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HomeMy WebLinkAboutP-24-356 Poverello House.pdf 1-0 County of Fresno INTERNAL SERVICES DEPARTMENT Facilities• Fleet•Graphics• Purchasing •Security•Technology O� 1$5 O ORES PROCUREMENT AGREEMENT Agreement Number P-24-356 June 28, 2024 Poverello House 412 F Street Fresno, CA 93606 The County of Fresno (County) hereby contracts with Poverello House (Contractor)to provide Triage Center Emergency Shelter Services in accordance with the text of this agreement and Exhibits A, B, and C by this reference made a part hereof. TERM: This Agreement shall become effective July 1, 2024 and shall remain in effect through August 31, 2024. EXTENSION: This Agreement may be extended for two (2) additional one (1) month period by the mutual written consent of all parties. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Exhibit A attached, at the rates set forth in Exhibit B attached. PRICES: Prices shall be firm for the contract period. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of One Hundred Sixty-Five Thousand Two Hundred Sixteen Dollars ($165,216.00). FUNDING: The County, through DSS, has entered into agreements for Homeless Housing, Assistance and Prevention (HHAP)grant funds awarded to County and the Fresno Madera Continuum of Care with the State of California (Agreement No. 23-378-23-HHAP-10021, Exhibit C, copies of which are attached and incorporated herein by this reference. Services provided by Subrecipient under this Agreement shall be funded with HHAP funding and, therefore, Subrecipient shall be aware of, agree to, and comply with all State requirements governing the use of HHAP funds, and all conditions in Exhibit C. Failure to comply with these requirements and conditions may result in termination of this Agreement pursuant to Section Three (3) of this Agreement. ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both parties. DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be delivered complete as specified. All orders placed before Agreement expiration shall be honored under the terms and conditions of this Agreement. 333 W. Pontiac Way,Clovis,CA 93612/(559)600-7110 The County of Fresno is an Equal Employment Opportunity Employer PROCUREMENT AGREEMENT NUMBER: P-24-356 Page 2 Poverello House June 28, 2024 DEFAULT: In case of default by Contractor, the County may procure the articles/services from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County. The prices paid by County shall be considered the prevailing market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not meet specifications, will be at the expense of Contractor. INVOICING: An itemized invoice shall be sent to requesting County department in accordance with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days. INVOICE TERMS: Net forty-five (45)days from the receipt of invoice. TERMINATION: The County reserves the right to terminate this Agreement upon thirty (30) days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination. LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter(e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. LIABILITY: The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses (including attorney's fees and costs), causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this Agreement, and from any and all costs and expenses (including attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents, or employees under this Agreement. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement(JPA)throughout the term of the Agreement: A. Commercial General Liability: Commercial general liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis. Coverage must include products, completed operations, property damage, bodily injury, personal injury, and advertising injury. The Contractor shall obtain an endorsement to this policy naming the County of Fresno, its officers, agents, employees, and volunteers, individually and collectively, as additional insureds, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insureds will apply as primary insurance and any other insurance, or self-insurance, maintained by the County is excess only and not contributing with insurance provided under the Contractor's policy. P-24-356 Poverello House PROCUREMENT AGREEMENT NUMBER: P-24-356 Page 3 Poverello House June 28, 2024 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. Professional Liability: Professional liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million Dollars ($3,000,000). If this is a claims-made policy, then (1)the retroactive date must be prior to the date on which services began under this Agreement; (2)the Contractor shall maintain the policy and provide to the County annual evidence of insurance for not less than five years after completion of services under this Agreement; and (3) if the policy is canceled or not renewed, and not replaced with another claims-made policy with a retroactive date prior to the date on which services begin under this Agreement, then the Contractor shall purchase extended reporting coverage on its claims-made policy for a minimum of five years after completion of services under this Agreement. D. Worker's Compensation: Workers compensation insurance as required by the laws of the State of California with statutory limits. Additional Requirements Relating to Insurance: Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County. Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts paid by the policy of worker's compensation insurance required by this Agreement. Contractor is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but Contractor's waiver of subrogation under this paragraph is effective whether or not Contractor obtains such an endorsement. Within Thirty (30)days from the date Contractor signs and executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, D SSContracti ns u ran ce(&-fres n ocou ntyca.gov, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self- insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. Certificates of Insurance are to include the contract number at the top of the first page. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. P-24-356 Poverello House PROCUREMENT AGREEMENT NUMBER: P-24-356 Page 4 Poverello House June 28, 2024 COMING ON COUNTY PROPERTY TO DO WORK: Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee,joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1)the text of this Agreement(excluding Exhibits A, B, and C), and (2) Exhibits A, B, and C. GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. ELECTRONIC SIGNATURES: The parties agree that this Agreement may be executed by electronic signature as provided in this section. A. An "electronic signature" means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or(3) an electronically scanned and transmitted (for example by PDF document)of a handwritten signature. B. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)through (5), and agrees that each other party may rely upon that representation. P-24-356 Poverello House PROCUREMENT AGREEMENT NUMBER: P-24-356 Page 5 Poverello House June 28, 2024 This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. Please acknowledge your acceptance by returning all pages of this Agreement to my office via email or USPS. Please refer any inquiries in this matter to Heather Stevens, Purchasing Analyst, at 559-600-7115 or heastevens(aD_fresnocountyca.gov. FOR THE COUNTY OF FRESNO Digitally signed by Manuel M. Manuel M. Vilanova Vilanova Date:2024.07.03 13:15:04-07'00' Manuel Vilanova Deputy Director- ISD 333 W. Pontiac Way Clovis, CA 93612 WAS P-24-356 Poverello House PROCUREMENT AGREEMENT NUMBER: P-24-356 Page 6 Poverello House June 28, 2024 CONTRACTOR TO COMPLETE: Company: Poverello House Type of Entity: ❑ Individual Q Limited Liability Company ❑ Sole Proprietorship ❑ Limited Liability Partnership ■❑ Corporation ❑ General Partnership 412 F Street Fresno CA 93706 Address City State Zip 5594986988 5594856548 info@poverellohouse.org TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS Print Name & Zachary Darrah CEO Title: y Print Name &Title: Zachary Darrah Digitally signed by Zachary Darrah Signature: Date:2,24,07.03 08:21:13-07'00' Signature: ACCOUNTING USE ONLY ORG No.: 56107114 Account No.: 7870 Requisition No.: 5612401614 (08/2022) P-24-356 Poverello House P-24-356 Exhibit A SCOPE OF SERVICES ORGANIZATION: Poverello House SERVICES: Triage Center Emergency Shelter Services ADDRESS: 412 F Street, Fresno, CA 93706 TELEPHONE: (559) 498-6988 CONTACT: Sara Mirhadi, Chief Programs Officer CONTRACT TERM: July 1, 2024 through August 31, 2024 (with 2 optional one- month extensions) I. SERVICE DESCRIPTION Poverello House shall provide Triage Center Emergency Shelter services, including 24-hour emergency shelter that offers low-barrier access to dormitory or private accommodations with on-site, housing-focused services including Diversion pre-screening, case management, housing search and placement, connection to community resources, and stabilization of health issues. Poverello House will provide twenty-three (23) emergency shelter beds. The Triage Center is intended to provide a safe, supportive environment where residents will be provided with wraparound services to attain permanent housing by rebuilding their support network and addressing the issues that led to the episode of homelessness. II. TARGET POPULATION Populations targeted for Triage Center Emergency Shelter services are women in Fresno County who are at imminent risk of homelessness, or who are experiencing homelessness. III. TRIAGE CENTER EMERGENCY SERVICES 1. Emergency Shelter: Operate emergency shelter beds for women experiencing homelessness in Fresno County. The maximum length of stay will be 90 days, subject to exceptions for documented situations. 2. Case Management: Through Triage Emergency Shelter services, participants will be linked to case management services which focus on helping participants develop a housing plan and overcome barriers to attaining permanent housing. Case Managers will maintain weekly meetings with participants to evaluate needs, provide support, establish goals, and assess progress. Participants that have been connected to a permanent housing intervention may be referred to a Bridge Housing program while the permanent housing unit becomes available. Once a participant has been placed in a Bridge Housing program or has exited to a Rapid Rehousing program with case management services, responsibility for navigation and case management for the participant will be assumed by the new program. If placed in a Bridge Housing program with no case management, the participant will be linked to Navigation services or other housing support services. 3. Housing Search and Placement: Through Triage Emergency Shelter services, participants will be linked to services and activities necessary to assist in locating, obtaining, and retaining safe permanent housing. C-1 P-24-356 Exhibit A 4. Diversion Pre-Screening: During the initial screening process, the intake specialist will employ diversion practices to determine if the Diversion program is an appropriate match to the participants needs and submit a direct referral. If diversion is exhausted or determined inappropriate to the participant's needs, the participant will be linked to the Triage Center Emergency Shelter services. If shelter is unavailable at the Poverello House, participants will be linked to available shelter elsewhere. 5. Stabilizing Heath Intervention: Provide services for stabilization of participant health issues, including substance use and mental health disorders. Guests will have access to on-site medical, dental, and mental health services. IV. SUBRECIPIENT RESPONSIBILITIES Poverello House shall: A. Provide annual Civil Rights training to their staff in the beginning of every calendar year and will provide relevant proof to the County of Fresno by April 1. B. All services provided must comply or otherwise be aligned with the core components of Housing First, pursuant to California Welfare and Institutions Code section 8255, subdivision (b). C. Comply with all shelter and housing habitability standards as identified in 24 CFR 576.403 D. Poverello House shall obtain approval from the County DSS to extend the household's stay beyond 90 days. E. 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 fresnomaderahomeless.org/about-us. F. Adhere to a low-barrier shelter policy allowing shelter beds to be open to all who desire the service regardless of sexual orientation or marital status. Guests must be allowed to enter shelter with their partners, possessions, and pets. G. Allow for 24-hour guest access and not exclude people because of intoxication or mental illness. H. Register all guests and obtain consent to receive services provided by the Triage Center. I. Accept self-referrals, FMCoC Coordinated Entry System (CES) referrals and, where appropriate, law enforcement referrals. J. The Triage Center will be a CES Assessment Site, that conducts homeless services pre- screening using the Approved CES Assessment Tool. K. The Triage Center will be a CES Access Site that conducts homeless services pre- screenings and will complete the Data Collection Form when a household presents with a housing crisis and is open to services, to help determine if the household can be diverted from entering the homeless response system by utilizing mainstream resources. The Triage Center Access site will make referrals to mainstream services and assist in navigating services to the extent possible. L. In the event the number of referrals exceeds the number of available beds, Poverello House will prioritize referrals by length of homelessness, acuity of needs, and other factors, as reflected on the FMCoC By-Name list and the CES Assessment. M. Enter participant information into the Homeless Management Information System (HMIS) within 3 days in compliance with HHAP and HUD data collection, management and reporting standards. N. The Triage Center must be staffed 24 hours a day, 7 days a week. O. Provide on-site office space for Diversion program staff. C-2 P-24-356 Exhibit A P. Adhere to a "Good Neighbor" policy, whereby Poverello House will secure and maintain the perimeter of the Triage Center facility, keeping clear of any nuisances and code violations. Q. Maintain Membership in good standing with the FMCoC. V. DSS RESPONSIBILITIES To serve as an effective partner and monitor of services, the Fresno County Department of Social Services (DSS) will: A. Meet with Poverello House monthly, or as often as needed according to their contract monitoring plan, for service coordination, problem/issue resolution, information sharing, training, and review and monitoring of services. B. 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. VI. PERFORMANCE OUTCOMES Poverello House shall provide complete and accurate monthly activity reports to the County of Fresno, in a report format approved by the County within 30 days following the month in which the services are rendered. Poverello House shall meet the following expectations: • Provide Triage Center Emergency Shelter services to a minimum of 60 unduplicated participants per Fiscal Year. • A minimum of 98% daily bed utilization as measured by HMIS. • Provide access site services to 23 individuals per month who are not receiving shelter. Poverello House shall meet the following outcomes: • A minimum of 90% of individuals will receive referrals to shelter, navigation, or other services when presenting at access sites when there is no available shelter bed. • A minimum of 50% of participants will exit to permanent housing. • 70% of participants that exit to permanent housing will remain permanently housed 6 months after exit. • A minimum of 78% of participants will attain a safe exit* from the program. • A minimum of 70% of participants will attain a safe exit from the program within 90 days. *A safe exit is defined as one of the following destinations: rental with or without subsidy, permanent shared-living arrangement with family or friends, bridge housing, a drug treatment facility, or psychiatric treatment facility. C-3 Exhibit B COMPENSATION The Subrecipient will be compensated for performance of its services under this Agreement as provided in this Exhibit B. The Subrecipient is not entitled to any compensation except as expressly provided in this Exhibit B. BUDGET SUMMARY ORGANIZATION: Poverello House SERVICES: Triage Center Emergency Shelter Services COMPLETE TERM: JULY 1, 2024 - OCTOBER 31, 2024 CONTRACT TOTAL: $165,216 (With all optional extensions) Budget Categories Amount Personnel Salaries .10 FTE Chief Programs Officer $880 .70 FTE Triage Coordinator $11,648 5.0 FTE Intake Specialists ($19.00/hour) $65,868 2.0 FTE Navigators ($20.00/hour) $27,736 Payroll Taxes (8.65%) $9,180 Benefits (24%) $25,472 Personnel Subtotal $140,784 Operations Program Supplies $4,000 Communications $412 Office Supplies - Utilities $5,000 Operations Subtotal $9,412 Total Direct Costs $150,196 Indirect Costs Indirect Costs (not to exceed 10% of direct costs claimed) $15,020 Contract Maximum $165,216 D-1 Exhibit B BUDGET SUMMARY ORGANIZATION: Poverello House SERVICES: Triage Center Emergency Shelter Services TERM JULY 1, 2024 - AUGUST 31, 2029 TERM TOTAL $82,608 (2 Month Budget) Budget Categories Amount Personnel Salaries .10 FTE Chief Programs Officer $440 .70 FTE Triage Coordinator $5,824 5.0 FTE Intake Specialists ($19.00/hour) $32,934 2.0 FTE Navigators ($20.00/hour) $13,868 Payroll Taxes (8.65%) $4,590 Benefits (24%) $12,736 Personnel Subtotal $70,392 Operations Program Supplies $2,000 Communications $206 Office Supplies - Utilities $2,500 Operations Subtotal $4,706 Total Direct Costs $75,098 Indirect Costs Indirect Costs (not to exceed 10% of direct costs claimed) $7,510 Term Maximum $82,608 D-2 Exhibit B BUDGET SUMMARY ORGANIZATION: Poverello House SERVICES: Triage Center Emergency Shelter Services TERM SEPTEMBER 1 THROUGH 30, 2024 TERM TOTAL $41,304 (1 Month Budget) BUDGET SUMMARY Personnel Salaries .10 FTE Chief Programs Officer $220 .70 FTE Triage Coordinator $2,912 5.0 FTE Intake Specialists ($19.00/hour) $16,467 2.0 FTE Navigators ($20.00/hour) $6,934 Payroll Taxes (8.65%) $2,295 Benefits (24%) $6,368 Personnel Subtotal $35,196 Operations Program Supplies $1,000 Communications $103 Office Supplies - Utilities $1,250 Operations Subtotal $2,353 Total Direct Costs $37,549 Indirect Costs Indirect Costs (not to exceed 10% of direct costs claimed) $3,755 Term Maximum $41,304 D-3 Exhibit B BUDGET SUMMARY ORGANIZATION: Poverello House SERVICES: Triage Center Emergency Shelter Services TERM OCTOBER 1 THROUGH 31, 2024 TERM TOTAL $41,304 (1 Month Budget) BUDGET SUMMARY Personnel Salaries .10 FTE Chief Programs Officer $220 .70 FTE Triage Coordinator $2,912 5.0 FTE Intake Specialists ($19.00/hour) $16,467 2.0 FTE Navigators ($20.00/hour) $6,934 Payroll Taxes (8.65%) $2,295 Benefits (24%) $6,368 Personnel Subtotal $35,196 Operations Program Supplies $1,000 Communications $103 Office Supplies - Utilities $1,250 Operations Subtotal $2,353 Total Direct Costs $37,549 Indirect Costs Indirect Costs (not to exceed 10% of direct costs claimed) $3,755 Term Maximum $41,304 D-4 P-24-356 Exhibit C -Fresno County SCO ID: Agreement No. 23-378 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable) STD 213(Rev.04/2020) 23-HHAP-10021 010725 1.This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME Business,Consumer Services and Housing Agency CONTRACTOR NAME Fresno County 2.The term of this Agreement is. START DATE Upon BCSH approval THROUGH END DATE 12/31/2027 3.The maximum amount of this Agreement is: $10,515,555.24(Ten Million Five Hundred Fifteen Thousand Five Hundred Fifty Five Dollars and Twenty Four Cents) 4.The parties agree to comply with the terms and conditions of the following exhibits,which are by this reference made a part of the Agreement. Exhibits Title Pages Exhibit A Authority,Purpose and Scope of Work 8 Exhibit B Budget Detail and Disbursement Provisions 3 Exhibit C General Terms and Conditions 10 Exhibit D Special Terms and Conditions 2 Exhibit E State of California General Terms and Conditions 1 Items shown wit an asteask '),are hereby incorporated by reference and made part of t is agreement os if attached ereto. These documents can be viewed at https:/1www.dgs.co.gov/OLS/Resources IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.) County of Fresno CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP P.O.Box 1912 Fresno CA 93718 PRINTED NAME OF PERSON SIGNING TITLE Sal Quintero Chairman,County of Fresno Board of Supervisors CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED 7/18/23 U- ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors County of Fresno,State of California Bye • Deputy Page 1 of 2 P-24-356 Exhibit C -Fresno County SCO ID: STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER ilf Applicable) STD 213(Rev.04/2020) 23-HHAP-10021 010725 STATE OF CALIFORNIA CONTRACTING AGENCY NAME Business,Consumer Services and Housing Agency CONTRACTING AGENCY ADDRESS CITY STATE ZIP 500 Capitol Mall,Suite 1850 Sacramento CA 95814 PRINTED NAME OF PERSON SIGNING TITLE Lourdes Castro Ramirez Secretary CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable) Page 2of2 P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 1 of 24 Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4) Standard Agreement Contract for Funds EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK 1) Authority The State of California has established the Homeless Housing, Assistance, and Prevention Program Round 4 ("HHAP-4" or "Program") pursuant to Chapter 6 (commencing with Health and Safety Code (HSC) section 50216) of Part 1 of Division 31 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 111, Sec. 4. (AB 140) Effective July 19, 2021.) The Program is administered by the California Interagency Council on Homelessness ("Cal ICH") in the Business, Consumer Services and Housing Agency ("Agency") HHAP-4 provides flexible block grant funds to Continuums of Care, large cities (population of 300,000+) and counties to build on the regional coordination created through previous Cal ICH grant funding and support local jurisdictions in their unified regional responses to reduce and end homelessness. This Standard Agreement/Contract for Funds along with all its exhibits ("Agreement") is entered into by Cal ICH and a Continuum of Care, a city, or a county ("Grantee") under the authority of, and in furtherance of the purpose of, the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, and the requirements appearing in the statutory authority for the Program cited above. 2) Purpose The general purpose of the Program is to (1) reduce homelessness by expanding or developing local capacity to address immediate homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing; and (2) continue to build on regional coordination developed through previous rounds of HHAP funding (Chapter 6 (commencing with HSC section 50216), This funding shall: a) Continue to build regional collaboration between continuums of care, counties, and cities in a given region, regardless of population, and ultimately be used to develop a unified regional response to homelessness. Initial Her . P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 2 of 24 b) Be paired strategically with other local, state, and federal funds provided to address homelessness in order to achieve maximum impact. Grantees of this funding are encouraged to reference Putting the Funding Pieces Together Guide to Strategic Uses of New and Recent State and Federal Funds to Prevent and End Homelessness to assist in using funding strategically for their planning efforts in the delivery of services to people experiencing homelessness in the community. c) Be deployed with the goal of reducing the number of people experiencing homelessness in a given region through investing in long-term solutions, such as permanent housing d) Include the State as an integral partner through the provision of technical assistance, sharing of best practices, and implementing an accountability framework to guide the structure of current and future state investments. 3) Definitions The following HHAP-4 program terms are defined in accordance with Health and Safety Code section 50216, subdivisions (a) — (r): a) "Agency" means the Business, Consumer Services, and Housing Agency. b) "Applicant" means a Continuum of Care, city, county, or tribe. c) "City" means a city or city and county that is legally incorporated to provide local government services to its population. A city can be organized either under the general laws of this state or under a charter adopted by the local voters. d) "Continuum of Care" means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations. e) "Coordinated Entry System" means a centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations. as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized or coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool. Initial He(�6 P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 3 of 24 f) "Council" means the California Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code. g) "Emergency shelter" has the same meaning as defined in subdivision (e) of Section 50801. h) "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. as that section read on January 10, 2019. i) "Homeless Management Information System" means the information system designated by a Continuum of Care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term "Homeless Management Information System" also includes the use of a comparable database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations. j) "Homeless point-in-time count" means the most recent point-in-time count that requires a sheltered and unsheltered count pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations completed by all applicants. k) "Homeless youth" means an unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). "Homeless youth" includes unaccompanied youth who are pregnant or parenting. 1) "Housing First" has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all of the core components listed therein. m) "Jurisdiction" means a city, city that is also a county. county, or Continuum of Care, as defined in this section. n) "Navigation center" means a Housing First, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. o) "Program" means the Homeless Housing. Assistance, and Prevention program established pursuant to this chapter. 1) "Round 1" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2019. Initial Her P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 4 of 24 2) "Round 2" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2020. 3) "Round 3" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2021. 4) "Round 4' of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1. 2022. p) "Program allocation" means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges. q) "Recipient" means a jurisdiction that receives funds from the Cal ICH for the purposes of the program. r) "Tribe" or "tribal applicant' means a federally recognized tribal government pursuant to Section 4103 of Title 25 of the United States Code. Additional definitions for the purposes of the HHAP-4 program: "Obligate" means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using HHAP-4 funding. Grantees, and the subrecipients who receive awards from those Grantees, must obligate the funds by the statutory deadlines set forth in this Exhibit A. "Expended" means all HHAP-4 funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding. 4) Scope of Work The Scope of Work ("Work") for this Agreement shall include uses that are consistent with Health and Safety Code section 50218.7, subdivision (e), and section 50220.8, subdivisions (e), (0, and (g), and any other applicable laws. The Grantee shall expend funds on evidence-based programs serving people experiencing homelessness among eligible populations, including any of the following eligible uses.- a) Rapid rehousing, including rental subsidies and incentives to landlords, such as security deposits and holding fees. b) Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves. Initial Her P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 5 of 24 c) Street outreach to assist persons experiencing homelessness to access permanent housing and services d) Services coordination, which may include access to workforce, education, and training programs, or other services needed to promote housing stability in supportive housing. e) Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations including families and homeless youth. f) Delivery of permanent housing and innovative housing solutions, such as hotel and motel conversions. g) Prevention and shelter diversion to permanent housing, including rental subsidies. h) Interim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing noncongregate shelters, and operations of existing navigation centers and shelters based on demonstrated need. Demonstrated need for purposes of this paragraph shall be based on the following: i) The number of available shelter beds in the city, county, or region served by a Continuum of Care. ii) The number of people experiencing unsheltered homelessness in the homeless point-in-time count. iii) Shelter vacancy rate in the summer and winter months. iv) Percentage of exits from emergency shelters to permanent housing solutions. v) A plan to connect residents to permanent housing. vi) Any new interim sheltering funded by HHAP-4 funds must be low barrier, comply with Housing First as provided in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code, and prioritize interventions other than congregate shelters. i) Improvements to existing emergency shelters to lower barriers and increase privacy. In addition to the eligible uses described above, the Grantee's expenditure of its entire HHAP-4 allocation must also comply with the following: Initial Her P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 6 of 24 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 County of Fresno Housing Agency SECTION/UNIT: California Interagency Council on Homelessness (Cal ICH) ADDRESS: 500 Capitol Mall Suite 1850 P.O. Box 1912 Sacramento, CA, 95814 Fresno, CA 93718 CONTRACT COORDINATOR Jeannie McKendry Laura Moreno PHONE NUMBER: (916) 510-9446 (559) 600-2335 EMAIL ADDRESS: Jeannie.McKendry@bcsh.ca.gov Ihaga@fresnocountyca.gov All requests to update the Grantee information listed within this Agreement shall be emailed to the Cal ICH Grants Division general email box at calichgrants@bcsh,ca.gov. The Council reserves the right to change their representative and/or contact information at any time with notice to the Grantee. Initial Herb`-' P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 7 of 24 6) Effective Date, Term of Agreement, and Deadlines a) This Agreement is effective upon approval by Cal ICH (indicated by the signature provided by Cal ICH in the lower left section of page one, Standard Agreement, STD. 213), when signed by all parties. Funds will be disbursed in accordance with Section 3 of Exhibit B. b) This Agreement shall terminate on December 31, 2027. c) A grantee shall contractually obligate no less than 75 percent and shall expend no less than 50 percent of their initial (50 percent) HHAP-4 disbursement by May 31, 2025. Upon demonstration by a grantee that it has complied with this requirement and remains on track to meet its outcome goals, as determined by the council pursuant to Health and Safety Code section 50223, the council shall disburse to that recipient the remaining 50 percent of its total HHAP-4 allocation pursuant to Health and Safety Code section 50218.7(a). i) Grantee will demonstrate compliance with these requirements by completing the certification documentation in the form and manner provided by the council. d) If a grantee has obligated less than 75 percent or expended less than 50 percent of their initial (50 percent) HHAP-4 disbursement by May 31, 2025, the grantee shall not contractually obligate or expend any remaining portion of its round 4 initial program allocation, and the council shall not allocate to the recipient the remaining 50 percent of its total allocation, unless both of the following occur: i) On or before June 30, 2025, the grantee submits an alternative disbursement plan to Cal ICH that includes an explanation for the delay. ii) Cal ICH approves the alternative disbursement plan. If Cal ICH cannot approve an alternative disbursement plan, Cal ICH will provide the grantee with guidance on the revisions needed in order to approve the alternative disbursement plan. If the funds identified in the approved alternative disbursement plan are not fully expended by December 31, 2026. the funds shall be returned to the Cal ICH to be allocated as bonus awards. e) Grantees that do not meet the final expenditure deadlines in Health and Safety Code section 50220.8(k) shall not be eligible for bonus funding. Initial Here P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 8 of 24 f) All HHAP-4 funds shall be expended by June 30, 2027. g) In accordance with Health and Safety Code section 50220.8. subdivision (k). Cal ICH retains the right to require a corrective action plan of grantees that are not on track to fully expend funds by the statutorily required deadline. h) Any funds not expended by June 30, 2027, including bonus funds, shall revert to and be paid and deposited in, the General Fund pursuant to Health and Safety Code section 50220.8(p). i) The council may request additional information from applicants, as needed, to meet other applicable reporting or audit requirements. j) Bonus Funds: Health and Safety Code section 50220.8 mandates the following, regarding a recipient's eligibility for Bonus Funding- i) Recipients that do not meet the obligation requirements laid out in Health and Safety Code section 50220.8(k) shall not be eligible for bonus funding; ii) Recipients shall demonstrate no later than June 30, 2025, whether they have successfully met their outcome goals; and iii) Jurisdictions that have not met their outcome goals shall not be eligible for bonus funding and shall accept technical assistance from council staff. In addition, jurisdictions that have not met their outcome goals may also be required to limit allowable uses of program funds, as determined by the Council. iv) If recipient receives bonus funding, the bonus funds will be distributed as an amendment to this contract. No additional contract will be executed. 7) Special Conditions Cal ICH reserves the right to add any special conditions to this Agreement it deems necessary to ensure that the goals of the Program are achieved. Initial Here P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 9 of 24 Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4) Standard Agreement EXHIBIT B BUDGET DETAIL and DISBURSEMENT PROVISIONS 1) Budget Detail & Changes The Grantee agrees that HHAP-4 funds shall be expended on uses that support regional coordination and expand or develop local capacity to address immediate homelessness challenges. Such activities must be informed by a best-practices framework focused on moving people experiencing homelessness into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. The Grantee shall expend the HHAP-4 funds on eligible activities as detailed in Health and Safety Code section 50218.7(e) and section 50220.8, subdivisions (e), and (f). 2) General Conditions Prior to Disbursement All Grantees must submit the following forms prior to HHAP-4 funds being released: • Request for Funds Form ("RFF") • STD 213 Standard Agreement form and initialed Exhibits A through F • STD 204 Payee Data Record or Government Agency Taxpayer ID Form 3) Disbursement of Funds Initial Disbursement Fifty percent of a grantee's HHAP-4 funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Cal ICH, the Department of General Services (DGS) and the State Controller's Office (SCO). The RFF must include the proposed eligible uses and the amount of funds proposed for expenditure under each eligible use. The Initial disbursement of HHAP-4 funds will be disbursed in one allocation via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF. Initial Here P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 10 of 24 Remainder Disbursement a) Cal ICH will disburse the remaining fifty percent of HHAP-4 funds upon demonstration by a Grantee that it has complied with the requirement to contractually obligate and expend a minimum amount of its round 4 program allocation, as described below, and remains on track to meet its outcome goals, as determined by the council pursuant to Section 50223. i) A grantee shall contractually obligate no less than 75 percent and shall expend no less than 50 percent of their initial (50 percent) HHAP-4 disbursement by May 31, 2025. Upon demonstration by a grantee that it has complied with this requirement and remains on track to meet its outcome goals, as determined by the council pursuant to Health and Safety Code section 50223, the council shall disburse to that recipient the remaining 50 percent of its total HHAP-4 allocation pursuant to Health and Safety Code section 50218.7(a). b) If a grantee has obligated less than 75 percent or expended less than 50 percent of their initial disbursement by May 31, 2025, the grantee shall not contractually obligate or expend any remaining portion of its round 4 initial program allocation, and the council shall not allocate to the recipient the remaining 50 percent of its total allocation, unless both of the following occur: i) On or before June 30, 2025, the grantee submits an alternative disbursement plan to Cal ICH that includes an explanation for the delay. ii) Cal ICH approves the alternative disbursement plan. If Cal ICH cannot approve an alternative disbursement plan, Cal ICH will provide the grantee with guidance on the revisions needed in order to approve the alternative disbursement plan. 4) If a Grantee is not on track to meet outcome goals, grantee must agree to receive TA from Cal ICH to get back on track with the outcome goals before the Council allocates the remaining 50 percent of a recipient's allocation. Bonus Funds Disbursement If a Grantee qualifies for Bonus Funds pursuant to the requirements laid out in Health and Safety Code section 50220.7, Cal ICH will determine the amount of Bonus Funds the Grantee is eligible for and will disburse these Bonus Funds to the Grantee upon receipt, review and approval of the completed Amended Standard Agreement and RIFF by Cal ICH, the Department of General Services (DGS) and the State Controller's Office (SCO). The RIFF must include the proposed eligible uses and the amount of funds proposed for expenditure under each eligible use. The Bonus Funds disbursement of Initial Here P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 11 of 24 HHAP-4 funds will be allocated in one disbursement via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF. 5) Expenditure of Funds All HHAP-4 funds must be spent in accordance with Health and Safety Code section 50218.7(e) and section 50220.8. subdivisions (e), and (0, and as described in Exhibit A, Section 4 "Scope of Work". 6) Ineligible Costs a) HHAP-4 funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code section 50220 8.. subdivisions (e). (0, and (g). b) Cal ICH reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use HHAP-4 funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to Cal ICH. c) An expenditure which is not authorized by this Agreement, or by written approval of the Grant Manager or his/her designee, or which cannot be adequately documented. shall be disallowed and must be reimbursed to Cal ICH by the Grantee. Cal ICH, at its sole and absolute discretion, shall make the final determination regarding the allowability of HHAP-4 fund expenditures. d) Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. HHAP funds cannot replace local funds that are committed to an existing or developing homeless assistance program. However, if funds previously supporting a service or project end or are reduced for reasons beyond the control of the grantee and services or housing capacity will be lost as a result of these funds ending, HHAP funds may be used to maintain the service or program. Examples include, but are not limited to, a time- limited city and/or county tax or one-time block grant, such as HEAP. Initial Her . P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 12 of 24 Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4) Standard Agreement EXHIBIT C GENERAL TERMS AND CONDITIONS 1) Termination and Sufficiency of Funds a) Termination of Agreement Cal ICH may terminate this Agreement at any time for cause by giving a minimum of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in paragraph 6 of this Exhibit C; violation of any federal or state laws; or withdrawal of Cal ICH's expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by Cal ICH, any unexpended funds received by the Grantee shall be returned to Cal ICH within 30 days of Cal ICH's notice of termination. b) Sufficiency of Funds This Agreement is valid and enforceable only if sufficient funds are made available to Cal ICH by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner. 2) Transfers Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit C Section 12 (Special Conditions — Grantees/Sub Grantee) or with the prior written approval of Cal ICH and a formal amendment to this Agreement to affect such subcontract or novation. 3) Grantee's Application for Funds Grantee has submitted to Cal ICH an application for HHAP-4 funds to support regional coordination and expand or develop local capacity to address its immediate homelessness challenges. Cal ICH is entering into this Agreement on the basis of Grantee's facts, information, assertions and representations contained in that application. Any subsequent modifications to the original funding plans submitted within the original application must be requested through the formal HHAP Budget Modification Request Process and are subject to approval by Cal ICH. Initial Here P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 13 of 24 Grantee warrants that all information. facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct. and complete to the best of Grantee's knowledge. In the event that any part of the application and any approved modification and addition thereto is untrue. incorrect, incomplete, or misleading in such a manner that would substantially affect Cal ICH approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then Cal ICH may declare a breach of this Agreement and take such action or pursue such remedies as are legally available. 4) Reporting/Audits a) Annual Reports By January 1, 2024, and annually on that date thereafter until all funds have been expended, the Grantee shall submit an annual report to Cal ICH in a format provided by Cal ICH. Annual Reports will include a request for data on expenditures and people served with HHAP-4 funding, details on specific projects selected for the use of HHAP-4 funding, and data regarding the progress towards outcome goals. If the Grantee fails to provide such documentation, Cal ICH may recapture any portion of the amount authorized by this Agreement with a 14-day written notification. No later than October 1, 2027, the Grantee shall submit a final report, in a format provided by Cal ICH, as well as a detailed explanation of all uses of the Program funds b) Quarterly Expenditure Reports In addition to the annual reports, Cal ICH requires the Grantee to submit quarterly expenditure reports due no later than 30 days following the end of each fiscal quarter. Grantee shall submit a report to Cal ICH on a form and method provided by Cal ICH that includes the ongoing tracking of the specific uses and expenditures of any program funds broken out by eligible uses listed, including the current status of those funds, as well as any additional information Cal ICH deems appropriate or necessary. If the Grantee fails to provide such documentation, Cal ICH may recapture any portion of the amount authorized by this Agreement with a 14-day written notification. c) Reporting Requirements i) Annual Report: The annual report shall contain detailed information in accordance with Health and Safety Code section 50223, subdivision (a). This information includes the following, as well as any additional information deemed appropriate or necessary by Cal ICH: (1) Data collection shall include, but not be limited to, information regarding individuals and families served, including demographic information, information regarding partnerships among entities or lack thereof, and participant and regional outcomes. Initial Her P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 14 of 24 (2) The performance monitoring and accountability framework shall include clear metrics, which may include, but are not limited to, the following (a) The number of individual exits to permanent housing, as defined by the United States Department of Housing and Urban Development, from unsheltered environments and interim housing resulting from this funding. (b) Racial equity, as defined by the council in consultation with representatives of state and local agencies, service providers, the Legislature, and other stakeholders. (c) Any other metrics deemed appropriate by the council and developed in coordination with representatives of state and local agencies, advocates, service providers, and the Legislature. (3) Data collection and reporting requirements shall support the efficient and effective administration of the program and enable the monitoring of jurisdiction performance and program outcomes. Data shall include progress towards meeting the grantee's outcome goals. If significant progress toward outcome goals has not been made, the applicant shall: (a) Submit a description of barriers and possible solutions to meet those barriers (b) Accept technical assistance from Cal ICH (c) Include the progress towards outcome goals in all subsequent quarterly reports, until significant progress is made as deemed by Cal ICH ii) Expenditure Report: The expenditure report shall contain data on expenditures of HHAP-4 funding including but not limited to obligated funds, expended funds, and other funds derived from HHAP-4 funding. iii) Final Expenditure Plan: During the final fiscal year of reporting, grantees may be required to include a plan to fully expend HHAP-4 grant funding. This plan must be submitted with the quarterly expenditure report in a format to be provided by Cal ICH. Initial Her P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 15 of 24 iv) Grantees or their subcontractors must report client data into their local Homeless Management Information Systems (HMIS) pursuant to the requirements of Assembly Bill (AB) 977 (Chapter 397, Statutes of 2021) v) Cal ICH may require additional supplemental reporting with written notice to the Grantee. vi) Grantee may, at their discretion, fully expend their HHAP-4 allocation prior to the end date of the grant term and will not be required to submit quarterly fiscal reports after the quarter in which their allocation was fully expended. d) Auditing Cal ICH reserves the right to perform or cause to be performed a financial audit. At Cal ICH request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. HHAP-4 administrative funds may be used to fund this expense. Should an audit be required, the Grantee shall adhere to the following conditions: i) The audit shall be performed by an independent certified public accountant. ii) The Grantee shall notify Cal ICH of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by Cal ICH to the independent auditor's working papers. iii) The Grantee is responsible for the completion of audits and all costs of preparing audits. iv) If there are audit findings, the Grantee must submit a detailed response acceptable to Cal ICH for each audit finding within 90 days from the date of the audit finding report. 5) Inspection and Retention of Records a) Record Inspection Cal ICH or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement. The Grantee agrees to provide Cal ICH, or its designee, with any relevant information requested. The Grantee agrees to give Cal ICH or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the Homeless Housing, Assistance. and Initial Here P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 16 of 24 Prevention Program laws, the HHAP-4 program guidance document published on the website. and this Agreement. In accordance with Health and Safety Code section 50220.8, subdivision (m), if upon inspection of records Cal ICH identifies noncompliance with grant requirements. Cal ICH retains the right to impose a corrective action plan on the Grantee. b) Record Retention The Grantee further agrees to retain all records described in subparagraph a for a minimum period of five (5) years after the termination of this Agreement. If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it. c) Public Records Act The grantees' final HHAP-4 application, this contract, and other documents related to the grant are considered public records, which are available for public viewing pursuant to the California Public Records Act. 6) Breach and Remedies a) Breach of Agreement Breach of this Agreement includes, but is not limited to, the following events: i) Grantee's failure to comply with the terms or conditions of this Agreement. ii) Use of, or permitting the use of, HHAP-4 funds provided under this Agreement for any ineligible activities. iii) Any failure to comply with the deadlines set forth in this Agreement. b) Remedies for Breach of Agreement In addition to any other remedies that may be available to Cal ICH in law or equity for breach of this Agreement, Cal ICH may: i) Bar the Grantee from applying for future HHAP funds; ii) Revoke any other existing HHAP-4 award(s) to the Grantee; iii) Require the return of any unexpended HHAP-4 funds disbursed under this Agreement; Initial Here P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 17 of 24 iv) Require repayment of HHAP-4 funds disbursed and expended under this Agreement; v) Require the immediate return to Cal ICH of all funds derived from the use of HHAP-4 funds vi) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with HHAP-4 requirements. c) All remedies available to Cal ICH are cumulative and not exclusive. d) Cal ICH may give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days. 7) Waivers No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Cal ICH to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Cal ICH to enforce these provisions. 8) Nondiscrimination During the performance of this Agreement. Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California's laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Initial Here P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 18 of 24 9) Conflict of Interest All Grantees are subject to state and federal conflict of interest laws. For instance, Health and Safety Code section 50220.5, subdivision (i) states, "For purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract.. program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county." Failure to comply with these laws. including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411 . a) Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services. b) Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve- month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service. c) Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, § 81000 et seq.). d) Representatives of a County: A representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, Initial Her P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 19 of 24 committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county 10) Drug-Free Workplace Certification Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions: Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code section 8355, subdivision (a)(1). a) Establish a Drug-Free Awareness Program, as required by Government Code section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following i) The dangers of drug abuse in the workplace; ii) Grantee's policy of maintaining a drug-free workplace; iii) Any available counseling, rehabilitation, and employee assistance program; and iv) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations. b) Provide, as required by Government Code section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement.. i) Will receive a copy of Grantee's drug-free policy statement, and ii) Will agree to abide by terms of Grantee's condition of employment or subcontract. 11) Child Support Compliance Act For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110. that- Initial Herb P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 20 of 24 a) The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code-, and b) The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 12) Special Conditions — Grantees/Subgrantee The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit D. These conditions shall be met to the satisfaction of Cal ICH prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of HHAP-4 funds. Failure to comply with these conditions may result in termination of this Agreement. a) The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any. to. i) Perform the work in accordance with Federal, State and Local housing and building codes, as applicable. ii) Maintain at least the minimum State-required worker's compensation for those employees who will perform the work or any part of it. iii) Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it. iv) Agree to include all the terms of this Agreement in each subcontract. 13) Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the HHAP-4 program. the Grantee. its subrecipients. and all eligible activities. Initial Here P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 21 of 24 Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection. procurement, and safety laws. rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to Cal ICH upon request. 14) Inspections a) Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. b) Cal ICH reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. c) Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected. 15) Litigation a) If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Cal ICH, shall not affect any other provisions of this Agreement and the Initial of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable. b) The Grantee shall notify Cal ICH immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or Cal ICH, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Cal ICH. Initial Here P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 22 of 24 Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4) Standard Agreement EXHIBIT D SPECIAL TERMS AND CONDITIONS 1) All proceeds from any interest-bearing account established by the Grantee for the deposit of HHAP-4 funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of HHAP-4 funds, must be used for HHAP-4-eligible activities and reported on as required by Cal ICH. 2) Per Health and Safety Code section 50220.8 (g), any housing-related activities funded with HHAP-4 funds, including but not limited to emergency shelter (per Health and Safety Code section 50220.8(e)(8)(F)). rapid-rehousing, rental assistance, transitional housing and permanent supportive housing, must be in compliance or otherwise aligned with the core components of Housing First, as described in Welfare and Institutions Code section 8255, subdivision (b). Individuals and families assisted with these funds must not be required to receive treatment or perform any other prerequisite activities as a condition for receiving shelter, housing. or other services for which these funds are used. In addition, HHAP-4 funding shall be used to adopt a Housing First approach within the entire local homelessness response system, including outreach and emergency shelter, short-term interventions like rapid re-housing, and longer-term interventions like supportive housing. 3) Grantee shall utilize its local Homeless Management Information System (HMIS) to track HHAP-4-funded projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by HHAP-4 funding (e.g., by creating appropriate HHAP-4-specific funding sources and project codes in HMIS). 4) Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the statewide Homeless Management Information System (known as the Homeless Data Integration System or "HDIS"), in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code section 50220.6 and Welfare and Institutions Code section 8256. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). For purposes of this paragraph, "health information" means "protected health information," as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and "medical Initial Here P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 23 of 24 information," as defined in subdivision 0) of Section 56.05 of the Civil Code. The Council may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement. 5) Grantee agrees to accept technical assistance as directed by Cal ICH or by a contracted technical assistance provider acting on behalf of Cal ICH and report to Cal ICH on programmatic changes the grantee will make as a result of the technical assistance and in support of their grant goals. 6) Grantee agrees to demonstrate a commitment to racial equity and, per Health and Safety Code section 50222 (a)(2)(B), the grantee shall use data provided through HDIS to analyze racial disproportionality in homeless populations and, in partnership with Cal ICH, establish clear metrics and performance monitoring for achieving equity in provision of services and outcomes for Black, Native, and Indigenous, Latinx, Asian, Pacific Islanders and other People of Color who are disproportionately impacted by homelessness and COVID-19. 7) Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience. Initial Here P-24-356 Exhibit C -Fresno County County of Fresno 23-HHAP-10021 Page 24 of 24 Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4) Standard Agreement EXHIBIT E STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS This exhibit is incorporated by reference and made part of this agreement. The General Terms and Conditions (GTC 04/2017) can be viewed at the following link: https://www dgs ca gov/-/media/Divisions/OLS/Resources/GTC-April-2017- FINALapril2017 pdf?la=en&hash=3A64979F777D5B9D35309433EE81969FD69052D2 In the interpretation of this Agreement, any inconsistencies between the State of California General Terms and Conditions (GTC - 04/2017) and the terms of this Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and its exhibits/attachments. Initial Her P-24-356 Exhibit C -Fresno County FOR ACCOUNTING USE ONLY: SRF Org: 1132 Homeless Services Fund: 0065 Subclass: 17237 Account: 3575-State Other