HomeMy WebLinkAboutAgreement A-24-562 with Poverello House.pdf Agreement No. 24-562
1 SERVICE AGREEMENT
2 This Service Agreement ("Agreement') is dated October 22, 2024 and is between
3 Poverello House.; a California Non-Profit Corporation, whose address is 412 F Street., Fresno
4 CA 93706, ("Subrecipient"), and the County of Fresno, a political subdivision of the State of
5 California ("County").
6 Recitals
7 A. The State of California has established the Homeless Housing, Assistance, and
8 Prevention Program (HHAP) pursuant to Chapter 6 (commencing with Section 50216) of Part 1
9 of Division 31 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 111, Sec. 4. (AB
10 140) Effective July 19, 2021). The general purpose of the Program is to continue to build on
11 regional coordination developed through previous rounds of funding to reduce homelessness.
12 B. The County continues to have a significant population of homeless individuals and
13 families in need of emergency shelter and coordinated homeless services.
14 C. Subrecipient has the capacity of twenty-three (23) additional shelter beds to help
15 address the need within the community.
16 D. Subrecipient requires additional funding to continue operating at the maximum capacity
17 and the County has sufficient funding to allow for services to continue for the remainder of the
18 current Fiscal Year.
19 E. The County, through DSS, has entered into agreements for Homeless Housing,
20 Assistance and Prevention (HHAP) grant funds awarded to County and the Fresno Madera
21 Continuum of Care with the State of California (Agreement No. 23-HHAP-10021, Exhibit A), a
22 copy of which is attached and incorporated herein by this reference. Services provided by
23 Subrecipient under this Agreement shall be funded with HHAP funding and, therefore,
24 Subrecipient shall be aware of, agree to, and comply with all State requirements governing the
25 use of HHAP funds, and all conditions in Exhibit A. Failure to comply with these requirements
26 and conditions may result in termination of this Agreement pursuant to Section Three (3) of this
27 Agreement.
28 The parties therefore agree as follows:
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1 Article 1
2 Subrecipient's Services
3 1.1 Scope of Services. The Subrecipient shall perform all of the services provided in
4 Exhibit B to this Agreement, titled "Scope of Services," and pursuant to the staffing patterns and
5 program expenses detailed in Exhibit C, titled "Compensation."
6 1.2 Representation. The Subrecipient represents that it is qualified, ready, willing, and
7 able to perform all of the services provided in this Agreement.
8 1.3 Compliance with Laws. The Subrecipient shall, at its own cost, comply with all
9 applicable federal, state, and local laws and regulations in the performance of its obligations
10 under this Agreement, including but not limited to workers compensation, labor, and
11 confidentiality laws and regulations.
12 Article 2
13 County's Responsibilities
14 2.1 The County shall meet all obligations provided in Exhibit B to this Agreement, titled
15 "Scope of Services."
16 Article 3
17 Compensation, Invoices, and Payments
18 3.1 The County agrees to pay, and the Subrecipient agrees to receive, compensation for
19 the performance of its services under this Agreement as described in Exhibit C to this
20 Agreement, titled "Compensation."
21 3.2 The services provided by the Subrecipient under this Agreement are funded in
22 whole or in part by the State of California and/or the United States Federal government. In the
23 event that funding for these services is delayed by the State Controller or the Federal
24 government, the County may defer payment to the Subrecipient. The amount of the deferred
25 payment shall not exceed the amount of funding delayed to the County. The period of time of
26 the deferral by the County shall not exceed the period of time of the State Controller's or
27 Federal government's delay of payment to County plus forty-five (45) days.
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1 3.3 Maximum Compensation. In no event shall compensation paid for services
2 performed under this Agreement be in excess of Three Hundred Forty-Two Thousand, Five and
3 No/100 Dollars ($342,005).
4 3.4 The Subrecipient acknowledges that the County is a local government entity and
5 does so with notice that the County's powers are limited by the California Constitution and by
6 State law, and with notice that the Subrecipient may receive compensation under this
7 Agreement only for services performed according to the terms of this Agreement and while this
8 Agreement is in effect, and subject to the maximum amount payable under this section. The
9 Subrecipient further acknowledges that County employees have no authority to pay the
10 Subrecipient except as expressly provided in this Agreement.
11 3.5 Invoices. The Subrecipient shall submit monthly invoices in attention to Staff Analyst
12 to: )SSlnvoices(aD_fresnocountyca.gov. The Subrecipient shall submit each invoice within 30
13 days following the month in which expenses were incurred and services rendered, and in any
14 case within 60 days after the end of the term or termination of this Agreement. Subrecipient
15 shall submit invoices to the County each month with a detailed general ledger (GL), itemizing
16 costs incurred in the previous month, along with supporting documentation of costs. Failure to
17 submit GL reports and supporting documentation shall be deemed sufficient cause for County to
18 withhold payments until there is compliance, as further described in Section 3.8 herein.
19 Supporting documentation shall include but is not limited to receipts, invoices received, and
20 documented administrative / overhead costs. No reimbursement for services shall be made
21 until invoices, reports and outcomes are received, reviewed and approved by County's DSS.
22 3.6 Proof of payment may be required for certain funding streams and will be made
23 available by the Subrecipient as requested by the County.
24 3.7 Payment. The County shall pay each correctly completed and timely submitted
25 invoice within 45 days after receipt. If an invoice is incorrect or otherwise not in proper form or
26 detail, County's DSS Director or designee shall have the right to withhold payment as to only
27 that portion of the invoice that is incorrect or improper, after five (5) days prior written notice or
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1 email correspondence to Subrecipient. The County shall remit any payment to the
2 Subrecipient's address specified in the invoice.
3 3.8 Incidental Expenses. The Subrecipient is solely responsible for all of its costs and
4 expenses that are not specified as payable by the County under this Agreement.
5 Article 4
6 Term of Agreement
7 4.1 Term. This Agreement is effective on November 1, 2024 and terminates on June 30,
8 2025.
9 Article 5
10 Notices
11 5.1 Contact Information. The persons and their addresses having authority to give and
12 receive notices provided for or permitted under this Agreement include the following:
13
For the County:
14 Director of Department of Social Services
County of Fresno
15 P.O. Box 1912
Fresno, CA 93721
16
For the Subrecipient:
17 Chief Executive Officer
Poverello House
18 412 F Street
Fresno, CA 93706
19
20 5.2 Change of Contact Information. Either party may change the information in section
21 5.1 by giving notice as provided in section 5.3.
22 5.3 Method of Delivery. Each notice between the County and the Subrecipient provided
23 for or permitted under this Agreement must be in writing, state that it is a notice provided under
24 this Agreement, and be delivered either by personal service, by first-class United States mail, by
25 an overnight commercial courier service, or by a Portable Document Format (PDF) document
26 attached to an email.
27 (A) A notice delivered by personal service is effective upon service to the recipient.
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1 (B) A notice delivered by first-class United States mail is effective three County
2 business days after deposit in the United States mail, postage prepaid, addressed to the
3 recipient.
4 (C)A notice delivered by an overnight commercial courier service is effective one
5 County business day after deposit with the overnight commercial courier service,
6 delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
7 the recipient.
8 (D)A notice delivered by PDF document attached to an email is effective when
9 transmission to the recipient is completed (but, if such transmission is completed outside
10 of County business hours, then such delivery is deemed to be effective at the next
11 beginning of a County business day), provided that the sender maintains a machine
12 record of the completed transmission.
13 5.4 Claims Presentation. For all claims arising from or related to this Agreement,
14 nothing in this Agreement establishes, waives, or modifies any claims presentation
15 requirements or procedures provided by law, including the Government Claims Act (Division 3.6
16 of Title 1 of the Government Code, beginning with section 810).
17 Article 6
18 Termination and Suspension
19 6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
20 contingent on the approval of funds by the appropriating government agency. If sufficient funds
21 are not allocated, then the County, upon at least 30 days' advance written notice to the
22 Subrecipient, may:
23 (A) Modify the services provided by the Subrecipient under this Agreement; or
24 (B) Terminate this Agreement.
25 6.2 Termination for Breach.
26 (A) Upon determining that a breach (as defined in paragraph (C) below) has
27 occurred, the County may give written notice of the breach to the Subrecipient. The
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1 written notice may suspend performance under this Agreement, and must provide at
2 least 30 days for the Subrecipient to cure the breach.
3 (B) If the Subrecipient fails to cure the breach to the County's satisfaction within the
4 time stated in the written notice, the County may terminate this Agreement immediately.
5 (C) For purposes of this section, a breach occurs when, in the determination of the
6 County, the Subrecipient has:
7 (1) Obtained or used funds illegally or improperly;
8 (2) Failed to comply with any part of this Agreement;
9 (3) Submitted a substantially incorrect or incomplete report to the County; or
10 (4) Improperly performed any of its obligations under this Agreement.
11 6.3 Termination without Cause. In circumstances other than those set forth above, the
12 County or Subrecipient may terminate this Agreement by giving at least 30 days advance
13 written notice to the Subrecipient.
14 6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County
15 under this Article 6 is without penalty to or further obligation of the County.
16 6.5 County's Rights upon Termination. Upon termination for breach under this Article
17 6, the County may demand repayment by the Subrecipient of any monies disbursed to the
18 Subrecipient under this Agreement that, in the County's sole judgment, were not expended in
19 compliance with this Agreement. The Subrecipient shall promptly refund all such monies upon
20 demand. This section survives the termination of this Agreement.
21 Article 7
22 Independent Contractor
23 7.1 Status. In performing under this Agreement, the Subrecipient, including its officers,
24 agents, employees, and volunteers, is at all times acting and performing as an independent
25 contractor, in an independent capacity, and not as an officer, agent, servant, employee,joint
26 venturer, partner, or associate of the County.
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1 7.2 Verifying Performance. The County has no right to control, supervise, or direct the
2 manner or method of the Subrecipient's performance under this Agreement, but the County may
3 verify that the Subrecipient is performing according to the terms of this Agreement.
4 7.3 Benefits. Because of its status as an independent contractor, the Subrecipient has
5 no right to employment rights or benefits available to County employees. The Subrecipient is
6 solely responsible for providing to its own employees all employee benefits required by law. The
7 Subrecipient shall save the County harmless from all matters relating to the payment of
8 Subrecipient's employees, including compliance with Social Security withholding and all related
9 regulations.
10 7.4 Services to Others. The parties acknowledge that, during the term of this
11 Agreement, the Subrecipient may provide services to others unrelated to the County.
12 Article 8
13 Indemnity and Defense
14 8.1 Indemnity. The Subrecipient shall indemnify and hold harmless and defend the
15 County (including its officers, agents, employees, and volunteers) against all claims, demands,
16 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
17 liabilities of any kind to the County, the Subrecipient, or any third party that arise from or relate
18 to the performance or failure to perform by the Subrecipient (or any of its officers, agents,
19 subcontractors, or employees) under this Agreement. The County may conduct or participate in
20 its own defense without affecting the Subrecipient's obligation to indemnify and hold harmless or
21 defend the County.
22 8.2 Survival. This Article 8 survives the termination of this Agreement.
23 Article 9
24 Insurance
25 9.1 The Subrecipient shall comply with all the insurance requirements in Exhibit D to this
26 Agreement.
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1 Article 10
2 Inspections, Audits, Record Maintenance, and Public Records
3 10.1 Inspection of Documents. The Subrecipient shall make available to the County,
4 and the County may examine at any time during business hours and as often as the County
5 deems necessary, all of the Subrecipient's records and data with respect to the matters covered
6 by this Agreement, excluding attorney-client privileged communications. The Subrecipient shall,
7 upon request by the County, permit the County to audit and inspect all of such records and data
8 to ensure the Subrecipient's compliance with the terms of this Agreement.
9 10.2 State Audit Requirements. If the compensation to be paid by the County under this
10 Agreement exceeds $10,000, the Subrecipient is subject to the examination and audit of the
11 California State Auditor, as provided in Government Code section 8546.7, for a period of three
12 years after final payment under this Agreement. This section survives the termination of this
13 Agreement.
14 10.3 Single Audit Clause. If Subrecipient expends Seven Hundred Fifty Thousand
15 Dollars ($750,000) or more in Federal and Federal flow-through monies annually, Subrecipient
16 agrees to conduct an annual audit in accordance with the requirements of the Single Audit
17 Standards as set forth in Office of Management and Budget (OMB) Title 2 of the Code of
18 Federal Regulations Part 200. Subrecipient shall submit said audit and management letter to
19 County. The audit must include a statement of findings or a statement that there were no
20 findings. If there were negative findings, Subrecipient must include a corrective action signed by
21 an authorized individual. Subrecipient agrees to take action to correct any material non-
22 compliance or weakness found as a result of such audit. Such audit shall be delivered to
23 County's DSS, Administration, for review within nine (9) months of the end of any fiscal year in
24 which funds were expended and/or received for the program. Failure to perform the requisite
25 audit functions as required by this Agreement may result in County performing the necessary
26 audit tasks, or at County's option, contracting with a public accountant to perform said audit, or,
27 may result in the inability of County to enter into future agreements with Subrecipient. All audit
28 costs related to this Agreement are the sole responsibility of Subrecipient.
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1 10.4 Program Audit Requirements. A single audit report is not applicable if all
2 Subrecipient's Federal contracts do not exceed the Seven Hundred Fifty Thousand Dollars
3 ($750,000) requirement or Subrecipient's funding is through Drug related Medi-Cal. If a single
4 audit is not applicable, a program audit must be performed and a program audit report with
5 management letter shall be submitted by Subrecipient to County as a minimum requirement to
6 attest to Subrecipient's solvency. Said audit report shall be delivered to County's DSS,
7 Administration, for review no later than nine (9) months after the close of the fiscal year in which
8 the funds supplied through this Agreement are expended. Failure to comply with this Act may
9 result in County performing the necessary audit tasks or contracting with a qualified accountant
10 to perform said audit. All audit costs related to this Agreement are the sole responsibility of
11 Subrecipient who agrees to take corrective action to eliminate any material noncompliance or
12 weakness found as a result of such audit. Audit work performed by County under this paragraph
13 shall be billed to the Subrecipient at County cost, as determined by County's Auditor-
14 Controller/Treasurer-Tax Collector.
15 10.5 Record Establishment and Maintenance. Subrecipient shall establish and maintain
16 records in accordance with those requirements prescribed by County, with respect to all matters
17 covered by this Agreement. Subrecipient shall retain all fiscal books, account records and client
18 files for services performed under this Agreement for at least five (5) years from date of final
19 payment under this Agreement or until all State and Federal audits are completed for that fiscal
20 year, whichever is later.
21 (A) Cost Documentation. Subrecipient agrees to maintain records to verify costs
22 under this Agreement including a General Ledger, properly executed payrolls, time
23 records, invoices, vouchers, orders, proof of payment, and any other accounting
24 documents pertaining in whole or in part to this Agreement and they shall be clearly
25 identified and readily accessible. The support documentation must indicate the line
26 budget account number to which the cost is charged.
27 (B) Service Documentation. Subrecipient agrees to maintain records to verify
28 services under this Agreement including names and addresses of clients served, if
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1 applicable, and the dates of service and a description of services provided on each
2 occasion. These records and any other documents pertaining in whole or in part to this
3 Agreement shall be clearly identified and readily accessible.
4 (C) County shall notify Subrecipient in writing within thirty (30) days of any potential
5 State or Federal audit exception discovered during an examination. Where findings
6 indicate that program requirements are not being met and State or Federal participation
7 in this program may be imperiled in the event that corrections are not accomplished by
8 Subrecipient within thirty (30) days of receipt of such notice from County, written
9 notification thereof shall constitute County's intent to terminate this Agreement.
10 10.6 Public Records. The County is not limited in any manner with respect to its public
11 disclosure of this Agreement or any record or data that the Subrecipient may provide to the
12 County. The County's public disclosure of this Agreement or any record or data that the
13 Subrecipient may provide to the County may include but is not limited to the following:
14 (A) The County may voluntarily, or upon request by any member of the public or
15 governmental agency, disclose this Agreement to the public or such governmental
16 agency.
17 (B) The County may voluntarily, or upon request by any member of the public or
18 governmental agency, disclose to the public or such governmental agency any record or
19 data that the Subrecipient may provide to the County, unless such disclosure is
20 prohibited by court order.
21 (C)This Agreement, and any record or data that the Subrecipient may provide to the
22 County, is subject to public disclosure under the Ralph M. Brown Act (California
23 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
24 (D)This Agreement, and any record or data that the Subrecipient may provide to the
25 County, is subject to public disclosure as a public record under the California Public
26 Records Act (California Government Code, Title 1, Division 7, Chapter 3.5, beginning
27 with section 6250) ("CPRA").
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1 (E) This Agreement, and any record or data that the Subrecipient may provide to the
2 County, is subject to public disclosure as information concerning the conduct of the
3 people's business of the State of California under California Constitution, Article 1,
4 section 3, subdivision (b).
5 (F) Any marking of confidentiality or restricted access upon or otherwise made with
6 respect to any record or data that the Subrecipient may provide to the County shall be
7 disregarded and have no effect on the County's right or duty to disclose to the public or
8 governmental agency any such record or data.
9 (G) Notwithstanding sections A-F above, any information protected by law shall not
10 be subject to public disclosure.
11 10.7 Public Records Act Requests. If the County receives a written or oral request
12 under the CPRA to publicly disclose any record that is in the Subrecipient's possession or
13 control, and which the County has a right, under any provision of this Agreement or applicable
14 law, to possess or control, then the County may demand, in writing, that the Subrecipient deliver
15 to the County, for purposes of public disclosure, the requested records that may be in the
16 possession or control of the Subrecipient. Within five business days after the County's demand,
17 the Subrecipient shall (a) deliver to the County all of the requested records that are in the
18 Subrecipient's possession or control, together with a written statement that the Subrecipient,
19 after conducting a diligent search, has produced all requested records that are in the
20 Subrecipient's possession or control, or (b) provide to the County a written statement that the
21 Subrecipient, after conducting a diligent search, does not possess or control any of the
22 requested records. The Subrecipient shall cooperate with the County with respect to any County
23 demand for such records. If the Subrecipient wishes to assert that any specific record or data is
24 exempt from disclosure under the CPRA or other applicable law, it must deliver the record or
25 data to the County and assert the exemption by citation to specific legal authority within the
26 written statement that it provides to the County under this section. The Subrecipient's assertion
27 of any exemption from disclosure is not binding on the County, but the County will give at least
28 10 days' advance written notice to the Subrecipient before disclosing any record subject to the
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1 Subrecipient's assertion of exemption from disclosure. The Subrecipient shall indemnify the
2 County for any court-ordered award of costs or attorney's fees under the CPRA that results from
3 the Subrecipient's delay, claim of exemption, failure to produce any such records, or failure to
4 cooperate with the County with respect to any County demand for any such records.
5 Article 11
6 Disclosure of Self-Dealing Transactions and Conflict of Interest
7 11.1 Applicability. This Article 11 applies if the Subrecipient is operating as a
8 corporation, or changes its status to operate as a corporation.
9 11.2 Duty to Disclose. If any member of the Subrecipient's board of directors is party to a
10 self-dealing transaction, he or she shall disclose the transaction by completing and signing a
11 "Self-Dealing Transaction Disclosure Form" (Exhibit E to this Agreement) and submitting it to the
12 County before commencing the transaction or immediately after.
13 11.3 Definition. "Self-dealing transaction" means a transaction to which the Subrecipient
14 is a party and in which one or more of its directors, as an individual, has a material financial
15 interest.
16 11.4 Conflict of Interest. No officer, employee or agent of the County who exercises any
17 function or responsibility for planning and carrying out of the services provided under this
18 Agreement shall have any direct or indirect personal financial interest in this Agreement. In
19 addition, no employee of the County shall be employed by the Subrecipient under this
20 Agreement to fulfill any contractual obligations with the County. The Subrecipient shall comply
21 with all Federal, State of California and local conflict of interest laws, statutes and regulations,
22 which shall be applicable to all parties and beneficiaries under this Agreement and any officer,
23 employee or agent of the County.
24 Article 12
25 Confidentiality and Data Security
26 12.1 Conformance with Laws: All services performed by Subrecipient under this
27 Agreement shall be in strict conformance with all applicable Federal, State of California and/or
28 local laws and regulations relating to confidentiality. For the purpose of preventing the potential
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1 loss, misappropriation or inadvertent disclosure of County data including sensitive or personal
2 client information; abuse of County resources; and/or disruption to County operations,
3 individuals and/or agencies that enter into a contractual relationship with County for the purpose
4 of providing services under this Agreement must employ adequate data security measures to
5 protect the confidential information provided to Subrecipient by County,
6 including but not limited to the following:
7 (A) Subrecipient-Owned Mobile/Wireless/Handheld Devices may not be connected
8 to County networks via personally owned mobile, wireless or handheld devices, except
9 when authorized by County for telecommuting and then only if virus protection software
10 currency agreements are in place, and if a secure connection is used.
11 (B) Subrecipient-Owned Computers or Computer Peripherals may not be brought
12 into County for use, including and not limited to mobile storage devices, without prior
13 authorization from County's Chief Information Officer or their designee. Data must be
14 stored on a secure server approved by County and transferred by means of a VPN
15 (Virtual Private Network) connection, or another type of secure connection of this type if
16 any data is approved to be transferred.
17 (C) County-Owned Computer Equipment— Subrecipient or anyone having an
18 employment relationship with County may not use County computers or computer
19 peripherals on non-County premises without prior authorization from County's Chief
20 Information Officer or their designee.
21 (D) Subrecipient may not store County's private, confidential or sensitive data on any
22 hard-disk drive.
23 (E) Subrecipient is responsible to employ strict controls to ensure the integrity and
24 security of County's confidential information and to prevent unauthorized access to data
25 maintained in computer files, program documentation, data processing systems, data
26 files and data processing equipment which stores or processes County data internally
27 and externally.
28 (F) Confidential client information transmitted to one party by the other by means of
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1 electronic transmissions must be encrypted according to Advanced Encryption
2 Standards (AES) of 128 BIT or higher. Additionally, a password or pass phrase must be
3 utilized.
4 (G)Subrecipient is responsible to immediately notify County of any breaches or
5 potential breaches of security related to County's confidential information, data
6 maintained in computer files, program documentation, data processing systems, data
7 files and data processing equipment which stores or processes County data internally or
8 externally.
9 (H) Subrecipient shall require its subcontractors to comply with the provisions of this
10 Data Security section.
11 Article 13
12 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
13 Lower Tier Covered Transactions.
14 13.1 County and Subrecipient recognize that Subrecipient is a recipient of State or
15 Federal assistance funds under the terms of this Agreement. By signing this Agreement,
16 Subrecipient agrees to comply with applicable Federal suspension and debarment regulations,
17 including but not limited to: 7 CFR 3016.35, 29 CRF 97.35, 45 CFR 92.35, and Executive Order
18 12549. By signing this Agreement, Subrecipient attests to the best of its knowledge and belief,
19 that it and its principals:
20 (A) Are not presently debarred, suspended, proposed for debarment, declared
21 ineligible, or voluntarily excluded from participation in this transaction by any Federal
22 department or agency; and
23 (B) Shall not knowingly enter into any lower tier covered transaction with an entity or
24 person who is debarred, suspended, proposed for debarment, declared ineligible, or
25 voluntarily excluded from participation in this transaction by any Federal department or
26 agency.
27 (C) Subrecipient shall provide immediate written notice to County if at any time
28 during the term of this Agreement Subrecipient learns that the representations it makes
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1 above were erroneous when made or have become erroneous by reason of changed
2 circumstances.
3 13.2 Subrecipient shall include a clause titled "Certification Regarding Debarment,
4 Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transactions" and
5 similar in nature to this Article Thirteen (13) in all lower tier covered transactions and in all
6 solicitations for lower tier covered transactions.
7 13.3 Subrecipient shall, prior to soliciting or purchasing goods and services in excess of
8 $25,000 funded by this Agreement, review and retain the proposed vendor's suspension and
9 debarment status at https://sam.gov/SAM/.
10 13.4 The certification in Article Thirteen (13) of this Agreement is a material representation
11 of fact upon which County relied in entering into this Agreement.
12 Article 14
13 General Terms
14 14.1 Modification. Except as provided in Article 6, "Termination and Suspension," this
15 Agreement may not be modified, and no waiver is effective, except by written consent by both
16 parties. The Subrecipient acknowledges that County employees have no authority to modify this
17 Agreement except as expressly provided in this Agreement.
18 (A) Changes to line items in the Exhibit C, Compensation, in an amount not to
19 exceed 10% of the maximum annual compensation payable to the Subrecipient may be
20 made with the written approval of County's DSS Director or their designee. Said
21 modifications shall not result in any changes to the maximum compensation amount
22 payable to Subrecipient, as stated in this Agreement.
23 (B) Subrecipient agrees that reductions to the maximum compensation set forth
24 under Article Three (3) of this Agreement may be necessitated by a reduction in funding
25 from State or Federal sources. Any such reduction to the maximum compensation may
26 be made with the written approval of County's DSS Director or their designee and
27 Subrecipient. Subrecipient further understands that this Agreement is subject to any
28 restriction, limitations, or enactments of all legislative bodies which affect the provisions,
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1 term, or funding of this Agreement in any manner. If the parties do not provide written
2 approval for modification due to reduced funding, this Agreement may be terminated in
3 accordance with Section 6.1 above.
4 14.2 Subrecipient's Name Change. An amendment, assignment, or new agreement is
5 required to change the name of Subrecipient as listed on this Agreement. Upon receipt of legal
6 documentation of the name change, County will process the agreement. Payment of invoices
7 presented with a new name cannot be paid prior to approval of said agreement.
8 14.3 Public Information. Subrecipient shall disclose County as a funding source in all
9 public information and program materials developed in support of contracted services.
10 14.4 Non-Assignment. Neither party may assign its rights or delegate its obligations
11 under this Agreement without the prior written consent of the other party. Any transferee,
12 assignee or subcontractor will be subject to all applicable provisions of this Agreement, and all
13 applicable State and Federal regulations. Subrecipient shall be held primarily responsible by the
14 County for the performance of any transferee, assignee or subcontractor unless otherwise
15 expressly agreed to in writing by County. The use of subcontractor by Subrecipient shall not
16 entitle Subrecipient to any additional compensation than provided for under this Agreement.
17 14.5 Governing Law. The laws of the State of California govern all matters arising from
18 or related to this Agreement.
19 14.6 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
20 County, California. Subrecipient consents to California jurisdiction for actions arising from or
21 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
22 brought and maintained in Fresno County.
23 14.7 Construction. The final form of this Agreement is the result of the parties' combined
24 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
25 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
26 against either party.
27 14.8 Days. Unless otherwise specified, "days" means calendar days.
28 14.9 Headings. The headings and section titles in this Agreement are for convenience
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1 only and are not part of this Agreement.
2 14.10 Severability. If anything in this Agreement is found by a court of competent
3 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
4 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
5 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
6 intent.
7 14.11 Nondiscrimination. During the performance of this Agreement, the Subrecipient
8 shall not unlawfully discriminate against any employee or applicant for employment, or recipient
9 of services, because of race, religious creed, color, national origin, ancestry, physical disability,
10 mental disability, medical condition, genetic information, marital status, sex, gender, gender
11 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
12 all applicable State of California and federal statutes and regulation.
13 (A) Domestic Partners and Gender Identity. For State fund-funded contracts of
14 $100,000 or more, Subrecipient certifies that it complies with Public Contract Code
15 Section 10295.3.
16 (B) Americans with Disabilities Act. Subrecipient shall comply with the Americans
17 with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of
18 disability, as well as all applicable regulations and guidelines issued pursuant to the ADA
19 (42 U.S.C. 12101 et seq.).
20 (C) Subrecipient shall include the non-discrimination and compliance provisions of
21 this section in all subcontracts to perform work under this Agreement.
22 14.12 Limited English Proficiency. Subrecipient shall provide interpreting and translation
23 services to persons participating in Subrecipient's services who have limited or no English
24 language proficiency, including services to persons who are deaf or blind. Interpreter and
25 translation services shall be provided as necessary to allow such participants meaningful
26 access to the programs, services and benefits provided by Subrecipient. Interpreter and
27 translation services, including translation of Subrecipient's "vital documents" (those documents
28 that contain information that is critical for accessing Subrecipient's services or are required by
17
1 law) shall be provided to participants at no cost to the participant. Subrecipient shall ensure that
2 any employees, agents, subcontractors, or partners who interpret or translate for a program
3 participant, or who directly communicate with a program participant in a language other than
4 English, demonstrate proficiency in the participant's language and can effectively communicate
5 any specialized terms and concepts peculiar to Subrecipient's services.
6 14.13 Drug-Free Workplace Requirements. For purposes of this paragraph, Subrecipient
7 will be referred to as the "grantee". By drawing funds against this grant award, the grantee is
8 providing the certification that it is required by regulations implementing the Drug-Free
9 Workplace Act of 1988, 45 CFR Part 76, Subpart F. These regulations require certification by
10 grantees that they will maintain a drug-free workplace. False certification or violation of the
11 certification shall be grounds for suspension of payments, suspension or termination of grants,
12 or government wide suspension or debarment. Subrecipient shall also comply with the
13 requirements of the Drug-Free Workplace Act of 1990 (California Government Code section
14 8350 et seq.).
15 14.14 Grievances. Subrecipient shall establish procedures for handling client complaints
16 and/or grievances. Such procedures will include provisions for informing clients of their rights to
17 a State Hearing to resolve such issues when appropriate.
18 14.15 Lobbying and Political Activity. None of the funds provided under this Agreement
19 shall be used for publicity, lobbying or propaganda purposes designed to support or defeat
20 legislation pending in the Congress of the United States of America or the Legislature of the
21 State of California. Subrecipient shall not directly or indirectly use any of the funds under this
22 Agreement for any political activity or to further the election or defeat of any candidate for public
23 office.
24 14.16 Clean Air Act and the Federal Water Pollution Control Act. If the compensation
25 to be paid by the County under this Agreement exceeds One Hundred Fifty Thousand and
26 No/100 Dollars ($150,000) of Federal funding, Subrecipient agrees to comply with all applicable
27 standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q)
28 and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations
18
1 must be reported to the Federal awarding agency and the Regional Office of the Environmental
2 Protection Agency (EPA).
3 14.17 Procurement of Recovered Materials. If compensation to be paid by the County
4 under this Agreement is funded in whole or in part with Federal funding, In the performance of
5 this Agreement, Subrecipient shall comply with section 6002 of the Solid Waste Disposal Act, as
6 amended by the Resource Conservation and Recovery Act. The requirements of Section 6002
7 include procuring only items designated in guidelines of the Environmental Protection Agency
8 (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials
9 practicable, consistent with maintaining a satisfactory level of competition, where the purchase
10 price of the item exceeds $10,000 or the value of the quantity acquired during the preceding
11 fiscal year exceeded $10,000; procuring solid waste management services in a manner that
12 maximizes energy and resource recovery; and establishing an affirmative procurement program
13 for procurement of recovered materials identified in the EPA guidelines.
14 14.18 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
15 of the Subrecipient under this Agreement on any one or more occasions is not a waiver of
16 performance of any continuing or other obligation of the Subrecipient and does not prohibit
17 enforcement by the County of any obligation on any other occasion.
18 14.19 Child Support Compliance Act. If compensation to be paid by the County under
19 this Agreement includes State funding in excess of$100,000, the Subrecipient acknowledges in
20 accordance with Public Contract Code 7110, that:
21 (A) Subrecipient recognizes the importance of child and family support obligations
22 and shall fully comply with all applicable state and federal laws relating to child and
23 family support enforcement, including, but not limited to, disclosure of information and
24 compliance with earnings assignment orders, as provided in Chapter 8 (commencing
25 with section 5200) of Part 5 of Division 9 of the Family Code; and
26 (B) Subrecipient to the best of its knowledge is fully complying with the earnings
27 assignment orders of all employees and is providing the names of all new employees to
28
19
1 the New Hire Registry maintained by the California Employment Development
2 Department.
3 14.20 Priority Hiring Considerations. If compensation to be paid by the County under this
4 Agreement includes State funding and services in excess of$200,000, Subrecipient shall give
5 priority consideration in filling vacancies in positions funded by the Agreement to qualified
6 recipients of aid under Welfare and Institutions Code Section 11200, in accordance with Public
7 Contract Code Section 10353.
8 14.21 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
9 between the Subrecipient and the County with respect to the subject matter of this Agreement,
10 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
11 publications, and understandings of any nature unless those things are expressly included in
12 this Agreement. If there is any inconsistency between the terms of this Agreement without its
13 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
14 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
15 exhibits.
16 14.22 No Third-Party Beneficiaries. This Agreement does not and is not intended to
17 create any rights or obligations for any person or entity except for the parties.
18 14.23 Authorized Signature. The Subrecipient represents and warrants to the County
19 that:
20 (A) The Subrecipient is duly authorized and empowered to sign and perform its
21 obligations under this Agreement.
22 (B) The individual signing this Agreement on behalf of the Subrecipient is duly
23 authorized to do so and his or her signature on this Agreement legally binds the
24 Subrecipient to the terms of this Agreement.
25 14.24 Electronic Signatures. The parties agree that this Agreement may be executed by
26 electronic signature as provided in this section.
27 1H
28 1H
20
1 (A) An "electronic signature" means any symbol or process intended by an individual
2 signing this Agreement to represent their signature, including but not limited to (1) a
3 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
4 electronically scanned and transmitted (for example by PDF document) version of an
5 original handwritten signature.
6 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
7 equivalent to a valid original handwritten signature of the person signing this Agreement
8 for all purposes, including but not limited to evidentiary proof in any administrative or
9 judicial proceeding, and (2) has the same force and effect as the valid original
10 handwritten signature of that person.
11 (C)The provisions of this section satisfy the requirements of Civil Code section
12 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
13 Part 2, Title 2.5, beginning with section 1633.1).
14 (D) Each party using a digital signature represents that it has undertaken and
15 satisfied the requirements of Government Code section 16.5, subdivision (a),
16 paragraphs (1) through (5), and agrees that each other party may rely upon that
17 representation.
18 (E) This Agreement is not conditioned upon the parties conducting the transactions
19 under it by electronic means and either party may sign this Agreement with an original
20 handwritten signature.
21 14.25 Counterparts. This Agreement may be signed in counterparts, each of which is an
22 original, and all of which together constitute this Agreement.
23 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Agreement on the date stated in the introductory clause.
2
Poverello House County OF FRESNO
3
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5 Zachary D Darrah, ecutive Officer Nathan Magsig, Chairman of the Board of
Supervisors of the County of Fresno
6 412 F Street
Fresno, CA 93706 Attest:
7 Bernice E. Seidel
Clerk of the Board of Supervisors
8 County of Fresno, State of California
10 Deputy
11 For accounting use only:
12 Org No.: 56107114
Account No.: 7870
13 Fund No.:0001
Subclass No.:10000
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SCO ID: 0515-23-HHAP-10021 Exhibit A 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
8/22/2023
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
ExhibitC General Terms and Conditions 10
Exhibit D Special Terms and Conditions 2
Exhibit E State of California General Terms and Conditions 1
Items shown with on asterisk(*),are hereby incorporated by reference and made part of this agreement as it attached hereto.
These documents can be viewed at https✓/www.dgs.ca.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.Box1912 Fresno CA 93718
PRINTED NAME OF PERSON SIGNING 11n1E
Sal Quintero Chairman,County of Fresno Board of Supervisors
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
7/18/23
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno,State of California
10, _Deputy
A-1 Page 1 of 2
SCO ID: 0515-23-HHAP-10021 Exhibit A
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES __ I---- ----
STANDARD AGREEMENT AGREEMENTNUM8ER PURCHASING AUTHORITY NUMBER(If 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
CONTRA CZA Y THORIZEDSIGNATURE DATE SIGNED
Aug 22,2023
CALIF8RNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(I#Applicable)
Page 2 of 2
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County of Fresno
23-HHAP-10021
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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.
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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.
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f) "Council" means the California Interagency Council on Homelessness, formerly
known as the Homeless Coordinating and Financing Council created pursuant to
Section 8257 of the Welfare and Institutions Code.
g) "Emergency shelter" has the same meaning as defined in subdivision (e) of
Section 50801.
h) "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the
Code of Federal Regulations. as that section read on January 10, 2019.
i) "Homeless Management Information System" means the information system
designated by a Continuum of Care to comply with federal reporting requirements as
defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term
"Homeless Management Information System" also includes the use of a comparable
database by a victim services provider or legal services provider that is permitted by
the federal government under Part 576 of Title 24 of the Code of Federal
Regulations.
j) "Homeless point-in-time count" means the most recent point-in-time count that
requires a sheltered and unsheltered count pursuant to Section 578.3 of Title 24 of
the Code of Federal Regulations completed by all applicants.
k) "Homeless youth" means an unaccompanied youth between 12 and 24 years of
age, inclusive, who is experiencing homelessness, as defined in subsection (2) of
Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C.
Sec. 11434a(2)). "Homeless youth" includes unaccompanied youth who are
pregnant or parenting.
1) "Housing First" has the same meaning as in Section 8255 of the Welfare and
Institutions Code, including all of the core components listed therein.
m) "Jurisdiction" means a city, city that is also a county. county, or Continuum of
Care, as defined in this section.
n) "Navigation center" means a Housing First, low-barrier, service-enriched shelter
focused on moving homeless individuals and families into permanent housing that
provides temporary living facilities while case managers connect individuals
experiencing homelessness to income, public benefits, health services, shelter, and
housing.
o) "Program" means the Homeless Housing. Assistance, and Prevention program
established pursuant to this chapter.
1) "Round 1" of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1, 2019.
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2) "Round 2" of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1, 2020.
3) "Round 3" of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1, 2021.
4) "Round 4' of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1. 2022.
p) "Program allocation" means the portion of program funds available to expand or
develop local capacity to address immediate homelessness challenges.
q) "Recipient" means a jurisdiction that receives funds from the Cal ICH for the
purposes of the program.
r) "Tribe" or "tribal applicant' means a federally recognized tribal government
pursuant to Section 4103 of Title 25 of the United States Code.
Additional definitions for the purposes of the HHAP-4 program:
"Obligate" means that the Grantee has placed orders, awarded contracts, received
services, or entered into similar transactions that require payment using HHAP-4
funding. Grantees, and the subrecipients who receive awards from those Grantees,
must obligate the funds by the statutory deadlines set forth in this Exhibit A.
"Expended" means all HHAP-4 funds obligated under contract or subcontract have
been fully paid and receipted, and no invoices remain outstanding.
4) Scope of Work
The Scope of Work ("Work") for this Agreement shall include uses that
are consistent with Health and Safety Code section 50218.7, subdivision (e), and
section 50220.8, subdivisions (e), (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.
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c) Street outreach to assist persons experiencing homelessness to access
permanent housing and services
d) Services coordination, which may include access to workforce, education, and
training programs, or other services needed to promote housing stability in
supportive housing.
e) Systems support for activities necessary to create regional partnerships and
maintain a homeless services and housing delivery system, particularly for
vulnerable populations including families and homeless youth.
f) Delivery of permanent housing and innovative housing solutions, such as hotel
and motel conversions.
g) Prevention and shelter diversion to permanent housing, including rental
subsidies.
h) Interim sheltering, limited to newly developed clinically enhanced congregate
shelters, new or existing noncongregate shelters, and operations of existing
navigation centers and shelters based on demonstrated need. Demonstrated
need for purposes of this paragraph shall be based on the following:
i) The number of available shelter beds in the city, county, or region served by a
Continuum of Care.
ii) The number of people experiencing unsheltered homelessness in the
homeless point-in-time count.
iii) Shelter vacancy rate in the summer and winter months.
iv) Percentage of exits from emergency shelters to permanent housing solutions.
v) A plan to connect residents to permanent housing.
vi) Any new interim sheltering funded by HHAP-4 funds must be low barrier,
comply with Housing First as provided in Chapter 6.5 (commencing with Section
8255) of Division 8 of the Welfare and Institutions Code, and prioritize
interventions other than congregate shelters.
i) Improvements to existing emergency shelters to lower barriers and increase
privacy.
In addition to the eligible uses described above, the Grantee's expenditure of its
entire HHAP-4 allocation must also comply with the following:
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a) At least 10 percent of the funds shall be spent on services for homeless youth
populations.
b) Not more than 7 percent of funds may be used for administrative costs incurred
by the city, county, or continuum of care to administer its program allocation. For
purposes of this Agreement, "administrative costs" does not include staff or other
costs directly related to implementing activities funded by the program allocation.
5) Cal ICH Contract Coordinator
The Cal ICH's Contract Coordinator for this Agreement is the 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.
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6) Effective Date, Term of Agreement, and Deadlines
a) This Agreement is effective upon approval by Cal ICH (indicated by the signature
provided by Cal ICH in the lower left section of page one, Standard Agreement,
STD. 213), when signed by all parties. Funds will be disbursed in accordance
with Section 3 of Exhibit B.
b) This Agreement shall terminate on December 31, 2027.
c) A grantee shall contractually obligate no less than 75 percent and shall expend
no less than 50 percent of their initial (50 percent) HHAP-4 disbursement by
May 31, 2025. Upon demonstration by a grantee that it has complied with this
requirement and remains on track to meet its outcome goals, as determined by
the council pursuant to Health and Safety Code section 50223, the council shall
disburse to that recipient the remaining 50 percent of its total HHAP-4 allocation
pursuant to Health and Safety Code section 50218.7(a).
i) Grantee will demonstrate compliance with these requirements by completing
the certification documentation in the form and manner provided by the
council.
d) If a grantee has obligated less than 75 percent or expended less than 50 percent
of their initial (50 percent) HHAP-4 disbursement by May 31, 2025, the
grantee shall not contractually obligate or expend any remaining portion of its
round 4 initial program allocation, and the council shall not allocate to the
recipient the remaining 50 percent of its total allocation, unless both of the
following occur:
i) On or before June 30, 2025, the grantee submits an alternative disbursement
plan to Cal ICH that includes an explanation for the delay.
ii) Cal ICH approves the alternative disbursement plan.
If Cal ICH cannot approve an alternative disbursement plan, Cal ICH will provide
the grantee with guidance on the revisions needed in order to approve the
alternative disbursement plan.
If the funds identified in the approved alternative disbursement plan are not fully
expended by December 31, 2026. the funds shall be returned to the Cal ICH to
be allocated as bonus awards.
e) Grantees that do not meet the final expenditure deadlines in Health and Safety
Code section 50220.8(k) shall not be eligible for bonus funding.
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f) All HHAP-4 funds shall be expended by June 30, 2027.
g) In accordance with Health and Safety Code section 50220.8. subdivision (k).
Cal ICH retains the right to require a corrective action plan of grantees that are
not on track to fully expend funds by the statutorily required deadline.
h) Any funds not expended by June 30, 2027, including bonus funds, shall revert to
and be paid and deposited in, the General Fund pursuant to Health and Safety
Code section 50220.8(p).
i) The council may request additional information from applicants, as needed, to
meet other applicable reporting or audit requirements.
j) Bonus Funds: Health and Safety Code section 50220.8 mandates the following,
regarding a recipient's eligibility for Bonus Funding-
i) Recipients that do not meet the obligation requirements laid out in Health and
Safety Code section 50220.8(k) shall not be eligible for bonus funding:
ii) Recipients shall demonstrate no later than June 30, 2025, whether they have
successfully met their outcome goals; and
iii) Jurisdictions that have not met their outcome goals shall not be eligible for
bonus funding and shall accept technical assistance from council staff. In
addition, jurisdictions that have not met their outcome goals may also be
required to limit allowable uses of program funds, as determined by the
Council.
iv) If recipient receives bonus funding, the bonus funds will be distributed as an
amendment to this contract. No additional contract will be executed.
7) Special Conditions
Cal ICH reserves the right to add any special conditions to this Agreement it deems
necessary to ensure that the goals of the Program are achieved.
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Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4)
Standard Agreement
EXHIBIT B
BUDGET DETAIL and DISBURSEMENT PROVISIONS
1) Budget Detail & Changes
The Grantee agrees that HHAP-4 funds shall be expended on uses that support
regional coordination and expand or develop local capacity to address immediate
homelessness challenges. Such activities must be informed by a best-practices
framework focused on moving people experiencing homelessness into permanent
housing and supporting the efforts of those individuals and families to maintain their
permanent housing.
The Grantee shall expend the HHAP-4 funds on eligible activities as detailed in
Health and Safety Code section 50218.7(e) and section 50220.8, subdivisions (e),
and (f).
2) General Conditions Prior to Disbursement
All Grantees must submit the following forms prior to HHAP-4 funds being released:
• Request for Funds Form ("RFF")
• STD 213 Standard Agreement form and initialed Exhibits A through F
• STD 204 Payee Data Record or Government Agency Taxpayer ID Form
3) Disbursement of Funds
Initial Disbursement
Fifty percent of a grantee's HHAP-4 funds will be disbursed to the Grantee upon
receipt, review and approval of the completed Standard Agreement and RFF by
Cal ICH, the Department of General Services (DGS) and the State Controller's
Office (SCO).
The RFF must include the proposed eligible uses and the amount of funds proposed
for expenditure under each eligible use. The Initial disbursement of HHAP-4 funds
will be disbursed in one allocation via mailed check once the RFF has been received
by the SCO. Checks will be mailed to the address and contact name listed on the
RFF.
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Remainder Disbursement
a) Cal ICH will disburse the remaining fifty percent of HHAP-4 funds upon
demonstration by a Grantee that it has complied with the requirement to
contractually obligate and expend a minimum amount of its round 4 program
allocation, as described below, and remains on track to meet its outcome goals,
as determined by the council pursuant to Section 50223.
i) A grantee shall contractually obligate no less than 75 percent and shall
expend no less than 50 percent of their initial (50 percent) HHAP-4
disbursement by May 31, 2025. Upon demonstration by a grantee that it has
complied with this requirement and remains on track to meet its outcome
goals, as determined by the council pursuant to Health and Safety Code
section 50223, the council shall disburse to that recipient the remaining 50
percent of its total HHAP-4 allocation pursuant to Health and Safety Code
section 50218.7(a).
b) If a grantee has obligated less than 75 percent or expended less than 50 percent
of their initial disbursement by May 31, 2025, the grantee shall not contractually
obligate or expend any remaining portion of its round 4 initial program allocation,
and the council shall not allocate to the recipient the remaining 50 percent of its
total allocation, unless both of the following occur:
i) On or before June 30, 2025, the grantee submits an alternative disbursement
plan to Cal ICH that includes an explanation for the delay.
ii) Cal ICH approves the alternative disbursement plan. If Cal ICH cannot
approve an alternative disbursement plan, Cal ICH will provide the grantee
with guidance on the revisions needed in order to approve the alternative
disbursement plan.
4) If a Grantee is not on track to meet outcome goals, grantee must agree to receive
TA from Cal ICH to get back on track with the outcome goals before the Council
allocates the remaining 50 percent of a recipient's allocation.
Bonus Funds Disbursement
If a Grantee qualifies for Bonus Funds pursuant to the requirements laid out in
Health and Safety Code section 50220.7, Cal ICH will determine the amount of
Bonus Funds the Grantee is eligible for and will disburse these Bonus Funds to
the Grantee upon receipt, review and approval of the completed Amended Standard
Agreement and 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
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HHAP-4 funds will be allocated in one disbursement via mailed check once the RFF
has been received by the SCO. Checks will be mailed to the address and contact
name listed on the RFF.
5) Expenditure of Funds
All HHAP-4 funds must be spent in accordance with Health and Safety Code section
50218.7(e) and section 50220.8, subdivisions (e), and (0, and as described in
Exhibit A, Section 4 "Scope of Work".
6) Ineligible Costs
a) HHAP-4 funds shall not be used for costs associated with activities in violation of
any law or for any activities not consistent with the intent of the Program and
the eligible uses identified in Health and Safety Code section 50220 8..
subdivisions (e). (0, and (g).
b) Cal ICH reserves the right to request additional clarifying information to
determine the reasonableness and eligibility of all uses of the funds made
available by this Agreement. If the Grantee or its funded subrecipients use
HHAP-4 funds to pay for ineligible activities, the Grantee shall be required to
reimburse these funds to Cal ICH.
c) An expenditure which is not authorized by this Agreement, or by written approval
of the Grant Manager or his/her designee, or which cannot be adequately
documented. shall be disallowed and must be reimbursed to Cal ICH by the
Grantee.
Cal ICH, at its sole and absolute discretion, shall make the final determination
regarding the allowability of HHAP-4 fund expenditures.
d) Program funds shall not be used to supplant existing local funds for homeless
housing, assistance, or prevention. HHAP funds cannot replace local funds that
are committed to an existing or developing homeless assistance program.
However, if funds previously supporting a service or project end or are reduced
for reasons beyond the control of the grantee and services or housing capacity
will be lost as a result of these funds ending, HHAP funds may be used to
maintain the service or program. Examples include, but are not limited to, a time-
limited city and/or county tax or one-time block grant, such as HEAP.
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Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4)
Standard Agreement
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1) Termination and Sufficiency of Funds
a) Termination of Agreement
Cal ICH may terminate this Agreement at any time for cause by giving a
minimum of 14 days' notice of termination, in writing, to the Grantee. Cause shall
consist of violations of any conditions of this Agreement, any breach of contract
as described in paragraph 6 of this Exhibit C; violation of any federal
or state laws; or withdrawal of Cal ICH's expenditure authority. Upon termination
of this Agreement, unless otherwise approved in writing by Cal ICH, any
unexpended funds received by the Grantee shall be returned to Cal ICH
within 30 days of Cal ICH's notice of termination.
b) Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made
available to Cal ICH by legislative appropriation. In addition, this Agreement is
subject to any additional restrictions, limitations or conditions, or statutes,
regulations or any other laws, whether federal or those of the State of California,
or of any agency, department, or any political subdivision of the federal or State
of California governments, which may affect the provisions, terms or funding of
this Agreement in any manner.
2) Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other
means, the rights, duties, or performance of this Agreement or any part thereof,
except as allowed within Exhibit C Section 12 (Special Conditions — Grantees/Sub
Grantee) or with the prior written approval of Cal ICH and a formal amendment to
this Agreement to affect such subcontract or novation.
3) Grantee's Application for Funds
Grantee has submitted to Cal ICH an application for HHAP-4 funds to support
regional coordination and expand or develop local capacity to address its immediate
homelessness challenges. Cal ICH is entering into this Agreement on the basis of
Grantee's facts, information, assertions and representations contained in
that application. Any subsequent modifications to the original funding plans
submitted within the original application must be requested through the formal HHAP
Budget Modification Request Process and are subject to approval by Cal ICH.
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Grantee warrants that all information. facts, assertions and representations
contained in the application and approved modifications and additions thereto are
true, correct. and complete to the best of Grantee's knowledge. In the event that any
part of the application and any approved modification and addition thereto is untrue.
incorrect, incomplete, or misleading in such a manner that would substantially affect
Cal ICH approval, disbursement, or monitoring of the funding and the grants or
activities governed by this Agreement, then Cal ICH may declare a breach of this
Agreement and take such action or pursue such remedies as are legally available.
4) Reporting/Audits
a) Annual Reports
By January 1, 2024, and annually on that date thereafter until all funds have
been expended, the Grantee shall submit an annual report to Cal ICH in a
format provided by Cal ICH. Annual Reports will include a request for data on
expenditures and people served with HHAP-4 funding, details on specific
projects selected for the use of HHAP-4 funding, and data regarding the progress
towards outcome goals. If the Grantee fails to provide such documentation, Cal
ICH may recapture any portion of the amount authorized by this Agreement with
a 14-day written notification. No later than October 1, 2027, the Grantee shall
submit a final report, in a format provided by Cal ICH, as well as a detailed
explanation of all uses of the Program funds
b) Quarterly Expenditure Reports
In addition to the annual reports, Cal ICH requires the Grantee to submit
quarterly expenditure reports due no later than 30 days following the end of each
fiscal quarter. Grantee shall submit a report to Cal ICH on a form and method
provided by Cal ICH that includes the ongoing tracking of the specific uses and
expenditures of any program funds broken out by eligible uses listed, including
the current status of those funds, as well as any additional information Cal ICH
deems appropriate or necessary. If the Grantee fails to provide such
documentation, Cal ICH may recapture any portion of the amount authorized by
this Agreement with a 14-day written notification.
c) Reporting Requirements
i) Annual Report: The annual report shall contain detailed information in
accordance with Health and Safety Code section 50223, subdivision (a).
This information includes the following, as well as any additional information
deemed appropriate or necessary by Cal ICH:
(1) Data collection shall include, but not be limited to, information regarding
individuals and families served, including demographic information,
information regarding partnerships among entities or lack thereof, and
participant and regional outcomes.
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(2) The performance monitoring and accountability framework shall include
clear metrics, which may include, but are not limited to, the following
(a) The number of individual exits to permanent housing, as defined by the
United States Department of Housing and Urban Development, from
unsheltered environments and interim housing resulting from this
funding.
(b) Racial equity, as defined by the council in consultation with
representatives of state and local agencies, service providers, the
Legislature, and other stakeholders.
(c) Any other metrics deemed appropriate by the council and developed in
coordination with representatives of state and local agencies,
advocates, service providers, and the Legislature.
(3) Data collection and reporting requirements shall support the efficient and
effective administration of the program and enable the monitoring of
jurisdiction performance and program outcomes.
Data shall include progress towards meeting the grantee's outcome goals.
If significant progress toward outcome goals has not been made, the
applicant shall:
(a) Submit a description of barriers and possible solutions to meet those
barriers
(b) Accept technical assistance from Cal ICH
(c) Include the progress towards outcome goals in all subsequent
quarterly reports, until significant progress is made as deemed by Cal
ICH
ii) Expenditure Report: The expenditure report shall contain data on
expenditures of HHAP-4 funding including but not limited to obligated funds,
expended funds, and other funds derived from HHAP-4 funding.
iii) Final Expenditure Plan: During the final fiscal year of reporting, grantees may
be required to include a plan to fully expend HHAP-4 grant funding. This plan
must be submitted with the quarterly expenditure report in a format to be
provided by Cal ICH.
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iv) Grantees or their subcontractors must report client data into their local
Homeless Management Information Systems (HMIS) pursuant to the
requirements of Assembly Bill (AB) 977 (Chapter 397, Statutes of 2021)
v) Cal ICH may require additional supplemental reporting with written notice to
the Grantee.
vi) Grantee may, at their discretion, fully expend their HHAP-4 allocation prior to
the end date of the grant term and will not be required to submit quarterly
fiscal reports after the quarter in which their allocation was fully expended.
d) Auditing
Cal ICH reserves the right to perform or cause to be performed a financial audit.
At Cal ICH request, the Grantee shall provide, at its own expense, a financial
audit prepared by a certified public accountant. HHAP-4 administrative funds
may be used to fund this expense. Should an audit be required, the Grantee shall
adhere to the following conditions:
i) The audit shall be performed by an independent certified public accountant.
ii) The Grantee shall notify Cal ICH of the auditor's name and address
immediately after the selection has been made. The contract for the audit
shall allow access by Cal ICH to the independent auditor's working papers.
iii) The Grantee is responsible for the completion of audits and all costs of
preparing audits.
iv) If there are audit findings, the Grantee must submit a detailed response
acceptable to Cal ICH for each audit finding within 90 days from the date of
the audit finding report.
5) Inspection and Retention of Records
a) Record Inspection
Cal ICH or its designee shall have the right to review, obtain, and copy all
records and supporting documentation pertaining to performance under this
Agreement. The Grantee agrees to provide Cal ICH, or its designee, with any
relevant information requested. The Grantee agrees to give Cal ICH or its
designee access to its premises, upon reasonable notice and during normal
business hours, for the purpose of interviewing employees who might reasonably
have information related to such records, and of inspecting and copying such
books, records, accounts, and other materials that may be relevant to
an investigation of compliance with the Homeless Housing, Assistance. and
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Prevention Program laws, the HHAP-4 program guidance document published
on the website. and this Agreement.
In accordance with Health and Safety Code section 50220.8, subdivision (m), if
upon inspection of records Cal ICH identifies noncompliance with grant
requirements. Cal ICH retains the right to impose a corrective action plan on the
Grantee.
b) Record Retention
The Grantee further agrees to retain all records described in subparagraph a for
a minimum period of five (5) years after the termination of this Agreement.
If any litigation, claim, negotiation, audit, monitoring, inspection, or other action
has been commenced before the expiration of the required record retention
period, all records must be retained until completion of the action and resolution
of all issues which arise from it.
c) Public Records Act
The grantees' final HHAP-4 application, this contract, and other documents
related to the grant are considered public records, which are available for public
viewing pursuant to the California Public Records Act.
6) Breach and Remedies
a) Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
i) Grantee's failure to comply with the terms or conditions of this Agreement.
ii) Use of, or permitting the use of, HHAP-4 funds provided under this
Agreement for any ineligible activities.
iii) Any failure to comply with the deadlines set forth in this Agreement.
b) Remedies for Breach of Agreement
In addition to any other remedies that may be available to Cal ICH in law or
equity for breach of this Agreement, Cal ICH may:
i) Bar the Grantee from applying for future HHAP funds;
ii) Revoke any other existing HHAP-4 award(s) to the Grantee;
iii) Require the return of any unexpended HHAP-4 funds disbursed under this
Agreement;
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iv) Require repayment of HHAP-4 funds disbursed and expended under this
Agreement;
v) Require the immediate return to Cal ICH of all funds derived from the use of
HHAP-4 funds
vi) Seek, in a court of competent jurisdiction, an order for specific performance of
the defaulted obligation or participation in the technical assistance in
accordance with HHAP-4 requirements.
c) All remedies available to Cal ICH are cumulative and not exclusive.
d) Cal ICH may give written notice to the Grantee to cure the breach or
violation within a period of not less than 15 days.
7) Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior
or subsequent breach. The failure of Cal ICH to enforce at any time the provisions of
this Agreement, or to require at any time, performance by the Grantee of these
provisions, shall in no way be construed to be a waiver of such provisions nor to
affect the validity of this Agreement or the right of Cal ICH to enforce
these provisions.
8) Nondiscrimination
During the performance of this Agreement. Grantee and its subrecipients shall not
unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex (gender), sexual orientation, gender
identity, gender expression, race, color, ancestry, religion, creed, national origin
(including language use restriction), pregnancy, physical disability (including HIV and
AIDS), mental disability, medical condition (cancer/genetic characteristics), age
(over 40), genetic information, marital status, military and veteran status, and denial
of medical and family care leave or pregnancy disability leave. Grantees and Sub
grantees shall ensure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment.
Grantee and its subrecipients shall comply with the provisions of California's laws
against discriminatory practices relating to specific groups: the California Fair
Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations
promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the
provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government
Code (Gov. Code, §§ 11135 - 11139.5). Grantee and its subrecipients shall give
written notice of their obligations under this clause to labor organizations with which
they have a collective bargaining or other agreement.
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9) Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. For
instance, Health and Safety Code section 50220.5, subdivision (i) states, "For
purposes of Section 1090 of the Government Code, a representative of a county
serving on a board, committee, or body with the primary purpose of administering
funds or making funding recommendations for applications pursuant to this chapter
shall have no financial interest in any contract.. program, or project voted on by the
board, committee, or body on the basis of the receipt of compensation for holding
public office or public employment as a representative of the county."
Failure to comply with these laws. including business and financial disclosure
provisions, will result in the application being rejected and any subsequent contract
being declared void. Other legal action may also be taken. Additional applicable
statutes include, but are not limited to, Government Code section 1090 and Public
Contract Code sections 10410 and 10411 .
a) Current State Employees: No State officer or employee shall engage in any
employment, activity, or enterprise from which the officer or employee receives
compensation or has a financial interest, and which is sponsored or funded by
any State agency, unless the employment, activity, or enterprise is required as a
condition of regular State employment. No State officer or employee shall
contract on his or her own behalf as an independent Grantee with any State
agency to provide goods or services.
b) Former State Employees: For the two-year period from the date he or she left
State employment, no former State officer or employee may enter into a contract
in which he or she engaged in any of the negotiations, transactions, planning,
arrangements, or any part of the decision-making process relevant to the
contract while employed in any capacity by any State agency. For the twelve-
month period from the date he or she left State employment, no former State
officer or employee may enter into a contract with any State agency if he or she
was employed by that State agency in a policy-making position in the same
general subject area as the proposed contract within the twelve-month period
prior to his or her leaving State service.
c) Employees of the Grantee: Employees of the Grantee shall comply with all
applicable provisions of law pertaining to conflicts of interest, including but not
limited to any applicable conflict of interest provisions of the Political Reform
Act of 1974 (Gov. Code, § 81000 et seq.).
d) Representatives of a County: A representative of a county serving on a board,
committee, or body with the primary purpose of administering funds or making
funding recommendations for applications pursuant to this chapter shall have no
financial interest in any contract, program, or project voted on by the board,
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committee, or body on the basis of the receipt of compensation for holding public
office or public employment as a representative of the county
10) Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies,
under penalty of perjury under the laws of State of California, that it and its
subrecipients will comply with the requirements of the Drug-Free Workplace Act of
1990 (Gov. Code, section 8350 et seq.) and have or will provide a drug-free
workplace by taking the following actions:
Publish a statement notifying employees and subrecipients that unlawful
manufacture distribution, dispensation, possession, or use of a controlled substance
is prohibited and specifying actions to be taken against employees, Grantees, or
subrecipients for violations, as required by Government Code section 8355,
subdivision (a)(1).
a) Establish a Drug-Free Awareness Program, as required by Government Code
section 8355, subdivision (a)(2) to inform employees, Grantees, or
subrecipients about all of the following
i) The dangers of drug abuse in the workplace;
ii) Grantee's policy of maintaining a drug-free workplace;
iii) Any available counseling, rehabilitation, and employee assistance program;
and
iv) Penalties that may be imposed upon employees, Grantees, and
subrecipients for drug abuse violations.
b) Provide, as required by Government Code section 8355, subdivision (a)(3), that
every employee and/or subrecipient that works under this Agreement:
i) Will receive a copy of Grantee's drug-free policy statement, and
ii) Will agree to abide by terms of Grantee's condition of employment or
subcontract.
11) Child Support Compliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in
accordance with Public Contract Code 7110. that-
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a) The Grantee recognizes the importance of child and family support obligations
and shall fully comply with all applicable state and federal laws relating to child
and family support enforcement, including, but not limited to, disclosure of
information and compliance with earnings assignment orders, as provided in
Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family
Code-, and
b) The Grantee, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
12) Special Conditions — Grantees/Subgrantee
The Grantee agrees to comply with all conditions of this Agreement including
the Special Conditions set forth in Exhibit D. These conditions shall be met to the
satisfaction of Cal ICH prior to disbursement of funds. The Grantee shall ensure that
all Subgrantees are made aware of and agree to comply with all the conditions of
this Agreement and the applicable State requirements governing the use of HHAP-4
funds. Failure to comply with these conditions may result in termination of this
Agreement.
a) The Agreement between the Grantee and any Subgrantee shall require
the Grantee and its Subgrantees, if any. to.
i) Perform the work in accordance with Federal, State and Local housing and
building codes, as applicable.
ii) Maintain at least the minimum State-required worker's compensation for
those employees who will perform the work or any part of it.
iii) Maintain, as required by law, unemployment insurance, disability insurance,
and liability insurance in an amount that is reasonable to compensate any
person, firm or corporation who may be injured or damaged by the Grantee or
any Subgrantee in performing the Work or any part of it.
iv) Agree to include all the terms of this Agreement in each subcontract.
13) Compliance with State and Federal Laws, Rules, Guidelines and Regulations
The Grantee agrees to comply with all state and federal laws, rules and regulations
that pertain to construction, health and safety, labor, fair employment practices,
environmental protection, equal opportunity, fair housing, and all other matters
applicable and/or related to the HHAP-4 program. the Grantee. its subrecipients. and
all eligible activities.
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Grantee shall also be responsible for obtaining any and all permits, licenses, and
approvals required for performing any activities under this Agreement, including
those necessary to perform design, construction, or operation and maintenance of
the activities. Grantee shall be responsible for observing and complying with any
applicable federal, state, and local laws, rules or regulations affecting any such work,
specifically those including, but not limited to, environmental protection.
procurement, and safety laws. rules, regulations, and ordinances. Grantee shall
provide copies of permits and approvals to Cal ICH upon request.
14) Inspections
a) Grantee shall inspect any work performed hereunder to ensure that the work is
being and has been performed in accordance with the applicable federal, state
and/or local requirements, and this Agreement.
b) Cal ICH reserves the right to inspect any work performed hereunder to ensure
that the work is being and has been performed in accordance with the
applicable federal, state and/or local requirements, and this Agreement.
c) Grantee agrees to require that all work that is determined based on such
inspections not to conform to the applicable requirements be corrected and to
withhold payments to the subrecipient until it is corrected.
15) Litigation
a) If any provision of this Agreement, or an underlying obligation, is held invalid by a
court of competent jurisdiction, such invalidity, at the sole discretion of Cal
ICH, shall not affect any other provisions of this Agreement and the Initial of this
Agreement shall remain in full force and effect. Therefore, the provisions of this
Agreement are and shall be deemed severable.
b) The Grantee shall notify Cal ICH immediately of any claim or action undertaken
by or against it, which affects or may affect this Agreement or Cal ICH, and shall
take such action with respect to the claim or action as is consistent with the terms
of this Agreement and the interests of Cal ICH.
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Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4)
Standard Agreement
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1) All proceeds from any interest-bearing account established by the Grantee for the
deposit of HHAP-4 funds, along with any interest-bearing accounts opened
by subrecipients to the Grantee for the deposit of HHAP-4 funds, must be used for
HHAP-4-eligible activities and reported on as required by Cal ICH.
2) Per Health and Safety Code section 50220.8 (g), any housing-related activities
funded with HHAP-4 funds, including but not limited to emergency shelter (per
Health and Safety Code section 50220.8(e)(8)(F)), rapid-rehousing, rental
assistance, transitional housing and permanent supportive housing, must be in
compliance or otherwise aligned with the core components of Housing First, as
described in Welfare and Institutions Code section 8255, subdivision (b). Individuals
and families assisted with these funds must not be required to receive treatment or
perform any other prerequisite activities as a condition for receiving shelter, housing.
or other services for which these funds are used. In addition, HHAP-4 funding shall
be used to adopt a Housing First approach within the entire local homelessness
response system, including outreach and emergency shelter, short-term
interventions like rapid re-housing, and longer-term interventions like supportive
housing.
3) Grantee shall utilize its local Homeless Management Information System (HMIS) to
track HHAP-4-funded projects, services, and clients served. Grantee will ensure that
HMIS data are collected in accordance with applicable laws and in such a way as to
identify individual projects, services, and clients that are supported by HHAP-4
funding (e.g., by creating appropriate HHAP-4-specific funding sources and project
codes in HMIS).
4) Grantee shall participate in and provide data elements, including, but not limited to,
health information, in a manner consistent with federal law, to the statewide
Homeless Management Information System (known as the Homeless Data
Integration System or "HDIS"), in accordance with their existing Data Use
Agreement entered into with the Council, if any, and as required by Health and
Safety Code section 50220.6 and Welfare and Institutions Code section 8256. Any
health information provided to, or maintained within, the statewide Homeless
Management Information System shall not be subject to public inspection or
disclosure under the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code). For purposes of this
paragraph, "health information" means "protected health information," as defined in
Part 160.103 of Title 45 of the Code of Federal Regulations, and "medical
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information," as defined in subdivision 0) of Section 56.05 of the Civil Code. The
Council may, as required by operational necessity, amend or modify required data
elements, disclosure formats, or disclosure frequency. Additionally, the Council, at
its discretion, may provide Grantee with aggregate reports and analytics of the data
Grantee submits to HDIS in support of the Purpose of this Agreement and the
existing Data Use Agreement.
5) Grantee agrees to accept technical assistance as directed by Cal ICH or by a
contracted technical assistance provider acting on behalf of Cal ICH and report to
Cal ICH on programmatic changes the grantee will make as a result of the technical
assistance and in support of their grant goals.
6) Grantee agrees to demonstrate a commitment to racial equity and, per Health and
Safety Code section 50222 (a)(2)(B), the grantee shall use data provided through
HDIS to analyze racial disproportionality in homeless populations and, in partnership
with Cal ICH, establish clear metrics and performance monitoring for achieving
equity in provision of services and outcomes for Black, Native, and Indigenous,
Latinx, Asian, Pacific Islanders and other People of Color who are disproportionately
impacted by homelessness and COVID-19.
7) Grantee should establish a mechanism for people with lived experience of
homelessness to have meaningful and purposeful opportunities to inform and shape
all levels of planning and implementation, including through opportunities to hire
people with lived experience.
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Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4)
Standard Agreement
EXHIBIT E
STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS
This exhibit is incorporated by reference and made part of this agreement. The General
Terms and Conditions (GTC 04/2017) can be viewed at the following link:
https://www dgs ca gov/-/media/Divisions/OLS/Resources/GTC-April-2017-
FINALapril2017 pdf?la=en&hash=3A64979F777D5B9D35309433EE81969FD69052D2
In the interpretation of this Agreement, any inconsistencies between the State of
California General Terms and Conditions (GTC - 04/2017) and the terms of this
Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and
its exhibits/attachments.
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Exhibit B
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 PERIOD: November 1, 2024 - June 30, 2025
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.
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
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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.
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.
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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 during the term of the agreement.
• A minimum of 98% daily bed utilization as measured by HMIS.
• Provide access site services to a minimum of 150 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.
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Exhibit C
COMPENSATION
The Subrecipient will be compensated for performance of its services under this Agreement as provided
in this Exhibit C. The Subrecipient is not entitled to any compensation except as expressly provided in
this Exhibit C.
BUDGET SUMMARY
ORGANIZATION: Poverello House
SERVICES: Triage Center Emergency Shelter Services
COMPLETE TERM: November 1, 2024 - June 30, 2025
CONTRACT TOTAL: $342,005
Budget Categories Amount
Personnel
Salaries
0.10 FTE Chief Programs Officer
0.70 FTE Triage Coordinator
5.00 FTE Intake Specialist/Shelter Monitor
2.00 FTE Navigator/Case Manager
Payroll Taxes
Benefits
Subtotal $291,943
Operations
Program Supplies
Communications
Office Supplies
Subtotal $8,970
Facility Costs
Utilities
Subtotal $10,000
Indirect Costs
Indirect Costs (not to exceed 10% of direct costs claimed)
Subtotal $31,092
Total $342,005
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Exhibit D
INSURANCE REQUIREMENTS
1. Required Policies
Without limiting the County's right to obtain indemnification from the Subrecipient or any third
parties, Subrecipient, at its sole expense, shall maintain in full force and effect the following
insurance policies throughout the term of this Agreement.
(A) Commercial General Liability. Commercial general liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
Coverage must include products, completed operations, property damage, bodily injury,
personal injury, and advertising injury. The Subrecipient shall obtain an endorsement to
this policy naming the County of Fresno, its officers, agents, employees, and volunteers,
individually and collectively, as additional insureds, but only insofar as the operations
under this Agreement are concerned. Such coverage for additional insureds will apply as
primary insurance and any other insurance, or self-insurance, maintained by the County
is excess only and not contributing with insurance provided under the Subrecipient's
policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.
Coverage must include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of
the State of California with statutory limits.
(D) Employer's Liability. Employer's liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for disease.
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
D-1
Exhibit D
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)Subcontractors. The Subrecipient shall require and verify that all subcontractors used
by the Subrecipient to provide services under this Agreement maintain insurance
meeting all insurance requirements provided in this Agreement. This paragraph does not
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Exhibit D
authorize the Subrecipient to provide services under this Agreement using
subcontractors.
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Exhibit E
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).
E-1
Exhibit E
(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:
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