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HomeMy WebLinkAboutCentral California Legal Services Inc - Homeless Prevention and Rapid Re-Houcing ProgramOry of \I/ �SREPORT TO THE CITY COUNCIL AGENDAITEMNO. 9>30am#2A COUNCIL MEETING 9-24-09 PRIM September 24, 2009 cnnwrua 'ROM. JOHN DUGAN, Director Planning and Development Depanrnent 3Y: CLAUDIA CAZARES, Managea"w &. Housing and Community Development Division GREGORY BARFIELD. Homeless Policy and Prevention Manager $OBJECT: RECOMMEND APPROVAL OF FUNDING AWARDS AND SELECTION OF SUB -GRANTEES 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 2005-2009 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 Staff recommends that the Coy Council approve: 1J the funding seaside and the selection of sulegrantees, to provide services as funded by the Homeless Prevention and Rapid Re -Housing Program (HPRP) grant awerdetl by the U.S. Department of Housing and Urban Development (HUD) to the City of Fresno under the 2009 American Recovery and Reinvestment Act (ARRA), as follows: $118, 915 to Central California Legal Services, $278,318 to AspiraNet, $30,000 to Manaree Masan Center $398,385 to WestCare; $4 ,000 to Fresno County EOC; $258,301 to Angels of Grace Foster Family Agency; $1,050,000 to the Housing Aufhonty of the City of Fresno- Rapid Re -Housing; and $250,000 to the Housing Authority of the City of Fresno- Hi 2) Adopt the amendment to the FY 2W8-2009 Annual Action Plan to include the awards as specified above; 3) Authorize City Manager to sign all required implementing, and contractual documents as approved to form by the City Attorney. Ros"Iev N Cm Can iv 9 m_ o,nanm� THE CITY COUNCIL Award of HPRP Sub -Grantees I, 2009 Paget EXECUTIVE SUMMARY In March 2008 the City was awarded a direct formula allocation of $3,130.746 in HPRP Ponds based on our annual rampant of McKinney -Veno funds through the Emergency Shaker Grant (ESG) Program. The County of Fresno also received a direct allocation of HPRP funds. Since that time, the City has been working in partnership with the County to administer a collaborative program for the expenditure of these funds. A joint C'ItylCounty Request for Proposals (RFP) was issued on July 15, 2009. The agendas selected for funding are Genital Califomla Legal Services, Aspiralkel, Magars i Mason Center, WestCare for the San Joaquin Valley Veterans Project, Fresno County EOC Sanctuary. Angels of Grace Faster Family Agency, Housing Authority of the City of Fresno for Rapid Re -Housing, and the Housing Authority of the City of Fresno for administration of the Homeless Management Information Systems (HMIS). Services well be provided over a three year term, and the agencies will provide assistance related to housing of persons at risk of becoming homeless and persons that are currently homeless, as well as provide housing relocation and stabilization services such as case management and credit repair. The remaining $72,827 will utilized by City staff to Provide program administration over the three year period. In response to the national economic crapes, President Obama ant Congress passed the American Recovery 6 Revitalization Ami (ARRA) that allocated approximately $750 bllkon to fund different programs and Projects aimed at s8mulabng me economy. Included In the ARRA is $1.5 billion in funding that will be used to provide alfoNabb housing, services, and jobs for the nation's most vulnerable persons. 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 receivetl $1,83.630. HPRP is intended to provide homeless prevention services to households threatened to become homeless, and to rapidly re -house persons who are homeless. In order to receive the federal funding, jurisdictions were required to submit an application to HUD in May 2009, antl amend their Annual Action Plan to Include the administration of HPRP funding. The City Council approved both on May 14, 2009. As part W Council action, staff requested authonzation to coluloorefe with this County of Fresno in issuing a Joint Request for Proposals (RFP), and partner with the County to administer a regional approach and 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-Madent Continuum of Care. The recommended agencies, programs, and award amounts, for your approval are as 1. Central California Legal Services - $118,915, to provide legal assistance related to housing needs 2. AspiraNet-$278,318, to provide housing and stablization services to young adults aging out of faster cere 3. suppose Mason Center -$30.00. 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 EOG - $400,000. to provide housing and stabilization services to individuals and families TO THE CITY COUNCIL am Award! of HPRP Sub -Grantees sr24,2009 8. Angels of Grace Foster Family Agency - $258,301 to movies housing and stabilization services to young women aging eut of tower pre 7. City of Fresno Housing Authority -$1,050,00, mpmvide housing and stabilization services to persons Me are currently homeless throughout the City S. City of Fresno Housing Authority -$250,000, to provide administration d HMIS A total of $72,827 will be uti al by City staff to provide program administration over the three year period. A list of the City awards, and the corresponding County awards for Mesa agencies, is found in Exhibit A. In addition, the County will also be funding two County Departments for provision of servicea- The implementation and administration of HPRP activities is set to commence on October i, 2009 with fully executed contrasts required to be in place by September 30, 2009. Each contract will be for a lens of one year, with two year renewals contingent on subgrantee performance. Programs to be funded through HPRP include: 1) shad and medium term financial assistance, up to 3 months, and 18 months, respectively, 2) Nillty payments, 3) moving costs, and 4) hotellmobt vouchers, for up to 30 days, X no appropriate shelter beds and rental housing can be itlentified. In support of persona in need of housing relocation and stabilization services, the CRY of Fresno will require subgrantees to provide Intense wrap around services through effective was management. Case Management services will include: direct outreach, housing and placement assistance; legal services and intervention, credit repair and protMlve payee services, or linkages to mainstream supportive servi ass. Collaborative efforts will continua with the FMCOC and the County of Fresno to ensure HPRP funds are maximized using all resources including mainstream funcing and services available to Provide a seamless semi delivery system. As applicants and beneficiaries of HUD Superflofe funding for Shelter, Shatter Plus Care, and Supportive Housing Grants, the FMCOC can ad as Me conduit to identify existing homeless services antl grants received by partners of Me group. Identification of the aforementioned Information will allow Me City to Identify gaps and overlapping services to better disburse funding and Impact the creation of long lasting Musing stability for homeless persons and those at Oak of becoming homeless. Additionally, local and county collaboration Is essential, as Me County has established mental health and other essential $emcee, while the target population exudes mainly within the City limits. Cellaboradon vnll allow both govemmental endtias to address increased homelessness Mat can arise because of Has exiseng economic choral and a a key goal of the City of Fresno and County of Fresno's 10 Year Plan to EM Chronic Homelessness. Die Housing and Community Development Division will maintain tlired program oversight for HPRP. The City's Homeless Policy and Prevention Manager will overage Me day -today management of sub -grantees. The Housing and Community Development Division will work with the Budget and Management Studies Waldo (BMSD) staff, which has responsibility for Other HUD entitlement programs and federal mounting wWraments. =1SCAL IMPACT 'unds for these awards are avallable in the Planning and Development Daparbnent's FY 2009-2010 Meow 9udget. Exhibit A: List of SubGrameas 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 A a o CI Coun TOTAL Ce0lfal ColibmW L al Services $118918. $29]29 148,844 As aNet $2]8318 NA; $3Q 89] ame Mdmn Center $304 D00 $98,000 $400000 WestCere Califomia-VeMmns $398,385 $388305 Fresno EOC San $4UD 000 $400.00 els of Gram Fosla Fem en $250301 $141133 $399434 Hou" AUMoC of Fromo $1050000 1050000 HMIB-Hausin AutOor C /Coun $250,000 $150000 $4Dn DD0 Ce. Aeaeo. Mr the PO sisal Handira $231 591 $231,591 Hous) Aulhoems Fresno Court E228.590 $228588 Unllee Way at Fra srw Caun 5160000 $150000 TOTAL 9057919 $10948311 $1452549 16 17 18 19 W 21 22 v 24 25 OF 51-91eq AGREEMENT THIS AGREEMENT is made and entered into this 25 day of September 2009 ('Effective Dote') by and between the CITY OF FRESNO, a municipal corporation of the State of California, (hereinafter selected to as `CITY"), and CENTRAL CALIFORNIA LEGAL SERVICES Inc., a California Private NonProfitO ffumquatlon, (hereinafter reamed to as'SUB-GRANTEE"). WITNESSETH WHEREAS, the CITY and the CITY'S of Fresno's Planning and Development Department have been designated as the sponsoring agency to administer and implement the Homeless Prevention and Repid Re -Housing Program (HPRP) activities of CITY, in accordance with the provisions of Title %II of the Federal American Recovery and Reinvestment Act of 2009 and the laws of the State of California: and WHEREAS, the United States Congress has designated $1.5 billion for communities to provide financial assistance and services to either prevent individuals and families from becoming homeless, and to help those who are experiencing homelessness to be quickly re -housed and stabilized; and WHEREAS, CITY submitted a seasonal amendment on May 18, 2009 to its Fiscal Year 2008-2009 Annual Action Plan to includeapprophledon of HPRP sanding; and WHEREAS. SUB -GRANTEE has submitted a program plan that will provide homeless prevention and/or rapid rehousing sil consistent with the intent and purpose of said provisions of Title XII of the Federal American Recovery and Reinvestment Act of 2009, and SUB GRANTEE'S program plan has been approved by CITY. NOW THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as f0llows� i. SERVICES A. SUB -GRANTEE shall Perform all services and fulfill all responsibilities as set forth In he program plan, attached hereto as Exhibit A, incorporated herein by reference and made pad 26of this Agrexamort 27 B. SUB -GRANTEE shall also perform all services and fulfill all responsibilities as 2B IdenBBed In Joint City of Fresno l County of Fresno's Request for Proposal( RFP) No. 962-4728 dated t- G'IV OFFRFSI3'J Fmm, G 1 2 3 4 5 10 11 12 13 14 15 16 IJ 18 19 20 21 22 23 24 25 26 2] 28 July 15, 2009 and Addendum No. One (1). dated July 29, 2009 and Addendum No Two (2) dated July 31, 2009, (hereinafter collectively referred to as -JOINT CITY I COUNTY Revised RFP') and Sl GRANTEE's response to said JOINT CITY /COUNTY Revised RFP, dated August 10, 2009, all Incorporated herein by reference and made pan of this Agreement. In the event of any Inconsistency among these documents, the inconsistency shall be resolved by giving precedence in the following order of priority. 1) to this Agreement including all Exhibits, 2) to the JOINT CITYI COUNTY Revised RFP, 3)to the .SUB-GRANTEE's Response to the Revised RFP. A copy of JOINT CITY I COUNTYS Revised RFP, and SUB-GRANTEE's response to the JOINT CITY/COUNTY Revised RFP shall be retained and made available during the term of this Agreement by CITY. C. SUB -GRANTEE shall perform all services following the HUD'S Notice of Allocations, Application Procedures and Requirements for Homelessness Prevention and Rapid Re - Housing Program Grantees under the Federal American Recovery and Reinvestment Act of 2009 as released on March 19, 2009 (Docket No FR -3307-N-02) and the Corrected and Cibu fcatimrs Notice of June B. 200D tDocket No. FR -530]-N-02) 2. TERM This Agreement shall became effective on the Effective Date and shall terminate on the 29th day of September 2016. This Agreement shall be automatically extended for two (2) additional twelve (12) month penods upon the same terms and con itions herein set forth, unless written notice of non- renewal is given by SUB -GRANTEE, CITY or City Manager or restores not later than sixty (60) days prior to the close of the cumanFAgreement period. 3. TERMINATION A. Non-Allocatlon of Funds —The terms of this Agreement, and the services to be provided thereunder, Is contingent on the approval of funds by they appropriating government agency. Slaould sufficient funds not be allocated, the services provided may be modified, or this Agreement terminated at any time by CITY by giving SUB -GRANTEE thirty (30) days advance written notice. B- Breach of Contrac. — CITY, may immediately suspend or terminate this Agreement In wool¢ or in pan where In the determination of the CITY them is: 1) an illegal or improper use of fears', -2. (]ttUFFRESAV F'ri 10 23 24 u 26 V 28 2) a failure to comply with any term of this Agreement; 3) a substantially incorrect or incomplete report submitted to CITY; or 4) Improperly performed service. In no event shall any payment by CITY constitute a waiver by CITY of any breach of this Agreement or any default, which may then exist on the part of SUB -GRANTEE. Neither shall such payment impair or prejudice any remedy available to CITY:with respect to breach or default. CITY shall have the right to demand of SUB -GRANTEE the repayment to the CITY of any funs disbursed to SUBGRANTEEunder this Agreement, which in the judgment of CITY were not expended in accordance with the terns of this Agreement. SUB -GRANTEE shall promptly refund any such funds upon demand or. at CITY'a option; such repayment shall be deducted from future payments owing to SUB -GRANTEE under this Agreement. C. Without Cause — Under circumstances other pian those set fort above, this Agreement may be terminated by CITY or SUBGRANTEEupon the giving of thirty (30) days advance written notice of an intention to terminate, 4. COMPENSATION I INVOICING A. CITY agrees to pay SUB -GRANTEE and SUB -GRANTEE agrees to receive compensation based on actual expenditures incurred by SUBGRANTEEin accordance wit the budget Idenlified in Exhibit B, attached hereto and by this reference Incorporated herein. It Is understood that all expenses incidental to SUB-GRANTEE's performance of services under this Agreement shall be home by SUB -GRANTEE. If SUB -GRANTEE should fail to comply with any provision of This Agreement, CITY shall be relieved of Its obligation for further compensation. Payments shall be made by CITY to SUB -GRANTEE in arrears, for services provided during the preceding month. Such payment by CITY shall be made within thirty days (30) days after to data of recelpt by CITY of a correctly completed Invoice In accordance with the provisions of this paragraph, and shall be for actual expenditures incurred by SUB -GRANTEE in accordance with Exhibit B_ Payments shall be made after receipt and verification of actual expenditures incurred by SUB -GRANTEE in the performance of this. Agreement and shall he documented to CITY on a Monthly basis by the onto (10[h) day of the month following the month of said expenditures in an -]. r]tt OF FRFSY.7 Fre�m, G 8 9 id 11 12 13 14 15 16 17 48 19 20 21 22 23 24 25 26 27 28 Invoice. The invoice. shall be in a form and in such detail asacceptable to CITY. SUBGRANTEEshall submit invoices to Claudia Cazares, City of Fresno Housing Manager, at Claudia. Caevresinfrasona B. Changes to line dams in the budget set forth in Exhibil B, attached 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 headed - C. Any compensation not consumed by expenditures of SUB -GRANTEE by the expiration or termination date of this Agreement shall be immediately repaid to CITY. D. CITY shall not be obligated to make any payments under this Agreement if the request for payment Is received by CITY more than slaty (60) days after the date of termination of this Agreement or the date of expiration of this Agreement whichever occurs first. E. CITYs failure to inform SUB -GRANTEE of any reporting requirements shall not relieve SUB -GRANTEE of compliance with any HPRP reporting requirements. IF The following 'Required Expenditure and Program Progress Threshold" criteria have been astabtished to guide the SUB -GRANTEE In structuring and scheduling their expenditure of funds and program progress 4o determine performance beginning September 30, 2009 and each September !hereafter. Milestone O l I Quarters Minimum Benuretl Threshold October, November, December 20% of Contracted Amount/ Program Goals Id quarter January. February. March 50% of Contracted Amount I Program Goals 2n0 quarter April, May, June 80% of Contractee Amount) Program Goals V quarter July, August. September 100% of Contracted Amount I Program Goals 4'"quarter 5. INDEPENDENT CONTRACTOR In performance of the work, duties, and obligations assumed by SUBGRANTEE under this .n- mvoTeassw Fmm, G 18 19 20 21 22 23 24 25 26 22 28 Agreement, it Is mutually understood and agreed that SUB -GRANTEE, Including any and all of SUB- 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, servant employee, joint vermser, partner, or associate of CITY. Furthermore, CITY shall have no right to control, supervise or direct the manner or method by which SUBGRANTEEshall perform its work and function, Howeveq CITY shall retain the right to administer this Agreement so as to verify that SUB-GRAMEE is performing its obligations In accordance with the terms and conditions hereof. SUB -GRANTEE and CITY shall Comply Who all applicable provisions of law and the miss and regulations; if any, of governmental authorities having jurisdiction over matters which are directly or Iildjrectly me subject of this Agreement. Because of its status as an independent contractor, SUB -GRANTEE shall have absolutely no right to employment rights and benefits available to CITY employees. SUB -GRANTEE shall be solely liable and responsible for providing to, or on behalf of, fis employees all legally -required employee benefits. In addition, SUBGRANTEEshall be solely responsible and hold CITY harmless from all matters relating to payment of SUB-GRANTEE's employees, including compliance with Social Security, withholding, and all other regulations governing such martens. It is acknowledged that during the term of this Agreement, SUB -GRANTEE may be providing services to others unrelated to CITY or to this Agreement. 6. MODIFICATION This Agreement may be manifest from done to time by the written 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 conditions of this Agreement, refusal by SUB -GRANTEE to accept the change is grounds for termination of this Agreement. Any such change shall be insoMorated by written amendments to this Agreement and shall be approved by the 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 added consent of the other party. -s- <annpraesm 17 18 19 20 21 22 23 24 25 26 27 Rll e. INDEMNIFICATION To the furthest extent allowed by law, SUB -GRANTEE shall indemnity, hold harmless and defend CITY and each of its offlows, officials, employees, agents and authorized volunteers from any and all loss, liability, fres, penalties, forfeitures, costs and damages (whether in reflect, tort of strict liability, Including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions In law or equity (including reasonable adgmay's fees and litigation expenses) that arise out of pertain to, or relate to the negligence, recklessness or willful misconduct of SUB -GRANTEE, its principals, officers, employees, agents or authorized volunteers in the performance of this Agreement. If SUB -GRANTEE should subcontract all or any portion of the services to he performed under this Agreement. SUS -GRANTEE shall require each subcontractor to Indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and auhorized volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination orexpirmlon of this Agreement. 9. INSURANCE A. Throughout the life of this Agreement, SUB -GRANTEE shall pay for and maintain in full force and effect all Insurance as required in Exhibit C or as may be authorized In writing by CITY'S Risk Manager or his/her designee at any time and in hisRher sole discretion. B. If at any time during the life of IM1e Agreement or any extension, SUE -GRANTEE - or of Its subcontractors fall b maintain any required Insurance in full force and aped, all services and were under this Agreement shall be discontinued Immediately, and all payments due or that become due to SUB -GRANTEE shall be withheld until native Is received by CITY that the required Insurance has been restored to full force and effect and that the premiums therefore have been pad for a period satisfactory to CITY. Any failure to mainten the required Insurance shall be sufficient cause for CITY to terminate his Agreement. No action taken by CITY pursuant to this section shall in any way relieve SUB -GRANTEE of Its responsibilities under this Agreement. The phrase `fail to maintain any required Insurance' shall Include, without limitation, notification received by CITY that an -°- n'tyoFanearau Fmnn, U 9 10 it 12 13 14 13 16 IJ 18 19 20 21 22 23 24 PIM 26 22 28 Insurer has commenced proceedings, or has had proceedings commencer 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 limitation, liability under the indemnity provisions of Nis Agreement. The duty to indemnify CITY shall apply to all claims and liability 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 relieve from liability nor limit the liability of SUB -GRANTEE, Its principals, officers, agents, employees, persons under the supervision of SUB- GRANTEE, vendors, suppliers, invitees, consultants, subconsultants. subcontractors, or anyone employed directly or indirectly by any of them. O_ Upon request of CITY, SUBGRANTEE shall immediately furnish CITY with a complete copy of any Insurance policy required under this Agreement. including all endorsements, with said copy careful by the underwriter to be a tme and correct copy of the original Poll This raquirement shall survive expiration or termination of this Agreement. E. If SUBGRANTEEshould subcontract all or any portion of the sernow to be aerformed under this Agreement, SUB -GRANTEE shall require each subcontractor to provide morsel protection in favor of CITY and each of Its officers, officials, employees, agents and Aumonzed volunteers In accordance with the terms of this section, except Nat any required cednicates and applicable endorsements shall be on file with SUB -GRANTEE and CITY prior to the commencement or any services by roe subwntrador.- 10. PUBLIC INFORMATION SUB -GRANTEE shall disclose CITY, the County of Fresno, and the US, Department of Housing and Urban Development (HUD) as a funding soums in all public impreslion, 11. POLITICAL RELIGIOUS AND LOBBYING ACTIVITY PROHIBITED A. None of the funds or services provided directly or indirectly under this Agreement shall be used for any political activity, lobbying, or propaganda purposesdesigned to (Try i)F Hill Fmm, G 1 2 3 4 5 6 l 8 9 f0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Zr 28 support ordefeat legislation pending before any legislative body, the Congress of the United Slates or the Legislature of the Slate of California or to further the alecticn or defeat of any ballot measure or candidate for public offloo. 8. None of the funds or services provided directly or indirectly under this Agreement shall be used for any fellgious activity, Including but not limited to religious worship, Instruction, or proseyozation, or to purchase religious materials. C SUB -GRANTEE shall not require those individuals or entities receiving the funds or services, in whole or In pan. by this Agreement to attend or lake pad in any religious activities. Furthermore , SUB -GRANTEE shall take reasonable steps to insure that functions or activities funded herein are separate in time or In location from functions or activities that are inherently religious. such as religious worship, Instruction, or proselytizatlpn. 12. SUPPLEMENTAL SOURCES SUBGRANTEEshall not use any funds under this Agreement to the extant that there are any Other existing or contemplated funds available to SUB -GRANTEE to be expended for the same services covered by this Agreement. SUBGRANTEE shell provide written notification and explanation to CIN of any funds received from another source to conduct the same services covered by this Agreement within rive (5) days of the receipt of such funds. Upon confirmation that SUB- GRANTEE hesreceived 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 IAWS SUB -GRANTEE shall comply with all rules and regulations established pursuant to the Homeless Prevention and Rapid ReHousingProgram under Title XII of the Federal American Recovery and Reinvestment Act of 2009. SUB -GRANTEE must also comply with all applicable fair housing and civil rights requirements in 24 CFR 51 SUB -GRANTEE and any s'uucontractors shall comply with all applicable local, State, Federal laws, ordinances, regulations and Fresno City Municipal Code provisions applicable to the performance of services. -e- ucv nr txcsna r. ... w, cn ODM 12 L8 19 20 21 22 n 24 2i 26 Z2 28 14. RECORDS, AUDITS AND INSPECTIONS A. Record Establishment and Maintenance SUB-GRANTEE shall establish and maintain records In accordance with those requirements prescribeal by CITY, with respect W all matters covered by this Agreement SUB- GRANTEE shall retain all fiscal books, account records, and conformal client files for services performed under this Agreement for at least Me (5) years from Pie date of me final payment under this Agreement or until all Stale and Federal audits are completed for that fiscal year, whichever a later.. Pursuant to State and Federal law, it is the intern of the bodies to this Agreement that the SUS- GRANTEE shall be reimbursed for actual costs incurred in the performance of Nis Agreement not to exceed the contact maximum but that no profit is to accede to the SUB-GRANTEE on account of such performance. B. AclivItY and Progress Rergi SUBGRANTEE shall submit to CITY by the tenth (Ii of each month, an activity report for the previous month as described by the CITY, but It shall include but not limited to, a program progress narrative, fob creation I resumed by these funds, program performance : including the number of unduplicated persons and households served, their status, typo of housing services provided financial information regarding funs expended In the prior month: including per expenditures made to date, reaching completed through HMI, 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 weer budget account number to which the cost is charged In the event that SUB-GRANTEE falls he provide such reports or other Information required hereunder, it shall be deemed sufficient cause for CITY to withhold monthly payments until there Is compliance Themonthly activity report shall be In a form and in such detail as prescribed and acceptable to CITY'a City Manager or designee. C. Single Audit B Federal Common Rl Audit Requirement 1) K 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 0w OF FaEStU rMui B:1 Hr] its 21 22 23 24 35 26 27 a) audit in accordance With the requirements of the Single Audit Standards as set forth In Once of Management and Budget (OMB) Circular A-122 and A-133. SUB GRANTEE shall submit said audit and management letter to CITY. The audit must include a statement of findings ora statement that there were no findings. If there were negative findings. SUB -GRANTEE must include a correclive action plan signed by an authobzed individual. SUB GRANTEE agrees to take action to correct any material non-compliance or Weakness found as a result of such autlit. Such audit shall be delivered to CITY, for review within three (3) months of the end 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 tasks, or at CITY's option, contracting with a public accountant to perform said autlit, and may result In me inability a 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 cast, as determined by CITY. 2) A single autlit report is not applicable H all SUB -GRANTEE 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 conceded and a program audit report with management letter shall be submitted by SUB -GRANTEE to CITY as a minimum requirement to attest to SUB- GRANTEE's solvency. Said audit report shall be delivered to CRY for review no later than three (3) months after the close of the fiscal year in which the funds supplied through this Agreement am expended Failure to comply with this Act may result In CITY performing the necessary audit tasks or contraction with a quallied accountant to perform said audit All audit costs related is this Agreement are the sole responsibility of SUB -GRANTEE SUBGRANTEEagrees to take corrective 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 SUB -GRANTEE at CITY cost, as determined by CITY. 3) SUB -GRANTEE shall make available all records and accounts for inspection by CITY, the State of California, the Comptroller General of the United States, the Federal Grantor Agency, or any of their rely authorized representatives, at all reasonable fides for a period of Im. aTYOFFPEdNO Fmre, G 4 5 6 7 8 9 10 11 12 28 at least five (5) years following final payment under this Agreement of the Closure of all other pending Matters, whichever is later. 15. It Eligibility and Report Requirement A. SUB -GRANTEE is required to participate in the Fresno Madera Continuum of Care (FMCoC). Participation is defined as mendance at a minimum of 75% of all FMCoC Doctor, meetings. B. CITYs failure to info" SUBGRANTEE that HERE funs are provided under this Agreement or of any reporting requirements shall not repave SUB GRANTEE of compliance with any HPRP eligibility and reporting requirements. SUBGRANTEEagrees, In accordance with the requirements of the HPRP Program, that ALL beneficiaries of SUB-GRAWEE'a activities provided under this Agreement must meet the following minimum criteria. 1) Any Individual or family provided with financial assistance through HEAP must have at least an initial consultation with a case manager or other authorized representative who can determine the appropriate. type of assistance to meet their needs. 2) The household annual Income. must be 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 SUB -GRANTEE Is required to use the most recent version as provided by CITY. 5) 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 financial resources and support networks needed to Whin immediate housing or remain in its existing housing. C. For assistance under the Rapid ReHousingcategory, parsons 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 under the rapid re housing portion of HPRP. 11 Sleeping in an emergency shelter 2) Sleeping in a place not meant for human habitation, such as cors, parks, Emn,,CA 2 3 4 5 6 l 9 9 10 11 12 U 14 15 16 1] 18 19 20 21 22 23 24 25 26 27 &III abandoned buildings, streets/sidewalks, 3) Slaying In a hospital or other fmstltodon for up to 100 days but was sleeping in an emergency shelter or other place not meant for human habitation immediately prior to entry into the hospital or insUlelfon: 4) Graduating from, or timing out of a forefront housing Program: and 5) Victims of compete violence. SUB -GRANTEE Is expected to meet all ether HPRP requirements including providing an intake and assessment of all clients. Completion of this assessment which may review risk factors being homeless or becoming homeless and barriers to housing will assist (he SUB -GRANTEE in identifying the appropriate level of financial assistance, it any, and the appropriate miur. of supportive services. No household may receive HPRP financial assistance unless they have been assessed by a case onager or other authorized representative to determine the appropriate type of assistance SUB -GRANTEE will be expected to utilize a risk assessment and targeting tool which shall be designed prior to program implementation. This tool wilt be used to assess potential clients for eligibility and to help determine the appropriate level of service. This instrument is being designed with Input from both jurisdictional staff and service providers and may be modihel locally to account for specific local targeting priorities. This tool may be adjusted during the course of the contract period and SU&GRANTEE will be expected to implement any modifications made to the tool during the course of the confect within the context of the program. Providers will also be required to verify plant household income, using the Income venflcation requirements and soilless as provided by the CITU. Once the client household has been assessed, SUB -GRANTEE will work with the offset to develop an appropriate housing and income stability plan. The plan will Identify slaps that the household will take to secure or stabtllze their housing squared. ensure that household costs are covered with a combination of Income and services for which the household may be eligible (such as food benefits, training and/or employment services and subsidized child care), reduce the impact of utilities on the households budget and other steps necessary to help the household achieve stable housing after than participation In the program concludes. it (MOFFRIaNp Form, G 10 11 12 13 14 15 16 17 is 19 20 22 23 24 ss 26 27 28 For the HPRP program, assessment and housing plan development are considered man management services. SUB -GRANTEE wlll be responsible for authorizing HPRP financial assistance for eligible households and issuing payment to landlords, utility companies and possibly other third party vendors such as hotel/motels and storage or moving companies. Based on the assessment of the household's needs, SU&GRANTEE may authorize a number of forms of financial assistance. Financial assistance may Include. Rent arrears payments (up to 6 months) Security deposit payments Moving costs (ag. moving company, short term storage of up to three months) Short term rental assistance (up to 3 months) Medium terns rental assistance (4 to 1B months) utility aoeam payment (up to 6 months) • Utility deposits Utility payment assistance (up to IB months) Hotellivotel vouchers for up to 30 days. if no appropriate shelter beds are available and subsequent rental housing has been idennned but is not Immediately available for move -in by the program partidpants. Rental assistance provided may not exceed rental casts accrued over the assistance period (i.e. short-term rental assistance may net expect rental casts accrued over a period of 3 months) and ants must meet the: HUD standard of rant reasonableness. Rental assistance payments may not be approved on behalf of eligible Individuals or families for Ne same period of time and for the same rest types that are being provided under another fadecal, state or local housing subsidy program, Mortgage assistance is specifically excluded No assistance can be provided to any program participant for more man 18 months total. SUB -GRANTEE must certify 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 lapped prior to committing HPRP funds for financial assistance. 16. Minimum Data Collection Requirements A. SUB -GRANTEE Is required to collect and report standleveldata in a database comparableto the local HMIS run by the Fresno Housing Authorities of the City and County of Fresno through a MOU with me Fresno Madera Continuum of Care (FMCOC) or a data base that complies Is r1Pf OF ERFSNI) Fmm.t:9 a 9 DO It 12 13 14 15 16 17 18 19 20 21 n 23 24 25 26 V 78 with any special requirements which may developed by HUD for legal services or Donnell Violence perverts. Refunding in a database comparable to HMIS is a requirement of HPRP funding. The comparable database will be maintained by the SUBGRANTEEand used to collect data and report on outputs and outcomes as triggered by HUD. SUBGRANTEEis required to error all client Intakes. provide regular updates and exit all clients once services are completed. At a minimum, SUB -GRANTEE must enter the following information M the comparable database for federal reporting purposes. 11 Name 2) Social Security Number 3) Date of Binh 4) Race 6) Infirmary 6) Gender 7) Veteran Status 8) Disabling Ccnditlon 9) Residence Prior to Program Entry 10) Lp Code of Last Permanent Address 11) Housing Status 12) Program Entry Date 13) Program Exit Date 14) Personal Identification Number 15) Household Identification Number 16). Income and Sources 17) NonCashBenefits 18) Destinatfon(where diens will stay upon exit) 19) Financial Services Provided 20) Housing Relocation & Stabilization Services Provided ta. an UF1AEsN0 FMm,Ck 1 2 3 4 5 5 7 8 9 t0 tt 12 ll 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY shall provide full reporting requirements as required by HUD under separate documentation for all providers. IF SUB -GRANTEE is a legal services or domestic valance provider and requires client -level information to remain confidential, and they will establish a comparable client -level database internally to its organization (ag. no identifying data shared with the HMIS or the CITY and will provide only aggregate data to the CITY as required SUB -GRANTEE'S will work with the HMIS administering agency, as an agent of the Fell to determine that the alternative database meals the standards for a comparable dienHevel database, including Compliance with the HMIS Data and Technical Standards which are acceptable to HUD and the CITY. 3. All data elements specified above must be recorded about each HPRP program in the HMIS and the fields needed to correctly generale the HPRP performance reports are required to be collected in the comparable database. 17. Confidentiality All services performed by SUB -GRANTEE antler this Agreement shall be in strict conformance with all applicable Federal, State of California anchor local laws and regulations relating to confidendallty, including but not limited to, California Welfare and Institutions Code section 10850, California Business and Professions Code Section 6008 and California Attorney Rules of Professional Conduct 3-100. SUB -GRANTEE will ensure the confidentially of all records pertaining to any individual provided assistance and that are 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 Dgggropiplifian SUB -GRANTEE agrees to maintain records to verify services under this Agreement including names and addresses of clients served the date of service, and a description of services provided on each occasion in accordance with paragraph 15(b) of this Agreement. These records and any other SUB -GRANTEE document pertaining in whale or part to this Agreement, shall be dearly identified and readily accessible to CITY or any other State or Federal agency performing e 15- (TwOrwseo imw.CA lawful audit or inspection of SUB -GRANTEE'S andlor its services: In all other respects such records shall be held by SUB GRANTEE In conformance with all applicable Federal, Slate of Caldornia and/or local laws and regulai relating to confidentiality. B. cost Documentation 1) SUB -GRANTEE shall establish accounting and bookkeeping Procedures. in accordance with standard accounting and bookkeeping practices, including but not limited to, employee time cards, payrolls, Invoices, vouchers, orders. and other records of all transactions to be paid with HPRP funs In accordance with the performance of this Agreement. 2) SUBGRANTEE shall cooperate fully with CITY, State and Federal agencies, which shall have the right to monitor and audit all work performed under this Agreement. 3) CITY shall notify SUB -GRANTEE In writing within thirty (30) days of any potential State or Federal exception discovered during an examination Where findings indicate that program requirements are not being met and Slate and Federal pandpalion in this program may be imperiled, failure to make the corrections by SUBGRANTEEwithin thirty (30) days of written notficatlon by CITY Nat corrections are needed, will justify termination of said Agreement In accordance with Paragraph 3.B of thls Agreement. 4) SUB -GRANTEE shall also agree to on-site monitoring and personal Interviews of any program pa flopants, or any of SUB -GRANTEE'S staff and employees. by appropdme CITY staff on at least a quarterly basis. 19. EQUIPMENT A. All Items purchased with funds Provided under this Agreement or which are Furnished to SUB -GRANTEE which have a single unit cost In excess of Five Thousand Dollars ($5,000.00) including sales lax and have a useful Re of more than one (1) year shall be considered capital equipment. Title to all items of cootal equipment Purchased shall vest and will remain vested in the City of Fresno SUB -GRANTEE further agrees to the following: t) To maintain all Items of capital equipment in good working order and condition, normal wear and tear excepted: and te- CITY OFPSFSPo Fmm,G 6 2 e 9 10 11 12 13 14 15 16 ]2 is 19 20 21 22 23 24 25 26 V rIi 2) To label all items of capital equipment, perform pounds inventories as required by CITY' and to maintain an inventory list showing where and how the capital equipment is being used, in accordance with amorphous developed by CITY All such lists shall be submitted to CITY wtthln ten (10) days of any request therefore; and 3) To report In writing to CITY Immediately after discovery, the loss or theft of any items of capital equipment. For stolen items, the local law enforcement agency must be contacted and a copy of the police report Submitted to CITY. B. The purchase of any capital equipment by SUB -GRANTEE shall require the prior written approval of CITY, and must be appropriate and directly related to SUB-GRARTEE's service or activity under Ne terms of the Agreement. No capital equipment shall be purchased during Ne fourth (4") or last doctor of each term of his Agreement CITY may refuse reimbursement for any costs resulting from capital equipment purchased, which are incurred by SUB -GRANTEE. If prior will approval has not been obtained from CITY. 20. SUBCONTRACTS If SUB GRANTEE should propose to subcontract with one (1) or more third panes to carry out a portion of those services described in paragraph one (1) of this Agreement Insofar as it deems proper or efficient, any such subcontract shall be in waning and approved as to form and content by CITY poor to execution and Implementation. Any such subcontract, together with 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, for the services described herein, An executed copy of any such subcontract shall he 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 that 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, if an owner, partner, officer, or director of SUB -GRANTEE also an owner, officer, or director of a corporation, association, IJ amor raF 51� Fmw.G 10 11 12 13 14 13 16 12 is 19 20 21 22 23 24 u 26 21 28 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 conflict of interest laws, statutes, and regulations, which shall be applicable to all parties and beneficiaries under this Agreement and any officer, employee, or agent of CITY. 22. NON-DISCRIMINATION During the performance of this Agreement SUBGRANTEEshall not unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of race, ishillon, calor, national origin, ancestry, phyelcel hand Wap, medical condition, mantel status, age or sex. pursuant to all applicable State and Federal statutes and regulations. SUB -GRANTEE shall prepare and make available to CITY'a City Manager and to the public all eligibility requirements to participate in the program plan set forth In said Exhibit A, attached hereto. If an allegation of damminabon occurs, CITY may withhold all further funds until SUB- GRANTEE can show by clear ala convincing evidence to the satisfaction of CITY that funds provided under this Agreement were not used In connection with the alleged discrimination. 23. DISCHARGE COORDINATION POLICY SUB -GRANTEE must develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for me discharge of persons from publicly funded institutions or systems of core (such as health care facilities, foster care or other youth faculties, or correctional programs and Institutions), in order to prevent such discharge from Immediately resulting In homelessness for such persons, as applicable. 24. EVALUATION CITY shall monitor and evaluate the performance of SUB -GRANTEE under this Agreement to detemrine to the best possible. degree the success or failure of the services provided under this Agreement and the adequacy of the program plan identified In Paragraph One (1) and Exhibit A of IIIIILII =01,111i F'm CA 4 6 7 8 4 10 11 12 ss 26 2] 28 this Agreement SUB -GRANTEE shall at any time during business hours, and as often as CITY deems necessary. make available for examination. Inspection, audit or copying all books and records, p c aining 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. 25. NEPOTISM Except by written consent of CITY, no person shall be employed by SUBGRANTEE 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 EXCLUSION -LOWER TIER COVERED TRANSACTIONS A. CITY and SUB -GRANTEE recognize that Fetleral assistance funds are being used under the terms of this Agreement. For purposes of this paragraph, SUB -GRANTEE will be Abashed to as the 'prospective recipient B. This certification Is required by the regulations Implementing Executive Order 12549, Debarment and Suspension. 29 Code of Federal Regulations (CFR) Part 98, section 98.510, Patlicipants'Responsdalities. 1) The prospective recipient of Federal assistance. funds certifies by entering this Agreement, that neither It nor its principals are presently debarred, suspended, proposed for debarment declared Inellglble, or voluntarily excluded from participation In this transaction by any Federal department or agency. 2) The prospective recipenl of Funds agrees by entering this Agreement, that it shall not knowingly enter Into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation In this covered traresadon, unless authorized by the Federal department or agency with which this transaction origlnaled. 3) Where the prespeetive recipient of Federal assistance funds is unable to ability to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 4) The prospective recipient shall provide immediate woman opera to CITY attoFFltesIJO Fm,b.G 1 2 3 4 5 6 l 8 9 to It 12 lI Fl i if at any time prospective recipient learns that Its codification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5) The prospective recipient further agrees that by entering into this Agreement, it will include a clause identical to this section entitled 'Certification Regarding Debarment Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions', in all lower der covered transactions and in all solicitations for lower tier covered transactions. 6) The certification In To section of this Agreement Is a material representation of fact Upon which CITY relied in entering into this Agreement. 27. LIMITED ENGLISH PROFICIENCY SU&GRANTEE shall provide interpreting and translation services to persons participating In SUB-GRJWTEE'a services that have limited or no English language proficiency, including services to persons who are deaf or blind Interpreter and translation services shall be provided as necessary to allow such participants meaningful access to the programs, services and benefts Provided by SUB- GRANTEE. Interpreter and translation services, Including translation of SUB -GRANTEE 's Vital° documents (those documents that contain Information that is cnliwl for accessing SUB-GRANTEE's services or are required by law) shall be provided to participants at no. Cost to me participant. SUB- GRANTEE shall ensure that any employees, agents, subcontractors. or partners who integral or rimester for a program participant, or who directly communicate with a program participant In a language other than English, demonstrate proficiency in the pahicipant's language and can effectively Communicate any specialized terms and concepts peculiar SUBGRANTEE'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 Matters covead by this Agreement SUBGRANTEE shall, upon request by CITY, permit CITY to audit and inspect all such records and data necessary, to ensure SUB -GRANTEE'S Compliance with the terms of this Agreement. If this Agreement exceeds Ten Thousand and Noll 00 Dollars ($t OAOO.00f, SUB -GRANTEE shall be subject to the examination and audit of the State Auditor General for a period of three (3) SvQiYOFFPESNp 1'mm.G 4 5 6 ] a 9 10 11 12 13 14 15 16 years after final payment under contract (Califomia Government Code section 9546.]I. 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 Central California Legal Servers Inc. Development Manager 1401 Fulton Street, Suite 700 City of Fresno Fresno California 93721 2600 Fresno Sbee1 Room 3070 Fresno, California 93721 Any and all notices between CITY and SUB -GRANTEE provided for or permitted under this Agreement or by law shall be in writing and shall be deemed duly served when personally released to one of the ponies or in lieu of such personal eervtce, when deposited In the United States Mall, postage prepaid addressed to such party. 39. 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 panels and all Interpretation and performance of this Agreement shall be governed In all respects by Ne laws of the State 0f California. 31. ENTIRE AGREEMENT This Agreement including all exhibits, CITY'a JOINT CITY/COUNTY Revised RFP, and SUB- GRANTEE's response thereto, constitutes the amid agreement between SUB -GRANTEE and CITY with respect to the subject matter hereof and supersedes all previous agreement negotiations, proposals, commitments, writings, advertisements, publications and understandings of any nature whatsoever unless expressly Induced in this Agreement. 21 mi OF Ini F,ei if 14 15 16 17 is 19 20 21 22 23 24 25 26 27 29 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. City of Fresno 2600 Fresno Street 2nd Floor Fresno Caloomia 93721 I Andrew T. Souza City Manager ATTEST: Rebecca E Klisch City Clerk BC- y:eputy Date 9/30109 WED AS TO FORM. C Sanchez V79 -A.-EIRR Central California Legal Services Inc. 1401 Fulton Street, Suite 700 Fresno, California, 93721 By. V" v Print Name(.h r15 SC.i'It IcLr TIIe EX ec U{'I 4JQ �IV'2Li EKY Attachments EXHBIT A. SCOPE OF WORK EXHBIT B'. BUDGET EXHBIT C. INSURANCE REQUIREMENTS EXHBIT D: Copy of HUD HPRP Docket No. FR -6307-N-01 & Copy of HUD HPRP Docket No. FR-5307�N-02 anoFFIRI Frnn. G