under this Agreement or until
11 all State and Federal audits are completed for that fiscal year, whichever is later.
12 B. Cost Documentation
13 1) CONTRACTOR shall submit to COUNTY within ten (10) calendar days
14 following the end of each month, all fiscal and program reports for that month. CONTRACTOR shall
15 also furnish to COUNTY such statements, records, data and information as COUNTY may request
16 pertaining to matters covered by this Agreement. In the event that CONTRACTOR fails to provide
17 reports as provided herein, it shall be deemed sufficient cause for COUNTY to withhold payments until
18 compliance is established.
19 2) All costs shall be supported by properly executed payrolls, time records,
20 invoices, vouchers, orders, or any other accounting documents pertaining in whole or in part to this
21 Agreement and they shall be clearly identified and readily accessible. The support documentation must
22 indicate the line budget account number to which the cost is charged.
23 3) COUNTY shall notify CONTRACTOR in writing within thirty (30) days of any
24 potential State or Federal audit exception discovered during an examination. Where findings indicate
25 that program requirements are not being met and State or Federal participation in this program may be
26 imperiled in the event that corrections are not accomplished by CONTRACTOR within thirty (30) days of
27 receipt of such notice from COUNTY, written notification thereof shall constitute COUNTY'S intent to
28 terminate this Agreement.
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1 C. Service Documentation
2 CONTRACTOR agrees to maintain records to verify services under this Agreement
3 including names and addresses of clients served, if applicable, and the dates of service and a
4 description of services provided on each occasion. These records and any other documents pertaining
5 in whole or in part to this Agreement shall be clearly identified and readily accessible.
6 31. PUBLIC RECORDS
7 The COUNTY is not limited in any manner with respect to its public disclosure of this
8 Agreement or any record or data that the CONTRACTOR may provide to the COUNTY. The COUNTY's
9 public disclosure of this Agreement or any record or data that the CONTRACTOR may provide to the
10 COUNTY may include but is not limited to the following:
11 A. The COUNTY may voluntarily, or upon request by any member of the public or
12 governmental agency, disclose this Agreement to the public or such governmental agency.
13 B. The COUNTY may voluntarily, or upon request by any member of the public or
14 governmental agency, disclose to the public or such governmental agency any record or data that the
15 Contractor may provide to the COUNTY, unless such disclosure is prohibited by court order.
16 C. This Agreement, and any record or data that the CONTRACTOR may provide to
17 the COUNTY, is subject to public disclosure under the Ralph M. Brown Act (California Government
18 Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
19 D. This Agreement, and any record or data that the CONTRACTOR may provide to
20 the COUNTY, is subject to public disclosure as a public record under the California Public Records Act
21 (California Government Code, Title 1, Division 7, Chapter 3.5, beginning with section 6250) ("CPRA").
22 E. This Agreement, and any record or data that the CONTRACTOR may provide to
23 the COUNTY, is subject to public disclosure as information concerning the conduct of the people's
24 business of the State of California under California Constitution, Article 1, section 3, subdivision (b).
25 F. Any marking of confidentiality or restricted access upon or otherwise made with
26 respect to any record or data that the Contractor may provide to the COUNTY shall be disregarded and
27 have no effect on the COUNTY's right or duty to disclose to the public or governmental agency any such
28 record or data.
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1 32. SINGLE AUDIT CLAUSE
2 If CONTRACTOR expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in
3 Federal and Federal flow-through monies annually, CONTRACTOR agrees to conduct an annual audit
4 in accordance with the requirements of the Single Audit Standards as set forth in Office of Management
5 and Budget (OMB) Title 2 of the Code of Federal Regulations Part 200. CONTRACTOR shall submit
6 said audit and management letter to COUNTY. The audit must include a statement of findings or a
7 statement that there were no findings. If there were negative findings, CONTRACTOR must include a
8 corrective action signed by an authorized individual. CONTRACTOR agrees to take action to correct any
9 material non-compliance or weakness found as a result of such audit. Such audit shall be delivered to
10 COUNTY's DSS, Administration, for review within nine (9) months of the end of any fiscal year in which
11 funds were expended and/or received for the program. Failure to perform the requisite audit functions as
12 required by this Agreement may result in COUNTY performing the necessary audit tasks, or at
13 COUNTY's option, contracting with a public accountant to perform said audit, or, may result in the
14 inability of COUNTY to enter into future agreements with CONTRACTOR. All audit costs related to this
15 Agreement are the sole responsibility of CONTRACTOR.
16 A. A single audit report is not applicable if all CONTRACTOR's Federal contracts do
17 not exceed the Seven Hundred Fifty Thousand Dollars ($750,000) requirement or CONTRACTOR's
18 funding is through Drug related Medi-Cal. If a single audit is not applicable, a program audit must be
19 performed and a program audit report with management letter shall be submitted by CONTRACTOR to
20 COUNTY as a minimum requirement to attest to CONTRACTOR's solvency. Said audit report shall be
21 delivered to COUNTY's DSS, Administration, for review no later than nine (9) months after the close of
22 the fiscal year in which the funds supplied through this Agreement are expended. Failure to comply with
23 this Act may result in COUNTY performing the necessary audit tasks or contracting with a qualified
24 accountant to perform said audit. All audit costs related to this Agreement are the sole responsibility of
25 CONTRACTOR who agrees to take corrective action to eliminate any material noncompliance or
26 weakness found as a result of such audit. Audit work performed by COUNTY under this paragraph shall
27 be billed to the CONTRACTOR at COUNTY cost, as determined by COUNTY's Auditor-
28 Controller/Treasurer-Tax Collector.
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1 B. CONTRACTOR shall make available all records and accounts for inspection by
2 COUNTY, the State of California, if applicable, the Comptroller General of the United States, the Federal
3 Grantor Agency, or any of their duly authorized representatives, at all reasonable times for a period of at
4 least three (3) years following final payment under this Agreement or the closure of all other pending
5 matters, whichever is later.
6 33. AUDITS AND INSPECTIONS
7 The CONTRACTOR shall at any time during business hours, and as often as the COUNTY may
8 deem necessary, make available to the COUNTY for examination all of its records and data with respect
9 to the matters covered by this Agreement, excluding attorney-client privileged communications. The
10 CONTRACTOR shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of
11 such records and data necessary to ensure CONTRACTOR'S compliance with the terms of this
12 Agreement.
13 If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject to
14 the examination and audit of the Auditor General for a period of three (3) years after final payment under
15 contract (California Government Code Section 8546.7). This section survives the termination of this
16 Agreement.
17 In addition, CONTRACTOR shall cooperate and participate with COUNTY's fiscal review
18 process and comply with all final determinations rendered by the COUNTY's fiscal review process. If
19 COUNTY reaches an adverse decision regarding CONTRACTOR's services to consumers, it may result
20 in the disallowance of payment for services rendered; or in additional controls to the delivery of services,
21 or in the termination of this Agreement, at the discretion of COUNTY's DSS Director or designee. If as a
22 result of COUNTY's fiscal review process a disallowance is discovered due to CONTRACTOR's
23 deficiency, CONTRACTOR shall be financially liable for the amount previously paid by COUNTY to
24 CONTRACTOR and this disallowance will be adjusted from CONTRACTOR's future payments, at the
25 discretion of COUNTY's DSS Director or designee. In addition, COUNTY shall have the sole discretion
26 in the determination of fiscal review outcomes, decisions, and actions.
27 34. CHILD SUPPORT COMPLIANCE ACT
28 If this Agreement includes State funding in excess of$100,000, the Contractor acknowledges in
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1 accordance with Public Contract Code 7110, that:
2 A. CONTRACTOR recognizes the importance of child and family support obligations
3 and shall fully comply with all applicable state and federal laws relating to child and family support
4 enforcement, including, but not limited to, disclosure of information and compliance with earnings
5 assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of
6 the Family Code; and
7 B. CONTRACTOR to the best of its knowledge is fully complying with the earnings
8 assignment orders of all employees and is providing the names of all new employees to the New Hire
9 Registry maintained by the California Employment Development Department.
10 35. PRIORITY HIRING CONSIDERATIONS
11 If this Agreement includes State funding and services in excess of$200,000, CONTRACTOR
12 shall give priority consideration in filling vacancies in positions funded by the Agreement to qualified
13 recipients of aid under Welfare and Institutions Code Section 11200, in accordance with Public Contract
14 Code Section 10353.
15 36. CONTRACTOR'S NAME CHANGE
16 An amendment, assignment, or new agreement is required to change the name of
17 CONTRACTOR as listed on this Agreement. Upon receipt of legal documentation of the name change
18 COUNTY will process the agreement. Payment of invoices presented with a new name cannot be paid
19 prior to approval of said agreement.
20 37. PROPERTY OF COUNTY
21 Any use of COUNTY funds provided under this Agreement, as specified in Exhibit B, for the
22 purchase of computer hardware, software, and printers must be approved by COUNTY prior to
23 purchase and must meet COUNTY specifications. CONTRACTOR agrees to take reasonable and
24 prudent steps to ensure the security of any and all said hardware and software provided to it by
25 COUNTY under this Agreement, and to maintain replacement-value insurance coverages on said
26 hardware and software approved by COUNTY.
27 In addition, all purchases over Five Thousand and No/100 Dollars ($5,000.00) made during the
28 life of this Agreement shall be identified as fixed assets with an assigned COUNTY Accounting Inventory
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1 Number. These fixed assets shall be retained by COUNTY, as COUNTY property, in the event this
2 Agreement is terminated or upon expiration of this Agreement. The CONTRACTOR agrees to
3 participate in an annual inventory of all COUNTY fixed assets and shall be physically present when fixed
4 assets are returned to COUNTY possession at the termination or expiration of this Agreement.
5 CONTRACTOR is responsible for returning to COUNTY all COUNTY owned fixed assets upon the
6 expiration or termination of this Agreement.
7 38. PUBLIC INFORMATION
8 CONTRACTOR shall disclose COUNTY as a funding source in all public information and
9 program materials developed in support of contracted services.
10 39. NOTICES
11 The persons and their addresses having authority to give and receive notices under this
12 Agreement include the following:
13 COUNTY CONTRACTOR
14 Director of Social Services, County of Fresno Chief Executive Officer
15 P.O. Box 1912 Housing Authority of the City of Fresno
16 Fresno, CA 93721 1331 Fulton Street
17 Fresno, CA 93712
18 Either party may change the information in this section by giving notice as provided in this section.
19 All notices between the COUNTY and CONTRACTOR provided for or permitted under this Agreement
20 must be in writing and delivered either by personal service, by first-class United States mail, or by an
21 overnight commercial courier service, by telephonic facsimile transmission, or by Portable Document
22 Format (PDF) document attached to an email. A notice delivered by personal service is effective upon
23 service to the recipient. A notice delivered by first-class United States mail is effective three COUNTY
24 business days after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice
25 delivered by an overnight commercial courier service is effective one COUNTY business day after deposit
26 with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next
27 day delivery, addressed to the recipient. A notice delivered by telephonic facsimile transmission or by PDF
28 document attached to an email is effective when transmission to the recipient is completed (but, if such
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1 transmission is completed outside of COUNTY's business hours, then such delivery is deemed to be
2 effective at the next beginning of a COUNTY business day), provided that the sender maintains a machine
3 record of the completed transmission. For all claims arising out of or related to this Agreement, nothing in
4 this section establishes, waives, or modifies any claims presentation requirements or procedures provided
5 by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government
6 Code, beginning with section 810).
7 40. CHANGE OF LEADERSHIP/MANAGEMENT
8 In the event of any change in the status of CONTRACTOR's leadership or management,
9 CONTRACTOR shall provide written notice to COUNTY within thirty (30) days from the date of change.
10 Such notification shall include any new leader or manager's name and address. "Leadership or
11 management" shall include any employee, member, or owner of CONTRACTOR who either a) directs
12 individuals providing services pursuant to this Agreement, b) exercises control over the manner in which
13 services are provided, or c) has authority over CONTRACTOR's finances.
14 41. NO THIRD PARY BENEFICIARIES
15 This Agreement does not and is not intended to create any rights or obligations for any person or
16 entity except for the parties.
17 42. AUTHORIZED SIGNATURE
18 CONTRACTOR represents and warrants to COUNTY that:
19 (A) CONTRACTOR is duly authorized and empowered to sign and perform its obligations
20 under this Agreement.
21 (B) The individual signing this Agreement on behalf of CONTRACTOR is duly authorized to
22 do so and his or her signature on this Agreement legally binds CONTRACTOR to the terms of this
23 Agreement.
24 43. ELECTRONIC SIGNATURE
25 The parties agree that this Agreement may be executed by electronic signature as provided in
26 this section. An "electronic signature" means any symbol or process intended by an individual signing
27 this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
28 version of an original handwritten signature; or (3) an electronically scanned and transmitted (for
-22-
1 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to
2 this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing
3 this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or
4 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of
5 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
6 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
7 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
8 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
9 through (5), and agrees that each other party may rely upon that representation. This Agreement is not
10 conditioned upon the parties conducting the transactions under it by electronic means and either party
11 may sign this Agreement with an original handwritten signature.
12 44. COUNTERPARTS
13 This Agreement may be signed in counterparts, each of which is an original, and all of which
14 together constitute this Agreement.
15 45. GOVERNING LAW, JURISDICTION, AND VENUE
16 The laws of the State of California govern all matters arising from or related to this Agreement.
17 This Agreement is signed and performed in Fresno County, California. CONTRACTOR consents to
18 California jurisdiction for actions arising from or related to this Agreement, and, subject to the
19 Government Claims Act, all such actions must be brought and maintained in Fresno County.
20 46. NO WAIVER
21 Payment, waiver, or discharge by COUNTY of any liability or obligation of CONTRACTOR under
22 this Agreement on any one or more occasions is not a waiver of performance of any continuing or other
23 obligation of CONTRACTOR and does not prohibit enforcement by COUNTY of any obligation on any
24 other occasion.
25 47. DISPUTES
26 In the event of any dispute, claim, question, or disagreement arising from or relating to this
27 agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute,
28 claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good
-23-
1 faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to
2 both parties. During this time, the parties will continue meeting their contract responsibilities. If the
3 parties do not reach such solution within a period of 60 days, then the parties may take whatever action
4 is available to them by law.
5 48. SEVERABILITY
6 If anything in this Agreement is found by a court of competent jurisdiction to be unlawful or
7 otherwise unenforceable, the balance of this Agreement remains in effect, and the parties shall make
8 best efforts to replace the unlawful or unenforceable part of this Agreement with lawful and enforceable
9 terms intended to accomplish the parties' original intent.
10 49. CONSTRUCTION
11 The final form of this Agreement is the result of the parties' combined efforts. If anything in this
12 Agreement is found by a court of competent jurisdiction to be ambiguous, that ambiguity shall not be
13 resolved by construing the terms of this Agreement against either party.
14 50. DAYS
15 Unless otherwise specified, "days" means calendar days.
16 51. ENTIRE AGREEMENT
17 This Agreement, including its exhibits, constitutes the entire agreement between the
18 CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous
19 negotiations, proposals, commitments, writings, advertisements, publications, and understanding of any
20 nature whatsoever unless expressly included in this Agreement. If there is any inconsistency between
21 the terms of this Agreement without its exhibits and the terms of the exhibits, then the inconsistency will
22 be resolved by giving precedence first to the terms of this Agreement without its exhibits, and then to the
23 terms of the exhibits.
24
25
26
27
28
-24-
10.24.2022 version
1 The parties are executing this Agreement on the date stated in the introductory clause.
2 CONTRACTOR: COUNTY OF FRESNO:
3 HOUSING AUTHORITY OF THE CITY OF
4 FRESNO _
al ui tero Chairman of the Board of
5 f :51111"rVibQuiof the County of Fresno
6 T cone F o erick Williams
r hief Executive Officer
7
ATTEST:
8 Bernice E. Seidel
9 Clerk of the Board of Supervisors
County of Fresno, State of California
10
11 By: 7&Adadik'.
Deputy
12
13
14 Mailing Address:
15 1331 Fulton Street
Fresno, CA 93721
16 Contact: Tracy Navarro, Senior Manager of Property Management
Phone No: (559)457-4189
17
18
FOR ACCOUNTING USE ONLY:
19 Fund/Subclass: 0001/10000
20 ORG No.: 56107114
Account No.:7870
21
22
23 SB:am
24
25
26
27
28
33411680/18621.0001 -25-
Exhibit A
Page 1 of 3
SUMMARY OF SERVICES
ORGANIZATION: Housing Authority of the City of Fresno
PROGRAM: Master Leased Housing at Monte Vista Terrace
ADDRESS: 1331 Fulton St, Fresno, CA 93721
SERVICE LOCATION: 1 N. Sherman Court, Fresno, CA 93701
CONTACT(S): Michael Duarte, Chief Real Estate Officer
Tracy Navarro, Senior Manager of Property Mgmt.
CONTRACT PERIOD: September 19, 2023—June 30, 2026
OPTIONAL EXTENSIONS: July 1, 2026—June 30, 2027
July 1, 2027—June 30, 2028
Housing Authority of the City of Fresno (Contractor) will provide a 42-unit apartment complex
(Monte Vista)with 9 one-bedroom units, 23 two-bedroom units, 9 three-bedroom units, and 1
four-bedroom unit for families referred through the Fresno Madera Continuum of Care (FMCoC)
Coordinated Entry System (CES). The Contractor will provide all property management services
at Monte Vista Terrace. The units will be made available by referral to clients through CES, in
need of stable, temporary housing while they work on developing a permanent housing plan
and work to remove barriers to that plan.
This master lease agreement will operate in conjunction with an on-site rapid rehousing
program provided by a provider selected by DSS. Rapid rehousing (RRH) is designed to assist
homeless families to quickly exit homelessness and return to permanent housing. The core
components of a rapid rehousing program are: 1) housing identification, 2) rent and move-in
assistance, and 3) case management. The households identified for the units will be matched
through the CES and referred to the Contractor by the RRH provider.
A. Contractor's Responsibilities
Contractor shall:
1. Effective September 19, 2023, make available a total of twenty-six (26) units at
the service location indicated above for the provision of rapid rehousing and
related services for families referred through the Fresno Madera Continuum of
Care (FMCoC) Coordinated Entry System.
2. Effective February 1, 2024, make available a total of forty-two (42) dwelling units
at the service location indicated above for the provision of rapid rehousing and
case management through the (FMCoC) CES.
3. Contractor will manage the day-to-day operations of the property which may
include, but not be limited to:
Exhibit A
Page 2 of 3
a. Providing onsite staff during regular business hours to respond to the needs
of the residents.
i. Provide maintenance services to the property as needed.
ii. Conduct move-in inspections.
iii. Conduct move-out inspections to determine work needed.
4. Develop and enter into month-to-month leases, license agreement or similar
agreement ("Household Agreement") with each household. Households will pay a
portion of their rent and utilities based on their income. The share of cost
calculation is to be determined by the RRH vendor and provided to the Contractor
for inclusion on the client Household Agreement. Contractor shall amend all
Household Agreements quarterly to accurately reflect each household's share of
cost. The County will be responsible for the remaining rent and utilities costs,
including uncollected rent and utilities costs, for each unit.
5. Provide on-site office space at no additional charge. The RRH service provider will
be located on site full-time, with DSS staff being on site occasionally.
6. Provide an on-site fee for service laundry facility available to all residents of the
apartment complex.
7. Security services will be mutually agreed upon by the Contractor and DSS and
charged according to the agreed upon service provision. Services are to be
reassessed and revisited quarterly by Contractor and DSS to determine the
appropriate level of services needed for the property.
a. For the first quarter of this agreement, Contractor shall provide security
services twenty-four (24) hours a day, seven (7) days a week to include a
security personnel on site from 9:00 pm to 4:00 am and from 4:00 am to 9:00
pm security will conduct five (5) walk through perimeter checks throughout
the day, as mutually agreed upon by DSS and Contractor. Services shall be
provided in this manner until reassessed periodically.
8. With the County's assistance, sign up for the Landlord Mitigation fund to pay for
excessive damages to units. The Landlord Mitigation Fund is funded by the County
and Fresno Madera Continuum of Care and is currently provided through RH
Community Builders.
a. The order of payment for excessive damages shall be client security
deposits, landlord mitigation fund, excessive damages fund.
9. Provide information on apartment availability, as mutually agreed upon with DSS
staff. Upon resident move out, units shall be turned over for the next resident as
expeditiously as possible, or as mutually agreed upon by both Contractor and
County. If a unit is uninhabitable or unavailable for occupancy for more than 21
business days, the rent for that unit shall be prorated by the number of days, after
the first 21 business days, that the unit is available for the month.
10. Meet with County staff monthly, or as often as needed, for service coordination,
problem/issue resolution, information sharing,training, and review and monitoring
of services.
Exhibit A
Page 3 of 3
11. Provide annual Civil Rights training to all staff that provide direct services to clients
at the beginning of every calendar year and provide verification of training
completion to DSS by April 1. DSS will provide documents needed for annual training
and reporting.
Contractor shall understand that the project is evolving. Contractor shall work closely with DSS
and the RRH provider to develop program guidelines and revise as needed.
B. County's Responsibilities
County shall:
1. Establish program admittance criteria and determine length of participant stay.
2. Manage incoming referrals for housing at Sierra Terrace and refer clients for
housing.
3. Work with the Contractor to reassess security services periodically and as needed to
determine the appropriate level of service needed at the property.
4. Work with the Contractor and rapid rehousing provider to develop program
guidelines and revise as needed.
5. Make unannounced inspections to determine Contractor's performance.
6. Conduct any housing inspections as required by Department programs.
7. Assign Rapid Rehousing staff to the project as necessary.
8. Meet with Contractor monthly, or as often as needed, for service coordination,
problem/issue resolution, information sharing,training, and review and monitoring
of services.
9. Provide documents needed for annual training and reporting to Contractor.
10. Assist Contractor to sign up for the Landlord Mitigation fund to pay for excessive
damages to units. The Landlord Mitigation Fund is funded by the County and Fresno
Madera Continuum of Care and is currently provided through RH Community
Builders.
11. The RRH vendor shall determine the share of costs of rent and utilities, which shall
be paid by participants and provide to the Contractor for inclusion on the client
Household Agreement.The RRH vendor shall provide desired changes to
participant shared costs on a quarterly basis or as needed to Contractor to amend
all Household Agreements accordingly. The County will be responsible for the
remaining rent and utilities costs, including uncollected rent and utilities costs, for
each occupied and vacant/available unit.
12. Ensure the RRH vendor utilizes the local Homeless Management Information
System (HMIS) to track HHAP-4 funded projects, services and clients served; and
participates in and provides data elements to the statewide Homeless
Management Information System (HDIS), in accordance with their existing Data
Use Agreement.
Exhibit B
SCO ID: Agreement No. 23-378
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable)
STD 213(Rev.04/2020) 23-HHAP-10021 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
Fresno County
2.The term of this Agreement is:
START DATE
Upon BCSH approval
THROUGH END DATE
12/31/2027
3.The maximum amount of this Agreement is:
$10,515,555.24(Ten Million Five Hundred Fifteen Thousand Five Hundred Fifty Five Dollars and Twenty Four 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 3
Exhibit C General Terms and Conditions 10
+ Exhibit D Special Terms and Conditions 2
+ Exhibit E State of California General Terms and Conditions 1
tem.s own with an astens ,are hereby incorporate y re erence and made part of this agreement as if attached ereto.
These documents can be viewed at https.//www.das.ca.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
Sal Quintero Chairman,County of Fresno Board of Supervisors
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
7/18/23
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno,State of California
Deputy
Page 1 of 2
SCO ID:
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER IIfApplicable)
STD 2)3(Rev.0412020) 23-HHAP-10021 010725
STATE OF CALIFORNIA
CONTRAC I ING AGENCY NAME
Business,Consumer Services and Housing Agency
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
500 Capitol Mall,Suite 1850 Sacramento CA 95814
PRINTED NAME OF PERSON SIGNING TITLE
Lourdes Castro Ramirez Secretary
CON I RACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable)
Page 2 of 2
County of Fresno
23-HHAP-10021
Page 1 of 24
Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4)
Standard Agreement
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 4 ("HHAP-4" or "Program") pursuant to Chapter 6
(commencing with Health and Safety Code (HSC) 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 Interagency Council on
Homelessness ("Cal ICH") in the Business. Consumer Services and Housing
Agency ("Agency"). HHAP-4 provides flexible block grant funds
to Continuums of Care, large cities (population of 300,000+) and counties to build on
the regional coordination created through previous Cal ICH grant funding and
support local jurisdictions in their unified regional responses to reduce and end
homelessness.
This Standard Agreement/Contract for Funds along with all its exhibits ("Agreement")
is entered into by Cal ICH 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, and the requirements
appearing in the statutory authority for the Program cited above.
2) Purpose
The general purpose of the Program is to (1) reduce homelessness by expanding or
developing local capacity to address immediate homelessness challenges informed
by a best-practices framework focused on moving homeless individuals and families
into permanent housing and supporting the efforts of those individuals and families
to maintain their permanent housing; and (2) continue to build on regional
coordination developed through previous rounds of HHAP funding (Chapter 6
(commencing with HSC section 50216).
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.
Initial Her
County of Fresno
23-HHAP-10021
Page 2 of 24
b) Be paired strategically with other local, state, and federal funds provided to
address homelessness in order to achieve maximum impact. Grantees of this
funding are encouraged to reference Putting the Funding Pieces Together Guide
to Strategic Uses of New and Recent State and Federal Funds to Prevent and
End Homelessness to assist in using funding strategically for their planning
efforts in the delivery of services to people experiencing homelessness in the
community.
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.
3) Definitions
The following HHAP-4 program terms are defined in accordance with Health
and Safety Code section 502.16, subdivisions (a) — (r):
a) "Agency" means the Business, Consumer Services. and Housing Agency.
b) "Applicant" means a Continuum of Care, city, county, or tribe.
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.
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f) "Council" means the California Interagency Council on Homelessness, formerly
known as the Homeless Coordinating and Financing Council created pursuant to
Section 8257 of the Welfare and Institutions Code.
g) "Emergency shelter' has the same meaning as defined in subdivision (e) of
Section 50801 .
h) "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the
Code of Federal Regulations, as that section read on January 10, 2019.
i) "Homeless Management Information System" means the 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 most recent point-in-time count that
requires a sheltered and unsheltered count pursuant to Section 578.3 of Title 24 of
the Code of Federal Regulations completed by all applicants.
k) "Homeless youth" means an unaccompanied youth between 12 and 24 years of
age, inclusive, who is experiencing homelessness, as defined in subsection (2) of
Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C.
Sec. 11434a(2)). "Homeless youth" includes unaccompanied youth who are
pregnant or parenting.
1) "Housing First" has the same meaning as in Section 8255 of the Welfare and
Institutions Code, including all of the core components listed therein.
m) "Jurisdiction" means a city, city that is also a county. county, or Continuum of
Care, as defined in this section.
n) "Navigation center" means a Housing First, low-barrier, service-enriched shelter
focused on moving homeless individuals and families into permanent housing that
provides temporary living facilities while case managers connect individuals
experiencing homelessness to income, public benefits, health services, shelter, and
housing.
o) "Program" means the Homeless Housing. Assistance, and Prevention program
established pursuant to this chapter.
1) "Round 1" of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1, 2019.
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2) "Round 2" of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1, 2020.
3) "Round 3" of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1, 2021.
4) "Round 4" of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1, 2022.
p) "Program allocation" means the portion of program funds available to expand or
develop local capacity to address immediate homelessness challenges.
q) "Recipient" means a jurisdiction that receives funds from the Cal ICH 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-4 program:
"Obligate" means that the Grantee has placed orders, awarded contracts, received
services, or entered into similar transactions that require payment using HHAP-4
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-4 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 section 50218.7, subdivision (e), and
section 50220.8. subdivisions (e), (f), and (g), and any other applicable laws.
The Grantee shall expend funds on 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.
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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.
h) Interim sheltering, limited to newly developed clinically enhanced congregate
shelters, new or existing noncongregate shelters, and operations of existing
navigation centers and 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-4 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 eligible uses described above, the Grantee's expenditure of its
entire HHAP-4 allocation must also comply with the following:
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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) Cal ICH Contract Coordinator
The Cal ICH's Contract Coordinator for this Agreement is the Councils 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 Cal ICH 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.
The Representatives during the term of this Agreement will be:
PROGRAM GRANTEE
Business Consumer Services and
ENTITY: County of Fresno
Housing Agency
SECTION/UNIT: California Interagency Council on
Homelessness (Cal ICH)
ADDRESS: 500 Capitol Mall Suite 1850 P.O. Box 1912
Sacramento, CA, 95814 Fresno, CA 93718
CONTRACT
COORDINATOR Jeannie McKendry Laura Moreno
PHONE NUMBER: (916) 510-9446 (559) 600-2335
EMAIL ADDRESS: Jeannie.McKendry@bcsh.ca.gov Ihaga@fresnocountyca.gov
All requests to update the Grantee information listed within this Agreement shall be
emailed to the Cal ICH Grants Division general email box at
calichgrants@bcsh.ca.gov. The Council reserves the right to change their
representative and/or contact information at any time with notice to the Grantee.
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6) Effective Date, Term of Agreement, and Deadlines
a) This Agreement is effective upon approval by Cal ICH (indicated by the signature
provided by Cal ICH in the lower left section of page one, Standard Agreement,
STD. 213), when signed by all parties. Funds will be disbursed in accordance
with Section 3 of Exhibit B.
b) This Agreement shall terminate on December 31, 2027.
c) A grantee shall contractually obligate no less than 75 percent and shall expend
no less than 50 percent of their initial (50 percent) HHAP-4 disbursement by
May 31, 2025. Upon demonstration by a grantee that it has complied with this
requirement and remains on track to meet its outcome goals, as determined by
the council pursuant to Health and Safety Code section 50223, the council shall
disburse to that recipient the remaining 50 percent of its total HHAP-4 allocation
pursuant to Health and Safety Code section 50218.7(a).
i) Grantee will demonstrate compliance with these requirements by completing
the certification documentation in the form and manner provided by the
council.
d) If a grantee has obligated less than 75 percent or expended less than 50 percent
of their initial (50 percent) HHAP-4 disbursement by May 31, 2025, the
grantee shall not contractually obligate or expend any remaining portion of its
round 4 initial program allocation, and the council shall not allocate to the
recipient the remaining 50 percent of its total allocation, unless both of the
following occur:
i) On or before June 30, 2025, the grantee submits an alternative disbursement
plan to Cal ICH that includes an explanation for the delay.
ii) Cal ICH approves the alternative disbursement plan.
If Cal ICH cannot approve an alternative disbursement plan, Cal ICH will provide
the grantee with guidance on the revisions needed in order to approve the
alternative disbursement plan.
If the funds identified in the approved alternative disbursement plan are not fully
expended by December 31, 2026. the funds shall be returned to the Cal ICH to
be allocated as bonus awards.
e) Grantees that do not meet the final expenditure deadlines in Health and Safety
Code section 50220.8(k) shall not be eligible for bonus funding.
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f) All HHAP-4 funds shall be expended by June 30, 2027.
g) In accordance with Health and Safety Code section 50220.8, subdivision (k),
Cal ICH 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.
h) Any funds not expended by June 30, 2027, including bonus funds, shall revert to
and be paid and deposited in, the General Fund pursuant to Health and Safety
Code section 50220.8(p).
i) The council may request additional information from applicants, as needed, to
meet other applicable reporting or audit requirements.
j) Bonus Funds: Health and Safety Code section 50220.8 mandates the following,
regarding a recipient's eligibility for Bonus Funding'.
i) Recipients that do not meet the obligation requirements laid out in Health and
Safety Code section 50220.8(k) shall not be eligible for bonus funding;
ii) Recipients shall demonstrate no later than June 30, 2025, whether they have
successfully met their outcome goals; and
iii) Jurisdictions that have not met their outcome goals shall not be eligible for
bonus funding and shall accept technical assistance from council staff. In
addition, jurisdictions that have not met their outcome goals may also be
required to limit allowable uses of program funds, as determined by the
Council.
iv) If recipient receives bonus funding, the bonus funds will be distributed as an
amendment to this contract. No additional contract will be executed.
7) Special Conditions
Cal ICH 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 4 (HHAP-4)
Standard Agreement
EXHIBIT B
BUDGET DETAIL and DISBURSEMENT PROVISIONS
1) Budget Detail & Changes
The Grantee agrees that HHAP-4 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 the HHAP-4 funds on eligible activities as detailed in
Health and Safety Code section 50218.7(e) and section 50220.8, subdivisions (e),
and (f).
2) General Conditions Prior to Disbursement
All Grantees must submit the following forms prior to HHAP-4 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
Initial Disbursement
Fifty percent of a grantee's HHAP-4 funds will be disbursed to the Grantee upon
receipt, review and approval of the completed Standard Agreement and RFF by
Cal ICH, 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. The Initial disbursement of HHAP-4 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.
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Remainder Disbursement
a) Cal ICH will disburse the remaining fifty percent of HHAP-4 funds upon
demonstration by a Grantee that it has complied with the requirement to
contractually obligate and expend a minimum amount of its round 4 program
allocation, as described below, and remains on track to meet its outcome goals,
as determined by the council pursuant to Section 50223.
i) A grantee shall contractually obligate no less than 75 percent and shall
expend no less than 50 percent of their initial (50 percent) HHAP-4
disbursement by May 31, 2025. Upon demonstration by a grantee that it has
complied with this requirement and remains on track to meet its outcome
goals, as determined by the council pursuant to Health and Safety Code
section 50223, the council shall disburse to that recipient the remaining 50
percent of its total HHAP-4 allocation pursuant to Health and Safety Code
section 50218.7(a).
b) If a grantee has obligated less than 75 percent or expended less than 50 percent
of their initial disbursement by May 31, 2025, the grantee shall not contractually
obligate or expend any remaining portion of its round 4 initial program allocation,
and the council shall not allocate to the recipient the remaining 50 percent of its
total allocation, unless both of the following occur.-
i) On or before June 30, 2025, the grantee submits an alternative disbursement
plan to Cal ICH that includes an explanation for the delay.
ii) Cal ICH approves the alternative disbursement plan. If Cal ICH cannot
approve an alternative disbursement plan, Cal ICH will provide the grantee
with guidance on the revisions needed in order to approve the alternative
disbursement plan.
4) If a Grantee is not on track to meet outcome goals, grantee must agree to receive
TA from Cal ICH to get back on track with the outcome goals before the Council
allocates the remaining 50 percent of a recipient's allocation.
Bonus Funds Disbursement
If a Grantee qualifies for Bonus Funds pursuant to the requirements laid out in
Health and Safety Code section 50220.7. Cal ICH will determine the amount of
Bonus Funds the Grantee is eligible for and will disburse these Bonus Funds to
the Grantee upon receipt, review and approval of the completed Amended Standard
Agreement and RFF by Cal ICH, 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. The Bonus Funds disbursement of
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HHAP-4 funds will be allocated in one disbursement 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.
5) Expenditure of Funds
All HHAP-4 funds must be spent in accordance with Health and Safety Code section
50218.7(e) and section 50220.8. subdivisions (e), and (0, and as described in
Exhibit A, Section 4 "Scope of Work".
6) Ineligible Costs
a) HHAP-4 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 8.
subdivisions (e), (0, and (g).
b) Cal ICH 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-4 funds to pay for ineligible activities, the Grantee shall be required to
reimburse these funds to Cal ICH.
c) 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 Cal ICH by the
Grantee.
Cal ICH, at its sole and absolute discretion, shall make the final determination
regarding the allowability of HHAP-4 fund expenditures.
d) Program funds shall not be used to supplant existing local funds for homeless
housing, assistance, or prevention. HHAP funds cannot replace local funds that
are committed to an existing or developing homeless assistance program.
However, if funds previously supporting a service or project end or are reduced
for reasons beyond the control of the grantee and services or housing capacity
will be lost as a result of these funds ending, HHAP funds may be used to
maintain the service or program. Examples include, but are not limited to, a time-
limited city and/or county tax or one-time block grant, such as HEAP.
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Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4)
Standard Agreement
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1) Termination and Sufficiency of Funds
a) Termination of Agreement
Cal ICH 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 Cal ICH's expenditure authority. Upon termination
of this Agreement, unless otherwise approved in writing by Cal ICH, any
unexpended funds received by the Grantee shall be returned to Cal ICH
within 30 days of Cal ICH's notice of termination.
b) Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made
available to Cal ICH 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 Cal ICH and a formal amendment to
this Agreement to affect such subcontract or novation.
3) Grantee's Application for Funds
Grantee has submitted to Cal ICH an application for HHAP-4 funds to support
regional coordination and expand or develop local capacity to address its immediate
homelessness challenges. Cal ICH 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
Budget Modification Request Process and are subject to approval by Cal ICH.
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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
Cal ICH approval, disbursement, or monitoring of the funding and the grants or
activities governed by this Agreement, then Cal ICH 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, 2024, and annually on that date thereafter until all funds have
been expended, the Grantee shall submit an annual report to Cal ICH in a
format provided by Cal ICH. Annual Reports will include a request for data on
expenditures and people served with HHAP-4 funding, details on specific
projects selected for the use of HHAP-4 funding, and data regarding the progress
towards outcome goals. If the Grantee fails to provide such documentation, Cal
ICH may recapture any portion of the amount authorized by this Agreement with
a 14-day written notification. No later than October 1, 2027, the Grantee shall
submit a final report, in a format provided by Cal ICH, as well as a detailed
explanation of all uses of the Program funds.
b) Quarterly Expenditure Reports
In addition to the annual reports, Cal ICH 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 Cal ICH on a form and method
provided by Cal ICH 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 Cal ICH
deems appropriate or necessary. If the Grantee fails to provide such
documentation, Cal ICH may recapture any portion of the amount authorized by
this Agreement with a 14-day written notification.
c) Reporting Requirements
i) Annual Report. The annual report shall contain detailed information in
accordance with Health and Safety Code section 50223, subdivision (a).
This information includes the following, as well as any additional information
deemed appropriate or necessary by Cal ICH:
(1) Data collection shall include, but not be limited to, information regarding
individuals and families served, including demographic information,
information regarding partnerships among entities or lack thereof, and
participant and regional outcomes.
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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.
Data shall include progress towards meeting the grantee's outcome goals.
If significant progress toward outcome goals has not been made, the
applicant shall:
(a) Submit a description of barriers and possible solutions to meet those
barriers
(b) Accept technical assistance from Cal ICH
(c) Include the progress towards outcome goals in all subsequent
quarterly reports, until significant progress is made as deemed by Cal
ICH
ii) Expenditure Report: The expenditure report shall contain data on
expenditures of HHAP-4 funding including but not limited to obligated funds,
expended funds, and other funds derived from HHAP-4 funding.
iii) Final Expenditure Plan: During the final fiscal year of reporting. grantees may
be required to include a plan to fully expend HHAP-4 grant funding. This plan
must be submitted with the quarterly expenditure report in a format to be
provided by Cal ICH.
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iv) Grantees or their subcontractors must report client data into their local
Homeless Management Information Systems (HMIS) pursuant to the
requirements of Assembly Bill (AB) 977 (Chapter 397, Statutes of 2021)
v) Cal ICH may require additional supplemental reporting with written notice to
the Grantee.
vi) Grantee may. at their discretion, fully expend their HHAP-4 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
Cal ICH reserves the right to perform or cause to be performed a financial audit.
At Cal ICH request, the Grantee shall provide, at its own expense, a financial
audit prepared by a certified public accountant. HHAP-4 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 Cal ICH of the auditor's name and address
immediately after the selection has been made. The contract for the audit
shall allow access by Cal ICH 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 Cal ICH for each audit finding within 90 days from the date of
the audit finding report.
5) Inspection and Retention of Records
a) Record Inspection
Cal ICH 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 Cal ICH, or its designee, with any
relevant information requested. The Grantee agrees to give Cal ICH 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
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Prevention Program laws, the HHAP-4 program guidance document published
on the website. and this Agreement.
In accordance with Health and Safety Code section 50220.8, subdivision (m), if
upon inspection of records Cal ICH identifies noncompliance with grant
requirements. Cal ICH 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.
c) Public Records Act
The grantees' final HHAP-4 application, this contract, and other documents
related to the grant are considered public records, which are available for public
viewing pursuant to the California Public Records Act.
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-4 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 Cal ICH in law or
equity for breach of this Agreement, Cal ICH may:
i) Bar the Grantee from applying for future HHAP funds;
ii) Revoke any other existing HHAP-4 award(s) to the Grantee;
iii) Require the return of any unexpended HHAP-4 funds disbursed under this
Agreement;
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iv) Require repayment of HHAP-4 funds disbursed and expended under this
Agreement;
v) Require the immediate return to Cal ICH of all funds derived from the use of
HHAP-4 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-4 requirements.
c) All remedies available to Cal ICH are cumulative and not exclusive.
d) Cal ICH 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 Cal ICH 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 Cal ICH 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.
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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
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,
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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, section 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
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:
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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 Cal ICH 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-4
funds. Failure to comply with these conditions may result in termination of this
Agreement.
a) The Agreement between the Grantee and any Subgrantee shall require
the Grantee and its Subgrantees, if any. to:
i) Perform the work in accordance with Federal, State and Local housing and
building codes, as applicable.
ii) Maintain at least the minimum State-required worker's compensation for
those employees who will perform the work or any part of it.
iii) Maintain, as required by law, unemployment insurance, disability insurance.
and liability insurance in an amount that is reasonable to compensate any
person, firm or corporation who may be injured or damaged by the Grantee or
any Subgrantee in performing the Work or any part of it.
iv) Agree to include all the terms of this Agreement in each subcontract.
13) Compliance with State and Federal Laws, Rules, Guidelines and Regulations
The Grantee agrees to comply with all state and federal laws, rules and regulations
that pertain to construction, health and safety, labor, fair employment practices,
environmental protection, equal opportunity, fair housing, and all other matters
applicable and/or related to the HHAP-4 program. the Grantee. its subrecipients. and
all eligible activities.
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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 Cal ICH 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) Cal ICH 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 Cal
ICH. shall not affect any other provisions of this Agreement and the Initial 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 Cal ICH immediately of any claim or action undertaken
by or against it, which affects or may affect this Agreement or Cal ICH, 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 Cal ICH.
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Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4)
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-4 funds, along with any interest-bearing accounts opened
by subrecipients to the Grantee for the deposit of HHAP-4 funds, must be used for
HHAP-4-eligible activities and reported on as required by Cal ICH.
2) Per Health and Safety Code section 50220.8 (g), any housing-related activities
funded with HHAP-4 funds, including but not limited to emergency shelter (per
Health and Safety Code section 50220.8(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-4 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-4-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-4
funding (e.g., by creating appropriate HHAP-4-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 and Welfare and Institutions Code section 8256. 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
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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 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 Cal ICH or by a
contracted technical assistance provider acting on behalf of Cal ICH and report to
Cal ICH 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 Health and
Safety Code section 50222 (a)(2)(B), the grantee shall use data provided through
HDIS to analyze racial disproportionality in homeless populations and, in partnership
with Cal ICH, 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 4 (HHAP-4)
Standard Agreement
EXHIBIT E
STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS
This exhibit is incorporated by reference and made part of this agreement. The General
Terms and Conditions (GTC 04/2017) can be viewed at the following link:
https://www dgs ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-
FINALapril2017 pdf?la=en&hash=3A64979F777D5B9D35309433EE81969FD69052D2
In the interpretation of this Agreement, any inconsistencies between the State of
California General Terms and Conditions (GTC - 04/2017) and the terms of this
Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and
its exhibits/attachments.
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FOR ACCOUNTING USE ONLY:
SRF Org: 1132 Homeless Services
Fund:0065
Subclass: 17237
Account: 3575-State Other
Exhibit C
Page 1 of 6
Fresno Housing Authority Budget Summary
Monte Vista Master Lease
1 N. Sherman Court
Fresno, CA 93701
Includes Prorated Rates and Monthlyl Rates Per Contract Term
September 19, 2023 through June 30, 2024
Maximum Compensation: $490,264
September 19, 2023 to September 30, 2023
26 Units
Maximum Compensation for Rent: $12,970
Bed Room Total #of Total Prorated
Size units Cost per unit Cost
1 bdrm 4 $390 $1,560
2 bdrm 16 $500 $8,000
3 bdrm 5 $560 $2,800
4 bdrm 1 1 $610 $610
Subtotal $12,970
October 1, 2023 to January 31, 2024
26 Units
Maximum Compensation for Rent: $129,700
Bed Room Total# Cost per Monthly Total 4 Month
Size of units unit Total Period
1 bdrm 4 $975 $3,900 $15,600
2 bdrm 16 $1,250 $20,000 $80,000
3 bdrm 5 $1,400 $7,000 $28,000
4 bdrm 1 $1,525 $1,525 $6,100
Subtotal $129,700.00
• Client payments toward rent and utilities will be reduced from the overall amount billed to the
County.
Exhibit C
Page 2of6
February 1, 2024 to June 30, 2024
42 Units
Maximum Compensation for Rent: $258,250
Bed Room Total# Cost per Monthly Total 5 Month
Size of units unit Total Period
1 bdrm 9 $975 $8,775 $43,875
2 bdrm 23 $1,250 $28,750 $143,750
3 bdrm 9 $1,400 $12,600 $63,000
4 bdrm 1 1 $1,525 $1,525 $7,625
Subtotal $258,250
September 19, 2023 to June 30, 2024
Maximum Compensation for Additonal Costs: $89,344
Additional Cost September 19, 2023 to June 30, 2024
Legal Costs $3,760
Utilities $16,667
Security Services I $52,250
Excessive Damages $16,667
Subtotal $89,344
Exhibit C
Page 3 of 6
Fresno Housing Authority Budget Summary
Monte Vista Master Lease
1 N. Sherman Court
Fresno, CA 93701
July 1, 2024 to June 30, 2025
42 Units
Maximum Compensation: $765,200
Bed Room Total#of Cost per Monthly Total Annual
Size units unit Total Cost
1 bdrm 9 $1,024 $9,216 $110,592
2 bdrm 23 $1,313 $30,199 $362,388
3 bdrm 9 $1,470 $13,230 $158,760
4 bdrm 1 $1,601 $1,601 $19,212
Subtotal $650,952
Additional Cost Total Annual
Cost
Legal Costs I $4,944
Utilities $20,000
Security Services $68,704
Excessive Damages $20,600
Subtotal $114,248
Total Maximum Cost $765,200
Client payments toward rent and utilities will be reduced from the overall amount billed to the County.
Exhibit C
Page 4 of 6
Fresno Housing Authority Budget Summary
Monte Vista Master Lease
1 N. Sherman Court
Fresno, CA 93701
July 1, 2025 to June 30, 2026
42 Units
Maximum Compensation: $800,703
Bed Room Total#of Cost per Monthly Total Annual
Size units unit Total Cost
1 bdrm 9 $1,075 $9,675 $116,100
2 bdrm 23 $1,379 $31,717 $380,604
3 bdrm 9 $1,544 $13,896 $166,752
4 bdrm 1 $1,681 $1,681 $20,172
Subtotal $683,628
Additional Cost Total Annual
Cost
Legal Costs $5,092
Utilities $20,000
Security Services $70,765
Excessive Damages $21,218
Subtotal $117,075
Total Maximum Cost $800,703
Client payments toward rent and utilities will be reduced from the overall amount billed to the County.
Exhibit C
Page 5 of 6
Fresno Housing Authority Budget Summary
Monte Vista Master Lease
July 1, 2026 to June 30, 2027
42 Units
Maximum Compensation: $837,816
Bed Room Total#of Cost per Monthly Total Annual
iSize units unit Total Cost
1 bdrm 9 $1,129 $10,161 $121,932
2 bdrm 23 $1,448 $33,304 $399,648
3 bdrm 9 $1,621 $14,589 $175,068
4 bdrm 1 $1,765 $1,765 $21,180
Subtotal $717,828
Additional Cost Total Annual
Cost
Legal Costs $5,245
Utilities $20,000
Security Services $72,888
Excessive Damages $21,855
Subtotal $119,988
Total Maximum Cost $837,816
Client payments toward rent and utilities will be reduced from the overall amount billed to the County.
Exhibit C
Page 6 of 6
Fresno Housing Authority Budget Summary
Monte Vista Master Lease
July 1, 2027 to June 30, 2028
42 Units
Maximum Compensation: $876,437
Bed Room Total#of Cost per Monthly Total Annual
iSize units unit Total Cost
1 bdrm 9 $1,185 $10,665 $127,980
2 bdrm 23 $1,520 $34,960 $419,520
3 bdrm 9 $1,702 $15,318 $183,816
4 bdrm 1 $1,853 $1,853 $22,236
Subtotal $753,552
Additional Cost Total Annual
Cost
Legal Costs $5,402
Utilities $20,000
Security Services $74,972
Excessive Damages $22,511
Subtotal $122,885
Total Maximum Cost $876,437
Client payments toward rent and utilities will be reduced from the overall amount billed to the County.
Exhibit D
Insurance Requirements
1. Required Policies
Without limiting the County's right to obtain indemnification from the Contractor or any third parties,
Contractor, 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 Contractor 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 Contractor'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.
2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the Contractor 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 Contractor shall deliver, or cause its broker or
producer to deliver, to the County of Fresno Department of Social Services, at
P.O. Box 1912, Fresno, California 93712, or DSSContractlnsurance(a_)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
Contractor has waived its right to recover from the County, its officers, agents,
employees, and volunteers any amounts paid under any insurance policy required
by this Agreement and that waiver does not invalidate the insurance policy.
D-1
Exhibit D
Page 2 of 3
(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
Contractor'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 Contractor 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 Contractor 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 Contractor 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 Contractor 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 Contractor 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 Contractor 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 Contractor 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 Contractor is solely
responsible to obtain any policy endorsement that may be necessary to accomplish that
waiver, but the Contractor's waiver of subrogation under this paragraph is effective
whether or not the Contractor obtains such an endorsement.
(F) County's Remedy for Contractor's Failure to Maintain. If the Contractor 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
Agreement upon the occurrence of that failure, or purchase such insurance coverage,
D-2
Exhibit D
Page 3 of 3
and charge the cost of that coverage to the Contractor. The County may offset such
charges against any amounts owed by the County to the Contractor under this
Agreement.
(G)Subcontractors. The Contractor shall require and verify that all subcontractors used by
the Contractor to provide services under this Agreement maintain insurance meeting all
insurance requirements provided in this Agreement. This paragraph does not authorize
the Contractor to provide services under this Agreement using subcontractors.
D-3
Exhibit E
Page 1 of 2
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno ("County"), members of a
contractor's board of directors ("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 used 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.
The 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 2 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: