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HomeMy WebLinkAboutAgreement A-20-196 with Ca.pdfAgreement No . 20-196 STATE OF CALIFORNIA -DEPARTMENT OF GENERAL SERVICES ..--------------~-------------~ STANDARD AGREEMENT AGREEMEN T NUMBER 20-HHAP-00096 PURCHASING AUTHORITY NUMBER (If Applicable ) STD 213 (Rev . 03 /2019) 1. This Agreement is entered into between the Contracting Agency and the Contractor named belo w: CONTRACTING AGENCY NAME Business, Consumer Services, and Housing Agency CONTRACTOR NAME County of Fresno 2. The term of this Agreement is : START DATE Upon BCSH Approval THROUGH END DATE 06 /30 /2025 3. The maximum amount of this Agreement is : $2,325,640 .36 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. Exhibits Title Exhibit A Scope of Work Exhibit B Budget Detail and Payment Provis ions Exhibit C Homeless Coord in ating and Financing Council Terms and Conditions + -Exhibit D Special Terms and Conditions - + -Exhibit E* General Terms and Conditions - Items shown with an asterisk(*), are hereb inco~ orated b reference and made art of this a reement as if attached hereto. y p y p g These documents can be viewed at https:/lwww.dqs.ca.g ov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME (i f other than an individual, state w hethe r a corporation, partnership, etc.) County of Fresno ------------ATTEST: CO NTRACTOR BUSINESS ADDRESS PO Bo x 24055 PRI NTED NAME OF PERSON SIGNING Ernest Buddy Mendes ------------ CONTRACTOR AUTHORIZED SIGNATURE BERNICE E. SEIDEL Clerk of the Board of Superv isors CountY. of Fr:sno~California Bd .J::fo.--~ Deputy CITY STATE Fresno CA TITLE Chairman, Board of Supervisors DATE SIGNED Pages 1-6 7-11 12-21 22 23 ZIP 93612 Page 1 of 2 For Accounting use only:  Fund: 0065  Subclass: 17237  Org: 1132  Account: 3575‐State Other  1. Authority Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT A SCOPE OF WORK County of Fresno 20-H HAP-00096 Page 1 of 23 The State of California has established the Homeless Housing , Assistance , and Prevention Program ("HHAP" or "Program" or "grant") pursuant to Chapter 6 ( commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code. (Added by Stats .2019 , c. 159 (AB. 101), § 10 , eff. July 31 , 2019.) The Program is administered by the California Homeless Coordinating and Financing Council ("Council") in the Business, Consumer Services and Housing Agency ("Agency"). HHAP provides one-time flexible block grant funds to continuums of care , large cities (population of 300 ,000+) and counties as defined in the December 6 , 2019 HHAP Notice of Funding Availability ("NOFA") to support regional coordination and expand or develop local capacity to address immediate homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. This Standard Agreement along with all its exhibits ("Agreement") is entered into by the Agency and a continuum of care , a city , or a county ("Grantee ") under the authority of, and in furtherance of the purpose of, the Program . In signing this Agreement and thereby accepting this award of funds , the Grantee agrees to comply with the terms and conditions of the Agreement , the NOFA under which the Grantee applied , the representations contained in the Grantee's application, and the requirements of the authority cited above . 2. Purpose The general purpose of the Program is to provide one-time block grant funding to support regional coordination, and to expand or develop local capacity to address immediate homelessness challenges. Activities will be informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing . In accordance with the authority cited above , an application was created and submitted by the Grantee for HHAP funds to be allocated for eligible uses as stated in Health and Safety Code section 50219 , subdivision (c)(1) -(8). Homeless Housing , Assistance and Prevention Program NOFA Date : December 6, 2019 County of Fresno 20-HHAP-00096 Page 2 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT A SCOPE OF WORK 3. Definitions The following HHAP program terms are defined in accordance with Health and Safety Code section 50216, subdivisions (a) – (q): (a) “Agency” means the Business, Consumer Services and Housing Agency. (b) “Applicant” means a continuum of care, city, or county. (c) “City” means a city or city and county that is legally incorporated to provide local government services to its population. A city can be organized either under the general laws of this state or under a charter adopted by the local voters. (d) “Continuum of care” means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations. (e) “Coordinated Entry System” means a centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized or coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool. (f) “Council” means the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code. (g) “Emergency shelter” has the same meaning as defined in subdivision (e) of Section 50801. (h) “Homeless” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019. (i) “Homeless Management Information System” means the information system designated by a continuum of care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term “Homeless Management Information System” also includes the use of a comparable County of Fresno 20-HHAP-00096 Page 3 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT A SCOPE OF WORK database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations. (j) “Homeless point-in-time count” means the 2019 homeless point-in-time count pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations. A jurisdiction may elect to instead use their 2017 point-in-time count if they can demonstrate that a significant methodology change occurred between the 2017 and 2019 point -in-time counts that was based on an attem pt to more closely align the count with HUD best practices and undertaken in consultation with HUD representatives. A jurisdiction shall submit documentation of this to the agency by the date by which HUD’s certification of the 2019 homeless point-in-time count is finalized. The agency shall review and approve or deny a request described in the previous sentence along with a jurisdiction’s application for homeless funding. (k) “Homeless youth” means an unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). “Homeless youth” includes unaccompanied youth who are pregnant or parenting. (l) “Housing First” has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all of the core components listed therein. (m) “Jurisdiction” means a city, city that is also a county, county, or continuum of care, as defined in this section. (m) “Jurisdiction” means a city, city that is also a county, county, or continuum of care, as defined in this section. (n) “Navigation center” means a Housing First, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. (o) “Program” means the Homeless Housing, Assistance, and Prevention program established pursuant to this chapter. County of Fresno 20-HHAP-00096 Page 4 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT A SCOPE OF WORK (p) “Program allocation” means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges, in the amount of six hundred fifty million dollars ($650,000,000). (q) “Recipient” means a jurisdiction that receives funds from the agency for the purposes of the program. Additional definitions for the purposes of the HHAP program: “Obligate” means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using HHAP funding. Grantees, and the subrecipients who receive awards from those Grantees, must obligate the funds by the statutory deadlines set forth in this Exhibit A. “Expended” means all HHAP funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding. In the case of an award made through subcontracting, subcontractors are required to obligate the funds by the same statutory deadlines. “Grantee” means the continuum of care, city, or county that has entered into contract with the Business, Consumer Services and Housing Agency and is receiving HHAP funding. 4. Scope of Work The Scope of Work (“Work”) for this Agreement shall include uses that are consistent with Health and Safety Code section 50219, subdivision (c)(1) – (8), and any other applicable laws. Eligible uses include the following: A. Rental assistance and rapid rehousing. B. Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves. C. Incentives to landlords, including, but not limited to, security deposits and holding fees. D. Outreach and coordination, which may include access to job programs, to assist vulnerable populations in accessing permanent housing and to promote housing stability in supportive housing. County of Fresno 20-HHAP-00096 Page 5 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT A SCOPE OF WORK E. Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations including families and homeless youth. F. Delivery of permanent housing and innovative housing solutions such as hotel and motel conversions. G. Prevention and shelter diversion to permanent housing. H. New navigation centers and emergency shelters based on demonstrated need. Demonstrated need for purposes of this paragraph shall be based on the following: i. The number of available shelter beds in the city, county, or region served by a continuum of care. ii. Shelter vacancy rate in the summer and winter months. iii. Percentage of exits from emergency shelters to permanent housing solutions. iv. A plan to connect residents to permanent housing. 5. Agency Contract Coordinator The Agency’s Contract Coordinator for this Agreement is the Council’s HHAP Grant Manager or the Grant Manager’s designee. Unless otherwise instructed, any notice, report, or other communication requiring an original Grantee signature for this Agreement shall be mailed to the Agency Contract Coordinator . If there are opportunities to send information electronically, Grantee will be notified via email by the HHAP Grant Manager or the Grant Manager’s designee. The Representatives during the term of this Agreement will be: PROGRAM GRANTEE ENTITY: Business Consumer Services and Housing Agency County of Fresno SECTION/UNIT: Homeless Coordinating and Financing Council (HCFC) ADDRESS: 915 Capitol Mall Suite 350-A Sacramento, CA 95814 PO Box 24055 Fresno, California 93612 CONTRACT MANAGER Amber Ostrander Laura Moreno Program Manager PHONE NUMBER: 916-651-7995 559-600-2335 EMAIL ADDRESS: Amber.Ostrander@bcsh.ca.gov lhaga@fresnocountyca.gov County of Fresno 20-HHAP-00096 Page 6 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT A SCOPE OF WORK All requests to update the Grantee information listed within this Agreement shall be emailed to the Homeless Coordinating and Financing Council’s general email box at hcfc@bcsh.ca.gov. The Council reserves the right to change their representative and/or contact information at any time with notice to the Grantee. 6. Effective Date, Term of Agreement, and Deadlines A. This Agreement is effective upon approval b y the Agency (indicated by the signature provided by Agency in the lower left section of page one, Standard Agreement, STD. 213), when signed by all parties. B. Contractual Obligation: • Grantees that are counties must contractually obligate 100 percent of their full program allocations on or before May 31, 2023. • Grantees that are cities or continuums of care must contractually obligate no less than 50 percent of program allocations on or before May 31, 2023. Cities or continuums of care that contractually obligate less than 50 percent or program allocations after May 31, 2023 are subject to an alternative disbursement plan as required under (Health & Safety Code, § 50220, subdivision (a)(4)(B). C. Full Expenditure of HHAP Grant Funds • All HHAP grant funds (100 percent) must be expended by June 30, 2025. Any funds not expended by that date shall revert to the General Fund . (Health & Safety Code, § 50220, subdivision (e).) 7. Special Conditions Agency reserves the right to add any special conditions to this Agreement it deems necessary to ensure that the goals of the Program are achieved. Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. Budget Detail & Changes County of Fresno 20-H HAP-00096 Page 7 of 23 The Grantee agrees that HHAP funds shall be expended on uses that support regional coordination and expand or develop local capacity to address immediate homelessness challenges . Such activities must be informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. The Grantee shall expend HHAP funds on eligible activities as detailed in the annual budget submitted with the Grantee's approved application. The Grantee shall submit an updated budget with the annual report that revises and reports all actual and projected expenditures of HHAP funds. Changes may be made to the timing (e.g ., fiscal year) of eligible use expenditures without prior approval by the Agency so long as the total expenditures (actual and projected) for each eligible use category remain the same as described in the budget approved with the Grantee's application. Any decrease or increase to the total expenditures for any eligible use category must otherwise be approved by the Council's HHAP Grant Manager or his/her designee , in writing , before the Grantee may expend HHAP funds according to an alternative budget. The HHAP Grant Manager will respond to Grantee with approval or den ial of request. Failure to obtain written approval from the Grant Manager or his/her designee as required by this section may be considered a breach of this Agreement. 2. General Conditions Prior to Disbursement All Grantees must submit the following forms prior to HHAP funds being released: A. Request for Funds Form (RFF) B . STD 213 Standard Agreement - 2 original copies of the signed STD 213 form and initialed Exhibits A through E. C . Data Use Agreement (continuums of care and counties that accepted redirected funding from a continuum of care-see Exhibit D for relevant Special Terms and Conditions) Homeless Housing , Assistance and Prevention Program NOFA Date : December 6 , 2019 County of Fresno 20-HHAP-00096 Page 8 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 3. Disbursement of Funds HHAP funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Agency, the Department of General Services (DGS) and the State Controller’s Office (SCO). Once Agency receives, reviews, and signs off on the completed documents, the documents will be sent to DGS for review. Once DGS review is completed, documents will be forwarded to SCO for final review and fund disbursement. The RFF must include the proposed eligible uses and the amount of funds proposed for expenditure under each eligible use. HHAP funds will be disbursed in a single allocation via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF. 4. Expenditure of Funds Specific requirements and deadlines for contractually obligating and expending awarded funds are set forth in the Homeless Housing, Assistance, and Prevention Program statutes. Health and Safety Code sections 50218, 50219, and 50220 mandate the following: A. Up to 5 percent of the HHAP allocation may be expended for the following uses that are intended to meet federal requirements for housing funding: (1) Strategic homelessness plan, as defined in section 578.7(c) of Title 24 of the Code of Federal Regulations; and/or (2) Infrastructure development to support coordinated entry systems and Homeless Management Information Systems. B. No more than 7 percent of the HHAP allocation may be used for administrative costs incurred by the Grantee. C. At least 8 percent of the HHAP allocation shall be used to establish or expand services for homeless youth populations. D. Grantees that are cities or continuums of care shall contractually obligate no less than 50 percent of HHAP funds by May 31, 2023. If less than 50 percent is obligated after May 31, 2023, continuums of care and cities shall not expend any remaining portion of the 50 percent of program allocations required to have been obligated unless and until both of the following occur: County of Fresno 20-HHAP-00096 Page 9 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS (1) On or before June 30, 2023, the Grantee submits an alternative disbursement plan to Agency that includes an explanation for the delay and a plan to fully expend these funds by December 31, 2023. (2) Agency approves the alternative disbursement plan. If the funds identified in the approved alternative disbursement plan are not fully expended by December 31, 2023, the funds shall be returned to Agency. E. Grantees that are counties shall contractually obligate the full allocation (100 percent) awarded to them by May 31, 2023. Any funds that are not contractually obligated by this date shall be reverted to the continuum of care that serves the county. Specific to Los Angeles County, funds that are not contractually obligated by this date shall be divided proportionately using the HHAP funding allocation formula among the four CoC’s that serve Los Angeles County: City of Glendale CoC, City of Pasadena CoC, the City of Long Beach CoC, and the Los Angeles Homeless Services Authority. Counties not obligating their full program allocation by May 31, 2023 are required to notify Agency on or before that date, of the name of the CoC(s) in which the county is served, and the amount of program funds that will be reverted to the CoC(s). By June 30, 2023, the county shall provide Agency with evidence that the funds were transferred and submit an updated budget that clearly identifies the funds that were transferred. F. All HHAP funds shall be expended by June 30, 2025. G. Any funds not expended by June 30, 2025 shall revert to the General Fund. 5. Reimbursement HHAP program funds should not generally be obligated or expended prior to the effective date of this Agreement. However, Agency acknowledges that there may be circumstances that would require reimbursement in order to prevent or address homelessness in a given jurisdiction. When considering a reimbursement, the following requirements are applicable: A. Reimbursement is not permitted for activities occurring prior to July 1, 2019. County of Fresno 20-HHAP-00096 Page 10 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS B. Reimbursement shall not supplant existing local funds for homeless housing, assistance, or prevention. C. Approval from HCFC must be obtained prior to obtaining reimbursement. D. Capital improvement projects pertaining to emergency shelters and navigation centers are still required to demonstrate need. Eligible applicants are required to submit the following information for HCFC to review and approve or deny such projects: (1) The number of available shelter beds in the jurisdiction; (2) The shelter vacancy rate in the summer and winter months; (3) The percentage of exits from emergency shelters to permanent housing solutions; and (4) A plan to connect residents to permanent housing. 6. Ineligible Costs HHAP funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code sections 50218 and 50219. Agency reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use HHAP funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to Agency. An expenditure which is not authorized by this Agreement, or by written approval of the Grant Manager or his/her designee, or which cannot be adequately documented, shall be disallowed and must be reimbursed to Agency by the Grantee. Agency, at its sole and absolute discretion, shall make the final determination regarding the allowability of HHAP fund expenditures. Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. County of Fresno 20-HHAP-00096 Page 11 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 7. Administrative Costs The Grantee must comply with Health and Safety Code section 50219, subdivision (e), which limits the Grantee’s administrative costs to no more than 7 percent of total HHAP funds received. For purposes of this requirement, “administrative costs” does not include staff or other costs directly related to implementing activities funded by the Program allocation. Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C County of Fresno 20-HHAP-00096 Page 12 of 23 HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 1. Termination and Sufficiency of Funds A. Termination of Agreement Agency may terminate this Agreement at any time for cause by giving a minimum of 14 days' notice of termination, in writing, to the Grantee . Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in paragraph 6 of this Exhibit C; violation of any federal or state laws; or withdrawal of Agency's expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by Agency, any unexpended funds received by the Grantee shall be returned to Agency within 30 days of Agency's notice of termination. B. Sufficiency of Funds This Agreement is valid and enforceable only if sufficient funds are made available to Agency by legislative appropriation . In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner. 2. Transfers Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except with the prior written approval of Agency and a formal amendment to this Agreement to affect such subcontract or novation. 3. Grantee's Application for Funds Grantee has submitted to Agency an application for HHAP funds to support regional coordination and expand or develop local capacity to address its immediate homelessness challenges. Agency is entering into this Agreement on the basis of, and in substantial reliance upon, Grantee's facts, information, assertions and representations contained in that application, and in any subsequent modifications or additions thereto approved by Agency. The application and any approved modifications and additions thereto are hereby incorporated into this Agreement. Homeless Housing , Assistance and Prevention Program NOFA Date: December 6 , 2019 County of Fresno 20-HHAP-00096 Page 13 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, co rrect, and complete to the best of Grantee’s knowledge. In the event that any part of the application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect Agenc y approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then Agency may declare a breach of this Agreement and take such action or pursue such remedies as are legally available. 4. Reporting/Audits A. Annual Report Deadlines By January 1, 2021, and annually on that date thereafter until all funds have been expended, the Grantee shall submit an annual report to Agency in a format provided by Agency. If the Grantee fails to provide such documentation, Agency may recapture any portion of the amount authorized by this Agreement with a 14 -day written notification. No later than January 1, 2026, the Grantee shall submit a final report, in a format provided by Agency, as well as a detailed explanation of all uses of the Program funds. B. Reporting Requirements The annual report shall contain detailed information in accordance with Health and Safety Code section 50221, subdivision (a).This information includes the following, as well as any additional information deemed appropriate or necessary by Agency: 1. An ongoing tracking of the specific uses and expenditures of any Program funds broken out by eligible uses listed, including the current status of those funds. 2. The number of homeless individuals served by the Program funds in that year, and a total number served in all years of the Program, as well as the homeless populations served. 3. The types of housing assistance provided, broken out by the number of individuals. County of Fresno 20-HHAP-00096 Page 14 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 4. Outcome data for an individual served through Program funds, including the type of housing that an individual exited to, the percent o f successful housing exits, and exit types for unsuccessful housing exits. In addition to the annual reports, Agency requires the Grantee to submit quarterly expenditure reports due no later than 30 days following the end of each fiscal quarter. Grantee shall submit a report to the agency on a form and method provide by the agency, that includes the ongoing tracking of the specific uses and expenditures of any program funds broken out by eligible uses listed, including the current status of those funds, as well as any additional information the agency deems appropriate or necessary. Agency may require additional supplemental reporting with written notice to the Grantee. C. Auditing Agency reserves the right to perform or cause to be performed a financial audit. At Agency request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. HHAP administrative funds may be used to fund this expense. 1. If a financial audit is required by Agency, the audit shall be performed by an independent certified public accountant. 2. The Grantee shall notify Agency of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by Agency to the independent auditor's working papers. 3. The Grantee is responsible for the completion of audits and all costs of preparing audits. 4. If there are audit findings, the Grantee must submit a detailed response acceptable to Agency for each audit finding within 90 days from the date of the audit finding report. 5. Inspection and Retention of Records A. Record Inspection The Grantee agrees that Agency or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement. The Grantee agrees to provide Agency, or its designee, with any County of Fresno 20-HHAP-00096 Page 15 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS relevant information requested. The Grantee agrees to give Agency or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the Homeless Housing, Assistance, and Prevention Program laws, the HHAP program guidance document published on the website, and this Agreement. B. Record Retention The Grantee further agrees to retain all records described in subparagraph A for a minimum period of five (5) years after the termination of this Agreement. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it. 6. Breach and Remedies A. Breach of Agreement Breach of this Agreement includes, but is not limited to, the following events: 1. Grantee’s failure to comply with the terms or conditions of this Agreement. 2. Use of, or permitting the use of, HHAP funds provided under this Agreement for any ineligible activities. 3. Any failure to comply with the deadlines set forth in this Agreement. B. Remedies for Breach of Agreement In addition to any other remedies that may be available to Agency in law or equity for breach of this Agreement, Agency may: 1. Bar the Grantee from applying for future HHAP funds; 2. Revoke any other existing HHAP award(s) to the Grantee; 3. Require the return of any unexpended HHAP funds disbursed under this Agreement; 4. Require repayment of HHAP funds disbursed and expended under this Agreement; County of Fresno 20-HHAP-00096 Page 16 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 5. Require the immediate return to Agency of all funds derived from the use of HHAP funds including, but not limited to , recaptured funds and returned funds; and 6. Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the technical assistance in accordance with HHAP requirements. C. All remedies available to Agency are cumulative and not exclusive. D. Agency may give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days. 7. Waivers No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Agency to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Agency to enforce these provisions. 8. Nondiscrimination During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Grantees and subGrantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and ha rassment. Grantee and its subrecipients shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations County of Fresno 20-HHAP-00096 Page 17 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS under this clause to labor organizations with which they have a collective bargaining or other agreement. 9. Conflict of Interest All Grantees are subject to state and federal conflict of interest laws. For instance, Health and Safety Code section 50219, subdivision (h) states, “For purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county.” Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411. A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services. B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve -month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service. C. County of Fresno 20-HHAP-00096 Page 18 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the a Political Reform Act of 1974 (Gov. Code, § 81000 et seq.). D. Representatives of a County: A representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial E. interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county. 10. Drug-Free Workplace Certification Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug -free workplace by taking the following actions: A. Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code section 8355, subdivision (a)(1). B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following: 1. The dangers of drug abuse in the workplace; 2. Grantee’s policy of maintaining a drug-free workplace; 3. Any available counseling, rehabilitation, and employee assistance program; and 4. Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations. County of Fresno 20-HHAP-00096 Page 19 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS C. Provide, as required by Government Code section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement: 1. Will receive a copy of Grantee’s drug-free policy statement, and 2. Will agree to abide by terms of Grantee’s condition of employment or subcontract. 11. Child Support Compliance Act For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that: A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 12. Special Conditions – Grantees/SubGrantee The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit D. These conditions shall be met to the satisfaction of Agency prior to disbursement of funds. The Grantee shall ensure that all SubGrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of HHAP funds. Failure to comply with these conditions may result in termination of this Agreement. A. The Agreement between the Grantee and any SubGrantee shall require the Grantee and its SubGrantees, if any, to: 1. Perform the work in accordance with Federal, State and Local housing and building codes, as applicable. County of Fresno 20-HHAP-00096 Page 20 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 2. Maintain at least the minimum State-required worker’s compensation for those employees who will perform the work or any part of it. 3. Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any SubGrantee in performing the Work or any part of it. 4. Agree to include all the terms of this Agreement in each subcontract. 13. Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the HHAP program, the Grantee, its subrecipients, a nd all eligible activities. Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to Agency upon request. 14. Inspections A. Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. B. Agency reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in acco rdance with the applicable federal, state and/or local requirements, and this Agreement. C. Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected. County of Fresno 20-HHAP-00096 Page 21 of 23 Homeless Housing, Assistance and Prevention Standard Agreement Homeless Housing, Assistance and Prevention Program NOFA Date: December 6, 2019 EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 15. Litigation A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Agency, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable. B. The Grantee shall notify Agency immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or Agency, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Agency. Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT D SPECIAL TERMS AND CONDITIONS County of Fresno 20-HHAP-00096 Page 22 of 23 1. All proceeds from any interest-bearing account established by the Grantee for the deposit of HHAP funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of HHAP funds, must be used for HHAP-eligible activities. 2. Any housing-related activities funded with HHAP funds, including but not limited to emergency shelter, rapid-rehousing, rental assistance , transitional housing and permanent supportive housing , must be in compliance or otherwise aligned with the core components of Housing First, pursuant to Welfare and Institutions Code section 8255, subdivision (b). 3 . Grantee agrees to utilize its local Homeless Management Information System (HMIS) to track HHAP-funded projects, services , and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by HHAP funding (e.g., by creating appropriate HHAP-specific funding sources and project codes in HMIS). 4. Grantee agrees to participate in the statewide data system or warehouse created by Agency to collect local data from California continuums of care through the HMIS, and sign any required data use agreements allowing Agency to access Grantee's HMIS data for that purpose. 5. If Grantee is a continuum of care or a county that accepted redirected funding from a continuum of care, it shall review and execute a data use agreement no later than July 31, 2020 , in order to ensure compliance with Health and Safety Code section 50219, subdivision (a)(?) and (10). Grantee 's failure to timely execute a data use agreement will constitute a breach of this Agreement. In this event, BCSH, in its sole and absolute discretion, may exercise any and all remedies permitted by this Agreement or by applicable law. Homeless Housing, Assistance and Prevention Program NOFA Date : December 6 , 2019 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT E GENERAL TERMS AND CONDITIONS County of Fresno 20-H HAP-00096 Page 23 of 23 This exhibit is incorporated by reference and made part of this agreement. This document can be viewed at the following link: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language Homeless Housing , Assistance and Prevention Program NOFA Date : December 6 , 2019