HomeMy WebLinkAboutAgreement A-25-090 HHAP-5 Standard Agreement.pdf SCO ID: 2240-24HHAP 10044
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES Agreement No. 25-090
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(if Applicable)
STD 213(Rev.04/2020) 24-HHAP-10044
1.This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
CONTRACTOR NAME
County of Fresno
2.The term of this Agreement is:
START DATE
Upon HCD approval
THROUGH END DATE
06/30/2029
3.The maximum amount of this Agreement is:
$11,720,018.17(Eleven Million Seven Hundred Twenty Thousand Eighteen Dollars and Seventeen 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 13
Exhibit B Budget Detail and Disbursement Provisions 4
Exhibit C* State of California General Terms and Conditions GTC
04/2017
Exhibit D HHAP General Terms and Conditions 11
+
Exhibit E Special Terms and Conditions 3
TOTAL NUMBER OF PAGES ATTACHED 31
Items shown with an asterisk M,are hereby incorporated by reference and made part of this agreement as if attachedhereto.
These documents can be viewed at hM2s://www.dgs.ca.gov/OLS/Resou=
IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BYTHE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.)
County of Fresno
CONTRACTOR BUSINESS ADDRESS CITY STATE JZIP
205 W Pontiac Way,Clovis,CA 93612 Clovis CA 93612
PRINTED NAME OF PERSON SIGNING TITLE
Ernest Buddy Mendes Chairman, County of Fresno Board of Supervisors
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno,State of California
By Deputy
Page 1 of 2
SCO I D: 2240-24H HAP 10044
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable)
STD 213(Rev.04/2020) 24-HHAP-10044
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Department of Housing and Community Development
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
651 Bannon Street,Suite 400 Sacramento CA 9581 1
PRINTED NAME OF PERSON SIGNING TITLE
Contract Services Section Manager
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable)
Exempt per;SCM Vol. 1 4.04.A.3 QGS memo,dated
06/12/1981)
Page 2of2
County of Fresno
24-HHAP-10044
Page 1 of 31
EXHIBIT A
AUTHORITY, PURPOSE, AND SCOPE OF WORK
1. Authority
This Standard Agreement ("Agreement") is an agreement regarding Homeless
Housing, Assistance, and Prevention Program Round 5 (HHAP-5 or Program)
funds.
A. The State of California established HHAP-5 pursuant to the provisions in
Chapter 6.5 (commencing with Health and Safety Code (HSC) section
50230) of Part 1 of Division 31 of the HSC. (Amended by Stats. 2023, Ch.
40, Sec. 17 (AB 129) effective July 10, 2023).
B. The Program is administered by the California Department of Housing and
Community Development (HCD) in the Business, Consumer Services and
Housing Agency (Agency). HHAP-5 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 HCD grant
funding and support local jurisdictions in their unified regional responses
to reduce and end homelessness.
C. This Standard Agreement/Contract for Funds along with all its exhibits
(Agreement) is entered into by HCD and a Continuum of
Care, a city, or a county (Grantee) under the authority of, and in
furtherance of the purpose of, the Program. In signing this Agreement and
thereby accepting this award of funds, the Grantee agrees to comply with
the terms and conditions of this Agreement, the Notice of Funding
Availability (NOFA) dated September 29, 2023, under which the Grantee
applied, HCD guidance and directives and the requirements appearing in
the statutory authority for the Program cited above.
2. Purpose
HHAP-5 is established for the purpose of organizing and deploying the full array
of homelessness programs and resources comprehensively and effectively, and
to sustain existing federal, state, and local investments towards long-term
sustainability of permanent housing and supportive services. 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
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 2 of 31
EXHIBIT A
individuals and families to maintain their permanent housing; and (2) continue to
build on regional coordination developed through previous rounds of HHAP
funding (See HSC section 50230 et seq.).
HHAP funding shall:
A. Be available to applicants for the purpose of reimbursement for planning
and preparing the Regionally Coordinated Homelessness Action Plans
required for the HHAP-5 application.
B. 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 by fostering robust regional collaboration and strategic
partnerships aimed at fortifying the homeless services and housing
delivery system. This should be achieved through the formulation of data-
driven and cross-system plans designed to allocate resources in
alignment with the state's priorities for homeless housing solutions. This
means implementing strategies that create and sustain regional
partnerships and prioritize permanent housing solutions.
C. Ensure the long-term sustainability of housing and supportive services, by
strategically pairing these funds with other local, state, and federal
resources to effectively reduce and ultimately end homelessness.
Grantees are encouraged to follow the guidance provided in "Putting the
Funding Pieces Together: Guide to Strategic Uses of New and Recent
State and Federal Funds to Prevent and End Homelessness".
D. Demonstrate sufficient resources dedicated to long-term permanent
housing solutions, including capital and operating costs.
E. Demonstrate a commitment to address racial disproportionality in
homeless populations and achieve equitable 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.
F. Establish a mechanism for people with lived experience of homelessness
to have meaningful and purposeful opportunities to inform and shape all
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 3 of 31
EXHIBIT A
levels of planning and implementation, including through opportunities to
hire people with lived experience.
G. Fund projects that provide housing and services that are Housing First
compliant, per HSC section 50234(f), and delivered in a low barrier,
trauma informed, and culturally responsive manner. 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 interim or permanent housing, or other services for which these
funds are used.
H. 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-5 program terms are defined in accordance
with HSC section 50230, subdivisions (A) — (X):
A. "Agency" means the Business, Consumer Services, and Housing Agency.
B. "Applicant" means a Continuum of Care, city, county, or a region for
purposes of the Regionally Coordinated Homelessness Action Plan
requirements pursuant to this chapter.
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
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 4 of 31
EXHIBIT A
coordinated assessment system shall cover the geographic area, be
easily accessed by individuals and families seeking housing or services,
be well advertised, and include a comprehensive and standardized
assessment tool.
F. "Regionally Coordinated Homelessness Action Plan" means the regionally
coordinated homelessness action plan described in Section 50233.
G. "Council" means the associated staff within the Interagency Council on
Homelessness, formerly known as the Homeless Coordinating and
Financing Council created pursuant to Section 8257 of the Welfare and
Institutions Code.
H. "Department" means the Department of Housing and Community
Development.
I. "Emergency shelter" has the same meaning as defined in subdivision (e)
of Section 50801.
J. "Grantee" means an eligible applicant that has received its initial Round 5
base allocation or total Round 5 base allocation, as applicable.
K. "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.
L. "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.
M. "Homeless point-in-time count" means the most recently available point-in-
time count data as reflected in the Annual Homeless Assessment Report
released by the United States Department of Housing and Urban
Development.
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 5 of 31
EXHIBIT A
N. "Homeless youth" means an unaccompanied youth between 12 and 24
years of age who is experiencing homelessness, as defined in Section
725(2) 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.
O. "Housing First" has the same meaning as in Section 8255 of the Welfare
and Institutions Code, including all of the core components listed therein.
P. "Jurisdiction" means a city, county, Continuum of Care, or tribe, as defined
in this section.
Q. "Memorandum of Understanding" has the same meaning as defined in
subdivision (f) of Section 50233.
R. "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.
S. "Program" means Round 5 of the Homeless Housing, Assistance, and
Prevention program, or Round 5, established pursuant to this chapter.
T. 1) "Base program allocation" means the portion of program funds
available to expand or develop local capacity to address immediate
homelessness challenges pursuant to the allowable uses specified
in Section 50236.
2) "Homekey supplemental allocation" means the portion of program
funds available to eligible jurisdictions as supplementary Homekey
resources, as defined in Section 50237.
U. "Recipient" means a jurisdiction that receives funds from HCD for the
purposes of the program.
V. 1) Except as set forth in paragraph 2) below, "region" means the
geographic area served by a county, including all cities and
Continuum of Care within it. A region that has a Continuum of Care
that serves multiple counties may submit a plan that covers multiple
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 6 of 31
EXHIBIT A
counties and the cities within them, or the Continuum of Care may
participate in the Regionally Coordinated Homelessness Action
Plan of each individual county that is part of the Continuum of Care
along with the cities within the county.
2) All Continuums of Care within the County of Los Angeles shall be
considered part of a single region, along with the county and big
cities within the county.
W. "Small jurisdiction" means a city that is under 300,000 in population as of
January 1, 2022, according to data published on the internet website of
the Department of Finance.
X. "Tribe" or "tribal applicant" means a federally recognized tribal government
pursuant to Section 4103 of Title 25 of the United States Code that is
located in California.
Additional definitions for the purposes of the HHAP-5 program:
Allocations:
"Initial HHAP-5 Base Allocation": fifty percent (50%) of the eligible city, county, or
Continuum of Care's HHAP-5 allocation.
"HHAP-5 Planning Allocation": one hundred percent (100%) of the eligible city,
county, or Continuum of Care's HHAP Round 5 planning allocation.
"Initial Supplemental Funding Allocation": one hundred percent (100%) of the
eligible city, county, or Continuum of Care's share of the one hundred ($100)
million Supplemental Allocation.
"Remainder Disbursement": the remaining fifty percent (50%) of the eligible city,
county, or Continuum of Care's HHAP- 5 base allocation.
"Obligate": means that the Grantee has placed orders, awarded contracts,
received services, or entered into similar transactions that require payment using
HHAP-5 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.
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-H HAP-10044
Page 7 of 31
EXHIBIT A
"Expended": means all HHAP-5 funds obligated under contract or subcontract
have been fully paid and receipted, and no invoices remain outstanding.
4. Scope of Work
A. The Scope of Work ("Work") for this Agreement shall include uses that
are consistent with HSC section 50234, subdivision (a) (1), and section
50236, and any other applicable laws.
B. HHAP-5 Planning Allocation funds are for the purpose of planning for and
preparing the Regionally Coordinated Homelessness Action Plan required
as part of the HHAP-5 regional application. Any Planning Allocation funds
that are not spent on the preparation of the HHAP-5 application must be
expended consistent with the purpose and requirements of the HHAP-5
program, as described below.
C. Provided that before proposing to use HHAP-5 resources to fund new
interim housing solutions, the applicant first demonstrates that the region
has dedicated sufficient resources from other sources to long-term
permanent housing solutions, including capital and operating costs,
allowable uses of HHAP-5 base program allocation funds include all of the
following:
1) Permanent housing solutions, including all of the following:
a) Rental subsidies, including to support placement of
individuals in Community Assistance, Recovery and
Empowerment (CARE) Court.
b) Landlord incentives, such as security deposits, holding fees,
funding for needed repairs, and recruitment and relationship
management costs.
c) Move-in expenses.
d) Operating subsidies in new and existing affordable or
supportive housing units serving people experiencing
homelessness, including programs such as Homekey, new
or existing residential care facilities, funded by the
Behavioral Health Continuum Infrastructure Program or the
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 8 of 31
EXHIBIT A
Community Care Expansion Program. Operating subsidies
may include operating reserves.
e) Homelessness prevention through rental assistance, rapid
rehousing, and other programs, so long as they prioritize
households at imminent risk of homelessness or households
with incomes at or below thirty percent (30%) of the area
median income, who pay more than fifty percent (50%) of
their income in housing costs, and who meet criteria for
being at highest risk of homelessness through data-informed
criteria.
f) Problem-solving and diversion support programs that
prevent people at risk of or recently experiencing
homelessness from entering unsheltered or sheltered
homelessness.
g) Services for people in permanent housing, so long as the
services are trauma-informed and practice harm reduction,
to include intensive case management services, assertive
community treatment services, critical time intervention
services, other tenancy support services, evidence-based
employment services, coordinating mental health, substance
use, and primary care treatment, or other evidence-based
supportive services to increase housing retention.
h) Capital for permanent housing that serves people
experiencing homelessness, including conversion of
underutilized buildings or existing interim or transitional
housing into permanent housing.
2) Interim housing solutions, including all of the following:
a) Navigation centers that are low barrier, as defined in
Sections 65660 and 65662 of the Government Code, to
include any of the following:
b) Operating expenses in existing congregate shelter sites.
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 9 of 31
EXHIBIT A
c) Operating expenses in new or existing non-congregate
shelter sites and transitional housing for youth.
d) Motel or hotel vouchers.
e) Services provided to people in interim housing, to include
trauma-informed and evidence-based intensive case
management services, housing navigation, connecting
people to substance use or mental health treatment, public
benefits advocacy, and other supportive services to promote
stability and referral into permanent housing.
f) Capital funding to build new non-congregate shelter sites,
including for construction, rehabilitation, and capital
improvements to convert existing congregate sites into non-
congregate sites.
g) Capital funding for clinically enhanced congregate or non-
congregate shelter sites.
h) Youth-focused services in transitional housing.
3) Service provisions and systems support including all of the
following:
a) Services for people experiencing unsheltered homelessness,
including street outreach, including, but not limited to,
persons experiencing homelessness from encampment sites
and those transitioning out of encampment sites funded by
the program known as the Encampment Resolution Funding
Grant consistent with HSC Section 50251 to access
permanent housing and services. This includes evidence-
based engagement services, intensive case management
services, assertive community treatment, housing
navigation, harm reduction services, coordination with street-
based health care services, and hygiene services for people
living in encampments and unsheltered individuals.
b) Services coordination, which may include access to
workforce, education, and training programs, or other
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 10 of 31
EXHIBIT A
services needed to promote housing stability in supportive
housing.
c) 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.
d) Improvements to existing emergency shelters to lower
barriers and increase privacy.
e) Any new interim sheltering funded by Round 5 funds must
be low-barrier, comply with Housing First practices 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.
4) In addition to the eligible uses described above, the Grantee's
expenditure of its entire HHAP-5 Base Allocation must also comply
with the following:
a) At least ten percent (10%) of the funds shall be spent on
services for homeless youth populations.
b) Not more than seven percent (7%) 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.
Grantee shall perform the work only in the areas as identified, and in accordance
with any guidance from HCD.
5) Contract Coordinator
HCD's Contract Coordinator for this Agreement is HCD's Grants Program Design
Section Chief or their designee. Unless otherwise instructed, any notice, report,
or other communication requiring an original Grantee signature for this
Agreement shall be sent to the HCD Contract Coordinator electronically.
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-H HAP-10044
Page 11 of 31
EXHIBIT A
The Representatives during the term of this Agreement will be:
PROGRAM GRANTEE
California Department of Housing
ENTITY: & Community Development County of Fresno
SECTION/UNIT: Policy and Program Support
ADDRESS: 651 Bannon St SW, Suite 400 205 W Pontiac Way,
Sacramento, CA, 95811 Clovis, CA 93612
CONTRACT
COORDINATOR Jeannie McKendry Cynthia Witrago Cardenas
PHONE
NUMBER: (916) 490-9589 (559) 600-2778
EMAIL HPDHomelessnessGrants(a�hcd.ca.gov witrac(aD-fresnocountyca.gov
ADDRESS: Jeannie.McKendry(aD-hcd.ca.gov
All requests to update the Grantee information listed within this Agreement shall
be emailed to the HPD Homelessness Grants general email box at
HPDHomelessnessGrants(a).hcd.ca.gov. HCD reserves the right to change their
representative and/or contact information at any time with notice to the Grantee.
6) Effective Date, Term of Agreement, and Deadlines
A. This Agreement is effective upon approval by HCD (indicated by the
signature provided by HCD in the lower left section of page one, Standard
Agreement, STD. 213), and when signed by all parties. Funds will be
disbursed in accordance with Section 4 of Exhibit B.
B. This Agreement shall terminate on June 30, 2029.
C. On or before January 1, 2026, a Grantee shall submit to the Department
an updated Regionally Coordinated Homelessness Action Plan, which
shall include updates on the metrics and key actions to improve these
metrics, which shall be reviewed and approved by HCD pursuant to HSC
50235 subdivision (h). A Grantee shall contractually obligate no less than
seventy-five percent (75%) and shall expend no less than fifty percent
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 12 of 31
EXHIBIT A
(50%) of their initial fifty percent (50%) HHAP-5 base allocation
disbursement by June 30, 2026. This excludes both the HHAP-5 planning
and Initial Supplemental Allocations. Upon demonstration by a recipient
Grantee that it has complied with both of these requirements, the
Department shall disburse to that recipient the remaining fifty percent
(50%) of its HHAP-5 base allocation pursuant to HSC Section 50235.
1) Grantee will demonstrate compliance with these obligation and
expenditure requirements through monthly fiscal reports and by
completing a certification documentation in the form and manner
provided by HCD.
D. If a Grantee has obligated less than seventy-five percent (75%) or
expended less than fifty percent (50%) of their initial fifty percent (50%)
HHAP-5 base allocation by June 30, 2026, the Grantee shall not
contractually obligate or expend any remaining portion of its initial HHAP-5
base allocation, and HCD shall not allocate to the recipient the remaining
fifty percent (50%) of its HHAP-5 base allocation, unless both of the
following occur:
1) On or before June 30, 2026, the Grantee submits an alternative
disbursement plan to HCD that includes an explanation for the
delay.
2) HCD approves the alternative disbursement plan.
If a Grantee does not satisfy these requirements, HCD shall have the
discretion to allocate the unused funding in a manner prescribed by HCD.
If the funds identified in the approved alternative disbursement plan are
not fully expended by December 31, 2027, the funds shall be returned to
HCD to be allocated as supplemental awards in accordance with Health
and Safety Code Section 50237.
E. All HHAP-5 funds, including base allocations, planning allocations, and
supplemental funding, shall be expended by June 30, 2028.
F. Any funds, including planning allocations and supplemental funding, not
expended by June 30, 2028, shall revert to, and be paid and deposited in,
the General Fund pursuant to Health and Safety Code section 50235
subdivision (m).
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-H HAP-10044
Page 13 of 31
EXHIBIT A
G. HCD may request additional information from applicants, as needed, to
meet other applicable reporting or audit requirements.
7) Capacity and Authority to Contract
A. By signing this Agreement, the Grantee is certifying that it has the capacity
and authority to fulfill the obligations enumerated in this agreement. The
Grantee further represents that it is authorized to execute this Agreement.
B. Each person executing this Agreement on behalf of an entity, other than
an individual executing this Agreement on their own behalf, represents
that they are authorized to execute this Agreement on behalf of said entity.
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 14 of 31
EXHIBIT B
BUDGET DETAIL AND DISBURSEMENT PROVISIONS
1. Payee
Name: County of Fresno Amount: $ 11,720,018.17
2. Budget Detail & Changes
A. The Grantee agrees that HHAP-5 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.
B. The Grantee shall expend the HHAP-5 funds on eligible activities
as detailed in HSC 50234, subdivision (a)(1)(A) and 50236 and as
described in the grantees latest approved HHAP-5 funding plan.
C. Any changes to the Grantee's budget must be approved in writing by HCD
prior to incurring expenses.
3. General Conditions Prior to Disbursement
A. All Grantees must submit the following forms prior to this HHAP-5
allocation being released:
1) Request for Funds Form ("RFF").
2) STD 213 Standard Agreement form and Exhibits A through E.
3) STD 204 Payee Data Record or Government Agency Taxpayer ID
Form.
4. Disbursement of Funds
A. Initial Disbursement
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 15 of 31
EXHIBIT B
1) The Initial Disbursement of the HHAP-5 allocation includes the
initial HHAP-5 base allocation, HHAP-5 planning allocation, and
initial supplemental allocation. These funds will be disbursed to the
Grantee upon receipt, review and approval of the completed
Standard Agreement and RFF by HCD.
2) The Initial disbursement of HHAP-5 funds will be disbursed in one
allocation, and issued to the Grantee, identified on the Payee Data
Record Form or Government Agency Taxpayer ID Form.
B. Remainder Disbursement
1) HCD will disburse the remaining fifty percent (50%) of HHAP-5
base allocation upon demonstration by a Grantee that it has
complied with the requirement to contractually obligate and expend
a minimum amount of its initial Round 5 base allocation, as
described below, and receives approval for the submitted Updated
Regionally Coordinated Homelessness Action Plan that includes
updates on measures and illustrates the advancement of key
actions outlined in the original Regionally Coordinated Action Plan
to improve those measures, as outlined in Section 50235(h).
a) A Grantee shall contractually obligate no less than seventy-
five percent (75%) and shall expend no less than fifty
percent (50%) of their initial fifty percent (50%) HHAP-5 base
allocation by June 30, 2026. This excludes both the HHAP-5
planning allocation and the supplemental allocation. Upon
demonstration by a grantee that it has complied with this
requirement and receives approval for the submitted Updated
Regionally Coordinated Homelessness Action Plan, HCD
shall disburse to that recipient the remaining fifty percent
(50%) of its HHAP-5 program allocation pursuant to Section
50234.
b) If a Grantee has obligated less than seventy-five percent
(75%) or expended less than fifty percent (50%) of their
initial fifty percent (50%) HHAP-5 program allocation by June
30, 2026, the Grantee shall not contractually obligate or
expend any remaining portion of its initial HHAP-5 program
allocation, and HCD shall not allocate to the recipient the
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 16 of 31
EXHIBIT B
remaining fifty percent (50%) of its HHAP-5 program
allocation, unless both of the following occur:
i. On or before June 30, 2026, the Grantee submits an
alternative disbursement plan to HCD that includes an
explanation for the delay.
ii. HCD approves the alternative disbursement plan. If
HCD cannot approve an alternative disbursement
plan, HCD will provide the Grantee with guidance on
the revisions needed in order to approve the
alternative disbursement plan.
c) HCD may withhold the remaining fifty percent (50%) of
HHAP-5 program allocation funds from a jurisdiction that
repeatedly failed to take action as specified in its Regionally
Coordinated Homelessness Action Plan, or that took actions
adverse to achieving the plan objectives provided pursuant
to Section 50233, until such time the jurisdiction
demonstrates to HCD they are in substantial compliance
with the requirements of HSC 50235 subdivision (h).
5. Expenditure of Funds
All HHAP-5 funds must be spent consistent with the intent of the Program and
the eligible uses identified in HSC section 50234, subdivision (a)(1)(A) and 50236
and in alignment with the Grantee's latest, approved funding plan.
6. Ineligible Costs
A. HHAP-5 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 HSC section 50234, subdivision
(a)(1)(A) and 50236.
B. HCD 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-5 funds to pay for ineligible activities, the Grantee shall be required
to reimburse these funds to HCD.
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 17 of 31
EXHIBIT B
C. An expenditure which is not authorized by this Agreement, or by written
approval of the Contract Coordinator or his/her designee, or which cannot
be adequately documented, shall be disallowed and must be immediately
repaid to HCD by the Grantee. A Grantee shall be prohibited from
applying for future HHAP funds until they have repaid these funds to HCD.
HCD, at its sole and absolute discretion, shall make the final determination
regarding the allowability of HHAP-5 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.
E. Program funds shall not be used to supplant existing Encampment
Resolution Funding Grant funds provided under HSC section 50251.
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 18 of 31
EXHIBIT D
HHAP GENERAL TERMS AND CONDITIONS
1. Termination and Sufficiency of Funds
A. Termination of Agreement
HCD 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 D; violation
of any federal or state laws; or withdrawal of HCD's expenditure
authority. Upon termination of this Agreement, unless otherwise approved
in writing by HCD, any unexpended funds received by the Grantee shall
be returned to HCD within thirty (30) days of HCD's notice of termination.
B. Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made
available to HCD 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 D Section 12 (Special Conditions —
Grantees/Sub Grantee) or with the prior written approval of HCD and a formal
amendment to this Agreement to affect such subcontract or novation.
3. Grantee's Application for Funds
Grantee has submitted to HCD an application for HHAP-5 funds to support
regional coordination and expand or develop local capacity to
address its immediate homelessness challenges. HCD 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
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 19 of 31
EXHIBIT D
requested through the formal HHAP Budget Modification Request Process and
are subject to approval by HCD.
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 HCD approval, disbursement, or monitoring of the funding
and the grants or activities governed by this Agreement, then HCD may declare a
breach of this Agreement and take such action or pursue such remedies as
are legally available.
4. Reporting/Audits
A. Reporting Requirements
1) Annual Report: Grantees will be responsible for submitting an
annual report no later than April 1 each year following the receipt of
funds until all funds are fully expended. The annual report will
contain detailed information on program activities in accordance
with HSC sections 50221, 50222, and 50223, and be submitted in
the form and method provided by HCD. The annual report must
provide information on activities through the prior calendar,
including, but not limited to, an ongoing tracking of the specific uses
and expenditures of any program funds broken out by eligible uses,
as well as any additional information HCD deems appropriate or
necessary.
2) Monthly Fiscal Report: Grantees will be responsible for submitting a
monthly fiscal report in accordance with HSC section 50223, in the
form and method provided by HCD. The monthly fiscal report must
provide information, including but not limited to, the obligation and
expenditure status of the program funds by eligible uses category.
3) Final Report: Grantees will be responsible for submitting a final
report in accordance with HSC section 50223 no later than April 1,
2029, and must be submitted in the form and method provided by
HCD. The final report must provide information, including but not
limited to, detailed uses of all program funds.
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 20 of 31
EXHIBIT D
4) HMIS/HDIS Reporting: Grantees and 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), and that
data must be shared quarterly with the statewide Homeless Data
Integration System (HDIS). As part of reporting responsibilities in
accordance with HSC sections 50221, 50222, and 50223, Grantees
must ensure proper recording of activities associated with these
program funds. This is intended to efficiently capture many of the
non-fiscal reporting responsibilities required under HSC sections
50221, 50222, and 50223. HCD will make efforts to utilize
statewide Homeless Data Integration System to fulfill grantee
reporting requirements under HSC sections 50221, 50222, and
50223, however improper reporting into that system may require
HCD to seek additional information directly from Grantees.
Grantees may also be required to accept training and technical
assistance in this area if their HMIS/HDIS is not properly tracked
and shared.
5) HCD may require additional supplemental reporting with written
notice to the Grantee.
6) Grantee may, at their discretion, fully expend their HHAP-5
allocation prior to the end date of the grant term and will not be
required to submit monthly fiscal reports after the month in which
their allocation was fully expended.
B. Auditing
HCD reserves the right to perform or cause to be performed a financial
audit. At HCD's request, the Grantee shall provide, at its own expense, a
financial audit prepared by a certified public accountant. HHAP-5
administrative funds may be used to fund this expense. Should an audit
be required, the Grantee shall adhere to the following conditions:
1) The audit shall be performed by an independent certified public
accountant.
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 21 of 31
EXHIBIT D
2) The Grantee shall notify HCD of the auditor's name and address
immediately after the selection has been made. The contract for the
audit shall allow access by HCD to the independent auditor's
working papers.
3) The Grantee is responsible for the completion of audits and all
costs of preparing audits.
4) If there are audit findings, the Grantee must submit a detailed
response acceptable to HCD for each audit finding within ninety
(90) days from the date of the audit finding report.
5. Inspection and Retention of Records
A. Record Inspection
HCD 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
HCD, or its designee, with any relevant information requested. The
Grantee agrees to give HCD or its designee access to its premises, upon
reasonable notice and during normal business hours, for the purpose of
interviewing employees who might reasonably have information related to
such records, and of inspecting and copying such books, records,
accounts, and other materials that may be relevant to
an investigation of compliance with the Homeless Housing, Assistance,
and Prevention Program laws, the HHAP-5 program guidance document
published on the website, and this Agreement.
In accordance with HSC section 50220.8, subdivision (m), if upon
inspection of records HCD identifies noncompliance with grant
requirements, HCD 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.
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-H HAP-10044
Page 22 of 31
EXHIBIT D
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-5 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
Division 10 (commencing with Section 7920.000) of Title 1 of the
Government Code.
6. Breach and Remedies
A. Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following
events:
1) Grantee's failure to comply with the terms or conditions of this
Agreement.
2) Use of, or permitting the use of, HHAP-5 funds provided under this
Agreement for any ineligible activities.
3) 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 HCD in law or
equity for breach of this Agreement, HCD may:
1) Bar the Grantee from applying for future HHAP funds.
2) Revoke any other existing HHAP award(s) to the Grantee.
3) Require the return of any unexpended HHAP-5 funds disbursed
under this Agreement.
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 23 of 31
EXHIBIT D
4) Require repayment of HHAP-5 funds disbursed and expended
under this Agreement.
5) Require the immediate return to HCD of all funds derived from the
use of HHAP-5 funds.
6) 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-5 requirements.
C. All remedies available to HCD are cumulative and not exclusive.
D. HCD may give written notice to the Grantee to cure the breach or
violation within a period of not less than fifteen (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 HCD 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 HCD to
enforce these provisions.
8. Nondiscrimination
During the performance of this Agreement, the 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
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 24 of 31
EXHIBIT D
Government Code (Gov. Code, §§ 11135 - 11139.5). Grantee and
its subrecipients shall give written notice of their obligations under this clause to
labor organizations with which they have a collective bargaining or other
agreement.
9. Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. For
instance, HSC 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 (2) 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 (12) 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 (12) month period prior to his or
her leaving State service.
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 25 of 31
EXHIBIT D
C. Employees of the Grantee: Employees of the Grantee shall comply with all
applicable provisions of law pertaining to conflicts of interest, including but
not limited to any applicable conflict of interest provisions of the Political
Reform Act of 1974 (Gov. Code, § 81000 et seq.).
D. Representatives of a County: A representative of a county serving on a
board, committee, or body with the primary purpose of administering funds
or making funding recommendations for applications pursuant to this
chapter shall have no financial interest in any contract, program, or project
voted on by the board, committee, or body on the basis of the receipt of
compensation for holding public office or public employment as a
representative of the county.
10. Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies,
under penalty of perjury under the laws of State of California, that it and its
subrecipients will comply with the requirements of the Drug-Free Workplace Act
of 1990 (Gov. Code, 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:
1) The dangers of drug abuse in the workplace.
2) Grantee's policy of maintaining a drug-free workplace.
3) Any available counseling, rehabilitation, and employee
assistance program; and
4) Penalties that may be imposed upon employees, Grantees, and
subrecipients for drug abuse violations.
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-H HAP-10044
Page 26 of 31
EXHIBIT D
B. Provide, as required by Government Code section 8355,
subdivision (a)(3), that every employee and/or subrecipient that works
under this Agreement:
1) Will receive a copy of Grantee's drug-free policy statement, and
2) Will agree to abide by terms of Grantee's condition of
employment or subcontract.
11. Child Support Compliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges
in accordance with Public Contract Code 7110, that:
A. The Grantee recognizes the importance of child and family support
obligations and shall fully comply with all applicable state and federal laws
relating to child and family support enforcement, including, but not limited
to, disclosure of information and compliance with earnings assignment
orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
B. The Grantee, to the best of its knowledge is fully complying with the
earnings assignment orders of all employees and is providing the names
of all new employees to the New Hire Registry maintained by the
California Employment Development Department.
12. Special Conditions — Grantees/Subgrantee
The Grantee agrees to comply with all conditions of this Agreement including
the Special Conditions set forth in Exhibits C and D. These conditions shall be
met to the satisfaction of HCD 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-5 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:
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 27 of 31
EXHIBIT D
1) Perform the work in accordance with Federal, State and Local
housing and building codes, as applicable.
2) Maintain at least the minimum State-required worker's
compensation for those employees who will perform the work or
any part of it.
3) 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.
4) Agree to include all the terms of this Agreement in each
subcontract.
B. The Grantee shall monitor the activities of all subgrantees to ensure
compliance with all requirements under the HHAP program.
As requested by HCD, the Grantee shall provide to HCD all monitoring
documentation necessary to ensure that Grantee and its subgrantees are
in continued compliance with HHAP requirements. Such documentation
requirements shall be provided by HCD when the information is
requested.
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, land use, homelessness,
housing element, fair housing, and all other matters applicable and/or related to
the HHAP-5 program, the Grantee, its subrecipients, and all eligible activities.
The 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. The 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,
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 28 of 31
EXHIBIT D
environmental protection, procurement, and safety laws, rules, regulations, and
ordinances. The Grantee shall provide copies of permits and approvals to HCD
upon request.
14. Inspections
A. The 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. HCD 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. The 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 HCD, shall not affect any other provisions of this Agreement
and the Initial terms 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 HCD immediately of any claim or action
undertaken by or against it, which affects or may affect this Agreement
or HCD, 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 HCD.
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 29 of 31
EXHIBIT E
SPECIAL TERMS AND CONDITIONS
1. All proceeds from any interest-bearing account established by the Grantee for
the deposit of HHAP-5 funds, along with any interest-bearing accounts opened
by subrecipients to the Grantee for the deposit of HHAP-5 funds, must be used
for HHAP-5-eligible activities. Grantees must maintain records of all expenditures
of the proceeds from these interest-bearing accounts for five (5) years and report
on these expenditures as required by HCD. HCD reserves the right to perform or
cause to be performed a financial audit on the use of proceeds from interest-
bearing accounts.
2. Per HSC section 50234 subdivision (f), any housing-related activities funded
with HHAP-5 funds, including but not limited to emergency shelter (per HSC
section 50236 subdivision (c)(3)(E), 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-5
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. The Grantee shall utilize its local Homeless Management Information System
(HMIS) to track HHAP-5-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-5 funding (e.g., by creating appropriate HHAP-5-specific
funding sources and project codes in HMIS).
4. The Grantee shall participate in and provide data elements, including, but not
limited to, health information, in a manner consistent with federal law, to the
HMIS in accordance with their existing Data Use Agreements, and as required by
HSC sections 50234(b) and 50220.6 and Welfare and Institutions Code section
8256. Any health information provided to, or maintained within, the Homeless
Management Information System, or the State Homeless Data Integration
System (HDIS), which compiles all HMIS data into a statewide data warehouse,
shall not be subject to public inspection or disclosure under the California Public
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 30 of 31
EXHIBIT E
Records Act. For purposes of this paragraph, "health information" means
"protected health information," as defined in Part 160.103 of Title 45 of the Code
of Federal Regulations, and "medical information," as defined in subdivision 0) of
Section 56.05 of the Civil Code. HCD may, as required by operational necessity,
amend or modify required data elements, disclosure formats, or disclosure
frequency. Additionally, HCD, 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. The Grantee agrees to accept technical assistance as directed by HCD or by a
contracted technical assistance provider acting on behalf of HCD and report to
HCD on programmatic changes the grantee will make as a result of the technical
assistance and in support of their grant goals.
6. The Grantee agrees to demonstrate a commitment to racial equity and, per HSC
section 50222 subdivision (a)(2)(B), the grantee shall use data provided through
HDIS to analyze racial disproportionality in homeless populations and, in
partnership with HCD, 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. The 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.
8. HCD reserves the right to add any special conditions to this Agreement it deems
necessary to ensure that the goals of the Program are achieved.
9. The Department represents that the intent of Exhibit D Section 1(B) is only to
preserve the legislature's ability to make changes to appropriations and matters
that are lawfully subject to change through the Budget Act. The Department
represents and warrants that as of the date of this Agreement the non-bond
funds referenced in Homeless Housing, Assistance and Prevention Program,
Round 5 Notice of Funding Availability dated September 29, 2023 for this
Agreement are appropriated to and available for the purposes of this Agreement,
and further, that upon execution of this Agreement said funds are deemed
allocated to and encumbered for the purposes described in this Agreement and
shall not be terminated or reduced as a result of Exhibit D Section 1(B) once
construction has commenced in compliance with Program requirements and in
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
County of Fresno
24-HHAP-10044
Page 31 of 31
EXHIBIT E
accordance with the construction commencement requirements within this
Agreement. If not continuously appropriated, said funds must still be disbursed
prior to any applicable disbursement or expenditure deadline set forth in this
Agreement.
Program Name: Homeless Housing, Assistance, and Prevention Program
Round 5 "HHAP-5"
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
FOR ACCOUNTING USE ONLY:
SRF Org: 1132 Homeless Services
Fund: 0065
Subclass: 17237
Account: 3575-State Other