HomeMy WebLinkAboutFCEOC - Homeless Prevention - 2009cry
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r� uu"60 REPORT TO THE CITY COUNCIL AGENDA REM NO. 9:30am�2A
COUNCIL MEETING 9-24-09
M
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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.
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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
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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
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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
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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
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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.
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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
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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)
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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
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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
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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
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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
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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:
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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