HomeMy WebLinkAbout24-ESG-00059 - STD 213 Executed.pdf SCO ID: Agreement No. 25-520
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable)
STD 213(Rev.04/2020) 24-ESG-00059
1.This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Department of Housing and Community Development
CONTRACTOR NAME
County of Fresno
2.The term of this Agreement is:
START DATE
Upon HCD Approval
THROUGH END DATE
5 years from the date of Standard Agreement execution.
3.The maximum amount of this Agreement is:
$437,710.00
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 11
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C* General Terms and Conditions GTC-
02/2025
Exhibit D ESG Program Terms and Conditions 30
Exhibit E Project Specific Provisions and Special Terms and Conditions 4
Items shown with an asterisk(*),are hereby incorporated by reference and made part of this agreement as if attached ereto.
These documents can be viewed at hM2s://www.dgs.co.gov/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 ATTEST:
CONTRACTOR BUSINESS-ADDRESS . BERNICE E.SEIDEL CITY STATE ZIP
205 W. Pontiac Waj Clerk of the Board of Supervisors Clovis CA 93612
County of Fresno,State of California
PRINTED NAME OF PERSON SIGNING TITLE
Ernest Buddy Mendes By Deputy Chairman,County Board of Supervisors
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
�a--7
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Department of Housing and Community Development
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
651 Bannon Street,Suite 400 Sacramento CA 95811
PRINTED NAME OF PERSON SIGNING TITLE
Crystal Alvarez Contract Office Manager,Contract Services Section
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
^114�� 10/15/2025
CALIF06AIA DEPARTMENT OF GEN SERVICES APPROVAL EXEMPTION(If Applicable)
Exempt per:SCM Vol. 1,4.04.3(DGS Memo dated
6/12/81)
Pagel of 1
County of Fresno
24-ESG-00059
EXHIBIT A Page 1 of 11
AUTHORITY, PURPOSE AND SCOPE OF WORK
1. Authority & Purpose
This Standard Agreement (hereinafter "Agreement") will provide official notification of
the reservation of funds under the State of California's (the "State") reservation of funds
under the State of California's administration of the federal Emergency Solutions Grants
Program Allocation (hereinafter, "ESG " or the "Program") by the Department of
Housing and Community Development (hereinafter the "Department" or "HCD")
pursuant to the provisions of 42 U.S.C. 11371 — 42 U.S.C. 11378, ("Federal Statutes"),
the Catalog of Federal Domestic Assistance Number 14.231, 24 C.F.R. Part 576,
("Federal Regulations"), California Health and Safety Code sections 50899.1 — 50899.8,
and the ESG 2024 ESG Program Final Guidelines (the "Guidelines") effective
December 10, 2024, all of which may be amended from time to time.
ESG provides funds for a variety of activities to address homelessness as authorized
under the federal Homeless Emergency Assistance and Rapid Transition to Housing
(HEARTH) Act of 2009 and State program requirements. The Department administers
the ESG program with funding received from the U.S. Department of Housing and
Urban Development (HUD).
The ESG program provides grant funding to:
(1) engage homeless individuals and families living on the street,
(2) rapidly re-house homeless individuals and families,
(3) help operate and provide essential services in emergency shelters for homeless
individuals and families, and
(4) prevent individuals and families from becoming homeless. This contract specifically
provides funding for specific program activities described in Exhibit D.
The Department receives ESG funds from HUD and then the Department (as Grantor),
via this Agreement, is making a grant of specific ESG funds to a grantee, who is also
known as the Contractor. In accepting this reservation of funds, the "Contractor" as
defined in the Guidelines, agrees to comply with the terms and conditions of this
Agreement, as it relates to the ESG Notice of Funding Availability (NOFA) under which
the Contractor applied, the representations contained in the Contractor's Application
(hereinafter, "Application"), for the ESG funding allocations, and the requirements of the
authorities cited above. Any and all changes made to the submitted and awarded
Application after this Agreement is executed must receive prior written approval from
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Date: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 2 of 11
EXHIBIT A
the Department.
For purposes of this agreement Contractor is the Contractor identified in the STD 213
and which is further defined in the Guidelines definitions section.
2. Scope of Work
A. Contractor shall perform the Scope of Work ("Work") required as described in this
Agreement and in the Application, which is on file electronically with the
Department and which is incorporated herein by reference. Contractor shall be
responsible for ensuring its selected homeless service providers perform the
Work set forth in Exhibit E of this Agreement. All written materials or alterations
submitted as addenda to the original Application, and which are approved in
writing by the Department are hereby incorporated as part of the Application. The
Department reserves the right to require the Contractor to modify any or all parts
of the Application in order to comply with ESG requirements. The Department
reserves the right to monitor all Work to be performed by the Contractor and
service providers in relation to this Agreement. Any proposed revision to the
Scope of Work must be submitted in writing for review and approval by the
Department and may require an amendment to this Agreement. Approval shall
not be presumed unless such approval is made by the Department in writing.
B. Contractor shall perform the Work, only in the areas as identified, and in
accordance with the approved Application and as required by Federal ESG
requirements at 24 C.F.R. Part 576 and the Guidelines. Contractor's selected
homeless service providers shall provide services in the areas identified in
the Application/award recommendation form submitted to the Department.
Services shall be provided by the Contractor and the Contractor's funded service
providers for at least the term of the ESG grant. For the purposes of performing
the Scope of Work, the Department agrees to provide the amount(s) identified in
Exhibit E. Unless amended in writing, the Department shall not be liable for any
costs in excess of the total approved budget. The Department shall not, under
any conditions, be liable for any unauthorized or ineligible costs or activities.
3. Allocation of funds pursuant to Guidelines, Article II This Agreement is effective
upon the date of the Department representative's signature on page one of the fully
executed Standard Agreement, STD 213, (the "Effective Date"). In addition, no Program
funds shall be incurred until any required environmental review process has been
completed, as required under 24 C.F.R. Part 58. Contractor agrees that the Work shall
be completed by the expenditure date specified in Exhibit E.
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Date: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 3 of 11
EXHIBIT A
A. Contractor must obligate all funds within 120 days from the date of the award
notification letter for funding. "Obligate" means that the Contractor has placed
orders, awarded contracts, received services, or entered similar transactions that
require payment from the grant amount. In the case of an award made to
a general-purpose local government that subcontracts with private nonprofit
organizations via letters of awards and Service Provider Agreements, the service
providers are subject to obligate the funds within one hundred and twenty
(120) days from the date of the award notification letter received by the general-
purpose local government.
B. Contractor agrees to provide documentation satisfactory to the Department
evidencing the obligation of ESG funds within 120 days from the date the
Department made grant funds available to the Contractor. If the Contractor fails
to provide such documentation, the Department may disencumber any portion of
the amount authorized by this Agreement with a 14-day written notification.
C. Contractor and its service providers agree that the Work shall be completed by
the expenditure date specified in Exhibit A and that the Work will be provided for
the full term of this Agreement.
4. Term of Agreement and Deadlines
A. This Agreement will expire on the date ("Expiration Date") described in Exhibit E.
B. All Program funds shall be expended by the dates ("Expenditure Milestones")
described in Exhibit E
C. All final Request for Funds (RFF) shall be submitted to the Department within 30
days after the expenditure deadline.
D. Reimbursements will not be made after this Agreement expires.
E. The first funds request must be submitted within 120 days from the execution
date of this Agreement. Contractors must submit a request for funds no less than
once per quarter. Funds not drawn in a timely manner may be recaptured and
reallocated. All expenditures claimed in a request for disbursement must be
eligible, reasonable, and be accompanied by detailed supporting documentation.
(24 C.F.R. § 576.203)
F. The Department may establish minimum disbursement amounts or other related
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Date: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 4 of 11
EXHIBIT A
procedures necessary for the efficient administration of the ESG program.
G. Expenditure and Milestone Expectations
1) The Contractor must draw down and expend funds from each year's grant not
less than once during each quarter of the Contractor's program year. For
each Annual Funding Cycle, all of the Contractor's grant must be expended
for eligible activity costs within 24 months after the date HUD signs the grant
agreement with the recipient. For the purposes of this paragraph, expenditure
means either an actual cash disbursement for a direct charge for a good or
service or an indirect cost or the accrual of a direct charge for a good or
service or an indirect cost.
2) Contractor must expend their award by the dates referenced in the table
below and in Exhibit E. The term of this agreement is five (5) year, and it
may be amended via 'Standard Agreement Amendment #1 Execution' for
the 'Annual Funding Cycle 2025 - 2027 ' and also amended via
'Standard Agreement Amendment #2 Execution' for the 'Annual Funding
Cycle 2026 - 2028 .'
Annual Funding Cycle 2024 - 2026
August 27, 2026
Expenditure Deadline Maximum Recapture (as a percentage of total
(75 percent of total award) award) is the difference between 75 percent of the
total award and the amount drawn in IDIS' as of
August 28, 2026.
September 26, 2026
Requests for reimbursement can occur until
Expenditure Deadline November 25, 2026.
(100 percent of total award) Maximum Recapture (as a percentage of total
award) is the difference between 100 percent of the
total award and the amount drawn in IDIS as of
November 25, 2026.
Annual Funding Cycle 2025 - 2027
' The Integrated Disbursement and Information System (IDIS) provides HUD with current information regarding
the program activities underway across the Nation, including funding data. HUD uses this information to report to
Congress and to monitor grantees. IDIS is the draw down and reporting system for the Emergency Solutions
Grants (ESG) program.
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Date: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 5 of 11
EXHIBIT A
Commitment of ESG Funds (Standard Date TBD
Agreement Amendment #1 Execution) (Approximately 90 days from HUD-Department
FY2025 Grant Agreement Execution)
Date TBD
(60 days before 100 percent expenditure deadline)
Expenditure Deadline
(75 percent of total award) Maximum Recapture (as a percentage of total
award) is the difference between 75 percent of the
total award and the amount drawn in IDIS as of
Date TBD.
Date TBD
(24 months from HUD-Department Grant
Expenditure Deadline Agreement Execution)
(100 percent) Maximum Recapture (as a percentage of total
award) is the difference between 100 percent of the
total award and the amount drawn in IDIS as of
Date TBD.
Contract Deadline Date TBD
(5 years from Standard Agreement Execution)
Annual Funding Cycle 2026 - 2028
Commitment of ESG Funds (Standard Date TBD
Agreement Amendment #2 Execution) (Approximately 90 days from HUD-Department
FY2026 Grant Agreement Execution)
Date TBD
(60 days before 100 percent expenditure deadline)
Expenditure Deadline
(75 percent of total award) Maximum Recapture (as a percentage of total
award) is the difference between 75 percent of the
total award and the amount drawn in IDIS as of
Date TBD.
Date TBD
(24 months from HUD-Department Grant
Expenditure Deadline Agreement Execution)
(100 percent of total award) Maximum Recapture (as a percentage of total
award) is the difference between 100 percent of the
total award and the amount drawn in IDIS as of
Date TBD.
Contract Deadline Date TBD
(5 years from Standard Agreement Execution)
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Date: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 6 of 11
EXHIBIT A
3) Should the Contractor not meet the Expenditure Milestones referenced in
this Agreement and amendments, the Department, in its sole and absolute
discretion, reserves the right to recapture unexpended funds.
4) Performance and Expenditure Milestone Requirements are described in
Exhibit E.
5) Failure to meet any given Expenditure Milestones identified in Exhibit E,
may result in loss of program eligibility and may restrict the Contractor
from applying for additional ESG funding until the activity is corrected and
put back on schedule, or the activity is completed, or the activity is
canceled.
6) Contractors that do not expend their entire grant award (100%) by the
Expenditure Milestone identified in Exhibit E may not be allowed to apply
for future funding for the next two Annual Funding Cycles. The
Department reserves the right to review the penalty on a case-by-case
basis and make a final determination on future funding at the
Department's sole discretion. If the penalty is upheld, the Continuum of
Care (the "CoC") may select another Applicant. Refer to Section 202(c) of
the Guidelines. This penalty may be reconsidered by the Department, in
its sole discretion, in the event of an emergency or declared disaster as
outlined in Section 204 of the Guidelines.
H. Deadlines for Obligating Funds
1) Within 60 days from the date that HUD signs the grant agreement with the
State (or grant amendment for reallocated funds), the State must obligate
the entire grant, except the amount for any administrative costs. This
requirement is met by a subgrant agreement with, or a letter of award
requiring payment from the grant to, a Contractor.
2) Within 120 days after the date that the State obligates its funds to a unit of
general-purpose local government, the Contractor must obligate all of
those funds by a subgrant agreement with, or a letter of award requiring
payment to, a private nonprofit organization; a procurement contract; or
the written designation of a department within the government of the
Contractor to directly carry out an eligible activity.
I. Payments to Contractors
1) The State must pay each Contractor for allowable costs within 30 days
after receiving the Contractor's complete payment request. This
requirement also applies to each Contractor that is a unit of general-
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Date: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 7 of 11
EXHIBIT A
purpose local government.
J. The Department may impose sanctions, as well as any other remedies available
to it under law or the Guidelines, on a Contractor for failure to abide by any State
and federal laws, regulations, and guidelines applicable to the ESG program. As
the Department deems appropriate or necessary, sanctions include, without
limitation, any or all of the following:
1) Conditioning a future ESG grant on compliance with specific laws or
regulations;
2) Directing a Contractor to stop incurring costs under the current grant;
3) Requiring that some or all of the grant amounts be remitted to the
Department;
4) Reducing the amount of grant funds, a Contractor would otherwise be
entitled to receive;
5) Barring a Contractor and or its organization from applying for future
funding for at least the next three Annual Funding Cycles. If the penalty is
upheld, the CoC may select another Applicant. Refer to Section 202 (b) of
the Guidelines;
6) In addition, the Department may prohibit a Contractor from awarding to a
particular Service Provider of the Contractor until appropriate actions are
taken to ensure compliance with ESG requirements; and/or
7) Taking any other actions permitted pursuant to 24 C.F.R. § 576.501.
5. Scope of Work Revisions and Amendments
A. Contract Revisions: Adjustments to the Scope of Work that do not require an
increase or reduction of activity scope, or a change in the type of beneficiaries
assisted may be completed as a Contract Revision. Contract Revisions must be
approved by the Department in writing prior to implementation. If approved,
Contract Revisions shall automatically be deemed a part of, and incorporated
into, this Agreement. Approval shall be provided either through the online grant
management system, or in writing, as appropriate. Contract Revisions shall
include but not be limited to:
1) Budget revisions which do not change the total award amount.
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Date: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 8 of 11
EXHIBIT A
2) Changes to the Authorized Representative supported by the Resolution of
the Authorizing Board.
3) Proposals made by the Contractor to change the funded provider or
eligible activity consistent with Guidelines, if necessary, to meet the
requirements of this Chapter or to expend its funding allocation. All
changes must comply with the requirements of the Guidelines Sections
300 and 306.
4) Line-item changes to the budget provided that the Contractor notifies the
Department of the need for changes to update IDIS.
B. Line-item changes representing more than 25 percent of the overall budget
requires a contract amendment as referenced in Section 306 of the Guidelines.
6. ESG Program Contract Management
A. Department Contract Manager: For purposes of this Contract the ESG Program
Contract Manager for the Department is the Program Manager of the ESG
Program in the Division of Federal Financial Assistance, or such person's
designee. Written communication regarding this Contract shall be directed to the
ESG Program Representative at the following address:
Department of Housing and Community Development
Division of Financial Assistance, Federal Programs Branch
Emergency Solutions Grants Program Representative
651 Bannon Street, SW Tower, Suite 400
Sacramento, California 95811
Email: ESGNOFA(@hcd.ca.gov
B. Contract Management: Day-to-day administration of this Contract shall take
place through the computer System of Record (currently eCivis) online grant
management system, including, but not limited to:
1) Requests for Funds and Detailed Expense Forms;
2) Budget Revision Forms;
3) Annual Reports;
4) Submittal of any and all requested supporting documentation;
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Date: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 9 of 11
EXHIBIT A
5) Standard Agreement Revisions (non-material contract changes);
6) Standard Agreement Amendments (material contract changes).
C. Contract Coordinator: The Contractor's Contract Coordinator must be a
contractor's employee as identified in Exhibit E. Any notice, report, or other
communication required by this Contract shall be directed to the Contractor's
Contract Coordinator at the contact information identified in Exhibit E. Written
communication shall be directed to the Contractor's Contract Coordinator as
identified in Exhibit E.
7. Capacity to Contract
Contractor has the capacity and authority to fulfill the obligations required of and nothing
prohibits or restricts the right or ability of Contractor to carry out the terms hereof.
8. Authority to Execute
A. Each Party executing this Agreement represents that it is authorized to
execute this Agreement. Each person executing this Agreement on behalf of
an entity, other than an individual executing this Agreement on their own
behalf, represents that they are authorized to execute this Agreement on
behalf of said entity.
B. Authorized Signatory for Contracts involving City Contractors
a. Charter Cities
i. General: Authority to sign and execute written contracts,
resolutions, conveyances, or any other document having the
authority to legally bind the city are determined by the current
City Charter.
ii. No direction provided in City Charter: then the Department
requires that the mayor or mayor pro tempore sign any contract
and or conveyances made or entered into by the city as the
authorized signer for the city. City Contractor will be required to
provide to the Department a resolution from the City Council
authorizing the mayor to sign standard agreements or any other
required documents.
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Date: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 10 of 11
EXHIBIT A
iii. Delegation: The City Charter needs to determine if there is any
delegation authority. If silent, then the Department requires
mayor or mayor pro tempore to sign without delegation.
b. General Law Cities
i. General: Pursuant to Government Code Sections 40601 and 40602,
the Mayor or Mayor pro tempore must sign all written contracts and
conveyances made or entered into by the city, unless the city has an
ordinance in effect that specifically allows contracts to be signed by an
officer other than the mayor or mayor pro tempore.
ii. No Ordinance: Accordingly, if the city does not have a city ordinance
described above, then the Department requires that the mayor or
mayor pro tempore sign any contract and or conveyances made or
entered into by the city as the authorized signer for the city. City
Contractor will be required to provide to the Department a resolution
from the City Council authorizing the mayor to sign standard
agreements, amendments, and any other required documents.
iii. Delegation: The mayor or mayor pro tempore may not delegate to a
third party his or her authority to sign documents under this provision
unless there is an ordinance in effect that expressly authorizes such
delegation and a duly authorized resolution reflecting such delegation
is provided to the Department.
iv. With Ordinance: If the city does have an ordinance as described
above, the Department requires the city to provide a copy of such
ordinance and meet all other requirements of Section 205 (b)(1) of
these guidelines.
c. City Charter Application: Constitution Article XI Local Government, Section 7,
states that a county or city may make and enforce within its limits all local, police, sanitary, and
other ordinances and regulations not in conflict with general laws.
9. Contractor's Contract Coordinators
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Date: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 11 of 11
EXHIBIT A
Contractor's Authorized Representative for the Contract is identified in Exhibit E.
Unless otherwise informed, any notice, report or other communication required by this
Contract will be mailed by first class mail to the address as shown in Exhibit E.
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Date: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 1 of 4
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Budget
Budget Detail: ESG funds shall be used for the eligible activities as detailed in Exhibit E
of this Agreement, as described under federal ESG regulations at 24 C.F.R Part 576,
Subpart B — Program Components and Eligible Activities and Title XII, Homeless
Assistance Section and Section 201 of the Guidelines.
2. Availability of Funds
The Department's provision of funding to Contractor pursuant to this Agreement is
contingent on the continued availability of ESG funds and continued federal
authorization for ESG activities, as well as the conditions set forth in Exhibit D. The
Department's provision of funding is subject to amendment or termination due to lack of
funds or proper authorization. This Agreement is subject to written modification or
termination, as necessary, by the Department in accordance with requirements
contained in any future state or federal legislation and/or state or federal regulations. All
other modifications must be in written form and approved by both parties.
3. Method of Payment
Payments to Contractor shall be made on a reimbursement basis with the exception
that a Contractor may request an operating advance of$5,000.00-, or 30-days working
capital, whichever is greater. A request for an operating advance must be received by
the Department within 60 days of the Effective Date of this Agreement. To receive
payment for the Work performed, or to receive an operating advance, the Contractor
must submit, on forms provided by the Department, a duly executed ESG Request for
Funds (RFF). The Contractor shall submit all RFFs to the Department, as referenced in
Exhibit A via the online eCivis Grants Network portal. Each Request for Funds (RFF)
must also be accompanied by a completed Detailed Expense Report (DER) as provided
by the Department. The Department shall not authorize payments unless it determines
that the Work has been performed in compliance with the terms of this Agreement.
Contractor shall not receive an operating advance or be reimbursed for expenditures
incurred prior to the Effective Date of this Agreement, unless otherwise approved by the
Department. Reimbursements will not be made after this Contract expires.
All Requests for Funds shall include expenditure detail. Pursuant to 24 C.F.R §
576.201, all Requests for Funds are required to show match documentation which
includes match source and amount. Contractor also certifies that detailed supporting
documentation verifying each expenditure is available and shall be retained by the
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Date: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 2 of 4
EXHIBIT B
Contractor for five (5) years after the Department closes its HUD grant.
NOTE: Record retention is based on the Department's HUD closing date; NOT five LQ
years from this Agreement expiration. The retention requirement can extend beyond
five (5) years after this Agreement expires. Therefore, the Contractor must contact the
Department for the specific record retention date for this Agreement.
Contractor shall not be reimbursed for expenditures incurred after the Expiration Date of
this Agreement, as set forth in Exhibit E.
4. Budget Changes
After the Effective Date of this Agreement, no changes shall be made to the program
budget, funded homeless service providers, or eligible activities without prior written
approval from the Department. Any changes to this Agreement must be made in writing
and approved by both the Department and the Contractor. The proposed change/s must
be consistent with 24 C.F.R. § 576.500(y).
Contractor agrees to notify the Department in writing of any line item changes to the
budget needed for the Department to update the federal Integrated Disbursement and
Information System (IDIS). For line-item changes representing more than 25 percent of
the overall project budget, the change will require Department approval and a contract
amendment (pursuant to Section 300 and 306 of the Guidelines).
5. Ineligible Costs
A. ESG funds shall not be used for costs associated with activities in violation of any
law or for any activities considered ineligible per 24 C.F.R. Part 576. The
Department reserves the right to request additional information and clarification
to determine the reasonableness, necessity, and eligibility of all costs to be paid
with ESG funds made available by this Agreement. If Contractor or its funded
service providers use ESG funds for the costs of ineligible activities, Contractor
shall be required to reimburse these funds to the Department immediately.
Further, Contractor shall be prohibited from applying to the Department for
subsequent ESG funds until the Department is fully reimbursed.
B. An expenditure which is not authorized by this Contract, or which cannot be
adequately documented, must be immediately repaid to the Department or its
designee, by the Contractor. Expenditures for work, not described in Exhibit A,
shall be deemed authorized only if the performance of such work is approved in
writing by the Department prior to the commencement of such work.
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Date: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 3 of 4
EXHIBIT B
C. The Department, at its sole and reasonable discretion, shall make the final
determination regarding the allowability of expenditures.
6. Indirect Costs
Contractors and/or service providers will allow their providers to seek reimbursement for
indirect costs. The applicant must:
A. Comply with all OMB requirements and standards including 2 C.F.R. § 200.403,
200.415, and 2 C.F.R. Part 200 Appendix IV.
B. Certify that any providers seeking reimbursement for indirect costs at the de
minimis rate of 15 percent, do not meet the definition of a major nonprofit
organization as defined by OMB 2 C.F.R. § 200.414.
C. Maintain records including evidence of the Modified Total Direct Cost (MTDC),
per 2 C.F.R. § 200.1 calculations, indirect cost limits, and supporting
documentation for actual direct cost billing.
D. Pursuant to 2 C.F.R. § 200.331(a)(4), the Indirect Cost Rate for the Subrecipient
shall be an approved federally recognized indirect cost rate negotiated between
the Subrecipient and the Federal government, or, if no such rate exists, the De
Minimis indirect cost rate as defined in 2 C.F.R. § 200.414(b) Indirect (F&A)
costs. Indirect costs may be allocated to each eligible activity under 24 C.F.R. §
576.101 through 576.108, so long as that allocation is consistent with 2 C.F.R.
Part 200, Subpart E. Subrecipient shall maintain records including evidence of
the Modified Total Direct Cost (MTDC), per 2 C.F.R. § 200.1 calculations, indirect
cost limits, and supporting documentation for actual direct cost billing.
7. Duplication of Benefits
Pursuant to both Federal and State law all ESG costs must be:
A. necessary;
B. reasonable;
C. if applicable, there can be no duplication of benefit;
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Date: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 4 of 4
EXHIBIT B
D. ESG funds cannot be used to supplant local or state resources; and
E. Applicant must guard against fraud, and must immediately report fraud or
suspected fraud, and has an affirmative duty to prevent or deter fraud, waste and
abuse (see Exhibit D) and ineligible uses of ESG funds (See 24 C.F.R. § 576.1;
Housing (HEARTH) Act of 2009 SEC. 402 (f)(3)(A), 24 C.F.R. § 576.100 —
576.109, and 24 C.F.R. § 576.400).
8. Compatibility of Program Funds
It is the duty and responsibility of each Applicant to review the provisions, requirements,
and limitations of all funding sources applied for and obtained for a particular project,
program, or activity in order to ensure that each and every requirement of those funding
sources is compatible with all Department program requirements and restrictions.
Incompatibility of funding sources will result in the denial or cancellation of an award or
may result in the placement of conditions or limitations on an award, all as determined
by the Department in its sole and absolute discretion.
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Date: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 1 of 30
EXHIBIT D
ESG PROGRAM TERMS AND CONDITIONS
1. Federal Grant Identification
HUD Grant No: E-24-DC-06-0001
CFDA Number: 14.231
Date HUD Grant Agreement Signed: September 26, 2024
2. Definitions
In addition to the definitions found in 42 U.S.C. 11371 (2011) and 24 C.F.R. § 576.2 and
91, the following definitions apply to the ESG Program:
a. "Annual Action Plan" or (AAP) means a concise summary of the actions,
activities, and the specific federal and non-federal resources that will be used each
year to address the priority needs and specific goals identified by the Consolidated
Plan.
b. "Annual Funding Cycle" means the annual process where the Department
prepares and submits to HUD the Department's Annual Action Plan which describes
the method for distributing funds to Eligible Organizations. After HUD approval, HUD
issues a grant agreement to the Department to fund the activities described in the
Annual Action Plan.
c. "Annual Performance Report" means a report prescribed by HUD for all
jurisdictions receiving funding under the ESG program provided in 24 C.F.R. Part
576, that includes the number of persons helped, the types of help provided, and the
project or program outcomes data measured under the performance standards
developed in consultation with the Continuum(s) of Care.
d. "Applicant" means an Eligible Organization that applies to receive ESG funds
from the Department.
e. "Application" means a Contractor's ESG application submitted in response to
an ESG NOFA.
f. "Board of Directors" means a group of individuals who are elected to govern and
oversee the nonprofit organization's operations. The board is responsible for setting
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 2 of 30
EXHIBIT D
the organization's mission, strategy, and goals, and ensuring that the organization
operates in compliance with legal and ethical standards.
g. "Build America, Buy America (BABA)" means the Contractor must comply with
the requirements of the Build America, Buy America (BABA) Act, 41 U.S.C. 8301
and all applicable rules and notices, as may be amended, if applicable to the
Grantee's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased
Implementation Waiver for FY 2022 and 2023 of Build America, Buy America
Provisions as Applied to Recipients of HUD federal financial assistance" (88 FIR
17001), any funds obligated by HUD on or after the applicable listed effective dates
are subject to BABA requirements, unless exempted by a waiver.
h. "Charter City" Pursuant to California Constitution Section 3. Article XI Local
Government Section 7, a County or city may make and enforce within all local,
police, sanitary, and other ordinances and regulations not in conflict with general
laws. Pursuant to Gov. Section 34101, Cities organized under a Charter shall be
"chartered cities".
i. "City Charter" Pursuant to California Constitution Article 9, Section 5(a), a City
Charter provides that the city governed thereunder may make and enforce all
ordinances and regulations in respect to municipal affairs, subject only to restrictions
and limitations provided in their several charters and in respect to other matters they
shall be subject to general laws. Any new City charter shall supersede any existing
City Charter.
j. "Continuum of Care" or (CoC) means the group composed of representatives of
relevant organizations, which generally includes nonprofit homeless providers; victim
Service Providers; faith-based organizations; governments; businesses; advocates;
public housing agencies; school districts; social Service Providers; mental health
agencies; hospitals; universities; affordable housing developers; law enforcement;
organizations that serve homeless and formerly homeless veterans, and homeless
and formerly homeless persons that are organized to plan for and provide, as
necessary, a system of outreach, engagement, and assessment; emergency shelter;
rapid re-housing; transitional housing; permanent housing; and prevention strategies
to address the various needs of homeless persons and persons at risk of
homelessness for a specific geographic area.
i. "Continuum of Care Service Area" means the entire geographic area within the
boundaries of an Eligible Continuum of Care.
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 3 of 30
EXHIBIT D
j. "Contract" means the contract entered into by the Department and the ESG
Subrecipient (also known as Contractor) setting forth the basic terms and conditions
governing the awards of ESG funds.
k. "Contractor" means a Subrecipient that enters into a Standard Agreement (STD
213) with the Department for ESG funds and becomes a federally defined Contractor
under 24 C.F.R. § 576.2 Definitions, see 2 C.F.R. § 200.1, but not a federally
defined Contractor under 2 C.F.R. § 200.331. Subrecipient is often used
synonymously with Contractor.
I. "Department" means the California Department of Housing and
Community Development.
m. "Eligible Activities" means those activities upon which ESG funds may be
expended as defined under 24 C.F.R. Part 576 Subpart B.
n. "Eligible Continuum of Care" means a Continuum of Care in the State that has
within its Service Area at least one Nonentitlement Area.
o. "Eligible Organization" means a Private Nonprofit Organization or a Unit of
General Purpose Local Government that provides, or contracts with, Private
Nonprofit Organizations to provide Eligible Activities.
p. "ESG" is the acronym for the Emergency Solutions Grants program.
q. "ESG Entitlement" means a Unit of General Purpose Local Government
that meets one of the following:
1. is a Metropolitan City or Urban County as defined under 42 U.S.C. 5302
that receives an allocation of ESG funds directly from HUD;
2. is in a Nonentitlement Area that has entered into an agreement with an
Urban County to participate in that locality's ESG program; or
3. is a Metropolitan City or Urban County that have entered into a joint
agreement with one another to receive and administer a combined direct
allocation of ESG funds from HUD.
r. "ESG Entitlement Area" or "Entitlement Area" means the geography within an
ESG Entitlement's boundaries.
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 4 of 30
EXHIBIT D
s. "ESG Nonentitlement" means a Unit of General Purpose Local Government that
does not receive ESG funding directly from HUD and is not participating as an ESG
Entitlement Area.
t. "ESG Nonentitlement Area" means the geography within an ESG
Nonentitlement's boundaries.
u. "Expenditure Milestone(s)" means the percentage of the award, that is identified
in the Standard Agreement, that must be expended by a specified time period.
v. "General Law" is a law that is unrestricted as to time, is applicable throughout the
entire territory subject to the power of the legislature that enacted it and applies to all
persons in the same class.
w. "General Law City" Pursuant to Government Code (Gov) 34102, they are cities
organized under the General Law.
v. "Governing Board" means Board of Supervisors for a County Applicant and
means City Council for a City Applicant.
w. "HUD" means the U.S. Department of Housing and Urban Development.
x. "Notice of Funding Availability" (NOFA) refers to a process that informs the
public that funding is available for a specific purpose and can be requested through
an application process.
y. "Nonentitlement Area" means an area which is not a metropolitan city or part of
an Urban County and does not include Indian tribes. 42 U.S.C. 5302(7).
z. "Project Description" includes specific location, purpose (provide housing,
support services, etc.), number and type of beneficiaries/units, any proposed
changes to structures and/or land, and use of funds.
aa."Request for Funds (RFF)" means a request for reimbursement by a Subrecipient
for Eligible Expenses on forms provided by the Department.
bb. "Service Area" has the same meaning as the term "Continuum of Care
Service Area."
cc. "Service Providers" refers to the "Continuum of Care" definition found at 24
C.F.R. § 576.2.
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 5 of 30
EXHIBIT D
dd."Site" means one or more facilities where the program(s) is being carried out.
ee."Site Control" means the legal right to occupy and use the Site, as evidenced by
such things as:
1. A deed demonstrating ownership in fee title;
2. a lease demonstrating a leasehold interest in the Site and its
improvements for at least the term of the ESG grant;
3. an enforceable option to purchase or lease a Site provided that such
option will be for at least the term of the ESG grant; or
4. for rotating shelter programs, Site Control may include other evidence
provided by the Applicant granting permission to use the Site(s). Such
evidence must be approved by the Department in writing before the deadline
for submission of the ESG applications stated in the applicable NOFA.
ff. "Standard Agreement" means the contract entered into by the Department and
the Contractor (also known as Subrecipient) setting forth the basic terms and
conditions governing the awards of ESG funds.
gg."Subrecipient" means an entity that enters into a Standard Agreement with the
Department for a General Purpose Local Government or Private Nonprofit
Organization to which a recipient makes available ESG funds as defined in 24
C.F.R. § 576.2. Throughout the Guidelines, Subrecipient is also referred to as
Contractor.
hh."Subcontractor" means an entity that is performing work as shown under 24
C.F.R. § 576.100(A) and as described in Exhibit A of the Standard Agreement, ESG
funds for a Contractor or Service Provider.
ii. "Written Standards" are defined in 24 C.F.R. § 576.400(e).
Note: Authority cited: Section 50406(n), Health and Safety Code. Reference: 42
U.S.C. 5302, 42 U.S.C. 11302, 42 U.S.C. 11371, 42 U.S.C. 11373, 24 C.F.R. §
576.3, 24 C.F.R. § 576.400, and C.F.R. § 576.2.
3. Eligible Activities
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 6 of 30
EXHIBIT D
ESG funds awarded to the Contractor shall be used for the Eligible Activities set forth in
Exhibit D, as permitted under the federal ESG regulations at 24 C.F.R. Part 576, the
Guidelines, and the ESG NOFA. The following additional provisions or requirements
shall apply:
A. ESG funds may be used for five program components: Street Outreach,
Emergency Shelter, Homelessness Prevention, Rapid Rehousing, and Homeless
Management Information Systems (HMIS), as well as Administrative Activities.
The five program components and the Eligible Activities that may be funded
under each are set forth in 24 C.F.R. § 576.101 through 24 C.F.R. § 576.107.
Eligible Administrative Activities are set forth in 24 C.F.R. § 576.108.
B. Pursuant to 2 C.F.R. § 200.414, OMB requirements and Section 208 of the
Guidelines, Contractor may permit homeless service providers receiving ESG
funds to charge an indirect cost allocation to their grant. The indirect cost
allocation may not exceed 15 percent (de-minimis) of the allowable direct costs
under the ESG activity unless a higher limit for the indirect cost allocation has
been approved by the applicable Federal agency pursuant to OMB requirements.
Indirect Costs are those that have been incurred for common or joint objectives
and cannot be readily identified with a particular final cost objective or activity.
C. Contractor shall receive a portion of its ESG grant allocation for the payment of
administrative costs. Pursuant to 24 C.F.R. § 576.108(b), the Department will
share one percent of federal funds for all those awarded for direct administrative
costs.
D. Rental assistance payments provided as part of an RR or HP activity under
24 C.F.R. § 576.106 cannot exceed HUD's Fair Market Rent (FMR) as provided
under 24 C.F.R. Part 888 and must comply with HUD's standard for rent
reasonableness as established under 24 C.F.R. § 982.507. Contact your HCD
representative in the Federal Programs Branch for further assistance.
E. All provisions of 24 C.F.R. Part 576 and the Guidelines shall apply including, but
not limited to the following:
1) The maximum allocation spending cap on Emergency Shelter and street
outreach activities of 60 percent of the aggregate amount of assistance
provided for the contractor established pursuant to 24 C.F.R. §
576.100(b).
2) None of the ESG funds provided may be used to require people
experiencing homelessness to receive treatment or perform any other
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 7 of 30
EXHIBIT D
prerequisite activities as a condition for receiving shelter.
3) ESG funds shall not be used for Renovation, Conversion, or Major
Rehabilitation activities pursuant to 24 C.F.R. § 576.102. HUD defines
"renovation and conversion" as an activity that does materially add to the
value of the building, appreciably prolong its useful life, or adapt it to new
uses.
4) The requirements of the Build America, Buy America Act (BABA) may
apply to minor repairs.
5) No less than 40 percent of the total funds available to the Contractor must
be awarded to Rapid Re-Housing.
6) Homelessness Prevention will be limited to no more than 10 percent of
any awarded contract/budget and will not be awarded as a standalone
activity.
4. State Contracting Manual Requirements (Section 3.11, Federally Funded
Contracts (Rev. 3/03)
All contracts, except for State construction projects that are funded in whole or in part by
the Federal government, must contain a 30-day cancellation clause and the following
provisions:
A. It is mutually understood between the parties that this Agreement may have been
written for the mutual benefit of both parties before ascertaining the availability of
congressional appropriation of funds to avoid Program and fiscal delays that
would occur if the Agreement were executed after that determination was made.
B. This Agreement is valid and enforceable only if sufficient funds are made
available to the State by the United States Government for the purpose of this
Program. In addition, this Agreement is subject to any additional restrictions,
limitations, or conditions enacted by Congress or to any statute enacted by
Congress that may affect the provisions, terms, or funding of this contract in any
manner.
C. The parties mutually agree that if Congress does not appropriate sufficient funds
for the Program, this Agreement shall be amended to reflect any reduction in
funds.
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 8 of 30
EXHIBIT D
D. The Department has the option to invalidate the contract under the 30-day
cancellation clause or to amend the contract to reflect any reduction in funds.
5. Sufficiency of Funds and Termination
A. The Department may terminate this Agreement at any time for cause by giving a
minimum of 14 days' notice of termination, in writing, to the Contractor. Cause
shall consist of violations of any terms and/or special conditions of this
Agreement; the Federal Statutes; the Federal Regulations; the Guidelines;
withdrawal of the Department's expenditure authority. Upon termination of this
Agreement, unless otherwise approved in writing by the Department, any
unexpended funds received by the Contractor shall be returned to the
Department within 30 days of the Notice of Termination.
B. This Agreement may have been written before determining the availability of
congressional appropriation of funds. It is mutually understood between the
parties that this Agreement is written for the mutual benefit of both parties to
avoid program and fiscal delays.
C. This Agreement is valid and enforceable only if sufficient funds are made
available to the Department by the United States Government for the purposes of
this Program. In addition, this Agreement is subject to any additional restrictions,
limitations or conditions, or statute, regulations or any other laws, whether federal
or of the State of California, or of any agency, department, or any political
subdivision of the federal or the State of California governments, which may
affect the provisions, terms or funding of this Agreement in any manner.
D. It is mutually agreed that if Congress does not appropriate sufficient funds for the
Program, this Agreement shall be amended to reflect any reductions in funds.
E. The Department has the option to terminate this Agreement under the 30-day
cancellation clause or to amend this Agreement to reflect any reduction of funds.
F. Contractor shall administer termination of assistance in accordance with 24
C.F.R. § 576.402.
6. Transfers
Contractor may not transfer by subcontract or novation, or by any other means, the
rights, duties, or performance of this Agreement or any part thereof, except with the
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 9 of 30
EXHIBIT D
prior written approval of the Department and a formal amendment to this Agreement to
affect such subcontract or novation.
7. Contractors and Service Providers
A. Contractor, or its Service Providers, shall not enter into any Agreement, written or
oral, with any subcontractor without the prior written determination by the
Department of the Contractor's eligibility. A Contractor or Service Provider is not
eligible to receive grant funds if the subcontractor is not licensed and in good
standing in California or is listed on the Federal Consolidated List of Debarred,
Suspended and Ineligible Contractors.
B. Any party to a third-party agreement between the Contractor or Service Provider,
and any contractor or subcontractor hired by the Contractor, or Service Provider
shall require the contractor or subcontractor, if any, to do the following:
1) Perform the Work in accordance with Federal, State and local housing,
and building codes, as applicable.
2) Comply with the labor standards described in this Exhibit, as applicable. In
addition to the requirements of this Exhibit, all contractors and
subcontractors must comply with the provisions of the California Labor
Code, as applicable.
3) Comply with the applicable Equal Opportunity Requirements, described in
this Exhibit.
4) Maintain at least the minimum State-required worker's compensation
insurance for those employees who will perform the Work or any part of it.
5) Maintain, as required by law, unemployment insurance, disability
insurance, and liability insurance in an amount to be determined by the
Department, which is reasonable to compensate any person, firm, or
corporation who may be injured or damaged by the Contractor or any
subcontractor in performing the Work or any part of it. Such insurance
shall be endorsed to include a waiver of subrogation rights against the
Department its officers, officials, employees, volunteers, agents, and
representatives. Such policies shall be written by California licensed
insurers with best ratings of not less than A: VII in the most recent edition
of Best Rating Guide.
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 10 of 30
EXHIBIT D
6) Contractor agrees to include all the terms of this Contract in each
subcontract and the Department shall have no liability for Contractor's
failure to comply with this obligation.
C. The Department reserves the right of pre-award review and approval of all
proposed contracts and related procurement documents, such as requests for
proposals and invitations for bids, where the subcontract amount exceeds
$25,000.00.
8. Housing First Practices
A. `Housing First' means the evidence-based model that uses housing as a tool
rather than a reward for recovery and that centers on providing or connecting
homeless people to permanent housing as quickly as possible. Housing First
providers offer services as needed and requested on a voluntary basis and that
do not make housing contingent on participation in services.
B. All ESG-assisted projects shall operate in a manner consistent with Housing First
practices as reflected in the Housing First Core components, CoC written
standards, progressive engagement, and assistance practices as set forth in
Welfare and Institution Code (WIC) 8255-8256 and 24 C.F.R. § 576.400,
including but not limited to the following:
1. Ensuring low-barrier, easily accessible assistance to all people, including,
but not limited to, people with no income or low-income history, and
people with active substance abuse or mental health issues;
2. Helping participants quickly identify and resolve barriers to obtaining and
maintaining housing;
3. Quickly resolving a participant's housing crisis before focusing on
other non-housing related services;
4. Allowing participants to choose the services and housing that meets
their needs, within practical and funding limitations; and
5. Connecting participants to appropriate support services available in
the community that fosters long-term housing stability.
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 11 of 30
EXHIBIT D
9. Shelter and Housing Standards
Emergency shelters must also meet the minimum safety, sanitation, and privacy
standards at 24 C.F.R. § 576.403 (b), including but not limited to, accessibility standards
in accordance with Section 504 of the Rehabilitation Act (29 U.S.C.794) and
implementing regulations at 24 C.F.R. Part 8, the Fair Housing Act (42 U.S.C. 3601 et
seq.) and implementing regulations at 24 C.F.R. Part 100, Title II of the Americans with
Disabilities Act (42 U.S.C. 12131 et seq.), and 28 C.F.R. Part 35, where applicable.
If Rapid Re-Housing or Homeless Prevention assistance is provided, the assisted
housing must meet the minimum habitability standards at 24 C.F.R. § 576.403 (c).
10. Inspections
A. Contractor 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. The Department 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. Contractor agrees to require that all non-conforming Work be corrected and to
withhold payments to the Contractor or subcontractor until such Work is
corrected.
11. Monitoring Grant Activities
A. Contractor shall monitor the activities selected and awarded by them to ensure
compliance with all ESG requirements. An onsite or desk monitoring of homeless
Service Providers shall occur whenever determined necessary by the Contractor
but at least once during the grant period.
B. The Department will monitor the performance of the Contractor based on a risk
assessment and according to the terms of this Agreement. The Department may
also monitor any Service Providers of the Contractor as the Department deems
appropriate based on a risk assessment.
C. The Department will monitor the performance of Contractor and funded projects
based on the performance measures used by HUD in ESG or the (CoC)
program. In the event that project-level or system-wide performance consistently
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 12 of 30
EXHIBIT D
remains in the lowest quartile compared to all participating Service Areas in the
(CoC) allocation, the Department will work collaboratively with the Contractor to
develop performance improvement plans which will be incorporated into this
Standard Agreement.
D. If it is determined that a Contractor or any of its Service Providers falsified any
certification, application information, financial, or contract report, the Contractor
shall be required to immediately reimburse the full amount of the ESG award to
the Department and may be prohibited from any further participation in the ESG
program. The Department may also impose any other actions permitted under 24
C.F.R. § 576.501(c).
E. As requested by the Department, the Contractor shall submit to the Department
all ESG monitoring documentation necessary to ensure that Contractor and its
Service Providers are in continued compliance with all ESG requirements. Such
documentation requirements and the submission deadline(s) shall be provided by
the Department when the information is requested from the Contractor.
F. Contractor and its Service Providers shall cooperate with the Department and
shall make available to the Department all information, documents, and records
reasonably requested. Copies of these items will also be made available to the
Department upon their request. Contractor shall provide the Department the
reasonable right of access to the Site during normal business hours for the
purpose of assuring compliance with this Agreement and evaluating the
Contractor's performance.
12. Compliance with Federal Regulations, State Laws, and Guidelines
A. The Contractor and its Service Providers shall comply with the policies,
Guidelines and requirements under 2 C.F.R. Part 200, as applicable, as they
relate to the cost principles, audit requirements, acceptance and use of federal
funds under this 2 C.F.R. Part 200.
B. The Contractor agrees to comply with all federal regulations, state laws, and
Guidelines applicable to the ESG Program and to the grant activity(ies), and with
any other federal provisions as set forth in this Agreement. The Contractor
agrees to comply with all federal regulations, state laws, and Guidelines that
pertain to construction, health and safety, labor, fair employment practices, equal
opportunity, and all others matters applicable to the Contractor its Service
Providers or subcontractor and the Work. This includes, but is not limited to,
complying with all relevant sections of 2 C.F.R. Part 200.
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 13 of 30
EXHIBIT D
C. Contractor shall indemnify, protect, defend, and hold harmless the Department
from and against any and all loss, liability, damage, claim, cost, and/or expense
(including reasonable attorneys' fees, court and litigation costs, and fees of
expert witnesses) that result or arises in any way from the noncompliance by
Contractor or Service Provider personnel of any applicable local, state, and/or
federal law or requirement.
13. Procurement of Goods and Services
Prior to the drawdown of ESG funds for the Contractor's purchase of goods or services,
Contractor shall comply with the Procurement Standards contained in 2 C.F.R. §
200.317 - 200.326. Contractor when procuring goods with ESG funds, must provide the
Department with evidence of compliance with these requirements, as applicable.
14. Procurement of Recovered Materials
Contractor and its Service Providers must comply with Section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of
the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceed
$10,000.00 or the value of the quantity acquired by the preceding fiscal year exceeded
$10,000.00; procuring solid waste management services in a manner that maximizes
energy and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
15. Equal Opportunity Requirements and Responsibilities
A. Title VI of the Civil Rights Act of 1964, as amended, including 24 C.F.R. Part
1: This act provides that no person shall be excluded from participation, denied
program benefits, or subject to discrimination based on race, color, and/or
national origin under any program or activity receiving federal financial
assistance. In regard to the sale or lease of a Site, Contractor shall cause or
require a covenant running with the land to be inserted in the deed and leases
prohibiting discrimination under this Title, and providing that State of California
and the United States are beneficiaries of and entitled to enforce such
covenants. Contractor shall enforce such covenant and shall not itself so
discriminate.
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 14 of 30
EXHIBIT D
B. Title VII of the Civil Rights Act of 1968 (The Fair Housing Act): This act
prohibits discrimination in housing on the basis of race, color, religion, sex and/or
national origin. This law also requires actions which affirmatively promote fair
housing.
C. Civil Riqhts Restoration Act of 1987: This act restores the broad scope of
coverage and clarifies the application of the Civil Rights Act of 1964. It also
specifies that an institution which receives federal financial assistance is
prohibited from discriminating on the basis of race, color, national origin, religion,
sex, disability or age in a program or activity which does not directly benefit from
such assistance.
D. Section 109 of Title 1 of the Housinq and Community Development Act of
1974 [42 U.S.C. 53091: This section of Title 1 provides that no person shall be
excluded from participation (including employment), denied program benefits, or
subject to discrimination on the basis of race, color, national origin, or sex under
any program or activity funded in whole or in part under Title 1 of the Act.
E. The Fair Housing Amendment Act of 1988: This act amended the original Fair
Housing Act to provide for the protection of families with children and people with
disabilities, strengthen punishment for acts of housing discrimination, expand the
Justice Department jurisdiction to bring suit on behalf of victims in federal district
courts, and create an exemption to the provisions barring discrimination on the
basis of familial status for those housing developments that qualify as housing for
persons age 55 or older.
F. Affirmatively Furthering Fair Housing (AFFH): The Fair Housing Act in 1968
prohibits discrimination in the sale, rental, and financing of housing based on
race, religion, and national origin. Over time the law expanded its protections to
include discrimination based on sex, disability, and familial status. The law also
introduced the need to go beyond just prohibiting discrimination to instead
creating real housing choice by affirmatively furthering fair housing. In 2018
California adopted AB 686, which expands upon the fair housing requirements
and protections outlined in the Fair Employment and Housing Act (FEHA). The
duty to affirmatively further fair housing extends to all of a program participant's
activities and programs relating to housing and urban development. AB 686
creates new requirements that apply to all housing elements due for revision on
or after January 1, 2021. Affirmatively Furthering Fair Housing requires taking
meaningful actions to combat discrimination, overcome patterns of segregation,
and foster inclusive communities free from barriers that restrict access to
opportunity based on protected characteristics. Jurisdictions must take
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 15 of 30
EXHIBIT D
meaningful actions that when taken together, address significant disparities in
housing needs and access to opportunity. Such actions may include, replacing
segregated living patterns with truly integrated and balanced living patterns,
transforming racially or ethnically concentrated areas of poverty into areas of
opportunity, and fostering and maintaining compliance with civil rights and fair
housing laws.
1) Federal regulations for affirmatively furthering fair housing include, but are
not limited to, 24 C.F.R. § 5.151-24 and 24 C.F.R. § 5.152.
2) For ESG, AFFH requires collecting demographic data for the homeless
population and analyzing it to develop more equitable ways to serve the
homeless population. Please refer to Section 103 and 207 of the
Guidelines for additional guidance regarding this process.
G. Advancing Racial Equity: Pursuant to direction from HUD, as provided at the
links below, Contractors should prioritize the advancement of racial equity at all
levels of the homeless response system. The Department asks Contractors to be
leaders in their homeless response systems, facilitating partnerships among
service organizations and promoting racial equity practices. Contractors must
respond to disproportionality in access to services, service provision, and
outcomes. Contractors cannot simply rely on delivering a standardization of
services to address equity. Contractors have the responsibility to examine their
data to ensure all eligible persons receive equitable services, support, and are
served with dignity, respect, and compassion regardless of circumstances,
ability, or identity.
Please refer to the 2024 ESG NOFA for additional guidance regarding this
process.
H. The Housing for Older Persons Act of 1995 (HOPA): Retained the
requirement that the housing facilities must have one person who is 55 years of
age or older living in at least 80 percent of its occupied units. The act also
retained the requirement that housing facilities publish and follow policies and
procedures that demonstrate intent to be housing for persons 55 or older.
I. The Age Discrimination Act of 1975, as amended, including 24 C.F.R. Part
146: This act provides that no person shall be excluded from participation,
denied program benefits, or subject to discrimination on the basis of age under
any program or activity receiving federal funding assistance. Effective January
1987, the age cap of 70 was deleted from the laws. Federal law preempts any
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 16 of 30
EXHIBIT D
State law currently in effect on the same topic.
J. Section 504 of the Rehabilitation Act of 1973, as amended: It is unlawful to
discriminate based on disability or handicap in federally assisted programs. This
Section provides that no otherwise qualified individual shall, solely by reason of
their disability or handicap, be excluded from participation (including
employment), denied program benefits, or subjected to discrimination under any
program or activity receiving federal funding assistance. Section 504 also
contains design and construction accessibility provisions for multifamily dwellings
developed or substantially rehabilitated for first occupancy on or after March 13,
1991. Contractor must ensure that its programs are accessible to and usable by
persons with disabilities in accordance with the implementing regulations at 24
C.F.R. Part 8.
K. The Americans with Disabilities Act of 1990 (ADA), as amended: This act
modifies and expands the Rehabilitation Act of 1973 to prohibit discrimination
against "a qualified individual with a disability" in employment by state and local
governments and in places of public accommodations and commercial facilities.
The ADA requires that an individual with a physical or mental impairment who is
otherwise qualified to perform the essential functions of a job, with or without
reasonable accommodation, be afforded equal employment opportunity in all
phases of employment. The ADA also requires that facilities that are newly
constructed or altered, by, on behalf of, or for us of a public entity, be designed
and constructed in a manner that makes the facility readily accessible to and
usable by persons with disabilities. The Act defines the range of conditions that
must be made to assure equality of opportunity, full participation, independent
living, and economic self-sufficiency for persons with disabilities.
L. Executive Order 11063, as amended, including 24 C.F.R. Part 107: This
executive order provides that no person shall be discriminated against on the
basis of race, color, religion, sex, or national origin in housing and related
facilities provided with federal assistance and lending practices with respect to
residential property when such practices are connected with loans insured or
guaranteed by the federal government. This order and its implementing
regulations include requirements that all actions necessary be taken to prevent
discrimination because of race, color, religion, sex, or national origin, in the use,
occupancy, sale, leasing, rental, or other disposition of property assisted with
Federal loans, advances, grants or contributions.
M. Executive Order 11259: This executive order provides that the administration of
all federal programs and activities relating to housing and urban development be
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 17 of 30
EXHIBIT D
carried out in a manner to further housing opportunities throughout the United
States.
N. The Equal Employment Opportunity Act: This act empowers the Equal
Employment Opportunity Commission (EEOC) to bring civil action in federal court
against private sector employers after the EEOC has investigated the charge,
found "probable cause" of discrimination, and failed to obtain a conciliation
agreement acceptable to the EEOC. It also brings federal, state, and local
governments under the Civil Rights Act of 1964.
O. The Immigration Reform and Control Act (IRCA) of 1986: Under IRCA,
employers may hire only persons who may legally work in the U.S., i.e., citizens
and nationals of the U.S. and aliens authorized to work in the U.S. The employer
must verify the identity and employment eligibility of anyone to be hired, which
includes completing the Employment Eligibility Verification Form (19).
P. The Uniform Guidelines on Employee Selection Procedures adopted by the
Equal Employment Opportunity Commission in 1978: This manual applies to
employee selection procedures in the areas of hiring, retention, promotion,
transfer, demotion, dismissal and referral. It is designed to assist employers,
labor organizations, employment agencies, licensing and certification boards in
complying with the requirements of federal laws prohibiting discriminatory
employment.
Q. The Vietnam Era Veterans' Readjustment Act of 1974 (revised Jobs for
Veterans Act of 2002): This act was passed to ensure equal employment
opportunity for qualified disabled veterans and veterans of the Vietnam War.
Affirmative action is required in the hiring and promotion of veterans.
R. Executive Order 11246, as amended: This executive order applies to all
Grantees, Subrecipients, their contractors, and subcontractors. It provides that
no person shall be discriminated against on the basis of race, color, religion, sex,
or national origin.
S. 24 C.F.R. Part 5, Subpart A: The requirements at 24 C.F.R. Part 5 are
applicable including the nondiscrimination and equal opportunity requirements at
24 C.F.R. § 5.105(a) and the housing counseling requirements at 24 C.F.R. §
5.111 .
T. Build America, Buy America: Contractor must comply with the requirements of
the Build America, Buy America (BABA) Act, 41 U.S.C. 8301 and all applicable
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 18 of 30
EXHIBIT D
rules and notices, as may be amended, if applicable to the Grantee's
infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased
Implementation Waiver for FY 2022 and 2023 of Build America, Buy America
Provisions as Applied to Recipients of HUD federal financial assistance" (88 FR
17001), any funds obligated by HUD on or after the applicable listed effective
dates are subject to BABA requirements, unless exempted by a waiver.
16. Affirmative Outreach
A. Contractor or its Service Providers must make known that the use of the facilities,
assistance, and services are available to all on a nondiscriminatory basis. If it is
unlikely that the procedures the Contractor or its service providers intend to use
to make known the availability of its facilities, assistance, and services will reach
persons of any particular race, color, religion, sex, age, national origin, familial
status, or disability, who may qualify for those facilities and services, the
Contractor or its service providers must establish additional procedures that
ensure that those persons are made aware of the facilities, assistance, and
services.
B. Contractors and Service Providers must take appropriate steps to ensure
effective communication with persons with disabilities including, but not limited to,
adopting procedures that will make available to interested persons information
concerning the location of assistance, services, and facilities that are accessible
to persons with disabilities. Consistent with Title VI and Executive Order 13166,
Contractors and Service Providers are also required to take reasonable steps to
ensure meaningful access to programs and activities for Limited English
Proficiency (LEP) persons.
C. Equal Access for Disabilities:
1) Contractors must provide a language access plan that makes appropriate
accommodations for LEP interpretive services and services that support
the visually impaired as required by Section 504 of the Rehabilitation Act
of 1973, as amended, 29 U.S.C. Section 794 (contractors receiving
federal financial assistance), in conjunction with section 508 of the
Rehabilitation Act of 1973, as amended, 29 U.S.C. Section 794d (created
the U.S. Access Board to regulate websites, electronic information and
communication technology (EICT) accessibility); Section 255, of the
Communications Act of 1934, as amended; 24 C.F.R. Part 8, including
sections 8.3 and 8.4; and 36 C.F.R. Part 1194, 36 C.F.R. §§ 1194.1.
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 19 of 30
EXHIBIT D
1194.2, and Appendices B and C to Part 1194 (accessibility standards for
disabled to communication technology); see U.S. Access Board website;
2) Achieving Compliance: The California State Dept. of Rehabilitation
maintains an Assistive Technology website with resources for services to
achieve compliance with recognized standards for non-discriminatory
accessibility.
17. Environmental Requirements
A. By execution of this Agreement, the Contractor agrees to assume responsibility
for environmental review, decision-making, and action under 24 C.F.R. Part 58,
"Environmental Review Procedures for Entities Assuming HUD Environmental
Responsibilities" and shall comply with the environmental requirements of 24
C.F.R. Part 58 including §58.4 "Assumption Authority." The obligation of funds
and incurring of costs is hereby conditioned upon compliance with 24 C.F.R. Part
58, and completion by HCD of all applicable review and approval requirements.
B. The Contractor, its Service Providers, and any Subcontractors of the Contractor
or service provider, may not acquire, rehabilitate, convert, lease, repair, dispose
of, demolish, or construct property for a project, or commit or expend ESG or
local funds for eligible activities under this part, until the Contractor has
performed an environmental review under 24 C.F.R. Part 58 and the Contractor
has received HCD approval if required by the level of environmental review.
C. In accordance with 24 C.F.R. § 58.22, "Limitations on activities pending
clearance" neither a Contractor nor any Service Provider in the development
process, including public or private nonprofit or for-profit entities, or any of their
contractors, may commit HUD assistance under a program listed in 24 C.F.R.
§ 58.1(b) on an activity or project until the environmental review process is
complete and if required, HCD has approved the Contractor's HUD Form 7015.5
"Request for Release of Funds and Certification" (RROF) and issued HUD Form
7015.16, "Authority to Use Grant Funds". Neither a Contractor nor any Service
Provider in the development process may commit non-HUD funds or undertake
an activity or project that would have an adverse environmental impact or limit
the choice of reasonable alternatives. Upon completion of environmental review,
HCD shall notify Contractor. HUD funds shall not be utilized before this
requirement is satisfied. Violation of 24 C.F.R. Part 58 may result in disapproval,
modification, or cancellation of the ESG Grant.
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 20 of 30
EXHIBIT D
D. If a project or activity is exempt under 24 C.F.R. § 58.34, "Exempt activities" or is
categorically excluded (except in extraordinary circumstances) under 24 C.F.R.
§ 58.35(b) "Categorical exclusions not subject to §58.5", no RROF is required,
and the recipient may undertake the activity immediately after the Contractor has
provided documentation to HCD of its determination that each activity or project
is exempt or categorically excluded. The Contractor remains responsible for
carrying out any applicable requirements under §58.6, "Other Requirements" and
must provide documentation to HCD at the time of grant monitoring of its
compliance with this section of 24 C.F.R. Part 58.
E. By execution of this Agreement, the Contractor is also subject to the provisions of
the California Environmental Quality Act (CEQA). Contractor assumes
responsibility to fully comply with CEQA's requirements regarding the Work.
18. Clean Air and Water Acts
This Agreement is subject to the requirements of the Clean Air Act, as amended, 42
U.S.C. 7401 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq., 1318 relating to inspection, monitoring, entry, reports, and information, as
well as other requirements specified in said Section 114 and Section 308, and the
regulations of the Environmental Protection Agency with respect thereto, at 40 C.F.R.
Part 5050, as amended from time to time.
19. Lead-Based Paint Hazards
The assistance provided under this Agreement is subject to the Lead-Based Paint
Poisoning Prevention Act (42 U.S.C. 4821 —4845), the Residential Lead-Based Paint
Hazard Reduction Act of 1992 (42 U.S.C. 4851 - 4856). Activities performed with the
assistance provided under this Agreement are subject to 24 C.F.R. Part 35.
20. Labor Standards
A. Pursuant to 24 C.F.R. § 576.407(e) Davis-Bacon Act does not apply to the ESG
program.
B. Federal Regulations see The Fair Labor Standards Act (FLSA) 29 U.S.C. §§ 201-
219.
21. Matching Funds
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 21 of 30
EXHIBIT D
The matching requirements of 24 C.F.R. § 576.201 shall apply to this activity. The
Department requires the Contractor to provide a 1:1 match for all ESG expenditures.
The eligible forms of matching contributions are defined at 24 C.F.R. § 576.201(d).
Program income may be used as matching contributions, subject to the requirements at
24 C.F.R. § 576.201.
23. Assurance of Compliance with the "Violence Against Women Reauthorization Act
of 2022" (VAWA) (S.3623 - 117th Congress (2021-2022) (as amended or
reauthorized) Title VI -Safe Homes for Victims of Domestic Violence, Dating
Violence, Sexual Assault, and Stalking — Sec. 601-603. See also 81 FR 80803,
Nov16, 2016.
VAWA provides housing protections for survivors of domestic and dating violence,
sexual assault, and stalking when it comes to finding and keeping a home, they can feel
safe in. VAWA applies for all victims of domestic violence, dating violence, sexual
assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which
must be applied consistently with all nondiscrimination and fair housing requirements.
VAWA now expands housing protections to HUD programs beyond HUD's public
housing program and HUD's tenant-based and project-based Section 8 programs.
VAWA now provides enhanced protections and options for victims of domestic violence,
dating violence, sexual assault, and stalking. During the performance of this
Agreement, the ESG Recipient shall ensure that all requirements of VAWA are
complied with, including but not limited to:
A. Domestic Violence survivors are not denied assistance as an applicant, or
evicted or have assistance terminated as a tenant, because the applicant or
tenant is or has been a victim of domestic violence, dating violence, sexual
assault, and stalking.
B. It will implement an `emergency transfer plan', which allows for domestic violence
survivors to move to another safe and available unit if they fear for their life and
safety.
C. It will provide "Protections against denials, terminations, and evictions that
directly result from being a victim of domestic violence, dating violence, sexual
assault, or stalking, if the applicant or tenant otherwise qualifies for admission,
assistance, participation, or occupancy."
D. It will implement a `Low-barrier certification process' where a domestic violence
survivor need only to self-certify in order to document the domestic violence,
dating violence, sexual assault, or stalking, ensuring third party documentation
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 22 of 30
EXHIBIT D
does not cause a barrier in a survivor expressing their rights and receiving the
protections needed to keep themselves safe.
24. Liability Insurance
Unless otherwise approved in writing, Contractor shall have and maintain in full force
and effect during the term(s) of this Agreement liability insurance in an amount of not
less than $1,000,000.00 per occurrence with the Department named as an additional
insured. Prior to drawdown of funds, Contractor shall provide a valid certificate of
insurance to the Department's Program Representative for review and approval.
25. Reporting and Recordkeeping
A. Pursuant to Section 303 of the Guidelines, Contractor shall keep and maintain
records providing a full description of the activity(ies) undertaken. These include
but are not limited to the following:
1) Records demonstrating that the activity(ies) meet the Emergency
Solutions Grant program's national objective for which the ESG Grant is
being provided;
2) Records demonstrating the eligibility of the activities constituting the
eligible program expenses;
3) Records demonstrating compliance with this Agreement and the ESG
Requirements;
4) Data demonstrating client eligibility for services provided including the
name, income level, family size of each client and other information for
determining eligibility.
B. A record of the services provided to each client, and such other records as may
be reasonably required by the Department to allow the Department to evaluate
the Contractor's operation of the program and compliance with the ESG Program
and this Agreement.
C. Records that allow the Department to comply with the Department's record
keeping and reporting under the ESG Requirements. Contractor shall provide
records that identify and account for the use of the ESG Grant proceeds and
expenditures of all eligible program costs pertaining to this Agreement. Including
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 23 of 30
EXHIBIT D
without limitation, the records specified in 24 C.F.R. § 576.500, as they pertain to
the activities under this Agreement.
D. Books and records pertaining to the eligible program expenses shall be kept and
prepared in accordance with generally accepted accounting principles or as
otherwise required by the Department.
E. By July 31 of each year, Contractor shall submit an Annual Performance Report
to the Department. In accordance with federal reporting requirements, the report
will include, but will not be limited to, beneficiary data, Minority Owned
Business/Women Owned Business (MBE/WBE) data, and Section 3 data, if
applicable.
F. Contractor shall submit a Request for Funds (RFF) and Detailed Expense Report
(DER) in a manner and format approved by the Department within thirty (30)
days after the end of the State Mandated reporting period. Compliance reports
shall be submitted as specified by the Department. Close-out-of-grant progress
reports shall be submitted within sixty (60) days after the end of the reporting
period.
G. Contractor shall manage and maintain all client data information using a
Homeless Management Information System (HMIS) or comparable data system
(defined as a separate data system that collects required HMIS and ESG data
elements and complies with HUD Data and Technical Standards).
H. Contractor shall maintain all fiscal and program records pertaining to the ESG
Grant for a period of five (5) years after the Department closes its HUD grant or
any other period specified in 24 C.F.R. § 576.500(y).
1) NOTE: Record retention is based on the Department's HUD closing date;
NOT five LQ years from this Agreement expiration. The retention
requirement can extend beyond five (5) years after this Agreement
expires. Therefore, the Contractor must contact the Department for the
specific record retention date for this Agreement.
I. Contractor shall submit required reports on forms approved by the Department.
26. Audit/Retention and Inspection of Records
A. Contractor agrees to maintain accounting books and records in accordance with
Generally Accepted Accounting Principles, pursuant to 2 C.F.R. § 200.1
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 24 of 30
EXHIBIT D
Contractor agrees that the Department, the Department of General Services, the
Bureau of State Audits, the Department of Housing and Urban Development, or
their designated representatives, shall have the right to review and copy any
records and supporting documentation pertaining to the performance of this
Agreement. Contractor agrees to maintain such records for possible audit for five
(5) years after the Department closes its HUD grant or any other period specified
in 24 C.F.R. § 576.500(y).
NOTE: Record retention is based on the Department's HUD closing date; NOT
five (5) years from this Agreement expiration. The retention requirement can
extend beyond five (5) years after this Agreement expires. Therefore, the
Contractor must contact the Department for the specific record retention date for
this Agreement.
B. Contractor agrees to allow the auditor(s) access to such records during normal
business hours and to allow interviews of employees who might reasonably have
information related to such records. Further, Contractor agrees to include a
similar right of the Department to audit records and interview staff in any
subcontract related to performance of this Agreement.
C. Contractor receives federal funds that, in the aggregate, equal or exceed the
threshold identified in the Uniform Administrative Requirements, the Contractor
must have an annual single audit in compliance with the Single Audit Act of 1984,
as amended and comply with 2 C.F.R. Part 200, Subpart F. The audit shall be
performed by a qualified State, local or independent auditor. Contractor shall
notify the Department of the auditor's name and address immediately after the
selection has been made. The contract for audit shall include a clause which
permits access by the Department to the independent auditor's working papers.
Audits shall be submitted to the Department when completed but no later than
nine months following the close of the fiscal year. Contractor shall take corrective
actions on any issues noted during the audit within six months of the date of
receipt of the reports. HCD shall consider sanctions as described in 2 C.F.R. §
200.505 if the Contractor is not in compliance with these audit requirements.
D. Contractor, its Service Providers, and their subcontractors shall comply with the
audit requirements contained in 2 C.F.R. Part 200.
27. Faith-Based Activities
Contractor and its Service Providers shall not require, as a condition of Program
Participant housing, participation by Program Participants in any religious or
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 25 of 30
EXHIBIT D
philosophical ritual, service, meeting, or rite. Contractor and its Service Providers listed
shall also comply with the requirements of 24 C.F.R. § 576.406 of the Federal
Regulations.
28. Interest of Members, Officers or Employees of Contractors, Members of Local
Governing Body
In addition to the conflict-of-interest requirements in 2 C.F.R. § 200.112 and pursuant to
24 C.F.R. § 576.404, no person:
A. Who is an employee, agent, consultant, officer or elected as appointed official of
the Contractor (or of any designated public agency); and
B. Who exercises or has exercised any functions or responsibilities with respect to
assisted activities; or,
C. Who is in a position to participate in a decision-making process or gain inside
information with regard to such activities,
may obtain a personal or financial interest or benefit from the activity or have an
interest in any contract, subcontract or agreement with respect thereto, or the
proceeds thereunder, either for themselves or for those with whom they have
family or business ties, during their tenure or for 1 year thereafter.
HUD may grant an exception to this exclusion as provided in 24 C.F.R. § 570.611
(d)-
D. Contractor shall maintain a written code or standards of conduct that shall govern
the performance of its officers, employees, or agents engaged in the selection,
award, and/or administration of contracts supported by federal funds to ensure
no conflict of interest, real or apparent, would be involved.
29. Anti-Lobbying Certification
A. The Contractor shall require that the language of this certification be included in
all contracts or subcontracts entered into in connection with this grant and that all
Service Providers shall certify and disclose accordingly. This certification is a
material representation of fact upon which reliance was placed when this
transaction was made or entered into.
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 26 of 30
EXHIBIT D
B. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000.00 and no
more than $100,000.00 for such failure.
1) No federal appropriated funds have been paid or will be paid, by or on
behalf of it, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative
agreement.
2) If any funds other than federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant, loan, or cooperative
agreement, it will complete and submit Standard Form LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
30. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or
subsequent breach. Failure of the Department to enforce the provisions of this
Agreement or required performance by the Contractor of these provisions, at any time,
shall in no way be construed to be a waiver of such provisions, nor affect the validity of
this Agreement, or the right of the Department, to enforce these provisions.
31. Litigation
A. If any provision of this Agreement, or any underlying obligation, is held invalid by
a court of competent jurisdiction, such invalidity, at the sole discretion of the
Department, 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. Contractor shall notify the Department immediately of any claim or action
undertaken by or against it, which affects or may affect this Agreement of the
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 27 of 30
EXHIBIT D
Department 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 the Department.
32. Sanctions
The Department may impose sanctions, as well as any other remedies available to it
under law, on Contractor or its Service Providers, for failure to abide by any State and
Federal laws and regulations applicable to the ESG Program. Such sanctions include:
A. Conditioning a future grant on compliance with specific laws of regulations;
B. Directing Contractor or its Service Providers to stop incurring costs under the
current grant;
C. Requiring that some or the entire grant amount is remitted to the Department;
D. Reducing or disencumbering some or all of the amount of grant funds Contractor
would otherwise be entitled to receive;
E. Electing not to award future grant funds to Contractor unless and until
appropriate actions are taken by the Contractor to ensure compliance; and/or,
F. Taking any other actions permitted pursuant to 24 C.F.R. § 576.501.
33. Drug-Free Workplace Requirements
The Contractor shall comply with and be subject to the requirements of the federal drug-
free workplace requirements, which include the following actions be taken:
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the grantee's workplace and specifying the actions that will be taken
against employees for violation of such prohibition.
B. Establishing an ongoing drug-free awareness program to inform employees
about: (i) the dangers of drug abuse in the workplace; (ii) the Contractor's policy
of maintaining a drug-free workplace; (iii) any available drug counseling,
rehabilitation, and employee assistance programs; and (iv) the penalties that may
be imposed upon employees for drug abuse violations occurring in the
workplace.
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 28 of 30
EXHIBIT D
C. Contractor and their Service Providers shall maintain a drug free environment on
the Site. Contractor and their Service Providers pledge to the Department that all
persons working or residing on the Site shall not unlawfully manufacture,
distribute, dispense, possess, or use controlled substances, as said term is
defined in 21 U.S.C. Section 812 and California Health and Safety Code Section
11007 (or successor statutes), including marijuana, heroin, cocaine, and
amphetamines on the Site. If Contractor or any person working or residing on the
Site is convicted or pleads guilty or nolo contendere to a charge of unlawfully
manufacturing, distributing, dispensing, possessing, or using controlled
substances on the Site, then such event shall constitute a default of this
Agreement.
34. Area-wide System Coordination Requirements
The Contractor and their Service Providers agree to participate in the Homeless
Management Information System ("HMIS"), or comparable database, pursuant to 24
C.F.R. § 576.107. Contractor must ensure that data on all persons served, and all
activities assisted under ESG are entered into the applicable community wide HMIS in
the area in which those persons and activities are located, or a comparable database, in
accordance with HUD's standards on participation, data collection, and reporting under
a local HMIS. Contractor shall coordinate and integrate, to the maximum extent
practicable, ESG funded activities with mainstream housing, health, social services,
employment education, and youth programs targeted to homeless people in the area
covered by the Continuum of Care ("CoC") or area over which the services are
coordinated to provide a strategic, community-wide system to prevent and end
homelessness for the area as set forth at 24 C.F.R. § 576.400(b) and (c). Furthermore,
Contractor understands they are required by federal law to provide for the participation
of at least one homeless or formerly homeless person(s) in a policy-making function
within the organization as required in 24 C.F.R. § 576.405. This might include, for
example, involvement of a homeless or formerly homeless person on the Board of
Directors or similar entity that considers and sets policy or makes decisions for
Contractor. The Contractor also agrees that to the maximum extent practicable, they will
involve, through employment, volunteer services, or otherwise, homeless individuals
and families in constructing, renovating, maintaining, and operating facilities assisted
under this Agreement as listed in 24 C.F.R. § 576.405 in accordance with 42 U.S.C.
11375(d) and 42 U.S.C. 11375(c)(7).
35. Evaluation of Program Participant Eligibility and Needs
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 29 of 30
EXHIBIT D
Pursuant to 24 C.F.R. § 576.401, Contractor and their Service Providers shall conduct
an initial evaluation to determine the eligibility of each individual or family's eligibility for
ESG assistance and the amount and types of assistance the individual or family needs
to regain stability in permanent housing. These evaluations must be conducted in
accordance with the centralized or coordinated assessment requirements set forth
under 24 C.F.R. § 576.400(d) and the written standards established under 24 C.F.R. §
576.400(e).
35. False, Fictitious or Fraudulent Claims:
Warning: Any person who knowingly makes a false claim or statement to HUD or the
Department may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and
31 U.S.C. 3729.
A. Detecting, Preventing, and Reporting FRAUD
1) Fraud is a white-collar crime that has a devastating effect on the ESG
program because the ESG program beneficiaries are victims of this crime
when the ESG program is abused.
2) HCD wants to stop any criminal assault on the ESG program it
administers, and in doing so all ESG funds go to people it was designed to
help and improve their living conditions.
B. Combatting Fraud
1) The U.S. Department of Housing and Urban Development (HUD) Office of
Inspector General (OIG) is committed to protecting HUD's programs,
operations, and beneficiaries from dishonest individuals and
organizations.
2) HUD cannot combat fraud alone.
3) HUD relies on HCD and ESG NOFA applicants to combat ESG program
fraud. HUD also relies on applicants for, and people receiving, HUD
benefits, such as tenants receiving rental assistance, borrowers with HUD
insured loans, or citizens having their communities restored using HUD
grants.
4) The HUD OIG Hotline number is 1-800-347-3735, this is the primary
means to submit allegations of fraud, waste, abuse, mismanagement, or
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 30 of 30
EXHIBIT D
Whistleblower related matters for the ESG program to the Office of
Inspector General.
5) HUD OIG accepts reports of fraud, waste, abuse, or mismanagement in
the ESG program from HUD employees, anyone administering the ESG
program, anyone working in the ESG program, contractors, and the public.
6) You can report mismanagement or violations of law, rules, or regulations
by HUD employees or program participants.
7) Fraud, Waste and Abuse in the ESG program and it operation may be
reported in one of the following four (4) ways:
E-mail to: hotline hudoig.gov
By Phone: Call toll free: 1-800-347-3735
By Fax: 202-708-4829
By Mail: Department of Housing & Urban Development.
HUD OIG, Office of Investigation, Room 1200
Field Office
One Sansome Street
San Francisco, CA 94104
(213) 534-2518
HUD OIG, Office of Investigation
Suite 4070
Regional Office
300 North Los Angeles Street
Los Angeles, CA 90012
(213) 534-2518
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Dates: 12/31/2024
Approve Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 1 of 4
EXHIBIT E
PROJECT SPECIFIC PROVISIONS AND SPECIAL TERMS AND CONDITIONS
A. Project Specific Provisions
The following are project specific terms and conditions as a result of the application
submitted in response to the ESG NOFA dated December 31, 2024, and shall inform
the references made to project specific information not contained in prior exhibits.
Grant Contractor Name Total Yearly Estimated
Year Award Allocation Amount
FY2024 County of Fresno $ 437,710.00
$ 437,710.00
County of Fresno <<FY25
FY2025 TBD AWARD
AMOUNT>>
County of Fresno <<FY26
FY2026 TBD AWARD
AMOUNT>>
1. Scope of Work
For the purposes of performing the Work, the Department agrees to provide the
amount shown above. In no instance shall the Department be liable for any costs for
Work in excess of this amount, nor for any unauthorized or ineligible costs. The ESG
Recipient agrees to administer this allocation in accordance with the provisions of 24
C.F.R. Part 576 and 24 C.F.R. Part 91 and the Guidelines.
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Date: 12/31/2024
Approved Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 2 of 4
EXHIBIT E
2. Term of Agreement
The terms of the Agreement have an Expiration Date of 5 years from the execution date
of the Agreement. This Agreement will have Expenditure Milestones and other
deadlines for each fiscal year of funding, as outlined in the Guidelines and NOFA.
Amendments and Revisions
This agreement can be amended to add additional funds subject to congressional
appropriation and allocation to the State as evidenced by a HUD grant agreement. The
Contractor must be in compliance with all ESG and Department requirements.
3. Performance and Expenditure Milestone Requirements - As referenced in
Exhibit A and herein Exhibit E
Milestone Milestone Completion Date
Annual Funding Cycle 2024 — 2026 (FY2024)
August 27, 2026
75 percent of total ESG award must be fully Maximum Recapture (as a percentage of total award)
expended. is the difference between 75 percent of the total award
and the amount drawn in IDIS as of August 28, 2026.
September 26, 2026
100 percent of total ESG award must be fully Maximum Recapture (as a percentage of total award)
expended. is the difference between 100 percent of the total
award and the amount drawn in IDIS as of November
25, 2026.
All requests for reimbursement must be November 25, 2026
submitted to the Department.
Annual Funding Cycle 2025 — 2027 (FY2025)
Commitment of ESG Funds; Amendment #1
to the Standard Agreement must be <<DATE TBD»
executed.
75 percent of total ESG award must be fully <<DATE TBD»
expended.
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Date: 12/31/2024
Approved Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 3 of 4
EXHIBIT E
100 percent of total ESG award must be fully <<DATE TBD»
expended.
All requests for reimbursement must be <<DATE TBD»
submitted to the Department.
Annual Funding Cycle 2025 — 2027 (FY2026)
Commitment of ESG Funds; Amendment #2
to the Standard Agreement must be <<DATE TBD»
executed.
75 percent of total ESG award must be fully <<DATE TBD»
expended.
100 percent of total ESG award must be fully <<DATE TBD»
expended.
All requests for reimbursement must be <<DATE TBD»
submitted to the Department.
4. Contractor's Contract Coordinators
Authorized Representative Name Ernest Mendes
Authorized Representative Title Chairman, County Board of Supervisors
Agency Name County of Fresno
Address 205 West Pontiac Way
Clovis, CA 93612
Phone No. (559) 600-4000
Email Address District4@fresnocountyca.gov
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Date: 12/31/2024
Approved Date: 2/6/2025
Prep. Date: 8/1/2025
County of Fresno
24-ESG-00059
Page 4 of 4
EXHIBIT E
5. Budget Detail and Payment Provisions
Rapid Re-Housing Assistance 1$ 218,855.00
Emergency Shelter $ 144 444.00
Street Outreach $ 65 657.00
Homelessness Prevention
Homeless Management Information System $ 4 377.00
Grant Administration $ 4,377.00
-----------------------------------------------------------------------------------------
TOTAL GRANT AWARD AMOUNT: $ 437,710.00
6. Special Terms and Conditions
The following Special Conditions are applicable to this Standard Agreement and shall
control notwithstanding anything to the contrary herein:
N/A
Program Name: Emergency Solutions Grants Program (ESG)
NOFA Date: 12/31/2024
Approved Date: 2/6/2025
Prep. Date: 8/1/2025