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HomeMy WebLinkAboutAspiranet - Homeless Preventionray . V FRESH REPORT TO THE CITY COUNCIL AGENOAITEMNO. 9:30ann"2A COUNCIL MEETING 9-24-09 PBy M a�� September 24, 2009 clry uex< JOHN DUGAN, Director Planning and Development Department CLAUDIA CAZARES, Manage2^.r?&&AG � Housing and Community Development Division GREGORY BARFIELD, Homeless Policy and Prevention Manager RECOMMEND APPROVAL OF FUNDING AWARDS AND SELECTION OF SUBGRANTEES FOR THE CITY OF FRESNO'S HOMELESS PREVENTION AND RAPID RE -HOUSING PROGRAM AS FUNDED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT: ADOPT THE AMENDMENT TO THE FY 2008-2W9 ANNUAL ACTION PLAN TO INCLUDE THE AWARDS; AND AUTHORIZE CITY MANAGER TO SIGN ALL REQUIRED IMPLEMENTING, AND CONTRACTUAL DOCUMENTS AS APPROVED TO FORM BY THE CITY ATTORNEY RECOMMENDATIONS Stag recommends that the City Council approve: 1) the funding awards and the selection of subgrantees, to provide services as funded by the Homeless Prevention and Rapid Re,Housing Program (HPRP) grant awarded by Me U.S. Department of Housing and Urban Development (HUD) to the City of Fresno under the 2009 American Recovery and Reinvestment Act (ARRA), as bllows: $118,918 to Central Caldomia Legal Services: $278,318 to AspiraNat; $304,000 to Ma0ame Mason Contac $398,385 to WestCare; $400,000 to Fresno County EDO; $258,301 to Angels of Grace Foster Family Agency: $1,050,000 to Bre Housing Authority of the City of Fresno- Rapid Re -Housing; and $250,000 to the Housing Authority of the City of Fresno. HMIS, 2) Adopt the amendment to the FY 2008-2009 Annual Action Plan to include the awards as speed above; 3) Authorize City Manager to sign all required Implementing, and contactual documents as approved to form by the City Attorney. rnsemn b W res 24 N19 riri� REPORT TO THE CITY COUNCIL Approval and Award of HPRP Sub -Grantees September 24, 2009 o l aN91193901,h'.1A31 In March 2009 Me City was awarded a direct formula allocation of $3,130,746 In HPRP funds based on our annual receipt of MCKinney-Vento funds through Me Emergency Shaker Grant (ESG) Program. The County of Fresno also received a direct allocation of HPRP funds. Since Mat time, the City has been working In partnership with the County to administer a collaborative program for the expend tore of these funds. A joint City/County Request for Proposals (RFP) was Issued on July 15, 2009. The agendas selectetl for funding are Central California Legal Services, AspireNet, Marjaree Mason Center, WestCare for the San Joaquin Valley Veterans project, Fresno County EOG Sanctuary, Angels of Grace Foster Family Agency, Housing Authority of Me City of Fresno for Rapid Re -Housing, and 0ar Housing Authority of the City of Fresno for administration of the Homeless Management Information Systems MMIS). Services will be provided over a three year term, and the agencies will provide assistance related to housing of parsons at risk of becoming homeless and persons that are cuff only homeless, as well as provide housing relocation and stabilumdon services such as case management and credit repair. The remaining $72,827 wtil utilized by City shelf to provide program administration over the three year pained. In response to the national economic crisis, President Demme add Congress passed the American Recovery 8 Revitalization Act (ARRA) that allocated approximately $750 Wind to fund tlilferenl programs and projects aimed al stimulating Me economy. Included in the ARRA a $1.5 billion In funding Met will be used to provide affordable housing, services, and jobs far the nation's most vulnerable persona. Through Me American Recovery and Reinvestment Act of 2009 (ARRA) the City of Fresno was awarded over $3.13 million of funding under the Homeless Prevention and Rapid Re -Housing Program (HPRP). The County of Fresno received $1.834,830. HPRP is Interded to provide homeless Prevention services to households threatened to become homeless, and to rapidly re -house persons who are homeless. In order to recarve the federal funding, jurisdictions were required to submit an application to HUD in May 2009, and amend Meir Annual Action Plan to Include Me administration of HPRP funding. The City Council approved both on May 14, 2009. As pad of Council action, staff requested authorization to collaborate with Me County of Fresno In issuing a Joint Request for Proposals (RFP), and partner cath the County to administer a regional approach add provide seamless programming and services under HPRP. The Joint RFP was issued on July 15. 2009, with applications due on August 10, 2009. Each eligible application was reviewed by a team of City and County members, with assistance from the Fresno-Madere Continuum of Care. The recommended agencies, programs, and award amounts, for your approval are as follows: 1. Central Galifomia Legal Services -$118,915, to provide legal assistance related to housing needs 2. AspireNet - $278,318, to provide housing and stabilization services to young adults aging out of foster care 3. Magaree Mason Center- $304,000 to provide housing and stabilization services to victims of domestic violence 4. WestCare - $398,385, to provide housing and stabilization services to San Joaquin Valley veterans 5. Fresno County EOC - $40OOW, to provide housing and stabilization services to individuals and families TO THE CITY COUNCIL and Award of HPRP Sub -Grantees a24.2009 Page 3 6. Angels of Grace Foster Family Agency - $258,301 to provide housing and stabilization services to young women aging out of foster care T. City of Fresno Housing Authority- $1,05,000, to provide housing and stabilization services to penson$ who aro currently homeless throughout the City 8. City of Fresno Housing Authority -$250,00, to Provide administration of HMIS A total of $72,627 will be utilized by City stag to provide program administration over the three year period. A list of the City awards, and the corresponding County awards for these agencies, afound in Exhibit A. In addition. the County will also be funding two County Departments for provision of services. The implementation and administration of HPRP activities is set to commence on October 1, 2009 with fully executed contracts required to be In place by September 30, 2009. Each contract will be for a term of one year, with two year renewals contingent on sub -grantee performance. Programa to be funded through HPRP needs: 1) shit and medium term financial assistance, up to 3 malls, and 18 months, respectively, 2) Wilily payments, 3) moving casts, and 4) hotelhnotel vouchers, for up W 30 days, if no appropriate shelter beds and rental housing can be Identified. In support of parsons in need of housing relocation and stabiastion services, the City of Fresno will require subgrarmes to provide intense wrap around services through effective case management. Case Management services will Include' direct outreach, housing and placement assistance; legal seeress all Intervention, credit repair and protective payee services, or linkages to mainstream supportive services. COIlab(Drative efforts will continue with the FMCcC and the County of Fresno to ensure HPRP funds are maximized using all resources including mainstream funding and services available to provide a seamless service delivery system. As applicants and beneficiaries of HUD SuperNofa funding for Shaker, Shatter Plus Care, and Supportive Housing Grants, the FMCOC can ad as the conduit to identity existing homeless services and grants received by partners of the group. Identification of the aforementioned Information will allow gre City to deeply gaps and overlapping services to better disburse funding and impact the creation of long lasdrg housing stability for homeless persons and those at risk of becoming homeless. Additionally, kcal and county collaboration is essential, as the County has established mental health and other essential services, while the target population resides mainly within the City limits. Collaboration will allow both govemmental eniNes to address increased homelessness that can arise because of Ne existing economic climate and is a key goal of the City of Fresno and County of Fresno's 10 Year Plan to End Chronic Homelessness. Me Housing and Community Development Division will maintain direct program oversight for HPRP. The City's Homeless Policy and Prevention Manager will oversee the day-to-day management of subgrantzpw Mr Housing and Community Development Division will work with the Budget and Management Studies Division (BMSD) staff, which has responsibility for other HUD entitlement programs and federal reporting 'equlrements. =18CAL IMPACT ends for these awards are available in the Planning and Development Department's FY 2009-2010 Adopted 3udi Exhibit A: List of Sub -Grantees and recommended funding levels for the City of Fresno and the County of Fresno ExHISITA HPRP FUNDING AMOUNTS AND AGENCIES CITY OF FRESNO AND COUNTY OF FRESNO c CI Coo JOTAL l CalJomia Le ISenlces $118915 $29]29 5140,604 Nat $2]0310 588,99 $34]08] ee Mason Center $304 000 $96 m $4W OOp are Ca0fuml Vehlans 5388305 $398385 EOC Sanclua W $100000 $400 WO of Grere Foster Famil A e $250301 $141133 $399634 AIMo4 C' of Fresno 51,wS $1050000Housin Aomori Ci ICoun $2W OW $150000 sm, fW Bre P5 slwll Hondi e$ 5231,581 Aut6o00es Fresno Coun Wa 0Fresno Coun 150000 5150.000 TDTAI $$05/,919 $1086030 $4152548 p+v n,.nrl,.i c. 5J,,. AGREEMENT 2 THIS AGREEMENT is made and entered into this 25 day of September 2009 ('Effective Bate") 8 by and between the CITY OF FRESNO, a municipal corporation of the State of California, 4 (hereinafter refened to as "CITV'j, and ASPIRANET a California Private Non-Profd Organization, 5 (hereinafter relented to as 'SUBGRANTEE). 6 WITNESSETH 7 WHEREAS, the CITYand the CITY'a of Fresno's Planning and Development Department have 8 been designated as the sponsoring agency to adminlster and implement the Homeless Prevention 9 and Rapid Re -Housing Program (HPRP) activities of CITY, in accordance with the provisions of Title 10 XII of the Federal American Recovery and Reinvestment Act of 2009 and the laws of the State of 11 California: and 12 WHEREAS, me United States Congress has designated $1.5 billion for communities to provide 13 financial assistance and services to either prevent individuals and families from becoming homeless. 14 and m help those who are experiencing homelessness to be gulaily re -housed and stabilized; and 15 WHEREAS, CITY submitted a substantial amendment on May 18, 2009 to Is Fiscal Year 16 2008-2009 Annual Action Plan to Include appropriation of HPRP funding: and 17 WHEREAS, SUB GRANTEE has submitted a program plan that will provide homeless 18 prevention and/or rapid re -housing services consistent with the intent and purpose of said provisions 19 of Title XII of Me Federal American Recovery and Reinvestment Act of 2009, and SUB-GRANTEE's 20 program plan has bean approved by CITY. 21 NOW THEREFORE, in consideration of their mutual coverams and conditions, the ranges 22 hereto agree as fellows; D 1. SERVICES 24 A. SUB -GRANTEE shall perform all services and fufill all responsibilities as set 25 forth in its program plan, attached harem as Exhibit A. inomporated herein by reference and made part 26 of this Agreement. 27 B. SUBGRANTEEshall also perform all serhoes and fulfill all responsibilities as 28 identified In Joint City of Fresno / County of Fresno's Raguest for Proposal (RFP) No. 9624728 dated I. OTY OF FNESIJD Fmm. G 21 10 11 12 13 iF:l July 15, 2009 and Addendum No. One (1) dated July 29, 2009 and Addendum No. Two (2) dated July 31, 2009, (herainafler collectively referred to as "JOINT CITY I COUNTY Revised RFP") and SUB- GRANTEE's response b said JOINT CITY (COUNTY Revised RFP, dated August 10, 2009, all incorporated herein by reference and made part of this Agreement. In the event of any inconsistency among these documents, the inconsistency shall be resobed by giving precedence in the following order of priority: 1) to this Agreement, including all Exhibits, 2) to the JOINT CITY! COUNTY Revised RFP, 3) to he SUB -GRANTEE'S Response to the Revised RFP. A copy of JOINT CITY I COUNTY'S Revised RFP, and SUB,GRANTEE's response to the JOINT CITY/COUNTY Revised RFP shall be remained and made available during the term of this Agreement by CITY. C. SUB -GRANTEE shall pedorm all services following the HUGE Notice of Allocations, Application Procedures and Requirements for Homelessness Prevention am Rapid Re- Houaing Program Grantees under the Federal American Recovery and Reinvestment Act of 2009 as released on March 19, 2009 (Docket No. FR-530AN-02) and the Carr acted and Cau ficatlons Notice of June. 8, 2009 (Docket No. FR -5307-N-02 ) 2. TERM This Agreement shall become effective on the Effective Date and shall terminate on the 291h day of September 2010. This Agreement shall be automatically extended for two (2) additional twelve (12) month periods upon the same terms and conditions herein set fish, unless written notice of non- renewal is given by SUB -GRANTEE, CITY or City Manager or designee, not later than slaty (80) days prior to the close of the current Agreement ponos. 3. TERMINATION A. NonAllocationof Ford! — The terms of Mis Agreement, and the services to be provided thereunder, is contingent on the approval of funds by he appropriating government agency. Should sufficient funds not be allocateq the services provided may be moddied, or this Agreement terminated at any from by CITY by giving SUB -GRANTEE thirty (30) days advance written notice. B. Breach of Contract — CITY, may immediately suspend or terminate this Agreement in whole or in part where In the determination of the CITY Mere Is: 1) an illegal or Improper use of funtls; - anoFFxFsw Fmw, U 1 2) a failure to comply with any term of this Agreement: 2 3) a substanally incorrect or incomplete report submitted to CITY or 3 4) improperly performed service. 4 in no event shall any payment by CITY consgtute a waiver by CITY of any breach of this 5 Agreement or any default, which may then exist on the part of SUB -GRANTEE. Neither shall such 6 payment impair or prejudice any remedy available to CITY with impact to breach or defaull. CITY 7 shall have the right to demand of SUB -GRANTEE the repayment to the CITY of any funds disbursed 8 to SUB -GRANTEE under this Agreement, which In the judgment of CITY were not expended In 9 accordance with the terms of this. Agreement. SUB -GRANTEE shall promptly refund any such funds 10 upon demand or, at CITY's pence:: such repayment shall be deducted from future payments owing to tl SUB -GRANTEE under this Agreement. 12 C. Without Cause — Under circumstances other than those set forth above, this 13 Agreement may be terminated by CITY or SUB -GRANTEE upon the glWng of thin (30) days 14 advance written notice of an intention to terminate. 15 4. COMPENSATION I INVOICING 16 A. CITY agrees to pay SUB -GRANTEE and SUB -GRANTEE agrees to recelve 17 compensation based on actual expenditures incurred by SUB -GRANTEE in accordance wilt the 18 budget identified In Exhibit B, attached hereto and by this reference incorporated herein. It is 19 understood that all expenses inciderrel to SUB -GRANTEE'S performance of services under We 20 Agreement shall be home by SUB GRANTEE. If SUB -GRANTEE should fall to comply with any 21 prevision of tris Agreement. CITY shall be relieved of its obligation for offer compensation. n Payments shall be made by CITY to SUB -GRANTEE in shows for services provided during 23 me preceding month Such payment by CITY shall be made within Why days (30) days after the 24 date at receipt by CITY of a correctly completed invoice In acceptance wilt the provisions of this 25 paragraph, and shall be for actual expenditures Incurred by SUBGRANTEEIn accordance wit 26 Exhlbit B. Payments shall be made after receipt and verification of actual expenditures incurred by 27 SUB -GRANTEE In the performance of this Agreement and shall be documented to CITY an a 28 monthly basis by the tenth (10th) day of the month following the month of said expenditures in an -l. aTvoF Nmsw e�,u 18 19 20 21 22 23 24 25 26 2] 28 invoice. The invoice shall be in a form and in even detall as acceptable to CITY. SUB -GRANTEE shall submit Invoices to Claude Cazares, City of Fresno Housing Manager, at Claudia.Ca ares(Ofresrwao B. Changes to line items in the budget set forth in Exhibit B, aftached hereto may be made with the prior written approval of CITY. Said budget line Item changes shall not result In any change to the maximum compensation amount payable to SUB -GRANTEE, as stated herein. C. Any compensation not consumed by expenditures of SUBGRANTEE by the expiration or termination date of this Agreement shall be immediately repaid to CRY. D. CITY shall not he obligated to make any payments under this Agreement If the request for payment is received by CITY more than sixty (60) days after the date of termination of this Agreement or the date of expiration of this Agreement, whichever occurs first. E, CITY's failure to inform SUB -GRANTEE of any reporting requirements shall not relieve SUB -GRANTEE of compliance with any HPRP reporting requirements. F, The following "Required Expenditure and Program Progress Threshold crhetla have been established to guide the SUB -GRANTEE in structuring and scheduling their expenditure of funds and program progress to determine performance beginning September 30, 2009 and each September thereafter. Milestone Dates I Openers Minimum Required Threshold October, November, December 20% of Contracted Amount l Program Goals le quarter January, Febreary, March 50% of Central Amount I Program Goals 2m quarter. Apm. May, June 80% of Contracted Amount I Program Goals 3' quarter July, August, September 100% of Contracted Amount) Program Goals 4° quarter 5. INDEPENDENT CONTRACTOR In performance of Pre work, duces, and obligations assumed by SUB -GRANTEE under this -4, anOF FPEsrWJ Frtem.G 24 25 26 22 28 Agreement, it is mutually understood and agreed that SUB -GRANTEE, including any and all of SUE- GRANTEE's officers , agents, and employees, will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, served, employee, joint venturer, partner, or associate of CITY. Furthermore, CITY shall have no right to control, supervise or direct the manner or method by which SUB -GRANTEE shall perform is work and function. However, CITY shall retain me right to administer his Agreement so as to verify that SUB -GRANTEE is performing hs obligations in accordance with the terms and conditions hereof. SUB -GRANTEE and CITY shall complywith all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters which are directly or indirectly the subject of Nis Agreement. Because of Its status as an Independent contractop SUB -GRANTEE shall have absolutely no right to employment rights and benefds available to CITY employees. SUB -GRANTEE shall be solely liable and responsible for providing to, or on behalf of, its employees all legally -required employee benefits. In addition, SUB -GRANTEE shall be solely responsible and hold CITY handless from all maters relating to payment of SUB-GRANTEE's employees, including compliance with Social Security, withholding, and all other regulations governing such maters. it is acknowledged Nat during the term of this Agreement, SUB -GRANTEE may be providing services to omens unrelated to CITY or to Nis Agreement. 6. MODIFICATION This Agreement may be modified from time to time by me when consent of all the parties. Notwithstanding the foregoing, where itis determined by CITY that there Is a need to make any changes in the project fiscal procedures and systems, or the terms and condtiions of this Agreement, refusal by SUB -GRANTEE to accept the change Is grounds for termination of this Agreement. Any such change shall be incorporated by written amendments to this Agreement and shall be approved by me Fresno City Council. T. NON -ASSIGNMENT Neither party shall assign or transfer this Agreement nor their rights Or duties under this Agreement without the prior written consent of the other party. 5. UIYOF FAFSN7 Asm,G 2 8. INDEMNIFICATION 3 To the furthest extent allowed by law, SUB-GRANTEE shall indemnify, hold harmless. and 4 defend CRY and each of its officers, officials, employees, agents and authorized volunteers from any 5 and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict 6 liability, including but not limited to personal injury, death at any time and property damage), and from 2 any and all claims, demands and actions in law or equity (Including reasonable a8orney's fees and 8 litigation expenses) that area out of pertain to, or relate to the negligence, recklessness of willful 9 misconduct of SUB-GRANTEE. Its principals, officers, employees, agents or authorized volunteers in 10 her performance of this Agreement. 11 If SUB-GRANTEE should subcontract all or any portion of the services m be performed under 12 this Agreement. SUB-GRANTEE shall require each subcontractor to indemnity, hold harmless and 13 defend CITY and each of Its officers, officials, employees, agents and authorized volunteers In 14 accordance with the tensa of the preceding paragraph. 15 This section shall survive termination or expiration of this Agreement. 16 B. INSURANCE 12 A. Throughout the life of this Agreement, SUBGRANTEEshall pay for and 18 maintain in full force and effect all Insurance as required In Exhibh C or as may be aulhor¢ad In 19 writing by CITYS Risk Manager or his/her designee at any time and In blamer sole discretion. 20 B. If at any time during the life of the Agreement or any extension, SUB-GRANTEE 21 or any of He subcontractors fail to maintain any required insurance in full force and effect all services 22 and work under this Agreement shall be discontinued Immediately, and all payments due or met 23 become due to. SUB-GRANTEE shall be withheld until notice Is received by CITY that the required 24 insurance has been restored to full force and effect and that the premiums therefore have been paid 25 for a period satisfactory to CITY. Any failure to maintain Ne required insurance shell be sufficient 26 cause for CRY to terminate this Agreement No action taken by CITY pursuant to this section shall in 22 any way relieve SUB-GRANTEE of its responsibilities under this Agreement. The phrase Yall to 28 maintain any required insurance' shall include, without limitation, notification received by CITY that an 6- aIYOFFPF3N0 F,umG 1 2 3 4 5 6 l 0 9 10 11 12 13 14 15 16 1] 18 19 20 21 22 23 24 25 insurer has commenced proceedings, or has had proceedings commenced against It indicating that the Insurer is insolvent. C. The fact that insurance is obtained by SUB -GRANTEE shall not be deemed to release or diminish the liability of SUB -GRANTEE, Including, without herniation, liability Under the Indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all calms and llabitity regardless of whether any Insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUB GRANTEE Approval or purchase of any Insurance contracts or policies shall In no way relieve from llablllty nor limit the liability of SUBGRANTEE, its principals, oRicers, agents, employees, persons under the supervision of SUB GRANTEE, vendors. suppliers, Invitees, consultants, sub -consultants, subcontractors, or anyone employed directly or indirectly by any of them. D. Upon request of CITY, SUB -GRANTEE shall Immediately fumish CITY with a complete copy of any insurance policy resulted under this Agreement, including all endorsements, with said copy cernfied by the underwriter to be a true and carred copy of the original policy- This requirement shall survive expiration or termination ofthis Agreement E- If SUB -GRANTEE should subcontract all or any portion of the services to be performed under this Agreement, SUB -GRANTEE shall require each subcontractor to provide Insurance protection in favor of CITY and each of Its oldi dRdals, employees, agents and authorized volunteers In accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with SUB -GRANTEE and CITY prior to the commencement of any services by the subcontractor. - 10. PUBLIC INFORMATION SUB -GRANTEE shall disclose CITY, the County of Fresno, and the U S. Department of Housing antl Urban Development (HUD) as a funding source In all public information. 11, POLITICAL RELIGIOUS AND LOBBYING ACTIVITY PROHIBITED A. None of the funds Of services provided directly or Indirectly under this Agreement shall be used for any political activity, lobbying, or propaganda purposes designed to -7- rJTYCFYRLiNO Fmo,G 16 1] 18 19 20 21 22 23 24 25 26 U a support or defeat legleation pending before any legislative body, the Congress of the United States or the Legislature of the State of California or to further the election Of defeat of any ballot measure or candidate for public office. B. None of the fundsor services provided directly or indirectly under this Agreement shall be used for any religious act Yl, including but not limited to religious worship, instruction, or proselyllation, or to purchase religious materials. C SUB -GRANTEE shall not require those individuals or entities receiving the funds or services, in whole or in part, by this Agreement to attend or take pad in any religious activities. Furthermore. SUB -GRANTEE shall take reasonable steps to insure that functions or acdvllles funded herein are separate In time or in location from functions or activities that are inherently religious, such as religious worship, instruction, or proselytlradon. 12. SUPPLEMENTAL SOURCES SUB -GRANTEE shall hot use any funds under Nis Agreement to the extent that there are any other exisfing or contemplated funds available to SU&GRANTEE to be expended for the same services covered by this Agreement SUB -GRANTEE shell provide written notification and explanation to CITY of any funds received from another source to conduct me came services covered by this Agreement within five (5) days of this receipt of such funds. Upon confirmation that SUB- GRANTEE has received funds from any other source to conduct the same services covered by this Agreement, CITY shall have the right to reduce Its payment amount accordingly. 13. COMPLIANCE WITH APPLICABLE LAWS SUB -GRANTEE shall comply with all miss and regulations established pursuant to me Homeless Prevention and Rapid Re -Housing Program under Tide XII of the Federal American Recovery and Reinvestment Act of 2009. SUB -GRANTEE Must also comply with all applicable fair housing and GNI rights requirements in 24 CFR 5.105(a). SUB -GRANTEE and any subcontractors shall comply with all applicable local, State, Federal laws, ordinances, regulations and Fresno City Municipal Code previsions applicable to the performance of services. -e- =Ck, FRESNO Pmm.CA rra MR ME 16. RECORDS, AUDITS AND INSPECTIONS A. Record Establishment and Maintenance SUB -GRANTEE shall establish and maintain records in accordance with those requirements prescribed by CITY, with respect to all matters covered by this Agreement. SU& GRANTEE shall retain all fiscal books, account records, and confidential client Flee for services performed under this Agreement for at least five (5) years from the date of the final payment under this Agreement or until all State and Federal sutlits are completed for that fiscal year, whichever is later. Pursuant to State and Federal law, It Is the intent of the parties to this Agreement that the SUB- GRANTEE shall be reimbursed for actual costs incurred In the performance of Nis Agreement not to exceed the contract maximum but that no profit Is to accrue to the SUBGRANTEE on account of such performance. B. Amvity and Progress Reports SUB -GRANTEE shall submit to CITY by the tenth (W) of each month. an acmdy report for the previous month as detente! by the CITY, but It shall Include but not limited to, a program progress narrative, Job creation I retained by these funds, program performance including the number of unduplicated persons and households served their status, type of housing services provided. financial Information regarding funds expended in the prior month: including total expenditures made to date, reporting completed through HMIS, status of HMIS data Input. SUB- GRANTEE shall also furnish to CITY such statements, receipts, reports, data, support documentation and other information as CITY may request pertaining to matters covered by this Agreement.. Said support documentation must indicate the line Item budget account number to which the cost is charged In the event that SUB -GRANTEE fails to provide such reports or other information required hereunder, it shall be deemed sufficient cause for CITY to withhold monthly payments until there Is compliance The monthly activity report shell bas in a form and in such detail as prescribed and acceptable to CITY's City Manager or designee. C, Single Audit 8 Federal Common Rule Audit Requirements 11 If SUB -GRANTEE expends Five Hundred Thousand Dollars ($500,000) or more in Federal and Federal flow-through monies, SUB -GRANTEE agrees to conduct an annual -9- 0 l OF HERX3 Finii 12 13 14 15 16 O 18 19 20 21 22 23 24 25 26 22 28 audit in accordance with the requirements of the Single Audit Standards as set forth In Office of Management and Budget (OMB) Circular A-122 and A-133. SUBGRANTEE shall submit said audit l and management letter to CITY. The audit must include a statement of findings or a statement that there were no findings. If Mere were negative findings SUB -GRANTEE must include a corrective action plan signed by an authorized individual. SUB -GRANTEE agrees to take action to coned any material non-compllance or weakness found as a result of such audit. Such audit shall be delivered to CITY, for review within three (3) months of the and of any fiscal year in which funds were expended and/or received for the program. Failure to perform the requisite audit functions as required by this Agreement may result In CITY performing the necessary audit lacks, or at CITY's option, contracting with a public accountant to perform said audit, and may result In the Inability of CITY to enter into future agreements with SUB -GRANTEE. All audit costs related to this Agreement are the sole responsibility, of SUB -GRANTEE. Audit work performed by CITY under this paragraph shall be billed to SUB -GRANTEE at CITY cost, as determined! by CITY. 2) A single audit report is not applicable H all SUBGRANTEE Federal contracts do not exceed the Five Hundred Thousand Dollars ($500,000) requirement. If a single audit is not applicable, a program audit must be performed and a program audit repc t with management letter shall be submitted by SUB -GRANTEE to CITY as a minimum requirement to adept to SUB- GRANTEE's solvency. Said audit report shall be delivered to CITY for review no later than three (3) months after the close of Ole fiscal year in which the funds supplied through this Agreement are expended. Failure to comply with this Act may result in CITY performing the necessary audit tasks or contracting with a qualified accountant to perform said autlit. All audit costs related to this Agreement are the sole responsibility of SUB -GRANTEE SUB -GRANTEE agrees to take collective action to eliminate any material noncompliance or weakness found as a result of such audit. Audit work performed by CITY under this paragraph shall be billed to SUBGRANTEE at CITY cost, as determined by CRY. 3) SUBGRANTEE shall make available. all records and accounts for inspection by CITY, the State of California. the Comptreller General of the United States, Ne Fedeml Grantor Agency, or any of their duly suthorized representatives, at all reasonable times for a period of 110. GTYOFFRESNC) Fac G 26 27 28 at least five (5) years following final payment under this Agreement or the ensure of all other pending matters, whichever is later. 15. HPRP EIIaibIIIN andReporting Reguirementre A. SUB -GRANTEE Is required to participate In the Fresno Madera Continuum of Care (FMCoC). Participation is defined as attendance at a minimum of 75% of all FMCOC Director's meetings, B. CITV's failure to inform SUB -GRANTEE that HPRP funds are providetl under this Agreement or of any reporting requirements shall not relieve SUD RANTEE of compliance wiN any HPRP eligibility and reporting requirements. SUB-GRAMEE agrees, in accordance with the requirements of the HPRP Program, that ALL beneficiaries of SUB-GRANTEE's activities provided under this Agreement must meet the following minimum criteria'. 1) Any individual or family provided with financial assistance through HPRP must have at least an initial consultation with a use manager or other authorized representative who rantletermine the appropriate type of assistance b meet their needs. 2) The household annual income must bus at or below 50% of the Annual Area Median Income (AMI) as referenced in Exhibit E. incorporated herein by reference and made part of this Agreement The AMI may change on a yearly basis and SU8-GRANTEE Is required to use the most recant version as provided by CDY. 3) The household must be either homeless or at risk of losing Its housing and meet both the following circumstances: (1) no appropriate subsequent housing options have been Identified; AND (2) the household lacks the finanrAal resources and support networks needed to obtain Immediate housing or remain in Its existing housing. C. For assistance under the Rapid Re -Housing category, persons who are homeless according the definition Provided under the Department of Housing and Urban Development (HUD), meet the minimum requirements aforementioned AND meet one of the following criteria are eligible underthe rapid re -housing portion of HPRP: 11 Sleeping in an emergency shelter, 2) Sleeping in a place not meant for human habitation, such as cars, parks. It. tlT QFMsN0 Fi I abandoned buildings, streetalsidewalks: 2 3) Slaying in a hospital or other Institution for up to 180 days but was 3 sleeping In an emergency shelter or other place not meant for human habitation immediately prior to 4 entry Into the hospital or Institution: 5 4) Graduating from, or timing out of a transitional housing program: and 6 5) "dims of domestic violence. SUBGRANTEE Is expected to meet all Other HPRP requirements Including provitl in an intake and 8 assessment of all clients. Completion of this assessment which may review risk fedors losing 9 homeless or hemming homeless and barriers to housing will assist the SUBGRANTEE in identifying 10 the appropriate level of financial assistance, if any, and the appropriate mix of supportive services. No 11 household may receive HPRP financial assistance unless they have been assessed by a case 12 manager or other authorized representative to determine Me appropriate type of assistance 13 SUB -GRANTEE will be .expected to utilize a risk assessment and targeting tool which shall be 14 designed poor to program Implementation. This lmI will be used to assess potential clients for 15 chill and to help determine the appropriate level of service. This instrument is being designed 16 with Input from both jurisdictional staff and service providers and may be motldled locally to account 12 for slazi local targeting dismiss. This tool may be adjusted during the course of the moved period 18 and SUB -GRANTEE will be expected to Implement any modifications made to the tool during the 19course of the contract within the contest of the program. 20 Providers will also be required to verify client household income, using the income verification 21 requlremeMS and practices as provided by fire CITY. 22 Once bre client household has been assessed, SUB -GRANTEE will work with the client to develop 23 an appropriate housing and income stability plan. The plan will IdentOy steps that the household will 24 take to secure or stabilize their housing search, ensure that household cents are covered with a 25 combination of income and seMcas for which the household may he eligible (such as food bene@s. 26 training andlor employment services and subsidized child dire), reduce the Impact of utlllties on the 22 household s budget, and other steps necessary to help Me housebdd achieve stable housing after 28 their padiclpation in the program concludes. 13- aT 01FFPESiW Frmm, G f 2 3 4 5 6 J For the HPRP program, assessment and housing plan development are considered case management services. SUB -GRANTEE will be responsible for autfronzing HPRP financial assistance for eligible households and issuing payment to landlords, Utility companies and possibly other third party vendors such as hotmVmotels and storage or moving companies. Based on the assessment of the household's needs, SUB -GRANTEE may authorize a number of forms of financial assistance. Financial assistance may include: Rent arras payments (up to 6 months) • Security deposit payments • Moving costs (e.g. moving company, short tans storage of up to three months) • Shod term rental assistance (up M 3 months) • Medium term rental assistance(4 to 18 months) • Utility aneam payment (up to 6 months) Utility deposits • Utility payment memories (up to l8 months) HotellMotel vouchers for up to 30 days, if no appropriate shelter beds are available and subsequent rental housing has been identified but Is not immediately available for move -in by the program panidpants. Rental assistance provided may not exceed rental costs accrued over the assistance period (I. a. shod -term rental assistance may not exceed ramal costs seemed over a period of 3 months), and rents must meet the HUD standard of rent reasonableness. Rental assistance payments may not be approved an behalf of eligible individuals or families for the same period of time and for me same cost types that are being proNded under anomer federal. state or local housing subsidy program. Mortgage assistance is specifically excluded No assistance can be provided to any program participant for mom then IS months total. SUB -GRANTEE must certl(y eligibility at least once every 3 months for all program participants receiving medium term rental assistance (4-18 months). Use other resources first: The SUB -GRANTEE will be expected to ensure that other resources are tapped prior to committing HPRP funds for financial assistance. 16. Minimum Data Collection Reou'remems A. SUB -GRANTEE Is required to called and report diens-level data in a database comparable to the local HMIS run by the Fresno Housing Authorities of the City and County of Fresrw through a MOU weh the Fresno Madera Continuum of Care (FMCoC) or a data base mat complies 1.1- ITTY OF FWdv) Fi 2 17 18 19 20 21 22 23 24 25 26 2) 28 with any special requirements which may developed by HUD for legal services or Domestic Violence prodders. Reporting in a database comparable to HMIS is a requirement of HPRP funding. The comparable database will be maintalned by the SUB -GRANTEE and used to collect data and repod on outputs and outcomes as required by HUD. SUB -GRANTEE is required to enter all client Intakes, provide regular updates and exit all clients once services are completed. At a minimum, SUB -GRANTEE must enter Ure following infoonafon in the compamble database forfederel reporting purposes' 1) Name 2) Social Securay Number 3) Date of birth 4) Race 5) Ethnicity 6) Gender T) veteran status 8) Disabling Canadian 9) Residence Poor to Program Entry 10) Zip Code of Last Permanent Address 11) Housing status 12) Program Entry Date 13) Program Edt Date _ 14) Personal ldentifaelian Number 15) Household Identification Number 16) Income and Sources 17) Non -Cash Beni 18) Destruction (where client will stay upon exit) 19) Financial Services Provided 20) Housing Relocation 8 Stabilleralron Services Provided N- QT)(OF FRESNO F,im,G WA 3 4 5 6 8 9 l0 I1 12 fit 14 t5 16 V 18 19 20 21 n v 24 25 26 2J 28 shall provide full reporting requirements as required by HUD under separate documentation for IF SUB -GRANTEE Is a legal services or domestic vlolencs provider and requires client -level information to remain confderia 1, and they will establish a comparable cllent-level database Intensity to Its organization (e.g. no Identifying data shared with the HMIS or the CITY and will pence only aggregate data to the CITY as required. SUSGRANTEE'S will wend with the HMIS administering agency, as an agent of Me FMCOC, to determine that the alternative database meets the standards for a comparable client -level database, including compliance with the HMIS Data and Technical Standards which are acceptable to HUD and Me CITY. B. All data elements specified above must be recorded about each HPRP program in the HMIS and the fields needed to conectly generate the HPRP performance reports are required to be collected in me comparable database. 17. confidentiality All services performed by SUBGRANTEE under this Agreement shall be In shot conformance with all applicable Federal, Stale of California and/or deal laws and regulations relating to confidentiality, Including but not limited to, California Welfare and Institutions Code section 10850, California Business and Professions Code Section 5068 and California Attorney Rales of Professional Conduct 3-100. SUB -GRANTEE will ensure the confidentially of all records pertaining to any Individual provided assistance and that Me address of location of any assisted housing will not be made public, except to the extend that the prohibition contradicts a preexisting privacy, policy of the CITY. 18. Documentation A, Service Documentation SUB -GRANTEE agrees to maintain records to verify services under MIs Agreement including names and addresses of clients served Me date of service, and a description of services provided on each ocrasdn in accordance wIM paragraph 15(b) of this Agreement. These records and any other SUB -GRANTEE document pertaining in whole or part to this Agreement, shall be dearly identified and readily accessible to CITY or any other State or Federal agency performing a .rs. Frattce Fmogi 12 FFM 14 15 16 1] 18 19 20 21 U 2J 24 M 26 V 28 lawful audit or inspection of SUBGRANTEE'a ands Its services. In all other respects such records shall be held by SUB -GRANTEE in conformance with all applicable Federal. State of California and/or local laws and regulations relating to confidentiality. B. Cost Documentation 11 SUB -GRANTEE shall establish accounting and bookkeeping procedures, in accordance with standard accounting and bookkeeping peoticos, including but not limited to, employee time cards, payrolls, invoices vouchers, orders, and other records of all transactions to be paid with HPRP funds In accordance with the performance of this Agreement. 2) SUBGRANTEE shall cooperate fully with CITY, State and Faderal agencies, which shall have the right to monitor and audit all workperformed under this Agreement. 3) CITY shall notify SUB -GRANTEE in writing within INr y (30) days of any potential State or Federal exception discovered during an examination. Wham findings indicate that prognam requirements are not being mel and State and Federal participation In Nis program may be implanted, failure to make the corrections by SUB -GRANTEE within thirty (30) days of wrihen notihcation by CITY that corrections are needed, will justify termination of said Agreement in accordance with Paragraph 3.B of this Agreement. 4) SUBGRANTEEshall also agree to on-site monitoring and pemonal Interviews of any program participants, or any of SUB-GRANTEE's staff and employees, by appropriate CITY staff on at least a quarterly bash. 191 EQUIPMENT A. All items purchased with funds provided under this Agreement Cr which are furnished to SUB -GRANTEE which have a single unit cost in excess of Five Thousand Dollars ($5,000.00) including sales her and have a useful life of more than one (1) year shell be considered capital equipment Tile to all Items of capital equipment purchased shall vest and will remain vested In the City of Fresno SUB -GRANTEE further agrees to the following 11 To maintain all items of capital equipment in good working order and condition, normal wear and tear excepted; and m- arcofressw fre,00.G 6 7 8 9 10 11 12 13 2) To label all Items of capital equipment, perform periodic inventories as required by CITY and to maintain an inventory list showing where and how the capital equipment is Wing used, in accordance with procedures developed by CITY. All such lists shall be submitted to CITY within tan (10) days of any request therefore', and 3) To report in writing to CITY immediately after discovery, the loss or (beti of any items of capital equipment. For stolen Items, to local law enforcement agency must be contacted and a copy of the police repel submitted to CITY, B. The purchase of any capital equipment by SUBGRANTEE shall require the prior written approval of CITY, and must be appropriate and directly related to SUB-GRANTEE's service or activity under the terns of the Agreement No capital equipment shall be purchased during the fourth (0) or last quarter of each term of this Agreement. CITY may refuse reimbursement for any costs resulting from capital equipment purchased, which are incurred by SUB -GRANTEE, ff prior written approval has not been obtained from CITY. 10. SUBCONTRACTS If SUB -GRANTEE should propose to subcontract with one (t) or more tiM parties 10 carry out a person of those services described In paragraph one (1) of this Agreement insofar as it deems proper or effluent any such subcontract shall be In writing and approved as to hone and content by CITY prior to execution and implementation. Any such subcontract, together wit all other activities performed. or caused by SUB -GRANTEE, shall not allow compensation greater than the total project budget contained In Exhibit B, attached hereto, fpr the services deserlbed handle. An executed copy of any such subcontract shall be received by CITY before any implementation and shall be retained by CITY. SUB -GRANTEE shall be responsible to CITY for the proper performance of any subcontract Any subcontractor shall be subject to all of the same terms and conditions tat SUB. GRANTEE is subject to under this Agreement. No owner, partner, officer, or director of SUB- GRANTEE shall have any direct monetary Interest In any subcontract made by SUB GRANTEE. A direct monetary interest contrary to this Paragraph shall be deemed to exist. N an owner, partner, officer, w director of SUB -GRANTEE also an owner, officer, or director of a corporation, association, 17' OIYOE FR&SCp EmcgG IFA IFl PTI Fit or partnership subcontracting with SUB -GRANTEE. 21. CONFLICT OF INTEREST No officer, employee, or agent of CITY who exercises any function or responsibility for planning and carrying out of the services provided under this Agreement shall have any direct or Indirect personal financial interest in this Agreement. SUB -GRANTEE shall comply with all Federal, State and local Predict of interest laws, statutes, and regulations, which shall be applicable to all Parties and beneficiaries under Nis Agreement and any offices, employee, or agent of CITY. 22. NON-DISCRIMINATION During the performance of this Agreement SUB -GRANTEE shall not unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of rem, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or sex, pursuant to all applicable State and Federal statutesand regulations. SUB -GRANTEE shall prepare and make available to CITY'a City Manager and to the public all eligibility requirements to panlcipate in Na program plan set forth in said Exhibit A, attached hereto. If an allegation of discrimination occurs, CITY may will ld all further funds until SUB- GRANTEE ban show by clear and convincing evidence to the satisfaction of CITY that funds provided under the Agreement were not used In connection will the alleged discrimination. 23. DISCHARGE COORDINATION POLICY SUB -GRANTEE must develop and Implement, to the maximum extant practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded Institutions or systems of core (such as health care facilities, foster came or other youth facilifies, or correctional programs and institutions), In anter to prevent such discharge from immediately resulting in homelessness for such persons, as appilbi le. 24. EVALUATION CITY shall monitor and evaluate the performance of SUB -GRANTEE under this Agreement to determine to the best possible degree the success or failure of the sources provided! under Nis Agreement and the adequacy of the program plan identifed in Paragraph One (1) and Exhibit A of IB- G'IV (i FRE5h0 Fmm G 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 z2 23 24 25 26 V 28 this Agreement SUB -GRANTEE shall at any time during business hours, and as often as CIN deems necessary, make available for examination, inspection, audit or copying all books and records, pertaining to the goods and services furnished under the terms of this Agreement for the purpose of and not limited to authorized review for fiscal and program audits. 35. NEPOTISM Except by written consent of CITY, no person shall be employed by SUB -GRANTEE who is related by blood or marriage to any member of the Board of Directors or any officer of SUB- GRANTEE. 26. CERTIFICATION REGARDING DEBARMENT SUSPENSION INELIGIBILITY AND VOLUNTARY UCLUSIOWLOWER TIER COVERED TRANSACTIONS A. CITY and SUB -GRANTEE recagnlze that Federal assistance funds era being used under the terns of this Agreement. For purposes of this paragraph, SUB -GRANTEE will bo referred to as the prospective recipient", B. This cedS: tion is required by the regulations implementing Executive Order 12548, Debarment and Suspension. 29 Code of Federal Regulations(CFR) Part 88, section 98.510 participantsResponsibilities. 1) The prospective recipient of Federal assistance funds cerpf s by entering this Agreement, that neither it nor Its principals are presently debated, suspended. proposed for debarment, recall ineligible, or voluntarily excluded from participation in this transaction by any Federatdepartmenl or agency. 2) The prospective recipient of Funds agrees by entering this Agreement, that it shall not knowingly enter into any lower tier covered transection with a person who is rammed, suspended, declared ineligible, or voluntarily excluded from participation In this covered transaction, unless authorized by the Federal department or agency with which this transaction originated 3) Where the prospective recipient of Federal assistance funds is unable to call to any of the statements In this cementation, such prospective participant shall attach an explanation to the Agreement. 4) The prospective redpient shall provide immediate mitten notice to CITY 19- =CIFFItI Fmm,G iJ an 4 5 6 7 8 9 10 it 12 13 14 15 16 1] 18 19 20 21 22 23 24 25 26 V 28 if at any time prospective recipient learns tbet Its notification was erroneous when submitted or hes become erroneous by reason of changed circumstances. 5) The prospective redpient further agrees that by entering Into this Agreement, it will include a clause identical to this section marks 'Certification Regarding Debarment Suspension, Ineligibility and Voluntary Exclusion -Lower Ter Covered Transactions', In all lower tier covered transactions and In all solicitations for lower tier covered transections. 6) The certification In this section of this Agreement Is a material represenfifion of fact upon which CITY relied In entering into this Agreement. 27. LIMITED ENGLISH PROFICIENCY SUB -GRANTEE shall provide Interpreting and translation services to persons participating in SUB-GRAMEE'a services that have limited or no English language proficiency, including services to persons who are deaf or blind. Interpreter and translation services shell be provided as necessary to allow such participants meaningful access ad Me programs, services and benefits provided by SUB- GRANTEE. Interpreter and translation services, including translation of SUB-GRANTEE's "vital' documents (those documents that contain infoonafon that Is critical for accessing SUB -GRANTEE'S services or are rambled by law) shall be provided to parecidmis at no cost to the participant SUB- GRANTEE UBGRANTEE shall ensure that any employees, agents, subcontractors, or partners who interpret or translate for a program participant, or who directly communicates with a program participant In e language other than English, demonstrate profciency in the participant's language and can effectively communicate any specializetl terms and concepts peculiar to SUB-GRANTEE's services. 28. AUDITS AND INSPECTIONS SUB GRANTEE shall at any time during business hours, and as often as CITY may deem necessary, make available to CITY for examination all of its records and data with respect to the metiers covered by this Agreement SUBGRANTEE shad, upon request by CITY, permit CITY to audit and Inspect all such records and data necessary to ensure SU8-GRANTE@s compliance with the terms of this Agreement. If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00), SUBGRANTEE shall be subject to the examination and audit of the State Auditor General for a period of three (3) (1TYOFFRLSNO 17�, CA 2 3 4 5 6 1 9 9 to I1 12 13 14 15 16 1] 18 19 20 21 22 23 24 u 26 2] 28 years aperture payment under contract (California Govern mem Code section 3SoB1) 29. NOTICES The persons having authority to give and receive notices under this Agreement and their addresses include the following: CITY SUB -GRANTEE Housing and Community ASPIRANET Development, Manager 1320 East Shaw Avenue, Suite 140 Crty of Fresno Fresno, California 93110 2600 Fresno Street, Room 3010 Fresno, Caltornia 93721 Any and all notices between CITY and SUB -GRANTEE provided for or permitted under this Agreement or by law shall be In wrW1g and shall be deemed duly served when personally delivered to one of the parties, or in lieu of such personal surae, when deposited in the United States Mail, postage prepaid. addressed W such party. 30. GOVERNING LAW The parties agree that for the purposes of venue, performance under this Agreement is to be the County of Fresno, California The rights and obligations of the parties and all Interpretation and performance of this Agreement shall be governed in all respects by fes laws of the State of California. 31. ENTIRE AGREEMENT This Agreement including all exhibits, CITY's JOINT CITYICOUNTY Revised RFP, and SUB- GRANTEE's response thereto, constitutes the entire agreement between SUB -GRANTEE and CITY With respect to the subject mater hereof and supersedes all previous agreement negotiations, proposals, commitments, written, advertisements, publications and understandings of any nature whatsoever unless expressly included in this Agreement. OF SND rm'w.CA 1101 OCll 20 21 22 23 24 25 26 27 28 IN WRNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Dale. City of Fresno 2600 Fresno Street, 2nd Floor Fresno California 93721 Andrew T. Soma City Manager ATTEST. Rebecca E. Klisch City Clerk Br Dury Dete N/30/oh APPROVED AS TO FORM', James C. Somali CIN Attorney 1320 East Shaw, Sae 140 Fresno, California 03710 Byk�� �a O�Print Name Ari;ss.7 Z�/ BY 0�A v- isit Aiss n. True Date'•� Attachments ERHBITA; SCOPEOFWORK EXHBITB: BUDGET EXHBIT C: INSURANCE REQUIREMENTS EXHBIT D: Capt of HUD HPRP Corked No. FR330AN-01 Is Copy of HUD HPRP Docked No. FR -630-N-02 ll �1Y VIF FRES T41 Fmuu (i\