HomeMy WebLinkAboutM-22-612 - DBH HHAP MOU Amendment I.pdf I AMENDMENT I TO MEMORANDUM OF UNDERSTANDING
2 THIS AMENDMENT, hereinafter referred to as Amendment I, is made and entered into this 18tn
3 day of June, 2025 by and between the DEPARTMENT OF SOCIAL SERVICES, a Political
4 Subdivision of the State of California, hereinafter referred to as "DSS," and the DEPARTMENT OF
5 BEHAVIORAL HEALTH, hereinafter referred to as "DBH" both separate departments of the
6 COUNTY OF FRESNO "COUNTY".
7 RECITALS:
8 WHEREAS, the parties entered into that certain Agreement, identified as COUNTY
9 Memorandum of Understanding "MOU" No. M-22-612, effective February 15, 2023, whereby DBH
10 agreed to oversee outreach, engagement, and linkage services provided by Kings View Corporation
11 (Kings View);
12 WHEREAS, DSS had additional street outreach funding and a need to extend the MOU for an
13 additional year and increase the compensation to fund Outreach Workers in the third and fourth year;
14 and
15 WHEREAS, the parties desire to amend the MOU regarding changes as stated below.
16 NOW, THEREFORE, in consideration of their mutual promises, covenants and conditions,
17 hereinafter set forth, the sufficiency of which is acknowledged, the parties agree as follows:
18 1. That the existing COUNTY MOU No. M-22-612, Page Two (2), Section One (1)
19 beginning with Line One (1), with the number 1" and ending on Page Three (3), Line Six (6) with the
20 word "writing," be deleted and the following inserted in its place:
21 1. OBLIGATIONS
22 A. DBH shall contract all services as set forth in Revised Exhibit A, Scope of Work,
23 attached hereto and incorporated herein by this reference.
24 B. DBH shall contract for specified services and activities pursuant to the program
25 expenses detailed in Revised Exhibit B, Budget Summary, attached hereto and incorporated herein
26 by this reference.
27 C. The COUNTY has entered into an agreement with the State of California-for
28 Homeless Housing, Assistance and Prevention (HHAP)-1 grant funds awarded to the COUNTY
1 - COUNTY OF FRESNO
Fresno,CA
I (Agreement No. 20-HHAP-00096), a copy of which is attached hereto as Exhibit C and is
2 incorporated herein by this reference. Services provided
3 by DBH under this MOU shall be funded in part of HHAP-1 funding allocated to the COUNTY and,
4 therefore, DBH shall be aware of, agree to, and comply with all State requirements governing the use
5 of HHAP-1 funds; and all conditions in Exhibit C. Failure to comply with these requirements and
6 conditions may result in termination of this MOU pursuant to Section Three (3) of this MOU.
7 D. The COUNTY, as the Administrative Entity for HHAP-2 grant funds awarded to
8 the Fresno Madera Continuum of Care (FMCoC), has entered into an agreement with the State of
9 California for HHAP-2 funding (Agreement No. 21-HHAP-00064), a copy of which is attached hereto
as Exhibit D and is incorporated herein by this reference. Services provided by DBH under this MOU
10 shall be funded with HHAP-2 funding and, therefore, DBH shall be aware of, agree to, and comply
11 with all State requirements governing the use of HHAP-2 funds; and all conditions in Exhibit D.
12 Failure to comply with these requirements and conditions may result in termination of the MOU
13 pursuant to Section Three (3) of this MOU.
14 E. The COUNTY, as the Administrative Entity for the HHAP-3 grant funds awarded
15 to the COUNTY and the FMCoC, has entered into an agreement with the State of California for
16 HHAP-3 funding (Agreement No. 22-HHAP-10015), a copy of which is attached hereto as Exhibit E
17 and is incorporated herein by this reference. Services provided by DBH under this MOU shall be
18 funded by HHAP-3 funding and therefore, DBH shall be aware of, agree to, and comply with all State
19 requirements governing the use of HHAP-3 funds; and all conditions in Exhibit E. Failure to comply
20 with these requirements and conditions may result in termination of the MOU pursuant to Section
21 Three (3) of this MOU.
22 F. The COUNTY, as the Administrative Entity for the HHAP-4 grant funds awarded
23 to the COUNTY and the FMCoC, has entered into an agreement with the State of California for
24 HHAP-4 funding (Agreement No. 23-HHAP-10021), a copy of which is attached hereto as Exhibit F
25 and is incorporated herein by this reference. Services provided by DBH under this MOU shall be
26 funded by HHAP-4 funds; and therefore, DBH shall be aware of, agree to, and comply with all State
27 requirements governing the use of HHAP-4 funds; and all conditions in Exhibit F. Failure to comply
28 with these requirements and conditions may result in termination of the MOU pursuant to Section
Three (3) of this MOU.
2 _ COUNTY OF FRESNO
Fresno,CA
I G. DSS may request additional services from DBH, which are not otherwise
2 provided in this MOU, which DBH, at its sole discretion, may choose to provide. If DBH is unable to
3 provide said additional services to DSS when requested, DBH shall immediately notify DSS.
4 Compensation for any such additional services shall be mutually agreed upon and provided within the
5 scope of this MOU as determined by the DBH Director, or designee and DSS Director or designee,
6 unless DBH and DSS agree otherwise in writing."
7 2. That the existing COUNTY MOU No. M-22-612, Page Three (3), Section Two (2)
8 beginning with Line Seven (7), with the number"2" and ending on Line Nine (9) with the number
9 "2025,", be deleted and the following inserted in its place:
10 "2. TERM
11 The term of this MOU shall commence on July 1, 2022 through and including June 30,
12 2026."
13 3. That the existing COUNTY MOU No. M-22-612, Page Three (3), Section Four (4),
14 beginning with Line Twenty-One (21), with the number 'A" and ending on Page Four (4), Line Sixteen
15 (16) with the word "days," be deleted and the following inserted in its place:
16 "4. COMPENSATION
17 For actual services provided pursuant to the terms of this MOU, DSS agrees to pay DBH
18 and DBH agrees to receive compensation in accordance with the Revised Exhibit B, Budget
19 Summary.
20 In no event shall compensation paid for services performed under this MOU be in
21 excess of One Million One Hundred Forty-Eight Thousand Six Hundred Eighty-Seven and 85/100
22 Dollars ($1,148,687.85) during the term of this MOU.
23 For the period of July 1, 2022 to June 30, 2023, in no event shall compensation paid for
24 services performed under this MOU be in excess of Three Hundred Thirty-Six Thousand One
25 Hundred Eighty-Three and 27/100 Dollars ($336,183.27); For the period of July 1, 2023 to June 30,
26 2024, in no event shall compensation paid for services performed under this MOU be in excess of
27 Four Hundred Seventy-Three Thousand One Hundred Eighteen and 51/100 Dollars ($473,118.51);
28 For the period of July 1, 2024 to June 30, 2026, in no event shall compensation paid for services
3 _ COUNTY OF FRESNO
Fresno,CA
I performed under this MOU be in excess of Three Hundred Thirty-Nine Thousand Three Hundred
2 Eighty-Six and 07/100 Dollars ($339,386.07);
3 It is understood that all expenses incidental to DBH performance of services under this
4 MOU shall be born of DBH, including but not limited to any and all personnel, equipment, and
5 supplies required in the performance of these services. If DBH should fail to comply with any
6 provision of the MOU, DSS shall be relieved of its obligation for further compensation. Any
7 compensation which is not expended by DBH pursuant to the terms and conditions of this MOU shall
8 automatically revert to DSS.
9 The services provided by DBH under this MOU are funded in whole or in part by the State of
10 California and the United States Federal government. In the event that funding for these services is
11 delayed by the State controller or the Federal government, DSS may defer payment to DBH. The
12 amount of the deferred payment shall not exceed the period of time of the State Controller's or
13 Federal government's delay of payment to DSS plus forty-five (45) days."
14 4. That all references in existing COUNTY Agreement No. M-22-612 to Exhibit A shall be
15 changed to read "Revised Exhibit A," where appropriate, which is attached hereto and incorporated
16 herein by this reference.
17 5. That all references in existing COUNTY MOU No. M-22-612 to Exhibit B shall be
18 changed to read "Revised Exhibit B," where appropriate, which is attached hereto and incorporated
19 herein by this reference.
20 6. DSS and DBH agree that this Amendment I is sufficient to amend MOU No. M-22-612
21 and, that upon execution of this Amendment I, the original MOU, and this Amendment I, shall
22 together be considered the MOU.
23 The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
24 covenants, conditions and promises contained in this MOU not amended herein shall remain in full
25 force and effect. This Amendment I shall become effective upon execution on the day first written
26 hereinabove.
27
28
q _ COUNTY OF FRUSNO
Fresno,CA
I IN WITNESS WHEREOF, the parties hereto have executed this Amendment I to Agreement as
2 of the day and year first hereinabove written.
3
4 COUNTY OF FRESNO
5 DEPARTMENT OF BEHAVIORAL HEALTH
6
y 7 BY: DATE: 0 Z if-LZ-5
Susan L`No t, Director
8
9
10 COUNTY OF FRESNO
11
DEPARTMENT OF SOCIAL SERVICES
12
13 -By: DATE: ),27 2S
14 Sanj Buay Director
15 /
16
17
18 Department of Behavioral Health Department of Social Services
19 Fund: 0001 Fund: 0001
20 Subclass: 10000 Subclass: 10000
21 Organization: 56107114
Organization: 56302493
22
Account/Program: 5990/0 Account/Program: 7870
23
24
25
26
27
28
5 COUN't Y OF FIIESNO
Fresno,CA
Revised Exhibit A
Page 1 of 3
Memorandum of
Understanding Street
Outreach
Scope of Work
Organization County of Fresno Department of Behavioral Health
Address 1925 E Dakota Ave Fresno, CA 93726
Services Mental Health, Outreach, Case Management, and Supportive Housing Services
Contract Period July 1, 2022—June 30, 2023
July 1, 2023—June 30, 2024
July 1, 2024—June 30, 2026
Funding Source Homeless Housing, Assistance, and Prevention (HHAP) County and Fresno Madera
Continuum of Care Grant Funding
Summary of Services:
The Department of Behavioral Health (DBH) will use the HHAP grant as supplemental funding to oversee
the outreach, engagement, and linkage services to individuals experiencing homelessness in the rural and
unincorporated areas of Fresno County through the Projects for Assistance in Transition from
Homelessness (PATH) program. As agreed in Contract A-23-295 and associated amendments, this program
is operated by Kings View Corporation.
Target Population:
The target population to be served under this Agreement is adults (18 years and older)who are experiencing
serious mental illness and/or co-occurring substance use disorders and are homeless or at imminent risk of
becoming homeless in the rural and unincorporated areas of Fresno County. Participation is on a voluntary
basis.
Responsibilities of Department of Behavioral Health:
A. Operate and oversee a contracted outreach program where individuals are enrolled and linked to
services based on the needs of the person served.
1. Provide oversight of the program. In addition to contract monitoring of program, oversight
includes, but is not limited to, coordination with DSS regarding program administration and
outcomes. Administrative staff will meet with the program manager on a monthly basis to
discuss program client issues, concerns, measurable outcomes and reports, and any other
items as needed for the effective oversight of the program.
B. Collaborate with other agencies for provision of non-direct mental health services. These services
are particularly needed to reach people with co-occurring chronic or medical conditions. Linkage
must be provided to persons served for the full range of services.
C. Ensure client data is being entered into the Fresno Madera Continuum of Care Homeless
Management Information System (HMIS)timely and accurately by the contracted provider.
D. Provide outcomes in monthly reports, including monthly activity reports,and HMIS Annual Performance
Reports (APR).
E. Assist in making linkages with the total mental health system through regularly scheduled meetings
and consultations, both formal and informal.
Revised Exhibit A
Page 2 of 3
F. Participate in evaluating the progress of the overall program and the efficiency of collaboration with
the program administrative staff and be available for ongoing consultations.
G. Receive and analyze statistical data outcome information throughout the term of the contract. The
performance outcome measurement process will not be limited to survey instruments but will also
include, as appropriate, client and staff interviews, chart reviews, and other methods of obtaining required
information.
H. Recognize that cultural responsiveness is a goal toward which professionals, agencies, and systems
should strive. Becoming culturally responsive is a developmental process and incorporates at all
levels the importance of culture, the assessment of cross-cultural relations, vigilance towards the
dynamics that result from cultural differences, the expansion of cultural knowledge, and the adaptation of
services to meet culturally unique needs. DBH will assist the program towards cultural and linguistic
competency. DBH shall provide the following:
1. Technical assistance regarding cultural responsiveness requirements and sexual orientation and
gender identity training.
2. Mandatory cultural responsiveness training including sexual orientation and gender identity
and cultural sensitivity training for program personnel, at minimum once per year. DBH will
provide technical assistance and when possible, training regarding the unique needs of the
diverse population. Cultural responsiveness training recommendations will be based on
trends in data collected and will be included in the County's Culturally Responsive Plan.
Sensitivity to sexual orientation and gender identity is a basic cultural responsiveness
principle and shall be included in the cultural responsiveness training(s). Literature suggests
that the behavioral health needs of lesbian, gay, bisexual, and transgender (LGBT+)
individuals may be at increased risk for behavioral disorders and behavioral health problems
due to exposure to societal stressors such as stigmatization, prejudice and homophobic and/or
transphobic violence. Social support may be critical for this population.
3. Materials for public use on behavioral health and substance abuse services information shall
be in DBH's current threshold languages (English, Spanish, and Hmong). Translation
services and costs associated will be the responsibility of the provider. Promotional and/or
program materials shall be reviewed by DBH's Public Behavioral Health Division for branding
requirements prior to implementation.
Responsibilities of Department of Social Services:
A. Coordinate with DBH to receive data and other information needed for HHAP report submission and
HMIS data upload to the State Homeless Data Information System as required.
B. Meet with representatives of DBH to discuss HHAP programmatic requirements or invoicing as needed.
Program Expectations
The following program expectations shall be met annually:
• Provide outreach and engagement services to a minimum of 100 individuals in rural and
unincorporated communities of Fresno County.
• On average, persons served will be engaged and linked to services in less than 5 meeting contacts.
• 80% of persons served who cannot meet their housing needs through diversion efforts will be linked to
a Coordinated Entry System navigator within 7 days of successful contact.
Revised Exhibit A
Page 3 of 3
Program Outcomes
The following outcomes shall be met annually:
• 50% of persons served will attain a safe exit to temporary, transitional, or permanent housing, meaning
one of the following destinations: rental with or without subsidy, permanent shared-living arrangement
with family or friends, Bridge Housing or other emergency housing programs, drug treatment facility,
or psychiatric treatment facility.
Revised Exhibit B
Page 1 of 1
Memorandum of Understanding
Street Outreach
Budget Summary
Contract Period: July 1, 2022—June 30, 2026
Maximum Compensation: $1,148,687.85
FY 2022-2023: $336,183.27
FY 2023-2024: $473,118.51
FY 2024-2026: $339,386.07
Summary:
The Department of Behavioral Health (DBH) will use the Homeless Housing,Assistance and Prevention
(HHAP) grant as supplemental funding to oversee the outreach, engagement, and linkage services to
individuals experiencing homelessness through the Projects for Assistance in Transition from
Homelessness (PATH) program.This program is operated by Kings View Corporation; Agreement A-22-
208 and associated amendments.
For FY 2022/2023 through FY 2023/2024 HHAP funding will be allocated to:
Staff-Administrative, clinical, and outreach staff that work in the program, such as the program
manager, case managers, and outreach workers.
Client Support-Costs associated with assisting persons served in housing,transportation,education,
employment, documentation, as well as program supplies.
Operations- Expenses related to telecommunication and correspondence, office and program supplies,
staff training and recruitment, vehicle maintenance, and staff mileage.
Facilities and Equipment-Costs associated with building costs,office equipment, and vehicles.
Administrative and Special- Expenses pertaining to administrative overhead, liability insurances, and
translation services.
Fixed Assets-Expenses related to computer equipment,software, and furniture.
For FY 2024/2025 through 2025/2026 HHAP funding will be allocated to:
Staff-Outreach Workers
Client Support-Cost of motel stays as needed
Exhibit C
Agreement No.20-196
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENTNUMBER PURCHASING AUTHORITY NUMBER(if Applicable)
STD 213(Rev,03/2019) 1 20-HHAP-00096
1,This Agreement Is entered into between the Contracting Agency and the contractor named below:
CONTRACTING AGENCYNAME
Business,Consumer Services,and Housing Agency
CONTRACTOR NAME
County of Fresno
2.The term of this Agreement Is;
START DATE
Upon BCSH Approval
THROUGH END DATE
06/30/2025
3.The maximum amount of this Agreement is.
$2,325,640.36
4.The parties agree to comply with the terms and condlCons of the following exhibits,which are by this reference made a part of the Agreement.
Exhibits Title Wages
Exhibit A Scope of Work 1-6
Exhibit B Budget Detall and Payment Provisions 7-11
Exhibit C Homeless Coordinating and Financing Council Terms and Conditions 12-21
+ Exhibit D Special Terms and Conditions 22
+ Exhibit E* General Terms and Conditions 23
Items shown with an asterls *,are hereby carporaW by mterence and ma ore putt of t is agreement as if dttached hereto.
These documents can be viewed oth�sr//www dgs,co.aov/OLSIResources
IN WITNESS WHEREOF,THIS AGREEMENT RAS BEEN EXECUTED BY THE PARTIES HERETO. -
CONTRACTOR
i
CONTRACTOR NAME(If other than an individual,state whethera corporation,partnership;etc,)
_..--County of,Fresno_ _ I
ATTEST:
CONTRACTOR BUSINESS ADDRESS BERNICIEH E.SEIDEL CITY STATE ZIP
PO Box 24055 Clerk of the Board of Supervisors Fresno CA 93612
PRINTED NAME OF PERSON SIGNING County of Fresno State California TITLE i
Ernest Buddy Mendes a � 0-1 Deputy Chairman,Board of Supervisors
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
Page 1 of 2
)
Exhibit C
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER T
URCHASINCAUTHORITYNUMBEROfApplkable)
STn 213(Rev.03/2019) 20-HHAP�-00096
STATE OF CALIFORNIA _.--
CONTRACTING AGENCY NAME
Business,Consumer Services,and housing Agency
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
915 Capitol Mall,Suite 350A Sacramento CA 95814
PRINTED NAME OF PERSON SIGNING THE
Lourdes Castro Ramirez Secretary
CONTRACTING AGENCY HO D SIGN ATUBE DATE 5IGN D
CALIFORNIA DEPARTMENT OF,2ENERALSERVICESAPPROVAL EXEMPTION Of Applicable)
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Pace 2 of 2
` Exhibit C
County of Fresno
20-HHAP-00096
Page 1 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORK
I. Authority
The State of California has established the Homeless Housing, Assistance, and
Prevention Program ("HHAP" or "Program" or "grant") pursuant to Chapter 6
(commencing with Section 50218) of Part 1 of Division 31 of the Health and Safety
Code. (Added by Stats.2019, c. 159 (A.B. 101), § 10, eff. July 31, 2019.)
The Program is administered by the California Homeless Coordinating and Financing
Council ("Council") in the Business, Consumer Services and Housing Agency
("Agency"). HHAP provides one-time flexible block grant funds to continuums of care,
large cities (population of 300,000+) and counties as defined in the December 6,2019
HHAP Notice of Funding Availability ("NOFA") to support regional coordination and.
expand or develop 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.
This Standard Agreement along with all its exhibits ("Agreement") is entered into by
the Agency and a continuum of care, a city, or a county("Grantee") under the authority
of, and in furtherance of the purpose of, the Program. In signing this Agreement and
thereby accepting this award of funds, the Grantee agrees to comply with the terms
and conditions of the Agreements the NOFA under which the Grantee applied;-the
representations contained in the Grantee's application, and the requirements of the
authority cited above.
2. Purpose
The general purpose of the Program is to provide one-time block grant funding to
support regional coordination, and to expand or develop local capacity to address
immediate homelessness challenges. Activities will be 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, In accordance with the authority cited above, an application was
created and submitted by the Grantee for HHAP funds to be allocated for eligible uses
as stated in Health and Safety Code section 50219, subdivision (c)(1) -- (8).
1
i
Homeless Housing,Assistance and Prevention Program
NOFA Date:December 6, 2019
1 _
Exhibit C
County of Fresno
20-HHAP-00096
Page 2 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORK
3. Definitions
i
The following HHAP program terms are defined in accordance with Health and
Safety Code section 50218, subdivisions (a)—(q):
(a) "Agency" means the Business, Consumer Services and Housing Agency.
(b) "Applicant" means a continuum of care, city, or county.
(c) "City" means a city or city and county that Is legally incorporated to provide local
government services to its population.A city can be organized either underthe general
laws of this state or under a charter adopted by the local voters.
(d) "Continuum of care"means the same as defined by the United States Department
of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal
Regulations.
(e) "Coordinated Entry System" means a centralized or coordinated process
developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations,
as that section read on January 10, 2019, designed to coordinate homelessness
program participant intake, assessment, and provision of referrals. In order to satisfy
this subdivision, a centralized -or coordinated assessment system shall cover the-
geographic area, be easily accessed by individuals and families seeking housing or
services, be well advertised, and include a comprehensive and standardized
assessment tool.
(f) "Council" means the Homeless Coordinating and Financing Council created
pursuant to Section 8257 of the Welfare and institutions Code.
(g) "Emergency shelter"has the same meaning as defined in subdivision (e)of Section
50801.
(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 in
formation system
designated by a continuum of care to comply with federal reporting requirements as I
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
i
Homeless Housing,Assistance and Prevention Program
NOF'A Date: December 6, 2019 !
Exhibit C
County of Fresno
20-HHAP-00096
Page 3 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORD
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.
"Homeless point-in-time count" means the 2019 homeless point-in-time count
pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations.A jurisdiction
may elect to instead use their 2017 point-in-time count if they can demonstrate that a
significant methodology change occurred between the 2017 and 2019 point-in-time
counts that was based on an attempt to more closely align the count with HUD best
practices and undertaken in consultation with HUD representatives.Ajurisdiction shall
submit documentation of this to the agency by the date by which HUD's certification
of the 2019 homeless point-in-time count is finalized. The agency shall review and
approve or deny a request described in the previous sentence along with a
Jurisdiction's application for homeless funding.
(k) "Homeless youth" means an unaccompanied youth between 12 and 24 years of
age, inclusive, who is experiencing homelessness, as defined in subsection (2) of
Section 725 of the federal McKinney-Vento Homeless Assistance Act(42 U.S.C. Sec.
11434a(2)). "Homeless youth" includes unaccompanied youth who are pregnant or
parenting.
(1) "Housing First" has the same meaning as in Section 8255 of the Welfare and
Institutions Code, including all of the core components-listed therein, -
(m) "Jurisdiction" means a city, city that is also a county, county,or continuum of care,
as defined in this section.
(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 I
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.
(a) "Program" means the Homeless Housing, Assistance, and Prevention program
established pursuant to this chapter.
i
Homeless Housing,Assistance and Prevention Program
NOFA Date: December 6, 2019
f
Exhibit C
County of Fresno
20-HHAP-00096
Page 4 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORK
(p) "Program allocation" means the portion of program funds available to expand or
develop local capacity to address immediate homelessness challenges; In the amount
of six hundred fifty million dollars ($650,000,000).
(q) "Recipient" means a jurisdiction that receives funds from the agency for the
purposes of the program.
Additional definitions for the purposes of the HHAP program:
f
"Obligate" means that the Grantee has placed orders, awarded contracts, received
services, or entered into similar transactions that require payment using HHAP
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 funds obligated under contract or subcontract have been
fully paid and receipted, and no invoices remain outstanding. In the case of an award
made through subcontracting, subcontractors are required to obligate the funds by the
same statutory deadlines.
i
"Grantee" means the continuum of care, city, or county that has entered into contract
with the Business, Consumer Services and Housing Agency and is receiving HHAP
funding,_ ._
4. Scope of Work
The Scope of Work ("Work')for this Agreement shall include uses that are consistent
with Health and Safety Code section 50219, subdivision (c)(1) — (8), and any other
applicable laws. Eligible uses include the following:
A. Dental assistance and rapid rehousing.
B. Operating subsidies in new and existing affordable or supportive housing units,
emergency shelters, and navigation centers. Operating subsidies may include
operating reserves.
C. Incentives to landlords, including, but not limited to, security deposits and holding
fees.
D. Outreach and coordination, which may include access to job programs, to assist
vulnerable populations in accessing permanent housing and to promote housing
stability in supportive housing.
l
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
f
Exhibit C
County of Fresno
20-HHAP-00096
Page 5 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORK
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.
H. New navigation centers and emergency shelters based on demonstrated need.
Demonstrated need for purposes of this paragraph shall be based on the following:
L The number of available shelter beds in the city, county, or region served by
a continuum of care.
ii. Shelter vacancy rate in the summer and winter months.
ili. Percentage of exits from emergency shelters to permanent housing solutions.
Iv. A plan to connect residents to permanent housing.
6. Agency Contract Coordinator
The Agency's Contract Coordinator for this Agreement Is the Council's HHAP Grant
Manager or the Grant Manager's designee. Unless otherwise instructed, any notice,
report, or other communication requiring an original Grantee signature for this
Agreement shall be mailed to the Agency Contract Coordinator. If there are
opportunities to send information electronically, Grantee will be notified via email by
the HHAP Grant Manager or the Grant Manager's designee. _ _._
The Representatives during the term of this Agreement will be:
PROGRAM GRANTEE
ENTITY: Business Consumer Services and County of
Housing Agency Fresno
SECTION/UNIT' Homeless Coordinating and Financing
Council(HCFC)
915 Capitol Mall Suite 350-A PO Box 24066
ADDRESS: Sacramento,CA 95814 Fresno,California 93612
i
CONTRACT MANAGER Amber Ostrander Laura MorenoProgram Manager
PHONE NUMBER: 916-661-7995 559-600-2335
EMAIL ADDRESS: Amber.Ostrander@bcsh.ca.gov Ihaga@fresnocountyca,gov
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Homeless Housing,Assistance and Prevention Program
NOFA Date: December 6, 2019 �
Exhibit C
County of Fresno
20-H HAP-00096
Page 6 of 23
Homeless Housing,Assistance and Prevention
Standard Agreement
EXHIBIT A
SCOPE OF WORK
All requests to update the Grantee information listed within this Agreement shall be
emailed to the Homeless Coordinating and Financing Council's general email box at
hcfc(a.bcsh.ca.gov. The Council reserves the right to change their representative
and/or contact information at any time with notice to the Grantee.
6. Effective _Date, Term of Agreement, and Deadlines
A. This Agreement is effective upon approval by the Agency (indicated by the
signature provided by Agency in the lower left section of page one, Standard
Agreement, STD. 213),when signed by all parties.
B. Contractual Obligation:
Grantees that are counties must contractually obligate 100 percent of their full
program allocations on or before May 31, 2023.
• Grantees that are cities or continuums of care must contractually obligate no
less than 50 percent of program allocations on or before May 31, 2023.
Cities or continuums of care that contractually obligate less than 50 percent or program
allocations after May 31, 2023 are subject to an alternative disbursement plan as required
under(Health & Safety Code, 50220, subdivision (a)(4)(13).
..._...... . .
C. Full Expenditure of HHAP Grant Funds
• All HHAP grant funds (100.percent) must be expended by June 30, 2025. Any
funds not expended by that date shall revert to the General Fund. (Health &
Safety Code, § 50220, subdivision (e).)
7. Special Conditions
Agency reserves the right to add any special conditions to this Agreement it deems
necessary to ensure that the goals of the Program are achieved.
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
i
i
Exhibit C
County of Fresno
20-HHAP-00096
Page 7 of 23
Homeless Housing,Assistance and Prevention
Standard Agreement
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Budget Detail & Changes
The Grantee agrees that HHAP 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 homeless individuals and families into permanent
housing and supporting the efforts of those individuals and families to maintain their
permanent housing.
The Grantee shall expend HHAP funds on eligible activities as detailed in the annual
budget submitted with the Grantee's approved application. The Grantee shall submit
an updated budget with the annual report that revises and reports all actual and
projected expenditures of HHAP funds.
Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures
without prior approval by the Agency so long as the total expenditures (actual and
projected)for each eligible use category remain the same as described in the budget
approved with the Grantee's application, Any decrease or increase to the total
expenditures for any eligible use category must otherwise be approved by the
Council's HHAP Grant Manager or his/her designee, in writing, before the Grantee
may expend HHAP funds according to an alternative budget. The HHAP Grant
Manager will respond)to Grantee with approval or dahiol of request. Failure to obtain
written approval from the Grant Manager or his/her designee as required by this
section may be considered a breach of this Agreement.
2. General Conditions Prior to Disbursement
All Grantees must submit the following forms prior to HHAP funds being released:
A. Request for Funds Form (RFF)
B. STD 213 Standard Agreement - 2 original copies of the signed STD 213
form and initialed Exhibits A through E.
i
C. Data Use Agreement (continuums of care and counties that accepted
redirected funding from a continuum of Care-see Exhibit D for relevant
Special Terms and Conditions)
Homeless Housing, Assistance and Prevention Program i
NOFA Date: December 6, 2019
Exhibit C
County of Fresno
20-HHAP-00096
Page 8 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
3. Disbursement of Funds
HHAP funds will be disbursed to the Grantee upon receipt, review and approval of the
completed Standard Agreement and RFF by Agency, the Department of General
Services (DGS) and the State Controller's Office (SCO). Once Agency receives,
reviews, and signs off on the completed documents, the documents will be sent to
DGS for review. Once DGS review is completed, documents will be forwarded to SCO
for final review and fund disbursement. The RFF must include the proposed eligible
uses and the amount of funds proposed for expenditure under each eligible use.
HHAP funds will be disbursed in a single allocation via mailed check once the RFF
has been received by the SCO. Checks will be mailed to the address and contact
name listed on the RFF,
4. Expenditure of Funds.
Specific requirements and deadlines for contractually obligating and expending
awarded funds are set forth in the Homeless Housing, Assistance, and Prevention
Program statutes. Health and Safety Code sections 50218, 50219, and 50220
mandate the following:
A. Up to 5 percent of the HHAP allocation may be expended for the following uses
that are(ntehded to meet federal requirements forhouslrig funoling: _ _ .
(1) Strategic homelessness plan, as defined in section 578.7(c) of Title 24 of
the Code of Federal Regulations; and/or
(2) Infrastructure development to support coordinated entry systems and
Homeless Management Information Systems.
B. No more than 7 percent of the HHAP allocation may be used for
administrative costs incurred by the Grantee.
C. At least 8 percent of the'HHAP allocation shall be used to establish or expand
services for homeless youth populations.
D, Grantees that are cities or continuums of care shall contractually obligate no
less than 50 percent of HHAP funds by May 31, 2023. If less than 50 percent
Is obligated after May 31, 2023, continuums of care and cities shall not expend
any remaining portion of the 50 percent of program allocations required to have i
been obligated unless and until both of the following occur:
Homeless Housing,Assistance and Prevention Program
NOFA Date: December 6, 2019 1
I
1
f
Exhibit C
County of Fresno
20-HHAP-000.96
Page 9 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
(1) On or before June 30, 2023, the Grantee submits an alternative
disbursement plan to Agency that includes an explanation for the delay
and a plan to fully expend these funds by December 31, 2023,
(2) Agency approves the alternative disbursement plan.
If the funds identified In the approved alternative disbursement plan are not
fully expended by December 31, 2023, the funds shall be returned to
Agency.
E. Grantees that are counties shall contractually obligate the full allocation (100
percent) awarded to them by May 31, 2023. Any funds that are not
contractually obligated by this date shall be reverted to the continuum of
care that serves the county. Specific to Los Angeles County, funds that are not
contractually obligated by this date shall be divided proportionately using the
HHAP funding allocation formula among the four CoC's that serve Los
Angeles County: City of Glendale CoC, City of Pasadena CoC, the City of
Long Beach CoC, and the Los Angeles Homeless Services Authority.
Counties not obligating their full program allocation by May 31, 2023 are
required to notify Agency on or before that date, of the name of the CoC(s) in
which the county is served, and the amount of program funds that will be
reverted to the CaC(s). SyJune 30, 2023;the county shali'provid6A4encyWiitFi
evidence that the funds were transferred and submit an updated budget that
clearly identifies the funds that were transferred.
F. All HHAP funds shall be expended by June 30, 2025.
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G. Any funds not expended by June 30, 2025 shall revert to the General Fund.
5. Reimbursement
HHAP program funds should not generally be obligated or expended prior to the
effective date of this Agreement. However, Agency acknowledges that there may be
circumstances that would require reimbursement in order to prevent or address
homelessness in a given jurisdiction. When considering a reimbursement, the
following requirements are applicable:
A. Reimbursement is not permitted for activities occurring prior to July 1, 2019. ,
I
I
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit C
County of Fresno
20-HHAP-00096
Page 10 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
B. Reimbursement shall not supplant existing local funds for homeless housing,
assistance, or prevention.
C. Approval from HCFC must be obtained prior to obtaining reimbursement.
D. Capital 'improvement projects pertaining to emergency shelters and navigation
centers are still required to demonstrate need. Eligible applicants are required
to submit the following information for HCFC to review and approve or deny
j such projects:
i (1) The number of available shelter beds in the jurisdiction;
(2) The shelter vacancy rate in the summer and winter months;
(3) The percentage of exits from emergency shelters to permanent housing
solutions; and
(4)A plan to connect residents to permanent housing.
6. Ineligible Costs
HHAP 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 sections 50218 and 50219.
Agency 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 funds to pay
for ineligible activities, the Grantee shall be required to reimburse these funds
to Agency.
An expenditure which is not authorized by this Agreement, or by written approval of
the Grant Manager or his/her designee, or which cannot be adequately documented,
shall be disallowed and must be reimbursed to Agency by the Grantee.
Agency, at its sole and absolute discretion, shall make the final determination I�I
regarding the allowability of HHAP fund expenditures, I
Program funds shall not be used to supplant existing local funds for homeless
housing, assistance, or prevention. l
a
Homeless Housing,Assistance and Prevention Program I
NOFA Date: December 6, 2019
I
Exhibit C
'County of Fresno
20-HHAP-00095
Page 11 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
7. Adminlstratiye Costs
The Grantee must comply with Health and Safety Code section 50219, subdivision
(e), which limits the Grantee's administrative costs to no more than 7 percent of total
HHAP funds received. For purposes of this requirement, "administrative costs" does
not include staff or other costs directly related to Implementing activities funded by the
Program allocation.
I
Homeless Housing,Assistance and Prevention program
NOFA Date; December 6, 2019
Exhibit C
County of Fresno
20-H HAP-00096
Page 12 of 23
Homeless Housing,Assistance and Prevention
Standard Agreement
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
1. Termination and Sufficiency of Funds
A. Termination of Agreement
Agency may terminate this Agreement at any time for cause by giving a minimum
of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist
of violations of any conditions of this Agreement, any breach of contract as described
in paragraph 6 of this Exhibit C, violation of any federal or state laws; or withdrawal of
Agency's expenditure authority. Upon termination of this Agreement, unless
otherwise approved in writing by Agency, any unexpended funds received by the
Grantee shall be returned to Agency within 30 days of Agency's notice of termination.
B. Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made available to
Agency by legislative appropriation. In addition, this Agreement is subject to any
additional restrictions, limitations or conditions, or statutes,, regulations or any other
laws, whether federal or those of the State of California, or of any agency, department,
or any political subdivision of the federal or State of California governments, which
may affect the provisions, terms or funding of this Agreement in any manner.
2. Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other means,
the rights, duties, or performance of this Agreement or any part thereof, except with
the prior written approval of Agency and a formal amendment to this Agreement to
affect such subcontract or novatlon, i
3. Girante2'_s Application for Funds j
Grantee has submitted to Agency an application for HHAP funds to support regional
coordination and expand or develop local capacity to address its immediate
homelessness challenges. Agency is entering into this Agreement on the basis of, and
in substantial reliance upon, Grantee's facts, Information, assertions and
representations contained in that application, and in any subsequent.modifications or 4
additions thereto approved by Agency. The application and any approved
modifications and additions thereto are hereby incorporated into this Agreement,
d
Homeless Housing,Assistance and Prevention Program
NOFA Date: December 6, 2019
Exhibit C
County of Fresno
20-HHAP-00096
Page 13 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
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 Agency
approval, disbursement, or monitoring of the funding and the grants or activities
governed by this Agreement, then Agency may declare a breach of this Agreement
and take such action or pursue such remedies as are legally available.
4. R_epork[neLAudits
A. Annual Report Deadlines
By January 1, 2021, and annually on that date thereafter until all funds have been
expended, the Grantee shall submit an annual report to Agency in a format provided
by Agency. If the Grantee fails to provide such documentation, Agency may recapture
any portion of the amount authorized by this Agreement with a 14-day written
notification. No later than January 1, 2026, the Grantee shall submit a final report, in
a format provided by Agency, as well as a detailed explanation of all uses of the
Program funds.
R. 'Reporting Requirements
The annual report shall contain detailed information in accordance with Health and
Safety Code section 60221, subdivision (a).This information includes the following, as
well as any additional information deemed appropriate or necessary by Agency:
1. An 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.
2. The number of homeless individuals served by the Program funds in that year,
and a total number served in all years of the Program, as well as the homeless
populations served.
'1
3. The types of housing assistance provided, broken out by the number of
Individuals.
i
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1
t
Homeless Housing, Assistance and Prevention Program I
NOFA Date: December 6,2019
i
I�
1
Exhibit C
County of Fresno
20-HHAP-00096
Page 14 of 23
Homeless Housing,Assistance and Prevention
Standard Agreement
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
4. Outcome data for an individual served through Program funds, including the
type of housing that an individual exited to, the percent of successful housing
exits, and exit types for unsuccessful housing exits.
In addition to the annual reports, Agency 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 the agency on a form and method provide by the
agency, 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 the agency deems appropriate or
necessary.
Agency may require additional supplemental reporting with written notice to the
Grantee.
C. Auditing
Agency reserves the right to perform or cause to be performed a financial audit. At
Agency request, the Grantee shall provide, at its own expense, a financial audit
prepared by a certified public accountant. HHAP administrative funds may be used
to fund this expense.
. ..... .. ........ ....
1. If a financial audit is required by Agency, the audit shall be performed by an
independent certified public accountant. I.
2. The Grantee shall notify Agency of the auditor's name and address immediately
after the selection has been made. The contract for the audit shall allow access
by Agency to the independent auditor's working papers.
3. The Grantee is responsible for the completion of audits and all costs of
preparing audits, o
4. If there are audit findings, the Grantee must submit a detailed response
acceptable to Agency for each audit finding within 90 days from the date of the
audit finding report.
5. Inspection and Retentlon of Records i
A. Record Inspection
The Grantee agrees that Agency 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 Agency, or its designee, with any
i
Homeless Housing, Assistance and Prevention Program c
NOFA Date: December 6, 2019 g
Exhibit C
County of Fresno
20-HHAP-00096
Page 15 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
relevant information requested. The Grantee agrees to give Agency 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 program
guidance document published on the website, and this Agreement.
B. Record Retention
The Grantee further agrees to retain all records described in suboaraaraphhAA for
a minimum period of five (5) years after the termination of this Agreement.
If any litigation, claim, negotiation, audit, monitoring, inspection or other action has
been commenced before the expiration of the required record retention period, all
records must be retained until completion of the action and resolution of all issues
which arise from it.
6. Breach and Remedies
A. Breach of
ment
Breach&th s Agre went'nciudes, but is nothmited`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 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 Agency'in law or equity for
breach of this Agreement,Agency 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 funds disbursed under this
Agreement;
4. Require repayment of HHAP funds disbursed and expended under this
Ag reement;
i
Homeless Housing, Assistance and Prevention Program I
NOFA Date: December 6, 2019
Exhibit C
County of Fresno
20-HHAP-00096
Page 16 of 23
Homeless Housing,Assistance and Prevention
Standard Agreement
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
5. Require the immediate return to Agency of all funds derived from the use of
i HHAP funds including, but not limited to, recaptured funds and returned
funds; and
6. Seek, in a court of competent jurisdiction, an order for specific performance of
the defaulted obligation or the appointment of a receiver to complete the
technical assistance in accordance with HHAP requirements.
C. All remedies available to Agency are cumulative and not exclusive.
D. Agency may give written notice to the Grantee to cure the breach or violation within
a period of not less than 15 days.
7. Waivers
i
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I
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or
subsequent breach. The failure of Agency to enforce at any time the provisions of this
Agreement, or to require at any time, performance by the Grantee of these provisions,
shall in no way be construed to be a waiver of such provisions nor to affect the validity
of this Agreement or the right of Agency to enforce these provisions.
S. Noridiscriffilhaition.
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 subGrantees shall
ensure that the evaluation and treatment of their employees and applicants for
employment are free from such discrimination and harassment, Grantee and its
subreciplents 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
- 11139.6). Grantee and its subrecipients shall give written notice of their obligations
Homeless Housing, Assistance and Prevention Program I
NOFA Date: December 6, 2019
I
Exhibit C
County of Fresno
20-HHAP-00096
Page 17 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
under this clause to labor organizations with which they have a collective bargaining
or other agreement.
9. Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. For instance,
Health and Safety Code section 50219, subdivision (h) states, "FDr 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.
i
-_ A: Current State--Employees; No State offider 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.
Homeless Housing,Assistance and Prevention Program
NOFA Date: December 6,2019
-i
Exhibit C
County of Fresno
20-HHAP-00096
Page 18 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
i
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL. TERMS AND
CONDITIONS
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 a Political Reform Act of 1974
(Gov. Code, § 81000 et seq.).
D. Representatives of a County: A representative of. a county serving on a board,
I committee, or body with the primary purpose of administering funds or making funding
F
recommendations for applications pursuant to this chapter shall have no financial
E. 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 Wo:rltplace Certification
Certification of Compliance: By signing this Agreement; Grantee hereby certifies,
under penalty of perjury under the laws of State of California, that it and its
subrecipients will comply with the requirements of the Drug-Free Workplace Act of
1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by
tatting the following actions:
A. Publish a statement notifying employees and subrecipients that unlawful
manufacture distribution, dispensation, possession, or use of a controlled substance
is prohibited and specifying actions to be taken against employees, Grantees, or
subrecipients for violations, as required by Government Code section 8355,
subdivision (a)(1).
B. 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. i
Homeless Housing, Assistance and Prevention Program
NOFA Date: December 8, 2019
Exhibit C
t
County of Fresno
20-HHAP-00096
Page 19 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
C. 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.
i
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
fo the New Hire Registry mairitalned by the California E"ffipl6yment Development
Department. l
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12. Special Conditions —Gra ntees/S ub Grantee
The Grantee agrees to comply with all conditions of this Agreement including the
Special Conditions set forth in Exhibit D. These conditions shall be met to the
satisfaction of Agency prior to disbursement of funds. The Grantee shall ensure that
all SubGrantees are made aware of and agree to comply with all the conditions of this
Agreement and the applicable State requirements governing the use of HHAP 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:
1. Perform the work in accordance with Federal, State and Local housing and
building codes, as applicable.
a
Homeless Housing,Assistance and Prevention Program
NOFA Date:December 6, 2019
i
Exhibit C
County of Fresno
20-HHAP-00096
Page 20 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT,C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
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.
I
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 program, the Grantee, its subrecipients; and all.
eligible activities,
Grantee shall also be responsible for obtaining any and all permits, licenses, and
approvals required for performing any activities under this Agreement, including those
necessary to perform design, construction, or operation and maintenance of the
activities. Grantee shall be responsible for observing and complying with any
ap
plicable federal,state, and focal laws, `riles 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 Agency upon request.
14. Insgectiions
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. Agency 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 subreciplent until it is corrected.
Homeless Housing,Assistance and Prevention Program
NQFA Date: December 6,2019
Exhibit C
County of Fresno
20-HHAP-00096
Page 21 of 23
Homeless Houslhg, Assistance and Prevention
Standard Agreement
EXHIBIT C
HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND
CONDITIONS
16. Litigation
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a
court of competent jurisdiction, such invalidity, at the sole discretion of Agency, shall
not affect any other provisions of this Agreement and the remainder of this Agreement
shall remain in full force and effect. Therefore, the provisions of this Agreement are
and shall be deemed severable,
B. The Grantee shall notify Agency immediately of any claim or action undertaken by
or against it, which affects or may affect this Agreement or Agency, and shall take
such action with respect to the claim or action as is consistent with the terms of this
Agreement and the interests of Agency.
III
r
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Homeless Housing, Assistance and Prevention Program
NOFA Date: December s, 2019
Exhibit C
County of Fresno
20-HHAP-00096
Page 22 of 23
Homeless Housing, Assistance and Prevention
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 funds, along with any interest-bearing accounts opened by
subrecipients to the Grantee for the deposit of HHAP funds, must be used for
HHAP-eligible activities.
2. Any housing-related activities funded with HHAP funds, including but not limited
to emergency shelter, rapid-rehousing, rental.assistance, transitional housing
and permanent supportive housing, must be in compliance or otherwise aligned
with the core components of Housing First, pursuant to Welfare and Institutions
Code section 8255, subdivision (b).
3. Grantee agrees to utilize its local Homeless Management Information System
(HMIS) to track HHAP-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 funding (e.g., by creating appropriate HHAP-specific funding
sources and project codes in HMIS).
4. Grantee agrees to participate in the statewide data system or warehouse created
by Agency to collect local data from California continuums of care through the
HMIS, and sign any required data use agreements allowing Agency to access
Grantee's p HMIS data for'that rpbse
5. If Grantee is a continuum of care or a county that accepted redirected funding
from a continuum of care, it shall review and execute a data use agreement no
later than July 31, 2020, In order to ensure compliance with Health and Safety
Code section 602.19, subdivision (a)(7) and (10). Grantee's failure to timely
execute a data use agreement will constitute a breach of this Agreement. In this
event, BCSH, in its sole and absolute discretion, may exercise any and all
remedies permitted by this Agreement or by applicable law.
i
i
H `ameles� H ouslhg,Assistance and Prevention Program
NOFA Date: December 6,2019
Exhibit C
County of Fresno
20-HHAP-00096
Page 23 of 23
Homeless Housing, Assistance and Prevention
Standard Agreement
EXHIBIT E
GENERAL TERMS AND CONDITIONS
This exhibit is incorporated by reference and made part of this agreement. This
document can be viewed at the following link:
htti?s//www.dqs.ca..aov/OErSIResources/eacie-Content/Office of-Legal-Services-
Resources-List Folder/Standard-Contract-Language
1I
i
i
1
I
Homeless Housing, Assistance and Prevention Program
NO FA bake: December 6,2019
SCO ID:
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES Agreem tlxhibit 131-307
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable)
STD 213(Rev.0412020) 21-HHAP-00064 010725
1,This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Business,Consumer Services and Housing Agency
CONTRACTOR NAME
County of Fresno(CA-514 Fresno Madera CoQ
2.The term of this Agreement is:
SIARI DATE
Upon BCSH approval
TI IROUGI I END DATE
06/30/2026
3.The maximum amount of this Agreement is:
$1,397,933.00(One Million Three Hundred Ninety Seven Thousand Nine Hundred Thirty Three Dollars and No 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 Scope of Work 7
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C Homeless Coordinating and Financing Council Terms and Conditions 9
Exhibit D Special Terms and Conditions 2
Exhibit E General Terms and Conditions 1
Items shown with on asterisk("),are hereby incorporate y re erence and made part of this agreement as if attached ere►o.
l hese documents can be viewed at https,-&wv�w.d s.cn.qw/OL S/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(CA-514 Fresno Madera CoQ
CON IRACTOR BUSINESS ADDRESS CITY STATE ZIP
PO Box 24055 Fresno �CA 93779
PRINTED NAME OF PERSON SIGNING HILL
Steve Brandau Chairman,County of Fresno Board of Supervisors
CONTRACTOR AUTHORIZ IqN URE DATE SIGNED
Lu Zt
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
Count pf Fresno�•Ptate of California
By 'fit
Depu y
Paqe 1 of 2
SCO ID:
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES Exhibit D
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable)
STD 213(Rev.04/2020) 21-HHAP-00064 010725
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Business,Consumer Services and Housing Agency
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
915 Capitol Mall,Suite 350-A Sacramento CA 95814
PRINTED NAME OF PERSON SIGNING TITLE
Lourdes Castro Ramirez Secretary
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
A I Sep 20,2021
Lou res Castro Ramirez(Sep 20,202112:32 PDT)
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable)
Page 2of2
Exhibit D
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 1 of 23
Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2)
Standard Agreement
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
1) Authority
The State of California has established the Homeless Housing, Assistance, and
Prevention Program Round 2 ("HHAP-2" or "Program") pursuant to Chapter 6
(commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety
Code. (Added by Stats.2020, c. 15 (A.B. 83), § 7, eff. June 29, 2020.)
The Program is administered by the California Homeless Coordinating and
Financing Council ("HCFC") in the Business, Consumer Services and Housing
Agency ("Agency"). HHAP-2 provides one-time flexible block grant funds
to Continuums of Care, large cities (population of 300,000+) and counties as defined
in the November 13, 2020 HHAP-2 Notice of Funding Availability ("NOFA") to build
on the regional coordination created through previous HCFC grant funding and
support local jurisdictions in their unified regional responses to reduce and end
homelessness.
This Standard Agreement along with all its exhibits ("Agreement") is entered into by
the Agency and a Continuum of Care, a city, or a county ("Grantee") under the
authority of, and in furtherance of the purpose of, the Program. In signing this
Agreement and thereby accepting this award of funds, the Grantee agrees to comply
with the terms and conditions of the Agreement, the NOFA under which
the Grantee applied, the representations contained in the Grantee's application, and
the requirements of the authority cited above.
2) Purpose
The general purpose of the Program is to continue to build on regional coordination
developed through previous rounds of funding of the Homelessness Emergency Aid
Program (Chapter 5 (commencing with Section 50210)), the program established
under this chapter, and COVID-19 funding to reduce homelessness. This funding
shall:
a) Continue to build regional collaboration between continuums of care, counties,
and cities in a given region, regardless of population, and ultimately be used to
develop a unified regional response to homelessness.
b) Be paired strategically with other local, state, and federal funds provided to
address homelessness in order to achieve maximum impact. Grantees of this
Initial Here
Exhibit D
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 2 of 23
funding are encouraged to reference the Guide to Strategic Uses of Key State
and Federal Funds to Reduce Homelessness Durinq the COVID-19 Pandernic
c) Be deployed with the goal of reducing the number of homeless individuals in a
given region through investing in long-term solutions, such as permanent
housing, and that the state be an integral partner through the provision of
technical assistance, sharing of best practices, and implementing an
accountability framework to guide the structure of current and future state
investments.
In accordance with the authority cited above, an application was created and
submitted by the Grantee for HHAP-2 funds to be allocated for eligible uses as
stated in Health and Safety Code section 50220.5, subdivision (d)(1) — (8).
3) Definitions
The following HHAP-2 program terms are defined in accordance with Health
and Safety Code section 50216, subdivisions (a) — (q):
(a) "Agency" means the Business, Consumer Services, and Housing Agency.
(b) "Applicant" means a Continuum of Care, city, or county.
(c) "City" means a city or city and county that is legally incorporated to provide local
government services to its population. A city can be organized either under the
general laws of this state or under a charter adopted by the local voters.
(d) "Continuum of Care" means the same as defined by the United States
Department of Housing and Urban Development at Section 578.3 of Title 24 of the
Code of Federal Regulations.
(e) "Coordinated Entry System" means a centralized or coordinated process
developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations,
as that section read on January 10, 2019, designed to coordinate homelessness
program participant intake, assessment, and provision of referrals. In order to satisfy
this subdivision, a centralized or coordinated assessment system shall cover the
geographic area, be easily accessed by individuals and families seeking housing or
services, be well advertised, and include a comprehensive and standardized
assessment tool.
(f) "Council" means the Homeless Coordinating and Financing Council created
pursuant to Section 8257 of the Welfare and Institutions Code.
(g) "Emergency shelter" has the same meaning as defined in subdivision (e) of
Section 50801.
;> V 7
Initial Here
Exhibit D
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 3 of 23
(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.
Q) "Homeless point-in-time count' means the 2019 homeless point-in-time count
pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations. A
jurisdiction may elect to instead use their 2017 point-in-time count if they can
demonstrate that a significant methodology change occurred between the 2017 and
2019 point-in-time counts that was based on an attempt to more closely align the
count with HUD best practices and undertaken in consultation with HUD
representatives. A jurisdiction shall submit documentation of this to the agency by
the date by which HUD's certification of the 2019 homeless point-in-time count is
finalized. The agency shall review and approve or deny a request described in the
previous sentence along with a jurisdiction's application for homeless funding.
(k) "Homeless youth" means an unaccompanied youth between 12 and 24 years of
age, inclusive, who is experiencing homelessness, as defined in subsection (2) of
Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S C.
Sec. 11434a(2)). "Homeless youth" includes unaccompanied youth who are
pregnant or parenting.
(1) "Housing First" has the same meaning as in Section 8255 of the Welfare and
Institutions Code, including all of the core components listed therein.
(m) "Jurisdiction" means a city, city that is also a county, county, or Continuum of
Care, as defined in this section.
(n) "Navigation center" means a Housing First, low-barrier, service-enriched shelter
focused on moving homeless individuals and families into permanent housing that
provides temporary living facilities while case managers connect individuals
experiencing homelessness to income, public benefits, health services, shelter, and
housing.
(o) "Program" means the Homeless Housing, Assistance, and Prevention program
established pursuant to this chapter.
2
Initial Here
Exhibit D
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 4 of 23
(1) "Round 1" of the program means the funding allocated under the program
with moneys appropriated during the fiscal year beginning on July 1, 2019.
(2) "Round 2" of the program means the funding allocated under the program
with moneys appropriated during the fiscal year beginning on July 1, 2020.
(p) "Program allocation" means the portion of program funds available to expand or
develop local capacity to address immediate homelessness challenges.
(q) "Recipient" means a jurisdiction that receives funds from the agency for the
purposes of the program.
Additional definitions for the purposes of the HHAP-2 program:
"Obligate" means that the Grantee has placed orders, awarded contracts, received
services, or entered into similar transactions that require payment using HHAP-2
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-2 funds obligated under contract or subcontract have
been fully paid and receipted, and no invoices remain outstanding. In the case of an
award made through subcontracting, subcontractors are required to expend the
funds by the same statutory deadlines.
4) Scope of Work
The Scope of Work ("Work") for this Agreement shall include uses that
are consistent with Health and Safety Code section 50220.5, subdivision (d)-ft and
any other applicable laws. The grantee shall expend funds on evidence-based
solutions that address and prevent homelessness among eligible populations
including any of the following.-
a) Rapid rehousing, including rental subsidies and incentives to landlords, such as
security deposits and holding fees.
b) Operating subsidies in new and existing affordable or supportive housing units.
emergency shelters, and navigation centers. Operating subsidies may include
operating reserves.
c) Street outreach to assist persons experiencing homelessness to access
permanent housing and services.
6
Initial Here
Exhibit D
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 5 of 23
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.
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) New navigation centers and emergency shelters based on demonstrated need.
Demonstrated need for purposes of this paragraph shall be based on the
following:
(i) The number of available shelter beds in the city, county, or region served by a
Continuum of Care.
(ii) The number of people experiencing unsheltered homelessness in the
homeless point-in-time count.
(iii) Shelter vacancy rate in the summer and winter months.
(iv) Percentage of exits from emergency shelters to permanent housing solutions.
(v) A plan to connect residents to permanent housing.
5) Agency Contract Coordinator
The Agency's Contract Coordinator for this Agreement is the Council's HHAP Grant
Manager or the Grant Manager's designee. Unless otherwise instructed, any notice,
report, or other communication requiring an original Grantee signature for this
Agreement shall be mailed to the Agency Contract Coordinator. If there are
opportunities to send information electronically, Grantee will be notified via email by
the HHAP Grant Manager or the Grant Manager's designee.
The Representatives during the term of this Agreement will be:
I
Initial Here
Exhibit D
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 6 of 23
PROGRAM GRANTEE
ENTITY: Business Consumer Services and Continuum of Care for CA-514
Housing Agency Fresno Madera
SECTION/UNIT: Homeless Coordinating and
Financing Council (HCFC)
ADDRESS: 915 Capitol Mall Suite 350-A 205 W Pontiac Way
Sacramento, CA, 95814 Clovis, CA 93612
CONTRACT MANAGER Victor Duron Laura Moreno
PHONE NUMBER: (916) 510-9442 (559) 600-2335
EMAIL ADDRESS: Victor.Duron@bcsh.ca.gov Ihaga@fresnocountyca.gov
All requests to update the Grantee information listed within this Agreement shall be
emailed to the Homeless Coordinating and Financing Council's general email box
at hhap(u_)bcsh.ca.gov. The Council reserves the right to change their representative
and/or contact information at any time with notice to the Grantee.
Ei Effective Date, Term of Agreement, and Deadlines
a) This Agreement is effective upon approval by the Agency (indicated by the
signature provided by Agency in the lower left section of page one, Standard
Agreement, STD. 213), when signed by all parties.
1)) Contractual Obligation:
i) Grantees that are counties must contractually obligate 100 percent of their
full program allocations on or before May 31, 2023.
ii) Grantees that are cities or continuums of care must contractually obligate no
less than 50 percent of program allocations on or before May 31, 2023.
iii) Counties that contractually obligate less than 100 percent of program
allocations after May 31, 2023 will have their unallocated funds reverted to
the CoC that serves the county. Specific to Los Angeles County, funds that
are not contractually obligated by this date shall be divided proportionately
using the HHAP funding allocation formula among the four CoC's that serve
Los Angeles County: City of Glendale CoC, City of Pasadena CoC, the City
of Long Beach CoC, and the Los Angeles Flomeless Services Authority
S
Initial ere
Exhibit D
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 7 of 23
Cities or Continuums of Care that, after May 31, 2023, have contractually
obligated less than 50 percent of program allocations must submit and have
approved by the Council an alternative disbursement plan as required
under (Health & Safety Code, § 50220.5, subdivision (k)(2)).
c) Full Expenditure of HHAP-2 Grant Funds
i) All HHAP-2 grant funds (100 percent) must be expended by June 30, 2026.
Any funds not expended by that date shall revert to the General Fund (Health
& Safety Code, § 50220.5, subdivision (o)).
7) Special Conditions
Agency reserves the right to add any special conditions to this Agreement it deems
necessary to ensure that the goals of the Program are achieved.
Initial Here
Exhibit D
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 8 of 23
Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2)
Standard Agreement
EXHIBIT B
BUDGET DETAIL and DISBURSEMENT PROVISIONS
1) Budget Detail & Changes
The Grantee agrees that HHAP-2 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 HHAP-2 funds on eligible activities as detailed in
the expenditure plan and funding plan submitted with the Grantee's approved
application. The Grantee shall submit an updated funding plan with
the annual report that revises and reports all actual and projected expenditures of
HHAP-2 funds.
a) Budget Changes
i) Changes may be made to the timing (e.g., fiscal year) of eligible use
expenditures without prior approval by the Agency so long as the total
expenditures (actual and projected) for each eligible use category remain the
same as described in the expenditure plan approved with
the Grantee's application.
ii) Any decrease or increase to the total expenditures for
any eligible use category must otherwise be approved by the Council's
HHAP-2 Grant Manager or his/her designee, in writing, before
the Grantee may expend HHAP-2 funds according to an alternative
expenditure plan. The HHAP-2 Grant Manager will respond to Grantee with
approval or denial of request. Failure to obtain written approval from the Grant
Manager or his/her designee as required by this section may be considered a
breach of this Agreement. A breach of this agreement may result in remedies
listed within Exhibit C of this agreement.
2) General Conditions Prior to Disbursement
All Grantees must submit the following forms prior to HHAP-2 funds being released:
• Request for Funds Form ("RFF")
• STD 213 Standard Agreement - Two original copies of the signed STD 213
form and initialed Exhibits A through D
Initial Here
Exhibit D
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 9 of 23
• STD 204 Payee Data Record or Government Agency Taxpayer ID Form
3) Disbursement of Funds
HHAP-2 funds will be disbursed to the Grantee upon receipt, review and approval of
the completed Standard Agreement and RFF by Agency, the Department of General
Services (DGS) and the State Controller's Office (SCO).
The RFF must include the proposed eligible uses and the amount of funds proposed
for expenditure under each eligible use. HHAP-2 funds will be disbursed in a
single allocation via mailed check once the RFF has been received by the
SCO. Checks will be mailed to the address and contact name listed on the RFF.
4) Expenditure of Funds
Specific requirements and deadlines for contractually obligating and expending
awarded funds are set forth in the Homeless Housing, Assistance, and Prevention
Program statutes. Health and Safety Code sections 50218.5 and 50220.5 mandate
the following.-
a) Up to 5 percent of an applicant's HHAP-2 program allocation may be expended
for the following uses that are intended to meet federal requirements for housing
funding:
i) Strategic homelessness plan, as defined in Section 578.7(c) of Title 24 of the
Code of Federal Regulations.
ii) Infrastructure development to support coordinated entry systems and
Homeless Management Information Systems.
b) The applicant shall not use more than 7 percent of a HHAP-2 program allocation
for administrative costs incurred by the city, county, or Continuum of Care to
administer its program allocation. For purposes of this subdivision,
"administrative costs" does not include staff or other costs directly related to
implementing activities funded by the program allocation.
c) A program recipient shall use at least 8 percent of the funds allocated under this
section for services for homeless youth populations.
d) Recipients of HHAP-2 funds shall comply with Housing First as provided in
Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and
Institutions Code.
e) Grantees that are cities or continuums of care shall contractually obligate no less
than 50 percent of HHAP-2 funds by May 31, 2023. If less than 50 percent is
Initial Here
Exhibit D
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 10 of 23
obligated after May 31, 2023, continuums of care and cities shall not expend any
remaining portion of the 50 percent of program allocations required to have been
obligated unless and until both of the following occur:
i) On or before June 30, 2023, the Grantee submits an alternative disbursement
plan to HCFC that includes an explanation for the delay and a plan
to fully expend these funds by December 31, 2023.
ii) HCFC approves the alternative disbursement plan or provides the Grantee
with guidance on the revisions needed in order to approve the alternative
disbursement plan.
iii) If the funds identified in the approved alternative disbursement plan are
not fully expended by December 31, 2023, the funds shall be returned to the
HCFC for a subsequent round of awards by HCFC.
Grantees that are counties shall contractually obligate the full
allocation (100 percent) awarded to them by May 31, 2023. Any funds that are
not contractually obligated by this date shall be reverted to the Continuum of
Care that serves the county. Specific to Los Angeles County, funds that are not
contractually obligated by this date shall be divided proportionately using the
HHAP-2 funding allocation formula among the four CoC's that serve Los
Angeles County: City of Glendale CoC, City of Pasadena CoC, the City of Long
Beach CoC, and the Los Angeles Homeless Services Authority.
Counties not obligating their full program allocation by May 31, 2023 are required
to notify HCFC, on or before that date, of the narne of the CoC(s) in which the
county is served, and the amount of program funds that will be reverted to
the CoC(s). By June 30, 2023, the county shall provide HCFC with evidence that
the funds were transferred and submit an updated budget that clearly identifies
the funds that were transferred.
g) HHAP-2 funds shall be expended by June 30, 2026
h) In accordance with Health and Safety Code section 50220.5, subdivision (1),
HCFC retains the right to require a corrective action plan of grantees that are not
on track to fully expend funds by the statutorily required deadline.
i) Any funds not expended by June 30, 2026 shall revert to the General Fund.
5) Ineligible Costs
HHAP-2 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 50220.5.
Initial H re
Exhibit D
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 11 of 23
HCFC reserves the right to request additional clarifying information to determine the
reasonableness and eligibility of all uses of the funds made available by this
Agreement. If the Grantee or its funded subrecipients use HHAP-2 funds to pay
for ineligible activities, the Grantee shall be required to reimburse these funds
to Agency.
An expenditure which is not authorized by this Agreement, or by written approval of
the Grant Manager or his/her designee, or which cannot be adequately documented,
shall be disallowed and must be reimbursed to Agency by the Grantee.
HCFC, at its sole and absolute discretion, shall make the final determination
regarding the allowability of HHAP-2 fund expenditures.
Program funds shall not be used to supplant existing local funds for homeless
housing, assistance, or prevention.
Reimbursements are not permitted in HHAP-2 for any expenditures prior to the date
of execution of this Agreement.
S�
Initial Here
Exhibit D
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 12 of 23
Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2)
Standard Agreement
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1) Termination and Sufficiency of Funds
a) Termination of Agreement
Agency may terminate this Agreement at any time for cause by giving a minimum
of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist
of violations of any conditions of this Agreement, any breach of contract as
described in paragraph 6 of this Exhibit C; violation of any federal or state laws..
or withdrawal of Agency's expenditure authority. Upon termination of this
Agreement, unless otherwise approved in writing by Agency, any unexpended
funds received by the Grantee shall be returned to Agency within 30 days
of Agency's notice of termination.
ib) Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made
available to Agency by legislative appropriation. In addition, this Agreement is
subject to any additional restrictions, limitations or conditions, or statutes,
regulations or any other laws, whether federal or those of the State of California,
or of any agency, department, or any political subdivision of the federal or State
of California governments, which may affect the provisions, terms or funding of
this Agreement in any manner.
2) Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other
means, the rights, duties, or performance of this Agreement or any part thereof,
except as allowed within Exhibit C Section 12 (Special Conditions —
Grantees/SubGrantee) or with the prior written approval of HCFC and a formal
amendment to this Agreement to affect such subcontract or novation.
3) Grantee's Application for Funds
Grantee has submitted to HCFC an application for HHAP-2 funds to support regional
coordination and expand or develop local capacity to address its immediate
homelessness challenges. Agency is entering into this Agreement on the basis of
Grantee's facts, information, assertions and representations contained in
that application. Any subsequent modifications to the original funding plans
submitted within the original application must be requested through the formal HHAP
Change Request Process and are subject to approval by HCFC.
Initial Here
Exhibit D
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 13 of 23
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
HCFC approval, disbursement, or monitoring of the funding and the grants or
activities governed by this Agreement, then Agency 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 , 2022, and annually on that date thereafter until all funds have
been expended, the Grantee shall submit an annual report to HCFC in a
format provided by HCFC. Annual Reports will include a request for data on
expenditures and people served with HHAP-2 funding in addition to details on
specific projects selected for the use of HHAP-2 funding. If the Grantee fails to
provide such documentation, HCFC may recapture any portion of the amount
authorized by this Agreement with a 14-day written notification. No later than
January 1, 2027, the Grantee shall submit a final report, in a format provided
by HCFC, as well as a detailed explanation of all uses of the Program funds.
b) Expenditure Reports
In addition to the annual reports, HCFC 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 HCFC on a form and method provided
by HCFC 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 HCFC deems
appropriate or necessary. If the Grantee fails to provide such documentation,
HCFC may recapture any portion of the amount authorized by this Agreement
with a 14-day written notification.
c) Reporting Requirements
i) Annual Report: The annual report shall contain detailed information in
accordance with Health and Safety Code section 50222, subdivision (a).
This information includes the following, as well as any additional information
deenned appropriate or necessary by HCFC:
(1) Data collection shall include, but not be limited to, information regarding
individuals and families served, including demographic information,
information regarding partnerships among entities or lack thereof, and
participant and regional outcomes.
Initial Here
Exhibit D
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 14 of 23
(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.
ii) Expenditure Report: The expenditure report shall contain data on
expenditures of HHAP-2 funding including but not limited to obligated funds,
expended funds, interest accrued, and other funds derived from HHAP-2
funding.
iii) Final Expenditure Plan: During the final fiscal year of reporting, grantees may
be required to include a plan to fully expend HHAP-2 grant funding. This plan
must be submitted with the quarterly expenditure report in a format to be
provided by HCFC.
iv) HCFC may require additional supplemental reporting with written notice to the
Grantee.
v) Grantee may, at their discretion, fully expend their HHAP-2 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
Agency reserves the right to perform or cause to be performed a financial audit.
At Agency request, the Grantee shall provide, at its own expense, a financial
audit prepared by a certified public accountant. HHAP-2 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.
Initial Here
Exhibit D
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 15 of 23
ii) The Grantee shall notify Agency of the auditor's name and address
immediately after the selection has been made. The contract for the audit
shall allow access by Agency to the independent auditor's working papers.
iii) The Grantee is responsible for the completion of audits and all costs of
preparing audits.
iv) If there are audit findings, the Grantee must submit a detailed response
acceptable to Agency for each audit finding within 90 days from the date of
the audit finding report.
5) Inspection and Retention of Records
a) Record Inspection
HCFC or its designee shall have the right to review, obtain, and copy all records
and supporting documentation pertaining to performance under this Agreement.
The Grantee agrees to provide HCFC, or its designee, with any relevant
information requested. The Grantee agrees to give HCFC or its designee access
to its premises, upon reasonable notice and during normal business hours, for
the purpose of interviewing employees who might reasonably have information
related to such records, and of inspecting and copying such books, records,
accounts, and other materials that may be relevant to
an investigation of compliance with the Homeless Housing, Assistance, and
Prevention Program laws, the HHAP-2 program guidance document published
on the website, and this Agreement.
In accordance with Health and Safety Code section 50220.5, subdivision (1), if
Upon inspection of records HCFC identifies noncompliance with grant
requirements HCFC retains the right to impose a corrective action plan on the
Grantee.
b) Record Retention
The Grantee further agrees to retain all records described in subparagraph A for
a minimum period of five (5) years after the termination of this Agreement.
If any litigation, claim, negotiation, audit, monitoring, inspection or other action
has been commenced before the expiration of the required record retention
period, all records must be retained until completion of the action and resolution
of all issues which arise from it.
6) Breach and Remedies
a) Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
J
Initial Here
Exhibit D
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 16 of 23
i) Grantee's failure to comply with the terms or conditions of this Agreement.
ii) Use of, or permitting the use of, HHAP-2 funds provided under this
Agreement for any ineligible activities.
iii) Any failure to comply with the deadlines set forth in this Agreement.
b) Remedies for Breach of Agreement
In addition to any other remedies that may be available to Agency in law or equity
for breach of this Agreement, Agency may:
i) Bar the Grantee from applying for future HHAP funds;
ii) Revoke any other existing HHAP-2 award(s) to the Grantee;
iii) Require the return of any unexpended HHAP-2 funds disbursed under this
Agreement;
iv) Require repayment of HHAP-2 funds disbursed and expended under this
Agreement,
v) Require the immediate return to Agency of all funds derived from the use of
HHAP-2 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-2 requirements.
c) All remedies available to Agency are cumulative and not exclusive.
d) Agency may give written notice to the Grantee to cure the breach or
violation within a period of not less than 15 days.
7) Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior
or subsequent breach. The failure of Agency to enforce at any time the provisions of
this Agreement, or to require at any time, performance by the Grantee of these
provisions, shall in no way be construed to be a waiver of such provisions nor to
affect the validity of this Agreement or the right of Agency to enforce
these provisions.
8) Nondiscrimination
During the performance of this Agreement, Grantee and its subrecipients shall not
unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex (gender), sexual orientation, gender
identity, gender expression, race, color, ancestry, religion, creed, national origin
(including language use restriction), pregnancy, physical disability (including HIV and
AIDS), mental disability, medical condition (cancer/genetic characteristics), age
J3
Initial Here
Exhibit D
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 17 of 23
(over 40), genetic information, marital status, military and veteran status, and denial
of medical and family care leave or pregnancy disability leave. Grantees and Sub
grantees shall ensure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment.
Grantee and its subrecipients shall comply with the provisions of California's laws
against discriminatory practices relating to specific groups: the California Fair
Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations
promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the
provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government
Code (Gov. Code, §§ 11135 - 11139.5). Grantee and its subrecipients shall give
written notice of their obligations under this clause to labor organizations with which
they have a collective bargaining or other agreement.
9) Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. For
instance, Health and Safety Code section 50220.5, subdivision (i) states, " For
purposes of Section 1090 of the Government Code, a representative of a county
serving on a board, committee, or body with the primary purpose of administering
funds or making funding recommendations for applications pursuant to this chapter
shall have no financial interest in any contract, program, or project voted on by the
board, committee, or body on the basis of the receipt of compensation for holding
public office or public employment as a representative of the county."
Failure to comply with these laws, including business and financial disclosure
provisions, will result in the application being rejected and any subsequent contract
being declared void. Other legal action may also be taken. Additional applicable
statutes include, but are not limited to, Government Code section 1090 and Public
Contract Code sections 10410 and 10411.
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.
t)) 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
Initial Here
Exhibit D
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 18 of 23
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 a Political Reform
Act of 1974 (Gov. Code, § 81000 et seq.).
d) Representatives of a County: A representative of a county serving on a board,
committee, or body with the primary purpose of administering funds or making
funding recommendations for applications pursuant to this chapter shall have no
financial interest in any contract, program, or project voted on by the board,
committee, or body on the basis of the receipt of compensation for holding public
office or public employment as a representative of the county.
10)Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies,
under penalty of perjury under the laws of State of California, that it and its
subrecipients will comply with the requirements of the Drug-Free Workplace Act of
1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by
taking the following actions:
Publish a statement notifying employees and subrecipients that unlawful
manufacture distribution, dispensation, possession, or use of a controlled substance
is prohibited and specifying actions to be taken against employees, Grantees, or
subrecipients for violations, as required by Government Code section 8355,
subdivision (a)(1).
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
�V
Initial Here
Exhibit D
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 19 of 23
ii) Will agree to abide by terms of Grantee's condition of employment or
subcontract.
11)Child Support Compliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in
accordance with Public Contract Code 7110, that:
a) The Grantee recognizes the importance of child and family support obligations
and shall fully comply with all applicable state and federal laws relating to child
and family support enforcement, including, but not limited to, disclosure of
information and compliance with earnings assignment orders, as provided in
Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family
Code-, and
b) The Grantee, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
12)Special Conditions — Grantees/Subgrantee
The Grantee agrees to comply with all conditions of this Agreement including
the Special Conditions set forth in Exhibit D. These conditions shall be met to the
satisfaction of Agency prior to disbursement of funds. The Grantee shall ensure that
all Subgrantees are made aware of and agree to comply with all the conditions of this
Agreement and the applicable State requirements governing the use of HHAP-2
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
Initial Here
Exhibit D
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 20 of 23
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-2 program, the Grantee, its subrecipients, and
all eligible activities.
Grantee shall also be responsible for obtaining any and all permits, licenses, and
approvals required for performing any activities under this Agreement, including
those necessary to perform design, construction, or operation and maintenance of
the activities. Grantee shall be responsible for observing and complying with any
applicable federal, state, and local laws, rules or regulations affecting any such work,
specifically those including, but not limited to, environmental protection,
procurement, and safety laws, rules, regulations, and ordinances. Grantee shall
provide copies of permits and approvals to HCFC upon request.
14)Inspections
a) Grantee shall inspect any work performed hereunder to ensure that the work is
being and has been performed in accordance with the applicable federal, state
and/or local requirements, and this Agreement.
b) HCFC reserves the right to inspect any work performed hereunder to ensure that
the work is being and has been performed in accordance with the
applicable federal, state and/or local requirements, and this Agreement.
c) Grantee agrees to require that all work that is determined based on such
inspections not to conform to the applicable requirements be corrected and to
withhold payments to the subrecipient until it is corrected.
15)Litigation
a) If any provision of this Agreement, or an underlying obligation, is held invalid by a
court of competent jurisdiction, such invalidity, at the sole discretion
of Agency, shall not affect any other provisions of this Agreement and the
remainder of this Agreement shall remain in full force and effect. Therefore, the
provisions of this Agreement are and shall be deemed severable.
b) The Grantee shall notify HCFC immediately of any claim or action undertaken by
or against it, which affects or may affect this Agreement or Agency, and shall take
such action with respect to the claim or action as is consistent with the terms of
this Agreement and the interests of Agency.
Initial Here
Exhibit D
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 21 of 23
Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2)
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-2 funds. along with any interest-bearing accounts opened
by subrecipients to the Grantee for the deposit of HHAP-2 funds, must be used for
HHAP-2-eligible activities and reported on as required by Agency.
2) Per Health and Safety Code Section 50220.5 (g), any housing-related activities
funded with HHAP-2 funds, including but not limited to emergency shelter, 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-2 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-2-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-2
funding (e.g., by creating appropriate HHAP-2-specific funding sources and project
codes in HMIS).
4) Grantee shall participate in and provide data elements, including, but not limited to,
health information, in a manner consistent with federal law, to the statewide
Homeless Management Information System (known as the Homeless Data
Integration System or "HDIS"), in accordance with their existing Data Use
Agreement entered into with the Council, if any, and as required by Health and
Safety Code section 50220.6. Any health information provided to, or maintained
within, the statewide Homeless Management Information System shall not be
subject to public inspection or disclosure under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code). For purposes of this paragraph, "health information" means
"protected health information," as defined in Part 160.103 of Title 45 of the Code of
Federal Regulations, and "medical information," as defined in subdivision 0) of
Section 56.05 of the Civil Code. The Council may, as required by operational
S
Initial Here
Exhibit D
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 22 of 23
necessity, amend or modify required data elements, disclosure formats, or
disclosure frequency.
5) Grantee shall include in their annual report and upon request from HCFC an update
on progress towards meeting goals provided within Section 4: HHAP Round 2 Goals
of the HHAP-2 application. Grantees will report on these goals in a manner and
format provided to Grantee by HCFC.
6) Grantee agrees to accept technical assistance as directed by HCFC or by a
contracted technical assistance provider acting on behalf of HCFC and report to
HCFC on programmatic changes the grantee will make as a result of the technical
assistance and in support of their grant goals.
7) Grantee agrees to demonstrate a commitment to racial equity and, per Section
50222 (a)(2)(B), the grantee shall use data provided through HDIS to analyze racial
disproportionality in homeless populations and, in partnership with HCFC, establish
clear metrics and performance monitoring for achieving equity in provision of
services and outcomes for Black, Native, and Indigenous, Latinx, Asian, Pacific
Islanders and other People of Color who are disproportionately impacted by
homelessness and COVID-19
8) 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.
J
Initial Here
Exhibit D
CA-514 Fresno City & County/Madera County CoC
21-HHAP-00064
Page 23 of 23
Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP-2)
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:
littps://www.dgs.ca.gov/-/medialDivisions/OLS/Resources/GTC-April-2017-
FI14ALar)ril20l 7.pdf%la=en&hash=3A64979F777D5B9D35309433EE81969FDG9052D2
In the interpretation of this Agreement, any inconsistencies between the State of
California General Terms and Conditions (GTC - 04/2017) and the terms of this
Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and
its exhibits/attachments.
Initial Here
SCO ID: Exhibit E
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES Agreemen t rb. 22-047
STANDARD AGREEMENT I AGREEMENT NUMBER PURCHASING AUTHORITYNUMBER(If Applicable)
STD 213(Rev.04/2020) 22-HHAP-10015 010725
1.This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Business,Consumer Services and Housing Agency
CONTRACTOR NAME
County of Fresno
2. The term of this Agreement is:
START DATE
9/1/2022
THROUGH END DATE
10/1/2026
3.The maximum amount of this Agreement is:
$1,682,630.50(One Million Six Hundred Eighty Two Thousand Six Hundred Thirty Dollars and Fifty Cents)
4.The parties agree to comply with the terms and conditions of the following exhibits,which are by this reference made a part of the Agreement.
Exhibits Title Pages
Exhibit A Authority,Purpose and Scope of Work 8
Exhibit B Budget Detail and Disbursement Provisions 2
Exhibit C Homeless Coordinating and Financing Council General Terms and Conditions 8
Exhibit D Special Terms and Conditions 2
Exhibit E State of California General Terms and Conditions 1
Exhibit F Standard Agreement to Apply 5
Items shown with an asterisk('),are hereby incorporated by reference and made part of this agreementas if attached hereto.
These documents can be viewed at httos.//www.das.co.aov/OLS/Resources
IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BYTHE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.)
County of Fresno
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
P.O.Box 1912 Fresno CA 93718
PRINTED NAME OF PERSON SIGNING TITLE
Brian Pacheco Chairman,County of Fresno Board of Supervisors
CONTRACT R A HORIZED SIGNATURE DATE SIGNED
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County o.,ff,Fresno,State of California
By
Deputy
Page 1 of 2
SCO ID: Exhibit E
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NU MBER(If Applicable)
STD 213(Rev.04/2020) 22-HHAP-10015 I 010725
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Business,Consumer Services and Housing Agency
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
915 Capitol Mall,Suite 350-A Sacramento CA 95814
PRINTED NAME OF PERSON SIGNING TITLE
Lourdes Castro Ramirez Secretary
CONTRACTIN A NCY AUTH IZED SICpNATURE DATE SIGNED
1-h
CALIFORfy A DEPART ENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable)
Page 2 of 2
Exhibit E
Fresno County
22-HHAP-10015
Page 1 of 26
Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement
Initial Disbursement Contract for Funds
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
1) Authority
The State of California has established the Homeless Housing, Assistance, and
Prevention Program Round 3 ("HHAP-3" or "Program") pursuant to Chapter 6
(commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety
Code. (Amended by Stats. 2021, Ch. 111, Sec. 4. (AB 140) Effective July 19. 2021.)
The Program is administered by the California Homeless Coordinating and
Financing Council ("HCFC") in the Business, Consumer Services and Housing
Agency ("Agency"). HHAP-3 provides flexible block grant funds
to Continuums of Care, large cities (population of 300,000+) and counties to build on
the regional coordination created through previous HCFC grant funding and support
local jurisdictions in their unified regional responses to reduce and end
homelessness.
This Standard Agreement/Initial Disbursement Contract for Funds along with all its
exhibits ("Agreement") is entered into by the Agency and a Continuum of
Care, a city, or a county ("Grantee") under the authority of, and in furtherance of the
purpose of, the Program. In signing this Agreement and thereby accepting this
award of funds, the Grantee agrees to comply with the terms and conditions of this
Agreement, the Standard Agreement to Apply signed and submitted by the Grantee
(Exhibit F), and the requirements appearing in the statutory authority for the Program
cited above.
2) Purpose
The general purpose of the Program is to continue to build on regional coordination
developed through previous rounds of funding of the Homelessness Emergency Aid
Program (Chapter 5 (commencing with Section 50210)), the program established
under this chapter, and COVID-19 funding to reduce homelessness. This funding
shall:
a) Continue to build regional collaboration between continuums of care, counties,
and cities in a given region, regardless of population, and ultimately be used to
develop a unified regional response to homelessness.
b) Be paired strategically with other local, state, and federal funds provided to
address homelessness in order to achieve maximum impact. Grantees of this
funding are encouraged to reference Putting the Funding Pieces Together. Guide
, �
u�o
Initial
Exhibit E
Fresno County
22-HHAP-10015
Page 2 of 26
to Strategic Uses of New and Recent State and Federal Funds to Prevent and
End Homelessness in their planning efforts.
c) Be deployed with the goal of reducing the number of people experiencing
homelessness in a given region through investing in long-term solutions, such as
permanent housing.
d) Include the State as an integral partner through the provision of technical
assistance, sharing of best practices, and implementing an accountability
framework to guide the structure of current and future state investments.
In accordance with the authority cited above, a Standard Agreement to Apply was
submitted by the Grantee for the initial disbursement of HHAP-3 funds to be
allocated to the Grantee pursuant to Health and Safety Code 50220.7(a)(4)(A).
3) Definitions
The following HHAP-3 program terms are defined in accordance with Health
and Safety Code section 50216, subdivisions (a) — (r):
a) "Agency" means the Business, Consumer Services, and Housing Agency.
b) "Applicant' means a Continuum of Care, city, or county.
c) "City" means a city or city and county that is legally incorporated to provide local
government services to its population. A city can be organized either under the
general laws of this state or under a charter adopted by the local voters.
d) "Continuum of Care" means the same as defined by the United States
Department of Housing and Urban Development at Section 578.3 of Title 24 of the
Code of Federal Regulations.
e) "Coordinated Entry System" means a centralized or coordinated process
developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations,
as that section read on January 10, 2019, designed to coordinate homelessness
program participant intake, assessment, and provision of referrals. In order to satisfy
this subdivision, a centralized or coordinated assessment system shall cover the
geographic area, be easily accessed by individuals and families seeking housing or
services, be well advertised, and include a comprehensive and standardized
assessment tool.
f) "Council" means the Homeless Coordinating and Financing Council created
pursuant to Section 8257 of the Welfare and institutions Code.
g) "Emergency shelter" has the same meaning as defined in subdivision (e) of
Section 50801.
Initial
Exhibit E
Fresno County
22-HHAP-10015
Page 3 of 26
h) "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the
Code of Federal Regulations, as that section read on January 10, 2019.
i) "Homeless Management Information System" means the information system
designated by a Continuum of Care to comply with federal reporting requirements as
defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term
"Homeless Management Information System" also includes the use of a comparable
database by a victim services provider or legal services provider that is permitted by
the federal government under Part 576 of Title 24 of the Code of Federal
Regulations.
j) "Homeless point-in-time count" means the 2019 homeless point-in-time count
pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations. A
jurisdiction may elect to instead use their 2017 point-in-time count if they can
demonstrate that a significant methodology change occurred between the 2017 and
2019 point-in-time counts that was based on an attempt to more closely align the
count with HUD best practices and undertaken in consultation with HUD
representatives. A jurisdiction shall submit documentation of this to the agency by
the date by which HUD's certification of the 2019 homeless point-in-time count is
finalized. The agency shall review and approve or deny a request described in the
previous sentence along with a jurisdiction's application for homeless funding.
k) "Homeless youth" means an unaccompanied youth between 12 and 24 years of
age, inclusive, who is experiencing homelessness, as defined in subsection (2) of
Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C.
Sec. 11434a(2)). "Homeless youth" includes unaccompanied youth who are
pregnant or parenting.
1) "Housing First" has the same meaning as in Section 8255 of the Welfare and
Institutions Code, including all of the core components listed therein.
m) "Jurisdiction" means a city, city that is also a county, county, or Continuum of
Care, as defined in this section.
n) "Navigation center" means a Housing First, low-barrier, service-enriched shelter
focused on moving homeless individuals and families into permanent housing that
provides temporary living facilities while case managers connect individuals
experiencing homelessness to income, public benefits, health services, shelter, and
housing.
o) "Program" means the Homeless Housing, Assistance, and Prevention program
established pursuant to this chapter.
1) "Round 1" of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1, 2019.
I'1P
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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 agency for the
purposes of the program.
r) "Tribe" or "tribal applicant' means a federally recognized tribal government
pursuant to Section 4103 of Title 25 of the United States Code.
Additional definitions for the purposes of the HHAP-3 program:
"Obligate" means that the Grantee has placed orders, awarded contracts, received
services, or entered into similar transactions that require payment using HHAP-3
funding. Grantees, and the subrecipients who receive awards from those Grantees.
must obligate the funds by the statutory deadlines set forth in this Exhibit A.
"Expended" means all HHAP-3 funds obligated under contract or subcontract have
been fully paid and receipted, and no invoices remain outstanding.
4) Scope of Work
The Scope of Work ("Work") for this Agreement shall include uses that
are consistent with Health and Safety Code (HSC) section 50218.6, subdivision (e),
and section 50220.7, subdivisions (a)(4)-(5) & (0, and any other applicable laws.
By accepting these funds, the Grantee acknowledges that this initial disbursement of
funds is a portion of their total allocation under the HHAP-3 Program, to be used
solely for the purposes outlined below, and that in order to receive the remaining
balance of its HHAP-3 program allocation, an applicant shall submit an application to
the council by June 30, 2022, that includes a local homelessness action plan and
specific outcome goals in accordance with the requirements laid out in HSC §
50220.7(b).
The Grantee may expend this initial disbursement of funds to complete the local
homelessness action plan, required by HSC § 50220.7(b)(3)(A), including paying for
any technical assistance or contracted entities to support the completion of the
homelessness action plan.
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For funds not spent on the Grantee's homelessness action plan, priority for these
initial funds shall be for systems improvement, including, but not limited to, all of the
following:
A) Capacity building and workforce development for service providers within the
jurisdiction, including removing barriers to contracting with culturally specific service
providers and building capacity of providers to administer culturally specific services.
B) Funding existing evidence-based programs serving people experiencing
homelessness.
C) Investing in data systems to meet reporting requirements or strengthen the
recipient's Homeless Management Information System.
D) Improving homeless point-in-time counts.
E) Improving coordinated entry systems to eliminate racial bias or to create a youth-
specific coordinated entry system.
For any remaining funds not spent on the Grantee's homelessness action plan or
systems improvement, the Grantee shall expend funds on existing evidence-based
programs serving people experiencing homelessness among eligible populations,
including any of the following eligible uses:
a) Rapid rehousing, including rental subsidies and incentives to landlords, such as
security deposits and holding fees.
b) Operating subsidies in new and existing affordable or supportive housing units,
emergency shelters, and navigation centers. Operating subsidies may include
operating reserves.
c) Street outreach to assist persons experiencing homelessness to access
permanent housing and services.
d) Services coordination, which may include access to workforce, education, and
training programs, or other services needed to promote housing stability in
supportive housing.
e) Systems support for activities necessary to create regional partnerships and
maintain a homeless services and housing delivery system, particularly for
vulnerable populations including families and homeless youth.
f) Delivery of permanent housing and innovative housing solutions, such as hotel
and motel conversions.
g) Prevention and shelter diversion to permanent housing, including rental
subsidies.
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h) New navigation centers and emergency shelters based on demonstrated need.
Demonstrated need for purposes of this paragraph shall be based on the
following:
i) The number of available shelter beds in the city, county, or region served by a
Continuum of Care.
ii) The number of people experiencing unsheltered homelessness in the
homeless point-in-time count.
iii) Shelter vacancy rate in the summer and winter months.
iv) Percentage of exits from emergency shelters to permanent housing solutions.
v) A plan to connect residents to permanent housing.
vi) Any new interim sheltering funded by HHAP-3 funds must be low barrier,
comply with Housing First as provided in Chapter 6.5 (commencing with Section
8255) of Division 8 of the Welfare and Institutions Code, and prioritize
interventions other than congregate shelters.
i) Improvements to existing emergency shelters to lower barriers and increase
privacy.
In addition to the funding use requirements described above, the Grantee's
expenditure of its entire HHAP-3 allocation must also comply with the following:
a) At least 10 percent of the funds shall be spent on services for homeless youth
populations.
b) Not more than 7 percent of funds may be used for administrative costs incurred
by the city, county, or continuum of care to administer its program allocation. For
purposes of this Agreement, "administrative costs" does not include staff or other
costs directly related to implementing activities funded by the program allocation.
5) Agency Contract Coordinator
The Agency's Contract Coordinator for this Agreement is the Council's Grant
Director or the Grant Director's designee. Unless otherwise instructed, any notice,
report, or other communication requiring an original Grantee signature for this
Agreement shall be mailed to the Agency Contract Coordinator. If there are
opportunities to send information electronically, Grantee will be notified via email by
the Council's Grant Director or the Grant Director's designee.
Initial
Ex
hibit ouibtyE
22-HHAP-10015
Page 7 of 26
The Representatives during the term of this Agreement will be:
PROGRAM GRANTEE
ENTITY: Business Consumer Services and County of Fresno
Housing Agency
SECTION/UNIT: Homeless Coordinating and
Financing Council (HCFC)
ADDRESS: 915 Capitol Mall Suite 350-A P.O. Box 1912 Fresno, CA 93718
Sacramento, CA, 95814
CONTRACT Victor Duron Laura Moreno
COORDINATOR
PHONE NUMBER: (916) 510-9442 (559)600-2335
EMAIL ADDRESS: Victor.DLiron@bcsh.ca.gov bcsh.ca.gov Ihaga@fresnocountyca.gov
All requests to update the Grantee information listed within this Agreement shall be
emailed to the HHAP Program's general email box at hhap@bcsh.ca.gov. The
Council reserves the right to change their representative and/or contact information
at any time with notice to the Grantee.
6) Effective Date, Term of Agreement, and Deadlines
a) This Agreement is effective upon approval by the Agency (indicated by the
signature provided by Agency in the lower left section of page one, Standard
Agreement, STD. 213), when signed by all parties.
b) This Agreement shall terminate on October 1, 2026, or upon delivery of the
HHAP-3 final report required by HSC § 50223(b), whichever is sooner.
c) Grantee shall submit an application for the remainder of their HHAP-3 allocation
by June 30, 2022 in compliance with HSC § 50220.7(b).
d) Grantee shall report on the activities funded pursuant this Agreement in the first
expenditure report submitted to the Council after disbursement of the remaining
funds, as required by HSC §§ 50221 and 50223.
e) Grantees that are cities or continuums of care shall contractually obligate no less
than 50 percent of HHAP-3 funds by May 31, 2024. If less than 50 percent is
obligated after May 31 , 2024, continuums of care and cities shall not expend any
remaining portion of the 50 percent of program allocations required to have been
obligated unless and until both of the following occur:
1�f1
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i) On or before June 30, 2024, the Grantee submits an alternative disbursement
plan to HCFC that includes an explanation for the delay.
ii) HCFC approves the alternative disbursement plan or provides the Grantee
with guidance on the revisions needed in order to approve the alternative
disbursement plan.
iii) If the funds identified in the approved alternative disbursement plan are
not fully expended by December 31 , 2024, the funds shall be returned to the
HCFC to be allocated as bonus awards.
f) Grantees that are counties shall contractually obligate the full
allocation (100 percent) awarded to them by May 31 , 2024- Any funds that are
not contractually obligated by this date shall be reverted to the Continuum of
Care that serves the county. Specific to Los Angeles County, funds that are not
contractually obligated by this date shall be divided proportionately using the
HHAP-3 funding allocation formula among the four CoC's that serve Los Angeles
County: City of Glendale CoC, City of Pasadena CoC, the City of Long
Beach CoC, and the Los Angeles Homeless Services Authority.
Counties not obligating their full program allocation by May 31 , 2024 are required
to notify HCFC, on or before that date, of the name of the CoC(s) in which the
county is served, and the amount of program funds that will be reverted to
the CoC(s). By June 30, 2024, the county shall provide HCFC with evidence that
the funds were transferred and submit an updated budget that clearly identifies
the funds that were transferred.
g) Grantees that do not meet the expenditure deadlines in HSC § 50220.7(k) shall
not be eligible for bonus funding.
h) HHAP-3 funds shall be expended by June 30, 2026
i) In accordance with Health and Safety Code section 50220.5, subdivision (1),
HCFC retains the right to require a corrective action plan of grantees that are not
on track to fully expend funds by the statutorily required deadline.
j) Any funds not expended by June 30, 2026 shall be available for round 4 of the
program pursuant to HSC § 50218 7.
7) Special Conditions
Agency reserves the right to add any special conditions to this Agreement it deems
necessary to ensure that the goals of the Program are achieved.
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Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement
EXHIBIT B
BUDGET DETAIL and DISBURSEMENT PROVISIONS
1) Budget Detail & Changes
The Grantee agrees that HHAP-3 funds shall be expended on uses that support
regional coordination and expand or develop local capacity to address immediate
homelessness challenges. Such activities must be informed by a best-practices
framework focused on moving people experiencing homelessness into permanent
housing and supporting the efforts of those individuals and families to maintain their
permanent housing.
The Grantee shall expend this initial disbursement of HHAP-3 funds on eligible
activities as detailed in Health and Safety Code Section 50220.7, subdivisions
(a)(4)(13), (a)(5), (e), and (f).
2) General Conditions Prior to Disbursement
All Grantees must submit the following forms prior to HHAP-3 funds being released:
• Request for Funds Form ("RFF")
• STD 213 Standard Agreement form and initialed Exhibits A through F
• STD 204 Payee Data Record or Government Agency Taxpayer ID Form
3) Disbursement of Funds
HHAP-3 funds will be disbursed to the Grantee upon receipt, review and approval of
the completed Standard Agreement and RFF by Agency, the Department of General
Services (DGS) and the State Controller's Office (SCO).
The RFF must include the proposed eligible uses and the amount of funds proposed
for expenditure under each eligible use. This initial disbursement of HHAP-3 funds
will be disbursed in one allocation via mailed check once the RFF has been received
by the SCO. Checks will be mailed to the address and contact name listed on the
RFF. Grantee agrees that in order to receive the remaining balance of the allocation
awarded to them pursuant HSC § 50218.6(a)(1), Grantee must submit an application
that meets the requirements of HSC § 50220.7(b) and this application must be
approved by HCFC prior to a second disbursement of funds. Additionally, Grantee
will be required to enter into a separate Standard Agreement in order to receive their
remaining allocation.
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4) Expenditure of Funds
This initial disbursement of HHAP-3 funds must be spent in accordance with HSC
sections 50218.6(e) and 50220.7, subdivisions (a)(4)(B), (a)(5), (e), and (f), as
described in Exhibit A, Section 4 "Scope of Work".
5) Ineligible Costs
HHAP-3 funds shall not be used for costs associated with activities in violation of
any law or for any activities not consistent with the intent of the Program and
the eligible uses identified in Health and Safety Code section 50220.7, subdivisions
(a)(4)(B), (a)(5), (e), and (f).
HCFC reserves the right to request additional clarifying information to determine the
reasonableness and eligibility of all uses of the funds made available by this
Agreement. If the Grantee or its funded subrecipients use HHAP-3 funds to pay
for ineligible activities, the Grantee shall be required to reimburse these funds
to Agency.
An expenditure which is not authorized by this Agreement, or by written approval of
the Grant Manager or his/her designee, or which cannot be adequately documented,
shall be disallowed and must be reimbursed to Agency by the Grantee.
HCFC, at its sole and absolute discretion, shall make the final determination
regarding the allowability of HHAP-3 fund expenditures.
Program funds shall not be used to supplant existing local funds for homeless
housing, assistance, or prevention.
Reimbursements are not permitted in HHAP-3 for any expenditures prior to the date
of execution of this Agreement.
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Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP•3)
Standard Agreement
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1) Termination and Sufficiency of Funds
a) Termination of Agreement
Agency may terminate this Agreement at any time for cause by giving a minimum
of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist
of violations of any conditions of this Agreement, any breach of contract as
described in paragraph 6 of this Exhibit C; violation of any federal or state laws;
or withdrawal of Agency's expenditure authority. Upon termination of this
Agreement, unless otherwise approved in writing by Agency, any unexpended
funds received by the Grantee shall be returned to Agency within 30 days
of Agency's notice of termination.
b) Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made
available to Agency by legislative appropriation. In addition, this Agreement is
subject to any additional restrictions, limitations or conditions, or statutes,
regulations or any other laws, whether federal or those of the State of California,
or of any agency, department, or any political subdivision of the federal or State
of California governments, which may affect the provisions, terms or funding of
this Agreement in any manner.
2) Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other
means, the rights, duties, or performance of this Agreement or any part thereof,
except as allowed within Exhibit C Section 12 (Special Conditions — Grantees/Sub
Grantee) or with the prior written approval of HCFC and a formal amendment to this
Agreement to affect such subcontract or novation.
3) Grantee's Application for Funds
Pursuant to HSC § 50220.7(a)(1), Grantee is required to submit to HCFC an
application for the remainder of their HHAP-3 allocation to support regional
coordination and expand or develop local capacity to address its immediate
homelessness challenges.
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4) Reportin-g/Audits
a) Reporting Requirements
i) Activities funded under this Agreement shall be reported on in the first
expenditure report submitted to HCFC following the disbursement of the
remaining funds. If the Grantee fails to provide such documentation, HCFC
may recapture any portion of the amount authorized by this Agreement with a
14-day written notification.
ii) Grantee is also required to comply with the reporting requirements in HSC §
50221 and 50223, as applicable
b) Auditing
Agency reserves the right to perform or cause to be performed a financial audit.
At Agency request, the Grantee shall provide, at its own expense, a financial
audit prepared by a certified public accountant. HHAP-3 administrative funds
may be used to fund this expense. Should an audit be required, the Grantee shall
adhere to the following conditions:
i) The audit shall be performed by an independent certified public accountant.
ii) The Grantee shall notify Agency of the auditor's name and address
immediately after the selection has been made. The contract for the audit
shall allow access by Agency to the independent auditor's working papers.
iii) The Grantee is responsible for the completion of audits and all costs of
preparing audits.
iv) If there are audit findings, the Grantee must submit a detailed response
acceptable to Agency for each audit finding within 90 days from the date of
the audit finding report.
5) Inspection and Retention of Records
a) Record Inspection
HCFC or its designee shall have the right to review, obtain, and copy all records
and supporting documentation pertaining to performance under this Agreement.
The Grantee agrees to provide HCFC, or its designee, with any relevant
information requested. The Grantee agrees to give HCFC or its designee access
to its premises, upon reasonable notice and during normal business hours, for
the purpose of interviewing employees who might reasonably have information
related to such records, and of inspecting and copying such books, records,
accounts, and other materials that may be relevant to
an investigation of compliance with the Homeless Housing, Assistance, and
Prevention Program laws, the HHAP-3 program guidance document published
on the website, and this Agreement.
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In accordance with Health and Safety Code section 50220.7, subdivision (m), if
upon inspection of records HCFC identifies noncompliance with grant
requirements. HCFC retains the right to impose a corrective action plan on the
Grantee.
b) Record Retention
The Grantee further agrees to retain all records described in subparagraph A for
a minimum period of five (5) years after the termination of this Agreement.
If any litigation, claim, negotiation, audit, monitoring, inspection or other action
has been commenced before the expiration of the required record retention
period, all records must be retained until completion of the action and resolution
of all issues which arise from it.
6) Breach and Remedies
a) Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
i) Grantee's failure to comply with the terms or conditions of this Agreement.
ii) Use of, or permitting the use of, HHAP-3 funds provided under this
Agreement for any ineligible activities.
iii) Any failure to comply with the deadlines set forth in this Agreement.
b) Remedies for Breach of Agreement
In addition to any other remedies that may be available to Agency in law or equity
for breach of this Agreement, Agency may:
i) Bar the Grantee from applying for future HHAP funds;
ii) Revoke any other existing HHAP-3 award(s) to the Grantee;
iii) Require the return of any unexpended HHAP-3 funds disbursed under this
Agreement;
iv) Require repayment of HHAP-3 funds disbursed and expended under this
Agreement;
v) Require the immediate return to Agency of all funds derived from the use of
HHAP-3 funds
vi) Seek, in a court of competent jurisdiction, an order for specific performance of
the defaulted obligation or participation in the technical assistance in
accordance with HHAP-3 requirements.
c) All remedies available to Agency are cumulative and not exclusive.
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d) Agency may give written notice to the Grantee to cure the breach or
violation within a period of not less than 15 days.
7) Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior
or subsequent breach. The failure of Agency to enforce at any time the provisions of
this Agreement, or to require at any time, performance by the Grantee of these
provisions, shall in no way be construed to be a waiver of such provisions nor to
affect the validity of this Agreement or the right of Agency to enforce
these provisions.
8) Nondiscrimination
During the performance of this Agreement, Grantee and its subrecipients shall not
unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex (gender), sexual orientation, gender
identity, gender expression, race, color, ancestry, religion, creed, national origin
(including language use restriction), pregnancy, physical disability (including HIV and
AIDS), mental disability, medical condition (cancer/genetic characteristics), age
(over 40), genetic information, marital status, military and veteran status, and denial
of medical and family care leave or pregnancy disability leave. Grantees and Sub
grantees shall ensure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment.
Grantee and its subrecipients shall comply with the provisions of California's laws
against discriminatory practices relating to specific groups: the California Fair
Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations
promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the
provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government
Code (Gov. Code, §§ 11135 - 11139.5). Grantee and its subrecipients shall give
written notice of their obligations under this clause to labor organizations with which
they have a collective bargaining or other agreement.
9) Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. For
instance, Health and Safety Code section 50220.5, subdivision (i) states, " For
purposes of Section 1090 of the Government Code, a representative of a county
serving on a board, committee, or body with the primary purpose of administering
funds or making funding recommendations for applications pursuant to this chapter
shall have no financial interest in any contract, program, or project voted on by the
board, committee, or body on the basis of the receipt of compensation for holding
public office or public employment as a representative of the county."
Failure to comply with these laws, including business and financial disclosure
provisions, will result in the application being rejected and any subsequent contract
being declared void. Other legal action may also be taken. Additional applicable
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Exhibit E
Fresno County
22-HHAP-10015
Page 15 of 26
statutes include, but are not limited to, Government Code section 1090 and Public
Contract Code sections 10410 and 10411.
a) Current State Employees: No State officer or employee shall engage in any
employment, activity, or enterprise from which the officer or employee receives
compensation or has a financial interest, and which is sponsored or funded by
any State agency, unless the employment, activity, or enterprise is required as a
condition of regular State employment. No State officer or employee shall
contract on his or her own behalf as an independent Grantee with any State
agency to provide goods or services.
b) Former State Employees: For the two-year period from the date he or she left
State employment, no former State officer or employee may enter into a contract
in which he or she engaged in any of the negotiations, transactions, planning,
arrangements, or any part of the decision-making process relevant to the
contract while employed in any capacity by any State agency. For the twelve-
month period from the date he or she left State employment, no former State
officer or employee may enter into a contract with any State agency if he or she
was employed by that State agency in a policy-making position in the same
general subject area as the proposed contract within the twelve-month period
prior to his or her leaving State service.
c) Employees of the Grantee: Employees of the Grantee shall comply with all
applicable provisions of law pertaining to conflicts of interest, including but not
limited to any applicable conflict of interest provisions of the Political Reform
Act of 1974 (Gov. Code, § 81000 et seq.).
d) Representatives of a County: A representative of a county serving on a board,
committee, or body with the primary purpose of administering funds or making
funding recommendations for applications pursuant to this chapter shall have no
financial interest in any contract, program, or project voted on by the board,
committee, or body on the basis of the receipt of compensation for holding public
office or public employment as a representative of the county.
10)Druq-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies,
under penalty of perjury under the laws of State of California, that it and its
subrecipients will comply with the requirements of the Drug-Free Workplace Act of
1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by
taking the following actions:
Publish a statement notifying employees and subrecipients that unlawful
manufacture distribution, dispensation, possession, or use of a controlled substance
is prohibited and specifying actions to be taken against employees, Grantees, or
subrecipients for violations, as required by Government Code section 8355,
subdivision (a)(1).
i
YSf�
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Exhibit E
Fresno County
22-HHAP-10015
Page 16 of 26
a) Establish a Drug-Free Awareness Program, as required by Government Code
section 8355, subdivision (a)(2) to inform employees, Grantees, or
subrecipients about all of the following:
i) The dangers of drug abuse in the workplace;
ii) Grantee's policy of maintaining a drug-free workplace;
iii) Any available counseling, rehabilitation, and employee assistance program;
and
iv) Penalties that may be imposed upon employees, Grantees, and
subrecipients for drug abuse violations.
b) Provide, as required by Government Code section 8355, subdivision (a)(3), that
every employee and/or subrecipient that works under this Agreement:
i) Will receive a copy of Grantee's drug-free policy statement, and
ii) Will agree to abide by terms of Grantee's condition of employment or
subcontract.
11►Child Support Compliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in
accordance with Public Contract Code 7110, that:
a) The Grantee recognizes the importance of child and family support obligations
and shall fully comply with all applicable state and federal laws relating to child
and family support enforcement, including, but not limited to, disclosure of
information and compliance with earnings assignment orders, as provided in
Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family
Code; and
b) The Grantee, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
12)Special Conditions — Grantees/Subgrantee
The Grantee agrees to comply with all conditions of this Agreement including
the Special Conditions set forth in Exhibit D. These conditions shall be met to the
satisfaction of Agency prior to disbursement of funds. The Grantee shall ensure that
all Subgrantees are made aware of and agree to comply with all the conditions of
d
Initial
Exhibit E
Fresno County
22-HHAP-10015
Page 17 of 26
this Agreement and the applicable State requirements governing the use of HHAP-3
funds. Failure to comply with these conditions may result in termination of this
Agreement.
a) The Agreement between the Grantee and any Subgrantee shall require
the Grantee and its Subgrantees, if any, to:
i) Perform the work in accordance with Federal, State and Local housing and
building codes, as applicable.
ii) Maintain at least the minimum State-required worker's compensation for
those employees who will perform the work or any part of it.
iii) Maintain, as required by law, unemployment insurance, disability insurance,
and liability insurance in an amount that is reasonable to compensate any
person, firm or corporation who may be injured or damaged by the Grantee or
any Subgrantee in performing the Work or any part of it.
iv) Agree to include all the terms of this Agreement in each subcontract.
13)Compliance with State and Federal Laws Rules Guidelines and Requiations
The Grantee agrees to comply with all state and federal laws, rules and regulations
that pertain to construction, health and safety, labor, fair employment practices,
environmental protection, equal opportunity, fair housing, and all other matters
applicable and/or related to the HHAP-3 program, the Grantee, its subrecipients, and
all eligible activities.
Grantee shall also be responsible for obtaining any and all permits, licenses, and
approvals required for performing any activities under this Agreement, including
those necessary to perform design, construction, or operation and maintenance of
the activities. Grantee shall be responsible for observing and complying with any
applicable federal, state, and local laws, rules or regulations affecting any such work,
specifically those including, but not limited to, environmental protection,
procurement, and safety laws, rules, regulations, and ordinances. Grantee shall
provide copies of permits and approvals to HCFC upon request.
14)lnspections
a) Grantee shall inspect any work performed hereunder to ensure that the work is
being and has been performed in accordance with the applicable federal, state
and/or local requirements, and this Agreement.
b) HCFC reserves the right to inspect any work performed hereunder to ensure that
the work is being and has been performed in accordance with the
applicable federal, state and/or local requirements, and this Agreement.
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Exhibit E
Fresno County
22-HHAP-10015
Page 18 of 26
c) Grantee agrees to require that all work that is determined based on such
inspections not to conform to the applicable requirements be corrected and to
withhold payments to the subrecipient until it is corrected.
15)Litigation
a) If any provision of this Agreement, or an underlying obligation, is held invalid by a
court of competent jurisdiction, such invalidity, at the sole discretion
of Agency, shall not affect any other provisions of this Agreement and the
remainder of this Agreement shall remain in full force and effect. Therefore, the
provisions of this Agreement are and shall be deemed severable.
b) The Grantee shall notify HCFC immediately of any claim or action undertaken by
or against it, which affects or may affect this Agreement or Agency, and shall take
such action with respect to the claim or action as is consistent with the terms of
this Agreement and the interests of Agency.
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Exhibit E
Fresno County
22-HHAP-10015
Page 19 of 26
Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1) All proceeds from any interest-bearing account established by the Grantee for the
deposit of HHAP-3 funds, along with any interest-bearing accounts opened
by subrecipients to the Grantee for the deposit of HHAP-3 funds, must be used for
HHAP-3-eligible activities and reported on as required by Agency.
2) Per Health and Safety Code Section 50220.7 (g), any housing-related activities
funded with HHAP-3 funds, including but not limited to emergency shelter (per HSC
§ 50220.7(e)(8)(F)). rapid-rehousing, rental assistance, transitional housing and
permanent supportive housing, must be in compliance or otherwise aligned with
the core components of Housing First, as described in Welfare and
Institutions Code section 8255, subdivision (b). Individuals and families assisted with
these funds must not be required to receive treatment or perform any other
prerequisite activities as a condition for receiving shelter, housing, or other services
for which these funds are used. In addition, HHAP-3 funding shall be used to adopt a
Housing First approach within the entire local homelessness response system,
including outreach and emergency shelter, short-term interventions like rapid re-
housing, and longer-term interventions like supportive housing.
3) Grantee shall utilize its local Homeless Management Information System (HMIS) to
track HHAP-3-funded projects, services, and clients served. Grantee will ensure that
HMIS data are collected in accordance with applicable laws and in such a way as to
identify individual projects, services, and clients that are supported by HHAP-3
funding (e.g., by creating appropriate HHAP-3-specific funding sources and project
codes in HMIS).
4) Grantee shall participate in and provide data elements, including, but not limited to,
health information, in a manner consistent with federal law, to the statewide
Homeless Management Information System (known as the Homeless Data
Integration System or "HDIS"), in accordance with their existing Data Use
Agreement entered into with the Council, if any, and as required by Health and
Safety Code section 50220.6. Any health information provided to, or maintained
within, the statewide Homeless Management Information System shall not be
subject to public inspection or disclosure under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code). For purposes of this paragraph, "health information" means
"protected health information," as defined in Part 160.103 of Title 45 of the Code of
Federal Regulations, and "medical information," as defined in subdivision 0) of
Section 56.05 of the Civil Code. The Council may, as required by operational
necessity, amend or modify required data elements, disclosure formats, or
disclosure frequency. Additionally, the Council, at its discretion, may provide
U
Initial
Exhibit E
Fresno County
22-HHAP-10015
Page 20 of 26
Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in
support of the Purpose of this Agreement and the existing Data Use Agreement.
5) Grantee agrees to accept technical assistance as directed by HCFC or by a
contracted technical assistance provider acting on behalf of HCFC and report to
HCFC on programmatic changes the grantee will make as a result of the technical
assistance and in support of their grant goals.
6) Grantee agrees to demonstrate a commitment to racial equity and, per Section
50222 (a)(2)(B), the grantee shall use data provided through HDIS to analyze racial
disproportionality in homeless populations and, in partnership with HCFC, establish
clear metrics and performance monitoring for achieving equity in provision of
services and outcomes for Black, Native, and Indigenous, Latinx, Asian, Pacific
Islanders and other People of Color who are disproportionately impacted by
homelessness and COVID-19.
7) Grantee should establish a mechanism for people with lived experience of
homelessness to have meaningful and purposeful opportunities to inform and shape
all levels of planning and implementation, including through opportunities to hire
people with lived experience.
Initial
hibit E
Fresno ounty
22-HHAP-10015
Page 21 of 26
Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement
EXHIBIT E
STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS
This exhibit is incorporated by reference and made part of this agreement. The General
Terms and Conditions (GTC 04/2017) can be viewed at the following link:
https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-
FINALapri12017.pdf?la=en&hash=3A64979F777D5B9D35309433EE81969FD69052D2
In the interpretation of this Agreement, any inconsistencies between the State of
California General Terms and Conditions (GTC - 04/2017) and the terms of this
Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and
its exhibits/attachments.
Initial
Exhibit E
Fresno County
22-HHAP-10015
Page 22 of 26
Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement
EXHIBIT F
STANDARD AGREEMENT TO APPLY
ilk
Initial
Exhibit E
Fresno County
122-�HAP-10015
Business,Consumer Services and Housing Agency NOMELEss CO WZ3 of 26
Gavin Newsom,Governor I Lourdes M.Castro Ramirez,Secretary AND FINANCING CIOUNC11
Agreement No. 21-409
Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3)
Standard Agreement to Apply
HHAP-3 funding is provided pursuant to Health & Safety Code 50220.7(a) and requires all eligible
applicants to submit this Standard Agreement to Apply no later than 5:00pm on October 15,2021, In this
agreement, applicants must indicate whether they intend to apply for FIHAP-3 funding jointly with on
overlapping jurisdiction or apply as on individual entity. For any eligible applicant who does not submit
an agreement by the deadline, HCFC may choose to re-allocate the applicant's allocation to an
overlapping jurisdiction I.
Eligible applicants applying jointly with an overlapping jurisdiction will designate one of the jointly
applying jurisdictions as the Administrative Entity which will enter into contract with the HCFC to
administer the combined allocations of the joint applicants. Applicants may only apply jointly with a
Continuum of Care (CoC), large city, or county that serves an overlapping region.The Administrative
Entity is required to submit a binding resolution or agreement that designates a single Administrative
Entity for the combined allocations and an explanation of how the jointly applying applicants will
administer the funds allocated to them pursuant to this section, This binding resolution or agreement
must be signed by the authorized representatives of all applicants and must be submitted with the
signed HHAP-3 Initial Disbursement Contract for Funding, separate from the Standard Agreement to
Apply.
By submitting this form, you agree to participate In the HHAP-3 application process as Indicated below
and comply with all requirements as set forth in Health and Safety Code 50220.7.
APPLICATION SUBMISSION INFORMATION
ALL APPLICANTS:
Eligible Applicant Jurisdiction
❑Large City: ❑✓ County County of Fresno
❑ Continuum of Care: CoC Number:
Administrative Entity: County of Fresno
Contact Person: Laura Moreno
Title: Program Manager
Contact Phone Number: 559-600-2335
Contact Email Address: Ihaga@fresnocountyca.gb
Individual or Joint Application Designation:
will submit an Individual application for HHAP-3
funding
County of Fresno will submit a joint application for HHAP-3 funding
with the following overlapping jurisdiction(s):
' For the purposes of the HHAP program, overlapping jurisdictions are eligible applicants that are located within the
some geographic area as the local CoC.
HHAP•3 Agreement to Apply 1
Published 9/15/2021
Initial
Exhibit E
Fresno County
22-HHAP-10015
Jurisdiction Name Applicant Type (County, dt9,% i
Fresno Madera Continuum of Care CoC
JOINT APPLICANTS ONLY:
Fund Disbursement/Contract Execution
The jointly applying jurisdictions designate the following jurisdiction as the Administrative Entity of the
total combined allocations and acknowledge that the Administrative Entity will enter into legal
agreement with HCFC and receive any disbursements for which the jointly applying jurisdictions may be
deemed eligible.
Administrative Entity:
❑CoC ❑Large City RlCounty
Name of Applicant: County of Fresno
Joint Applicants agree to the following:
l. Joint Applicants must designate a single Administrative Entity to receive the entire combined HHAP-
3 allocations.
2. The Administrative Entity must be a CoC, large city (if applicable). or county that serves the some
region.
3. The Administrative Entity receiving allocations on behalf of joint applicants shall use the funds in the
jurisdiction(s) entitled to the funds or to provide regional housing or services that serve the
population living in each of the jurisdiction(s) entitled to the funds.
4. The Administrative Entity is responsible for complying with all program expenditure requirements and
deadlines for the total combined allocations it is administering.
5. The Administrative Entity must enter into a binding resolution or agreement with joint applicants to
designate the Administrative Entity for the combined allocations which includes an explanation of
how the jointly applying applicants will administer the funds allocated to them. This binding
resolution or agreement must be signed by authorized representatives and will be included with the
contract for funds.
6. The HHAP-3 joint application will clearly identify the intended use of all the funds from each jointly
applying jurisdiction.
7. The HHAP-3 joint application will clearly describe in detail the collaboration between the jointly
applying jurisdictions and an explanation of how the jointly applying jurisdictions will partner to meet
their program goals.
8. The performance goals set in the HHAP-3 joint application will be used to determine the joint
applicants' eligibility for future bonus funding.
HHAP-3 Agreement to Apply 1
Published 9/15/2021 r
Initial
Exhibit E
Fresno County
22-HHAP-10015
Page 25 of 26
HHAP-3 APPLICATION REQUIREMENTS
Application Requirements—All APPLICANTS:
By initialing below. the eligible applicant(s) acknowledges their intent to participate in the HHAP-3
application process as follows:
tt4the eligible applicants) will receive on Initial disbursement equaling no more than 20% (or 25%
for loapplying applicants) of their total allocation if this Agreement to Participate is submitted by
5:00pm on October 15, 2021 per HSC 50220.7(a)(4)(A)(ii),
Initial funds may be used to complete the local homeless action plan, as required by HSC
50220. (b)(3)(A), including paying for any technical assistance or contracted entities to support the
completion of the homelessness action plan.
Ze (QQ)As stated in HSC § 50220.7(a)(5), priority for Initial funds, above the costs of completing the
home essness action plan, shall be for systems improvement, including, but not limited to, all of the
following:
(A) Capacity building and workforce development for service providers within the
jurisdiction, including removing barriers to contracting with culturally specific service
providers and building capacity of providers to administer culturally specific services.
(B) Funding existing evidence-based programs serving people experiencing
homelessness.
(C) Investing in data systems to meet reporting requirements or strengthen the recipient's
Homeless Management Information System.
(D) Improving homeless point-in-time counts.
(E) improving coordinated entry systems to eliminate racial bias or to create a youth-
specific coordinated entry system.
To receive the remaining balance of its round 3 program allocation, an applicant shall submit
an a plication to the council by June 30, 2022, that includes a local homelessness action plan and
specific outcome goals in accordance with the requirements laid out in HSC § 50220.7(b).
The applicant shall engage with the council on its local plan and outcome goals before
sul3_mft<ng a complete application, per HSC § .50220.7(b)(1).
For city, county, and continuum of care applicants, local homelessness action plans pursuant
to S 50220.7(b)(3)(A) and outcome goals pursuant to HSC § 50220.7(b)(3)(C) shall be agendized at
a regular meeting of the governing body, including receiving public comment, before being submitted
to the council, per HSC § 50220,7(b)(2).
A complete application shall conform to the requirements laid out in HSC § 50220.7(b)(3).
FORM CONTINUES ON PAGE 4
I4HAP-3 Agreement to Apply
Published 9/15/2021 II\`
Initial
Exhibit E
Fresno County
22-HHAP-10015
Page 26 of 26
HHAP-3 GRANTEE AWARD DISBURSEMENT INFORMATION
ALL APPLICANTS:
Instructions: Please fill out the information below, which is needed to process your HHAP Round
3 (HHAP-3) initial award disbursement:
Administrative Entity/Contracting Agency Name
County of Fresno
Administrative Entity/Contracting Agency Business Address
P.O. Box 1912, Fresno, CA 93718
Contract Manager Name
Laura Moreno
Contract Manager Email Address
Ihaga@fresnocountyca.gov
Contract Manager Phone Number
559-600-2335
Award Check Mailing Address (Include "Attention to:" If applicable)
County of Fresno
P.O. Box 24055, Fresno, CA 93779
For grantees who have previously contracted with BCSH, in order to reduce the amount of
paperwork needed to process your HHAP-3 award, HCFC is offering the opportunity to use the
Tax ID Form (Government Taxpayer ID Form for governmental entities or STD 204 Form for non-
governmental entities) and/or Authorized Signatory Form currently on file with HCFC for
HHAP-3 award disbursements. You may revoke these authorizations by submitting an
updated Tax ID Form or Authorized Signatory Form to hhap®bcsh.ca.gov.
Select one:
✓�The information on the Tax ID Form used for the HHAP-2 award disbursement is accurate,
and I am authorizing HCFC to use the previously submitted form for the HHAP-3 initial
award disbursement
❑1 have included a new Tax ID Form for the initial HHAP-3 award disbursement
Select one:
❑✓ The information on the most recent Authorized Signatory Form on file with HCFC is
accurate, and I am authorizing HCFC to use the form on file for HHAP-3
❑1 have included a new authorized signatory form for HHAP-3
CERTIFICATION
I certify that the signature below Is authorized to sign for all applicable documents for the HHAP-3 grant
on behalf of the Eligible Applicant Jurisdiction listed above.
ATTEST:
BERNICE E.SEIDEL
Steve Brandau, Ch irman, County of Fresno Board of Supervisors Clerk of the Board of Supervisors
Name and Title 9 t orized Representative County f Fresno,Se of C Ufomia
By 1
Deputy
Signatur of Authorized Representative Date
HHAP-3 Agreement to Apply 4
Published 9/15/2021
Initial
Exhibit E
FOR ACCOUNTING USE ONLY:
SRF Org: 1132 Homeless Services
Fund:0065
Subclass: 17237
Account: 3575-State Other
Exhibit F
SCO ID: 0515-23-HHAP-10021 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 111E
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
Page 1 of 2
SCO ID: 0515-23-HHAP-10021 Exhibit F
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
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 DATESIGNED
Aug 22,2023
CALIF8RNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(I#Applicable)
Page 2 of 2
SCO ID: 0515-23-HHAP-10021 Exhibit F
County of Fresno
23-HHAP-10021
Page 1 of 24
Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4)
Standard Agreement
Contract for Funds
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
1) Authority
The State of California has established the Homeless Housing, Assistance, and
Prevention Program Round 4 ("HHAP-4" or "Program") pursuant to Chapter 6
(commencing with Health and Safety Code (HSC) section 50216) of Part 1 of
Division 31 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 111, Sec.
4. (AB 140) Effective July 19, 2021.)
The Program is administered by the California Interagency Council on
Homelessness ("Cal ICH") in the Business, Consumer Services and Housing
Agency ("Agency") HHAP-4 provides flexible block grant funds
to Continuums of Care, large cities (population of 300,000+) and counties to build on
the regional coordination created through previous Cal ICH grant funding and
support local jurisdictions in their unified regional responses to reduce and end
homelessness.
This Standard Agreement/Contract for Funds along with all its exhibits ("Agreement")
is entered into by Cal ICH and a Continuum of Care, a city, or a county ("Grantee")
under the authority of, and in furtherance of the purpose of, the Program. In signing
this Agreement and thereby accepting this award of funds, the Grantee agrees to
comply with the terms and conditions of this Agreement, and the requirements
appearing in the statutory authority for the Program cited above.
2) Purpose
The general purpose of the Program is to (1) reduce homelessness by expanding or
developing local capacity to address immediate homelessness challenges informed
by a best-practices framework focused on moving homeless individuals and families
into permanent housing and supporting the efforts of those individuals and families
to maintain their permanent housing; and (2) continue to build on regional
coordination developed through previous rounds of HHAP funding (Chapter 6
(commencing with HSC section 50216),
This funding shall:
a) Continue to build regional collaboration between continuums of care, counties,
and cities in a given region, regardless of population, and ultimately be used to
develop a unified regional response to homelessness.
Initial Her .
SCO ID: 0515-23-HHAP-10021 Exhibit F
County of Fresno
23-HHAP-10021
Page 2 of 24
b) Be paired strategically with other local, state, and federal funds provided to
address homelessness in order to achieve maximum impact. Grantees of this
funding are encouraged to reference Putting the Funding Pieces Together Guide
to Strategic Uses of New and Recent State and Federal Funds to Prevent and
End Homelessness to assist in using funding strategically for their planning
efforts in the delivery of services to people experiencing homelessness in the
community.
c) Be deployed with the goal of reducing the number of people experiencing
homelessness in a given region through investing in long-term solutions, such as
permanent housing
d) Include the State as an integral partner through the provision of technical
assistance, sharing of best practices, and implementing an accountability
framework to guide the structure of current and future state investments.
3) Definitions
The following HHAP-4 program terms are defined in accordance with Health
and Safety Code section 50216, subdivisions (a) — (r):
a) "Agency" means the Business, Consumer Services, and Housing Agency.
b) "Applicant" means a Continuum of Care, city, county, or tribe.
c) "City" means a city or city and county that is legally incorporated to provide local
government services to its population. A city can be organized either under the
general laws of this state or under a charter adopted by the local voters.
d) "Continuum of Care" means the same as defined by the United States
Department of Housing and Urban Development at Section 578.3 of Title 24 of the
Code of Federal Regulations.
e) "Coordinated Entry System" means a centralized or coordinated process
developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations.
as that section read on January 10, 2019, designed to coordinate homelessness
program participant intake, assessment, and provision of referrals. In order to satisfy
this subdivision, a centralized or coordinated assessment system shall cover the
geographic area, be easily accessed by individuals and families seeking housing or
services, be well advertised, and include a comprehensive and standardized
assessment tool.
Initial He(�6
SCO ID: 0515-23-HHAP-10021 Exhibit F
County of Fresno
23-HHAP-10021
Page 3 of 24
f) "Council" means the California Interagency Council on Homelessness, formerly
known as the Homeless Coordinating and Financing Council created pursuant to
Section 8257 of the Welfare and Institutions Code.
g) "Emergency shelter" has the same meaning as defined in subdivision (e) of
Section 50801.
h) "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the
Code of Federal Regulations. as that section read on January 10, 2019.
i) "Homeless Management Information System" means the information system
designated by a Continuum of Care to comply with federal reporting requirements as
defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term
"Homeless Management Information System" also includes the use of a comparable
database by a victim services provider or legal services provider that is permitted by
the federal government under Part 576 of Title 24 of the Code of Federal
Regulations.
j) "Homeless point-in-time count" means the most recent point-in-time count that
requires a sheltered and unsheltered count pursuant to Section 578.3 of Title 24 of
the Code of Federal Regulations completed by all applicants.
k) "Homeless youth" means an unaccompanied youth between 12 and 24 years of
age, inclusive, who is experiencing homelessness, as defined in subsection (2) of
Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C.
Sec. 11434a(2)). "Homeless youth" includes unaccompanied youth who are
pregnant or parenting.
1) "Housing First" has the same meaning as in Section 8255 of the Welfare and
Institutions Code, including all of the core components listed therein.
m) "Jurisdiction" means a city, city that is also a county. county, or Continuum of
Care, as defined in this section.
n) "Navigation center" means a Housing First, low-barrier, service-enriched shelter
focused on moving homeless individuals and families into permanent housing that
provides temporary living facilities while case managers connect individuals
experiencing homelessness to income, public benefits, health services, shelter, and
housing.
o) "Program" means the Homeless Housing. Assistance, and Prevention program
established pursuant to this chapter.
1) "Round 1" of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1, 2019.
Initial Her
SCO ID: 0515-23-HHAP-10021 Exhibit F
County of Fresno
23-HHAP-10021
Page 4 of 24
2) "Round 2" of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1, 2020.
3) "Round 3" of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1, 2021.
4) "Round 4' of the program means the funding allocated under the program with
moneys appropriated during the fiscal year beginning on July 1. 2022.
p) "Program allocation" means the portion of program funds available to expand or
develop local capacity to address immediate homelessness challenges.
q) "Recipient" means a jurisdiction that receives funds from the Cal ICH for the
purposes of the program.
r) "Tribe" or "tribal applicant' means a federally recognized tribal government
pursuant to Section 4103 of Title 25 of the United States Code.
Additional definitions for the purposes of the HHAP-4 program:
"Obligate" means that the Grantee has placed orders, awarded contracts, received
services, or entered into similar transactions that require payment using HHAP-4
funding. Grantees, and the subrecipients who receive awards from those Grantees,
must obligate the funds by the statutory deadlines set forth in this Exhibit A.
"Expended" means all HHAP-4 funds obligated under contract or subcontract have
been fully paid and receipted, and no invoices remain outstanding.
4) Scope of Work
The Scope of Work ("Work") for this Agreement shall include uses that
are consistent with Health and Safety Code section 50218.7, subdivision (e), and
section 50220.8, subdivisions (e), (0, and (g), and any other applicable laws.
The Grantee shall expend funds on evidence-based programs serving people
experiencing homelessness among eligible populations, including any of the
following eligible uses.-
a) Rapid rehousing, including rental subsidies and incentives to landlords, such as
security deposits and holding fees.
b) Operating subsidies in new and existing affordable or supportive housing units,
emergency shelters, and navigation centers. Operating subsidies may include
operating reserves.
Initial Her
SCO ID: 0515-23-HHAP-10021 Exhibit F
County of Fresno
23-HHAP-10021
Page 5 of 24
c) Street outreach to assist persons experiencing homelessness to access
permanent housing and services
d) Services coordination, which may include access to workforce, education, and
training programs, or other services needed to promote housing stability in
supportive housing.
e) Systems support for activities necessary to create regional partnerships and
maintain a homeless services and housing delivery system, particularly for
vulnerable populations including families and homeless youth.
f) Delivery of permanent housing and innovative housing solutions, such as hotel
and motel conversions.
g) Prevention and shelter diversion to permanent housing, including rental
subsidies.
h) Interim sheltering, limited to newly developed clinically enhanced congregate
shelters, new or existing noncongregate shelters, and operations of existing
navigation centers and shelters based on demonstrated need. Demonstrated
need for purposes of this paragraph shall be based on the following:
i) The number of available shelter beds in the city, county, or region served by a
Continuum of Care.
ii) The number of people experiencing unsheltered homelessness in the
homeless point-in-time count.
iii) Shelter vacancy rate in the summer and winter months.
iv) Percentage of exits from emergency shelters to permanent housing solutions.
v) A plan to connect residents to permanent housing.
vi) Any new interim sheltering funded by HHAP-4 funds must be low barrier,
comply with Housing First as provided in Chapter 6.5 (commencing with Section
8255) of Division 8 of the Welfare and Institutions Code, and prioritize
interventions other than congregate shelters.
i) Improvements to existing emergency shelters to lower barriers and increase
privacy.
In addition to the eligible uses described above, the Grantee's expenditure of its
entire HHAP-4 allocation must also comply with the following:
Initial Her
SCO ID: 0515-23-HHAP-10021 Exhibit F
County of Fresno
23-HHAP-10021
Page 6 of 24
a) At least 10 percent of the funds shall be spent on services for homeless youth
populations.
b) Not more than 7 percent of funds may be used for administrative costs incurred
by the city, county, or continuum of care to administer its program allocation. For
purposes of this Agreement, "administrative costs" does not include staff or other
costs directly related to implementing activities funded by the program allocation.
5) Cal ICH Contract Coordinator
The Cal ICH's Contract Coordinator for this Agreement is the Council's Grant
Director or the Grant Director's designee. Unless otherwise instructed. any notice,
report, or other communication requiring an original Grantee signature for this
Agreement shall be mailed to the Cal ICH Contract Coordinator. If there are
opportunities to send information electronically, Grantee will be notified via email by
the Council's Grant Director or the Grant Director's designee.
The Representatives during the term of this Agreement will be.
PROGRAM GRANTEE
ENTITY: Business Consumer Services and County of Fresno
Housing Agency
SECTION/UNIT: California Interagency Council on
Homelessness (Cal ICH)
ADDRESS: 500 Capitol Mall Suite 1850 P.O. Box 1912
Sacramento, CA, 95814 Fresno, CA 93718
CONTRACT
COORDINATOR Jeannie McKendry Laura Moreno
PHONE NUMBER: (916) 510-9446 (559) 600-2335
EMAIL ADDRESS: Jeannie.McKendry@bcsh.ca.gov Ihaga@fresnocountyca.gov
All requests to update the Grantee information listed within this Agreement shall be
emailed to the Cal ICH Grants Division general email box at
calichgrants@bcsh,ca.gov. The Council reserves the right to change their
representative and/or contact information at any time with notice to the Grantee.
Initial Here•
SCO ID: 0515-23-HHAP-10021 Exhibit F
County of Fresno
23-HHAP-10021
Page 7 of 24
6) Effective Date, Term of Agreement, and Deadlines
a) This Agreement is effective upon approval by Cal ICH (indicated by the signature
provided by Cal ICH in the lower left section of page one, Standard Agreement,
STD. 213), when signed by all parties. Funds will be disbursed in accordance
with Section 3 of Exhibit B.
b) This Agreement shall terminate on December 31, 2027.
c) A grantee shall contractually obligate no less than 75 percent and shall expend
no less than 50 percent of their initial (50 percent) HHAP-4 disbursement by
May 31, 2025. Upon demonstration by a grantee that it has complied with this
requirement and remains on track to meet its outcome goals, as determined by
the council pursuant to Health and Safety Code section 50223, the council shall
disburse to that recipient the remaining 50 percent of its total HHAP-4 allocation
pursuant to Health and Safety Code section 50218.7(a).
i) Grantee will demonstrate compliance with these requirements by completing
the certification documentation in the form and manner provided by the
council.
d) If a grantee has obligated less than 75 percent or expended less than 50 percent
of their initial (50 percent) HHAP-4 disbursement by May 31, 2025, the
grantee shall not contractually obligate or expend any remaining portion of its
round 4 initial program allocation, and the council shall not allocate to the
recipient the remaining 50 percent of its total allocation, unless both of the
following occur:
i) On or before June 30, 2025, the grantee submits an alternative disbursement
plan to Cal ICH that includes an explanation for the delay.
ii) Cal ICH approves the alternative disbursement plan.
If Cal ICH cannot approve an alternative disbursement plan, Cal ICH will provide
the grantee with guidance on the revisions needed in order to approve the
alternative disbursement plan.
If the funds identified in the approved alternative disbursement plan are not fully
expended by December 31, 2026. the funds shall be returned to the Cal ICH to
be allocated as bonus awards.
e) Grantees that do not meet the final expenditure deadlines in Health and Safety
Code section 50220.8(k) shall not be eligible for bonus funding.
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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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