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HomeMy WebLinkAboutAgreement A-26-009 with HUD for FY 24 Planning Grant.pdf P''MENT" Agreement No. 26-009 U.S.Department of Housing&Urban Development yo IIIIIIII San Francisco Regional Office `9e,NpE�F oQ� One Sansome Street,Suite 1200 San Francisco,CA 94104-4430 www.hud.gov OFFICE OF COMMUNITY PLANNING AND DEVELOPMENT December 15,2025 Mr. Earnest Mendes, Chairman Fresno County Board of Supervisors County of Fresno 2281 Tulare Street Fresno,CA 93721 SUBJECT: Fiscal Year 2024 Continuum of Care(CoC) Program Grant Agreement Transmittal Dear Mr. Earnest Mendes: The Department of Housing and Urban Development(HUD) would like to thank you for your continued collaboration as we strive to ensure that the investment of housing and supportive services effectively contributes to improved housing stability and health outcomes for people experiencing homelessness. The following Grant Agreement is attached for the CoC program awarded as follows: CA2353L9T142400 County of Fresno $680 105 Total FY 2024 Award $680,105 Federal Award Agreement You are reminded that you, as a grantee, are responsible for ensuring that all grant funds are used in accordance with all program requirements and your approved application. By executing the Federal Award Agreement, you are entering into a legally binding agreement with HUD to use the awarded funds and carry out the funded activities in accordance with all Federal statutes, regulations, Federal Register notices, and award terms and conditions that apply to those funds and activities. Please carefully note the addenda that are part of the agreement. HUD recognizes that federal courts including the U.S. District Court of Rhode Island in Rhode Island Coalition Against Domestic Violence, et al. v. Kennedy, et al., 1:25-cv-00342 (D.R.I.) have issued injunction orders which now impact all CPD Federal Award Agreements and grantees. To preserve all legal rights and defenses, the enclosed agreement contains the same conditions at issue in those orders. For grantees who are plaintiffs covered by those orders or for non-plaintiff grantees who are otherwise covered by those orders, be advised that HUD will comply with all applicable injunction orders and will not implement or enforce the challenged conditions consistent with those orders while those orders are in effect. This will include HUD disregarding any"certifications" or"compliance" statements as covered by those orders. Accordingly, kindly return an executed copy of the Federal Award Agreement, as discussed below, and HUD will make grant funds at issue in your agreement available. Please be further advised that should the injunction order that currently prohibits HUD from enforcing the challenged conditions as to your grant or award be stayed, dissolved, or reversed, the agreement, with the challenged conditions, will become effective. Executing the Agreement The authorized official must complete Addendum 3. Indirect Cost Rate Schedule, even if no indirect costs will be charged under the grant. Please mark one (and only one) checkbox to reflect how indirect costs will be calculated and charged under the grant. Please note that the Office of Management and Budget(OMB)issued revised Guidance and the de minimis indirect cost rate increased from 10 percent to up to 15 percent of Modified Total Direct Costs. After certifying Addendum 3., the authorized official must input their full name and title, and then execute the agreement, with a signature, and date. No other additions other than those described here should be made to the grant agreement without prior written approval. Please ensure the authorized official signs the agreement. You must return the entire Federal Award Agreement, including all addenda, to this office via the Field Office General Email Inbox: sfcpdmail@hud.gov. HUD congratulates County of Fresno on your grant award(s), and we look forward to assisting you in accomplishing your program goals. If you have any questions or need further information or assistance,please contact your assigned Field Office representative or email our Office at sfcpdmail@hud.gov. Sincerely, L I I D Dig i ly sig Lned by LETICIA JOHNSON CN= ETICIA JOHNSON C=USO=U. ent OU=Department of Housing JOHNSON a oeD—Ioe t.af eofDomm iry n�ng ana Deveiopmem Data 1111A 1,11 111111-11'11' Leticia M. Johnson Acting CPD Director Office of Community Planning and Development Enclosures 2 QP,?;(OF NT O, * IIhAx U.S.Department of Housing and Urban Development III* Office of Community Planning and Development Zo IIIIIIII �2 San Francisco Regional Office One Sansome Street,Suite 1200 9e'9N DEVE�'Oe San Francisco,CA 94104-4430 Grant Number: CA2353L9T142400 Recipient's Name: County of Fresno Tax ID Number: 94-6000512 Unique Entity Identifier [SAM]: GSEENLMEPQ27 Federal Award Date: 12/15/2025 CONTINUUM OF CARE PROGRAM (Assistance Listing# 14.267) GRANT AGREEMENT This Grant Agreement("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and County of Fresno (the "Recipient"). This Agreement, the Recipient's use of funds provided under this Agreement(the "Grant" or "Grant Funds"), and the Recipient's operation of projects assisted with Grant Funds are governed by 1. The Consolidated Appropriations Act, 2024 (Public Law 118-42, approved March 9, 2024); 2. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"); 3. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time; 4. the Notice of Funding Opportunity for FY 2024 and FY 2025 Continuum of Care Competition and Renewal or Replacement of Youth Homeless Demonstration Program(NOFO) except for references in the NOFO to Executive Orders that have since been repealed; 5. all current Executive Orders; and 6. the Recipient's application submissions on the basis of which these Grant Funds were approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition(collectively, the "Application"). The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule. HUD's total funding obligation authorized by this grant agreement is $680,105, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD-approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s)period stated below. www.hud.gov Page 1 Grant No. (FAIN) Grant Term Performance Budget Total Amount Period Period CA2353L9T142400 12 months l/l/26 l/l/26 $680,105 - 12/31/26 - 12/31/26 allocated between budget line items as follows: a. Continuum of Care Planning Activities $680,105 b. Acquisition $0 c. Rehabilitation $0 d. New construction $0 e. Leasing $0 f. Rental assistance $0 g. Supportive services $0 h. Operating costs $0 i. Homeless Management Information System $0 j. Administrative costs $0 k. Relocation costs $0 1. VAWA Costs $0 m. Rural Costs $0 n. HPC homelessness prevention activities: Housing relocation and stabilization services $0 Short-term and medium-term rental assistance $0 www.hud.gov Page 2 Pre-award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre-award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if such costs: a) are consistent with 2 CFR 200.458; and b)would be allowable as a post-award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre-award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre-award costs incurred. These provisions apply to all Recipients: The Recipient: (1) shall not use grant funds to promote "gender ideology," as defined in E.O. 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government; (2) agrees that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the U.S. Government's payment decisions for purposes of section 3729(b)(4) of title 31, United States Code; (3) certifies that it does not operate any programs that violate any applicable Federal anti- discrimination laws, including Title VI of the Civil Rights Act of 1964; (4) shall not use any Grant Funds to fund or promote elective abortions, as required by E.O. 14182, Enforcing the Hyde Amendment; and (5)Notwithstanding anything in the NOFO or Application, this Grant shall not be governed by Executive Orders revoked by E.O. 14154, including E.O. 14008, or NOFO requirements implementing Executive Orders that have been revoked. The recipient must administer its grant in accordance with all applicable immigration restrictions and requirements, including the eligibility and verification requirements that apply under title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended(8 U.S.C. 1601-1646) (PRWORA) and any applicable requirements that HUD, the Attorney General, or the U.S. Center for Immigration Services may establish from time to time to comply with PRWORA, Executive Order 14218, or other Executive Orders or immigration laws. No state or unit of general local government that receives funding under this grant may use that funding in a manner that by design or effect facilitates the subsidization or promotion of illegal immigration or abets policies that seek to shield illegal aliens from deportation. Subject to the exceptions provided by PRWORA, the recipient must use SAVE, or an equivalent verification system approved by the Federal government, to prevent any Federal public benefit from being provided to an ineligible alien who entered the United States illegally or is otherwise unlawfully present in the United States. www.hud.gov Page 3 HUD will not enforce provisions of the Grant Agreement to the extent that they require the project to use a housing first program model. As stated in Section III.A.2 of the NOFO, Faith-based organizations may be recipients or subrecipients for funds under this agreement on the same basis as any other organization. Recipients may not, in the selection of subrecipients, discriminate against an organization based on the organization's religious character, affiliation, or exercise. If any new projects funded under this Agreement are for project-based rental assistance for a term of fifteen (15)years, the funding provided under this Agreement is for the performance period stated herein only. Additional funding is subject to the availability of annual appropriations. The budget period and performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period and performance period of the grant being renewed. Eligible costs incurred between the end of Recipient's budget period and performance period under the grant being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project's budget period and performance period under the grant that has been renewed. For any transition project funded under this Agreement the budget period and performance period of the transition project(s)will begin immediately at the end of the Recipient's final operating year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule, incurred between the end of Recipient's final operating year under the grant being transitioned and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High-performing Communities (HPCS) are published on HUD.gov in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year. The Recipient must use the Grant Funds only for costs (including indirect costs) that meet the applicable requirements in 2 CFR part 200 (including appendices), as may be amended from time to time. The Recipient's indirect cost rate information is as provided in Addendum#1 to this Agreement. The Recipient must immediately notify HUD upon any change in the Recipient's indirect cost rate, so that HUD can amend the Agreement to reflect the change if necessary. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e-snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. The Recipient must comply with the applicable requirements in 2 CFR part 200, as may be amended from time to time. www.hud.gov Page 4 Build America, Buy America Act. The Grantee must comply with the requirements of the Build America, Buy America(BABA)Act, 41 USC 8301 note, 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 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. Waste, Fraud, Abuse, and Whistleblower Protections. Any person who becomes aware of the existence or apparent existence of fraud, waste or abuse of any HUD award must report such incidents to both the HUD official responsible for the award and to HUD's Office of Inspector General (OIG). HUD OIG is available to receive allegations of fraud, waste, and abuse related to HUD programs via its hotline number(1-800-347-3735) and its online hotline form. You must comply with 41 U.S.C. § 4712, which includes informing your employees in writing of their rights and remedies, in the predominant native language of the workforce. Under 41 U.S.C. § 4712, employees of a government contractor, subcontractor, grantee, and subgranteeas well as a personal services contractor—who make a protected disclosure about a Federal grant or contract cannot be discharged, demoted, or otherwise discriminated against as long as they reasonably believe the information they disclose is evidence of: 1. Gross mismanagement of a Federal contract or grant; 2. Waste of Federal funds; 3. Abuse of authority relating to a Federal contract or grant; 4. Substantial and specific danger to public health and safety; or 5. Violations of law, rule, or regulation related to a Federal contract or grant. HUD may terminate all or a portion of the Grant in accordance with the Act, the Rule and 2 CFR 200.340. The Agreement constitutes the entire agreement between the parties and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). www.hud.gov Page 5 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development By: YM?4�— (Signature) Leticia M. Johnson, Acting Director (Typed Name and Title) December 15, 2025 (Date) RECIPIENT County of Fresno (Name of Organization) By: /z / / ATTEST: BERNICE E.SEIDEL (Signature of Authorized Official) Clerk of the Board of Supervisors County of Fresno,State of California Garry Bredefeld, Chairman of the County of Fresno Board of By Deputy Supervisors (Typed Name and Title of Authorized Official) /-& aoa& (Date) Accounting Information: ORG NO:0128 Account:4375 FUND NO:0023 SUBCLASS NO: 17023 www.hud.gov Page 6 Addendum #1 OMB Number.2501-0044 Expiration Date: 2/28/2027 Indirect Cost Information for Award Applicant/Recipient 1. Federal Program/Assistance Listing Program Title: CONTINUUM OF CARE PROGRAM/Assistance Listing# 14.267 2. Legal Name of Applicant/Recipient: County of Fresno 3. Indirect Cost Rate Information for the Applicant/Recipient: Please check the box that applies to the Applicant/Recipient and complete the table only as provided by the instructions accompanying this form. lEt The Applicant/Recipient will not charge indirect costs using an indirect cost rate. ❑ The Applicant/Recipient will calculate and charge indirect costs under the award by applying a de minimis rate as provided by 2 CFR 200.414(f), as may be amended from time to time. ❑ The Applicant/Recipient will calculate and charge indirect costs under the award using the indirect cost rate(s) in the table below, and each rate in this table is included in an indirect cost rate proposal developed in accordance with the applicable appendix to 2 CFR part 200 and, if required, has been approved by the cognizant agency for indirect costs. Agency/department/ Indirect cost rate Type of Direct Cost Type of Rate major function Base 4. Submission Type (check only one): 5. Effective date(s): ® Initial submission ❑ Update 12/15/25 6. Certification of Authorized Representative for the Applicant/Recipient: "Under penalty of perjury, I certify on behalf of the Applicant/Recipient that (1) all information provided on this form is true, complete, and accurate, and (2) the Applicant/Recipient will provide HUD with an update to this form immediately upon learning of any change in the information provided on this form, and (3) I am authorized to speak for the Applicant/Recipient regarding all information provided on this form. / Signature: Date: ATTEST: BERNICE E.SEIDEL Name: Garry Bredefeld Clerk of the Board of Supervisors County of Fresno,State of California Title: Chairman, County of Fresno Board of Supervisors By_ eputy www.hud.gov Page 7 **Warning:Anyone who knowingly submits a false claim or makes a false statement is subject to criminal and/or civil penalties,including confinement for up to 5 years,fines,and civil and administrative penalties(18 U.S.0 §§287, 1001, 1010, 1012, 1014;31 U.S.C. § 3729,3802;24 CFR§28.10(b)(iii)). Public Reporting Burden Statement:This collection of information is estimated to average 0.25 hours per response, including the time for reviewing instructions,searching existing data sources,gathering,and maintaining the data needed,and completing and reviewing the collection of the requested information.Comments regarding the accuracy of this burden estimate and any suggestions for reducing this burden can be sent to:U.S.Department of Housing and Urban Development,Office of the Chief Data Officer,R,451 7th St SW,Room 8210,Washington,DC 20410-5000. Do not send completed forms to this address.This agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless the collection displays a valid OMB control number. This agency is authorized to collect this information under Section 102 of the Department of Housing and Urban Development Reform Act of 1989.The information you provide will enable HUD to carry out its responsibilities under this Act and ensure greater accountability and integrity in the provision of certain types of assistance administered by HUD.This information is required to obtain the benefit sought in the grant program.Failure to provide any required information may delay the processing of your application and may result in sanctions and penalties including of the administrative and civil money penalties specified under 24 CFR§4.38.This information will not be held confidential and may be made available to the public in accordance with the Freedom of Information Act(5 U.S.C. §552).The information contained on the form is not retrieved by a personal identifier,therefore it does not meet the threshold for a Privacy Act Statement. www.hud.gov Page 8 OMB Number. 2501-0044 Expiration Date: 2/28/2027 Instructions for Completing the Indirect Cost Information for the Award Applicant/Recipient Number Item Instructions 1 Federal Program/ Enter the title of the program as listed in the applicable funding announcement or Assistance Listing notice of funding availability. Program Title 2 Legal Name of Enter the legal name of the entity that will serve as the recipient of the award from Applicant/ HUD. Recipient 3 Indirect Cost Mark the one (and only one) checkbox that best reflects how the indirect costs of the Rate Information Applicant/Recipient will be calculated and charged under the award. Do not include for the Applicant/ indirect cost rate information for subrecipients. Recipient The table following the third checkbox must be completed only if that checkbox is checked. When listing a rate in the table, enter the percentage amount(for example, "15%"),the type of direct cost base to be used (for example,"MTDC'), and the type of rate ("predetermined,""final,""fixed,"or"provisional'. If using the Simplified Allocation Method for indirect costs, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. If using the Multiple Allocation Base Method, enter each major function of the organization for which a rate was developed and will be used under the award, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. If the Applicant/Recipient is a government and more than one agency or department will carry out activities under the award, enter each agency or department that will carry out activities under the award, the indirect cost rate(s) for that agency or department, and the type of direct cost base to which each rate will be applied. 4 Submission Type Check the appropriate box to identify whether this is the first submission of this form for the award or an update to a previous submission of this form for the award. 5 Effective date(s) Enter the date(s) for which the information on this form applies. 6 Certification of An employee or officer of the Applicant/Recipient with the capacity and authority to Authorized make this certification for the Applicant/Recipient must make the certification by Representative signing as provided. They must also provide the date of their signature, full name, and for the Applicant/ position title. Recipient www.hud.gov Page 9