HomeMy WebLinkAboutAgreement A-24-242 with RH Community Builders Landlord Engagement.pdf Agreement No. 24-242
1 SERVICE AGREEMENT
2 This Service Agreement ("Agreement") is dated May 21, 2024 and is between
3 RH Community Builders, a California Limited Partnership whose address is 3040 N. Fresno
4 Street, Fresno, CA 93703 ("Subrecipient"), and the County of Fresno, a political subdivision of
5 the State of California ("County").
6 Recitals
7 A. County is the Administrative Entity for the Homeless Housing, Assistance, and
8 Prevention Program (HHAP) grant funds awarded to the Fresno Madera Continuum of Care
9 (FMCoC) by the California Business Consumer Services and Housing (BCSH)Agency.
10 B. County, for itself, was awarded HHAP grant funds by the BCSH agency.
11 C. The FMCoC has a need for coordinated homeless services to address the homelessness
12 crisis throughout the Counties of Fresno and Madera; and services were sought in the Fresno
13 and Madera communities to address barriers to attaining rental housing for individuals and
14 families experiencing homelessness.
15 D. The County of Fresno and County of Madera continue to have a significant population of
16 homeless individuals and families in need of coordinated homeless services.
17 E. The Subrecipient has the expertise and is willing to provide landlord engagement and risk
18 mitigation fund services to the said population.
19 F. The Subrecipient is willing and able to provide landlord engagement and risk mitigation
20 fund services to homeless individuals and families in Fresno and Madera counties.
21 G. County, through the Department of Social Services, has entered into agreements for
22 HHAP grant funds awarded to County with the State of California (Agreement No. 22-HHAP-
23 10015, Exhibit A and Agreement No. 22-HHAP-20015, Exhibit B), copies of which are attached
24 and incorporated herein by this reference. Services provided by Subrecipient under this
25 Agreement shall be funded with HHAP funding and, therefore, Subrecipient shall be aware of,
26 agree to, and comply with all State requirements governing the use of HHAP funds, all
27 conditions in Exhibits A and B. Failure to comply with these requirements and conditions may
28 result in termination of this Agreement pursuant to Article Six (6) of this Agreement.
1
1 H. Services provided by Subrecipient under this Agreement shall be funded with
2 subsequent rounds of HHAP funding, not yet awarded. Once funding is awarded, agreements
3 executed by the State of California and the County of Fresno shall be provided to the
4 Subrecipient, and Subrecipient shall be subject to requirements of subsequent agreements as
5 noted in section G above.
6 The parties therefore agree as follows:
7 Article 1
8 Subrecipient's Services
9 1.1 Scope of Services. The Subrecipient shall perform all of the services provided in
10 Exhibit C to this Agreement, titled "Scope of Services," and pursuant to the staffing patterns and
11 program expenses detailed in Exhibit D, titled "Compensation."
12 1.2 Representation. The Subrecipient represents that it is qualified, ready, willing, and
13 able to perform all services provided in this Agreement.
14 1.3 Compliance with Laws. The Subrecipient shall, at its own cost, comply with all
15 applicable federal, state, and local laws and regulations in the performance of its obligations
16 under this Agreement, including but not limited to workers compensation, labor, and
17 confidentiality laws and regulations.
18 Article 2
19 County's Responsibilities
20 2.1 The County shall meet all obligations provided in Exhibit C to this Agreement, titled
21 "Scope of Services."
22 Article 3
23 Compensation, Invoices, and Payments
24 3.1 The County agrees to pay, and the Subrecipient agrees to receive, compensation for
25 the performance of its services under this Agreement as described in Exhibit D to this
26 Agreement, titled "Compensation".
27 3.2 The services provided by the Subrecipient under this Agreement are funded in whole
28 or in part by the State of California and the United States Federal government. In the event that
2
1 funding for these services is delayed by the State Controller or the Federal government, the
2 County may defer payment to the Subrecipient. The amount of the deferred payment shall not
3 exceed the amount of funding delayed to the County. The period of time of the deferral by the
4 County shall not exceed the period of time of the State Controller's or Federal government's
5 delay of payment to County plus forty-five (45) days.
6 3.3 Maximum Compensation. In no event shall compensation paid for services
7 performed under this Agreement be in excess of One Million, Seven Hundred Ninety-Three
8 Thousand, One Hundred Ninety-Three and No/100 Dollars ($1,793,193). For the period of July
9 1, 2024 through June 30, 2025, in no event shall compensation paid for services performed
10 under this Agreement be in excess of Three Hundred Twenty-Four Thousand, Five Hundred
11 Twenty-Three and No/100 Dollars ($324,523). For the period of July 1, 2025 through June 30,
12 2026, in no event shall compensation paid for the services performed under this Agreement be
13 in excess of Three Hundred Forty-Thousand, Seven Hundred Forty-Nine and No/100 Dollars
14 ($340,749). For the optional twelve (12) month extension for the period of July 1, 2026 through
15 June 30, 2027, in no event shall compensation for these services performed under this
16 Agreement be in excess of Three Hundred Fifty-Seven Thousand, Seven Hundred Eighty-Six
17 and No/100 Dollars ($357,786). For the optional twelve (12) month extension for the period of
18 July 1, 2027 through June 30, 2028, in no event shall compensation paid for services
19 performed under this Agreement be in excess of Three Hundred Seventy-Five Thousand, Six
20 Hundred Seventy-Six and No/100 Dollars ($375,676). For the optional twelve (12) month
21 extension for the period of July 1, 2028 through June 30, 2029, in no event shall compensation
22 paid for services performed under this Agreement be in excess of Three Hundred Ninety-Four
23 Thousand, Four Hundred Fifty-Nine and No/100 Dollars ($394,459).
24 3.4 The Subrecipient acknowledges that the County is a local government entity, and
25 does so with notice that the County's powers are limited by the California Constitution and by
26 State law, and with notice that the Subrecipient may receive compensation under this
27 Agreement only for services performed according to the terms of this Agreement and while this
28 Agreement is in effect, and subject to the maximum amount payable under this section. The
3
1 Subrecipient further acknowledges that County employees have no authority to pay the
2 Subrecipient except as expressly provided in this Agreement.
3 3.5 Invoices. The Subrecipient shall submit monthly invoices in attention to Staff Analyst
4 to: -)SSlnvoices(c)_fresnocountyca.gov. The Subrecipient shall submit each invoice within 30
5 days following the month in which expenses were incurred and services rendered, and in any
6 case within 60 days after the end of the term or termination of this Agreement. Subrecipient
7 shall submit invoices to the County each month with a detailed general ledger (GL), itemizing
8 costs incurred in the previous month, along with supporting documentation of costs. Failure to
9 submit GL reports and supporting documentation shall be deemed sufficient cause for County to
10 withhold payments until there is compliance, as further described in Section 3.8 herein.
11 Supporting documentation shall include but is not limited to receipts, invoices received, and
12 documented administrative / overhead costs. No reimbursement for services shall be made
13 until invoices, reports and outcomes are received, reviewed and approved by County's DSS.
14 3.6 Proof of payment may be required for certain funding streams and will be made
15 available by the Subrecipient as requested by the County.
16 3.7 Payment. The County shall pay each correctly completed and timely submitted
17 invoice within 45 days after receipt. If an invoice is incorrect or otherwise not in proper form or
18 detail, County's DSS Director or designee shall have the right to withhold payment as to only
19 that portion of the invoices that is incorrect or improper, after five (5) days prior written notice or
20 email correspondence to Subrecipient. The County shall remit any payment to the
21 Subrecipient's address specified in the invoice.
22 3.8 Incidental Expenses. The Subrecipient is solely responsible for all of its costs and
23 expenses that are not specified as payable by the County under this Agreement.
24 Article 4
25 Term of Agreement
26 4.1 Term. This Agreement is effective on July 1, 2024 and terminates on June 30, 2026
27 except as provided in section 4.2, "Extension," or Article 6, "Termination and Suspension,"
28 below.
4
1 4.2 Extension. The term of this Agreement may be extended for no more than three,
2 one-year periods only upon written approval of both parties at least 30 days before the first day
3 of the next one-year extension period. The Director of the Department of Social Services or his
4 or her designee is authorized to sign the written approval on behalf of the County based on the
5 Subrecipient's satisfactory performance. The extension of this Agreement by the County is not a
6 waiver or compromise of any default or breach of this Agreement by the Subrecipient existing at
7 the time of the extension whether or not known to the County.
8 Article 5
9 Notices
10 5.1 Contact Information. The persons and their addresses having authority to give and
11 receive notices provided for or permitted under this Agreement include the following:
12
For the County:
13 Director of Department of Social Services
County of Fresno
14 P.O. Box 1912
Fresno, CA 93718-1912
15
For the Subrecipient:
16 CEO
RH Community Builders
17 3040 N. Fresno Street
Fresno, CA 93703
18
5.2 Change of Contact Information. Either party may change the information in section
19
5.1 by giving notice as provided in section 5.3.
20
5.3 Method of Delivery. Each notice between the County and the Subrecipient provided
21
for or permitted under this Agreement must be in writing, state that it is a notice provided under
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this Agreement, and be delivered either by personal service, by first-class United States mail, or
23
by an overnight commercial courier service.
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(A) A notice delivered by personal service is effective upon service to the recipient.
25
(B) A notice delivered by first-class United States mail is effective three County
26
business days after deposit in the United States mail, postage prepaid, addressed to the
27
recipient.
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(C)A notice delivered by an overnight commercial courier service is effective one
5
1 County business day after deposit with the overnight commercial courier service,
2 delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
3 the recipient.
4 (D)A notice delivered by PDF document attached to an email is effective when
5 transmission to the recipient is completed (but, if such transmission is completed outside
6 of County business hours, then such delivery is deemed to be effective at the next
7 beginning of a County business day), provided that the sender maintains a machine
8 record of the completed transmission.
9 5.4 Claims Presentation. For all claims arising from or related to this Agreement,
10 nothing in this Agreement establishes, waives, or modifies any claims presentation
11 requirements or procedures provided by law, including the Government Claims Act (Division 3.6
12 of Title 1 of the Government Code, beginning with section 810).
13 Article 6
14 Termination and Suspension
15 6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
16 contingent on the approval of funds by the appropriating government agency. If sufficient funds
17 are not allocated, then the County, upon at least 30 days' advance written notice to the
18 Subrecipient, may:
19 (A) Modify the services provided by the Subrecipient under this Agreement; or
20 (B) Terminate this Agreement.
21 6.2 Termination for Breach.
22 (A) Upon determining that a breach (as defined in paragraph (C) below) has
23 occurred, the County may give written notice of the breach to the Subrecipient. The
24 written notice may suspend performance under this Agreement, and must provide at
25 least 30 days for the Subrecipient to cure the breach.
26 (B) If the Subrecipient fails to cure the breach to the County's satisfaction within the
27 time stated in the written notice, the County may terminate this Agreement immediately.
28 (C) For purposes of this section, a breach occurs when, in the determination of the
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1 County, the Subrecipient has:
2 (1) Obtained or used funds illegally or improperly;
3 (2) Failed to comply with any part of this Agreement;
4 (3) Submitted a substantially incorrect or incomplete report to the County; or
5 (4) Improperly performed any of its obligations under this Agreement.
6 6.3 Termination without Cause. In circumstances other than those set forth above, the
7 County or Subrecipient may terminate this Agreement by giving at least 30 days advance
8 written notice to the Subrecipient.
9 6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County
10 under this Article 6 is without penalty to or further obligation of the County.
11 6.5 County's Rights upon Termination. Upon termination for breach under this Article
12 6, the County may demand repayment by the Subrecipient of any monies disbursed to the
13 Subrecipient under this Agreement that, in the County's sole judgment, were not expended in
14 compliance with this Agreement. The Subrecipient shall promptly refund all such monies upon
15 demand. This section survives the termination of this Agreement.
16 Article 7
17 Independent Subrecipient
18 7.1 Status. In performing under this Agreement, the Subrecipient, including its officers,
19 agents, employees, and volunteers, is at all times acting and performing as an independent
20 Subrecipient, in an independent capacity, and not as an officer, agent, servant, employee,joint
21 venturer, partner, or associate of the County.
22 7.2 Verifying Performance. The County has no right to control, supervise, or direct the
23 manner or method of the Subrecipient's performance under this Agreement, but the County may
24 verify that the Subrecipient is performing according to the terms of this Agreement.
25 7.3 Benefits. Because of its status as an independent Subrecipient, the Subrecipient
26 has no right to employment rights or benefits available to County employees. The Subrecipient
27 is solely responsible for providing to its own employees all employee benefits required by law.
28 The Subrecipient shall save the County harmless from all matters relating to the payment of
7
1 Subrecipient's employees, including compliance with Social Security withholding and all related
2 regulations.
3 7.4 Services to Others. The parties acknowledge that, during the term of this
4 Agreement, the Subrecipient may provide services to others unrelated to the County.
5 Article 8
6 Indemnity and Defense
7 8.1 Indemnity. The Subrecipient shall indemnify and hold harmless and defend the
8 County (including its officers, agents, employees, and volunteers) against all claims, demands,
9 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
10 liabilities of any kind to the County, the Subrecipient, or any third party that arise from or relate
11 to the performance or failure to perform by the Subrecipient (or any of its officers, agents,
12 subrecipients, or employees) under this Agreement. The County may conduct or participate in
13 its own defense without affecting the Subrecipient's obligation to indemnify and hold harmless or
14 defend the County.
15 8.2 Survival. This Article 8 survives the termination of this Agreement.
16 Article 9
17 Insurance
18 9.1 The Subrecipient shall comply with all the insurance requirements in Exhibit E to this
19 Agreement.
20 Article 10
21 Inspections, Audits, Record Maintenance, and Public Records
22 10.1 Inspection of Documents. The Subrecipient shall make available to the County,
23 and the County may examine at any time during business hours and as often as the County
24 deems necessary, all of the Subrecipient's records and data with respect to the matters covered
25 by this Agreement, excluding attorney-client privileged communications. The Subrecipient shall,
26 upon request by the County, permit the County to audit and inspect all of such records and data
27 to ensure the Subrecipient's compliance with the terms of this Agreement.
28 10.2 State Audit Requirements. If the compensation to be paid by the County under this
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1 Agreement exceeds $10,000, the Subrecipient is subject to the examination and audit of the
2 California State Auditor, as provided in Government Code section 8546.7, for a period of three
3 years after final payment under this Agreement. This section survives the termination of this
4 Agreement.
5 10.3 Single Audit Clause. If Subrecipient expends Seven Hundred Fifty Thousand
6 Dollars ($750,000) or more in Federal and Federal flow-through monies annually, Subrecipient
7 agrees to conduct an annual audit in accordance with the requirements of the Single Audit
8 Standards as set forth in Office of Management and Budget (OMB) Title 2 of the Code of
9 Federal Regulations Part 200. Subrecipient shall submit said audit and management letter to
10 County. The audit must include a statement of findings or a statement that there were no
11 findings. If there were negative findings, Subrecipient must include a corrective action signed by
12 an authorized individual. Subrecipient agrees to take action to correct any material non-
13 compliance or weakness found as a result of such audit. Such audit shall be delivered to
14 County's DSS, Administration, for review within nine (9) months of the end of any fiscal year in
15 which funds were expended and/or received for the program. Failure to perform the requisite
16 audit functions as required by this Agreement may result in County performing the necessary
17 audit tasks, or at County's option, contracting with a public accountant to perform said audit, or,
18 may result in the inability of County to enter into future agreements with Subrecipient. All audit
19 costs related to this Agreement are the sole responsibility of Subrecipient.
20 10.4 Program Audit Requirements. A single audit report is not applicable if all
21 Subrecipient's Federal contracts do not exceed the Seven Hundred Fifty Thousand Dollars
22 ($750,000) requirement or Subrecipient's funding is through Drug related Medi-Cal. If a single
23 audit is not applicable, a program audit must be performed and a program audit report with
24 management letter shall be submitted by Subrecipient to County as a minimum requirement to
25 attest to Subrecipient's solvency. Said audit report shall be delivered to County's DSS,
26 Administration, for review no later than nine (9) months after the close of the fiscal year in which
27 the funds supplied through this Agreement are expended. Failure to comply with this Act may
28 result in County performing the necessary audit tasks or contracting with a qualified accountant
9
1 to perform said audit. All audit costs related to this Agreement are the sole responsibility of
2 Subrecipient who agrees to take corrective action to eliminate any material noncompliance or
3 weakness found as a result of such audit. Audit work performed by County under this paragraph
4 shall be billed to the Subrecipient at County cost, as determined by County's Auditor-
5 Controller/Treasurer-Tax Collector.
6 10.5 Record Establishment and Maintenance. Subrecipient shall establish and maintain
7 records in accordance with those requirements prescribed by County, with respect to all matters
8 covered by this Agreement. Subrecipient shall retain all fiscal books, account records and client
9 files for services performed under this Agreement for at least five (5) years from date of final
10 payment under this Agreement or until all State and Federal audits are completed for that fiscal
11 year, whichever is later.
12 (A) Cost Documentation. Subrecipient agrees to maintain records to verify costs
13 under this Agreement including a General Ledger, properly executed payrolls, time
14 records, invoices, vouchers, orders, proof of payment, and any other accounting
15 documents pertaining in whole or in part to this Agreement and they shall be clearly
16 identified and readily accessible. The support documentation must indicate the line
17 budget account number to which the cost is charged.
18 (B) Service Documentation. Subrecipient agrees to maintain records to verify
19 services under this Agreement including names and addresses of clients served, if
20 applicable, and the dates of service and a description of services provided on each
21 occasion. These records and any other documents pertaining in whole or in part to this
22 Agreement shall be clearly identified and readily accessible.
23
(C) County shall notify Subrecipient in writing within thirty (30) days of any potential
24
State or Federal audit exception discovered during an examination. Where findings
25
indicate that program requirements are not being met and State or Federal participation
26
in this program may be imperiled in the event that corrections are not accomplished by
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Subrecipient within thirty (30) days of receipt of such notice from County, written
28
notification thereof shall constitute County's intent to terminate this Agreement.
10
1 10.6 Public Records. The County is not limited in any manner with respect to its public
2 disclosure of this Agreement or any record or data that the Subrecipient may provide to the
3 County. The County's public disclosure of this Agreement or any record or data that the
4 Subrecipient may provide to the County may include but is not limited to the following:
5 (A) The County may voluntarily, or upon request by any member of the public or
6 governmental agency, disclose this Agreement to the public or such governmental
7 agency.
8 (B) The County may voluntarily, or upon request by any member of the public or
9 governmental agency, disclose to the public or such governmental agency any record or
10 data that the Subrecipient may provide to the County, unless such disclosure is
11 prohibited by court order.
12 (C)This Agreement, and any record or data that the Subrecipient may provide to the
13 County, is subject to public disclosure under the Ralph M. Brown Act (California
14 Government 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 the
16 County, is subject to public disclosure as a public record under the California Public
17 Records Act (California Government Code, Title 1, Division 7, Chapter 3.5, beginning
18 with section 6250) ("CPRA").
19 (E) This Agreement, and any record or data that the Subrecipient may provide to the
20 County, is subject to public disclosure as information concerning the conduct of the
21 people's business of the State of California under California Constitution, Article 1,
22 section 3, subdivision (b).
23 (F) Any marking of confidentiality or restricted access upon or otherwise made with
24 respect to any record or data that the Subrecipient may provide to the County shall be
25 disregarded and have no effect on the County's right or duty to disclose to the public or
26 governmental agency any such record or data.
27 (G) Notwithstanding sections A-F above, any information protected by law shall not
28 be subject to public disclosure.
11
1 10.7 Public Records Act Requests. If the County receives a written or oral request
2 under the CPRA to publicly disclose any record that is in the Subrecipient's possession or
3 control, and which the County has a right, under any provision of this Agreement or applicable
4 law, to possess or control, then the County may demand, in writing, that the Subrecipient deliver
5 to the County, for purposes of public disclosure, the requested records that may be in the
6 possession or control of the Subrecipient. Within five business days after the County's demand,
7 the Subrecipient shall (a) deliver to the County all of the requested records that are in the
8 Subrecipient's possession or control, together with a written statement that the Subrecipient,
9 after conducting a diligent search, has produced all requested records that are in the
10 Subrecipient's possession or control, or (b) provide to the County a written statement that the
11 Subrecipient, after conducting a diligent search, does not possess or control any of the
12 requested records. The Subrecipient shall cooperate with the County with respect to any County
13 demand for such records. If the Subrecipient wishes to assert that any specific record or data is
14 exempt from disclosure under the CPRA or other applicable law, it must deliver the record or
15 data to the County and assert the exemption by citation to specific legal authority within the
16 written statement that it provides to the County under this section. The Subrecipient's assertion
17 of any exemption from disclosure is not binding on the County, but the County will give at least
18 10 days' advance written notice to the Subrecipient before disclosing any record subject to the
19 Subrecipient's assertion of exemption from disclosure. The Subrecipient shall indemnify the
20 County for any court-ordered award of costs or attorney's fees under the CPRA that results from
21 the Subrecipient's delay, claim of exemption, failure to produce any such records, or failure to
22 cooperate with the County with respect to any County demand for any such records.
23 Article 11
24 Disclosure of Self-Dealing Transactions and Conflict of Interest
25 11.1 Applicability. This Article 11 applies if the Subrecipient is operating as a
26 corporation, or changes its status to operate as a corporation.
27 11.2 Duty to Disclose. If any member of the Subrecipient's board of directors is party to a
28 self-dealing transaction, he or she shall disclose the transaction by completing and signing a
12
1 "Self-Dealing Transaction Disclosure Form" (Exhibit F to this Agreement) and submitting it to the
2 County before commencing the transaction or immediately after.
3 11.3 Definition. "Self-dealing transaction" means a transaction to which the Subrecipient
4 is a party and in which one or more of its directors, as an individual, has a material financial
5 interest.
6 11.4 Conflict of Interest. No officer, employee or agent of the County who exercises any
7 function or responsibility for planning and carrying out of the services provided under this
8 Agreement shall have any direct or indirect personal financial interest in this Agreement. In
9 addition, no employee of the County shall be employed by the Subrecipient under this
10 Agreement to fulfill any contractual obligations with the County. The Subrecipient shall comply
11 with all Federal, State of California and local conflict of interest laws, statutes and regulations,
12 which shall be applicable to all parties and beneficiaries under this Agreement and any officer,
13 employee or agent of the County.
14 Article 12
15 Confidentiality and Data Security
16
12.1 Conformance with Laws: All services performed by Subrecipient under this
17
Agreement shall be in strict conformance with all applicable Federal, State of California and/or
18
local laws and regulations relating to confidentiality. For the purpose of preventing the potential
19
loss, misappropriation or inadvertent disclosure of County data including sensitive or personal
20
client information; abuse of County resources; and/or disruption to County operations,
21
individuals and/or agencies that enter into a contractual relationship with County for the purpose
22
of providing services under this Agreement must employ adequate data security measures to
23
protect the confidential information provided to Subrecipient by County,
24 including but not limited to the following:
25 (A) Subrecipient-Owned Mobile/Wireless/Handheld Devices may not be connected
26
to County networks via personally owned mobile, wireless or handheld devices, except
27
when authorized by County for telecommuting and then only if virus protection software
28
currency agreements are in place, and if a secure connection is used.
13
1
(B) Subrecipient-Owned Computers or Computer Peripherals may not be brought
2
into County for use, including and not limited to mobile storage devices, without prior
3
authorization from County's Chief Information Officer or her designee. Data must be
4
stored on a secure server approved by County and transferred by means of a VPN
5
(Virtual Private Network) connection, or another type of secure connection of this type if
6
any data is approved to be transferred.
7
(C) County-Owned Computer Equipment— Subrecipient or anyone having an
8
employment relationship with County may not use County computers or computer
9
peripherals on non-County premises without prior authorization from County's Chief
10
Information Officer or her designee.
11
(D) Subrecipient may not store County's private, confidential or sensitive data on any
12
hard-disk drive.
13
(E) Subrecipient are responsible to employ strict controls to insure the integrity and
14
security of County's confidential information and to prevent unauthorized access to data
15
maintained in computer files, program documentation, data processing systems, data
16
files and data processing equipment which stores or processes County data internally
17
and externally.
18
(F) Confidential client information transmitted to one party by the other by means of
19
electronic transmissions must be encrypted according to Advanced Encryption
20 Standards (AES) of 128 BIT or higher. Additionally, a password or pass phrase must be
21
utilized.
22
(G)Subrecipient are responsible to immediately notify County of any breaches or
23
potential breaches of security related to County's confidential information, data
24
maintained in computer files, program documentation, data processing systems, data
25 files and data processing equipment which stores or processes County data internally or
26 externally.
27
(H) Subrecipient shall require its subcontractors to comply with the provisions of this
28 Data Security section.
14
1 Article 13
2 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
3 Lower Tier Covered Transactions.
4 13.1 County and Subrecipient recognize that Subrecipient is a recipient of State or
5 Federal assistance funds under the terms of this Agreement. By signing this Agreement,
6 Subrecipient agrees to comply with applicable Federal suspension and debarment regulations,
7 including but not limited to: 7 CFR 3016.35, 29 CRF 97.35, 45 CFR 92.35, and Executive Order
8 12549. By signing this Agreement, Subrecipient attests to the best of its knowledge and belief,
9 that it and its principals:
10 (A) Are not presently debarred, suspended, proposed for debarment, declared
11 ineligible, or voluntarily excluded from participation in this transaction by any Federal
12 department or agency; and
13 (B) Shall not knowingly enter into any lower tier covered transaction with an entity or
14 person who is debarred, suspended, proposed for debarment, declared ineligible, or
15 voluntarily excluded from participation in this transaction by any Federal department or
16 agency.
17 (C) Subrecipient shall provide immediate written notice to County if at any time
18 during the term of this Agreement Subrecipient learns that the representations it makes
19 above were erroneous when made or have become erroneous by reason of changed
20 circumstances.
21 13.2 Subrecipient shall include a clause titled "Certification Regarding Debarment,
22 Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transactions" and
23 similar in nature to this Article Thirteen (13) in all lower tier covered transactions and in all
24 solicitations for lower tier covered transactions.
25 13.3 Subrecipient shall, prior to soliciting or purchasing goods and services in excess of
26 $25,000 funded by this Agreement, review and retain the proposed vendor's suspension and
27 debarment status at https:Hsam.gov/SAM/.
28 13.4 The certification in Article Thirteen (13) of this Agreement is a material representation
15
1 of fact upon which County relied in entering into this Agreement.
2 Article 14
3 General Terms
4 14.1 Modification. Except as provided in Article 6, "Termination and Suspension," this
5 Agreement may not be modified, and no waiver is effective, except by written consent by both
6 parties. The Subrecipient acknowledges that County employees have no authority to modify this
7 Agreement except as expressly provided in this Agreement.
8 (A) Changes to line items in the Exhibit D, Compensation, in an amount not to
9 exceed 10% of the maximum annual compensation payable to the Subrecipient may be
10 made with the written approval of County's DSS Director, or designee. Said
11 modifications shall not result in any changes to the maximum compensation amount
12 payable to Subrecipient, as stated in this Agreement.
13 (B) Subrecipient agrees that reductions to the maximum compensation set forth
14 under Article Three (3) of this Agreement may be necessitated by a reduction in funding
15 from State or Federal sources. Any such reduction to the maximum compensation may
16 be made with the written approval of County's DSS Director or designee and
17 Subrecipient. Subrecipient further understands that this Agreement is subject to any
18 restriction, limitations, or enactments of all legislative bodies which affect the provisions,
19 term, or funding of this Agreement in any manner. If the parties do not provide written
20 approval for modification due to reduced funding, this Agreement may be terminated in
21 accordance with Section 6.1 above.
22 14.2 Subrecipient's Name Change. An amendment, assignment, or new agreement is
23 required to change the name of Subrecipient as listed on this Agreement. Upon receipt of legal
24 documentation of the name change, County will process the agreement. Payment of invoices
25 presented with a new name cannot be paid prior to approval of said agreement.
26 14.3 Public Information. Subrecipient shall disclose County as a funding source in all
27 public information and program materials developed in support of contracted services.
28 14.4 Non-Assignment. Neither party may assign its rights or delegate its obligations
16
1 under this Agreement without the prior written consent of the other party. Any transferee,
2 assignee or subrecipient will be subject to all applicable provisions of this Agreement, and all
3 applicable State and Federal regulations. Subrecipient shall be held primarily responsibly by
4 County for the performance of any transferee, assignee or subrecipient unless otherwise
5 expressly agreed to in writing by County. The use of subrecipient by Subrecipient shall not
6 entitle Subrecipient to any additional compensation than provided for under this Agreement.
7 14.5 Governing Law. The laws of the State of California govern all matters arising from
8 or related to this Agreement.
9 14.6 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
10 County, California. Subrecipient consents to California jurisdiction for actions arising from or
11 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
12 brought and maintained in Fresno County.
13 14.7 Construction. The final form of this Agreement is the result of the parties' combined
14 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
15 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
16 against either party.
17 14.8 Days. Unless otherwise specified, "days" means calendar days.
18 14.9 Headings. The headings and section titles in this Agreement are for convenience
19 only and are not part of this Agreement.
20 14.10 Severability. If anything in this Agreement is found by a court of competent
21 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
22 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
23 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
24 intent.
25 14.11 Nondiscrimination. During the performance of this Agreement, the Subrecipient
26 shall not unlawfully discriminate against any employee or applicant for employment, or recipient
27 of services, because of race, religious creed, color, national origin, ancestry, physical disability,
28 mental disability, medical condition, genetic information, marital status, sex, gender, gender
17
1 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
2 all applicable State of California and federal statutes and regulation.
3 (A) Domestic Partners and Gender Identity. For State fund-funded contracts of
4 $100,000 or more, Subrecipient certifies that it complies with Public Contract Code
5 Section 10295.3.
6 (B) Americans with Disabilities Act. Subrecipient shall comply with the Americans
7 with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of
8 disability, as well as all applicable regulations and guidelines issued pursuant to the ADA
9 (42 U.S.C. 12101 et seq.).
10 (C) Subrecipient shall include the non-discrimination and compliance provisions of
11 this section in all subcontracts to perform work under this Agreement.
12 14.12 Limited English Proficiency. Subrecipient shall provide interpreting and translation
13 services to persons participating in Subrecipient's services who have limited or no English
14 language proficiency, including services to persons who are deaf or blind. Interpreter and
15 translation services shall be provided as necessary to allow such participants meaningful
16 access to the programs, services and benefits provided by Subrecipient. Interpreter and
17 translation services, including translation of Subrecipient's "vital documents" (those documents
18 that contain information that is critical for accessing Subrecipient's services or are required by
19 law) shall be provided to participants at no cost to the participant. Subrecipient shall ensure that
20 any employees, agents, subcontractors, or partners who interpret or translate for a program
21 participant, or who directly communicate with a program participant in a language other than
22 English, demonstrate proficiency in the participant's language and can effectively communicate
23 any specialized terms and concepts peculiar to Subrecipient's services.
24 14.13 Drug-Free Workplace Requirements. For purposes of this paragraph, Subrecipient
25 will be referred to as the "grantee". By drawing funds against this grant award, the grantee is
26 providing the certification that it is required by regulations implementing the Drug-Free
27 Workplace Act of 1988, 45 CFR Part 76, Subpart F. These regulations require certification by
28 grantees that they will maintain a drug-free workplace. False certification or violation of the
18
1 certification shall be grounds for suspension of payments, suspension or termination of grants,
2 or government wide suspension or debarment. Subrecipient shall also comply with the
3 requirements of the Drug-Free Workplace Act of 1990 (California Government Code section
4 8350 et seq.).
5 14.14 Grievances. Subrecipient shall establish procedures for handling client complaints
6 and/or grievances. Such procedures will include provisions for informing clients of their rights to
7 a State Hearing to resolve such issues when appropriate.
8 14.15 Lobbying and Political Activity. None of the funds provided under this Agreement
9 shall be used for publicity, lobbying or propaganda purposes designed to support or defeat
10 legislation pending in the Congress of the United States of America or the Legislature of the
11 State of California. Subrecipient shall not directly or indirectly use any of the funds under this
12 Agreement for any political activity or to further the election or defeat of any candidate for public
13 office.
14 14.16 Clean Air Act and the Federal Water Pollution Control Act. If the compensation
15 to be paid by the County under this Agreement exceeds One Hundred Fifty Thousand and
16 No/100 Dollars ($150,000) of Federal funding, Subrecipient agrees to comply with all applicable
17 standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q)
18 and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations
19 must be reported to the Federal awarding agency and the Regional Office of the Environmental
20 Protection Agency (EPA).
21 14.17 Procurement of Recovered Materials. If compensation to be paid by the County
22 under this Agreement is funded in whole or in part with Federal funding, In the performance of
23 this Agreement, Subrecipient shall comply with section 6002 of the Solid Waste Disposal Act, as
24 amended by the Resource Conservation and Recovery Act. The requirements of Section 6002
25 include procuring only items designated in guidelines of the Environmental Protection Agency
26 (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials
27 practicable, consistent with maintaining a satisfactory level of competition, where the purchase
28 price of the item exceeds $10,000 or the value of the quantity acquired during the preceding
19
1 fiscal year exceeded $10,000; procuring solid waste management services in a manner that
2 maximizes energy and resource recovery; and establishing an affirmative procurement program
3 for procurement of recovered materials identified in the EPA guidelines.
4 14.18 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
5 of the Subrecipient under this Agreement on any one or more occasions is not a waiver of
6 performance of any continuing or other obligation of the Subrecipient and does not prohibit
7 enforcement by the County of any obligation on any other occasion.
8 14.19 Child Support Compliance Act. If compensation to be paid by the County under
9 this Agreement includes State funding in excess of$100,000, the Subrecipient acknowledges in
10 accordance with Public Contract Code 7110, that:
11 (A) Subrecipient recognizes the importance of child and family support obligations
12 and shall fully comply with all applicable state and federal laws relating to child and
13 family support enforcement, including, but not limited to, disclosure of information and
14 compliance with earnings assignment orders, as provided in Chapter 8 (commencing
15 with section 5200) of Part 5 of Division 9 of the Family Code; and
16 (B) Subrecipient to the best of its knowledge is fully complying with the earnings
17 assignment orders of all employees and is providing the names of all new employees to
18 the New Hire Registry maintained by the California Employment Development
19 Department.
20 14.20 Priority Hiring Considerations. If compensation to be paid by the County under this
21 Agreement includes State funding and services in excess of$200,000, Subrecipient shall give
22 priority consideration in filling vacancies in positions funded by the Agreement to qualified
23 recipients of aid under Welfare and Institutions Code Section 11200, in accordance with Public
24 Contract Code Section 10353.
25 14.21 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
26 between the Subrecipient and the County with respect to the subject matter of this Agreement,
27 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
28 publications, and understandings of any nature unless those things are expressly included in
20
1 this Agreement. If there is any inconsistency between the terms of this Agreement without its
2 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
3 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
4 exhibits.
5 14.22 No Third-Party Beneficiaries. This Agreement does not and is not intended to
6 create any rights or obligations for any person or entity except for the parties.
7 14.23 Authorized Signature. The Subrecipient represents and warrants to the County
8 that:
9 (A) The Subrecipient is duly authorized and empowered to sign and perform its
10 obligations under this Agreement.
11 (B) The individual signing this Agreement on behalf of the Subrecipient is duly
12 authorized to do so and his or her signature on this Agreement legally binds the
13 Subrecipient to the terms of this Agreement.
14 14.24 Electronic Signatures. The parties agree that this Agreement may be executed by
15 electronic signature as provided in this section.
16 (A) An "electronic signature" means any symbol or process intended by an individual
17 signing this Agreement to represent their signature, including but not limited to (1) a
18 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
19 electronically scanned and transmitted (for example by PDF document) version of an
20 original handwritten signature.
21 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
22 equivalent to a valid original handwritten signature of the person signing this Agreement
23 for all purposes, including but not limited to evidentiary proof in any administrative or
24 judicial proceeding, and (2) has the same force and effect as the valid original
25 handwritten signature of that person.
26 (C)The provisions of this section satisfy the requirements of Civil Code section
27 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
28 Part 2, Title 2.5, beginning with section 1633.1).
21
1 (D) Each party using a digital signature represents that it has undertaken and
2 satisfied the requirements of Government Code section 16.5, subdivision (a),
3 paragraphs (1) through (5), and agrees that each other party may rely upon that
4 representation.
5 (E) This Agreement is not conditioned upon the parties conducting the transactions
6 under it by electronic means and either party may sign this Agreement with an original
7 handwritten signature.
8 14.25 Counterparts. This Agreement may be signed in counterparts, each of which is an
9 original, and all of which together constitute this Agreement.
10 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Agreement on the date stated in the introductory clause.
2
Subrecipient County Of Fresno
3 RH Community Builders
4
5
6 Wayne Rutledge/ Nathan Magsig, Chairman of the Board of
CEO Supervisors of the County of Fresno
7
Mailing Address:
8 3040 N. Fresno Attest:
Fresno, CA 93703 Bernice E. Seidel
9 Clerk of the Board of Supervisors
County of Fresno, State of California
10
11 Brad Hardie
President By:
12 Deputy
Mailing Address:
13 3040 N. Fresno
Fresno, CA 93703
14
15
For accounting use only:
16
Org No.: 56107114
17 Account No.: 7870
Fund No.: 0001
18 Subclass No.: 10000
19
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Exhibit A
SCO ID:
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES Agreemen t N7. 22-047
STANDARD AGREEMENT I AGREEMENT NUMBER 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
Exhibit A Authority,Purpose and Scope of Work 8
Exhibit B Budget Detail and Disbursement Provisions 2
Exhibit C Homeless Coordinating and Financing Council General Terms and Conditions 8
Exhibit D Special Terms and Conditions 2
Exhibit E State of California General Terms and Conditions 1
Exhibit F Standard Agreement to Apply 5
Items shown with an asterisk('),are hereby incorporated by reference and made part of this agreementas if attached hereto.
These documents can be viewed at httos.//www.das.co.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 ZIP
P.O.Box 1912 Fresno CA 93718
PRINTED NAME OF PERSON SIGNING TITLE
Brian Pacheco Chairman,County of Fresno Board of Supervisors
CONTRACT R A HORIZED SIGNATURE DATE SIGNED
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno, State of California
By
Deputy
A_1 Page 1 of 2
Exhibit A
SCO ID:
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NU MBER(If Applicable)
STD 213(Rev.04/2020) 22-HHAP-10015 I 010725
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Business,Consumer Services and Housing Agency
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
915 Capitol Mall,Suite 350-A Sacramento CA 95814
PRINTED NAME OF PERSON SIGNING TITLE
Lourdes Castro Ramirez Secretary
CONTRACTING A NCY AUTH IZED S NATURE DATE SIGNED
CALIFORfy A DEPART ENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable)
A-2 Page 2 of 2
Exhibit A
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
' I
A-3 Initial
Exhibit A
Fresno 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.
A-4 Initial
Exhibit A
Fresno County
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.
Il�a
A-5 Initial
Exhibit A
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) & (0, 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.
A-6 Initial
Exhibit A
Fresno County
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.
A_7 Initial
Exhibit A
Fresno County
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.
A-8 Initial
Exhibit A
Fresno County
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.Duron@bcsh.ca.gov Ihaga@fresnocountyca.gov
All requests to update the Grantee information listed within this Agreement shall be
emailed to the HHAP Program's general email box at hhap@bcsh.ca.gov. The
Council reserves the right to change their representative and/or contact information
at any time with notice to the Grantee.
6) Effective Date, Term of Agreement, and Deadlines
a) This Agreement is effective upon approval by the Agency (indicated by the
signature provided by Agency in the lower left section of page one, Standard
Agreement, STD. 213), when signed by all parties.
b) This Agreement shall terminate on October 1, 2026, or upon delivery of the
HHAP-3 final report required by HSC § 50223(b), whichever is sooner.
c) Grantee shall submit an application for the remainder of their HHAP-3 allocation
by June 30, 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 remaining
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:
1�f
A_g Initial
Exhibit A
Fresno County
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.
�1
A-10 Initial
Exhibit A
Fresno County
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
All Grantees must submit the following forms prior to HHAP-3 funds being released:
• Request for Funds Form ("RFF")
• STD 213 Standard Agreement form and initialed Exhibits A through F
• STD 204 Payee Data Record or Government Agency Taxpayer ID Form
3) Disbursement of Funds
HHAP-3 funds 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.
A-11 Initial
Exhibit A
Fresno County
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 (f), 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.
I)
A-12 Initial
Exhibit A
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 federa► or state laws;
or withdrawal of Agency's expenditure authority. Upon termination of this
Agreement, unless otherwise approved in writing by Agency, any unexpended
funds received by the Grantee shall be returned to Agency within 30 days
of Agency's notice of termination.
b) Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made
available to Agency by legislative appropriation. In addition, this Agreement is
subject to any additional restrictions, limitations or conditions, or statutes,
regulations or any other laws, whether federal or those of the State of California,
or of any agency, department, or any political subdivision of the federal or State
of California governments, which may affect the provisions, terms or funding of
this Agreement in any manner.
2) Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other
means, the rights, duties, or performance of this Agreement or any part thereof,
except as allowed within Exhibit C Section 12 (Special Conditions — Grantees/Sub
Grantee) or with the prior written approval of HCFC and a formal amendment to this
Agreement to affect such subcontract or novation.
3) Grantee's Application for Funds
Pursuant to HSC § 50220.7(a)(1), Grantee is required to submit to HCFC an
application for the remainder of their HHAP-3 allocation to support regional
coordination and expand or develop local capacity to address its immediate
homelessness challenges.
A-13 Initial
Exhibit A
Fresno County
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.
U1r
A-14 Initial
Exhibit A
Fresno County
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.
A-15 Initial
Exhibit A
Fresno County
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
At
A-16 Initial
Exhibit A
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).
i
YSf�
A-17 Initial
Exhibit A
Fresno 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
�)11
A-18 Initial
Exhibit A
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 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 Requiations
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)lnspections
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.
A-19 Initial
Exhibit A
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.
A-20 Initial
Exhibit A
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 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
A-21 Initial
Exhibit A
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.
A-22 Initial
Exhibit A
Fresno County
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-
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.
A-23 Initial
Exhibit A
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
A-24 Initial
Exhibit A
Fresno County
122-HHAP-10015
Business,Consumer Services and Housing Agency HOMELEss co")atA Q{a of 26
Gavin Newsom,Governor I Lourdes M.Castro Ramirez,Secretary AND FINANCING COUNCII
L!041 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 1.
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@fresnocountyca.gb
Individual or Joint Application Designation:
❑ will submit an Individual application for HHAP-3
funding
❑✓ 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 located within the
some geographic area as the local CoC.
HHAP•3 Agreement to Apply 1
Published 9/15/2021
A-25 Initial
Exhibit A
Fresno County
22-HHAP-10015
Jurisdiction Name Applicant Type (County, d-9,eo i
Fresno Madera Continuum of Care CoC
i
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
I
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
jurisdictions) entitled to the funds or to provide regional housing or services that serve the
population living in each of the jurisdiction(s) entitled to the funds.
4. The Administrative Entity is responsible for complying with all program expenditure requirements and
deadlines for the total combined allocations it is administering.
S. 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
A-26 Initial
Exhibit A
Fresno County
22-HHAP-10015
Page 25 of 26
HHAP-3 APPLICATION REQUIREMENTS
Application Requirements—All APPLICANTS:
By initialing below, the eligible applicont(s) acknowledges their intent to participate in the HHAP•3
application process as follows:
the eligible applicant(s) will receive an Initial disbursement equaling no more than 20% (or 25%
for jot Iy 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),
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.
(CI 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, on 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
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 ogendized 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
A-27 Initial
Exhibit A
Fresno County
22-HHAP-10015
Page 26 of 26
HHAP-3 GRANTEE AWARD DISBURSEMENT INFORMATION
ALL APPLICANTS:
Instructions: Please fill out the inforration 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.ca.gov.
Select one:
21 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 lD Form for the initial HHAP-3 award disbursement
Select one:
Q 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, Ch irman, County of Fresno Board of Supervisors Clerk of the Board of Supervisors
Name and Title 9 t orized Representative CCounty f Fresno,Site of C t'fomia
Deputy (�
Signatur t Aulhorized Representative Date
HHAP-3 Agreement to Apply 4
Published 9/15/2021
A-28 Initial
Exhibit A
FOR ACCOUNTING USE ONLY:
SRF Org: 1132 Homeless Services
Fund:0065
Subclass: 17237
Account: 3575-State Other
A-29
Exhibit B
SCO ID: Agreement No. 23-045
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(if Applicable)
STD 213(Rev.04/2020) 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
items shown with on asterisk(*),are hereby incorporated by reference andmodepartof this agreement as if attached ereto.
These documents can be viewed at hM2s.11www.dgs.ca.gov/OL5/Resources
IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.)
County of Fresno
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
P.O.Box 1912 Fresno CA 93718
PRINTED NAME OF PERSON SIGNING TITLE
Sal Quintero Chairman,County of Fresno Board of Supervisors
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno,State of California
By_ Deputy
B-1 Page 1 of 2
SCO ID:
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES Exhibit B
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
915 Capitol Mall,Suite 350-A Sacramento CA 95814
PRINTED NAME OF PERSON SIGNING TITLE
Lourdes Castro Ramirez Secretary
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable)
B-2
Page 2of2
Exhibit B
Fresno County
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
B-3rritial
Exhibit B Fresno County
22-HHAP-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.
B-4
Exhibit B
Fresno County
22-H HAP-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.
B-5 al
Exhibit B
Fresno County
22-HHAP-20015
4 of 28
1) "Round 1" of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1, 2019.
2) "Round 2" of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1, 2020.
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.
B-6 al
Exhibit B
Fresno County
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 to newly developed clinically enhanced congregate
shelters, new or existing noncongregate shelters, and operations of existing
navigation centers and shelters based on demonstrated need. Demonstrated
need for purposes of this paragraph shall be based on the following:
i) The number of available shelter beds in the city, county, or region served by a
Continuum of Care.
ii) The number of people experiencing unsheltered homelessness in the
homeless point-in-time count.
iii) Shelter vacancy rate in the summer and winter months.
iv) Percentage of exits from emergency shelters to permanent housing solutions.
v) A plan to connect residents to permanent housing.
vi) Any new interim sheltering funded by HHAP-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.
B-7
Exhibit B Fresno County
22-H HAP-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 Victor Duron Laura Moreno
COORDINATOR
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.
B-8 I
Exhibit B
Fresno County
22-H HAP-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.
B-9 I
Exhibit B Fresno County
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:
1) 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.
B10
Exhibit B Fresno County
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 S 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
F
B-11 Initial
Exhibit B Fresno County
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.
B-12
Exhibit B Fresno County
22-HHAP-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.
B-13
Exhibit B Fresno County
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.
T
B-14 Initial
Exhibit B Fresno County
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.
IN) 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.
B-15 I iti I
Exhibit B
Fresno County
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.
B-16 I
Exhibit B Fresno County
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.
B-17 I
Exhibit B Fresno County
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.
B-18 I itia
Exhibit B
Fresno County
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).
B-19 I ti
Exhibit B Fresno County
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 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 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
B-20
Exhibit B Fresno County
22-H HAP-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.
B-21 I 'ti
Exhibit B Fresno County
22-H HAP-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.
B-22 I '
Exhibit B Fresno County
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
B-23 I
Exhibit B Fresno County
22-H HAP-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.
B-24
Exhibit B Fresno County
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:
httr)s://www.dgs.ca.gov/-/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.
B-25 ,
Exhibit B Fresno County
22-HHAP-20015
Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-324 of 28
Standard Agreement
EXHIBIT F
STANDARD AGREEMENT TO APPLY
B-26
Exhibit B Fresno County
LI %FR0015
Business,Consumer Services and Housing Agency HOMELESS COORDINAT Of 28
Gavin Newsom,Governor I Lourdes M.Castro Ramirez,Secretary AND FINANCING COUNCIL
L .. ..�.... __.,. _...__.�......_......,�..._,�... .._.__._._.w_.._.___..__.�_ 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: ❑✓ County: County of Fresno
❑ Continuum of Care: CoC Number:
Administrative Entity: County of Fresno
Contact Person: Laura Moreno
Title: Program Manager
Contact Phone Number, 559-600-2335
Contact Email Address: Ihaga@fresnocountyca.g�
Individual or Joint Application Designation:
❑ will submit an Individual application for HHAP-3
funding
f-,/-1 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
same geographic area as the local CoC.
HHAP-3 Agreement to Apply 1
Published 9/15/2021
B_27 I 'tia
Exhibit B Fresno County
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:
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 same
region.
3. The Administrative Entity receiving allocations on behalf of joint applicants shall use the funds in the
jurisdictions) entitled to the funds or to provide regional housing or services that serve the
population living in each of the jurisdiction(s) entitled to the funds.
4. The Administrative Entity is responsible for complying with all program expenditure requirements and
deadlines for the total 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
B-28
Exhibit B Fresno County
22-H HAP-20015
27 of 28
HHAP-3 APPLICATION REQUIREMENTS
Application Requirements-ALL APPLICANTS:
By initialing below, the eligible applicant(s) acknowledges their intent to participate in the HHAP-3
application 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).
_� 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 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
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 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
B-29
Exhibit B
Fresno County
22-HHAP-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:" 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.ca.gov.
Select one:
❑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
❑I have included a new Tax ID Form for the initial HHAP-3 award disbursement
Select one:
El 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 t orized Representative County iK Fresqo,ste of c I�fomla
' By Deputy i
5` dfla
Signatm of Authorized Representative Date
HHAP-3 Agreement to Apply 4
Published 9/15/2021
B-30 I ti I
Exhibit B
FOR ACCOUNTING USE ONLY:
SRF Org: 1132 Homeless Services
Fund:0065
Subclass: 17237
Account: 3575-State Other
B-31
Exhibit C
SCOPE OF SERVICES
ORGANIZATION: RH Community Builders
SERVICES: Landlord Engagement and Risk Mitigation Fund Services
ADDRESS: 3040 N. Fresno Street, Fresno, CA 93703
TELEPHONE: (559) 981-1034
CONTACT: Katie Wilbur, Executive Director
CONTRACT PERIOD: JULY 1, 2024 - JUNE 30, 2025 (Base)
JULY 1, 2025 - JUNE 30, 2026 (Base)
JULY 1, 2026 - JUNE 30, 2027 (Optional)
JULY 1, 2027 - JUNE 30, 2028 (Optional)
JULY 1, 2028 - JUNE 30, 2029 (Optional)
CONTRACT AMOUNT: $1,793,193
I. SERVICE DESCRIPTION
RH Communities Builders (RHCB) will provide Landlord Engagement and Risk Mitigation
Fund services to increase the available housing inventory of agencies working within the
Fresno Madera Continuum of Care (FMCoC) Coordinated Entry System (CES), the
centralized homeless services system in Fresno and Madera counties. Landlord engagement
and risk mitigation fund services are aimed to address barriers to attaining rental housing for
homeless individuals and families receiving services through FMCoC agencies and programs.
Activities are intended to build relationships, provide support to property owners and
managers, and encourage increased collaboration in housing the homeless in Fresno and
Madera counties.
II. TARGET POPULATION
This program will provide services to benefit homeless individuals and families within Fresno
and Madera counties that have been prioritized through the FMCoC CES but are unable to
locate housing independently or by working with CES housing navigators. RHCB will be
expected to be able to navigate the unique needs of homeless households and positively
market them as tenants to prospective landlords. As RHCB will serve as a liaison between
homeless service agencies and landlords, the target population for these services shall be all
landlords with single, multi-family, or affordable family units available in Fresno and Madera
counties. Other key targets for these services will be nonprofit developers, local property
management agencies, and landlords with small-to medium-sized holdings.
III. LANDLORD ENGAGEMENT SERVICES
A. Landlord Engagement services foster collaboration between landlords and FMCoC
agencies to focus on addressing housing challenges. The primary goal is to increase the
availability of affordable housing options for homeless households. Landlord Engagement
services are intended to build relationships with local landlords and property management
agencies and serve as an access point for landlords and agencies seeking to connect
available units to individuals and families in search of housing.
C-1
Exhibit C
B. Case Management. The Housing Specialist will actively engage in resolving any landlord-
related concerns directly with the client if the household placed through the program lacks
case management through an FMCoC program. The Housing Specialist will also provide
tenant education to clients that have been identified as needing additional support in order
to retain their housing. Additionally, RHCB should maintain regular communication with
Homeless Services Providers to ensure that clients are receiving the necessary case
management support.
C. RHCB will manage a local centralized housing inventory database of local landlords and
property managers that are willing to work with the identified target population, as well as
specific housing units. This listing will be available to local homeless services agencies for
locating housing placements for homeless individuals and families.
IV. RISK MITIGATON FUND SERVICES
A. The Landlord Risk Mitigation Fund is accessible to landlords that offset specific costs
incurred by eligible individuals and families, such as excess damage to rental units or
unpaid rent. The fund's purpose is to incentivize landlords to ease screening criteria for
individuals experiencing homelessness, particularly those facing barriers to securing
housing independently. Additionally, it serves to maintain positive landlord relationships in
the face of potential financial losses.
B. RHCB will develop policies and procedures for the fund in collaboration with the Fresno
County Department of Social Services (DSS), and work with agencies and local landlords
to administer the fund. Eligible costs will include damages beyond the security deposit,
and other reasonable costs to be determined by DSS. Thorough documentation, legal
review, and detailed recordkeeping of all transactions will be required. Client enrollment
will be determined on an individual basis by FMCoC agency case managers. RHCB will
document enrollment and resolve claims in a timely manner. Eligibility for Risk Mitigation
payments will be limited to a maximum of two years after client enrollment.
V. SUBRECIPIENT RESPONSIBILITIES
Landlord Engagement
A. Be a member in good standing of the Fresno Madera Continuum of Care (FMCoC) or join
the FMCoC within 30 days of award announcement: paying annual dues, regularly
attending meetings, and contributing to the work of the FMCoC. See FMCoC
Bylaws/Governance Charter, Article III for General Membership Information at
fresnomaderahomess.org/about-us.
B. Be familiar with the FMCoC and the CES for housing placements, including general CES
operations.
C. Be informed about the affordable rental market in Fresno and Madera counties and be
knowledgeable about renters' and landlords' rights and responsibilities.
D. Develop outreach materials, including general program information, program contact
information, and other needed program materials, and provide these materials to
landlords.
E. Provide regular and coordinated outreach activities to landlords in the community to
educate about the FMCoC and CES clients. Outreach activities will be in person, by
phone, via mail, via email, and at community and industry events.
F. Meet with landlords and property managers in person to share information and answer
questions about the FMCoC and its programs, or specific households, as needed.
G. Respond to landlord and property management concerns, including concerns about
individual families, and work with landlords and agencies to resolve problems in a fair and
neutral manner.
H. Provide tenant education to clients placed through the program that have been identified
as needing additional support in order to comply with their lease and retain housing.
C-2
Exhibit C
I. Maintain regular communication with Homeless Services Providers to ensure that clients
are receiving the necessary case management support.
J. Track all outreach and engagement activities, as well as any case management services
to document the individuals and organizations contacted, as well as the outcome of the
contact (when applicable).
K. Track all prospective rental vacancies, including any relevant data requested by FMCoC,
in a local, centralized housing database. This database must be available to local
homeless service agencies.
L. Maintain Satisfactory Performance— Per Section 1.2 of the Agreement, optional
renewals are dependent upon Subrecipient's satisfactory performance and will include
the following:
1. Satisfactory performance outcomes
a. CalAIM utilization - which shall be defined as follows:
b. Becoming a CalAIM provider of Enhanced Care Management and Community
Supports;
c. Having a specific plan with a CalAIM provider (approved by the County) to
leverage available resources; or
d. Making satisfactory progress (as approved by the County) toward becoming a
CalAIM provider or partnering with an existing CalAIM provider to leverage
available resources.
2. Maintain Membership in good standing with the FMCoC.
Landlord Risk Mitigation Fund
A. Manage a fund to cover costs, beyond the deposit, that may be incurred by FMCoC
households that have been placed in rental housing by FMCoC agencies.
B. Provide rent guarantees for cases where clients may break a lease or otherwise cause
financial losses to property owners.
C. In consultation with DSS, develop the policies, standards, and guidelines for the Landlord
Risk Mitigation Fund, including limits on each available cost and for claim totals.
D. Based on funding limits, and expected number of claims, determine the number of clients
that may be enrolled in the program and ensure that this enrollment limit is not surpassed.
E. Ensure appropriate legal review is provided as necessary in the development of policies
and any required contracts or agreements.
F. Ensure that all funds paid out are following the guidelines developed, including back-up
documentation and photographic verification, when applicable.
G. Ensure that all claims to the Risk Mitigation Fund are resolved within 90 days of initial
receipt.
H. Ensure that policies and procedures for the Risk Mitigation Fund are in place within 90
days of contract execution.
VI. DSS RESPONSIBILITIES
A. Schedule and facilitate meetings as often as needed for service coordination, problem
resolution, information sharing, training, review, and monitoring of services.
B. Communicate and coordinate with RHCB as often as needed to ensure that services are
provided in the most effective, efficient, and timely manner possible.
C. In addition to monitoring progress and outcomes through regular meetings and monthly
activity reports, annual site visits will be conducted for inspection of client files, and
observation of daily on-site activities.
D. In instances where units owned or managed by partners of RHCB are damaged and
eligible for compensation by the Risk Mitigation Fund, all claims will be processed by DSS
directly. RHCB may not process these claims.
C-3
Exhibit C
VII.PERFORMANCE OUTCOMES
RHCB will provide complete and accurate monthly activity reports to DSS, in a report format
approved by the County within 30 days following the month in which services were rendered.
Monthly data will be collected on Landlord Engagement activities performed, housing
inventory attained as a result of Landlord Engagement activities, and any claims made to the
Landlord Mitigation Fund. In addition to these reports, progress and outcomes will be
monitored through regular meetings, site visits, inspection of files, and observation of outreach
events or other services provided.
RHCB will meet the following outcomes:
A. Establish and provide 80 affordable housing units per year to FMCoC programs and
households.
• At least 75% of the 80 affordable units will be used to house FMCoC clients only.
• No more than 30% of units counted toward this outcome may be managed by
RHCB partners; no units owned by RHCB partners may be counted toward this
outcome.
B. Recruit a minimum of 10 new landlords per year that have not rented to FMCoC clients or
agencies within the past twelve months.
C. By June 30, 2026, have recruited and maintain a cumulative pool of at minimum 25
landlords to rent to FMCoC households on an ongoing basis.
C-4
Exhibit D
COMPENSATION
The Subrecipient will be compensated for performance of its services under this
Agreement as provided in this Exhibit D. The Subrecipient is not entitled to any compensation
except as expressly provided in this Exhibit D.
BUDGET SUMMARY
ORGANIZATION: RH Community Builders
SERVICES: Landlord Engagement and Risk Mitigation Fund Services
CONTRACT TERM: July 1, 2024-June 30, 2029
CONTRACT TOTAL: $1,793,193
Budget Categories Amount
Personnel
Salaries
0.25 FTE Director
0.25 FTE Fiscal Analyst
1.00 FTE Housing Locator
1.00 FTE Housing Specialist
Payroll Taxes
Benefits
Subtotal $941,074
Operations
Insurance
Communication
Office Expenses
Equipment
Transportation and Travel
Program Supplies
Fiscal &Audits
Training
Other Operational Expenses
Subtotal $322,010
Indirect Costs
(Not to exceed 10% of Landlord Engagement Services Costs
Claimed)
Indirect Costs
Subtotal $126,307
Budget Category Amount
Risk Mitigation Fund
Funds Available to Landlords
Subtotal $403,802
Total $1,793,193
D-1
Exhibit D
BUDGET SUMMARY
ORGANIZATION: RH Community Builders
SERVICES: Landlord Engagement and Risk Mitigation Fund Services
CONTRACT TERM: July 1, 2024-June 30, 2025
CONTRACT TOTAL: $324,523 (Base)
Budget Categories Amount
Personnel
Salaries
0.25 FTE Director
0.25 FTE Fiscal Analyst
1.00 FTE Housing Locator
1.00 FTE Housing Specialist
Payroll Taxes
Benefits
Subtotal $168,240
Operations
Insurance
Communication
Office Expenses
Equipment
Transportation and Travel
Program Supplies
Fiscal &Audits
Training
Other Operational Expenses
Subtotal $57,182
Indirect Costs
(Not to exceed 10% of Landlord Engagement Services Costs
Claimed)
Indirect Costs
Subtotal $22,541
Budget Category Amount
Risk Mitigation Fund
Funds Available to Landlords
Subtotal $76,560
Total $324,523
D-2
Exhibit D
BUDGET SUMMARY
ORGANIZATION: RH Community Builders
SERVICES: Landlord Engagement and Risk Mitigation Fund Services
CONTRACT TERM: July 1, 2025-June 30, 2026
CONTRACT TOTAL: $340,749 (Base)
Budget Categories Amount
Personnel
Salaries
0.25 FTE Director
0.25 FTE Fiscal Analyst
1.00 FTE Housing Locator
1.00 FTE Housing Specialist
Payroll Taxes
Benefits
Subtotal $176,652
Operations
Insurance
Communication
Office Expenses
Equipment
Transportation and Travel
Program Supplies
Fiscal &Audits
Training
Other Operational Expenses
Subtotal $60,039
Indirect Costs
(Not to exceed 10% of Landlord Engagement Services Costs
Claimed)
Indirect Costs
Subtotal $23,670
Budget Category Amount
Risk Mitigation Fund
Funds Available to Landlords
Subtotal $80,388
Total $340,749
D-3
Exhibit D
BUDGET SUMMARY
ORGANIZATION: RH Community Builders
SERVICES: Landlord Engagement and Risk Mitigation Fund Services
CONTRACT TERM: July 1, 2026-June 30, 2027
CONTRACT TOTAL: $357,786 (Optional)
Budget Categories Amount
Personnel
Salaries
0.25 FTE Director
0.25 FTE Fiscal Analyst
1.00 FTE Housing Locator
1.00 FTE Housing Specialist
Payroll Taxes
Benefits
Subtotal $187,250
Operations
Insurance
Communication
Office Expenses
Equipment
Transportation and Travel
Program Supplies
Fiscal &Audits
Training
Other Operational Expenses
Subtotal $63,703
Indirect Costs
(Not to exceed 10% of Landlord Engagement Services Costs
Claimed)
Indirect Costs
Subtotal $25,095
Budget Category Amount
Risk Mitigation Fund
Funds Available to Landlords
Subtotal $81,738
Total $357,786
D-4
Exhibit D
BUDGET SUMMARY
ORGANIZATION: RH Community Builders
SERVICES: Landlord Engagement and Risk Mitigation Fund Services
CONTRACT TERM: July 1, 2027-June 30, 2028
CONTRACT TOTAL: $375,676 (Optional)
Budget Categories Amount
Personnel
Salaries
0.25 FTE Director
0.25 FTE Fiscal Analyst
1.00 FTE Housing Locator
1.00 FTE Housing Specialist
Payroll Taxes
Benefits
Subtotal $198,676
Operations
Insurance
Communication
Office Expenses
Equipment
Transportation and Travel
Program Supplies
Fiscal &Audits
Training
Other Operational Expenses
Subtotal $67,717
Indirect Costs
(Not to exceed 10% of Landlord Engagement Services Costs
Claimed)
Indirect Costs
Subtotal $26,639
Budget Category Amount
Risk Mitigation Fund
Funds Available to Landlords
Subtotal $82,644
Total $375,676
D-5
Exhibit D
BUDGET SUMMARY
ORGANIZATION: RH Community Builders
SERVICES: Landlord Engagement and Risk Mitigation Fund Services
CONTRACT TERM: July 1, 2028-June 30, 2029
CONTRACT TOTAL: $394,459 (Optional)
Budget Categories Amount
Personnel
Salaries
0.25 FTE Director
0.25 FTE Fiscal Analyst
1.00 FTE Housing Locator
1.00 FTE Housing Specialist
Payroll Taxes
Benefits
Subtotal $210,256
Operations
Insurance
Communication
Office Expenses
Equipment
Transportation and Travel
Program Supplies
Fiscal &Audits
Training
Other Operational Expenses
Subtotal $73,369
Indirect Costs
(Not to exceed 10% of Landlord Engagement Services Costs
Claimed)
Indirect Costs
Subtotal $28,362
Budget Category Amount
Risk Mitigation Fund
Funds Available to Landlords
Subtotal $82,472
Total $394,459
D-6
Exhibit E
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 DSSContractinsurance(a-fresnocountyca.gov,
Attention: Assigned Analyst.
(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.
(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
E-1
Exhibit E
insurance and any other insurance, or self-insurance, maintained by the County
shall be excess only and not contributing with insurance provided under the
Subrecipient's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(B) Acceptability of Insurers. All insurance policies required under this Agreement must be
issued by admitted insurers licensed to do business in the State of California and
possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no
less than A: VI I.
(C) Notice of Cancellation or Change. For each insurance policy required under this
Agreement, the Subrecipient shall provide to the County, or ensure that the policy
requires the insurer to provide to the County, written notice of any cancellation or change
in the policy as required in this paragraph. For cancellation of the policy for nonpayment
of premium, the Subrecipient shall, or shall cause the insurer to, provide written notice to
the County not less than 10 days in advance of cancellation. For cancellation of the
policy for any other reason, and for any other change to the policy, the Subrecipient
shall, or shall cause the insurer to, provide written notice to the County not less than 30
days in advance of cancellation or change. The County in its sole discretion may
determine that the failure of the Subrecipient or its insurer to timely provide a written
notice required by this paragraph is a breach of this Agreement.
(D) County's Entitlement to Greater Coverage. If the Subrecipient has or obtains
insurance with broader coverage, higher limits, or both, than what is required under this
Agreement, then the County requires and is entitled to the broader coverage, higher
limits, or both. To that end, the Subrecipient shall deliver, or cause its broker or producer
to deliver, to the County's Risk Manager certificates of insurance and endorsements for
all of the coverages that have such broader coverage, higher limits, or both, as required
under this Agreement.
(E) Waiver of Subrogation. The Subrecipient waives any right to recover from the County,
its officers, agents, employees, and volunteers any amounts paid under the policy of
worker's compensation insurance required by this Agreement. The Subrecipient is solely
responsible to obtain any policy endorsement that may be necessary to accomplish that
waiver, but the Subrecipient's waiver of subrogation under this paragraph is effective
whether or not the Subrecipient obtains such an endorsement.
(F) County's Remedy for Subrecipient's Failure to Maintain. If the Subrecipient fails to
keep in effect at all times any insurance coverage required under this Agreement, the
County may, in addition to any other remedies it may have, suspend or terminate this
Agreement upon the occurrence of that failure, or purchase such insurance coverage,
and charge the cost of that coverage to the Subrecipient. The County may offset such
charges against any amounts owed by the County to the Subrecipient under this
Agreement.
(G)Subrecipients. The Subrecipient shall require and verify that all subrecipients used by
the Subrecipient to provide services under this Agreement maintain insurance meeting
E-2
Exhibit E
all insurance requirements provided in this Agreement. This paragraph does not
authorize the Subrecipient to provide services under this Agreement using subrecipients.
E-3
Exhibit F
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno ("County"), members of a
Subrecipient's board of directors ("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 used for purposes of completing this disclosure form.
Instructions
(1) Enter board member's name, job title (if applicable), and date this disclosure is being
made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction;
and
b. The nature of the material financial interest in the Corporation's transaction that
the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
The form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
F-1
Exhibit F
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a
party to)
(4) Explain why this self-dealing transaction is consistent with the requirements of
Corporations Code § 5233 (a)
(5) Authorized Signature
Signature: Date:
F-2