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HomeMy WebLinkAboutAgreement A-19-082 with California BCSH Agency.pdfSTATE/OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) Agreement No. 19-082 AGREEMENT NUMBER 18-HEAP-00027 REGISTRATION NUMBER CA-~14 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME BUSINESS,_CONSUMER SERVICES A!'ID HOUSING AGENCY CONTRACTOR'S NAME County of Fresno 2. · the te"rm of this Agreement is:• Upon BCSH Approval through 10/31/2021, 3. The maximum amount of. this Agreement is: $ 9,501,362:84 4. The parties agree tq comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. ExhibitA- ExhibJt B - Exhibit C- Authority, Purpose and Scope of Work Budget Detail and Payment Provisions Terms and Conditions Exhibit D -Special Terms and Conditions "') TOTAL NUMBER OF PAGES ATTACHED: IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (if other than an individual, state whether a corporation,· partnership, etc.) County of Fresno DATE SIGNED (Do ~ot type) __,, h!.IO 12. X>l'i PRINTED NAME AND TIT!-E OF PERSON SIGNING ~v~ ADDRESS .200 W. ,Pontiac Way, Building 3, Clovis; CA, 93612 STATE OF CALIFORNIA i AGENCY NAME Alexis Podesta, Secretary Business, Consumer Services and Housing Agency ADDRESS 915 Capitol Mall, Suite 350-A,·Sacramento, CA 95814 DATE SIGNED (Do not type) ,~ .2e Jf:J ======================= ATTEST: BERNICE E. SEIDEL Clerk of the Board of Supervisors County of Fresno, State of California 3 3 9 1 16. California Department of General Services Use Only D Exempt per: , Bv ~~ ~ .., -rj-• Deputy I FOR COUNTY OF FRESNO ACCOUNTING USE ONLY:  Fund/Subclass:    0065/17237  Organization:    1132  Account/Program:  3575  1. Authority Standard Ag'reement EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK Homeless Emergency Aid Program·(HEAP) County of Fresno 18-HEAP-00027 Page 1 of 3 Pursuant to Chapter 5 (commencing with Se.ction 50210) of Part 1 of Division 31 of the Health and Safety Code, and all other relevant provisions established under SB 850 (Chapter 48, · Statutes of 2018), the State has established the Homeless Emergency Aid Program ("HEAP" or ;'the Program" or "the grant'} The Program is administered by the California Homeless Coordinating and Financing · Council ("Council") in the Business, Consumer Services and Housing Agency ("Agency"). HEAP provides one-time flexible block grant funds to Administrative. Entities as defined in the September 5, 20~8 HEAP Notice of Funding Availability (NOFA) and Large Cities to address their immediate homelessness challenges. This Standard· Agreement along with all its exhibits ("Agreement") is entered into by the Agency and an Administrative Entity or Large City ("Contractor") under the authority of, and in furtherance of the purpose of, the Progran:i. In signing this Agreement and thereby accepting this award of funds, the Contra~tor agrees to comply with the terms and conditions of the Agreement, ,the Notice of Funding Availability ("NOFA") under which the Contractor applied, the representations Gontained in the Contractor's application, and the requirements of the authority cited above. · 2. Purpose The general purpose of the Program is to provide one-time block grant funding to address the immediate emergency needs of homeless ·individuals and individuals at imminent risk of homelessness in the service·area of each Contractor. In accordance with the authority cited above, an application was made by the 'contractor for HEAP funds to be allocated. for eligible uses under the grant, which include, but are not limited to, the following: services, rental·assistance or subsidies, capital improvements and hom·eless youth activities. 3. Definitions Terms~ herein shall have the same meaning as the definitions set forth in the HEAP NOFA. 4. Scope of Work The Scope of Work,(''Work") for this Agreement shall include or:te-time uses that are consistent with Chapter 5 (commencing with Section 50210) of Part 1 of Division 31 of the Health and Safety Code, and all other relevant provisions established under SB 850 (Chapter 48, Statutes of 2018), for eligible uses, which indude, but are not limited to, one or more of the following: Homeless Emergency Aid·Program NOFADate; 091,05/2018 Contractor's lnitia~ 1. Budget Detail Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS Homeless Emergency Aid Program (HEAP) County of Fresno 18-HEAP-00027 Page 1 of 3 · The Contractor agrees that HEAP funds shall be expended on one-time uses that address immediate homelessness challenges. Consistent with the application submitted by the Contractor on December 12, 2018, the Business, Consumer Services and Housing Agency ("Agency") shall award funds· in the form of a grant for the following e,ligible activities: · A. Capital Improvements: . B. Services: C. Rental Assistance or Subsidies: D. Homeless Youth Set-Aside: E. Administrative Costs: F. Other: Total HEAP Award Amount: 2. General Conditions Prior to Disbursement ' $ o.oo· $ 7,073,213.70 $ 994,679.oo,, $ 475,068.14 $ 475,068.00 $ 483,334.00 $9,501,362.84 General Requirements -All Contractors must submit the following forms prior to HEAP funds being released: A. Request for Funds Form (RFF), B. Four original copies of the signed STD. 213 form and initialed Exhibits A through D,and · C. Any other documents, certifications, or evidence requested by Agency as part of the HEAP application. 3. Expenditure of Funds -Specific requirements and deadlines for contractually obligating and expending awarded funds are defined in the HEAP statutes. Health and Safety Code Sections 50214 and .50215 mandate the following: A. No more than five (5) percerit of HEAP funds may be used for administrative costs related to the execution of eligible activities. B. No less than five (5) percent-of HEAP funds shall be used to establish or expand services meeting the needs of homeless youth or youth at risk of homelessness. C. No less than 50percent of HEAP funds shall be contractually obligated by January 1, 2020. D. One hundred percent of HEAP funds shall be expended by June 30, 2021. Homeless Emergency Aid Program NOFA Date:'109/05/2018 Contractor's lnitia~ Standard Agreement EXHIBITC TERMS AND CONDITIONS Homeless Emergency Aid Program (HEAP) County of Fresno 18-HEAP-00027 Page 1 of 9 1. Effective Date, Commencement of Work and Completion Dates A. This Agreement is effective upon approval by Agency, which is indicated by the signature provided by Agency in the, lower left-hand corner of page one, Standard Agreement, STD. 213, when signed'by all parties. Contractor agrees that the work' shall not commence, nor any costs to be paid with HEAP funds b~ incurred or obligated by any party, prior to execution of this Agreement by Agency and the Contractor, or prior to Contractor's receipt of HEAP funds, whichever date is later. Confractor agrees that the work shall be completed by the expenditure date specified in Exhibit A, Paragraph 6. B. Contractor must contractually obligate no less than 50 percent of HEAP funds by January 1, 2020. One hundred percent of HEAP funds shall be expended by June 30, 2021. Any funds not expended by June 30, 2021 shall be returned to Agency and revert to the General 'Fund. "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 Subcontractors are required to obligate the funds by the same statutory deadlines. "Expended" means all HEAP funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding. C. Contractor and its Subcontractors agree that the work shall be completed by the expiration date specified in.Exhibit A, Paragraph 6 and that the Scope of Work will be provided for the full term of this Agreement. 2. Sufficiency of Funds and Termination A. Agency 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 or conditions of this Agreement, or any breach of contract as described in Paragraph 7; violation of any Federal or State Laws or Regulations; or withdrawal of Agency's expenditure authority. Upon termination of · this Agreement, unless otherwise approved in writing by Agency, any unexpended funds received by the Contractor shall be returned to Agency within thirty days of the Notice of Termination. B. This Agreement is valid and enforceable only if sufficient funds are made available to Agency by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other Homeless Emergency Aid Program NOFA Date: 09/05/2018 Contractor's lnitiald, Standard Agreement Exhibit D County of Fresno 18-HEAP-00027 Paget.of 1 SPECIAL TERMS AND CONDITIONS Homeless Emergency Aid Program (HEAP) 1. All proceeds from.any interest-bearing account established by the Contractor for the deposit of HEAP funds, along with any interest-bearing accounts opened by Subrecipients to the Contractor for the deposit of HEAP funds, must.be used for HEAP-eJigible activities. Consistent with Health and Safety Code Section 50214 (b), no more than five (5) percent of these proceeds may be used for general administrative purposes.· At least five (5} · percent of these proceeds ml,lst be allocated to establishing or expanding services for homeless youth, as defined Jn HEAP Program documents. 2. Any housing-related activities funded with HEAP funds, including but not limited to, em~rgency shelter,. rapid-rehousing, rental assistance; transitional housing and permanent supportive housing must be in compliance or otheiwise · aligned with the Core Components of Housing First, pursuant to Welfare and Institution Code Section 8255(b}. 3. The Con~ractor agrees to provide the Business, Consumer Services and Housing Agency access to Homeless Management Information System ("HMIS"} data collected and entered into the Contractor's HMIS, upon request, and to participate in any statewide· data initiative as directed by BCSH including but not limited to, a statewide data integration environment. 4. Pursuant to the information provided in the Contractor's application, the following jurisdictions have declared and have in effect a shelter crisis in accordance with Government Code Se,ction 8698.2 at the time of this award, and are eligible to . HEAP f d th h th C t ct . receive .un s: .rou~ e on ra or: City. of Coalinga City of Madera Madera County City of Fresno City of Parlier Fresno County · City of Huron City of Sanger The following jurisdictions have not declared a shelter crisis at ·the time of this awa rd d t I" "bl t d' ti . HEAP f d th h th C t ct an are no e 1aI e o Irec IV receive un s roug. e on ra or: City of Clovis City ofChowchilla City of Firebaugh 'City of Fowler Homeless Emergency Aid Program NOFA Date: 09/05/201 B City of Kerman City of Reedley City of Kingsburg City of San Joaquin City of Orange Cove City of Selma Contractors lniti~