HomeMy WebLinkAboutP-23-615 Mental Health System Inc Signed.pdf P-23-615
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1 AGREEMENT
2 THIS AGREEMENT is made and entered into this 20th day of November 2023, by and between
3 the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as
4 "COUNTY", and Mental Health Systems, Inc., a California Non-Profit Corporation, whose address is
5 9465 Farnham Street, San Diego, CA 92123, hereinafter referred to as ("Subrecipient")."
6 COUNTY and the SUBRECIPIENT may be referred to individually as a "Party" and collectively
7 as the "Parties."
8 RECITALS:
9 A. COUNTY issued Request for Proposal (RFP) No. 19-053 for bridge emergency shelter
10 services within the County of Fresno and County of Madera; and
11 B. The SUBRECIPIENT responded to said RFP and was selected to provide services in
12 accordance with the RFP and SUBRECIPIENT's submitted response; and
13 C. The COUNTY continues to have a significant population of homeless individuals in need of
14 services;
15 D. The SUBRECIPIENT is willing and able to provide bridge emergency shelter and case
16 management services to homeless individuals in Fresno and Madera counties.
17 E. COUNTY, through DSS, has entered into agreements for Homeless Housing, Assistance and
18 Prevention (HHAP) grant funds awarded to COUNTY and the Fresno Madera Continuum of Care with
19 the State of California (Agreement No. 23-HHAP-10021 (Exhibit A)), copies of which are attached and
20 incorporated herein by this reference. Services provided by SUBRECIPIENT under this Agreement
21 shall be funded with HHAP funding and, therefore, SUBRECIPIENT shall be aware of, agree to, and
22 comply with all State requirements governing the use of HHAP funds, and all conditions in Exhibit A.
23 Failure to comply with these requirements and conditions may result in termination of this Agreement
24 pursuant to Section Three (3) of this Agreement.
25 The parties therefore agree as follows:
26 1. CONTRACTOR'S SERVICES
27 SUBRECIPIENT shall perform all services as set forth in Exhibit B, Summary of Services,
28 attached hereto and incorporated herein by this reference. The services described in Exhibit B shall be
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1 referred to collectively herein as the "Services". SUBRECIPIENT represents that it is qualified, ready,
2 willing, and able to perform all of the services provided in this Agreement.
3 SUBRECIPIENT shall, at its own cost, comply with all applicable federal, state, and local laws
4 and regulations in the performance of its obligations under this Agreement, including but not limited to
5 workers compensation, labor, and confidentiality laws and regulations.
6 2. TERM
7 The term of this Agreement shall commence on November 20, 2023 through and including February
8 17, 2024.
9 3. TERMINATION
10 A. Non-Allocation of Funds
11 The terms of this Agreement, and the services to be provided hereunder, are contingent on the
12 approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the
13 services provided may be modified, or this Agreement terminated, at any time by giving the
14 SUBRECIPIENT thirty (30) days advance written notice.
15 B. Breach of Contract
16 The COUNTY may suspend or terminate this Agreement in whole or in part, where in the
17 determination of the COUNTY there is a breach:
18 1) Obtained or used funds illegally or improperly;
19 2) A failure to comply with any term of this Agreement;
20 3) A substantially incorrect or incomplete report submitted to the COUNTY; or
21 4) Improperly performed any of its obligations under this Agreement.
22 Upon determining that a breach (as defined above) has occurred, COUNTY may give written
23 notice of the breach to SUBRECIPIENT. The written notice may suspend performance under this
24 Agreement, and must provide at least 30 days for SUBRECIPIENT to cure the breach.
25 If SUBRECIPIENT fails to cure the breach to COUNTY's satisfaction within the time stated in the
26 written notice, COUNTY may terminate this Agreement immediately.
27 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any
28 breach of this Agreement or any default which may then exist on the part of the SUBRECIPIENT.
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1 Neither shall such payment impair or prejudice any remedy available to the COUNTY with respect to the
2 breach or default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment
3 to the COUNTY of any funds disbursed to the SUBRECIPIENT under this Agreement, which in the
4 judgment of the COUNTY were not expended in accordance with the terms of this Agreement. The
5 SUBRECIPIENT shall promptly refund any such funds upon demand.
6 Any termination of this Agreement by the COUNTY under this Section Three is without penalty to
7 or further obligation of the COUNTY. This Section Three survives the termination of this Agreement.
8 C. Without Cause
9 Under circumstances other than those set forth above, this Agreement may be terminated by
10 SUBRECIPIENT, COUNTY or COUNTY's DSS Director, or designee, upon the giving of thirty (30) days
11 advance written notice of an intention to terminate this Agreement.
12 4. COMPENSATION
13 For actual services provided pursuant to the terms of this Agreement, COUNTY agrees to pay
14 SUBRECIPIENT and SUBRECIPIENT agrees to receive compensation in accordance with the Exhibit
15 C, Budget Summary.
16 In no event shall compensation paid for services performed under this Agreement be in excess of
17 One Hundred Fifty Thousand and No/100 Dollars ($150,000) for the period of November 20, 2023 through
18 February 17, 2024.
19 The SUBRECIPIENT is solely responsible for all of its costs and expenses that are not specified as
20 payable by the County under this Agreement. If SUBRECIPIENT should fail to comply with any provision of
21 the Agreement, COUNTY shall be relieved of its obligation for further compensation. Any compensation
22 which is not expended by SUBRECIPIENT pursuant to the terms and conditions of this Agreement shall
23 automatically revert to COUNTY.
24 SUBRECIPIENT acknowledges that COUNTY is a local government entity, and does so with notice
25 that the COUNTY's powers are limited by the California Constitution and by State law, and with notice that
26 SUBRECIPIENT may receive compensation under this Agreement only for services performed according to
27 the terms of this Agreement and while this Agreement is in effect, and subject to the maximum amount
28 payable under this section. SUBRECIPIENT further acknowledges that COUNTY's employees have no
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1 authority to pay SUBRECIPIENT except as expressly provided in this Agreement.
2 The services provided by the SUBRECIPIENT under this Agreement are funded in whole or in part
3 by the State of California and the United States Federal government. In the event that funding for these
4 services is delayed by the State Controller or the Federal government, COUNTY may defer payment to
5 SUBRECIPIENT. The amount of the deferred payment shall not exceed the amount of funding delayed to
6 the COUNTY. The period of time of the deferral by COUNTY shall not exceed the period of time of the
7 State Controller's or Federal government's delay of payment to COUNTY plus forty-five (45) days.
8 5. INVOICING
9 SUBRECIPIENT shall invoice COUNTY's DSS in arrears by the tenth (10t") of each month for
10 expenditures incurred and services rendered in the previous month to:
11 DSSlnvoices(c)fresnocountyca.gov. Payments by COUNTY's DSS shall be in arrears for actual services
12 provided during the preceding month, within forty-five (45) days after receipt, verification, and approval
13 of SUBRECIPIENT's invoices by COUNTY's DSS. A monthly activity report shall accompany the
14 invoice, reflecting services supported by the invoiced expenditures and be in a form and in such detail
15 as acceptable to the COUNTY's DSS. All final claims for funding shall be submitted by SUBRECIPIENT
16 within sixty (60) days following the final month of services. At the discretion of COUNTY's DSS Director
17 or his/her designee, COUNTY's DSS may deny payment of any invoice received more than sixty (60)
18 days following the final month of services.
19 At the discretion of COUNTY's DSS Director or designee, if an invoice is incorrect or is otherwise
20 not in proper form or detail, COUNTY's DSS Director or designee shall have the right to withhold
21 payment as to only that portion of the invoice that is incorrect or improper after five (5) days prior written
22 notice or email correspondence to SUBRECIPIENT. SUBRECIPIENT agrees to continue to provide
23 services for a period of ninety (90) days after written or email notification of an incorrect or improper
24 invoice. If after the ninety (90) day period the invoice has still not been corrected to COUNTY's DSS
25 satisfaction, COUNTY or COUNTY's DSS Director or designee may elect to terminate this Agreement,
26 pursuant to the termination provisions stated in Paragraph Three (3) of this Agreement.
27 6. MODIFICATION
28 A. Minor changes to the Summary of Services, identified in this Agreement, may be
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1 made with the mutual written approval of COUNTY's DSS Director or designee and SUBRECIPIENT.
2 Minor changes may include, but are not limited to changes that will not significantly alter the
3 responsibilities identified in Exhibit B. Any changes to the Services shall not result in any change to the
4 maximum compensation, unless agreed otherwise in writing by and among the Parties and approved by
5 each Party's respective boards.
6 B. Notwithstanding the above, changes to line items in Exhibit C, Budget Summary,
7 in an amount not to exceed 10% of the total maximum compensation payable to the SUBRECIPIENT as
8 identified in Section Four (4) of this Agreement, may be made with the written approval of COUNTY's
9 DSS Director, or designee and SUBRECIPIENT. Budget line item changes shall not result in any
10 change to the total maximum compensation amount payable to SUBRECIPIENT, as stated herein.
11 C. SUBRECIPIENT agrees that reductions to the maximum compensation set forth
12 in Section Four (4) of this Agreement may be necessitated by a reduction in funding from State or
13 Federal sources. Any such reduction to the maximum compensation may be made with the written
14 approval of COUNTY's DSS Director or designee and SUBRECIPIENT. SUBRECIPIENT further
15 understands that this Agreement is subject to any restrictions, limitations, or enactments of all legislative
16 bodies which affect the provisions, term, or funding of this agreement in any manner. If the parties do
17 not provide written approval for modification due to reduced funding, this Agreement may be terminated
18 in accordance with Section 3.A. above.
19 7. INDEPENDENT CONTRACTOR
20 In performance of the work, duties and obligations assumed by SUBRECIPIENT under this
21 Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the
22 SUBRECIPIENT'S officers, agents, and employees will at all times be acting and performing as an
23 independent subrecipient, and shall act in an independent capacity and not as an officer, agent, servant,
24 employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no
25 right to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its
26 work and function. However, COUNTY shall retain the right to verify that SUBRECIPIENT is performing
27 its obligations in accordance with the terms and conditions of this Agreement.
28 SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and
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1 regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
2 Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely no
3 right to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be
4 solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee
5 benefits. In addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all
6 matters relating to payment of SUBRECIPIENT'S employees, including compliance with Social Security
7 withholding and all other regulations governing such matters. It is acknowledged that during the term of
8 this Agreement, SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to
9 this Agreement.
10 8. INDEMNITY AND DEFENSE
11 The Parties each agree to indemnify, save, hold harmless, and at the requesting Party's request,
12 defend the other Party, its members, partners commissioners, officers, agents, employees, and volunteers
13 from any and all demands, injuries, damages, costs, and expenses (including attorney's fees and costs),
14 fines, penalties, liabilities, claims, and losses of any kind occurring or resulting to the requesting Party or
15 any third party that arise from or relate to the performance, or failure to perform, by the other Party, its
16 members, partners, commissioners, officers, agents, or employees, or subcontractors under this
17 Agreement, and from any and all costs and expenses (including attorney's fees and costs), damages,
18 liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured
19 or damaged by the performance, or failure to perform, of the other Party, its members, commissioners,
20 officers, agents, or employees under this Agreement. Each Party may conduct or participate in its own
21 defense without affecting the other Party's obligation to indemnify and hold harmless or defend the
22 requesting Party.
23 The provisions of this Section Eight (8) shall survive termination of this Agreement.
24 9. INSURANCE
25 SUBRECIPIENT shall comply with the insurance requirements in Exhibit D to this Agreement.
26 10. ASSIGNMENT AND SUBCONTRACTS
27 Neither party shall assign, transfer or subcontract this Agreement nor their rights or duties under
28 this Agreement without the prior written consent of the other party. Any transferee, assignee or
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1 subcontractor will be subject to all applicable provisions of this Agreement, and all applicable State and
2 Federal regulations. SUBRECIPIENT shall be held primarily responsible by COUNTY for the
3 performance of any transferee, assignee or subcontractor unless otherwise expressly agreed to in
4 writing by COUNTY. The use of subcontractor by SUBRECIPIENT shall not entitle SUBRECIPIENT to
5 any additional compensation than is provided for under this Agreement.
6 11. CONFLICT OF INTEREST
7 No officer, employee or agent of the COUNTY who exercises any function or responsibility for
8 planning and carrying out of the services provided under this Agreement shall have any direct or indirect
9 personal financial interest in this Agreement. In addition, no employee of the COUNTY shall be
10 employed by the SUBRECIPIENT under this Agreement to fulfill any contractual obligations with the
11 COUNTY. The SUBRECIPIENT shall comply with all Federal, State of California and local conflict of
12 interest laws, statutes and regulations, which shall be applicable to all parties and beneficiaries under
13 this Agreement and any officer, employee or agent of the COUNTY.
14 12. DISCLOSURE OF SELF-DEALING TRANSACTIONS
15 This provision is only applicable if the SUBRECIPIENT is operating as a corporation or if during
16 the term of the agreement, the SUBRECIPIENT changes its status to operate as a corporation.
17 Members of the SUBRECIPIENT'S Board of Directors shall disclose any self-dealing
18 transactions that they are a party to while SUBRECIPIENT is providing goods or performing services
19 under this agreement. A self-dealing transaction shall mean a transaction to which the SUBRECIPIENT
20 is a party and in which one or more of its directors has a material financial interest. Members of the
21 Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and
22 signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit E and incorporated
23 herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing
24 transaction or immediately thereafter.
25 13. NON-DISCRIMINATION
26 During the performance of this Agreement, SUBRECIPIENT and its officers, employees, agents
27 and subcontractors shall not unlawfully discriminate in violation of any Federal, State or local law, rule or
28 regulation against any employee or applicant for employment, or recipient of services under this
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1 Agreement, because of age, ethnic group identification, sex, gender, gender identity, gender expression,
2 sexual orientation, color, physical disability, mental disability, medical condition, national origin, race,
3 ancestry, genetic information, marital status, religion, religious creed, military status, or veteran status.
4 A. Domestic Partners and Gender Identity
5 For State fund-funded contracts of$100,000 or more, SUBRECIPIENT certifies that it complies
6 with Public Contract Code Section 10295.3.
7 B. Americans with Disabilities Act
8 SUBRECIPIENT shall comply with the Americans with Disabilities Act (ADA) of 1990, which
9 prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines
10 issued pursuant to the ADA (42 U.S.C. 12101 et seq.)
11 C. SUBRECIPIENT shall include the non-discrimination and compliance provisions of this
12 section in all subcontracts to perform work under this Agreement.
13 14. LIMITED ENGLISH PROFICIENCY
14 SUBRECIPIENT shall provide interpreting and translation services to persons participating in
15 SUBRECIPIENT'S services who have limited or no English language proficiency, including services to
16 persons who are deaf or blind. Interpreter and translation services shall be provided as necessary to
17 allow such participants meaningful access to the programs, services and benefits provided by
18 SUBRECIPIENT. Interpreter and translation services, including translation of SUBRECIPIENT'S "vital
19 documents" (those documents that contain information that is critical for accessing SUBRECIPIENT'S
20 services or are required by law) shall be provided to participants at no cost to the participant.
21 SUBRECIPIENT shall ensure that any employees, agents, subcontractors, or partners who interpret or
22 translate for a program participant, or who directly communicate with a program participant in a
23 language other than English, demonstrate proficiency in the participant's language and can effectively
24 communicate any specialized terms and concepts peculiar to SUBRECIPIENT'S services.
25 15. CONFIDENTIALITY AND DATA SECURITY:
26 All services performed by SUBRECIPIENT under this Agreement shall be in strict conformance
27 with all applicable Federal, State of California and/or local laws and regulations relating to confidentiality.
28 For the purpose of preventing the potential loss, misappropriation or inadvertent disclosure of
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1 COUNTY data including sensitive or personal client information; abuse of COUNTY resources; and/or
2 disruption to COUNTY operations, individuals and/or agencies that enter into a contractual relationship
3 with COUNTY for the purpose of providing services under this Agreement must employ adequate data
4 security measures to protect the confidential information provided to SUBRECIPIENT by COUNTY,
5 including but not limited to the following:
6 A. Subrecipient-Owned Mobile/Wireless/Handheld Devices may not be connected to
7 COUNTY networks via personally owned mobile, wireless or handheld devices, except when authorized
8 by COUNTY for telecommuting and then only if virus protection software currency agreements are in
9 place, and if a secure connection is used.
10 B. Subrecipient -Owned Computers or Computer Peripherals may not be brought
11 into COUNTY for use, including and not limited to mobile storage devices, without prior authorization
12 from COUNTY's Chief Information Officer or her designee. Data must be stored on a secure server
13 approved by COUNTY and transferred by means of a VPN (Virtual Private Network) connection, or
14 another type of secure connection of this type if any data is approved to be transferred.
15 C. County-Owned Computer Equipment — SUBRECIPIENT or anyone having an
16 employment relationship with COUNTY may not use COUNTY computers or computer peripherals on
17 non-COUNTY premises without prior authorization from COUNTY's Chief Information Officer or her
18 designee.
19 D. SUBRECIPIENT may not store COUNTY's private, confidential or sensitive data
20 on any hard-disk drive.
21 E. SUBRECIPIENT are responsible to employ strict controls to ensure the integrity
22 and security of COUNTY's confidential information and to prevent unauthorized access to data
23 maintained in computer files, program documentation, data processing systems, data files and data
24 processing equipment which stores or processes COUNTY data internally and externally.
25 F. Confidential client information transmitted to one party by the other by means of
26 electronic transmissions must be encrypted according to Advanced Encryption Standards
27 (AES) of 128 BIT or higher. Additionally, a password or pass phrase must be utilized.
28 G. SUBRECIPIENT are responsible to immediately notify COUNTY of any breaches
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1 or potential breaches of security related to COUNTY's confidential information, data maintained in
2 computer files, program documentation, data processing systems, data files and data processing
3 equipment which stores or processes COUNTY data internally or externally.
4 H. SUBRECIPIENT shall require its subcontractors to comply with the provisions of
5 this Data Security section.
6 16. CLEAN AIR AND WATER
7 In the event the funding under this Agreement exceeds One Hundred Fifty Thousand and
8 No/100 Dollars ($150,000.00), CONTRACTOR shall comply with all applicable standards, orders or
9 requirements issued under the Clean Air Act, as amended, 42 U.S. Code 7401 et seq., and the Federal
10 Water Pollution Control Act, 33 U.S. Code 1251 et seq. Under these laws and regulations,
11 CONTRACTOR shall:
12 A. Assure the COUNTY that no facility shall be utilized in the performance of this
13 Agreement that has been listed on the Environmental Protection Agency (EPA) list of Violating Facilities;
14 B. Notify COUNTY prior to execution of this Agreement of the receipt of any
15 communication from the Director, Office of Federal Activities, U.S. EPA indicating that a facility to be
16 utilized in the performance of this Agreement is under consideration to be listed on the EPA list of
17 Violating Facilities;
18 C. Report each violation of the above laws to COUNTY and understand and agree
19 that the COUNTY will, in turn, report each violation as required to assure notification to the Federal
20 Emergency Management Agency (FEMA) and the appropriate Environmental Protection Agency
21 Regional Office; and
22 D. Include these requirements in each subcontract exceeding $150,000 financed in
23 whole or in part with federal assistance.
24 17. PROCUREMENT OF RECOVERED MATERIALS
25 In the performance of this Agreement, SUBRECIPIENT shall comply with section 6002 of the
26 Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
27 requirements of Section 6002 include procuring only items designated in guidelines of the
28 Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
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1 recovered materials practicable, consistent with maintaining a satisfactory level of competition, where
2 the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
3 preceding fiscal year exceeded $10,000. For contracts meeting this threshold SUBRECIPIENT shall
4 make maximum use of products containing recovered materials that are EPA-designated items unless
5 the product cannot be acquired:
6 i. Competitively within a timeframe providing for compliance with the
7 contract performance schedule;
8 ii. Meeting contract performance requirements; or
9 iii. At a reasonable price.
10 18. DRUG-FREE WORKPLACE REQUIREMENTS
11 For purposes of this paragraph, SUBRECIPIENT will be referred to as the "grantee". By drawing
12 funds against this grant award, the grantee is providing the certification that is required by regulations
13 implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F. These regulations
14 require certification by grantees that they will maintain a drug-free workplace. False certification or
15 violation of the certification shall be grounds for suspension of payments, suspension or termination of
16 grants, or government wide suspension or debarment. SUBRECIPIENT shall also comply with the
17 requirements of the Drug-Free Workplace Act of 1990 (California Government Code section 8350 et
18 seq.).
19 19. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
20 VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS
21 A. COUNTY and SUBRECIPIENT recognize that SUBRECIPIENT is a recipient of
22 Federal assistance funds under the terms of this Agreement. By signing this Agreement,
23 SUBRECIPIENT agrees to comply with applicable Federal suspension and debarment regulations,
24 including but not limited to: 7 CFR 3016.35, 29 CRF 97.35, 45 CFR 92.35, and Executive Order 12549.
25 By signing this Agreement, SUBRECIPIENT attests to the best of its knowledge and belief, that it and its
26 principals:
27 1) Are not presently debarred, suspended, proposed for debarment, declared
28 ineligible, or voluntarily excluded from participation in this transaction by any Federal department or
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1 agency; and
2 2) Shall not knowingly enter into any lower tier covered transaction with an entity
3 or person who is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
4 excluded from participation in this transaction by any Federal department or agency.
5 B. SUBRECIPIENT shall provide immediate written notice to COUNTY if at any time
6 during the term of this Agreement SUBRECIPIENT learns that the representations it makes above were
7 erroneous when made or have become erroneous by reason of changed circumstances
8 C. SUBRECIPIENT shall include a clause titled "Certification Regarding Debarment,
9 Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transactions" and similar in
10 nature to this Paragraph Eighteen (18) in all lower tier covered transactions and in all solicitations for
11 lower tier covered transactions.
12 D. SUBRECIPIENT shall, prior to soliciting or purchasing goods and services in
13 excess of $25,000 funded by this Agreement, review and retain the proposed vendor's suspension and
14 debarment status at https://sam.gov/SAM/.
15 E. The certification in Paragraph Eighteen (18) of this Agreement is a material
16 representation of fact upon which COUNTY relied in entering into this Agreement.
17 20. GRIEVANCES
18 SUBRECIPIENT shall establish procedures for handling client complaints and/or grievances.
19 Such procedures will include provisions for informing clients of their rights to a State Hearing to resolve
20 such issues when appropriate.
21 21. PROHIBITION ON PUBLICITY
22 None of the funds, materials, property or services provided directly or indirectly under this
23 Agreement shall be used for SUBRECIPIENT's advertising, fundraising, or publicity (i.e., purchasing of
24 tickets/tables, silent auction donations, etc.) for the purpose of self-promotion. Notwithstanding the
25 above, publicity of the services described in Paragraph One (1) of this Agreement shall be allowed as
26 necessary to raise public awareness about the availability of such specific services when approved in
27 advance by the Director or designee and at a cost as provided by SUBRECIPIENT in writing for such
28 items as written/printed materials, the use of media (i.e., radio, television, newspapers) and any other
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1 related expense(s).
2 22. LOBBYING AND POLITICAL ACTIVITY
3 None of the funds provided under this Agreement shall be used for publicity, lobbying or
4 propaganda purposes designed to support or defeat legislation pending in the Congress of the United
5 States of America or the Legislature of the State of California.
6 SUBRECIPIENT shall not directly or indirectly use any of the funds under this Agreement for any
7 political activity or to further the election or defeat of any candidate for public office.
8 23. STATE ENERGY CONSERVATION
9 SUBRECIPIENT must comply with the mandatory standard and policies relating to energy
10 efficiency which are contained in the State Energy Conservation Plan issued in compliance with 42
11 United States (US) Code sections 6321, et. Seq.
12 24. FRATERNIZATION
13 SUBRECIPIENT shall establish procedures addressing fraternization between
14 SUBRECIPIENT'S staff and clients. Such procedures will include provisions for informing
15 SUBRECIPIENT'S staff and clients regarding fraternization guidelines.
16 25. INTERPRETATION OF LAWS AND REGULATIONS
17 COUNTY reserves the right to make final interpretations or clarifications on issues relating to
18 Federal and State laws and regulations, to ensure compliance.
19 26. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
20 SUBRECIPIENT, its officers, consultants, subcontractors, agents and employees shall comply
21 with all applicable State, Federal and local laws, regulations, and executive orders, as well as Federal
22 policies, procedures, and directives governing projects that utilize State and Federal Funds. This
23 includes laws, rules and regulations that pertain to construction, health and safety, labor, fair
24 employment practices, environmental protection, equal opportunity, fair housing, and all other matters
25 applicable or related to SUBRECIPIENT's services, the SUBRECIPIENT, its subrecipients, and all
26 eligible activities.
27 SUBRECIPIENT shall be responsible for obtaining all permits, licenses, and approvals required
28 for performing any activities under this Agreement, including those necessary to perform design,
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1 implementation, operation, and maintenance of the activities. SUBRECIPIENT shall be responsible for
2 observing and complying with any applicable federal, state, and local laws, rules, and regulations
3 affecting any such work, specifically those including, but not limited to, environmental protection,
4 procurement, and safety laws, rules, regulations, and ordinances. SUBRECIPIENT shall provide
5 copies of permits and approvals to COUNTY upon request.
6 27. CHARITABLE CHOICE
7 SUBRECIPIENT may not discriminate in their program delivery against a client or potential
8 client on the basis of religion or religious belief, a refusal to hold a religious belief, or a refusal to
9 actively participate in a religious practice. Any specifically religious activity or service made available
10 to individuals by the SUBRECIPIENT must be voluntary as well as separate in time and location from
11 County funded activities and services. SUBRECIPIENT shall inform COUNTY as to whether they are
12 faith-based. If SUBRECIPIENT identifies as faith-based, they must submit to DSS a copy of their
13 policy on referring individuals to alternate services to SUBRECIPIENT and include a copy of this
14 policy in their client admission forms. The policy must inform individuals that they may be referred to
15 an alternative provider if they object to the religious nature of the program and include a notice to
16 DSS. Adherence to this policy will be monitored during annual site reviews, and a review of client files.
17 If SUBRECIPIENT identifies as faith-based, by July 1 of each year SUBRECIPIENT will be required to
18 report to DSS the number of individuals who requested referrals to alternate providers based on
19 religious objection.
20 28. NO OBLIGATION BY FEDERAL GOVERNMENT
21 The Federal Government is not a party to this contract and is not subject to any obligations or
22 liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting
23 from this Agreement.
24 29. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED
25 ACTS
26 SUBRECIPIENT acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False
27 Claims and Statements) applies to CONTRACTOR's actions pertaining to this contract.
28
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1 30. RECORDS
2 A. Record Establishment and Maintenance
3 SUBRECIPIENT shall establish and maintain records in accordance with those
4 requirements prescribed by COUNTY, with respect to all matters covered by this Agreement.
5 SUBRECIPIENT shall retain all fiscal books, account records and client files for services performed
6 under this Agreement for at least five (5) years from date of final payment under this Agreement or until
7 all State and Federal audits are completed for that fiscal year, whichever is later.
8 B. Cost Documentation
9 1) SUBRECIPIENT shall submit to COUNTY within ten (10) calendar days
10 following the end of each month, all fiscal and program reports for that month. SUBRECIPIENT shall
11 also furnish to COUNTY such statements, records, data and information as COUNTY may request
12 pertaining to matters covered by this Agreement. In the event that SUBRECIPIENT fails to provide
13 reports as provided herein, it shall be deemed sufficient cause for COUNTY to withhold payments until
14 compliance is established.
15 2) All costs shall be supported by properly executed payrolls, time records,
16 invoices, vouchers, orders, or any other accounting documents pertaining in whole or in part to this
17 Agreement and they shall be clearly identified and readily accessible. The support documentation must
18 indicate the line budget account number to which the cost is charged.
19 3) COUNTY shall notify SUBRECIPIENT in writing within thirty (30) days of any
20 potential State or Federal audit exception discovered during an examination. Where findings indicate
21 that program requirements are not being met and State or Federal participation in this program may be
22 imperiled in the event that corrections are not accomplished by CONTRACTOR within thirty (30) days of
23 receipt of such notice from COUNTY, written notification thereof shall constitute COUNTY'S intent to
24 terminate this Agreement.
25 C. Service Documentation
26 SUBRECIPIENT agrees to maintain records to verify services under this Agreement
27 including names and addresses of clients served, if applicable, and the dates of service and a
28 description of services provided on each occasion. These records and any other documents pertaining
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1 in whole or in part to this Agreement shall be clearly identified and readily accessible.
2 31. PUBLIC RECORDS
3 The COUNTY is not limited in any manner with respect to its public disclosure of this
4 Agreement or any record or data that the SUBRECIPIENT may provide to the COUNTY. The
5 COUNTY's public disclosure of this Agreement or any record or data that the SUBRECIPIENT may
6 provide to the COUNTY may include but is not limited to the following:
7 A. The COUNTY may voluntarily, or upon request by any member of the public or
8 governmental agency, disclose this Agreement to the public or such governmental agency.
9 B. The COUNTY may voluntarily, or upon request by any member of the public or
10 governmental agency, disclose to the public or such governmental agency any record or data that the
11 Contractor may provide to the COUNTY, unless such disclosure is prohibited by court order.
12 C. This Agreement, and any record or data that the SUBRECIPIENT may provide to
13 the COUNTY, is subject to public disclosure under the Ralph M. Brown Act (California Government
14 Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
15 D. This Agreement, and any record or data that the SUBRECIPIENT may provide to
16 the COUNTY, is subject to public disclosure as a public record under the California Public Records Act
17 (California Government Code, Title 1, Division 7, Chapter 3.5, beginning with section 6250) ("CPRA").
18 E. This Agreement, and any record or data that the SUBRECIPIENT may provide to
19 the COUNTY, is subject to public disclosure as information concerning the conduct of the people's
20 business of the State of California under California Constitution, Article 1, section 3, subdivision (b).
21 F. Any marking of confidentiality or restricted access upon or otherwise made with
22 respect to any record or data that the Subrecipient may provide to the COUNTY shall be disregarded
23 and have no effect on the COUNTY's right or duty to disclose to the public or governmental agency any
24 such record or data.
25 32. SINGLE AUDIT CLAUSE
26 If SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more
27 in Federal and Federal flow-through monies annually, SUBRECIPIENT agrees to conduct an annual
28 audit in accordance with the requirements of the Single Audit Standards as set forth in Office of
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1 Management and Budget (OMB) Title 2 of the Code of Federal Regulations Part 200. SUBRECIPIENT
2 shall submit said audit and management letter to COUNTY. The audit must include a statement of
3 findings or a statement that there were no findings. If there were negative findings, SUBRECIPIENT
4 must include a corrective action signed by an authorized individual. SUBRECIPIENT agrees to take
5 action to correct any material non-compliance or weakness found as a result of such audit. Such audit
6 shall be delivered to COUNTY's DSS, Administration, for review within nine (9) months of the end of any
7 fiscal year in which funds were expended and/or received for the program. Failure to perform the
8 requisite audit functions as required by this Agreement may result in COUNTY performing the necessary
9 audit tasks, or at COUNTY's option, contracting with a public accountant to perform said audit, or, may
10 result in the inability of COUNTY to enter into future agreements with SUBRECIPIENT. All audit costs
11 related to this Agreement are the sole responsibility of SUBRECIPIENT.
12 A. A single audit report is not applicable if all SUBRECIPIENT's Federal contracts do
13 not exceed the Seven Hundred Fifty Thousand Dollars ($750,000) requirement or SUBRECIPIENT's
14 funding is through Drug related Medi-Cal. If a single audit is not applicable, a program audit must be
15 performed and a program audit report with management letter shall be submitted by SUBRECIPIENT to
16 COUNTY as a minimum requirement to attest to SUBRECIPIENT's solvency. Said audit report shall be
17 delivered to COUNTY's DSS, Administration, for review no later than nine (9) months after the close of
18 the fiscal year in which the funds supplied through this Agreement are expended. Failure to comply with
19 this Act may result in COUNTY performing the necessary audit tasks or contracting with a qualified
20 accountant to perform said audit. All audit costs related to this Agreement are the sole responsibility of
21 SUBRECIPIENT who agrees to take corrective action to eliminate any material noncompliance or
22 weakness found as a result of such audit. Audit work performed by COUNTY under this paragraph shall
23 be billed to the SUBRECIPIENT at COUNTY cost, as determined by COUNTY's Auditor-
24 Controller/Treasurer-Tax Collector.
25 B. SUBRECIPIENT shall make available all records and accounts for inspection by
26 COUNTY, the State of California, if applicable, the Comptroller General of the United States, the Federal
27 Grantor Agency, or any of their duly authorized representatives, at all reasonable times for a period of at
28 least three (3) years following final payment under this Agreement or the closure of all other pending
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1 matters, whichever is later.
2 33. AUDITS AND INSPECTIONS
3 The SUBRECIPIENT shall at any time during business hours, and as often as the COUNTY may
4 deem necessary, make available to the COUNTY for examination all of its records and data with respect
5 to the matters covered by this Agreement, excluding attorney-client privileged communications. The
6 SUBRECIPIENT shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of
7 such records and data necessary to ensure SUBRECIPIENT'S compliance with the terms of this
8 Agreement.
9 If this Agreement exceeds ten thousand dollars ($10,000.00), SUBRECIPIENT shall be subject
10 to the examination and audit of the Auditor General for a period of three (3) years after final payment
11 under contract (California Government Code Section 8546.7). This section survives the termination of
12 this Agreement.
13 In addition, SUBRECIPIENT shall cooperate and participate with COUNTY's fiscal review
14 process and comply with all final determinations rendered by the COUNTY's fiscal review process. If
15 COUNTY reaches an adverse decision regarding SUBRECIPIENT's services to consumers, it may
16 result in the disallowance of payment for services rendered; or in additional controls to the delivery of
17 services, or in the termination of this Agreement, at the discretion of COUNTY's DSS Director or
18 designee. If as a result of COUNTY's fiscal review process a disallowance is discovered due to
19 SUBRECIPIENT's deficiency, SUBRECIPIENT shall be financially liable for the amount previously paid
20 by COUNTY to SUBRECIPIENT and this disallowance will be adjusted from SUBRECIPIENT's future
21 payments, at the discretion of COUNTY's DSS Director or designee. In addition, COUNTY shall have
22 the sole discretion in the determination of fiscal review outcomes, decisions, and actions.
23 34. CHILD SUPPORT COMPLIANCE ACT
24 If this Agreement includes State funding in excess of$100,000, the Contractor acknowledges in
25 accordance with Public Contract Code 7110, that:
26 A. SUBRECIPIENT recognizes the importance of child and family support
27 obligations and shall fully comply with all applicable state and federal laws relating to child and family
28 support enforcement, including, but not limited to, disclosure of information and compliance with
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1 earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of
2 Division 9 of the Family Code; and
3 B. SUBRECIPIENT to the best of its knowledge is fully complying with the earnings
4 assignment orders of all employees and is providing the names of all new employees to the New Hire
5 Registry maintained by the California Employment Development Department.
6 35. PRIORITY HIRING CONSIDERATIONS
7 If this Agreement includes State funding and services in excess of$200,000, SUBRECIPIENT
8 shall give priority consideration in filling vacancies in positions funded by the Agreement to qualified
9 recipients of aid under Welfare and Institutions Code Section 11200, in accordance with Public Contract
10 Code Section 10353.
11 36. CONTRACTOR'S NAME CHANGE
12 An amendment, assignment, or new agreement is required to change the name of
13 SUBRECIPIENT as listed on this Agreement. Upon receipt of legal documentation of the name change
14 COUNTY will process the agreement. Payment of invoices presented with a new name cannot be paid
15 prior to approval of said agreement.
16 37. PROPERTY OF COUNTY
17 Any use of COUNTY funds provided under this Agreement, as specified in Exhibit C, for the
18 purchase of computer hardware, software, and printers must be approved by COUNTY prior to
19 purchase and must meet COUNTY specifications. SUBRECIPIENT agrees to take reasonable and
20 prudent steps to ensure the security of any and all said hardware and software provided to it by
21 COUNTY under this Agreement, and to maintain replacement-value insurance coverages on said
22 hardware and software approved by COUNTY.
23 In addition, all purchases over Five Thousand and No/100 Dollars ($5,000.00) made during the
24 life of this Agreement shall be identified as fixed assets with an assigned COUNTY Accounting Inventory
25 Number. These fixed assets shall be retained by COUNTY, as COUNTY property, in the event this
26 Agreement is terminated or upon expiration of this Agreement. The SUBRECIPIENT agrees to
27 participate in an annual inventory of all COUNTY fixed assets and shall be physically present when fixed
28 assets are returned to COUNTY possession at the termination or expiration of this Agreement.
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1 SUBRECIPIENT is responsible for returning to COUNTY all COUNTY owned fixed assets upon the
2 expiration or termination of this Agreement.
3 38. PUBLIC INFORMATION
4 SUBRECIPIENT shall disclose COUNTY as a funding source in all public information and
5 program materials developed in support of contracted services.
6 39. NOTICES
7 The persons and their addresses having authority to give and receive notices under this
8 Agreement include the following:
9 COUNTY CONTRACTOR
10 Director of Social Services, County of Fresno Chief Executive Officer
11 P.O. Box 1912 Mental Health Systems, Inc.
12 Fresno, CA 93721 9465 Farnham Street
13 San Diego, CA 92123
14 Either party may change the information in this section by giving notice as provided in this section.
15 All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this Agreement
16 must be in writing and delivered either by personal service, by first-class United States mail, er by an
17 overnight commercial courier service, by telephonic facsimile transmission, or by Portable Document
18 Format (PDF) document attached to an email. A notice delivered by personal service is effective upon
19 service to the recipient. A notice delivered by first-class United States mail is effective three COUNTY
20 business days after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice
21 delivered by an overnight commercial courier service is effective one COUNTY business day after deposit
22 with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next
23 day delivery, addressed to the recipient. A notice delivered by telephonic facsimile transmission or by PDF
24 document attached to an email is effective when transmission to the recipient is completed (but, if such
25 transmission is completed outside of COUNTY's business hours, then such delivery is deemed to be
26 effective at the next beginning of a COUNTY business day), provided that the sender maintains a machine
27 record of the completed transmission. For all claims arising out of or related to this Agreement, nothing in
28 this section establishes, waives, or modifies any claims presentation requirements or procedures provided
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1 by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government
2 Code, beginning with section 810).
3 40. CHANGE OF LEADERSHIP/MANAGEMENT
4 In the event of any change in the status of SUBRECIPIENT's leadership or management,
5 SUBRECIPIENT shall provide written notice to COUNTY within thirty (30) days from the date of change.
6 Such notification shall include any new leader or manager's name and address. "Leadership or
7 management" shall include any employee, member, or owner of SUBRECIPIENT who either a) directs
8 individuals providing services pursuant to this Agreement, b) exercises control over the manner in which
9 services are provided, or c) has authority over SUBRECIPIENT's finances.
10 41. NO THIRD PARY BENEFICIARIES
11 This Agreement does not and is not intended to create any rights or obligations for any person or
12 entity except for the parties.
13 42. AUTHORIZED SIGNATURE
14 SUBRECIPIENT represents and warrants to COUNTY that:
15 (A) SUBRECIPIENT is duly authorized and empowered to sign and perform its obligations
16 under this Agreement.
17 (B) The individual signing this Agreement on behalf of SUBRECIPIENT is duly authorized to
18 do so and his or her signature on this Agreement legally binds SUBRECIPIENT to the terms of this
19 Agreement.
20 43. ELECTRONIC SIGNATURE
21 The parties agree that this Agreement may be executed by electronic signature as provided in
22 this section. An "electronic signature" means any symbol or process intended by an individual signing
23 this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
24 version of an original handwritten signature; or (3) an electronically scanned and transmitted (for
25 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to
26 this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing
27 this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or
28 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of
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1 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
2 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
3 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
4 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
5 through (5), and agrees that each other party may rely upon that representation. This Agreement is not
6 conditioned upon the parties conducting the transactions under it by electronic means and either party
7 may sign this Agreement with an original handwritten signature.
8 44. COUNTERPARTS
9 This Agreement may be signed in counterparts, each of which is an original, and all of which
10 together constitute this Agreement.
11 45. GOVERNING LAW, JURISDICTION, AND VENUE
12 The laws of the State of California govern all matters arising from or related to this Agreement.
13 This Agreement is signed and performed in Fresno County, California. SUBRECIPIENT consents to
14 California jurisdiction for actions arising from or related to this Agreement, and, subject to the
15 Government Claims Act, all such actions must be brought and maintained in Fresno County.
16 46. NO WAIVER
17 Payment, waiver, or discharge by COUNTY of any liability or obligation of SUBRECIPIENT
18 under this Agreement on any one or more occasions is not a waiver of performance of any continuing or
19 other obligation of SUBRECIPIENT and does not prohibit enforcement by COUNTY of any obligation on
20 any other occasion.
21 47. DISPUTES
22 In the event of any dispute, claim, question, or disagreement arising from or relating to this
23 agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute,
24 claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good
25 faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to
26 both parties. During this time, the parties will continue meeting their contract responsibilities. If the
27 parties do not reach such solution within a period of 60 days, then the parties may take whatever action
28 is available to them by law.
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1 48. SEVERABILITY
2 If anything in this Agreement is found by a court of competent jurisdiction to be unlawful or
3 otherwise unenforceable, the balance of this Agreement remains in effect, and the parties shall make
4 best efforts to replace the unlawful or unenforceable part of this Agreement with lawful and enforceable
5 terms intended to accomplish the parties' original intent.
6 49. CONSTRUCTION
7 The final form of this Agreement is the result of the parties' combined efforts. If anything in this
8 Agreement is found by a court of competent jurisdiction to be ambiguous, that ambiguity shall not be
9 resolved by construing the terms of this Agreement against either party.
10 50. DAYS
11 Unless otherwise specified, "days" means calendar days.
12 51. ENTIRE AGREEMENT
13 This Agreement, including its exhibits, constitutes the entire agreement between the
14 SUBRECIPIENT and COUNTY with respect to the subject matter hereof and supersedes all previous
15 negotiations, proposals, commitments, writings, advertisements, publications, and understanding of any
16 nature whatsoever unless expressly included in this Agreement. If there is any inconsistency between
17 the terms of this Agreement without its exhibits and the terms of the exhibits, then the inconsistency will
18 be resolved by giving precedence first to the terms of this Agreement without its exhibits, and then to the
19 terms of the exhibits.
20
21
22 ///
23 ///
24
25
26
27 ///
28 ///
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1 The parties are executing this Agreement on the date stated in the introductory clause.
2 SUBRECIPIENT: COUNTY OF FRESNO:
3
MENTAL HEALTH SYSTEMS, INC. COUNTY OF FRESNO
4 Manuel M. Digitally signed by ManuelM.
Vilanova
5 ',7awes C CaGWhan 2 Vilanova Date:2023.12.14 15:07:24-08'00'
roes C Callaghan Jr(Oct 31,2(17_3 13:53 EDT) Manuel Vilanova,ISD Deputy Director on behalf of Gary Cornuelle
6 Chief Executive Officer Gary Cornuelle
Purchasing Manager
7
t hLC.G/�-mB�
8
Chief Financial Officer
9
10 Mailing Address:
9465 Farnham Street,
11 San Diego, CA 92123
12 Phone No: (858) 573-2600
13
14 FOR ACCOUNTING USE ONLY:
Fund/Subclass: 0001/10000
15 ORG No.: 56107114
Account No.:7870
16
17 SB:gv
18
19
20
21
22
23
24
25
26
27
28
-24-
Exhibit A
P-23-61Page 1 of 59
SCO ID: Mental Health System Inc.
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES Agreemen t rb. 22-047
STANDARD AGREEMENT I AGREEMENTNUMBER PURCHASING AUTHORITYNUMBER(If Applicable)
STD 213(Rev.04/2020) 22-HHAP-10015 010725
1.This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Business,Consumer Services and Housing Agency
CONTRACTOR NAME
County of Fresno
2.The term of this Agreement is:
START DATE
9/1/2022
THROUGH END DATE
10/1/2026
3.The maximum amount of this Agreement is:
$1,682,630.50(One Million Six Hundred Eighty Two Thousand Six Hundred Thirty Dollars and Fifty Cents)
4.The parties agree to comply with the terms and conditions of the following exhibits,which are by this reference made a part of the Agreement.
Exhibits Title Pages
ExhibitA Authority,Purpose and Scope of Work 8
Exhibit B Budget Detail and Disbursement Provisions 2
Exhibit C Homeless Coordinating and Financing Council General Terms and Conditions 8
Exhibit D Special Terms and Conditions 2
Exhibit E State of California General Terms and Conditions 1
Exhibit F Standard Agreement to Apply 5
Items shown with on asterisk('),are hereby incorporated by reference and made part of this agreementas if attached hereto.
These documents can be viewed at httos.//www.das.ca.aov/OLS/Resources
IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BYTHE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.)
County of Fresno
CONTRACTOR BUSINESS ADDRESS CITY STATE JZIP
P.O.Box 1912 Fresno CA 93718
PRINTED NAME OF PERSON SIGNING TITLE
Brian Pacheco Chairman,County of Fresno Board of Supervisors
CONTRACT R A HORIZED SIGNATURE DATE SIGNED
` J- z.
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno, State of
California
By 4fVA,4 �
Deputy
Page 1 of 2
Exhibit A
SCOID: P-23-§Vge 2 of 59
Mental Health System Inc.
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT I AGREEMENT NUMBER I PURCHASING AUTHORITY NU MBER(If Applicable)
STD 213(Rev.04/2020) 22-HHAP-10015 010725
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Business,Consumer Services and Housing Agency
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
915 Capitol Mall,Suite 350-A Sacramento CA 95814
PRINTED NAME OF PERSON SIGNING TITLE
Lourdes Castro Ramirez Secretary
CONTRACTING A NCY AUTH IZED! NATURE DATE SIGNED
CALIF07 A DEPART ENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable)
Page 2 of 2
Exhibit A
P-23-6RSge 3 of 59
Mental Health System Inc.
Fresno County
22-HHAP-10015
Page 1 of 26
Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement
Initial Disbursement Contract for Funds
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
1) Authority
The State of California has established the Homeless Housing, Assistance, and
Prevention Program Round 3 ("HHAP-3" or "Program") pursuant to Chapter 6
(commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety
Code. (Amended by Stats. 2021, Ch. 111, Sec. 4. (AB 140) Effective July 19. 2021.)
The Program is administered by the California Homeless Coordinating and
Financing Council ("HCFC") in the Business, Consumer Services and Housing
Agency ("Agency"). HHAP-3 provides flexible block grant funds
to Continuums of Care, large cities (population of 300,000+) and counties to build on
the regional coordination created through previous HCFC grant funding and support
local jurisdictions in their unified regional responses to reduce and end
homelessness.
This Standard Agreement/Initial Disbursement Contract for Funds along with all its
exhibits ("Agreement") is entered into by the Agency and a Continuum of
Care, a city, or a county ("Grantee") under the authority of, and in furtherance of the
purpose of, the Program. In signing this Agreement and thereby accepting this
award of funds, the Grantee agrees to comply with the terms and conditions of this
Agreement, the Standard Agreement to Apply signed and submitted by the Grantee
(Exhibit F), and the requirements appearing in the statutory authority for the Program
cited above.
2) Purpose
The general purpose of the Program is to continue to build on regional coordination
developed through previous rounds of funding of the Homelessness Emergency Aid
Program (Chapter 5 (commencing with Section 50210)), the program established
under this chapter, and COVID-19 funding to reduce homelessness. This funding
shall:
a) Continue to build regional collaboration between continuums of care, counties,
and cities in a given region, regardless of population, and ultimately be used to
develop a unified regional response to homelessness.
b) Be paired strategically with other local, state, and federal funds provided to
address homelessness in order to achieve maximum impact. Grantees of this
funding are encouraged to reference Putting the Funding Pieces Together: Guide
d
Initial
Exhibit A
P-23-6�age 4 of 59
Mental ealth System Inc.
resno County
22-HHAP-10015
Page 2 of 26
to Strategic Uses of New and Recent State and Federal Funds to Prevent and
End Homelessness in their planning efforts.
c) Be deployed with the goal of reducing the number of people experiencing
homelessness in a given region through investing in long-term solutions, such as
permanent housing.
d) Include the State as an integral partner through the provision of technical
assistance, sharing of best practices, and implementing an accountability
framework to guide the structure of current and future state investments.
In accordance with the authority cited above, a Standard Agreement to Apply was
submitted by the Grantee for the initial disbursement of HHAP-3 funds to be
allocated to the Grantee pursuant to Health and Safety Code 50220.7(a)(4)(A),
3) Definitions
The following HHAP-3 program terms are defined in accordance with Health
and Safety Code section 50216, subdivisions (a) — (r):
a) "Agency" means the Business, Consumer Services, and Housing Agency.
b) "Applicant' means a Continuum of Care, city, or county.
c) "City' means a city or city and county that is legally incorporated to provide local
government services to its population. A city can be organized either under the
general laws of this state or under a charter adopted by the local voters.
d) "Continuum of Care" means the same as defined by the United States
Department of Housing and Urban Development at Section 578.3 of Title 24 of the
Code of Federal Regulations.
e) "Coordinated Entry System" means a centralized or coordinated process
developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations,
as that section read on January 10, 2019, designed to coordinate homelessness
program participant intake, assessment, and provision of referrals. In order to satisfy
this subdivision, a centralized or coordinated assessment system shall cover the
geographic area, be easily accessed by individuals and families seeking housing or
services, be well advertised, and include a comprehensive and standardized
assessment tool.
f) "Council" means the Homeless Coordinating and Financing Council created
pursuant to Section 8257 of the Welfare and Institutions Code.
g) "Emergency shelter" has the same meaning as defined in subdivision (e) of
Section 50801.
Initial
Exhibit A
P-23-615Page 5 of 59
Mental F�ealth Sy
tem Inc.
rFresno ounty
22-HHAP-10015
Page 3 of 26
h) "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the
Code of Federal Regulations, as that section read on January 10, 2019.
i) "Homeless Management Information System" means the information system
designated by a Continuum of Care to comply with federal reporting requirements as
defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term
"Homeless Management Information System" also includes the use of a comparable
database by a victim services provider or legal services provider that is permitted by
the federal government under Part 576 of Title 24 of the Code of Federal
Regulations.
j) "Homeless point-in-time count" means the 2019 homeless point-in-time count
pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations. A
jurisdiction may elect to instead use their 2017 point-in-time count if they can
demonstrate that a significant methodology change occurred between the 2017 and
2019 point-in-time counts that was based on an attempt to more closely align the
count with HUD best practices and undertaken in consultation with HUD
representatives. A jurisdiction shall submit documentation of this to the agency by
the date by which HUD's certification of the 2019 homeless point-in-time count is
finalized. The agency shall review and approve or deny a request described in the
previous sentence along with a jurisdiction's application for homeless funding.
k) "Homeless youth" means an unaccompanied youth between 12 and 24 years of
age, inclusive, who is experiencing homelessness, as defined in subsection (2) of
Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C.
Sec. 11434a(2)). "Homeless youth" includes unaccompanied youth who are
pregnant or parenting.
1) "Housing First" has the same meaning as in Section 8255 of the Welfare and
Institutions Code, including all of the core components listed therein.
m) "Jurisdiction" means a city, city that is also a county, county, or Continuum of
Care, as defined in this section.
n) "Navigation center" means a Housing First, low-barrier, service-enriched shelter
focused on moving homeless individuals and families into permanent housing that
provides temporary living facilities while case managers connect individuals
experiencing homelessness to income, public benefits, health services, shelter, and
housing.
o) "Program" means the Homeless Housing, Assistance, and Prevention program
established pursuant to this chapter.
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.
I'lP
Initial
Exhibit A
P-230AA e 6 of 59
Mental Health System Inc.
Fresno County
22-HHAP-10015
Page 4 of 26
2) "Round 2" of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1, 2020.
3) "Round 3" of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1, 2021.
4) "Round 4" of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1, 2022.
p) "Program allocation" means the portion of program funds available to expand or
develop local capacity to address immediate homelessness challenges.
q) "Recipient" means a jurisdiction that receives funds from the agency for the
purposes of the program.
r) "Tribe" or "tribal applicant' means a federally recognized tribal government
pursuant to Section 4103 of Title 25 of the United States Code.
Additional definitions for the purposes of the HHAP-3 program:
"Obligate" means that the Grantee has placed orders, awarded contracts, received
services, or entered into similar transactions that require payment using HHAP-3
funding. Grantees, and the subrecipients who receive awards from those Grantees,
must obligate the funds by the statutory deadlines set forth in this Exhibit A.
"Expended" means all HHAP-3 funds obligated under contract or subcontract have
been fully paid and receipted, and no invoices remain outstanding.
4) Scope of Work
The Scope of Work ("Work") for this Agreement shall include uses that
are consistent with Health and Safety Code (HSC) section 50218.6, subdivision (e),
and section 50220.7, subdivisions (a)(4)-(5) & (f), and any other applicable laws.
By accepting these funds, the Grantee acknowledges that this initial disbursement of
funds is a portion of their total allocation under the HHAP-3 Program, to be used
solely for the purposes outlined below, and that in order to receive the remaining
balance of its HHAP-3 program allocation, an applicant shall submit an application to
the council by June 30, 2022, that includes a local homelessness action plan and
specific outcome goals in accordance with the requirements laid out in HSC §
50220.7(b).
The Grantee may expend this initial disbursement of funds to complete the local
homelessness action plan, required by HSC § 50220.7(b)(3)(A), including paying for
any technical assistance or contracted entities to support the completion of the
homelessness action plan.
Initial
Exhibit A
P-23-6P%' e 7 of 59
Mental loglwyneurr qC.
22-HHAP-10015
Page 5 of 26
For funds not spent on the Grantee's homelessness action plan, priority for these
initial funds shall be for systems improvement, including, but not limited to, all of the
following:
A) Capacity building and workforce development for service providers within the
jurisdiction, including removing barriers to contracting with culturally specific service
providers and building capacity of providers to administer culturally specific services.
B) Funding existing evidence-based programs serving people experiencing
homelessness.
C) Investing in data systems to meet reporting requirements or strengthen the
recipient's Homeless Management Information System.
D) Improving homeless point-in-time counts.
E) Improving coordinated entry systems to eliminate racial bias or to create a youth-
specific coordinated entry system.
For any remaining funds not spent on the Grantee's homelessness action plan or
systems improvement, the Grantee shall expend funds on existing evidence-based
programs serving people experiencing homelessness among eligible populations,
including any of the following eligible uses:
a) Rapid rehousing, including rental subsidies and incentives to landlords, such as
security deposits and holding fees.
b) Operating subsidies in new and existing affordable or supportive housing units,
emergency shelters, and navigation centers. Operating subsidies may include
operating reserves.
c) Street outreach to assist persons experiencing homelessness to access
permanent housing and services.
d) Services coordination, which may include access to workforce, education, and
training programs, or other services needed to promote housing stability in
supportive housing.
e) Systems support for activities necessary to create regional partnerships and
maintain a homeless services and housing delivery system, particularly for
vulnerable populations including families and homeless youth.
f) Delivery of permanent housing and innovative housing solutions, such as hotel
and motel conversions.
g) Prevention and shelter diversion to permanent housing, including rental
subsidies.
Vl�
Initial
Exhibit A
P-23-61Page 8 of 59
Mental fresnSYC�oun�yc
22-HHAP-10015
Page 6 of 26
h) New navigation centers and emergency shelters based on demonstrated need.
Demonstrated need for purposes of this paragraph shall be based on the
following:
i) The number of available shelter beds in the city, county, or region served by a
Continuum of Care.
ii) The number of people experiencing unsheltered homelessness in the
homeless point-in-time count.
iii) Shelter vacancy rate in the summer and winter months.
iv) Percentage of exits from emergency shelters to permanent housing solutions.
v) A plan to connect residents to permanent housing.
vi) Any new interim sheltering funded by HHAP-3 funds must be low barrier,
comply with Housing First as provided in Chapter 6.5 (commencing with Section
8255) of Division 8 of the Welfare and Institutions Code, and prioritize
interventions other than congregate shelters.
i) Improvements to existing emergency shelters to lower barriers and increase
privacy.
In addition to the funding use requirements described above, the Grantee's
expenditure of its entire HHAP-3 allocation must also comply with the following
a) At least 10 percent of the funds shall be spent on services for homeless youth
populations.
b) Not more than 7 percent of funds may be used for administrative costs incurred
by the city, county, or continuum of care to administer its program allocation. For
purposes of this Agreement, "administrative costs" does not include staff or other
costs directly related to implementing activities funded by the program allocation.
5) Agency Contract Coordinator
The Agency's Contract Coordinator for this Agreement is the Council's Grant
Director or the Grant Director's designee. Unless otherwise instructed, any notice,
report, or other communication requiring an original Grantee signature for this
Agreement shall be mailed to the Agency Contract Coordinator. If there are
opportunities to send information electronically, Grantee will be notified via email by
the Council's Grant Director or the Grant Director's designee.
Initial
Exhibit A
P-23-61Page 9 of 59
Mental �erest noyCtem ounInc.
22-HHAP-10015
Page 7 of 26
The Representatives during the term of this Agreement will be:
PROGRAM GRANTEE
ENTITY: Business Consumer Services and County of Fresno
Housing Agency
SECTION/UNIT: Homeless Coordinating and
Financing Council (HCFC)
ADDRESS: 915 Capitol Mall Suite 350-A P.O Box 1912 Fresno, CA 93718
Sacramento, CA, 95814
CONTRACT Victor Duron Laura Moreno
COORDINATOR
PHONE NUMBER: (916) 510-9442 (559) 600-2335
EMAIL ADDRESS: Victor.DLiron@bcsh.ca.gov bcsh.ca.gov Ihaga@fresnocountyca.gov
All requests to update the Grantee information listed within this Agreement shall be
emailed to the HHAP Program's general email box at hhap@bcsh.ca.gov. The
Council reserves the right to change their representative and/or contact information
at any time with notice to the Grantee.
6) Effective Date, Term of Agreement, and Deadlines
a) This Agreement is effective upon approval by the Agency (indicated by the
signature provided by Agency in the lower left section of page one, Standard
Agreement, STD. 213), when signed by all parties.
b) This Agreement shall terminate on October 1, 2026, or upon delivery of the
HHAP-3 final report required by HSC § 50223(b), whichever is sooner.
c) Grantee shall submit an application for the remainder of their HHAP-3 allocation
by June 30, 2022 in compliance with HSC § 50220.7(b).
d) Grantee shall report on the activities funded pursuant this Agreement in the first
expenditure report submitted to the Council after disbursement of the reraining
funds, as required by HSC §§ 50221 and 50223.
e) Grantees that are cities or continuums of care shall contractually obligate no less
than 50 percent of HHAP-3 funds by May 31, 2024. If less than 50 percent is
obligated after May 31 , 2024, continuums of care and cities shall not expend any
remaining portion of the 50 percent of program allocations required to have been
obligated unless and until both of the following occur:
d
Initial
Exhibit A
P-23-605;ge 10 of 59
Mental ftsnoyGsountlyc.
22-HHAP-10015
Page 8 of 26
i) On or before June 30, 2024, the Grantee submits an alternative disbursement
plan to HCFC that includes an explanation for the delay.
ii) HCFC approves the alternative disbursement plan or provides the Grantee
with guidance on the revisions needed in order to approve the alternative
disbursement plan.
iii) If the funds identified in the approved alternative disbursement plan are
not fully expended by December 31 , 2024, the funds shall be returned to the
HCFC to be allocated as bonus awards.
f) Grantees that are counties shall contractually obligate the full
allocation (100 percent) awarded to them by May 31 , 2024. Any funds that are
not contractually obligated by this date shall be reverted to the Continuum of
Care that serves the county. Specific to Los Angeles County, funds that are not
contractually obligated by this date shall be divided proportionately using the
HHAP-3 funding allocation formula among the four CoC's that serve Los Angeles
County: City of Glendale CoC, City of Pasadena CoC, the City of Long
Beach CoC, and the Los Angeles Homeless Services Authority.
Counties not obligating their full program allocation by May 31 , 2024 are required
to notify HCFC, on or before that date, of the name of the CoC(s) in which the
county is served, and the amount of program funds that will be reverted to
the CoC(s). By June 30, 2024, the county shall provide HCFC with evidence that
the funds were transferred and submit an updated budget that clearly identifies
the funds that were transferred.
g) Grantees that do not meet the expenditure deadlines in HSC § 50220.7(k) shall
not be eligible for bonus funding.
h) HHAP-3 funds shall be expended by June 30, 2026
i) In accordance with Health and Safety Code section 50220.5, subdivision (1),
HCFC retains the right to require a corrective action plan of grantees that are not
on track to fully expend funds by the statutorily required deadline.
j) Any funds not expended by June 30, 2026 shall be available for round 4 of the
program pursuant to HSC § 50218 7.
7) Special Conditions
Agency reserves the right to add any special conditions to this Agreement it deems
necessary to ensure that the goals of the Program are achieved.
Initial
Exhibit A
P-20§b� 11 of 59
Mental filth Syetem�nc.
resno oun y
22-HHAP-10015
Page 9 of 26
Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement
EXHIBIT B
BUDGET DETAIL and DISBURSEMENT PROVISIONS
1) Budget Detail & Changes
The Grantee agrees that HHAP-3 funds shall be expended on uses that support
regional coordination and expand or develop local capacity to address immediate
homelessness challenges. Such activities must be informed by a best-practices
framework focused on moving people experiencing homelessness into permanent
housing and supporting the efforts of those individuals and families to maintain their
permanent housing.
The Grantee shall expend this initial disbursement of HHAP-3 funds on eligible
activities as detailed in Health and Safety Code Section 50220.7, subdivisions
(a)(4)(13), (a)(5), (e), and (f).
2) General Conditions Prior to Disbursement
Ali Grantees must submit the following forms prior to HHAP-3 funds being released:
• Request for Funds Form ("RFF")
• STD 213 Standard Agreement form and initialed Exhibits A through F
• STD 204 Payee Data Record or Government Agency Taxpayer ID Form
3) Disbursement of Funds
HHAP-3 funds will be disbursed to the Grantee upon receipt, review and approval of
the completed Standard Agreement and RFF by Agency, the Department of General
Services (DGS) and the State Controller's Office (SCO).
The RFF must include the proposed eligible uses and the amount of funds proposed
for expenditure under each eligible use. This initial disbursement of HHAP-3 funds
will be disbursed in one allocation via mailed check once the RFF has been received
by the SCO. Checks will be mailed to the address and contact name listed on the
RFF. Grantee agrees that in order to receive the remaining balance of the allocation
awarded to them pursuant HSC § 50218.6(a)(1), Grantee must submit an application
that meets the requirements of HSC § 50220.7(b) and this application must be
approved by HCFC prior to a second disbursement of funds. Additionally, Grantee
will be required to enter into a separate Standard Agreement in order to receive their
remaining allocation.
Initial
Exhibit A
P-23FBd§e 12 of 59
Mental F �ISt1�1 S �eurr�4
22-HHAP-10015
Page 10 of 26
4) Expenditure of Funds
This initial disbursement of HHAP-3 funds must be spent in accordance with HSC
sections 50218.6(e) and 50220.7, subdivisions (a)(4)(B), (a)(5), (e), and (0, as
described in Exhibit A, Section 4 "Scope of Work".
5) Ineligible Costs
HHAP-3 funds shall not be used for costs associated with activities in violation of
any law or for any activities not consistent with the intent of the Program and
the eligible uses identified in Health and Safety Code section 50220.7, subdivisions
(a)(4)(B), (a)(5), (e), and (f).
HCFC reserves the right to request additional clarifying information to determine the
reasonableness and eligibility of all uses of the funds made available by this
Agreement. If the Grantee or its funded subrecipients use HHAP-3 funds to pay
for ineligible activities, the Grantee shall be required to reimburse these funds
to Agency.
An expenditure which is not authorized by this Agreement, or by written approval of
the Grant Manager or his/her designee, or which cannot be adequately documented,
shall be disallowed and must be reimbursed to Agency by the Grantee.
HCFC, at its sole and absolute discretion, shall make the final determination
regarding the allowability of HHAP-3 fund expenditures.
Program funds shall not be used to supplant existing local funds for homeless
housing, assistance, or prevention.
Reimbursements are not permitted in HHAP-3 for any expenditures prior to the date
of execution of this Agreement.
Initial
P 2 E�c1f i b i t A
Mental ealth Sy tem'-I'W' 13 of 59
Fresno County
22-HHAP-10015
Page 11 of 26
Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1) Termination and Sufficiency of Funds
a) Termination of Agreement
Agency may terminate this Agreement at any time for cause by giving a minimum
of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist
of violations of any conditions of this Agreement, any breach of contract as
described in paragraph 6 of this Exhibit C; violation of any federal or state laws;
or withdrawal of Agency's expenditure authority. Upon termination of this
Agreement, unless otherwise approved in writing by Agency, any unexpended
funds received by the Grantee shall be returned to Agency within 30 days
of Agency's notice of termination.
b) Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are rnade
available to Agency by legislative appropriation. In addition, this Agreement is
subject to any additional restrictions, limitations or conditions, or statutes,
regulations or any other laws, whether federal or those of the State of California,
or of any agency, department, or any political subdivision of the federal or State
of California governments, which may affect the provisions, terms or funding of
this Agreement in any manner.
2) Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other
means, the rights, duties, or performance of this Agreement or any part thereof,
except as allowed within Exhibit C Section 12 (Special Conditions — Grantees/Sub
Grantee) or with the prior written approval of HCFC and a formal amendment to this
Agreement to affect such subcontract or novation.
3) Grantee's Application for Funds
Pursuant to HSC § 50220.7(a)(1), Grantee is required to submit to HCFC an
application for the remainder of their HHAP-3 allocation to support regional
coordination and expand or develop local capacity to address its immediate
homelessness challenges.
Initial
Exhibit A
P-23-60,ge 14 of 59
Mental Vresno ountlyc.
22-HHAP-10015
Page 12 of 26
4) Reporting/Audits
a) Reporting Requirements
i) Activities funded under this Agreement shall be reported on in the first
expenditure report submitted to HCFC following the disbursement of the
remaining funds. If the Grantee fails to provide such documentation, HCFC
may recapture any portion of the amount authorized by this Agreement with a
14-day written notification.
ii) Grantee is also required to comply with the reporting requirements in HSC §
50221 and 50223, as applicable
b) Auditing
Agency reserves the right to perform or cause to be performed a financial audit.
At Agency request, the Grantee shall provide, at its own expense, a financial
audit prepared by a certified public accountant. HHAP-3 administrative funds
may be used to fund this expense. Should an audit be required, the Grantee shall
adhere to the following conditions:
i) The audit shall be performed by an independent certified public accountant.
ii) The Grantee shall notify Agency of the auditor's name and address
immediately after the selection has been made. The contract for the audit
shall allow access by Agency to the independent auditor's working papers.
iii) The Grantee is responsible for the completion of audits and all costs of
preparing audits.
iv) If there are audit findings, the Grantee must submit a detailed response
acceptable to Agency for each audit finding within 90 days from the date of
the audit finding report.
5) Inspection and Retention of Records
a) Record Inspection
HCFC or its designee shall have the right to review, obtain, and copy all records
and supporting documentation pertaining to performance under this Agreement.
The Grantee agrees to provide HCFC, or its designee, with any relevant
information requested. The Grantee agrees to give HCFC or its designee access
to its premises, upon reasonable notice and during normal business hours, for
the purpose of interviewing employees who might reasonably have information
related to such records, and of inspecting and copying such books, records,
accounts, and other materials that may be relevant to
an investigation of compliance with the Homeless Housing, Assistance, and
Prevention Program laws, the HHAP-3 program guidance document published
on the website, and this Agreement.
Initial
Exhibit A
P-23-�Vge 15 of 59
Mental loglsh, �Yneum19C.
22-HHAP-10015
Page 13 of 26
In accordance with Health and Safety Code section 50220.7, subdivision (m), if
upon inspection of records HCFC identifies noncompliance with grant
requirements. HCFC retains the right to impose a corrective action plan on the
Grantee.
b) Record Retention
The Grantee further agrees to retain all records described in subparagraph A for
a minimum period of five (5)years after the termination of this Agreement.
If any litigation, claim, negotiation, audit, monitoring, inspection or other action
has been commenced before the expiration of the required record retention
period, all records must be retained until completion of the action and resolution
of all issues which arise from it.
6) Breach and Remedies
a) Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
i) Grantee's failure to comply with the terms or conditions of this Agreement.
ii) Use of, or permitting the use of, HHAP-3 funds provided under this
Agreement for any ineligible activities.
iii) Any failure to comply with the deadlines set forth in this Agreement.
b) Remedies for Breach of Agreement
In addition to any other remedies that may be available to Agency in law or equity
for breach of this Agreement, Agency may:
i) Bar the Grantee from applying for future HHAP funds;
ii) Revoke any other existing HHAP-3 award(s) to the Grantee;
iii) Require the return of any unexpended HHAP-3 funds disbursed under this
Agreement;
iv) Require repayment of HHAP-3 funds disbursed and expended under this
Agreement;
v) Require the immediate return to Agency of all funds derived from the use of
HHAP-3 funds
vi) Seek, in a court of competent jurisdiction, an order for specific performance of
the defaulted obligation or participation in the technical assistance in
accordance with HHAP-3 requirements.
c) All remedies available to Agency are cumulative and not exclusive.
Initial
ibit A
P-23- age 16 of 59
Mental �relsnoyCSoun yc-
22-HHAP-10015
Page 14 of 26
d) Agency may give written notice to the Grantee to cure the breach or
violation within a period of not less than 15 days.
7) Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior
or subsequent breach. The failure of Agency to enforce at any time the provisions of
this Agreement, or to require at any time, performance by the Grantee of these
provisions, shall in no way be construed to be a waiver of such provisions nor to
affect the validity of this Agreement or the right of Agency to enforce
these provisions.
8) Nondiscrimination
During the performance of this Agreement, Grantee and its subrecipients shall not
unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex (gender), sexual orientation, gender
identity, gender expression, race, color, ancestry, religion, creed, national origin
(including language use restriction), pregnancy, physical disability (including HIV and
AIDS), mental disability, medical condition (cancer/genetic characteristics), age
(over 40), genetic information, marital status, military and veteran status, and denial
of medical and family care leave or pregnancy disability leave. Grantees and Sub
grantees shall ensure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment.
Grantee and its subrecipients shall comply with the provisions of California's laws
against discriminatory practices relating to specific groups: the California Fair
Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations
promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the
provisions of Article 9.5, Chapter 1, Part 1 , Division 3, Title 2 of the Government
Code (Gov. Code, §§ 11135 - 11139.5). Grantee and its subrecipients shall give
written notice of their obligations under this clause to labor organizations with which
they have a collective bargaining or other agreement.
9) Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. For
instance, Health and Safety Code section 50220.5, subdivision (i) states, " For
purposes of Section 1090 of the Government Code, a representative of a county
serving on a board, committee, or body with the primary purpose of administering
funds or making funding recommendations for applications pursuant to this chapter
shall have no financial interest in any contract, program, or project voted on by the
board, committee, or body on the basis of the receipt of compensation for holding
public office or public employment as a representative of the county."
Failure to 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
r
r'1�
Initial
Exhibit A
P-23-6 %ge 17 of 59
Mental Health System Inc.
Fresno County
22-HHAP-10015
Page 15 of 26
statutes include, but are not limited to, Government Code section 1090 and Public
Contract Code sections 10410 and 10411.
a) Current State Employees: No State officer or employee shall engage in any
employment, activity, or enterprise from which the officer or employee receives
compensation or has a financial interest, and which is sponsored or funded by
any State agency, unless the employment, activity, or enterprise is required as a
condition of regular State employment. No State officer or employee shall
contract on his or her own behalf as an independent Grantee with any State
agency to provide goods or services.
b) Former State Employees: For the two-year period from the date he or she left
State employment, no former State officer or employee may enter into a contract
in which he or she engaged in any of the negotiations, transactions, planning,
arrangements, or any part of the decision-making process relevant to the
contract while employed in any capacity by any State agency. For the twelve-
month period from the date he or she left State employment, no former State
officer or employee may enter into a contract with any State agency if he or she
was employed by that State agency in a policy-making position in the same
general subject area as the proposed contract within the twelve-month period
prior to his or her leaving State service.
c) Employees of the Grantee: Employees of the Grantee shall comply with all
applicable provisions of law pertaining to conflicts of interest, including but not
limited to any applicable conflict of interest provisions of the Political Reform
Act of 1974 (Gov. Code, § 81000 et seq.).
d) Representatives of a County: A representative of a county serving on a board,
committee, or body with the primary purpose of administering funds or making
funding recommendations for applications pursuant to this chapter shall have no
financial interest in any contract, program, or project voted on by the board,
committee, or body on the basis of the receipt of compensation for holding public
office or public employment as a representative of the county.
10)Druq-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies,
under penalty of perjury under the laws of State of California, that it and its
subrecipients will comply with the requirements of the Drug-Free Workplace Act of
1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by
taking the following actions:
Publish a statement notifying employees and subrecipients that unlawful
manufacture distribution, dispensation, possession, or use of a controlled substance
is prohibited and specifying actions to be taken against employees, Grantees, or
subrecipients for violations, as required by Government Code section 8355,
subdivision (a)(1).
1W
Initial
Exhibit A
P-231§1 ge 18 of 59
Mental alth Sy tem Inc.
resno County
22-HHAP-10015
Page 16 of 26
a) Establish a Drug-Free Awareness Program, as required by Government Code
section 8355, subdivision (a)(2) to inform employees, Grantees, or
subrecipients about all of the following:
i) The dangers of drug abuse in the workplace;
ii) Grantee's policy of maintaining a drug-free workplace;
iii) Any available counseling, rehabilitation, and employee assistance program;
and
iv) Penalties that may be imposed upon employees, Grantees, and
subrecipients for drug abuse violations.
b) Provide, as required by Government Code section 8355, subdivision (a)(3), that
every employee and/or subrecipient that works under this Agreement:
i) Will receive a copy of Grantee's drug-free policy statement, and
ii) Will agree to abide by terms of Grantee's condition of employment or
subcontract.
11)Child Support Compliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in
accordance with Public Contract Code 7110, that:
a) The Grantee recognizes the importance of child and family support obligations
and shall fully comply with all applicable state and federal laws relating to child
and family support enforcement, including, but not limited to, disclosure of
information and compliance with earnings assignment orders, as provided in
Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family
Code; and
b) The Grantee, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
12)Special Conditions — Grantees/Subgrantee
The Grantee agrees to comply with all conditions of this Agreement including
the Special Conditions set forth in Exhibit D. These conditions shall be met to the
satisfaction of Agency prior to disbursement of funds. The Grantee shall ensure that
all Subgrantees are made aware of and agree to comply with all the conditions of
Initial
P-23-FM�i bit A
Mental Health System Ir�cge 19 of 59
Fresno County
22-HHAP-10015
Page 17 of 26
this Agreement and the applicable State requirements governing the use of HHAP-3
funds. Failure to comply with these conditions may result in termination of this
Agreement.
a) The Agreement between the Grantee and any Subgrantee shall require
the Grantee and its Subgrantees, if any, to:
i) Perform the work in accordance with Federal, State and Local housing and
building codes, as applicable.
ii) Maintain at least the rninimum 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-3 program, the Grantee, its subrecipients, and
all eligible activities.
Grantee shall also be responsible for obtaining any and all permits, licenses, and
approvals required for performing any activities under this Agreement, including
those necessary to perform design, construction, or operation and maintenance of
the activities. Grantee shall be responsible for observing and complying with any
applicable federal, state, and local laws, rules or regulations affecting any such work,
specifically those including, but not limited to, environmental protection,
procurement, and safety laws, rules, regulations, and ordinances. Grantee shall
provide copies of permits and approvals to HCFC upon request.
14)Inspections
a) Grantee shall inspect any work performed hereunder to ensure that the work is
being and has been performed in accordance with the applicable federal, state
and/or local requirements, and this Agreement.
b) HCFC reserves the right to inspect any work performed hereunder to ensure that
the work is being and has been performed in accordance with the
applicable federal, state and/or local requirements, and this Agreement.
�r
Initial
Exhibit A
P-23 .Jbe 20 of 59
Mental Health System In
Fresno County
22-HHAP-10015
Page 18 of 26
c) Grantee agrees to require that all work that is determined based on such
inspections not to conform to the applicable requirements be corrected and to
withhold payments to the subrecipient until it is corrected.
15)Litigation
a) If any provision of this Agreement, or an underlying obligation, is held invalid by a
court of competent jurisdiction, such invalidity, at the sole discretion
of Agency, shall not affect any other provisions of this Agreement and the
remainder of this Agreement shall remain in full force and effect. Therefore, the
provisions of this Agreement are and shall be deemed severable.
b) The Grantee shall notify HCFC immediately of any claim or action undertaken by
or against it, which affects or may affect this Agreement or Agency, and shall take
such action with respect to the claim or action as is consistent with the terms of
this Agreement and the interests of Agency.
Initial
P-23�fPibit A
Mental Health System Ire 21 of 59
Fresno County
22-HHAP-10015
Page 19 of 26
Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1) All proceeds from any interest-bearing account established by the Grantee for the
deposit of HHAP-3 funds, along with any interest-bearing accounts opened
by subrecipients to the Grantee for the deposit of HHAP-3 funds, must be used for
HHAP-3-eligible activities and reported on as required by Agency.
2) Per Health and Safety Code Section 50220.7 (g), any housing-related activities
funded with HHAP-3 funds, including but not limited to emergency shelter (per HSC
§ 50220.7(e)(8)(F)), rapid-rehousing, rental assistance, transitional housing and
permanent supportive housing, must be in compliance or otherwise aligned with
the core components of Housing First, as described in Welfare and
Institutions Code section 8255, subdivision (b). Individuals and families assisted with
these funds must not be required to receive treatment or perform any other
prerequisite activities as a condition for receiving shelter, housing, or other services
for which these funds are used. In addition, HHAP-3 funding shall be used to adopt a
Housing First approach within the entire local homelessness response system,
including outreach and emergency shelter, short-term interventions like rapid re-
housing, and longer-term interventions like supportive housing.
3) Grantee shall utilize its local Homeless Management Information System (HMIS) to
track HHAP-3-funded projects, services, and clients served. Grantee will ensure that
HMIS data are collected in accordance with applicable laws and in such a way as to
identify individual projects, services, and clients that are supported by HHAP-3
funding (e.g., by creating appropriate HHAP-3-specific funding sources and project
codes in HMIS).
4) Grantee shall participate in and provide data elements, including, but not limited to,
health information, in a manner consistent with federal law, to the statewide
Homeless Management Information System (known as the Homeless Data
Integration System or "HDIS"), in accordance with their existing Data Use
Agreement entered into with the Council, if any, and as required by Health and
Safety Code section 50220.6. Any health information provided to, or maintained
within, the statewide Homeless Management Information System shall not be
subject to public inspection or disclosure under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code). For purposes of this paragraph, "health information" means
"protected health information," as defined in Part 160.103 of Title 45 of the Code of
Federal Regulations, and "medical information," as defined in subdivision Q) 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
U
Initial
P-23�W'it A
Mental Health System I4ge 22 of 59
Fresno County
22-HHAP-10015
Page 20 of 26
Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in
support of the Purpose of this Agreement and the existing Data Use Agreement.
5) Grantee agrees to accept technical assistance as directed by HCFC or by a
contracted technical assistance provider acting on behalf of HCFC and report to
HCFC on programmatic changes the grantee will make as a result of the technical
assistance and in support of their grant goals.
6) Grantee agrees to demonstrate a commitment to racial equity and, per Section
50222 (a)(2)(B), the grantee shall use data provided through HDIS to analyze racial
disproportionality in homeless populations and, in partnership with HCFC, establish
clear metrics and performance monitoring for achieving equity in provision of
services and outcomes for Black, Native, and Indigenous, Latinx, Asian, Pacific
Islanders and other People of Color who are disproportionately impacted by
homelessness and COVID-19.
7) Grantee should establish a mechanism for people with lived experience of
homelessness to have meaningful and purposeful opportunities to inform and shape
all levels of planning and implementation, including through opportunities to hire
people with lived experience.
Initial
Exhibit A
P-24AWe 23 of 59
Mental aIth Sy tem In
resnoounty
22-HHAP-10015
Page 21 of 26
Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement
EXHIBIT E
STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS
This exhibit is incorporated by reference and made part of this agreement. The General
Terms and Conditions (GTC 04/2017) can be viewed at the following link-
https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-
FINALaprii2017.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.
Initial
Exhibit A
P-23F6j6e 24 of 59
Mental Health System Inc.
Fresno County
22-HHAP-10015
Page 22 of 26
Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement
EXHIBIT F
STANDARD AGREEMENT TO APPLY
Initial
P-235fPibit A
Mental Health System Irpc
e 25 of 59
Fresno County
22-f-11HAP-10015
Business,Consumer Services and Housing Agency HOMELESS ILOPt Of 26
L!W Gavin Newsom,Governor I Lourdes M.Castro Ramirez,Secretary AND FINANCING �IJr CII
Agreement No. 21-409
Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement to Apply
HHAP-3 funding is provided pursuant to Health & Safety Code 50220.7(a) and requires all eligible
applicants to submit this Standard Agreement to Apply no later than 5:00pm on October 15,2021. In this
agreement, applicants must indicate whether they intend to apply for HHAP-3 funding jointly with on
overlapping jurisdiction or apply as on individual entity. For any eligible applicant who does not submit
an agreement by the deadline, HCFC may choose to re-allocate the applicant's allocation to an
overlapping jurisdiction I.
Eligible applicants applying jointly with an overlapping jurisdiction will designate one of the jointly
applying jurisdictions as the Administrative Entity which will enter into contract with the HCFC to
administer the combined allocations of the joint applicants. Applicants may only apply jointly with a
Continuum of Care (CoC), large city, or county that serves an overlapping region.The Administrative
Entity is required to submit a binding resolution or agreement that designates a single Administrative
Entity for the combined allocations and an explanation of how the jointly applying applicants will
administer the funds allocated to them pursuant to this section. This binding resolution or agreement
must be signed by the authorized representatives of all applicants and must be submitted with the
signed HHAP-3 Initial Disbursement Contract for Funding, separate from the Standard Agreement to
Apply.
By submitting this form, you agree to participate In the HHAP-3 application process as Indicated below
and comply with all requirements as set forth in Health and Safety Code 50220.7.
APPLICATION SUBMISSION INFORMATION
ALL APPLICANTS:
Eligible Applicant Jurisdiction
❑Large City: _ ❑✓ County: County of Fresno
❑ Continuum of Care: CoC Number:
Administrative Entity: County of Fresno
Contact Person: Laura Moreno
Title: Program Manager
Contact Phone Number: 559-600-2335
Contact Email Address: Ihaga@fresnoeountyca.gb
Individual or Joint Application Designation:
will submit an Individual application for HHAP-3
funding
f./I County of Fresno will submit a joint application for HHAP-3 funding
with the following overlapping jurisdiction(s):
' For the purposes of the HHAP program, overlapping jurisdictions are eligible applicants that are locatedwithin the
some geographic area as the local CoC,
11HAP-3 Agreement to Apply 1
Published 9/15/2021
Initial
P 2tVit A
Mental Health System (n2e 26 of 59
Fresno County
22-HHAP-10015
Jurisdiction Name Applicant Type (County, 9,eo i
Fresno Madera Continuum of Care Coc
JOINT APPLICANTS ONLY:
Fund Disbursement/Contract Execution
The jointly applying jurisdictions designate the following jurisdiction as the Administrative Entity of the
total combined allocations and acknowledge that the Administrative Entity will enter into legal
agreement with HCFC and receive any disbursements for which the jointly applying jurisdictions may be
deemed eligible.
Administrative Entity:
❑CoC ❑Large City RlCounty
Name of Applicant: County of Fresno
Joint Applicants agree to the following:
l. Joint Applicants must designate a single Administrative Entity to receive the entire combined HHAP-
3 allocations.
2. The Administrative Entity must be a CoC, large city (if applicable), or county that serves the some
region.
3. The Administrative Entity receiving allocations on behalf of joint applicants shall use the funds in the
jurisdiction(s) entitled to the funds or to provide regional housing or services that serve the
population living in each of the jurisdictions) entitled to the funds.
4. The Administrative Entity is responsible for complying with all program expenditure requirements and
deadlines for the total combined allocations it is administering.
5. The Administrative Entity must enter into a binding resolution or agreement with joint applicants to
designate the Administrative Entity for the combined allocations which includes an explanation of
how the jointly applying applicants will administer the funds allocated to them. This binding
resolution or agreement must be signed by authorized representatives and will be included with the
contract for funds.
6. The HHAP-3 joint application will clearly identify the intended use of all the funds from each jointly
applying jurisdiction.
7. The HHAP-3 joint application will clearly describe in detail the collaboration between the jointly
applying jurisdictions and an explanation of how the jointly applying jurisdictions will partner to meet
their program goals.
8. The performance goals set in the HHAP-3 joint application will be used to determine the joint
applicants' eligibility for future bonus funding.
HHAP-3 Agreement to Apply ^�2
Published 9/15/2021 r1
Initial
I
P-23- bit Aa e 27 of 59
Mental Health System Incc3
Fresno County
22-HHAP-10015
Page 25 of 26
HHAP-3 APPLICATION REQUIREMENTS
Application Requirements—ALL APPLICANTS:
By initialing below, the eligible applicants) acknowledges their intent to participate in the HHAP-3
application process as follows:
the eligible applicants) will receive an Initial disbursement equaling no more than 20% (or 25%
for joi ly applying applicants) of their total allocation if this Agreement to Participate is submilted by
5:00pm on October 15, 2021 per HSC 50220.7(a)(4)(A)(ii).
Initial funds may be used to complete the local homeless action plan, as required by HSC
50220. (b)(3)(A), including paying for any technical assistance or contracted entities to support the
completion of the homelessness action plan.
As stated in HSC § 50220.7(a)(5), priority for initial funds, above the costs of completing the
home essness action plan, shall be for systems improvement, including, but not limited to, all of the
following:
(A) Capacity building and workforce development for service providers within the
jurisdiction, including removing barriers to contracting with culturally specific service
providers and building capacity of providers to administer culturally specific services.
(B) Funding existing evidence-based programs serving people experiencing
homelessness.
(C) Investing in data systems to rneet reporting requirements or strengthen the recipient's
Homeless Management Information System.
(D) Improving homeless point-in-time counts.
(E) Improving coordinated entry systems to eliminate racial bias or to create a youlh-
specific coordinated entry system.
To receive the remaining balance of its round 3 program allocation, an applicant shall submit
an a plication to the council by June 30, 2022, that includes a local homelessness action plan and
specific outcome goals in accordance with the requirements laid out in HSC § 50220.7(b).
The applicant shall engage with the council on ils local plan and outcome goals before
subm Ing a complete application, per HSC § .50220.7(b)(1).
For city, county, and continuum of care applicants. local homelessness action plans pursuant
to S 50220.7(b)(3)(A) and outcome goals pursuant to HSC § 50220.7(b)(3)(C) shall be agendized of
a regular meeting of the governing body, including receiving public comment, before being submitted
to the council, per HSC § 50220,7(b)(2).
A complete application shall conform to the requirements laid out in HSC § 50220.7(b)(3).
FORM CONTINUES ON PAGE 4
HHAP-3 Agreement to Apply
Published 9/15/2021
Initial
Exhibit A
P-23 . ge 28 of 59
Mental Health System Inc.
Fresno County
22-HHAP-10015
Page 26 of 26
HHAP-3 GRANTEE AWARD DISBURSEMENT INFORMATION
ALL APPLICANTS:
Instructions: Please fill out the information below, which is needed to process your HHAP Round
3 (HHAP-3) initial award disbursement:
Administrative Entity/Contracting Agency Name
County of Fresno
Administrative Entity/Contracting Agency Business Address
P.O. Box 1912, Fresno, CA 93718
Contract Manager Name
Laura Moreno
Contract Manager Email Address
Ihaga@fresnocountyca.gov
Contract Manager Phone Number
559-600-2335
Award Check Mailing Address (Include "Attention to:" If applicable)
County of Fresno
P.O. Box 24055, Fresno, CA 93779
For grantees who have previously contracted with BCSH, in order to reduce the amount of
paperwork needed to process your HHAP-3 award, HCFC is offering the opportunity to use the
Tax ID Form (Government Taxpayer ID Form for governmental entities or STD 204 Form for non-
governmental entities) and/or Authorized Signatory Form currently on file with HCFC for
HHAP-3 award disbursements. You may revoke these authorizations by submitting an
updated Tax ID Form or Authorized Signatory Form to hhap®bcsh.co.gov.
Select one:
f]The information on the Tax ID Form used for the HHAP-2 award disbursement is accurate,
and I am authorizing HCFC to use the previously submitted form for the HHAP-3 initial
award disbursement
❑1 have included a new Tax ID Form for the initial HHAP-3 award disbursement
Select one:
0 The information on the most recent Authorized Signatory Form on file with HCFC is
accurate, and I am authorizing HCFC to use the form on file for HHAP-3
❑1 have included a new authorized signatory form for HHAP-3
CERTIFICATION
I certify that the signature below is authorized to sign for all applicable documents for the HHAP-3 grant
on behalf of the Eligible Applicant Jurisdiction listed above.
ATTEST:
BERNICE E.SEIDEL
Steve Brandau, Chairman, County of Fresno Board of Supervisors Clerk of the Board of Supervisors
Name and THIe t orized Representative County f Fresno,Site of C Gfomia
By 1
/. Deputy
-- � a 1 5' aD&A�
Slgnatur f Authorized Representative Date
HHAP-3 Agreement to Apply 4
Published 9/15/2021
Initial
P-23- Ali i b i t A
Mental Health System VrNe 29 of 59
FOR ACCOUNTING USE ONLY:
SRF Org: 1132 Homeless Services
Fund:0065
Subclass: 17237
Account: 3575-State Other
Exhibit A
P-23-61 EPage 30 of 59
Mental Health System Inc.
Agreement No, 23-045
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENTNUMBER PURCHASING AUTHORITY NUMBER Ilf Applicable)
STD 213(Rev.0412020) 22-HHAP-20015 010725
1.This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Business,Consumer Services and Housing Agency
CONTRACTOR NAME
County of Fresno
2.The term of this Agreement is:
START DATE
Upon BCSH approval
THROUGH END DATE
12/31/2026
3.The maximum amount of this Agreement is:
$5,047,891.50(Five Million Forty Seven Thousand Eight Hundred Ninety One Dollars and Fifty Cents)
4.The parties agree to comply with the terms and conditions of the following exhibits,which are by this reference made a part of the Agreement.
Exhibits Title Pages
Exhibit A Authority, Purpose and Scope of Work 8
Exhibit B Budget Detail and Disbursement Provisions 2
Exhibit C Homeless Coordinating and Financing Council General Terms and Conditions 10
Exhibit D Special Terms and Conditions 2
Exhibit E State of California General Terms and Conditions 1
Exhibit F Standard Agreement to Apply 5
hems shown with an asterisk(*),are hereby incorporated by reference and made part of this agreement as it attached hereto.
These documents can be viewed at httos.//www.das.co.aovADLS/Resources
IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BYTHE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.)
County of Fresno
CONTRACTOR BUSINESS ADDRESS CITY STATE i ZIP
P.O.Box 1912 Fresno ICA 93718
PRINTED NAME OF PERSON SIGNING TITLE
Sal Quintero Chairman,County of Fresno Board of Supervisors
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno,State of California
By_ Deputy
Page 1 of 2
xhibit A
P-23-61 Page 31 of 59
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES _T Mental Health System Inc.
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable)
STD 213(Rev.04/2020) 22-HHAP-20015 010725
STATE OF CALIFORNIA
CONTRACTING 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
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
M a r 16,2023
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable)
Page 2 of 2
Exhibit A
P-23-61 sage 32 of 59
Mental Presno o nfy
22-HHAP-20015
1 of 28
Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement
Remainder Disbursement Contract for Funds
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
1) Authority
The State of California has established the Homeless Housing, Assistance, and
Prevention Program Round 3 ("HHAP-3" or "Program") pursuant to Chapter 6
(commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety
Code. (Amended by Stats. 2021, Ch. 111, Sec. 4. (AB 140) Effective July 19, 2021.)
The Program is administered by the California Interagency Council on
Homelessness ("Cal ICH") in the Business, Consumer Services and Housing
Agency ("Agency"). HHAP-3 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/Remainder Disbursement 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 continue to build on regional coordination
developed through previous rounds of funding of the Homeless Housing, Assistance,
and Prevention Program (Chapter 6 (commencing with Section 50216)), the program
established under this chapter, to reduce homelessness. This funding shall:
a) Continue to build regional collaboration between continuums of care, counties,
and cities in a given region, regardless of population, and ultimately be used to
develop a unified regional response to homelessness.
b) Be paired strategically with other local, state, and federal funds provided to
address homelessness in order to achieve maximum impact. Grantees of this
funding are encouraged to reference 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
Initial
Exhibit A
P-23-61 Page 33 of 59
Mental PPANSC�nty c.
22-H HAP-20015
2 of 28
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.
In accordance with the authority cited above, an application was submitted by the
Grantee for the remainder disbursement of HHAP-3 funds to be allocated to the
Grantee pursuant to Health and Safety Code 50220.7(a)(4)(A).
3) Definitions
The following HHAP-3 program terms are defined in accordance with Health
and Safety Code section 50216, subdivisions (a) — (r):
a) "Agency" means the Business, Consumer Services, and Housing Agency.
b) "Applicant' means a Continuum of Care, city, or county 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.
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.
Exhibit A
P-23-61§age 34 of 59
Mentalealth Setern Inc.
Vresnol;ouniy
22-HHAP-20015
3 of 28
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 2019 homeless point-in-time count
pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations. A
jurisdiction may elect to instead use their 2017 point-in-time count if they can
demonstrate that a significant methodology change occurred between the 2017 and
2019 point-in-time counts that was based on an attempt to more closely align the
count with HUD best practices and undertaken in consultation with HUD
representatives. A jurisdiction shall submit documentation of this to the Cal ICH by
the date by which HUD's certification of the 2019 homeless point-in-time count is
finalized. The Cal ICH shall review and approve or deny a request described in the
previous sentence along with a jurisdiction's application for homeless funding.
k) "Homeless youth" means an unaccompanied youth between 12 and 24 years of
age, inclusive, who is experiencing homelessness, as defined in subsection (2) of
Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C.
Sec. 11434a(2)). "Homeless youth" includes unaccompanied youth who are
pregnant or parenting.
1) "Housing First" has the same meaning as in Section 8255 of the Welfare and
Institutions Code, including all of the core components listed therein.
m) "Jurisdiction" means a city, city that is also a county, county, or Continuum of
Care, as defined in this section.
n) "Navigation center" means a Housing First, low-barrier, service-enriched shelter
focused on moving homeless individuals and families into permanent housing that
provides temporary living facilities while case managers connect individuals
experiencing homelessness to income, public benefits, health services, shelter, and
housing.
o) "Program" means the Homeless Housing, Assistance, and Prevention program
established pursuant to this chapter.
lt�ttialaI
Exhibit A
P-23-610age 35 of 59
Mental Fresno aunty
22-HHAP-20K_M 5
4 of`28
1) "Round 1" of the program means the funding allocated under the program w=,,h
moneys appropriated during the fiscal year beginning on July 1, 2019.
2) "Round 2" of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1, 2020.
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-3 program:
"Obligate" means that the Grantee has placed orders, awarded contracts, received
services, or entered into similar transactions that require payment using HHAP-3
funding. Grantees, and the subrecipients who receive awards from those Grantees,
must obligate the funds by the statutory deadlines set forth in this Exhibit A.
"Expended" means all HHAP-3 funds obligated under contract or subcontract have
been fully paid and receipted, and no invoices remain outstanding.
4) Scope of Work
The Scope of Work ("Work") for this Agreement shall include uses that
are consistent with Health and Safety Code (HSC) section 50218.6, subdivision (e),
and section 50220.7, subdivisions (a)(4)-(5) & (f), and any other applicable laws.
By accepting these funds, the Grantee acknowledges that the remainder
disbursement of funds is a portion of their total allocation under the HHAP-3
Program, to be used solely for the purposes outlined below.
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.
' al
P-23-6Exhibit A
Mental I ealth S)etern In age 36 of 59
resno ounry
22-H HAP-20015
5 of 28
b) Operating subsidies in new and existing affordable or supportive housing units,
emergency shelters, and navigation centers. Operating subsidies may include
operating reserves.
c) Street outreach to assist persons experiencing homelessness to access
permanent housing and services.
d) Services coordination, which may include access to workforce, education, and
training programs, or other services needed to promote housing stability in
supportive housing.
e) Systems support for activities necessary to create regional partnerships and
maintain a homeless services and housing delivery system, particularly for
vulnerable populations including families and homeless youth.
f) Delivery of permanent housing and innovative housing solutions, such as hotel
and motel conversions.
g) Prevention and shelter diversion to permanent housing, including rental
subsidies.
h) Interim sheltering, limited 'o'npwly 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-3 funds must be low barrier,
comply with Housing First as provided in Chapter 6.5 (commencing with Section
8255) of Division 8 of the Welfare and Institutions Code, and prioritize
interventions other than congregate shelters.
i) Improvements to existing emergency shelters to lower barriers and increase
privacy.
Ial
Exhibit A
P-23-61 f'age 37 of 59
Mental Y r t5 )L0eptgc.
22-HHAP-20015
6 of 28
In addition to the funding use requirements described above, the Grantee's
expenditure of its entire HHAP-3 allocation must also comply with the following:
a) At least 10 percent of the funds shall be spent on services for homeless youth
populations.
b) Not more than 7 percent of funds may be used for administrative costs incurred
by the city, county, or continuum of care to administer its program allocation. For
purposes of this Agreement, "administrative costs" does not include staff or other
costs directly related to implementing activities funded by the program allocation.
5) Cal ICH Contract Coordinator
The Cal ICH's Contract Coordinator for this Agreement is the Council's Grant
Director or the Grant Director's designee. Unless otherwise instructed, any notice,
report, or other communication requiring an original Grantee signature for this
Agreement shall be mailed to the 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
ENTITY: Business Consumer Services and
Housing Agency County of Fresno
SECTION/UNIT: California Interagency Council on
Homelessness (Cal ICH)
ADDRESS: 915 Capitol Mall Suite 350-A P.O. Box 1912 Fresno, CA 93718
Sacramento, CA, 95814
CONTRACT
COORDINATOR Victor Duron Laura Moreno
PHONE NUMBER: (916)510-9442 (559) 600-2335
EMAIL ADDRESS: Victor.Duron@bcsh.ca.gov Ihaga@fresnocountyca.gov
All requests to update the Grantee information listed within this Agreement shall be
emailed to the HHAP Program's general email box at hhap@bcsh.ca.gov. The
Council reserves the right to change their representative and/or contact information
at any time with notice to the Grantee.
�I
Exhibit A
P-23-61 wage 38 of 59
Mental ealth Setern Jnc.
resno oun
22-HHAP-20015
7 of 28
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.
b) This Agreement shall terminate on December 31, 2026.
c) Grantees that are cities or continuums of care shall contractually obligate no less
than 50 percent of HHAP-3 funds by May 31 , 2024. If less than 50 percent is
obligated after May 31, 2024, continuums of care and cities shall not expend any
remaining portion of the 50 percent of program allocations required to have been
obligated unless and until both of the following occur:
i) On or before June 30, 2024, 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 or provides the Grantee
with guidance on the revisions needed in order to approve the alternative
disbursement plan.
iii) If the funds identified in the approved alternative disbursement plan are
not fully expended by December 31, 2024, the funds shall be returned to the
Cal ICH to be allocated as bonus awards.
d) Grantees that are counties shall contractually obligate the full
allocation (100 percent) awarded to them by May 31, 2024. Any funds that are
not contractually obligated by this date shall be reverted to the Continuum of
Care that serves the county. Specific to Los Angeles County, funds that are not
contractually obligated by this date shall be divided proportionately using the
HHAP-3 funding allocation formula among the four CoC's that serve Los Angeles
County: City of Glendale CoC, City of Pasadena CoC, the City of Long
Beach CoC, and the Los Angeles Homeless Services Authority.
Counties not obligating their full program allocation by May 31, 2024 are required
to notify Cal ICH, on or before that date, of the name of the CoC(s) in which the
county is served, and the amount of program funds that will be reverted to
the CoC(s). By June 30, 2024, the county shall provide Cal ICH with evidence
that the funds were transferred and submit an updated budget that clearly
identifies the funds that were transferred.
e) Grantees that do not meet the expenditure deadlines in HSC § 50220.7(k) shall
not be eligible for bonus funding.
f) HHAP-3 funds shall be expended by June 30, 2026.
P-23-6 hibit A
Mental hgRbSNb cage 39 of 59
22-HHAP-20015
8 of 28
g) In accordance with Health and Safety Code section 50220.5, subdivision (1), 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, 2026 shall be available for round 4 of the
program pursuant to HSC § 50218.7.
i) Bonus Funds: Health and Safety Code section 50220.7 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 50220.7(k)(1) shall not be eligible for bonus funding;
ii) Recipients shall demonstrate no later than June 30, 2024, whether they have
successfully met their outcome goals; and 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.
iii) 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.
Exhibit A
P-23-615age 40 of 59
Mental P�esno eountync.
22-H HAP-20015
9 of 28
Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Remainder Disbursement Standard Agreement
EXHIBIT B
BUDGET DETAIL and DISBURSEMENT PROVISIONS
1) Budget Detail & Changes
The Grantee agrees that HHAP-3 funds shall be expended on uses that support
regional coordination and expand or develop local capacity to address immediate
homelessness challenges. Such activities must be informed by a best-practices
framework focused on moving people experiencing homelessness into permanent
housing and supporting the efforts of those individuals and families to maintain their
permanent housing.
The Grantee shall expend the remainder disbursement of HHAP-3 funds on eligible
activities as detailed in Health and Safety Code Section 50220.7, subdivisions
(a)(4)(B), (a)(5), (e), and (f).
2) General Conditions Prior to Disbursement
All Grantees must submit the following forms prior to HHAP-3 funds being released:
• Request for Funds Form ("RFF")
• STD 213 Standard Agreement form and initialed Exhibits A through F
• STD 204 Payee Data Record or Government Agency Taxpayer ID Form
3) Disbursement of Funds
Remainder Disbursement
HHAP-3 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. The remainder disbursement of HHAP-3 funds will be
disbursed in one allocation via mailed check once the RFF has been received by
the SCO. Checks will be mailed to the address and contact name listed on the RFF.
Bonus Funds Disbursement
If Bonus Funds are received pursuant the requirements laid out in Health and Safety
Code section 50220.7 Bonus Funds will be disbursed to the Grantee upon receipt,
review and approval of the completed Amended Standard Agreement
;r riiti'a I
hibit A
P-23-6 age 41 of 59
Mental I lt�dS�s�e 0 .
22-H HAP-20015
10 of 28
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. The Bonus Funds disbursement of HHAP- 3 funds will
be disbursed in one allocation via mailed check once the RFF has been received
by the SCO. Checks will be mailed to the address and contact name listed on the
RFF.
4) Expenditure of Funds
The remainder disbursement of HHAP-3 funds must be spent in accordance with
HSC sections 50218.6(e) and 50220.7, subdivisions (a)(4)(B), (a)(5), (e), and (f), as
described in Exhibit A, Section 4 "Scope of Work".
5) Ineligible Costs
a) HHAP-3 funds shall not be used for costs associated with activities in violation of
any law or for any activities not consistent with the intent of the Program and
the eligible uses identified in Health and Safety Code section 50220.7,
subdivisions (a)(4)(B), (a)(5), (e), and (f).
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-3 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-3 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.
e) HHAP-3 remainder disbursement funds may only be used to cover expenditures
incurred no earlier than July 1, 2022. Unless expressly approved by Cal ICH in
writing, reimbursements prior to July 1, 2022 are not permitted.
_ itfaI
Exhibit A
P-23-6age 42 of 59
Mental PPAMt d�%MC.
22-H HAP-20015
11 of 28
Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Remainder Disbursement 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-3 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
Change Request Process and are subject to approval by Cal ICH.
ldttrerl
Exhibit A
P-23-61:5age 43 of 59
Mental �( C65tyc.
22-H HAP-20015
12 of 28
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, 2023, 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-3 funding, details on specific
projects selected for the use of HHAP-3 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 , 2026, 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.
c�
Exhibit A
P-23-61 Page 44 of 59
Mental V?& t)S eunr� C.
22-HHAP-20015
13 of 28
(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-3 funding including but not limited to obligated funds,
expended funds, and other funds derived from HHAP-3 funding.
iii) Final Expenditure Plan: During the final fiscal year of reporting, grantees may
be required to include a plan to fully expend HHAP-3 grant funding. This plan
must be submitted with the quarterly expenditure report in a format to be
provided by Cal ICH.
iv) Cal ICH may require additional supplemental reporting with written notice to
the Grantee.
' I iti�l
P-23-61 Exhibit A
Mental a th S m ,age 45 of 59
PFe�n0 �,n�n
22-H HAP-20015
14 of 28
v) Grantee may, at their discretion, fully expend their HHAP-3 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-3 administrative funds
may be used to fund this expense. Should an audit be required, the Grantee shall
adhere to the following conditions:
i) The audit shall be performed by an independent certified public accountant.
ii) The Grantee shall notify 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
Prevention Program laws, the HHAP-3 program guidance document published
on the website, and this Agreement.
In accordance with Health and Safety Code section 50220.7, 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.
P-23-6 hibit A
Mental alth S tem cage 46 of 59
Fresno oun�y
22-H HAP-20015
15 of 28
b) Record Retention
The Grantee further agrees to retain all records described in subparagraph A for
a minimum period of five (5)years after the termination of this Agreement.
If any litigation, claim, negotiation, audit, monitoring, inspection, or other action
has been commenced before the expiration of the required record retention
period, all records must be retained until completion of the action and resolution
of all issues which arise from it.
6) Breach and Remedies
a) Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
i) Grantee's failure to comply with the terms or conditions of this Agreement.
ii) Use of, or permitting the use of, HHAP-3 funds provided under this
Agreement for any ineligible activities.
iii) Any failure to comply with the deadlines set forth in this Agreement.
b) Remedies for Breach of Agreement
In addition to any other remedies that may be available to 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-3 award(s) to the Grantee;
iii) Require the return of any unexpended HHAP-3 funds disbursed under this
Agreement;
iv) Require repayment of HHAP-3 funds disbursed and expended under this
Agreement;
v) Require the immediate return to Cal ICH of all funds derived from the use of
HHAP-3 funds
vi) Seek, in a court of competent jurisdiction, an order for specific performance of
the defaulted obligation or participation in the technical assistance in
accordance with HHAP-3 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.
i
xhibit A
P-23-61 age 47 of 59
Mental �t�81 d�%Mtl C.
22-HHAP-20015
16 of 28
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.
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.
Igitial
xhibit A
P-23-61 age 48 of 59
Mental F�iealth Syetem Inc.
resno oun y
22-HHAP-20015
17 of 28
a) Current State Employees: No State officer or employee shall engage in any
employment, activity, or enterprise from which the officer or employee receives
compensation or has a financial interest, and which is sponsored or funded by
any State agency, unless the employment, activity, or enterprise is required as a
condition of regular State employment. No State officer or employee shall
contract on his or her own behalf as an independent Grantee with any State
agency to provide goods or services.
b) Former State Employees: For the two-year period from the date he or she left
State employment, no former State officer or employee may enter into a contract
in which he or she engaged in any of the negotiations, transactions, planning,
arrangements, or any part of the decision-making process relevant to the
contract while employed in any capacity by any State agency. For the twelve-
month period from the date he or she left State employment, no former State
officer or employee may enter into a contract with any State agency if he or she
was employed by that State agency in a policy-making position in the same
general subject area as the proposed contract within the twelve-month period
prior to his or her leaving State service.
c) Employees of the Grantee: Employees of the Grantee shall comply with all
applicable provisions of law pertaining to conflicts of interest, including but not
limited to any applicable conflict of interest provisions of the Political Reform
Act of 1974 (Gov. Code, § 81000 et seq.).
d) Representatives of a County: A representative of a county serving on a board,
committee, or body with the primary purpose of administering funds or making
funding recommendations for applications pursuant to this chapter shall have no
financial interest in any contract, program, or project voted on by the board,
committee, or body on the basis of the receipt of compensation for holding public
office or public employment as a representative of the county.
10) Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies,
under penalty of perjury under the laws of State of California, that it and its
subrecipients will comply with the requirements of the Drug-Free Workplace Act of
1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by
taking the following actions:
Publish a statement notifying employees and subrecipients that unlawful
manufacture distribution, dispensation, possession, or use of a controlled substance
is prohibited and specifying actions to be taken against employees, Grantees, or
subrecipients for violations, as required by Government Code section 8355,
subdivision (a)(1).
I 'ti
hibit A
P-23- 'age it of 59
Mental P�esnoou�i �y�
22-HHAP-20015
18 of 28
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 Sudnort Compliance Act
For any Contract Agreement in excess of$100,000, the Grantee acknowledges in
accordance with Public Contract Code 7110, that:
a) The Grantee recognizes the importance of child and family support obligations
and shall fully comply with all applicable state and federal laws relating to child
and family support enforcement, including, but not limited to, disclosure of
information and compliance with earnings assignment orders, as provided in
Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family
Code; and
b) The Grantee, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
12) Special Conditions — Grantees/Subgrantee
The Grantee agrees to comply with all conditions of this Agreement including
the Special Conditions set forth in Exhibit D. These conditions shall be met to the
satisfaction of 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-3
f11 ttla l
Exhibit A
P-23-61 wage 50 of 59
Mental IFig��tf�dS�srr���c.
22-HHAP-20015
19 of 28
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-3 program, the Grantee, its subrecipients, and
all eligible activities.
Grantee shall also be responsible for obtaining any and all permits, licenses, and
approvals required for performing any activities under this Agreement, including
those necessary to perform design, construction, or operation and maintenance of
the activities. Grantee shall be responsible for observing and complying with any
applicable federal, state, and local laws, rules or regulations affecting any such work,
specifically those including, but not limited to, environmental protection,
procurement, and safety laws, rules, regulations, and ordinances. Grantee shall
provide copies of permits and approvals to 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.
I 'ti
Exhibit A
P-23-61§age 51 of 59
Mental044tf )C�aigc.
22-HHAP-20015
20 of 28
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 remainder of
this Agreement shall remain in full force and effect. Therefore, the provisions of
this Agreement are and shall be deemed severable.
b) The Grantee shall notify 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.
I '
Exhibit A
P-23-61Page 52 of 59
Mental P�esno dountlyc.
22-HHAP-20015
21 of 28
Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Remainder Disbursement Standard Agreement
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1) All proceeds from any interest-bearing account established by the Grantee for the
deposit of HHAP-3 funds, along with any interest-bearing accounts opened
by subrecipients to the Grantee for the deposit of HHAP-3 funds, must be used for
HHAP-3-eligible activities and reported on as required by Cal ICH,
2) Per Health and Safety Code Section 50220.7 (g), any housing-related activities
funded with HHAP-3 funds, including but not limited to emergency shelter (per HSC
§ 50220.7(e)(8)(F)), rapid-rehousing, rental assistance, transitional housing and
permanent supportive housing, must be in compliance or otherwise aligned with
the core components of Housing First, as described in Welfare and
Institutions Code section 8255, subdivision (b). Individuals and families assisted with
these funds must not be required to receive treatment or perform any other
prerequisite activities as a condition for receiving shelter, housing, or other services
for which these funds are used. In addition, HHAP-3 funding shall be used to adopt a
Housing First approach within the entire local homelessness response system,
including outreach and emergency shelter, short-term interventions like rapid re-
housing, and longer-term interventions like supportive housing.
3) Grantee shall utilize its local Homeless Management Information System (HMIS) to
track HHAP-3-funded projects, services, and clients served. Grantee will ensure that
HMIS data are collected in accordance with applicable laws and in such a way as to
identify individual projects, services, and clients that are supported by HHAP-3
funding (e.g., by creating appropriate HHAP-3-specific funding sources and project
codes in HMIS).
4) Grantee shall participate in and provide data elements, including, but not limited to,
health information, in a manner consistent with federal law, to the statewide
Homeless Management Information System (known as the Homeless Data
Integration System or "HDIS"), in accordance with their existing Data Use
Agreement entered into with the Council, if any, and as required by Health and
Safety Code section 50220.6. Any health information provided to, or maintained
within, the statewide Homeless Management Information System shall not be
subject to public inspection or disclosure under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code). For purposes of this paragraph, "health information" means
"protected health information," as defined in Part 160.103 of Title 45 of the Code of
Federal Regulations, and "medical information," as defined in subdivision 0) of
Section 56.05 of the Civil Code. The Council may, as required by operational
necessity, amend or modify required data elements, disclosure formats, or
disclosure frequency. Additionally, the Council, at its discretion, may provide
(7` .
Exhibit A
P-23-6115age 53 of 59
Mental Fresno�Cou
22-HHAP-20015
22 of 28
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 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.
I
Exhibit A
P-23-6Page 54 of 59
Mental P P0C 6%fl0C.
22-HHAP-20015
23 of 28
Remainder Disbursement 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.d-qs.ca.goy/-/media/Divisions/OLS/Resources/GTC-April-2017-
FINALapri12017.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.
Exhibit A
P-23-6P%e 55 of 59
Mental ���8o r�s�e ,� c.
22-HHAP-20015
Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-314 of 28
Standard Agreement
EXHIBIT F
STANDARD AGREEMENT TO APPLY
' ial
Exhibit A
P-23-61 sage 56 of 59
Mental
&oft i t
CAL1L2?714M�'> 0015
Business,Consumer services and Housing Agency HOMELESS COORDINA12e of 28
14 Gavin Newsom,Governor I Lourdes M.Castro Ramirez,Secretary AND FINANCING COUNCIL
Agreement No. 21-409
Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement to Apply
HHAP-3 funding is provided pursuant to Health &Safety Code 50220.7(a) and requires all eligible
applicants to submit this Standard Agreement to Apply no later than 5:00pm on October 15,2021.In this
agreement,applicants must indicate whether they Intend to apply for HHAP-3 funding jointly with an
overlapping jurisdiction or apply as an individual entity. For any eligible applicant who does not submit
an agreement by the deadline, HCFC may choose to re-allocate the applicant's allocation to an
overlapping jurisdiction!.
Eligible applicants applying jointly with an overlapping jurisdiction will designate one of the jointly
applying jurisdictions as the Administrative Entity which will enter into contract with the HCFC to
administer the combined allocations of the joint applicants. Applicants may only apply jointly with a
Continuum of Care (CoC), large city, or county that serves an overlapping region. The Administrative
Entity is required to submit a binding resolution or agreement that designates a single Administrative
Entity for the combined allocations and an explanation of how the jointly applying applicants will
administer the funds allocated to them pursuant to this section.This binding resolution or agreement
must be signed by the authorized representatives of all applicants and must be submitted with the
signed HHAP-3 Initial Disbursement Contract for Funding, separate from the Standard Agreement to
Apply.
By submitting this form, you agree to participate In the HHAP-3 application process as Indicated below
and comply with all requirements as set forth in Health and Safety Code 50220.7.
APPLICATION SUBMISSION INFORMATION
ALL APPLICANTS:
Eligible Applicant Jurisdiction
❑Large City: 21County: County of Fresno
❑ Continuum of Care: CoC Number:
Administrative Entity: County of Fresno
Contact Person: Laura Moreno
Title: Program Manager
Contact Phone Number: 559-600-2335
Contact Email Address: Ihaga@fresnocountyca.g�
Individual or Joint Application Designation:
❑ will submit an Individual application for HHAP-3
funding
0 County of Fresno will submit a joint application for HHAP-3 funding
with the following overlapping jurisdiction(s):
1 For the purposes of the HHAP program, overlapping jurisdictions are eligible applicants that are located within the
some geographic area as the local CoC.
HHAP-3 Agreement to Apply 1
Published 9/15/2021
I ,tia
P-23-61 Sxhibit A
Mental yagNbtbWtft�n .age 57 of 59
22-H HAP-20015
Jurisdiction Name Applicant Type (County, CoC,
Fresno Madera Continuum of Care CoC
JOINT APPLICANTS ONLY:
Fund Disbursement/Contract Execution
The jointly applying jurisdictions designate the following jurisdiction as the Administrative Entity of the
total combined allocations and acknowledge that the Administrative Entity will enter into legal
agreement with HCFC and receive any disbursements for which the jointly applying jurisdictions may be
deemed eligible.
Administrative Entity:
❑CoC ❑Large City ❑� County
Name of Applicant: County of Fresno
Joint Applicants agree to the following:
I. Joint Applicants must designate a single Administrative Entity to receive the entire combined HHAP-
3 allocations.
2. The Administrative Entity must be a CoC, large city (if applicable), or county that serves the some
region.
3. The Administrative Entity receiving allocations on behalf of joint applicants shall use the funds in the
jurisdiction(s) entitled to the funds or to provide regional housing or services that serve the
population living in each of the jurisdictions) entitled to the funds.
4. The Administrative Entity is responsible for complying with all program expenditure requirements and
deadlines for the total combined allocations it is administering.
5. The Administrative Entity must enter into a binding resolution or agreement with joint applicants to
designate the Administrative Entity for the combined allocations which includes an explanation of
how the jointly applying applicants will administer the funds allocated to them. This binding
resolution or agreement must be signed by authorized representatives and will be included with the
contract for funds.
6. The HHAP-3 joint application will clearly identify the intended use of all the funds from each jointly
applying jurisdiction.
7. The HHAP-3 joint application will clearly describe in detail the collaboration between the jointly
applying jurisdictions and an explanation of how the jointly applying jurisdictions will partner to meet
their program goals.
8. The performance goals set in the HHAP-3 joint application will be used to determine the joint
applicants' eligibility for future bonus funding.
HHAP-3 Agreement to Apply
Published 9/15/2021
1
Exhibit A
P-23-610age 58 of 59
Mentakyggk`b byam�nc.
22-HHAP-20015
27 of 28
kt#! ►�!-3„APPLICATION REQUIREMENTS
Applicc on Requirements-ALL APPLICANTS:
By initialing below, the eligible applicant(s) acknowledges their intent to participate in the HHAP-3
applica9�-n process as follows:
the eligible applicant(s) will receive an Initial disbursement equaling no more than 20% (or 25%
for j ' ly applying applicants) of their total allocation if this Agreement to Participate is submitted by
5:00pm on October 15, 2021 per HSC 50220.7(a)(4)(A)(ii).
I AM Initial funds maybe used to complete the local homeless action plan,as required by HSC
50220. (b)(3)(A), including paying for any technical assistance or contracted entities to support the
completion of the homelessness action plan.
1.1:f I-A As stated in HSC § 50220.7(a)(5),priority for initial funds,above the costs of completing the
home essness action plan, shall be for systems improvement,including, but not limited to, all of the
following:
(A) Capacity building and workforce development for service providers within the
jurisdiction, including removing barriers to contracting with culturally specific service
providers and building capacity of providers to administer culturally specific services.
(B) Funding existing evidence-based programs serving people experiencing
homelessness.
(C) Investing in data systems to meet reporting requirements or strengthen the recipient's
Homeless Management Information System.
(D) Improving homeless point-in-time counts.
(E) Improving coordinated entry systems to eliminate racial bias or to create a youth-
specific coordinated entry system.
To receive the remaining balance of its round 3 program allocation, an applicant shall submit
an a plication to the council by June 30, 2022, that includes a local homelessness action plan and
specific outcome goals in accordance with the requirements laid out in HSC § 50220.7(b).
The applicant shall engage with the council on its local plan and outcome goals before
sul3mt<ng a complete application, per HSC § 50220.7(b)(1).
For city, county,and continuum of care applicants, local homelessness action plans pursuant
td-14SC4 50220.7(b)(3)(A) and outcome goals pursuant to HSC § 50220.7(b)(3)(C) shall be agendized at
a regular meeting of the governing body, including receiving public comment, before being submitted
to the council, per HSC § 50220.7(b)(2).
A complete application shall conform to the requirements laid out in HSC § 50220.7(b)(3).
FORM CONTINUES ON PAGE 4
HHAP-3 Agreement to Apply 3
Published 9/15/2021
Exhibit A
P-23-6'rbge 59 of 59
Mental ealth S tem Inc.
resno Bounty
22-H HAP-20015
28 of 28
HHAP-3 GRANTEE AWARD DISBURSEMENT INFORMATION
ALL APPLICANTS:
Instructions: Please fill out the information below,which is needed to process your HHAP Round
3 (HHAP-3) initial award disbursement:
Administrative Entity/Contracting Agency Name
County of Fresno
Administrative Entity/Contracting Agency Business Address
P.O. Box 1912, Fresno, CA 93718
Contract Manager Name
Laura Moreno
Contract Manager Email Address
Ihaga@fresnocountyca.gov
Contract Manager Phone Number
559-600-2335
Award Check Mailing Address (Include "Attention to:" R applicable)
County of Fresno
P.O. Box 24055, Fresno, CA 93779
For grantees who have previously contracted with BCSH, in order to reduce the amount of
paperwork needed to process your HHAP-3 award, HCFC is offering the opportunity to use the
Tax ID Form (Government Taxpayer ID Form for governmental entities or STD 204 Form for non-
governmental entities) and/or Authorized Signatory Form currently on file with HCFC for
HHAP-3 award disbursements. You may revoke these authorizations by submitting an
updated Tax ID Form or Authorized Signatory Form to hhap@bcsh.ca.gov.
Select one:
0 The information on the Tax ID Form used for the HHAP-2 award disbursement is accurate,
and I am authorizing HCFC to use the previously submitted form for the HHAP-3 initial
award disbursement
❑1 have included a new Tax ID Form for the initial HHAP-3 award disbursement
Select one:
R1 The information on the most recent Authorized Signatory Form on file with HCFC is
accurate, and I am authorizing HCFC to use the form on file for HHAP-3
❑I have included a new authorized signatory form for HHAP-3
CERTIFICATION
I certify that the signature below Is authorized to sign for all applicable documents for the HHAP-3 grant
on behalf of the Eligible Applicant Jurisdiction listed above.
ATTEST
BERNICE E.SEIDEL
Steve Brandau, Ch irman, County of Fresno Board of Supervisors Clerk of the Board of Supervisors
Name and Title orized Representative County Fresno,s to of C 'omla
By
/ Deputy
oa
Signatur of Authorized Representative Date
HHAP-3 Agreement to Apply 4
Published 9/15/2021
. �.
tl I
P-23-615
Mental Health System Inc.
Exhibit B
Page 1 of 2
SCOPE OF SERVICES
ORGANIZATION: Mental Health Systems, Inc.
ADDRESS: 9465 Farnham Street, San Diego, CA 92123
SERVICE ADDRESS: 2250 W. Clinton Ave Suite 154 Fresno, CA 93705
TELEPHONE: (559) 264-7521
CONTACT: Deanna Kivett, Vice President
EMAIL: dkivett@turnbhs.org
CONTRACT: Bridge Emergency Housing Services
CONTRACT TERM: November 20, 2023 to February 17, 2024
OVERVIEW OF SERVICES
Mental Health Systems (MHS) shall provide Bridge Emergency Housing services, including 24-
hour emergency housing that offers low-barrier access to dormitory or private accommodations
with on-site, housing-focused services. MHS will provide thirty (30) Bridge emergency housing
beds to homeless individuals. Bridge emergency housing serves as short-term housing when a
household has been offered a permanent housing intervention, but the permanent housing
opportunity is still being arranged. The program's objective is to provide emergency shelter and
support services to individuals and families experiencing or at risk of homelessness while also
connecting them with appropriate resources and helping them transition to permanent housing
solutions.
TARGET POPULATION
The target population of Bridge Emergency Housing services is individuals or families that are
experiencing homelessness or are at imminent risk of homelessness in Fresno and Madera
Counties.
BRIDGE EMERGENCY HOUSING SERVICES
1. Emergency Housing: Operate 30 emergency housing beds for households that have
been assessed for permanent housing utilizing the Fresno Madera Continuum of Care (FMCoC)
Coordinated Entry System (CES). Emergency housing beds will be restricted to referrals from
the FMCoC CES only. Basic services will include meals. The maximum length of stay is three
(3) months.
2. Case Management: Provide services and activities necessary to assist participants to
prepare for permanent housing placement and to achieve long-term housing stability. Services
include, but are not limited to the following:
a. Development of a housing plan based on each household's unique
circumstances;
b. Coordination of services with permanent housing providers to ensure
necessary appointments are made and that the participants attend;
c. Provision of supports necessary to foster self-sufficiency; and
P-23-615
Mental Health System Inc.
Exhibit B
Page 2 of 2
d. Linkage to community resources to increase benefits or employment income.
CONTRACTOR RESPONSIBILITIES
• Adhere to a low-barrier shelter policy. Bridge housing must be open to all eligible
applicants regardless of sexual orientation, marital status, or gender identification.
Guests must be allowed to enter with their partners, possessions, and pets.
• Register all guests upon their arrival to the program.
• Allow for 24-hour guest access and not exclude people of intoxication or mental illness.
• Accept referrals from the FMCoC CES.
• MHS shall assume responsibility for providing case management and navigation
services for all participants once they have been placed in the Bridge Housing program.
• MHS shall coordinate with the referring agency to collect needed background
information and ensure a smooth transition from the previous case management or
navigation service provider.
• Distribute a weekly Bridge Housing bed availability report to the FMCoC. MHS will
engage in daily, ongoing collaboration and communication with the FMCoC to ensure
that they are aware of available Bridge Housing beds.
• The Bridge Housing facility will be a Coordinated Entry access point, providing
information and linkage to appropriate homeless services through a warm hand-off to the
FMCoC CES.
• The Bridge Housing facility must be staffed 24 hours a day, 7 days a week.
• Maintain a minimum staff-to-client ration of 1:30 during daytime hours.
• Enter guest information into the Homeless Management Information System (HMIS).
Client HMIS data must be made available for the California Business, Consumer
Services and Housing Agency statewide data system or warehouse.
• Adhere to a "Good Neighbor" policy, whereby MHS will secure and maintain the
perimeter of the Bridge Housing facility, keeping clear of any nuisances and code
violations.
• Comply with all shelter and housing habitability standards as identified in 24 CFR
576.403
PERFORMANCE OUTCOMES
MHS shall provide complete and accurate monthly activity reports to the County of Fresno, in a
report format approved by the County by the 10t" of each month.
MHS shall meet the following outcomes:
• A minimum of 90% bed utilization as measured by the HMIS.
• Provide Bridge emergency housing services for a minimum of 30 unduplicated
participants within the three-month term period.
• All participants within the three-month program duration will be connected to a safe exit,
as defined by one of the following destinations: rental with or without subsidy, permanent
shared-living arrangement with family or friends, drug treatment facility, or psychiatric
treatment facility at program three-month conclusion.
P-23-615
Mental Health System Inc.
Exhibit C
Page 1 of 1
COMPENSATION
ORGANIZATION: Mental Health Systems, Inc.
SRVICES: Bridge Emergency Housing Services
CONTRACT PERIOD: November 20, 2023 to February 17, 2024
CONTRACT AMOUNT: $150,000
Budget Categories
Nov-23 Dec-23 Jan-24
Personnel
Salaries
0.3 FTE Program Manager
1 FTE Housing Specialist/Case Manager (bilingual)
1 FTE Case Manager
0.3 FTE Overnight Monitor (bilingual)
0.3 FTE Overnight Monitors
0.35 FTE Building Custodian
0.05 FTE Compliance Specialist
0.05 FTE Vice President
0.03 FTE Director of Housing
0.07 FTE Program Financial Analyst
SUBTOTAL $19,346.56 $19,346.56 $19,346.56
Services & Supplies
Client Meals $4,066.33 $4,066.33 $4,066.33
Insurance $833.33 $833.33 $833.33
Communication $733.33 $733.33 $733.33
Office Expenses $166.67 $166.67 $166.67
Program Supplies $566.67 $566.67 $566.67
Training $58.33 $58.33 $58.33
SUBTOTAL $6,424.66 $6,424.66 $6,424.66
Facility Costs
Rent $18,850.00 $18,850.00 $18,850.00
Utilities $500.00 $500.00 $500.00
Maintenance $333.33 $333.33 $333.33
SUBTOTAL $19,683.33 $19,683.33 $19,683.33
Indirect Costs
Indirect Costs $4,545.45 $4,545.45 $4,545.45
SUBTOTAL $4,545.45 $4,545.45 $4,545.45
TOTAL $50,000.00 $50,000.00 $50,000.00
P-23-615
Mental Health System Inc.
Exhibit D
Page 1 of 3
Insurance Requirements
1. Required Policies
Without limiting the County's right to obtain indemnification from the Subrecipient or any third parties,
Subrecipient, at its sole expense, shall maintain in full force and effect the following insurance
policies throughout the term of this Agreement.
(A) Commercial General Liability. Commercial general liability insurance with limits of not less
than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four
Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
Coverage must include products, completed operations, property damage, bodily injury,
personal injury, and advertising injury. The Subrecipient shall obtain an endorsement to this
policy naming the County of Fresno, its officers, agents, employees, and volunteers,
individually and collectively, as additional insureds, but only insofar as the operations under
this Agreement are concerned. Such coverage for additional insureds will apply as primary
insurance and any other insurance, or self-insurance, maintained by the County is excess
only and not contributing with insurance provided under the Subrecipient's policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One Million
Dollars ($1,000,000) per occurrence for bodily injury and for property damages. Coverage
must include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of the
State of California with statutory limits.
(D) Employer's Liability. Employer's liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for disease.
2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the Subrecipient signs this Agreement, and
at any time during the term of this Agreement as requested by the County's Risk Manager
or the County Administrative Office, the Subrecipient shall deliver, or cause its broker or
producer to deliver, to the County of Fresno Department of Social Services, at
P.O. Box 1912, Fresno, California 93712, or DSSContractinsurance(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
Subrecipient 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
P-23-615
Mental Health System Inc.
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
Subrecipient's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(B) Acceptability of Insurers. All insurance policies required under this Agreement must be
issued by admitted insurers licensed to do business in the State of California and
possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no
less than A: VI I.
(C) Notice of Cancellation or Change. For each insurance policy required under this
Agreement, the Subrecipient shall provide to the County, or ensure that the policy
requires the insurer to provide to the County, written notice of any cancellation or change
in the policy as required in this paragraph. For cancellation of the policy for nonpayment
of premium, the Subrecipient shall, or shall cause the insurer to, provide written notice to
the County not less than 10 days in advance of cancellation. For cancellation of the
policy for any other reason, and for any other change to the policy, the Subrecipient
shall, or shall cause the insurer to, provide written notice to the County not less than 30
days in advance of cancellation or change. The County in its sole discretion may
determine that the failure of the Subrecipient or its insurer to timely provide a written
notice required by this paragraph is a breach of this Agreement.
(D) County's Entitlement to Greater Coverage. If the Subrecipient has or obtains
insurance with broader coverage, higher limits, or both, than what is required under this
Agreement, then the County requires and is entitled to the broader coverage, higher
limits, or both. To that end, the Subrecipient shall deliver, or cause its broker or
producer to deliver, to the County's Risk Manager certificates of insurance and
endorsements for all of the coverages that have such broader coverage, higher limits,
or both, as required under this Agreement.
(E) Waiver of Subrogation. The Subrecipient waives any right to recover from the County,
its officers, agents, employees, and volunteers any amounts paid under the policy of
worker's compensation insurance required by this Agreement. The Subrecipient is
solely responsible to obtain any policy endorsement that may be necessary to
accomplish that waiver, but the Subrecipient's waiver of subrogation under this
paragraph is effective whether or not the Subrecipient obtains such an endorsement.
(F) County's Remedy for Contractor's Failure to Maintain. If the Subrecipient fails to
keep in effect at all times any insurance coverage required under this Agreement, the
County may, in addition to any other remedies it may have, suspend or terminate this
Agreement upon the occurrence of that failure, or purchase such insurance coverage,
D-2
P-23-615
Mental Health System Inc.
Exhibit D
Page 3 of 3
and charge the cost of that coverage to the Subrecipient. The County may offset such
charges against any amounts owed by the County to the Subrecipient under this
Agreement.
(G)Subcontractors. The Subrecipient shall require and verify that all subrecipients used by
the Subrecipient to provide services under this Agreement maintain insurance meeting
all insurance requirements provided in this Agreement. This paragraph does not
authorize the Subrecipient to provide services under this Agreement using
subrecipients.
D-3
P-23-615
Mental Health System Inc.
Exhibit E
Page 1 of 2
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
members of a subrecipient's board of directors (hereinafter referred to as "County
Subrecipient"), must disclose any self-dealing transactions that they are a party to while
providing goods, performing services, or both for the County. A self-dealing transaction is
defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in
which one or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name, job title (if applicable), and date this disclosure is being
made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to
the County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the
transaction; and
b. The nature of the material financial interest in the Corporation's transaction that
the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
P-23-615
Mental Health System Inc.
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 Si nature
Signature: Date: