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HomeMy WebLinkAboutFCEOC - Homeless Prevention - 2009cry CCEG�'01 r� uu"60 REPORT TO THE CITY COUNCIL AGENDA REM NO. 9:30am�2A COUNCIL MEETING 9-24-09 M omaR September 24, 2009 cin maaec FROM: JOHN DUGAN, Director Planning and Development Department 3Y: CLAUDIA CAZARES. Manageaa"& —� Housing and Community Development Division GREGORY BARFIELD, Homeless Policy and Prevention Manager SUBJECT: RECOMMEND APPROVAL OF FUNDING AWARDS AND SELECTION OF SUB -GRANTEES FOR THE CITY OF FRESNO'S HOMELESS PREVENTION AND RAPID REHOUSING PROGRAM AS FUNDED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT: ADOPT THE AMENDMENT TO THE FY 2008-2009 ANNUAL ACTION PLAN TO INCLUDE THE AWARDS: AND AUTHORIZE CRY MANAGER TO SIGN ALL REQUIRED IMPLEMENTING, AND CONTRACTUAL DOCUMENTS AS APPROVED TO FORM BY THE CITYATTORNEY Me City Council approve' 1) the funding awards and the selection of sub -grantees, to provide services as funded by the Homeless Prevention and Rapid Re -Housing Program (HERE) grant awarded by me U.S. Department of Housing and Urban Development (HUD) to the City of Fresno under Me 2009 American Recovery and Reinvestment AC (ARRA), as follows: $118.915 to Central California Legal Services; $278,318 to AspiraNetl $304,000 to Merjaree Mason Center; $398,385 to WestCare; $400,000 to Fresno County EOC; $258,301 to Angels of Grace Foster Family Agency; $1,050,000 to Me Housing Authority of the City of Fresno- Rapid Re -Housing; and $250,000 to the Housing Authority of Me City of Fresno- HMIS, 2) Adopt me amendment to he FY 2008-2009 Annual Action Plan to Include the awards as specified above; 3) Authorize Cry Manager to sign all Round implementing, and contractual documents as approved to form by the City Attorney. m,wadloctywwci 9 os _ .nrern� THE CITY COUNCIL Award of HPRP Sub -Grantees EXECUTIVE SUMMARY In March 2009 the City was awarded a direct formula allocation of $3,130,746 in HPRP funds based on our annual receipt of MCKinney�Vento funds through the Emergency Shelter Gram (ESG) Program. The County of Fresno also received a direct allocation of HPRP funds. Since Mat time, the City has been womirg in partnership with the County to administer a collaborative program for the expendgure of these funds. A joint City/County Request for Proposals (RFP) was Issued on July 15, 2009. The agencies "laded for funding are Central California Legal Services. AspiraNer Madame Mason Canter, WestCare for the San Joaquin Valley Veterans project, Fresno County EOC Sanctuary, Angels of Grace Foster Family Agency, Housing Authority of the City of Fresno for Rapid Re -Housing and Me Housing Authority of the City of Fresno for administration Of the Homeless Management Information Systems (HMIS). Services will be provided over a three year term, and the agencies will provide assistance related to housing of persona at dsk of becoming homeless and persons that are currently homeless, as well as provide housing relocation and stabiilzation services such as case management and cretin repair. The remaining $72,827 will utilbbed by City staff to provide program administration over the three year period BACKGROUND In response to the national economic costs, President Obama and Congress passed the American Recovery 8 Revitalumbon Ad (ARRA) that allocated approximately $750 billion to fund different programs and projects aimed at stimulating the economy. Included in the ARRA is $1.5 billion in funding that will be used to provide affordable housing, services, and jobs for the nation's most wlnerable persons. Through me Amoroso Recovery and Reinvestment Ad 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 $1,634,630, 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, junsdictions were required to submit an application to HUD In May 2009, and emend! their Annual Action Plan to include Me administration of HPRP funding. The City Council approved both on May 14, 2009. As part of Council action, staff requested individuation to collaborate with the 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 an July 15, 2009, with applications due on August 10, 2003. Each eligible application was reviewed by a team of City and County members, with assistance from the Fresno -Madera Continuum of Care. The recommended agencies. programs, and award amounts, for your approval are as follows: 1. Central California might Services - $118,915, to provide legal assistance related to housing needs 2. AspirsNet- $270,318, to provide housing and stabilization services to young adults aging out of foster care 3. Madame Mason Center - $304,000, to provide housing and stabousacon services to victims of domestic violence 4. WestCare-$398,385, to provide housing and stabilization services to San Joaquin Valley veterans 5. Fresno County ECC - $400,000, to provide housing and stabilization services to individuals and families CITY COUNCIL d of HPRP Sub-GraMees Page 3 S. Angels of Grace Foster Family Agency -$258,301 to provide housing and stabilization services to young women aging out of foster care 7. City of Fresno Housing Authority $ipW,OW, to provide housing and stabilization services to persons who are currently homeless throughout the City 8. City of Fresno Housing Authority -$250,000, to proved admmistraon of Hi A total of $72,827 will be unload by City stag to provide program administration over the three year period. A Hsi of the Clry awards, and the corresponding County awards for these agencies, is found in Exhibit A. In addition. the County will 2190 be funding Iwo 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 piece by September 30, 2009. Each contract will be for a term of one year, with had year renewals contingent on subgrantee performance. Programs to be funded through HPRP induce: 1) short and medium and financial assistance, up to 3 months, and 18 months, respectively, 2) utildy payments, 3) moving costs, and 4) hoteVmotel vouchers, for up to 30 days, H no appropriate shelter beds and rental housing can be Identified. In support M persons in need of housing relocation and stabilmalion services, the City of Fresno will require su"rantees to provide Intense wrap around services through effective case management. Case Management services will include. direct outreach, housing and placement assistance: legal services and Intervention, credit repair and protective payee services, or linkages to mainstream supportive services. Collaborative e8orls will continue with the FMCOC and Me County of Fresno to ensure HPRP funds are maximizetl using all resources including mainstream funding and services available to provide a seamless service delivery system_ As appliwnis and ben ificiades of HUD Superolofa funding for Shatter, Shelter Plus Care, and Supportive Housing Grants, the FMCoC can ad as me condult to identify existing homeless services and grants received by partners of the group. Identification of the aforementioned Information will allow the City to identify gaps and overtopping services to better disburse funding and Impact the creation of long losOtg housing stability for homeless persons and those at risk of becoming homeless. Additionally, Ideal and county collaboration Is essential, as the County has estabtished mental health and other essential semces, while the target PoWlation fences mainly within the City limits. Collaborafion will allow bom governmental entities to address Increased homelessness that can arse because of ma existing economic causes and Is a key goal of the City of Fresno and County of Fresno'a 10 Year Plan to End Chronic Homelessness. The Housing and Community Development Division will maintain direct program oversight for HPRP_ The City's Homeless Policy and Prevention Manager will oversee me day-to-day management of suGgrentis . The Housing and Community Development Division will work: with the Budget and Management Steel" Division (BMSD) staff, which has responsibility for other HUD entitlement programs and federal reporting requirements. FISCAL IMPACT Funds for these awards are available in the Planning and Development Department's FY 2009-2010 Adopted Budget. Attachments: Exhibit A: List of SubGrantees and recommended funding levels for me City of Fresno and the County of Fresno EXHIBITA HPRP FUNDING AMOUNTS AND AGENCIES CITY OF FRESNO AND COUNTY OF FRESNO one Ci Coun TOT Central Callfomis Le Se"� 5110,915 529 R9 3148,841 M'e[ $2]8318 Sfi95]9 $34]09] Me area Mason Center $304000 $80000 $4W 000 Weanare Cellkmle-Yelerem $398385 $390385 Fenno EOC Senctm $400000 5400,000 An eta of Grana FmW Faml one $350301 $141133 $399434 Housin AUtla' C of Frena $10500W $1050000 HMIS-Hous) Aurreei Ci ICoun 5250,00 $15000 $4W,Wa Ca Amos. for Me Ph ®I Handl ed $231591 31591 Housin AuthWhes Fresno Coun $328598 5228588 Wiaed Wa of Fresno.Coun 1W 000 515000 TOTAL $3087819 1 S1094,630 54152549 18 19 20 21 22 0 24 25 26 Y 2S of Ir AGREEMENT THIS AGREEMENT is made and entered Into this 25 day of September 2009 ('Effective Date") by and between the CITY OF FRESNO, a municipal corporation of the State of California, (hereinafter referred to as "CITY'), and FRESNO COUNTY ECONOMIC OPPORTUNITIES COMMISSION, a California Private Nan -Profit Organization, (hereinafter referred to as 'SUB- GRANTEE-) WITNESSETH: WHEREAS, the CITY and the CITY'a of Fresno Planning and Development Department have been designated as life sponsoring agency to administer and Implement the Homeless Prevention and Rapid Re4Housing Program (HERE) activities of CITY, in accordance with the provisions of Title XII of the Federal American Recovery and Reinvestment Act of 2009: and the laws of the State of Ca ffornia; am 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 becominghomeless, and to help those who are experiencing homelessness to be crossly be housed and stabl"i and WHEREAS, CITY submitted a substantial amendment on May 18, 2009 to. it's Fiscal Year 2008-2009 Annual Action Plan to Include appropriation of HPRP funding; and WHEREAS, SUBGRANTEEhas submlfted a program plan that will provide homeless prevention and/or rapid re -housing services consistent with the intent and purpose of said provisions of Title XI I of the Federal American Recovery and Reinvestment Act of 2009, and SUB -GR VNITI s program plan has been approved by CITY. NOW THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows. 1. SERVICES A. SUB -GRANTEE shall perform all services and fulfill all 2sponsibllifies as set 'aft In Its program plan, attached hereto as Exhibit A, incorporated herein by reference and made pad B. SUB -GRANTEE shall also perform all services and fulfill all responsibilities as 1- pIYOF FPESI� Fmm,G 1 2 3 4 6 7 8 9 IO 11 12 13 14 is 16 17 Is 19 20 21 n 23 24 25 26 V 28 identified in Joint City of Fresno I County of Fresno s Request for Proposal (REP) No. 9684728 dated 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 SUB - GRI response to said JOINT CITY (COUNTY Revised RPP, 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 CITY( COUNTY Revised RIFF, 3)to the SUB-GRANTEE's Response to the Revised RFP. Arnpyof JOINTCITYICOUNTY'S Revised! RFP, and SUBGRANTEESresponse to the JOINT CIFOCOUNTY Revised RFP shall be retained and made available during. the tens of this Agreement by CITY. C. SUBGRANTEE shall perform all services following the HUD'S Notice of Allocations, Application Procedures and Requirements for Homelessness Prevention and Rapid Be - Housing Program Grantees under the Federal American Recovery and Reinvestment Act of 2009 as released on March 19. 2009 (Docket No. FR -530R -N-02) and the Connected antl Clarifications Notice of June B. 2009 (Docket No. FR -5307-N-02 ) 2. TERM This Agreement shall became effective on the Effective Date and shall terminate on the 29th 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 forth, unless written notice of nom - renewal is given bySUB-GRANTEE, CITY or City Manager or designee, not later than sixty (60) days: Form to the close of the current Agreement period. 3. TERMINATION A, NonAllocationof Funds —The terms of this Agreement, and the services to be provided thereunder is contingent on the approval of funds by the. appropriating government agency. Should sufficient fonds not be allocated, the services provided may be reached, or this Agreement terminated at any time 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 there is -2. CITYCWHIM&I R cs& 2 3 4 5 6 A 9 10 11 12 fill loll 1) an Illegal or improper use of funds; 2) a failure to comply with any term of this Agreement; 3) asubstantially 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 SUS -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 funds disbursed to SUBGRANTEEunder this Agreement, which in the judgment of CITY were not expended in accordance with the terms of this Agreement. SUB -GRANTEE shall promptly refund any such funds upon demand pq at CITY's option', such repayment shall be deducted from future payments owing to SUB -GRANTEE under this Agreement. C Without Cause — Under circumstances other than those set forth above, this Agreement may be terminated by LILY or SUB -GRANTEE upon the giving of thirty (30) days advance written notice of an Internee to terminate. 4. COMPENSATION I INVOICING A. CITY agrees to pay SUBGRANTEE and SUB -GRANTEE agrees to receive compensation based on actual expenditures incurred by SUB -GRANTEE In accordance with the budget Identified 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 borne by SUB -GRANTEE. If SUB -GRANTEE should fail to comply wife 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 Me. Toroidal month. Such payment by CITY shall be made within thirty days (30) days after the date of receipt by CITY of a correctly completed invoice in accordance with the provisions of this paragraph, and shall be for actual expenditures mooned 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 be documented Yo CITY on a 1- (tFYOF FRESNO Fri 2 3 4 5 fJ 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 22 28 rponthly basisby the tenth (10th) day of the month following the month of said expenditures in an Invoice. The invoice shall be in a form and In such detail as acceptable to CITY. SUB -GRANTEE shall submit invoices to Claudia Cazares, City of Fresno Housing Manager, at Claudia. CazaresrAfresno go B. Changes to line items in the budget set forth In Exhibit B, attached hereto may be made with the after written approval of ClTY. Said budget line item changes shall not result in any change to he maximum compensation amount payable to SUB -GRANTEE, as stated herein. C. Any compensation not consumed by expenditures of SUB -GRANTEE by the expiration or narnmation date of this Agreement shall be Immediately repaid to CITY. D. CNY shall not be obligated to make any payments under this Agreement R the request for payment is received by CITY more than sixty(60)days after the date of terminal of this Agreement or the date of expiration of this Agreement, whichever occurs first. E CITY's failure to Inform SUB -GRANTEE of any reportng requirements shall not relieve SUB -GRANTEE of compliance with any HPRP reporting requirements. F. The following "Required Expenditure and Program Progress Threshold" crops have been established to guide the SURGRANTEEIn structural and scheduling their expenditure of funds and program progress to determine performance beginning September 30, 2009 and each September thereafter. Milestone Dates l Quarters Minimum Recall Threshold Coconut, November December 20% of Contracted Amount l Program Goals in quarter January, February, March 50% of Contracted Amount Program Goals 2n°gusher April, May. June W% of Contracted Amount/ Program Goals 3rd quarter July. August, September 100% of Contracted Amount/ Program Goals 4t' quarter 5. QIT �PRPSNJ Pmm,G 16 V 1111.1111 19 20 21 22 25 24 25 26 v 28 In performance of the work, duties, and obligations assumed by SUB -GRANTEE under this 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 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 its work and function. However, CITY shall retain the right to administer this Agreement so as to verify that SUBGRANTEE is performing Its obligations in accordance with the terms and conditions hereof. SNB -GRANTEE and CITY shall comply with all applicable provisions of law and the holes and regulations, d any. of governmental authorities having introduction over matters which are directly or indirectly 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, its employees all legally -required employee benefits. In addition, SUB -GRANTEE shall be solely responsible and hold CITY harmless from all matters rotating to payment of SUB-GRANTEE's employees, Including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the (am of this Agreement, SUS -GRANTEE may be providing services. to others unrelated to CITY or to this Agreement. 6. MODIFICATION This Agreement may be modified from time to time by the written consent of all the pertes- Notwithstanding the foregoing, where Itis determined by CITY that Mara is a need to make any changes in the project. fiscal procedures and systems, orthe 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 incorporated by written amendments to this Agreement and shall be approved by the Fresno City Council. ]. NON -ASSIGNMENT Neither party shall assign or transfer this Agreement nor their rights or duties under Mis +- GIYOFFFE>W Prseo,U 2 3 5 6 l 8 9 IO 11 12 13 14 15 16 1] IB 19 ]C 21 u v 24 B 26 V 28 Agreement without the prior written consent of the other parry B. INDEMNIFICATION To the furthest extent allowed by law, SUB -GRANTEE shall Indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and authorized volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contracl, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actionsin law or equity (including reasonable attorney'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 SUBGRANTEEshould subcontract all or any portion of the services to be performed under this Agreement, SUBGRANTEEshall require each subcontractor to indemnity, hold harmless and defend CITY and each of its others, officials: employees, agents and authorized volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination mexpiratton of this Agreement. 9. INSURANCE A. Throughout the life of this Agreement, SUB -GRANTEE shall pay for and maintain in full forceand effect all Insurance as required in Exhibit C or as may be authorized In writing by CITY'S. Risk Manager or hslher designee at any time and In his/her sole discretion'. B. If at any time during the his of the Agreement or any extension, SUBGRANTEE or any of its subcontractors fail to maintain any carried insurance In full force and effect, all services and work under this Agreement shall be discontinued immediately. and all payments due or that become due to SUB -GRANTEE shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY, Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement No action taken by CITY pursuant to this section shall In any way relieve SUBGRANTEE of its responsibilities under his Agreement. The phrase "fail to (1rvorrmrsrac) From. G 8 9 ID 11 12 11 14 15 16 17 is 19 20 21 22 2J 24 25 26 V 28 maintain any required insurance" shall include, without limitation, notification received by CITY that an 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 all the liability of SUB -GRANTEE, including, without IInno ton, liability under the indemnity previsions of this Agreement The duty to Indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. Tisa policy limits do not act as a limitation upon the amount of indemnification tobe provided by SUB -GRANTEE. Approval or purchase of any Insurance contracts or policies shall in no way 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, consultant, sub-consultnts, subcontractors, or anyone employed directly or indirectly by any of them. D. Upon request of CITY, SUB -GRANTEE shall immediately furnish CITY with a complete copy of any Insurance policy required under this Agreement. Including all endorsement, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive epaation or termination of this 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 officers, officals. employees, agents and authorized widowers In accordance with the terms of this section, except that any required cod'oicates and applicable endorsements shall be on file wan SUB -GRANTEE and CITY poor to the any services by the subcontractor.. 10. PUBLIC INFORMATION SUB -GRANTEE shall disclose CITY, the County of Fresno i and the U.S, Department of Housing and Urban Development (HUD) as a funding source in all public information. 11. -7. O' 01PIREM Frmn,G OVA 18 19 20 21 22 23 24 u 26 22 28 A. None of the funds or services provided directly or Indirectly under this Agreement shall be used for any political activity, lobbying, or propaganda purposes designed to support or defeat legislation pending before any legislative body, the Congress of the United States or the Legislature of the State of California or to further the election or defeat of any ballot measure or candidate for public off car - B: Nene of the funds or services provided directly or Indirectly under this Agreement shall be used for any religious activity, including but not limped to religious worship, Instmdion, or pmselytization, or to purchase religious materials. C. SUB -GRANTEE shall not require those indlvlduals or cables 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 tape 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 proselyllzs8on. 12. SUPPLEMENTAL SOURCES SUB -GRANTEE shall not use any funds untler this Agreement to the extent that there are any other exisang or contemplated funds available to SUB -GRANTEE to be expanded for the same services covered by I Agreement SUB -GRANTEE shall provide written notification and explanation to CITY of any funds received from another source to conduct the same services covered by this Agreement within five (5) days of the recaipl 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 the Homeless Prevention and Rapid Re -Housing Program under The XII of me 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 5.105(a). SUB -GRANTEE and any subcontractors shall comply with all applicable local, State. Federal -e- (SIY OF Fm=, m, ( A PA1 EPII 11 12 1} 14 15 16 17 III L: 20 21 22 D 24 25 26 1 E'1•II Cfll laws, ordinances. regulations and Fresno City Muntepal Code provisions applicable to fine performance of services. 14. RECORDS, AUDITS, AND INSPECTIONS A. Record Establishment and Maintenance SUBGRANTEEshall establish and maintain recordsin accordance with Mesa requirements pressured by CITY, with respect to all matters covered by this Agreement. SUB- GRANTEE shall retain all fiscal banks, account records, and confidential client Use 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 audits are completed for that fiscal year, whichever is later, Pursuant to State and Federal law, It is the intent of the parries to this Agreement that the SU& GRANTEE shall be reimbursed for actual costs Incurred in the performance of this Agreement not to exceed the contract maximum but that no front is to accrue to the SUB -GRANTEE on account of such performance. B- Activity and Progress Reports SUB -GRANTEE shall submit to CITY by the tenth (10") of each month, an activity report for the previous month as described by the CITY, but it shall Include bull not limited to, a program progress narrative, lob creation I retained by these funds, program performance . including he number of undupliczled persons and households served, their status, type of housing services provided, financial Infonnallon regarding funds expended in the prior month. including total expenditures made to date, reporting completed through HMIS, stems of HMIS data input. SUB- GRANTEE shall also furnish to CITY such statements, hardware, reports, data, support documentation and other information as CITY may request pertaining to matters severed by this Agreement. Said support documentation must Indicate the line item budget account number to which the cost is charged In he event that SUBGRANTEEfails to provide. such reports or chat information required hereunder, it shall be deemed sufficient cause for CITY to withhold monthly payments half there is. compliance The monthly activity report shall he in a form and In such detall as prescribed and acceptable to CITYs City Manager or designee, C. Single Audit 9federal Ca Ruffir Audit Rt a. (I'IYIY fPESNO Fmre,U 2 3 4 5 6 R 9 10 11 12 13 14 15 16 1] 18 19 20 21 22 v 24 F5 26 2] 28 1) If SUB -GRANTEE expands Five Hundred Thousand Dollars ($500,000) or more in Federal and Federal flow-through monies, SUBGRANTEEagrees to conduct an annual 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. SUB -GRANTEE shall submit said audit and management letter to CITY. The audit must include a statement of findings or a statement that there were no findings. If there were negative findings, SUB -GRANTEE must include a corrective action plan signed by an authorized individual. SUB -GRANTEE agrees to take action to correct any material non-compliance or weakness found as a result of such audit. 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 andlor received for the program. Failure to perform the requisite await 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 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 cast, as determined by CITY. 2) A single audit report is not applicable If all SUB -GRANTEE Federal cenbade do not exceed the Ewe Hundred Thousand Dollars ($500.000) requirement. If single audit is not applicable, a program audit must be performed and a program audit report with management leder shall be submitted by SUB -GRANTEE to CITY as a minimum requirement to attest to SUB- GRANTEE's solvency. Said audit report shall he delivered to CIN for review no later than three (3) months after the close of the fiscal year in which the funds supplied through this Agreement are expended Failure to comply with this Ad may result in CITY performing the necessary audit tasks or conlral with a qualified accountant to perform said autllt. All audit costs related to 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 cos, as determined by CITY. 3) SUBGRANTEEshall make available all records and accounts for -to- QttpFtAEstYr F"iu 15 1 16 17 Is 19 20 21 u Fal 24 25 26 27 za inspection by CITY, the State of California, the Comptroller General of the United States, the Federal Grantor Agency, or any of their duly authorized representatives. at a ll reasonable times for a period of at least Five (5) years following gnat payment under this Agreement or the closure of all other pending matters, whichever is later. 15. HPRP Eligibility and Reporting Requirements A. SUB -GRANTEE is required to par icipate in the Fresno Madera Continuum of Care (FMCoC), Participation is defined as attendance ata minimum of 75% of all Favi Director's meetings. B. CITY'a failure to inform SUB -GRANTEE that HPRP funds are provided under this Agreement or of any repim ng requirements shall not relieve SUBGRANTEE of compliance with any HPRP eligibility and reporting requirements. SUB -GRANTEE agrees, in accordance with the requirements of the HPRP Program. that ALL beneficiaries of SUBGRANTEEs, 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 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 Macau Income (AMI) as referenced in Exhibit E, incorporated herein by reference and made pail of this Agreement. The AMI may change an a yeady basis and SUB -GRANTEE Is requlred to use the most recent version as provided by CITY. 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 financial resourcesand 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 chime are eligible under the rapid demanding portion of HPRP: t,. l]iYOF FRE5h0 Fivm,G 1 2 3 6 2 B 9 10 11 12 13 14 1 15 16 IJ I8 19 20 21 n 23 24 25 26 D 28 11 Sleeping in an emergency shaker, 2) Sleeping in a place not meant for human habitation, such as cars, parks, abandoned buildings, streetslsideWa,ksl 3) Slaying in a hospbal or other Institution for up to 180 days but Was sleeping In an emergency shelter or other place not meant for human habitation immediately prior to entry Into the hospital or instiillion; 4) - Consul from, or iming out of a transitional housing program, and s) victims of domestic violence_ SUB -GRANTEE Is expected to meet all other HPRP requirements Including providing an Intake and assessment of all clients, Completion of this assessment which may review risk factors being homeless or becia log homeless and healers to housing will assist the SUB -GRANTEE In identifying the appropriate level of financial assistance, If any, and the appropriate mix of supportive services, No household may receive HPRP financial assistance unless they have been assessed by a case manager or other authorized representative to determine the appropriate type of incesparical SUBGRANTEE will be expected to utilize a risk assessment and targeting tool which shall be designed prior to program implementation. This tool will be used to assess potential islands for eligibility and to help determine theappropriate level of service. This instrument is being designed with input from both jurisdictional staff and service providers and may be motlifietl locally to account for specific tical targeting plantlea This tool may be adjusted during the course of the contract period and SUB -GRANTEE will be expected to Implement any modifications made to the tool during the course of the contract within the content of the program. Providers will also be required to verify client household income, using the income verification requirements and practices as provided by the CIN. Once the client household has been assessed SUB -GRANTEE will work with the client to develop an appropriate housing and Income stability plan. The plan will identify steps that Me household will take to secure or stabilize their housing siluation, ensure that household coals are covered with a combination of income and services for which the household may be eligible (such as food benefits, tinning and/or employment services and subsidized child care), reduce the impact of Allude on the 2 3 4 5 6 8 9 30 11 u 14 15 16 17 18 19 20 21 22 23 24 25 16 2] 28 household's budget, and other steps necessary to help the household achieve stable housing after their participation in the program concludes. Fm the HPRP program, assessment and housing plan development are considered was management services. SUB -GRANTEE will 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, SUB -GRANTEE may authorize a number of forms of financial assistance. Financial assistance may include. Rent arrears payments (up to 5 months) Security deposit payments Moving costs (a g, moving company, short term storage of up to three months) • Shad term rental assistance (up to 3 months) Medium term rental assistance (4 to 18 months) • Utility arrears payment (up toff months) • Utility deposits Utility payment assistance (up to 18 months) Hotel/Motel vouchers for up to 30 days. if no appropriateshelter bads are available and subsequent rental housing has been Ideal but Is not Immediately available for movicin by the program participants. Rental assistance provided may not exceed rental casts accrued over the assistance period (i.e. short-teml rental assistance may not exceed rental costs doomed over a period of 3 months), and rents must meet the HUD standard of rent reasonableness. Rental assistance payments may not be approved on behalf of eligible individuals or families for the same period of time and for me same cost types that are being provided under another federal, stale or local housing subsidy program. Mortgage assistance Is specifically excluded. No assistance. can be provided to any program participant for more than 18 months total. SUB -GRANTEE must certify eligibility at least once every 3 months for all program prudishness 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. it" A, SUB -GRANTEE Is required to collect and report client -level data In a database VTY(N FPESrW Fmm.G 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2] 28 comparable to the local HISS run by the Fresno Housing Authorities of the City and County of Fresno. through a MOU with the Fresno Madera Continuum of Care (FMCOC) or a data base that complies with any special requirements which may developed by HUD for legal semces or Domestic Violence provides. Reaching in a database comparable to HMIS Is a regmrement of HPRP funding. The comparable database will be maintained by the SUB -GRANTEE and used to collect data and report on oNputs and cutcvmes 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, SUBGRANTEE most enter the following information In the comparable database for federal reaching purposes'. 1) Name 2) Social Security Number 3) Date of Birth 4) Race 5) Ethnicity 6) Gentler 7) Veteran Status 5) Disabling Condition 9) Residence Prior o Program Entry 10) Zip Code of Last Permanent Address I1) Housing Status 12) Program Entry Date 13) Program Exit Date 14) Personal Identification Number 15) Household Identdicabon Number 15). Income and Sources 17) NonCashBenefits 18) Destinatlon(witare client will stay upon axil) 19) Financial Services Provided - 14(]TY' ae aImSNO lfw 28 20) Housing Relocation & Stabilization Services Provided CITY shall provide full reporting requirements as required by HUD under separate documentation for all providers. IFSUB-GRANTEEIs a legal services or deal violence provider and requires Giant -level information to remain confidential, and they will establish a comparable clanblevel database internally to its organization (eq no identifying data shared with the HMIS or the CITY and will provide only aggregate data to the CITY as required. SU&GRANTEE'S will work with the HMIS administering agency, as an agent of the not 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 the CITY. B. All data elements specified above must be recorded about each HPRP program In the HMIS and the fields needed to correctly generate the HPRP performance reports are required to be. collected in the comparable database. 17, ConfEentilliN All sere es performed by SUBGRANTEEunder this Agreement shall be In strict conformance with all applicable Federal, State of California anchor Ideal laws and regulations relating to confidentiality, including but not limited to, California Welfare and Institutions Code section 10850, California Business and Professions Code Section 6068 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 the 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 Documeotalon .SUB -GRANTEE agrees to maintain records to verity services under this Agreement Including names and addresses of clients served me data of earned, and a de enptlon 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 whole or pan to this Agreement, shall be 55- (IT(Or RESID is gym, G 11 2 1 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 V 28 clearly Identified and nasally accessible to CITY or any other Slate or Federal agency performing a 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, State of California and/or local laws and regulations relating to continentally. B. Cost Documentation 1) SUB -GRANTEE shall establish accounting and bookkeeping procedures, In Scandalous 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 HERE funds in accordance with the performance of this Agreement. 2) SUBGRANTEEshall 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 wribing within thirty (30) days of any potential State or Federal exception discovered during an examination. Where findings indicate that program requirements are net being met and State and Federal participation In this program may be. impelled, failure to make the corrections by SUB -GRANTEE within thirty (30) days of written migration by CITY that correctors are reacted. will lustry termination of said Agreement in accordance with Paragraph 3.B of this Agreement. 4) SUB -GRANTEE shall also agree to on-site monitoring and personal Interviews of any program participants, or any of SUB -GRANTEE'S staff and employees, by aPProPdete 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 ($5.00000) Including sales tax and have a useful life of more than one (1) year shall be considered capital equipment. Title tc all Items of capital equipment purchased shall vast and will remain vested In the City of Fresno SUB -GRANTEE further agrees to the following. 1) To maintain all items of capital equipment In good wonting order and condition, normal wear and tear excepted; and In GUY OF FRC5N0 Fmm.0 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 being used in accordance with procedures developed by CITY All such lists shall be submitted to CITY within 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 -GRANTEE'S service or activity under the leans of the Agreement No capital equipment shall be purchased during the fourth (41) or last quarter of each term of this Agreement. CITY may refuse reimbursement for any costs resulfing from capital equipment purchased, which are incurred by SUB -GRANTEE if prior written approval has not been obtained from CITY 20. SUBCONTRACTS If SUB -GRANTEE should propose to subcontract with one (1) or more third Cables to can 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 writing and approved as to form and Content by CITY pdor 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 contalned in Exhibit B. attached hereto, for the services described herein. An executed copy of any such subcontract shall be received by CITY before any implemantanon and shall be retained by CITY. SUBGRANTEE shall be responsible to CRY for the proper performance of any subcontract Any subcontractor shall be subject to all of the same terms and scrol ldns thatSUB- 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 bedeemed to exist it an owner, partner, officer , or director of SUB -GRANTEE also an owner, officer, or director of corporation, association, b- any n F FRESNO Frew, Ch 1 2 T 4 5 6i 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 or partnership subcontracting with SUB GRANTEE 21. CONFLICT OF INTEREST No officer, employee, or agent of CITY who exercises any function OF 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 peffortnance of this Agreement SUB -GRANTEE shalt not unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or sex, pursuant to all applicable Slate and Federal statutes add 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 0, attached hereto. If an allegation of discrimination occurs. CITY may withhold all further funds until SUB- GRANTEE can show by clear and convincing evidence t0 the satisfaction of CITY that funds provided untler this Agreement were not used in connection with she alleged discrimination. 23. DISCHARGE COORDINATION POLICY SUB -GRANTEE must develop and Implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health rare facilities, foster care or other youth facilities, or correctional programs and InstlWtions), in Order to prevent such discharge from immediately resulting In homelessness for such persons, as appilcable. 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 services provitletl under this Agreement and the adequacy of the program plan identified in Paregaph One (1) and Exhibit A of -t8. OIY OF ITESND Fevxu 21 8 9 10 11 l2 13 14 15 16 IJ 18 19 20 21 22 23 24 25 26 v 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. pertaining to the goods and services furnished under the. terms of this Agreement for the purpose of and not Inducetl to authorized rewowforflscal and program audits. 25. 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 EXCLUSION -LOWER TIER COVERED TRANSACTIONS A. CITY and SUB -GRANTEE recognize that Federal assistance funds are being used under the terms of this Agreement. For purposes of this paragraph, SUB -GRANTEE will be referred to as fine 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, ParticipantsResponsibilities, 1) The prospective recipient of Federal assistance funds codifies by entering this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from participation In this transaction by any Federal department Or agency. 21 The prospective recipient of Funds agrees by entering this Agreement, that It shall not knowingly enter into any lower tier covered transaction Win a person who is debarred, 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 he certify to any of the statements in this certifi2tion, such prospective participant shall attach an explanation to this Agreement. 4) The prospective recipient shall provide immediate written notice to CITY 19 QIYOF1'REI FasogU 7 ■:s 9 10 31 12 13 14 15 16 17 18 19 20 21 22 23 24 zs 26 27 28 it at any time prospective recipient learns flat its certification 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-Ceirification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions",in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6) The certification in Reis section of this Agreement is a material representation of fact upon which CITY felled in entering into this Agreement. 27. LIMITED ENGLISH PROFICIENCY SUB -GRANTEE shall provide interpreting end translation services to persons participating In SUB-GRANTEE's services flat 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 benefits provided by SUB- GRANTEE, Interpreter and translation services, including translation of SUB -GRANTEE'S "vital" documents (those documents that contain Information that Is critical for accessing SUB-GRANTEE's services or are required by law) shell be provided to participants at no cost to the pamcipam SUB- GRANTEE shall ensure that any employees, agents, subcontractors, or partners who interpret or translate for a program participant, or who directly communicate with a program participant In a language other than English, demonstrate proficiency In the participant's language and can aHepfively communicate any specialized terms and concepts peculiar W SUB-GRANTEE's services_ 28. AUDITS AND INSPECTIONS SUBGRANTEE shall at any timeduring business hours, and as often as CRY may deem necessary, make available to CITY for examination all of Its records and data with respect to the matters covered by this Agreement. SUB -GRANTEE shall, upon request by CITY, permit CITY to audit and Inspect all such recordsand data necessary W ensure SUBGRAMEE's compliance with the terms of this Agreement. If this Agreement exceeds Ten Thousand and Noll 00 Dollars ($10.000.00). SUB -GRANTEE shall be subject to the examination and audit of the State Auditor General for a period of three (3) ID. UIY OF FRESTb Fwxx. G 13 years after final payment under contract (California Government Code section 8546.7). 29. NOTICES The persons having authority to give and receive notices under this Agreement and their addresses include the following: CITY 5U6 -GRANTEE Housing and Community Fresno County EOC Development Manager 1920 Mariposa Mall, Suite 300 "of Fresno Fresno California 93721 2600 Fresno Street, Room 3070 Fresno, California 93721 Any and all notices between CITY and SUBGRANTEE prodded for or permitted under this Agreement or by law shall be in writing and shall be deemed duly served when personally delivered to one of the parties, or in lieu of such personal service, when deposited in fine Union States Mail. postage prepaid, addressed to 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 the 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 Ne entire agreement between SUB -GRANTEE antl CITY with respect to the subject matter hereof and superseded all previous agreement negotiations, proposals, commitments, will advertisements. publications and understandings of any nature whatsoever unless expressly included in this Agreement. .21. aTroF.F41swo Fmro G 2&I IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. City of Fresno 2600 Fresno Street, 2nd Floor Fresno California 93721 By: AndrewT Souza City Manager E. Kisch Clerk v� Beputy Date 1/301a9 APPROVED AS TO FORM: James C Sanchez City Attorney By: W 47 -30 -ay eKM. Tet -t I'rs XXXXXX Date Title Fresno County Economic Opportunities Commission 1920 Mariposa Mall, Suite 300 Fresno Calif 393721 BY: j A Part Yens oge p P mina Tilde: tEx vtive Direomr Attachments EXHBIT A: SCOPE OF WORK EXHBIT Bt BUDGET EXHBIT C. INSURANCE REQUIREMENTS EXHBIT D: Copy cf HUD HPRP Dnckel No. FR -5307-&01 a 3- CI YOFFPESNU Fmm,G