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HomeMy WebLinkAboutAgreement A-21-012 with HCD for ESG.pdfSCOID: Agreement No . 21-012 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES .---------------.-----------------, STANDARD AGREEMENT STD 21 3 (Rev. 04/2020) AGREEME NT NUMBER 20-ESGCV1 -00025 PURCHASING AUTHORITY NUMBER (If Applicable) 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENC Y 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 September 30, 2022 3. The maximum amount of this Agreement is : $1,008,100.00 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 5 Exhibit B Budget Detail and Payment Provisions 3 Exhibit C * State of California General Terms and Conditions GTC-04/2 017 + -Exhibit D ESG Program Terms and Conditions 22 - + -Exhibit E Program Application 36 - Items shown with an asterisk(*), are hereb incorporated by reference and made part of this agreement as if attached hereto . y These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO . CONTRACTOR CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, et c.) County of Fresno CONTRACTOR BUSINESS ADDRESS P.O . Box 24055 PRINTED NAME OF PERSON SIG NING Steve Brandau ATTEST: BERNICE E . SEIDEL CITY Frenso illLE STATE ZIP CA 93779 Chairman of the Board of Supervisors DATE SIGNED l ( 12\ c:lo~\ Page 1 of 2 County of Fresno 2020-ESGCV1-00025 Page 1 of 5 EXHIBIT A Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 AUTHORITY, PURPOSE AND SCOPE OF WORK 1. Authority & Purpose This Standard Agreement (hereinafter "Agreement") will provide official notification of the conditional reservation of funds under the State of California's administration of the federal CARES Act Emergency Solutions Grants Program Allocation (hereinafter, "ESG-CV" or the “Program") by the Department of Housing and Community Development (hereinafter the "Department") pursuant to the provisions of the 2020 Federally enacted Coronavirus Aid, Relief, and Economic Security Act, Title XII, Homeless Assistance Grants Section (hereinafter, “CARES Act”) and any waivers including the HUD Mega-Waiver dated April 1, 2020 and, where not superseded by the CARES Act, pursuant to the provisions of 42 USC 11371 – 42 USC 11378, (“Federal Statutes”), 24 CFR Part 576, (“Federal Regulations”) all as shall be amended from time to time. HCD receives federal funds for ESG-CV from the United States Department of Housing and Urban Development (HUD). In accepting this conditional reservation of funds, Contractor (sometimes referred to herein as “Grantee” or “Administrative Entity” or “Continuum of Care”) agrees to comply with the terms and conditions of this Agreement, the Notice of Funding Availability under which the Contractor applied, the representations contained in the Contractor’s recommendations for this funding allocation, and the requirements of the authorities cited above. Any changes made to the submitted and awarded Application after this Agreement is executed must receive prior written approval from the Department. For purposes of this Agreement, use of the term "Grantee" shall be a reference to "Contractor". 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 Grantee to modify any or all parts of the Application in order to comply with ESG-CV requirements. The Department reserves the right to monitor all Work to be performed by the Grantee, its contractors, and subgrantees 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 County of Fresno 2020-ESGCV1-00025 Page 2 of 5 EXHIBIT A Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 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 ESG-CV Application and required by Federal ESG requirements at 24 CFR Section 576. Contractor’s selected homeless service providers shall provide services in the areas identified in the application/award recommendation package submitted to the Department. Services shall be provided by the Contractor and the Contractor’s funded subrecipients for at least the term of the ESG-CV grant. For the purposes of performing the Scope of Work, the Department agrees to provide the amount(s) identified in Exhibit E, Section XI, Budget Worksheet. 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. Duplication of Benefits A Duplication of Benefit (DOB) occurs when a program beneficiary receives assistance from multiple funding sources totaling an amount that exceeds the need for a particular funding need. The duplication is the amount of assistance provided in excess of the need. It is the Department’s responsibility to ensure that each ESG-CV activity provides assistance only to the extent that the recipient’s project’s funding need(s) has not been met by another funding source. Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) prohibits federal agencies from providing assistance to any “person, business concern, or other entity” for any loss for which the entity has already received financial assistance from another source (See: 42 USC § 5155(a)). The Federal Register Notice, published on November 16, 2011 (Docket No. FR-5582-N-01), requires adequate policies and procedures in place to prevent a DOB and provide for the recapture of funds, if necessary. Applicants will be required to complete DOB documentation with application. Recipients will be required to continue to report on DOB during the expenditure period for the ESG-CV funds. 4. Effective Date and Commencement of Work 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"). Per the CARES Act, contractors may request reimbursement for allowable costs incurred to prevent, prepare for, and respond to coronavirus including costs that are County of Fresno 2020-ESGCV1-00025 Page 3 of 5 EXHIBIT A Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 incurred, including costs incurred prior to award letter and prior to the date of the enactment of the CARES Act. In addition, no activity funds shall be incurred until any required environmental review process has been completed, if required under 24 CFR 50, except as exempted by the CARES Act as it relates to temporary emergency shelters. Contractor agrees that the Work shall be completed by the expenditure date specified in Exhibit A, Paragraph 4. A. Contractor must obligate all funds within one hundred and twenty (120) days from the date of the award notification letter. “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 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-CV funds within one hundred and twenty (120) days from the date the Department made the grant amount 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 fourteen (14) day written notification. C. Contractor and its subcontractors agree that the Work shall be completed by the expenditure date specified in Exhibit A, Section 4 and that the Work will be provided for the full term of this Agreement. 5. Term of Agreement and Performance Milestones A. This Agreement will expire on: September 30, 2022 B. All Program funds shall be expended by: July 30, 2022 C. All Final Funds Requests shall be submitted to the Department within thirty (30) days after the expenditure deadline. D. Reimbursements will not be made after this Agreement expires. 6. Scope of Work Revisions and Amendments County of Fresno 2020-ESGCV1-00025 Page 4 of 5 EXHIBIT A Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 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 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 any eligible activity line item budget by more than twenty-five percent (25%) of the total award and do not change the total award amount. 7. ESG Program Contract Management A. Department Contract Manager: For purposes of this Agreement, the ESG Program Contract Manager for the Department is the Program Manager of the ESG Program in the Division of Financial Assistance, or such person’s designee. Written communication regarding this Agreement 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 2020 West El Camino Ave, Suite 200 Sacramento, California 95822 Email: ESG@hcd.ca.gov B. Contract Management: Day-to-day administration of this Agreement shall take place through the online grant management system, including, but not limited, to: 1) Requests for Funds Forms; 2) Budget Revision Forms; 3) Annual Reports; 4) Submittal of any and all requested supporting documentation; 5) Standard Agreement Revisions (non-material contract changes); and, 6) Standard Agreement Amendments (material contract changes). County of Fresno 2020-ESGCV1-00025 Page 5 of 5 EXHIBIT A Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 C. Grantee Contract Administrator: The Grantee's Contract Administrator (must be a Grantee employee) is identified in Exhibit E, Profile. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be directed to the Grantee’s Contract Administrator at the contact information identified in Exhibit E, Profile. Written communication shall be directed to the Grantee’s Contract Administrator as identified in the Grantee Profile as referenced in Exhibit E. 8. Capacity to Contract Contractor has the capacity and authority to fulfill the obligations required of it hereunder and nothing prohibits or restricts the right or ability of Contractor to carry out the terms hereof. 9. Authority to Execute 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 his or her own behalf, represents that he or she is authorized to execute this Agreement on behalf of said entity. County of Fresno 2020-ESGCV1-00025 Page 1 of 3 EXHIBIT B Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 BUDGET DETAIL AND PAYMENT PROVISIONS 1. Budget Budget Detail: ESG-CV funds shall be used for the activities as detailed in Exhibit E, Section XI, and as described under federal ESG regulations at 24 CFR Part 576, Subpart B – Program Components and Eligible Activities, the CARES Act, Title XII, Homeless Assistance Section and as subject to any waivers issued including the HUD Mega-Waiver issued April 1, 2020. 2. Availability of Funds The Department’s provision of funding to Contractor pursuant to this Agreement is contingent on the continued availability of ESG-CV funds and continued federal authorization for ESG-CV activities, as well as the conditions set forth in Exhibit D, Section 3. The terms and conditions of ESG-CV funding is further contingent on the issuance Executive Order from the Governor waiving of the current ESG State Regulations for the ESG-CV monies. Should such Executive Order not be signed, the Department will re-issue an amended NOFA and application in line with the ESG State Regulations. 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 thirty (30) days working capital, whichever is greater. A request for an operating advance must be received by the Department within sixty (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-CV Request for Funds (RFF). The Contractor shall submit all RFFs to the Department, as referenced in Exhibit A, Section 5, or any other address of which the Contractor has been notified in writing. 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 pursuant to Exhibit D, Paragraph 1A. Reimbursements will County of Fresno 2020-ESGCV1-00025 Page 2 of 3 EXHIBIT B Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 not be made after this Agreement expires. All requests for disbursement shall include expenditure detail. Contractor also certifies that detailed supporting documentation verifying each expenditure is available and shall be retained by the Contractor for three (3) years after the Department closes its HUD grant. NOTE: Record retention is based on the Department’s HUD closing date; NOT three (3) years from this Agreement expiration . The retention requirement can extend beyond three (3) years after this Agreement expires. Therefore, the Contractor must contact the Department for the specific record retention date for this Agreement. Contractor shall not receive an advance or be reimbursed for expenditures incurred prior to the Effective Date of this Agreement until all requirements have been met. Environmental review compliance shall include compliance with 24 CFR Part 50. Contractor shall not be reimbursed for expenditures incurred after the expiration date of this Agreement, as set forth in Exhibit A, Section 4. 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 CFR 576. 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). 5. Ineligible Costs A. ESG-CV funds shall not be used for costs associated with activities in violation of any law or for any activities considered ineligible per 24 CFR 576. The Department reserves the right to request additional information and clarification to determine the reasonableness and eligibility of all costs to be paid with ESG-CV funds made available by this Agreement. If Contractor or its funded subrecipients use ESG-CV 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 County of Fresno 2020-ESGCV1-00025 Page 3 of 3 EXHIBIT B Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 ESG funds until the Department is fully reimbursed. B. An expenditure which is not authorized by this Agreement, or which cannot be adequately documented, shall be disallowed and must be immediately reimbursed to the Department or its designee, by the Contractor. Expenditures for Work, not described in Exhibit A or Paragraph 1 above, 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. C. The Department, at its sole and reasonable discretion, shall make the final determination regarding the allowability of expenditures. 6. Indirect Costs Contractor and/or subcontractors will allow their providers to seek reimbursement for indirect costs. The applicant must: A. Comply with all OMB requirements and standards including 2 CFR 200.403, 200.415, and Part 200 Appendix 4; B. Certify that any providers seeking reimbursement for indirect costs at the de minimis rate do not meet the definition of a major nonprofit organization as defined by OMB 2 CFR 200.414; and, C. Maintain records including evidence of the Modified Total Direct Cost (MTDC), per 2 CFR § 200.68 calculations, indirect cost limits, and supporting documentation for actual direct cost billing. General Terms and Conditions (GTC 04/2017) EXHIBIT C 1.APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2.AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3.ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4.AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 5.INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. 6.DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7.TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand. 8.INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 9.RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205). 10.NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11.CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12.TIMELINESS: Time is of the essence in this Agreement. 13.COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 14.GOVERNING LAW : This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 15.ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. a.The Government Code Chapter on Antitrust claims contains the following definitions: 1)"Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2)"Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b.In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c.If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d.Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16.CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a.The contractor 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 contractor, 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. 17.UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 18.PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 19.SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: a.If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b.If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.) 20.LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) County of Frenso 2020-ESGCV1-00025 Page 1 of 22 EXHIBIT D Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 ESG PROGRAM TERMS AND CONDITIONS 1. Definitions A.In addition to the definitions found in 42 U.S.C. section 11371 (section 411), and 24 C.F.R. section 576.3, the following definitions shall apply to this subchapter 1) “Action Plan” means the annual plan required by HUD pursuant to 24 CFR Part 91 governing the distribution and use of ESG funds allocated by HUD to states and local governments. 2) “Administrative activities” is defined at 24 CFR 576.108. 3) “Administrative Entity” means a Unit of general-purpose local government approved by the Department. 4) “CARES Act” refers to the 2020 Federally issued Coronavirus Aid, Relief, and Economic Security Act, Title XII, Department of Housing and Urban Development, Community Planning and Development, Homeless Assistance Grants Section 5) “City” is defined at 42 U.S.C. section 5302(a)(5). 6) “Continuum of Care” is defined at 24 CFR 576.2. 7) “Continuum of Care Service Area” means the entire geographic area within the boundaries of an Eligible Continuum of Care. 8) “Coordinated Entry” means the system of program access, needs assessment and prioritization developed by a Continuum of Care pursuant to 24 CFR 576.400 (d), and associated HUD requirements and guidance. This term is also known as “Coordinated Entry System”, “Coordinated Assessment” or “Centralized Assessment”. 9) “Core Practices” means the practices and protocols of delivering ESG Eligible activities as specified in the CARES Act. 10) “Department” means the California Department of Housing and Community Development. 11) “ESG” is the acronym for the Emergency Solutions Grants program. 12) “Eligible activities” mean those activities upon which ESG-CV funds may be expended as described in the CARES Act and as defined under 24 County of Frenso 2020-ESGCV1-00025 Page 2 of 22 EXHIBIT D Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 CFR 576, Subpart B. Additionally, eligible activities may include or be limited by the State ESG Regulations, as applicable.” 13) “Eligible Continuum of Care” means a Continuum of Care in the State that has within its Service Area at least one Nonentitlement area. 14) “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. 15) “Emergency shelter” is defined under 24 CFR 576.2 and the CARES Act. 16) “ESG Entitlement” means a Unit of general purpose local government that meets one of the following: a. is a Metropolitan City or Urban County as defined under 42 USC 5302 that receives an allocation of ESG funds directly from HUD; b. is in a Nonentitlement area that has entered into an agreement with an Urban County to participate in that locality's ESG program, or c. 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. 17) “ESG Entitlement Area” or “Entitlement Area” means the geography within an ESG Entitlement's boundaries. 18) “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. 19) “ESG Nonentitlement Area” means the geography within an ESG Nonentitlement's boundaries. 20) “Governing Board” - for nonprofit applicants this term includes board of directors; for county local government applicants this term includes county board of supervisors; for City local government applicants this term includes City council. 21) “HMIS” means Homeless Management Information System as defined under 24 CFR 576.2. Use of the term “HMIS” within these regulations shall also include use of a comparable database, as permitted by HUD under 24 CFR Part 576. County of Frenso 2020-ESGCV1-00025 Page 3 of 22 EXHIBIT D Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 22) “Homeless” is defined at 24 CFR 576.2. 23) “Homelessness prevention activities” means activities or programs described in 24 CFR 576.103. 24) “HUD” means the United States Department of Housing and Urban Development. 25) “NOFA” is the acronym for a “Notice of Funding Availability”. 26) “Nonentitlement area” is defined at 42 U.S.C. 5302. 27) “Operations” means the category of ESG activities that includes shelter maintenance, operation, rent, repairs, security, fuel, equipment, insurance, utilities, food and furnishings. 28) “Private nonprofit organization” is defined at 24 CFR 576.2. 29) “Program” shall mean CARES Act funding for the Emergency Solutions Grants Program (“ESG”) and is also referred to as “ESG-CV.” Per the ESG-CV NOFA issued on June 1, 2020 (and as may be amended by the Department), ESG-CV may be subject to different federal and state rules, laws, and regulations than the Department’s prior or future administration of ESG funds. 30) “Rapid Re-housing” means the activities set forth in 24 CFR 576.104. 31) “Service Area” has the same meaning as the term “Continuum of Care Service Area”. 32) “Site” means one or more facilities where the program(s) is being carried out. 33) “Site Control” means the legal right to occupy and use the Site, as evidenced by such things as: a. a deed demonstrating ownership in fee title; b. a lease demonstrating a leasehold interest in the Site and its improvements for at least the term of the ESG-CV grant, c. an enforceable option to purchase or lease a site provided that such option will be for at least the term of the ESG-CV grant or d. For rotating shelter programs, site control may include other evidence provided by the applicant granting permission to use the County of Frenso 2020-ESGCV1-00025 Page 4 of 22 EXHIBIT D Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 site(s). Such evidence must be approved by the Department in writing prior to the deadline for submission of the ESG-CV application stated in the applicable NOFA. 34) “Standard Agreement” means the contract entered into by the Department and the ESG-CV Recipient (also known as Contractor) setting forth the basic terms and conditions governing the award of ESG-CV funds. 35) “Subrecipient of the Administrative Entity” means an entity that enters into a written agreement with the Administrative Entity to implement Eligible activities with ESG-CV funds. 36) “Unit of general purpose local government” is defined at 24 CFR section 576.2. 37) “Written Standards” means the standards, policies, and procedures adopted by a Continuum of Care for providing ESG-CV eligible activities pursuant to the requirements of 24 CFR 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 and 24 C.F.R. 576.400. 2. Eligible Activities ESG-CV funds awarded to the Contractor shall be used for the eligible activities set forth in Exhibits B and D, as permitted under the CARES Act, and the federal ESG regulations at 24 CFR Part 576. The following additional provisions or requirements shall apply: A. ESG-CV funds shall not be used for renovation, conversion, or major rehabilitation activities pursuant to 24 CFR 576.102. Minor repairs to an ESG-CV funded Emergency shelter that do not qualify as Renovation, Conversion, or Major Rehabilitation are an eligible use of ESG-CV funds. B. For Rapid Rehousing and Homelessness Prevention activities, no subpopulation targeting will be permitted except if documentation of all of the following is provided to the Department prior to the award of funds for these activities: 1) Evidence that there is an unmet need for these activities for the subpopulation proposed for targeting; and, 2) Evidence that there is existing funding in the Continuum of Care Service Area for programs that address the needs of the excluded populations for these activities. County of Frenso 2020-ESGCV1-00025 Page 5 of 22 EXHIBIT D Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 C. Pursuant to OMB requirements, Contractor may permit homeless service providers receiving ESG-CV funds to charge an indirect cost allocation to their grant. The indirect cost allocation may not exceed ten percent of the allowable direct costs under the ESG-CV 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. D. Grantee shall receive approximately five percent (5%) of its ESG-CV grant for the payment of administrative costs. E. Rental assistance payments provided as part of an RR or HP activity under 24 CFR Part 576.106 typically cannot exceed HUD’s Fair Market Rent (FMR) as provided under 24 CFR Part 888, except as provided in the HUD Waiver (dated 04.01.2020) and must comply with HUD’s standard for rent reasonableness as established under 24 CFR Part 982.507. Upon expiration of HUD’s Mega-Waiver dated April 1, 2020, request for exceptions to FMR can be made to HUD through HCD and must be approved in writing by HUD. Contact your HCD representative in the Federal Programs Branch for further assistance. F.All provisions of the CARES Act shall apply including, but not limited to the following: 1) The maximum allocation spending cap on Emergency Shelter activities of sixty percent (60%) of the aggregate amount of assistance provided for the contractor established pursuant to section 415(b) of the McKinney- Vento Homeless Assistance Act (42 U.S.C 11374) shall not apply to amounts provided under the CARES Act. 2) ESG-CV funding amounts provided under the CARES Act may be used to provide temporary emergency shelters (through leasing of existing property temporary structures, or other means) to prevent, prepare for and respond to coronavirus, and that such temporary emergency shelters shall not be subject to the minimum periods of use as required by section 416(c)(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11357(c)(1)). Federal habitability and environmental review standards and requirements shall not apply to the use of such ESG-CV funding amounts for those temporary emergency shelters that have been determined necessary to prevent, prepare for, and respond to coronavirus. 3) ESG-CV funding amounts provided under the CARES Act may be used for training on infectious disease prevention and mitigation and to provide hazard pay, including for time worked prior to the date of enactment of the County of Frenso 2020-ESGCV1-00025 Page 6 of 22 EXHIBIT D Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 CARES Act, for staff working directly to prevent, prepare for, and respond to coronavirus among persons who are homeless or at risk of homelessness, and that such activities shall not be considered administrative costs for purposes of the administrative cap. 4) None of the ESG-CV funds provided under the CARES Act may be used to require people experiencing homelessness to receive treatment or perform any other prerequisite activities as a condition for receiving shelter. 3. State Contract Manual Requirements (Section 3.11, Federally Funded Contracts (Rev. 3/03) 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. D. The Department has the option to invalidate the contract under the thirty (30)- day cancellation clause or to amend the contract to reflect any reduction in funds. 4. Sufficiency of Funds and Termination A. The Department may terminate this Agreement at any time for cause by giving a minimum of fourteen (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 State Regulations; 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 thirty (30) days of the Notice of Termination. B. It is mutually understood between the parties that this Agreement may have been County of Frenso 2020-ESGCV1-00025 Page 7 of 22 EXHIBIT D Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 written before ascertaining the availability of congressional appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays, which would occur if the Agreement were executed after the determination was made. 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 those 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 the 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 thirty (30) day cancellation clause or to amend this Agreement to reflect any reduction of funds. 5. 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 prior written approval of the Department and a formal amendment to this Agreement to affect such subcontract or novation. 6. Contractors and Subcontractors A. Contractor, or its subcontractors, shall not enter into any Agreement, written or oral, with any contractor without the prior written determination by the Department of the Contractor’s eligibility. A Contractor or subcontractor is not eligible to receive grant funds if the Contractor is not licensed and in good standing in California or is listed on the Federal Consolidated List of Debarred, Suspended and Ineligible Contractors. B. The Agreement between the Contractor and any subcontractor shall require the Contractor and its subcontractors, if any, to: 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, Section 20, as applicable. In addition to the requirements of this Exhibit, all contractors County of Frenso 2020-ESGCV1-00025 Page 8 of 22 EXHIBIT D Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 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, Section 14. 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. 6) Agree to include all the terms of this Agreement in each subcontract. 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. 7. Core Practices A. All ESG-CV funded activities shall operate in a manner consistent with the requirements of the CARES Act, including but not limited to prevention, preparation for and response to coronavirus, among individuals and families who are homeless or receiving homeless assistance and to support additional homeless assistance and homeless prevention activities to mitigate the impacts created by coronavirus and that none of the funds provided under this CARES Act may be used to require people experiencing homelessness to receive treatment or perform any other prerequisite activities as a condition for receiving shelter, housing or other services. B. All service providers receiving ESG-CV funds shall take actions to create an effective, welcoming and affirming environment for all program participants and employees, including, but not limited to, persons of different races, ethnicities, sexual orientations, gender identities, and gender expressions. C. The Contractor will establish and implement to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, mental health facilities, foster care or other youth facilities or correction programs County of Frenso 2020-ESGCV1-00025 Page 9 of 22 EXHIBIT D Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 and institutions) in order to prevent this discharge from immediately resulting in homelessness for these persons. D. The Contractor will develop and implement procedures to ensure the confidentiality of the records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the ESG-CV program, including protection against the release of the address or location of any family violence shelter project, except with the written authorization of the person responsible for the operation of the shelter. E. If ESG-CV funds are used for shelter operations or essential services related to street outreach or emergency shelter, the Contractor will ensure the subrecipient will provide services or shelter to homeless individuals and families for the period during which the ESG-CV assistance is provided, without regard to a particular site or structure, so long as the applicant serves the same type of persons (e.g., families with children, unaccompanied youth, veterans, disabled individuals or victims of domestic violence) or persons in the same geographic area. F. The Contractor will ensure the subrecipients will assist homeless individuals in obtaining permanent housing, appropriate supportive services (including medical and mental health treatment, counseling, supervision and other services essential for achieving independent living) and other federal, state, local, and private assistance available for such individuals. G. To the maximum extent practical, the Contractor and its subrecipients, will involve homeless individuals and families, through employment, volunteer services, or otherwise, in constructing, renovating, maintaining and operating facilities assisted under ESG-CV and in providing services for occupants of facilities assisted by ESG-CV. 8. Shelter and Housing Standards Emergency shelters must also meet the minimum safety, sanitation, and privacy standards at 24 CFR 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 CFR part 8, the Fair Housing Act (42 U.S.C. 3601 et seq.) and implementing regulations at 24 CFR part 100, Title II of the Americans with Disabilities Act (42 U.S.C. 12131 et seq.), and 28 CFR part 35, where applicable. If Rapid Rehousing or Homeless Prevention assistance is provided, the assisted housing must meet the minimum habitability standards at 24 CFR 576.403 (c). 9. Inspections County of Frenso 2020-ESGCV1-00025 Page 10 of 22 EXHIBIT D Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 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 subrecipient or subcontractor until such Work is corrected. 10. Monitoring Grant Activities A. Contractor shall monitor the activities selected and awarded by them to ensure compliance with all ESG-CV requirements. An onsite monitoring visit 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 subrecipients 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 Continuum of Care program. In the event that project-level or system-wide performance consistently remains in the lowest quartile compared to all participating Service Areas in the Continuum of Care 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 subrecipients falsified any certification, application information, financial, or contract report, the Contractor shall be required to immediately reimburse the full amount of the ESG-CV 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 CFR 576.501 (c). E. As requested by the Department, the Contractor shall submit to the Department all ESG-CV monitoring documentation necessary to ensure that Contractor and its subrecipients are in continued compliance with all ESG-CV requirements. Such documentation requirements and the submission deadline(s) shall be County of Frenso 2020-ESGCV1-00025 Page 11 of 22 EXHIBIT D Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 provided by the Department when the information is requested from the Contractor. 11. Compliance with Federal and State Laws and Regulations A. The Contractor and its subrecipients shall comply with the policies, guidelines and requirements under 2 CFR, Part 200, as applicable, as they relate to the cost principles, audit requirements, acceptance and use of federal funds under this 2 CFR, Part 200. B. The Contractor agrees to comply with all federal and state laws and regulations applicable to the ESG-CV 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 and State laws and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all others matters applicable to the Contractor, its contractor or subcontractor and the Work. This includes, but is not limited to, complying with all relevant sections of 2 CFR Part 200. 12. Procurement of Goods and Services Prior to the drawdown of ESG-CV funds for the Contractor’s purchase of goods or services, Contractor, shall comply with the Procurement Standards contained in 2 CFR 200. Contractor, when procuring goods with ESG funds, must provide the Department with evidence of compliance with these requirements, as applicable. 13. Procurement of Recovered Materials Contractor and its subrecipients 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 CFR 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. 14. Equal Opportunity Requirements and Responsibilities A.Title VI of the Civil Rights Act of 1964: 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 County of Frenso 2020-ESGCV1-00025 Page 12 of 22 EXHIBIT D Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 activity receiving federal financial assistance. 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 Rights 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 Housing and Community Development Act of 1974 [42 U.S.C. 5309]: 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 fifty-five (55) or older. F.The Housing for Older Persons Act of 1995 (HOPA): Retained the requirement that the housing facilities must have one person who is fifty-five (55) years of age or older living in at least eighty percent (80%) 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 fifty- five (55) or older. G.The Age Discrimination Act of 1975: 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 seventy (70) was deleted from the laws. Federal law preempts any State law currently in effect on the same topic. H.Section 504 of the Rehabilitation Act of 1973: It is unlawful to discriminate County of Frenso 2020-ESGCV1-00025 Page 13 of 22 EXHIBIT D Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 based on disability in federally assisted programs. This Section provides that no otherwise qualified individual shall, solely by reason of his or her disability, 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 multi-family dwellings developed or substantially rehabilitated for first occupancy on or after March 13, 1991. I.The Americans with Disabilities Act of 1990 (ADA): This act modifies and expands the Rehabilitation Act of 1973 to prohibit discrimination against "a qualified individual with a disability" in employment and public accommodations. 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. J.Executive Order 11063: 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. K.Executive Order 11259: This executive order provides that the administration of all federal programs and activities relating to housing and urban development be carried out in a manner to further housing opportunities throughout the United States. L.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. M.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 (1-9). N.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, County of Frenso 2020-ESGCV1-00025 Page 14 of 22 EXHIBIT D Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 labor organizations, employment agencies, licensing and certification boards in complying with the requirements of federal laws prohibiting discriminatory employment. O.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. P.Executive Order 11246: This executive order applies to all federally assisted construction contracts and subcontracts. It provides that no person shall be discriminated against on the basis of race. 15. The Training, Employment, and Contracting Opportunities for Business and Lower Income Persons Assurance of Compliance (Section 3) The Contractor will comply with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing 24 CFR, Part 135. The responsibilities of the Contractor are outlined in 24 CFR Part 135.32 as follows: A. Implementing procedures designed to notify Section 3 residents about training and employment opportunities generated by Section 3 covered assistance and Section 3 business concerns about contracting opportunities generated by Section 3 covered assistance. B. Notifying potential subrecipients for Section 3 covered projects of the requirements and incorporating the Section 3 clause set forth in Section 135.38 in all solicitations and contracts in excess of $100,000.00. C. Facilitating the training and employment of Section 3 residents and the award of contracts to Section 3 business concerns by undertaking activities such as described in the appendix to this part, as appropriate, to reach the goals set forth in Section 135.30. Subrecipients, at their own discretion, may establish reasonable numerical goals for the training and employment of Section 3 residents and contract award to Section 3 business concerns that exceed those specified in Section 135.30. D. Assisting and actively cooperating with the Assistant Secretary in obtaining the compliance of contractors and subcontractors with the requirements of this part, and refraining from entering into any contract with any contractor where the subrecipient has notice or knowledge that the Contractor has been found in violation of the regulations in 24 CFR Part 135. E. Documenting actions taken to comply with the requirements of this part, the County of Frenso 2020-ESGCV1-00025 Page 15 of 22 EXHIBIT D Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 results of those actions taken and impediments, if any. F. A Contractor which distributes funds for Section 3 covered assistance to units of local governments, to the greatest extent feasible, must attempt to reach the numerical goals set forth in Section 135.30 regardless of the number of local governments receiving funds from the Section 3 covered assistance which meet the thresholds for applicability set forth at Section 135.30. The State must inform units of local government to whom funds are distributed of the requirements of this part; assist local governments and their contractors in meeting the requirements and objectives of this part; and monitor the performance of local governments with respect to the objectives and requirements of this part. 16. Affirmative Outreach A. Contractor or its subrecipients 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 subrecipients intends 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 subrecipients must establish additional procedures that ensure that those persons are made aware of the facilities, assistance, and services. B. Contractor or its subrecipients 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, applicants are also required to take reasonable steps to ensure meaningful access to programs and activities for Limited English Proficiency (LEP) persons. 17. Environmental Requirements This Agreement is subject to the provisions of the California Environmental Quality Act (CEQA). Contractor assumes responsibility to fully comply with CEQA’s requirements regarding the Work. In addition, Contractor shall comply with the environmental requirements of 24 CFR Part 576.407 subdivision (d). The obligation of funds and incurring of costs is hereby conditioned upon compliance with CEQA, 24 CFR Section 576.407 subdivision (d) and completion by the State and the U.S. Department of Housing and Urban Development of all applicable review and approval requirements. The Contractor shall supply all available, relevant information necessary for HCD to perform for each property any environmental review as required under 24 CFR Part 50. County of Frenso 2020-ESGCV1-00025 Page 16 of 22 EXHIBIT D Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 The Contractor shall also carry out mitigating measures required by HCD or select an alternate eligible property. HUD may eliminate from consideration any application that would require an environmental impact statement (EIS). The subrecipient, or any contractor of the subrecipient, may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a project, or commit or expend ESG-CV or local funds for eligible activities under this part, until HUD has performed an environmental review under 24 CFR Part 50 and the subrecipient has received HUD approval of the property, except as permitted related to temporary shelters per the CARES Act, Title XII, Homeless Assistance Grants Section. For all funded applications, HCD will inform the subrecipient any required additional environmental review. 18. Clean Air and Water Acts This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 U.S.C. 1857et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR, Part 15, 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 CFR, Part 35. 20. Prevailing Wages A. Where funds provided through this Agreement are used for construction work, or in support of construction work, Contractor shall ensure that the requirements of Chapter 1 (commencing with Section 1720) of Part 7 of the Labor Code (pertaining to the payment of prevailing wages and administered by the California Department of Industrial Relations) are met. B. For the purposes of this requirement “construction work” includes but is not limited to rehabilitation, alteration, demolition, installation or repair done under contract and paid for, in whole or in part, through this Agreement. All construction work shall be done through the use of a written contract with a properly licensed building contractor incorporating these requirements (the “Construction Contract”). Where the Construction Contract will be between the Contractor and a licensed building contractor, Contractor shall serve as the “awarding body” as defined in the Labor Code. Where the Contractor will provide County of Frenso 2020-ESGCV1-00025 Page 17 of 22 EXHIBIT D Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 funds to a third party that will enter into the Construction Contract with a licensed building contractor, the third party shall serve as the “awarding body”. C. The Construction Contract and any amendments thereto shall be subject to the prior written approval of the Department. Prior to any disbursement of funds, including but not limited to release of any final retention payment, the Department may require a certificate from the awarding body that prevailing wages have been or will be paid when required by Section 1720 et. seq. of the Labor Code. 21. Matching Funds Per the CARES Act, the amounts provided under the ESG-CV funding shall not be subject to match requirements that otherwise apply to ESG funding. 22. Assurance of Compliance with the “Violence Against Women Reauthorization Act of 2013” (VAWA) (S.47 - 113th Congress (2013-2014)) (as amended or reauthorized) Title VI - Safe Homes for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking – Sec. 601-603 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 Contractor or its subrecipients assure that: 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 County of Frenso 2020-ESGCV1-00025 Page 18 of 22 EXHIBIT D Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 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 does not cause a barrier in a survivor expressing their rights and receiving the protections needed to keep themselves safe. 23. 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. 24. Reporting and Recordkeeping A. 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. B. Contractor shall submit, within thirty (30) days after the end of the State- designated reporting period, in a manner and format approved by the Department, a Request for Funds (RFF) and Detailed Expense Report (DER). 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. C. 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). Contractor shall collect all program data elements using the HMIS and comply with all reporting requirements. D. Contractor shall maintain all fiscal and program records pertaining to the ESG- CV Grant for a period of three (3) years after the Department closes its HUD grant or any other period specified in 24 CFR §576.500 (y). County of Frenso 2020-ESGCV1-00025 Page 19 of 22 EXHIBIT D Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 NOTE: Record retention is based on the Department’s HUD closing date; NOT three (3) years from this Agreement expiration. The retention requirement can extend beyond three (3) years after this Agreement expires. Therefore, the Contractor must contact the Department for the specific record retention date for this Agreement. E. Contractor shall submit required reports on forms approved by the Department . 25. Audit/Retention and Inspection of Records A. Contractor agrees to maintain accounting books and records in accordance with Generally Accepted Accounting Principles, per 2 CFR 200.49 Contractor agrees that the Department, the Department of General Services, the Bureau of State Audits, 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 three (3) years after the Department closes its HUD grant or any other period specified in 24 CFR §576.500 (y). NOTE: Record retention is based on the Department’s HUD closing date; NOT three (3) years from this Agreement expiration. The retention requirement can extend beyond three (3) years after this Agreement expires. Therefore, the Contractor must contact the Department for the specific record retention date for this Agreement. 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. B. 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. C. Private Nonprofit Organization and Unit of General-Purpose Local Government contractors shall comply with the audit requirements contained in 2 CFR Part 200. 26. Faith-Based Activities Contractor and its subrecipients shall not require, as a condition of Program Participant housing, participation by Program Participants in any religious or philosophical ritual, County of Frenso 2020-ESGCV1-00025 Page 20 of 22 EXHIBIT D Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 service, meeting or rite. Contractor and its subrecipients listed in Exhibit B shall also comply with the requirements of 24 CFR Section 576.406 of the Federal Regulations. 27. Interest of Members, Officers or Employees of Contractors, Members of Local Governing Body Pursuant to 24 CFR 576.404, in addition to the conflict of interest requirements in OMB Circulars A-102 and A-110, 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 him or herself or for those with whom he or she has family or business ties, during his or her tenure or for one (1) year thereafter. HUD may grant an exception to this exclusion as provided in 24 CFR §570.611 (d) and (e). 28. Anti-Lobbying Certification 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 subrecipients 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. 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. A. 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. County of Frenso 2020-ESGCV1-00025 Page 21 of 22 EXHIBIT D Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 B. 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. 29. 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. 30. 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 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 31. Sanctions The Department may impose sanctions, as well as any other remedies available to it under law, on Contractor or its subrecipients, for failure to abide by any State and Federal laws and regulations applicable to the ESG-CV Program. Such sanctions include: A. Conditioning a future grant on compliance with specific laws of regulations; B. Directing Contractor or its subrecipients to stop incurring costs under the current grant; C. Requiring that some or the entire grant amount is remitted to the Department; County of Frenso 2020-ESGCV1-00025 Page 22 of 22 EXHIBIT D Program Name: Emergency Solutions Grants Program (ESG) NOFA Date: 06/01/2020 Approve Date: (8/4/2020) Prep. Date: 04/15/2020 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 CFR 576.501. Applications: FMCoC ESG-CV 2020 Application Award Number PO Number EXHIBIT E Federal Emergency Solutions Grants Program 2020 ESG-CV Application Profile witrac@fresnocountyca.gov Application Title FMCoC ESG-CV 2020 Application This application is subject to the Coronavirus Aid, Relief, and Economic Security (CARES) Act enacted March 27, 2020 and the Emergency Solutions Grants (ESG) Program federal regulations established by the U.S. Department of Housing and Urban Development (HUD) 24 Code of Federal Regulations (CFR), Parts 91 and 576, and subject to any waivers issued by HUD. Please read the ESG 2020 Coronavirus Notice of Funding Availability (NOFA), as well as the CARES Act and federal regulations cited above. These references are also linked below in the Resources section. Application Submittal: The Department will be accepting applications through the eCivis Grants Management System portal beginning the week of June 1, 2020. Applications and required documentation must be received by HCD no later than 5:00 p.m. Pacific StandardDaylight Time on Monday, July 20, 2020; however earlier applications are highly encouraged. Any applications received after this time, will not be accepted. All HCD funding decisions are final. Resources Provided below is a list of all the Regulations referenced in this Application: •Emergency Solutions Grant Program Webpage https://www.hcd.ca.gov/grants-funding/active-funding/esg.shtml •Coronavirus Aid, Relief, and Economic Security Act (CARES Act) https://www.congress.gov/116/bills/hr748/BILLS-116hr748enr.pdf • Executive Order N-66-20 issued May 29, 2020 https://www.gov.ca.gov/wp-content/uploads/2020/05/5.29.20-EO-N-66-20.pdf •24 CFR 576 https://www.govinfo.gov/app/details/CFR-2012-title24-vol3/CFR-2012-title24-vol3-part576 •2 CFR 200 https://www.govinfo.gov/app/details/CFR-2014-title2-vol1/CFR-2014-title2-vol1-part200 •24 CFR 91 https://www.govinfo.gov/app/details/CFR-2011-title24-vol1/CFR-2011-title24-vol1-part91 •US Code Title 18 Section 1001-1002 https://www.govinfo.gov/app/details/USCODE-2010-title18/USCODE-2010-title18-partI-chap47-sec1001 •US Code Title 31 Section 3729-3730 https://www.govinfo.gov/app/details/USCODE-2010-title31/USCODE-2010-title31-subtitleIII-chap37-subchapIII-sec3729 •US Code Title 31 Section 3801-3812 https://www.govinfo.gov/app/details/USCODE-2010-title31/USCODE-2010-title31-subtitleIII-chap38-sec3801 Section I - Applicant Name NOTE: Name of Applicant must be the same as stated in the Board Resolution and Payee Data Record or Government TIN Form Applicant Name County of Fresno County of Fresno 20-ESGCV1-00025 1 of 36 Is the Applicant a non-profit? No Section II - Subrecipient Awards Please provide a letter describing the provider selection process you have used or will use and certifying that the process meets the requirements outlined in the NOFA. Provider Selection Process Letter Provider Selection Letter.pdf Section III - Legislative Contacts Provide the Legislative and Congressional information for the applicant and each activity location, (if different than applicant location), included in this application. To locate or verify the Legislative and Congressional information, click on the respective links below and enter the applicant office location zip code, the activity location site zip code(s) (i.e. zip code(s) where activities are performed), and any additional activity location site(s), as applicable. California State Assembly California State Senate US House of Representatives Applicant Office Location State Assembly Member District Number 23 First Name Jim Last Name Patterson State Senate Member District Number 8 First Name Andrea Last Name Borgeas U.S. House of Representatives District Number 22 First Name Deven Last Name Nunes Do you have activities located outside the applicant office location? No Section IV - Duplication of Benefit A Duplication of Benefit (DOB) occurs when a program beneficiary receives assistance from multiple funding sources totaling an amount that exceeds the need for a particular funding need. The duplication is the amount of assistance provided in excess of the County of Fresno 20-ESGCV1-00025 2 of 36 need. It is the Department’s responsibility to ensure that each ESG-CV activity provides assistance only to the extent that the recipient’s project’s funding need(s) has not been met by another funding source. Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) prohibits federal agencies from providing assistance to any “person, business concern, or other entity” for any loss for which the entity has already received financial assistance from another source (See: 42 USC § 5155(a)). The Federal Register Notice, published on November 16, 2011 (Docket No. FR-5582-N-01), requires adequate policies and procedures in place to prevent a DOB and provide for the recapture of funds, if necessary. Once selected, subrecipients will be required to report on Duplication of Benefit metrics such as types of funding sources received, amounts received, expected persons served and actual persons served. Additional guidance is to be provided by the Department of Housing and Urban Development (HUD) as to the implementation and best practices of DOB tracking. Please check here to confirm you have read the above and agree to monitor subrecipients for DOB in accordance with any current and anticipated guidance from HUD and to provide requested DOB tracking data to HCD. Agree Section V - Certification of Indirect Costs Please complete and upload the Certification of Indirect Costs Form located in the "Files" section of the Grants Network ESG-CV Program Solicitation Page: https://gn.ecivis.com/GO/gn_redir/T/1ogdqmjnwhvvq Certification of Indirect Costs Certification of Indirect Costs.pdf Section VI - Payee Data Record, Government TIN Form and Applicant Verification Form Applicants that are a unit of local government must submit a Government TIN Form with the Application Package. Applicants that are not a unit of local government must submit a Payee Data Record Form, STD 204 with the Application Package. All applicants must complete the Applicant Name Verification Form with the Application Package. Please find the forms referenced above in the "Files" section of the Grants Network ESG-CV Program Solicitation Page: https://gn.ecivis.com/GO/gn_redir/T/1ogdqmjnwhvvq Payee Data Record Form or Government TIN Form 03 FORM VI - GovTIN form complete.pdf Applicant Name Verification Form 04 Section VI - Applicant Name Verification Form.pdf Section VII - Governing Board Resolution Please refer to the "Resolution Template" and "Tips for an Approved Resolution" located in the "Files" section of the Grants Network ESG-CV Program Solicitation Page: https://gn.ecivis.com/GO/gn_redir/T/1ogdqmjnwhvvq Authorized Resolution 05 Section VII - AE Resolution + Minutes.pdf Section VIII - Applicant Compliance Certification Please complete, sign and upload the Applicant Compliance Certification Form located in the "Files" section of the Grants Network ESG-CV Program Solicitation Page: https://gn.ecivis.com/GO/gn_redir/T/1ogdqmjnwhvvq Applicant Compliance Certification Applicant Compliance.pdf Section IX - CoC Designation of Administrative Entity to Administer Funds If the Continuum of Care is designating an Administrative Entity to apply for and administer the funding, please provide name and contact information for the Authorized CoC Representative below and complete, sign and upload the Designation of Administrative Entity form. Form is located in the "Files" section of the Grants Network ESG-CV Program Solicitation Page: https://gn.ecivis.com/GO/gn_redir/T/1ogdqmjnwhvvq County of Fresno 20-ESGCV1-00025 3 of 36 CoC Authorized Representative First Name Laura CoC Authorized Representative Last Name Moreno Title CoC Chair Phone Number 5596002335 Email Address lhaga@fresnocountyca.gov Designation of Administrative Entity Designation of AE.pdf Section X - Additional Information Emergency Shelter Renovation Costs Do you intend to use any of the Emergency Shelter funding for major rehabilitation or renovation in excess of $2,000? If so, an estimate from an engineer or architect is required to substantiate the cost. No Audit and Monitoring Status Are all single audit findings cleared or in remediation? Yes Upload your most current single audit, if applicable 08 Section X - Single Audit.pdf Are all program monitoring findings cleared or in remediation? N/A (no monitoring findings or no recent monitoring completed) Have any Department of Housing and Community Development monitoring findings been resolved or is there an approved remediation plan in effect? If you have not been monitored in the last five years, select N/A. If you are unsure if your prior findings have been resolved please contact your program representative. Are you in compliance with all existing HCD award agreements? Yes Do you have any overdue Annual Performance Reports? No Section XI Budget Worksheet The Budget and Goals pages must be completed before submitting your application. If you have not already done so, then click "Save Draft" and access the Application Budget and Goals table below this window. You can return at a later time to finish and save this form before finally submitting. Have you completed and submitted your budget worksheet? Yes Have you completed your projected outcomes within the Goals worksheet? Yes HCD is working to determine how best to allocate future issuances of ESG-CV funding. Please provide a rough estimate of the amount of additional ESG-CV your CoC Service Area could utilize for ESG-CV eligible activities (including major rehabilitation and renovation under the Emergency Shelter eligible activity) by the July 30, 2022 expenditure deadline. 1,512,000 County of Fresno 20-ESGCV1-00025 4 of 36 Please briefly describe how you would utilize the amount of additional ESG-CV funds provided above. The County would use the additional ESG-CV funds to expand services in non-entitlement areas within the Fresno Madera Continuum of Care jurisdiction as well as increase services in entitlement areas. # of Reviews 1 # of Denials 0 View Budget Worksheet https://portal.ecivis.com/#/peerBudget/AF269DC4-73BB-4438-82B8-6AEED2979549 View Application Goals https://portal.ecivis.com/#/peerGoals/A39EA73F-6200-483D-AC62-736115C92008 Original Submission Date (for re-submissions) Applications: File Attachments Provider Selection Process Letter Provider Selection Letter.pdf Certification of Indirect Costs Certification of Indirect Costs.pdf Payee Data Record Form or Government TIN Form 03 FORM VI - GovTIN form complete.pdf Applicant Name Verification Form 04 Section VI - Applicant Name Verification Form.pdf Authorized Resolution 05 Section VII - AE Resolution + Minutes.pdf Applicant Compliance Certification Applicant Compliance.pdf Designation of Administrative Entity Designation of AE.pdf County of Fresno 20-ESGCV1-00025 5 of 36 County of Fresno 20-ESGCV1-000256 of 36 County of Fresno 20-ESGCV1-000257 of 36 County of Fresno 20-ESGCV1-000258 of 36 County of Fresno 20-ESGCV1-000259 of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ounty of Fresno County of Fresno County of Fresno County of Fresno 20-ESGCV1-00025 10 of 36 BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF FRESNO STATE OF CALIFORNIA IN THE MATTER OF AUTHORIZING THE ) RESOLUTION NO. ___________ COUNTY OF FRESNO TO SERVE AS ) THE ADMINISTRATIVE ENTITY FOR THE ) CORONAVIRUS AID, RELIEF, AND ECONOMIC ) SECURITY (CARES) ACT ALLOCATION ) OF EMERGENCY SOLUTIONS GRANT FUNDS ) The COUNTY OF FRESNO hereby adopts the following resolutions: WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated June 1, 2020 under the Coronavirus Aid, Relief, and Economic Security (CARES) Act allocation to the Emergency Solutions Grants (ESG) Program (hereinafter referred to as the “Program,” or “ESG-CV); and WHEREAS, the FMCoC wishes the County of Fresno to serve as the Administrative Entity for ESG-CV funds awarded to the FMCoC and the County of Fresno is an approved ESG Administrative Entity; and WHEREAS, the Department may approve funding allocations for the ESG-CV Program, subject to the terms and conditions of the NOFA, Program regulations and requirements, and the Standard Agreement and other contracts between Department and ESG-CV grant recipients. NOW THEREFORE BE IT RESOLVED THAT: 1.If the County of Fresno receives a grant of ESG-CV funds from the Department pursuant to the above referenced ESG-CV NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the ESG-CV Program, as well as any and all contracts the County of Fresno may have with the Department. 2.County of Fresno is hereby authorized and directed to receive an ESG-CV grant, in an amount not to exceed $2,016,000, in accordance with all rules and laws. 3.County of Fresno hereby agrees to use the ESG-CV funds for eligible activities as approved by the Department and in accordance with all Program requirements, and other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between County of Fresno and the Department. 4.The Chairman of the Board of Supervisors is hereby authorized to execute the Standard Agreement and any subsequent amendments or modifications thereto, and the Chairman of the Board of Supervisors or the Director of the Department of Social Services is hereby authorized to execute any other documents which are related to the Program or the ESG-CV grant awarded to County of Fresno, as the Department may deem appropriate. 20-249 County of Fresno 20-ESGCV1-00025 11 of 36 1 THE FOREGOING , was passed and adopted by the following vote of the Board of Supervisors of the 2 County of Fresno this 7th day of July 2020, to wit: 3 4 5 6 7 8 9 AYES: NOE S: Supervisors Brandau, Magsig, Mendes , Pacheco, Quintero None 10 11 ABSENT: None ABSTAINED: None ATTEST: 12 Bernice E . Seidel Clerk of the Board of Supervisors .13 County of Fresno , State of California 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By : S,u $.A.,:o. h 2-bttp Deputy Ernest Buddy Mende Supervisors of the County of Fresno County of Fresno 20-ESGCV1-00025 12 of 36 Hall of Records, Room 301 2281 Tulare Street Fresno, California 93721-2198 Telephone: (559) 600-3529 Toll Free: 1-800-742-1011 www.co.fresno.ca.us County of Fresno Action Summary - Final Board of Supervisors Buddy Mendes, 4th District, Chairman Steve Brandau, 2nd District, Vice-Chairman Brian Pacheco, 1st District Sal Quintero, 3rd District Nathan Magsig, 5th District Jean M. Rousseau, County Administrative Officer Daniel C. Cederborg, County Counsel Bernice E. Seidel, Clerk of the Board of Supervisors 9:00 AM Hall of RecordsTuesday, July 7, 2020 PURSUANT TO CALIFORNIA GOVERNOR GAVIN NEWSOM’S EXECUTIVE ORDER N-25-20 ON MARCH 12, 2020, RELATING TO THE CONVENING OF PUBLIC MEETINGS IN LIGHT OF THE COVID-19 PANDEMIC, SUPERVISOR QUINTERO ATTENDED THE MEETING TELEPHONICALLY AND PARTICIPATED IN THE MEETING TO THE SAME EXTENT AS HE WAS PRESENT Chairman Buddy Mendes, Vice Chairman Steve Brandau, Supervisor Nathan Magsig, Supervisor Brian Pacheco, and Supervisor Sal Quintero Present:5 - Invocation and Pledge of Allegiance Brent Deffenbacker, Executive Director of Discipleship and Teaching, CrossCity Christian Church gave the invocation and led the Board of Supervisors in the Pledge of Allegiance 1.Approve Agenda A MOTION WAS MADE BY SUPERVISOR MAGSIG, SECONDED BY VICE CHAIRMAN BRANDAU, THAT THIS AGENDA BE APPROVED AS RECOMMENDED. THE MOTION CARRIED BY THE FOLLOWING VOTE: Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - 2.Approve Consent Agenda - Item Numbers 19 - 50 A MOTION WAS MADE BY VICE CHAIRMAN BRANDAU, SECONDED BY SUPERVISOR MAGSIG, THAT THE CONSENT AGENDA BE APPROVED AS RECOMMENDED. THE MOTION CARRIED BY THE FOLLOWING VOTE: Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Administrative Office 3.Receive update on Coronavirus Aid, Relief, and Economic Security (CARES) Act funding expenditure plan RECEIVED UPDATE Printed on 8/4/2020County of Fresno Page 1 The County of Fresno is an Equal Employment Opportunity Employer County of Fresno 20-ESGCV1-00025 13 of 36 July 7, 2020Board of Supervisors Action Summary - Final Public Works and Planning 4.Conduct public hearing to consider all oral statements and all written protests made or filed by any interested person, if any, to the annual assessment for park maintenance costs in County Service Area No. 2, Tenaya Estates; and, adopt Resolution approving and levying the annual assessment for park maintenance benefiting 142 parcels within Tenaya Park Assessment District for County Service Area No. 2 CONDUCTED PUBLIC HEARING. NO PUBLIC TESTIMONY RECEIVED AND NO WRITTEN PROTESTS OR ORAL STATEMENTS MADE. A MOTION WAS MADE BY VICE CHAIRMAN BRANDAU, SECONDED BY SUPERVISOR PACHECO, THAT THE PUBLIC HEARING BE CLOSED. THE MOTION CARRIED BY THE FOLLOWING VOTE: Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - A MOTION WAS MADE BY VICE CHAIRMAN BRANDAU, SECONDED BY SUPERVISOR MAGSIG, THAT THIS MATTER BE APPROVED AS RECOMMENDED. THE MOTION CARRIED BY THE FOLLOWING VOTE: Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Resolution No. 20-250 5.Conduct public hearing to consider all oral statements and all written protests made or filed by any interested person, if any, to the annual assessment for street lighting services, open space maintenance and public right-of-way landscape maintenance costs in County Service Area No. 34, Zone D, Renaissance at Bella Vista; and, adopt Resolution approving and levying the annual assessment for street lighting services, open space maintenance and public right-of-way landscape maintenance for 106 parcels within the Renaissance at Bella Vista Lighting, Open Space and Landscape Assessment District for County Service Area No. 34, Zone D CONDUCTED PUBLIC HEARING. NO PUBLIC TESTIMONY RECEIVED AND NO WRITTEN PROTESTS OR ORAL STATEMENTS MADE. A MOTION WAS MADE BY SUPERVISOR MAGSIG, SECONDED BY VICE CHAIRMAN BRANDAU, THAT THE PUBLIC HEARING BE CLOSED. THE MOTION CARRIED BY THE FOLLOWING VOTE: Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - A MOTION WAS MADE BY SUPERVISOR MAGSIG, SECONDED BY SUPERVISOR PACHECO, THAT THIS MATTER BE APPROVED AS RECOMMENDED. THE MOTION CARRIED BY THE FOLLOWING VOTE: Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Resolution No. 20-251 Page 2County of Fresno Printed on 8/4/2020 County of Fresno 20-ESGCV1-00025 14 of 36 July 7, 2020Board of Supervisors Action Summary - Final 6.Adopt a Resolution to determine the total amount of a Clean Water State Revolving Fund Loan in the amount of $4,144,919 for improvements to residential wastewater treatment facility serving Zone D of County Service Area No. 44 Monte Verdi Estates, to determine that the assessment in Assessment District No. 284 is due and payable, and to fix the total amount of the assessment at $5,310,000 A MOTION WAS MADE BY SUPERVISOR MAGSIG, SECONDED BY SUPERVISOR PACHECO, THAT THIS MATTER BE APPROVED AS RECOMMENDED. THE MOTION CARRIED BY THE FOLLOWING VOTE: Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Resolution No. 20-252 7.Conduct first hearing on an Ordinance to amend Chapter 11.24 - Speed Limits of the Fresno County Ordinance Code, Sections 11.24.040 through 11.24.090, to reflect various changes to the Ordinance Code as a result of recent traffic studies; waive reading of the Ordinance in its entirety; set second hearing for August 18, 2020; designate County Counsel to prepare a fair and adequate summary of the proposed Ordinance; and direct the Clerk of the Board to post and publish the required summary in accordance with Government Code, Section 25124(b)(1) A MOTION WAS MADE BY SUPERVISOR MAGSIG, SECONDED BY SUPERVISOR PACHECO, THAT THIS MATTER BE APPROVED AS RECOMMENDED. THE MOTION CARRIED BY THE FOLLOWING VOTE: Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - 8.Conduct public hearing to receive testimony on proposed additions to County Coronavirus Aid, Relief, and Economic Security (CARES) Act Emergency Solutions Grant (ESG) and Community Development Block Grant (CDBG) programs; approve substantial amendment to the 2019-20 Annual Action Plan to update planned uses for CDBG funding and ESG funding, under the CARES Act; and, authorize Director of the Department of Social Services to execute the related Standard Form 424, Certifications, and Entitlement Grant Agreement CONDUCTED PUBLIC HEARING. NO PUBLIC TESTIMONY RECEIVED. CLOSED PUBLIC HEARING. A MOTION WAS MADE BY SUPERVISOR MAGSIG, SECONDED BY VICE CHAIRMAN BRANDAU, THAT THIS MATTER BE APPROVED AS RECOMMENDED. THE MOTION CARRIED BY THE FOLLOWING VOTE: Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - 9.Adopt Plans and Specifications for Contract 19-S-04 Fresno County Sheriff Area 2 Substation, and award to the low bidder, Klassen Corporation, 2021 Westwind Drive, Bakersfield, CA, including the base bid and all the additive bids, in the total amount of $11,364,500; and authorize the Chairman to execute Contract Change Orders up to 5% ($568,225) of the construction contract total for Contract No. 19-S-04 A MOTION WAS MADE BY SUPERVISOR MAGSIG, SECONDED BY VICE CHAIRMAN BRANDAU, THAT THIS MATTER BE APPROVED AS RECOMMENDED. THE MOTION CARRIED BY THE FOLLOWING VOTE: Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Page 3County of Fresno Printed on 8/4/2020 County of Fresno 20-ESGCV1-00025 15 of 36 July 7, 2020Board of Supervisors Action Summary - Final Board of Supervisors' Committee Reports and Comments 10.Board of Supervisors' Committee Reports and Comments - Receive and provide direction (this item reserved for committee reports by members of the Board of Supervisors) SUPERVISOR PACHECO THANKED THE PUBLIC WORKS ROADCREW IN AREA 4, LOCATED IN DISTRICT 1, FOR QUICKLY CLEARING A ROAD HAZARD RECENTLY REPORTED MAKING THE REPORTING CONSTITUENT VERY HAPPY. SUPERVISOR ALSO REQUESTED A STATUS REPORT FROM COUNTY COUNSEL ON RIGHT OF WAY ISSUES BROUGHT FORWARD AT A RECENT BOARD MEETING. COUNTY COUNSEL DAN CEDERBORG AND PUBLIC WORKS & PLANNING DIRECTOR STEVE WHITE REPORTED THE ITEM IS PLANNED TO BE PRESENTED AT THE AUGUST BOARD MEETING STATING IT WILL COVER RIGHT OF WAY ISSUES ON PRIVATE AND PUBLIC PROPERTIES. SUPERVISOR BRANDAU ACKNOWLEDGED THE PASSING OF CHARLIE DANIELS, A STAR WITH FRESNO COUNTY CONNECTIONS. SUPERVISOR EXPRESSED THAT THE COMMUNITY SHOULD HEAR THE BOARDS THOUGHTS ON COVID-19, AND HE FEELS THE GOVERNOR HAS ARBITRARILY SHUT DOWN INDUSTRIES BY NOT USING THE SAME METHODS REGARDING THE MEDICAL SYSTEMS AND BUSINESSES, AND IS USING THE THREAT OF HOLDING CARES ACT DOLLARS FROM COUNTIES THAT DO NOT FOLLOW THE GOVERNOR’S EVERY DEMAND. SUPERVISOR UNDERSTANDS EMOTION BEHIND THE COVID-19 ISSUES AND BELIEVES THERE SHOULD BE SOME FLEXIBILITY IN TIMES OF CRISIS. SUPERVISOR MAGSIG REPORTED THAT BOTH THE SAN JOAQUIN VALLEY INSURANCE AUTHORITY (SJVIA) AND FRESNO COUNTY EMPLOYEES’ RETIREMENT ASSOCIATION (FCERA) ARE SYSTEMS BEING IMPACTED BY COVID-19 AND COULD HAVE DIRECT CONSEQUENCES TO THE COUNTY’S BUDGET AND EMPLOYEES BECAUSE THE EMPLOYEES PAY FOR PART OF THEIR HEALTH CARE AND RETIREMENT AND HE ALSO STATED THAT THE COUNTY NEEDS TO BE CREATIVE WITH COVID-19 DOLLARS. SUPERVISOR MAGSIG EXPLAINED THAT THE COUNTY OF FRESNO BELIEVES ALL BUSINESSES ARE ESSENTIAL, CLARIFYING THAT WHEN THE BOARD TALKS ABOUT ALL BUSINESSES BEING ESSENTIAL, IF SMALL BUSINESSES FAIL, THEN GOVERNMENT FAILS AND GOVERNMENT IS CREATED TO SERVE THE PUBLIC. SUPERVISOR QUINTERO ANNOUNCED THE PASSING OF ROBERT BOYAJIAN, KNOWN AS BOBBY MAGIC. CHAIRMAN MENDES EXPRESSED APPRECIATION FOR PUBLIC WORKS & PLANNING QUICKLY REMOVING DANGEROUS TREES OVERHANGING ON A CURVY ROAD OUTSIDE OF LATON. CHAIRMAN REQUESTED ADJOURNING IN MEMORY OF PAUL WARREN, STAFF ANALYST III WITH THE DEPARTMENT OF SOCIAL SERVICES, A VALUED MEMBER OF DSS SINCE JULY 2011 Board Appointments 11.Board Appointments - Receive Boards, Commissions and Committees Vacancy Report; and Appoint Applicants as necessary NO APPOINTMENTS WERE MADE Public Presentations 12.Public Presentations - This portion of the meeting reserved for persons desiring to address the Board on any matter not on this agenda - Pursuant to Administrative Policy No. 29, presentations are limited to 3 minutes per person and no more than 15 minutes total per topic HELD; RECEIVED Page 4County of Fresno Printed on 8/4/2020 County of Fresno 20-ESGCV1-00025 16 of 36 July 7, 2020Board of Supervisors Action Summary - Final Closed Session 13.Conference with legal counsel - Initiation of Litigation; Government Code, section 54956.9(d)(4) (2 Cases) HELD; NO REPORTABLE ACTION 14.Conference with legal counsel – Significant Exposure to Litigation; Government Code, section 54956.9(d)(2) (2 Cases) HELD; NO REPORTABLE ACTION 15.Threat to public services or facilities – Government Code, Section 54957(a) – Consultation with Jean Rousseau, CAO and Emergency Services Director, Robert Bash, Director of ISD or Designee and David Pomaville, Director of Public Health or Designee BASED ON A THREAT TO PUBLIC SERVICE, THE BOARD DIRECTED COUNTY ADMINISTRATIVE OFFICER AND DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH TO WRITE A LETTER TO THE GOVERNOR SUPPORTING MORE FLEXIBILITY IN TERMS OF HOW WE DEAL WITH BUSINESSES AND THEIR OPENINGS AND TO TAKE AN ACTUAL LOOK AT THE HEALTH RISKS REGARDING COVID-19 RATHER THAN MAKING ARBITRARY DECISIONS. ALL BOARD MEMBERS AGREE TO EXECUTE THE LETTER 16.Conference with Labor Negotiator (Government Code, section 54957.6): Agency Negotiator: Paul Nerland; Employee Organization: All Bargaining Units and Management and Unrepresented Employees - Hours, Wages and Terms and Conditions of Employment HELD; NO REPORTABLE ACTION 17.Conference with Legal Counsel – Anticipated Litigation Significant Exposure to Litigation pursuant to Government Code Section 54956.9(d)(2) - 1 case HELD; NO REPORTABLE ACTION 18.Conference with legal Counsel - Existing Litigation - Government Code, section 54956.9(d)(1) - Comunidades Unidas por un Cambio v. County of Fresno, Fresno County Superior Court, Case No. 18CECG04586 HELD; NO REPORTABLE ACTION 19.Conference with Real Property Negotiators - Government Code 54956.8 Properties: 500 E. Elkhorn, Caruthers, CA 93609; County Negotiator: Jean M. Rousseau, County Administrative Officer or Designee. Negotiating Parties: North Fork Kings Groundwater Sustainability Agency, Under Negotiations: Instructions to County's negotiator may concern purchase or lease of properties, price, terms and conditions HELD; NO REPORTABLE ACTION Page 5County of Fresno Printed on 8/4/2020 County of Fresno 20-ESGCV1-00025 17 of 36 July 7, 2020Board of Supervisors Action Summary - Final Adjourn A MOTION WAS MADE BY SUPERVISOR MAGSIG, SECONDED BY SUPERVISOR PACHECO, THAT THIS MEETING BE ADJOURNED. THE MOTION CARRIED BY THE FOLLOWING VOTE: Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - APPROVED: /s/ Ernest Buddy Mendes ERNEST BUDDY MENDES, CHAIRMAN OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FRESNO ATTEST: BY: /s/ Bernice E. Seidel BERNICE E. SEIDEL CLERK OF THE BOARD OF SUPERVISORS COUNTY OF FRESNO, STATE OF CALIFORNIA APPROVED ON August 4, 2020 Page 6County of Fresno Printed on 8/4/2020 County of Fresno 20-ESGCV1-00025 18 of 36 July 7, 2020Board of Supervisors Action Summary - Final CONSENT AGENDA A MOTION WAS MADE BY VICE CHAIRMAN BRANDAU, SECONDED BY SUPERVISOR MAGSIG, THAT THE CONSENT AGENDA BE APPROVED AS RECOMMENDED. THE MOTION CARRIED BY THE FOLLOWING VOTE: Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Board of Supervisors 20.Approve minutes of meeting for June 23, 2020 APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - 21.Approve the initial Conflict of Interest Code for Yosemite Valley Charter School APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Chairman Mendes 22.Proclaim the week of July 6-10, 2020, as Eligibility Workers, Job Specialists, and Appeals Specialists Appreciation Week and honor the members of these professions for their commitment to the residents of Fresno County APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Resolution No. 20-236 Supervisor Quintero 23.Proclaim July 4th, 2020 as Radio Bilingüe & Hugo Morales Day APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Resolution No. 20-237 24.Adjourn in Memory of Ellington "Fugi" Jordan APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Page 7County of Fresno Printed on 8/4/2020 County of Fresno 20-ESGCV1-00025 19 of 36 July 7, 2020Board of Supervisors Action Summary - Final 25.Adjourn in Memory of Wanda Lee Swieso APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Auditor Controller-Treasurer/Tax Collector 26.Receive and file the Fresno County Audit Committee Minutes from December 13, 2019 and January 10, 2020 meetings APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - 27.Approve and authorize chairman to sign resolution approving and agreeing to include the City of Fowler in the County’s alternative method of property tax allocation, also known as the Teeter Plan, with respect to secured property taxes, but excluding assessments, in accordance with the provisions of Revenue and Taxation Code 4701 through 4717 effective beginning with Fiscal Year 2020-21 APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Resolution No. 20-238 Sheriff/Coroner/Public Administrator 28.Adopt and authorize Chairman to execute Resolution approving special tax amount, and levying special tax in the maximum total amount of $306,643.47, on developed real properties within (Mello-Roos) Countywide Community Facilities District (CFD) No. 2006-01 (District), including its Annexation Territories, for enhanced police protection services for FY 2020-21 APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Resolution No. 20-239 Page 8County of Fresno Printed on 8/4/2020 County of Fresno 20-ESGCV1-00025 20 of 36 July 7, 2020Board of Supervisors Action Summary - Final 29.Approve and authorize Chairman to execute a Memorandum of Understanding (MOU) with the City of Fresno that the City will act as Fiscal Agent for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2019 Local Solicitation from the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA), $78,514; approve and authorize Chairman to execute Certification and Assurance by Chief Executive; and authorize the Sheriff-Coroner-Public Administrator or her designee to sign and/or initial award documents and other related and required documents, as appropriate, that are necessary to accept this grant APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Agreement No. 20-254 30.Approve, ratify and authorize the Chairman to execute a retroactive grant award agreement and to initial the special condition pages of the agreement from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (BJA) for the BJA FY 2020 Coronavirus Emergency Supplemental Funding Program, effective January 20, 2020 through January 31, 2022 ($252,969); (a) Approve, authorize, and ratify the Sheriff’s previously submitted revised Budget Detailed Worksheet, revised Financial Capabilities Questionnaire, Disclosure of Lobbying Activities and Program Narrative to the U.S. Department of Justice (DOJ) for the above grant award, and all acts taken by the Sheriff, or her designees, in connection therewith, and (b) approve, authorize and ratify the Sheriff’s resubmission of the revised Budget Detailed Worksheet and the revised Financial Capabilities Questionnaire and the Sheriff’s submission of the Disclosure of Lobbying Activities and Program Narrative to the DOJ for the above grant award; and approve and authorize the Sheriff, or her authorized representative to sign claims for reimbursement, notices, and other related documents consistent with the above grant award APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Agreement No. 20-255 Administrative Office 31.Adopt Resolution proclaiming continuation of the local emergency status relating to the extremely high levels of tree mortality and hazardous conditions created by the drought and request that the Governor continue to provide resources and support to mitigate risk of falling trees and increased fire hazard APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Resolution No. 20-240 Page 9County of Fresno Printed on 8/4/2020 County of Fresno 20-ESGCV1-00025 21 of 36 July 7, 2020Board of Supervisors Action Summary - Final 32.Make a finding that it is in the best interest of the County to waive the competitive bidding process consistent with Administrative Policy No. 34 for unusual or extraordinary circumstances for the solicitation of services to promote and market the resources and economy of Fresno County; and, approve and authorize the Chairman to execute a retroactive sole source Agreement with the Economic Development Corporation serving Fresno County to promote and market the resources and economy of Fresno County, effective July 1, 2020 through June 30, 2021 ($38,000) APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Agreement No. 20-256 33.Retroactively approve and authorize the Chairman or his designee to complete the online designation of Supervisor Magsig as the County’s voting delegate for the 2020 National Association of Counties Virtual Annual Business Meeting APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - 34.Approve and authorize the County Administrative Officer to execute a Coronavirus Relief Funding form allowing the County to be eligible for approximately $16.4 million and certifying that the County’s proposed uses of funds under the applicable provisions of paragraphs (2) or (3) of subdivision (d) of Control Section 11.90 of the Budget Act of 2020, will only be used for specific costs and under certain conditions detailed within the form; and, approve and authorize the County Administrative Officer to execute a certification form allowing for receipt of funds pursuant to Provision 3 of Item 9210-110-0001 of the Budget Act of 2020 certifying that the County’s proposed uses of a portion of $750 million in Realignment backfill funding and a possible additional portion of $250 million of potential Realignment backfill funding will only be used for specific costs and under certain conditions detailed within the form APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Behavioral Health 35.Approve and authorize the Chairman to execute First Amendment to Agreement No. 18-419 with Relias Learning, LLC for additional e-learning licenses, effective July 7, 2020 with no change to the term of September 1, 2018 through August 31, 2023 and increasing the maximum by $280,972 to a total of $816,082 APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Agreement No. 18-419-1 Page 10County of Fresno Printed on 8/4/2020 County of Fresno 20-ESGCV1-00025 22 of 36 July 7, 2020Board of Supervisors Action Summary - Final 36.Approve and Authorize the Chairman to execute a Retroactive First Amendment to Master Agreement No. 18-418 with multiple Short-Term Residential Therapeutic Programs and out-of-state group homes for the provision of specialty mental health services to adolescent youth in foster care, effective May 1, 2020 with no change in term of August 7, 2018 through June 30, 2023 and increasing the maximum by $46,000,000 to a total of $47,800,000 APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Agreement No. 18-418-1 37.Approve and authorize the Department of Behavioral Health to move forward with next planning steps in the development of proposed Innovation programs APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - 39.Approve Amendment to the Salary Resolution adjusting the Salary for the position of Medical Records Coordinator effective July 13, 2020 as reflected on Appendix C APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Salary Resolution No. 20-020 38.Approve and authorize the Chairman to execute retroactive Amendment I to Agreement 19-291 with Health Career Connection for a healthcare management student internship program, effective June 1, 2020 with no change to the term of July 1, 2019 through June 30, 2022 ($0) Human Resources 40.Approve the Addendum to Memorandum of Understanding, which extends the term of the Memorandum of Understanding for Representation Unit 35 - Sheriff’s and Correctional Lieutenants, represented by the Sheriff’s and Correctional Lieutenants Association, through November 1, 2020 APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - 41.Approve and authorize the Chairman to execute a First Amendment to Master Agreement No. 20-022 with various vendors to provide pre-employment psychological screening and evaluation services via videoconference applications in addition to approved in-office/remote evaluation sessions, effective July 7, 2020, with no change to the term of January 7, 2020 through January 6, 2025, or compensation maximum of $750,000 APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Page 11County of Fresno Printed on 8/4/2020 County of Fresno 20-ESGCV1-00025 23 of 36 July 7, 2020Board of Supervisors Action Summary - Final Agreement No. 20-022-1 42.Adopt Resolutions Rejecting Claims for Damages APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Resolution No. 20-241, Resolution No. 20-242, Resolution No. 20-243, Resolution No. 20-244 43.Approve the Addendum of Memorandum of Understanding, which extends the term of the Memorandum of Understanding for Representation Unit 14 - Supervisory Peace Officers, represented by the Fresno Sheriff’s Sergeants Association, through November 1, 2020; approve the Addendum of Memorandum of Understanding, which extends the term of the Memorandum of Understanding for Representation Unit 38 - Sheriff’s Captains, represented by the Fresno County Sheriff’s Captain Association, through November 1, 2020 APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Internal Services 44.Adopt Budget Resolution increasing FY 2020-21 appropriations for Internal Services Department, Fleet Services - Equipment Org 8911 in the amount of $5,506,492 for the purchase of replacement light/heavy duty vehicles and equipment for various departments (4/5 vote) APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Resolution No. 20-245 Library 45.Approve and authorize the Chairman to ratify the County Librarian’s previous execution of a retroactive agreement and acceptance of grant funds from California Humanities, effective April 1, 2020 through December 31, 2020 ($5,000); authorize the County Librarian, or his designee, to sign expenditure forms and activity reports for this agreement; and adopt Budget Resolution increasing FY 2020-21 appropriations and estimated revenues in the Library Grants Org 7517 in the amount of $5,000 (4/5 vote) APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Agreement No. 20-257, Resolution No. 20-246 Page 12County of Fresno Printed on 8/4/2020 County of Fresno 20-ESGCV1-00025 24 of 36 July 7, 2020Board of Supervisors Action Summary - Final Probation 46.Approve and authorize the Chairman to execute First Amendment to Victim Witness Assistance Program Grant Agreement No. A-19-523 with the State of California, Governor’s Office of Emergency Services (Cal OES), effective upon execution with no change in term to September 30, 2020 and decreasing the maximum by $96,866 to a total of $1,562,493 APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Agreement No. 19-523-1 Public Health 47.Approve and authorize the Chairman to execute a retroactive revenue Agreement with Pistoresi Ambulance Service, for dispatch services through the Fresno County Emergency Medical Services Communications Center, effective July 1, 2020, through June 30, 2023 ($921,654); Approve and authorize the Chairman to execute a retroactive Agreement with KWPH Enterprises, d.b.a. American Ambulance, for dispatch of Pistoresi Ambulance Services through the Fresno County Emergency Medical Services Communications Center, effective July 1, 2020, through June 30, 2023 ($804,852); Approve and authorize the Chairman to execute a retroactive revenue Agreement with Sierra Ambulance Service, for dispatch services through the Fresno County Emergency Medical Services Communications Center, effective July 1, 2020, through June 30, 2023 ($297,540); Approve and authorize the Chairman to execute a retroactive Agreement with KWPH Enterprises, d.b.a. American Ambulance, for dispatch of Sierra Ambulance Services through the Fresno County Emergency Medical Services Communications Center, effective July 1, 2020, through June 30, 2023 ($257,085) APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Agreement No. 20-258, Agreement No. 20-259, Agreement No. 20-260, Agreement No. 20-261 48.Approve and authorize the Chairman to execute retroactive Participation Agreement ($800,000) and retroactive Administrative Cost Agreement ($23,431), both effective July 1, 2020 with California Department of Health Care Services to allow for participation and reimbursement for administration of the Medi-Cal County Inmate Program APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Agreement No. 20-262, Agreement No. 20-263 Page 13County of Fresno Printed on 8/4/2020 County of Fresno 20-ESGCV1-00025 25 of 36 July 7, 2020Board of Supervisors Action Summary - Final 49.Approve and authorize the Chairman to execute a retroactive revenue Agreement with the City of Selma, for dispatch services for the City of Selma Fire Department through the Fresno County Emergency Medical Services Communications Center, effective July 1, 2020, through June 30, 2023 ($49,264); Approve and authorize the Chairman to execute a retroactive Agreement with K.W.P.H. Enterprises, d.b.a. American Ambulance, for City of Selma Fire Department dispatch services through the Fresno County Emergency Medical Services Communications Center, effective July 1, 2020, through June 30, 2023 ($39,750) APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Agreement No. 20-264, Agreement No. 20-265 50.Approve and authorize the Chairman to execute a retroactive revenue Agreement with the City of Sanger, for dispatch services for the City of Sanger Fire Department through the Fresno County Emergency Medical Services Communications Center, effective July 1, 2020, through June 30, 2023 ($45,122); approve and authorize the Chairman to execute a retroactive Agreement with K.W.P.H. Enterprises, d.b.a. American Ambulance, for City of Sanger Fire Department dispatch services through the Fresno County Emergency Medical Services Communications Center, effective July 1, 2020, through June 30, 2023 ($38,469) APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Agreement No. 20-266, Agreement No. 20-267 51.Approve and authorize the Chairman to execute a retroactive revenue Agreement with the City of Kingsburg, for dispatch services for the City of Kingsburg Fire Department through the Fresno County Emergency Medical Services Communications Center, effective July 1, 2020, through June 30, 2023 ($25,864); Approve and authorize the Chairman to execute a retroactive Agreement with K.W.P.H. Enterprises, d.b.a. American Ambulance, for City of Kingsburg Fire Department dispatch services through the Fresno County Emergency Medical Services Communications Center, effective July 1, 2020, through June 30, 2023 ($22,573) APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Agreement No. 20-268, Agreement No. 20-269 Public Works and Planning 52.Adopt plans and specifications and award Contract 19-13-C, Fresno County Recorder’s Office Offsite Parking Lot Improvements to the low bidder, AJ Excavation, Inc., 9662 W Kearney Blvd., Fresno, CA 93706 in the amount of $634,024 APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Page 14County of Fresno Printed on 8/4/2020 County of Fresno 20-ESGCV1-00025 26 of 36 July 7, 2020Board of Supervisors Action Summary - Final 53.Adopt Budget Resolution increasing FY 2020-21 appropriations and estimated revenues for Public Works and Planning Org 43600200 in the amount of $315,000 (4/5 vote); approve and authorize the Clerk of the Board to execute Budget Transfer No. 23 for the Department of Public Works and Planning Org 8867 for the use of professional archival service to restore and preserve historical documents ($315,000); and, approve and authorize the Chairman to execute an Agreement with Kofile Technologies, Inc for document preservation and imaging for historical records, effective upon execution, not to exceed three consecutive years, total not to exceed $315,000 APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Resolution No. 20-247, Agreement No. 20-270 54.Adopt plans and specifications and award Contract 19-09-C, Fresno Canal on McKinley Avenue Bridge Replacement Project, Federal Project No. BRLS-5942(225) to the low bidder, Agee Construction Corporation, PO Box 629, Clovis, CA 93613, in the amount of $1,489,728 APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - 55.Approve an increase in Community Development Block Grant (CDBG) funds provided for the El Porvenir and the Cantua Creek Wastewater Treatment Plant Improvements, Community Development Block Grant Projects Nos. 18291 and 18091, increasing the maximum funds provided for these projects by $400,000 to a total of $900,000; and make a determination in accordance with Administrative Policy No. 34 that “unusual or extraordinary circumstances” exist that allow sole source procurement of filtration and control equipment based on the Board’s express finding that specification by brand or trade name of the aeration system for use in County Service Area 30 & 32 is consistent with the provisions of Public Contract Code Section 3400(c)(2) and 3400(c)(3); and authorize staff’s incorporation of this sole sourced system and its components in the project design and construction; and Adopt Plans and Specifications for Contract 19-18-CD (Re-Bid), Wastewater Treatment Improvements at the El Porvenir and Cantua Creek Facilities, and award to the low bidder, Dawson-Mauldin Construction, 1071 E. Nebraska Avenue, Selma, CA, including the base bid and all the additive bids, in the total amount of $640,648 APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Page 15County of Fresno Printed on 8/4/2020 County of Fresno 20-ESGCV1-00025 27 of 36 July 7, 2020Board of Supervisors Action Summary - Final 56.Approve and authorize Chairman to execute a Facilities Encroachment Agreement which includes a five-year Temporary Construction Permit with James Irrigation District in order to construct the James Bypass Bridges Replacement Project effective upon execution with no specific termination date ($1,500); and, approve and authorize Chairman to execute a Floodway Encroachment Agreement which includes a five-year Temporary Construction Permit with Reclamation District 1606 in order to construct the James Bypass Bridges Replacement Project effective upon execution with no specific termination date ($10,250) APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Agreement No. 20-271, Agreement No. 20-272 57.Adopt a Resolution of Intention initiating a hearing under Chapter 3, Part 3, Division 9 of the Streets and Highways Code (collectively, the “Vacation Laws"), setting 9:00 a.m. on August 4, 2020, in the Board of Supervisors’ chambers, as the time, date, and place for the Board to conduct a hearing for the proposed vacation of the South Barton Square (aka Calwa Alley) public road right-of-way, i.e., the east portion of South Barton Square (aka Calwa Alley) lying to the East of the intersection of South Barton Square and East Barton Square approximately 4,038 square feet (Vacation Application No. V19-06), directing the Clerk of the Board to cause the posting, publishing, and mailing of notice(s), as required by the Vacation Laws, and directing the Department of Public Works and Planning to post notices on site as required by the Vacation Laws APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Resolution No. 20-248 Social Services 58.Adopt Resolution authorizing the County of Fresno, through the Department of Social Services, to serve as the Administrative Entity on behalf of the Fresno Madera Continuum of Care for Coronavirus Aid, Relief, and Economic Security Act Allocation of Emergency Solutions Grant funding administered by the California Department of Housing and Community Development APPROVED AS RECOMMENDED Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 - Resolution No. 20-249 Page 16County of Fresno Printed on 8/4/2020 County of Fresno 20-ESGCV1-00025 28 of 36 July 7, 2020Board of Supervisors Action Summary - Final 59.Approve and authorize the Chairman to execute the Opt-In Letter to the California Complete Count - Census 2020 Office for an additional allocation of $100,000 for county outreach activities to promote participation in the 2020 Census; and, approve and authorize the Chairman to execute Amendment No. 2 to the Census 2020 Standard Agreement No. 19-111 with California Complete Count - Census 2020 Office for county outreach activities to promote participation in the 2020 Census, effective upon execution through December 31, 2020 ($1,345,793) Page 17County of Fresno Printed on 8/4/2020 County of Fresno 20-ESGCV1-00025 29 of 36 County of Fresno 20-ESGCV1-0002530 of 36 County of Fresno 20-ESGCV1-0002531 of 36 Profile: witrac@fresnocountyca.gov Applicant Information Linked Applicant witrac@fresnocountyca.gov First Name Cynthia Last Name Cardenas Email witrac@fresnocountyca.gov Title Staff Analyst Company County of Fresno Company Website https://www.co.fresno.ca.us/ City Fresno State California Organization Name County of Fresno Federal Employer Identification Number (FEIN) 946000512 Data Universal Numbering System (DUNS) 106634103 Authorized Representative Business/Finance Representative Organization Address Address PO Box 24055 Address 2 City Fresno State California County Fresno CoC Service Area CA-514 Fresno/Madera County County of Fresno 20-ESGCV1-00025 32 of 36 Zip 93779 Phone 559-600-0000 Fax Phone Extension County of Fresno 20-ESGCV1-00025 33 of 36 Budget: 19408051 Application FMCoC ESG-CV 2020 Application Please use the following link to view the application budget. This link will open in a new window. https://portal.ecivis.com/#/peerBudget/AF269DC4-73BB-4438-82B8-6AEED2979549 Budget Status Not Approved County of Fresno 20-ESGCV1-00025 34 of 36 Passthrough Agency:Report Date:08/14/2020 Program:Requested By:Cynthia Cardenas Stage:witrac@fresnocountyca.gov Budget Items Category Title Description Units Unit Cost Extended Cost Direct Cost Indirect Cost GL Account Cost Share Type Emergency Shelter Essential Services, Shelter Operations 0 $0.00 $0.00 $552,181.82 $55,218.18 $0.00 Direct Cost 0 $0.00 $0.00 $552,181.82 $55,218.18 $0.00 Street Outreach Essential Services 0 $0.00 $0.00 $45,454.55 $4,545.46 $0.00 Direct Cost 0 $0.00 $0.00 $45,454.55 $4,545.46 $0.00 Homelessness Prevention Housing Relocation & Stabilization Services- Financial Assistance, Short-and Medium Term Rental Assistance 0 $0.00 $0.00 $25,090.91 $2,509.09 $0.00 Direct Cost 0 $0.00 $0.00 $25,090.91 $2,509.09 $0.00 Rapid Re-Housing Housing Relocation & Stabilization Services- Financial Assistance, Short-and Medium Term Rental Assistance 0 $0.00 $0.00 $227,272.73 $22,727.27 $0.00 Direct Cost 0 $0.00 $0.00 $227,272.73 $22,727.27 $0.00 HMIS Staffing, Hardware, Equipment & Software Costs, Training and Overhead 0 $0.00 $0.00 $18,181.81 $1,818.18 $0.00 Direct Cost 0 $0.00 $0.00 $18,181.81 $1,818.18 $0.00 Local Grant Administration General Management/Oversight/ Coordination, Training on ESG Requirements, Consolidation Plan, Environmental Review 0 $0.00 $0.00 $53,100.00 $0.00 $0.00 Direct Cost 0 $0.00 $0.00 $53,100.00 $0.00 $0.00 Budget Report, Created by Cynthia Cardenas, witrac@fresnocountyca.gov, 08/14/2020 Local Grant Administration Local Grant Administration Total Homelessness Prevention Total Rapid Re-Housing Rapid Re-Housing Total HMIS HMIS Total Emergency Shelter Emergency Shelter Total Street Outreach Street Outreach Total Homelessness Prevention Budget Report California Department of Housing and Community Development 2020 ESG-CV Pre-Award County of Fresno 20-ESGCV1-00025 35 of 36 Source: eCivis™ Portal http://www.ecivis.com/ County of Fresno 20-ESGCV1-00025 36 of 36 Fund 0001 Subclass 10000 Org 56107093 Account 4375