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r^�i�b� REPORT TO THE CITY COUNCIL AGENDA ITEM NO. 9:30.. 02A
COUNCILMEETING 9-24-09
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September 24, 2009 G^'
FROM: JOHN DUGAN, Director
Planning and Develapmenl Department
BY: CLAUDIA CAZARES, Managemi?&c0O-✓
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 RE -HOUSING
PROGRAM AS FUNDED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT; ADOPTTHE AMENDMENT TO THE FY 2008-2009 ANNUAL ACTION PLAN
TO INCLUDE THE AWARDS; AND AUTHORIZE CITY MANAGER TO SIGN ALL REQUIRED
IMPLEMENTING, AND CONTRACTUAL DOCUMENTS AS APPROVED TO FORM BY THE
CITYATTORNEY
RECOMMENDATIONS
Stell recommends that the City Council approve:
I ) the fwMing awards and the selecgon of subgrantees, to provide services as funded by the
Homeless Prevention and Rapid Re -Housing Program (HPRP) giant awarded by the U.S.
Department of Housing and Urban Development (HUD) to the City of Poland under the 2009
American Recovery and Reinvestment Act (ARRA), as follows: $118,915 to Central CelBomia
Legal Services: $278,318to AspiraNet $304,000 to Mailaree Mason Center, $398,385to
WestCare', $400,000 to Fresno CountyFOC; $258,301 to Angels of Grace Foster Family
Agency; $1,050,000 to the Housing Authority of the City of Fresno- Rapid Re -Housing; and
$250,000 to the Housing Authority of the City of Fresno- HMIS,
2) Adopt the amendment to the FY 2W8-2009 Annual Action Plan to Include the evi as
spelled above:
3) Authorize City Manager to sign all required implementing, and contractual documents as
approved to form by the City Attorney.
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IRT TO THE CITY COUNCIL
val and Award of HPRP Sub -Grantees
mber 24, 2009
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EXECUTIVE SUMMARY
In March 2009 the City was awarded a direct formula allocation of $3,130,746 in HPRP funds based on Out
annual receipt of MCKinney,Vento funds through the Emergency Shelter Grant (ESG) Program. The County of
Fresno also received a direct allocation of HPRP funtls. Since that time, the City has been working in
partnership with the County to administer a collaborative program for the expenditure of these funds. A joint
City/County Request for Proposals (RFP) was Issued on July 15. 2009. The agencies selected for funding are
Central California Legal Services, Aspil Madame Mason Center, WestCare for the San Joaquin Valley
Veterans project, Fresno County EOC Sanctuary, Angels of Grace Foster Family Agency, Housing Authority of
the Cily of Fresno for Rapid Re -Housing, and the Housing Authority of the City of Fresno for administration of
Me Homeless Management Informal Systems (MMIS). Services will be Provided over a three year term,
and the agencies will Provide assistance related to housing of persona at nsk of becoming homeless and
Persons that are currently homeless, as well as provide housing relocation and stabilization seoAces such as
case management and crack repair. The remaining $72,827 will utilized by City staff to provide program
administration over the three year period.
BACKGROUND
In response to the national economic crisis, President Obama and Congress passed the American Recovery 8
Revitalization Act (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 nations most vulnerable persons.
Through the American Recovery and Reinvestment AG 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 intendetl to provide homeless prevention services to households
threatened to become homeless, and to rapidly rehouse persons who are homeless.
In order to receive the federal funding, jurisdictions were required to submit an application to HUD in May
2009, and amend their Annual Action Plan to include the administration of HPRP funding. The City Counal
approved both on May 14. 2009_ As part of Council action, staff requested authorization 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 on July 15, 2009, with applications due on August 10, 209. Each eligible
application was reviewed by a team of City and County members, with assistance from the Fresno-Madem
Continuum of Care. The recommended agencies, Programs, and award amounts, for your approval are as
1. Central California Legal Services -$118.915, to Provide legal assistance related to housing panels
2. Aspirated - $278,318, to provitle housing area stabilization services to young adults aging out of faster
are
3. Marjaree Mason Center- $304,00, to provide housing and stabilization services to victims of domestic
violence
4. WestCare-$398,385. to provide housing and stabilization services to San Joaquin Valley veterans
5. Fresno County EOG - $40,000, to provide housing and stabilization services to individuals and
families
TO THE CITU COUNCIL
and Awad of HPRP Sub-Grantew
ar 24, 2009
8. Angela 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 Authody - $1,05,00, to provide housing and stabilization services to persons
who are currently homeless throughout the City
8. City of Fresno Housing Authority -$250,00, to Provide administration of HMIS
A last of $72,827 will be utilized by City staff to provide program administration over the three year period. A
Oat of the Ciry awards, and the corresponding County awards for these agencies, Is found in Exhibit A. In
sell the County will also be funding two County Departments for provision of services.
The implementation and administration of HPRP activities is set to commence on October 1, 2009 with fully
executed contracts required to be In Placa by September 30, 2009. Each contract will be for a term of one
year, with two year renewals contingent on sub -grantee Performance.
Programs to be funded through HPRP include: 1) short and medium term financial assistance, up to 3 months,
and 18 months, respectively, 2) utility payments, 3) moving coats, and 4) hotegmotel vouchers, for up to 30
days, If no appropriate shelter bads and rental housing can ba Identified. In support of Persons in need of
housing relocation and stabllbation services, the City of Fresno will require sub -grantees to provide intense
wrap around services through effective case management. Case Management services all Include: direct
outreach, housing and placement assistance; legal services and intervention, credit repair and protective
payee services, or linkages to mainstream supportive services.
Collaboredve efforts will continue with the FMCOC and the County of Fresno to ensure HPRP funds are
maxim¢ed using all resources including mainstream funding add services available to provide a seamless
winnow delivery system. As applicants and bene7wiaries of HUD Super kofa funding for Shelter, Shelter Plus
Care, and Supportive Housing Grants, the FMCOC can act as the conduct to identify existing homeless services
end grants received by partners of the group. Idenlificegon d the aforementioned information will allow the
City to identify gaps antl overlapping services to better disburse funding and impact the creation of long lasting
housing stablity for homeless persons and those at risk of becoming homeless. Additionally, local and county
collaboration is essential, as Me County has established menial health and other essential services, while the
target Population resides mainly main the CM limits. Collaboration will allow both governmental entities to
address increased homelessness that can arise because ot the existing economic climate antl is a key goal of
the City of Fresno and County of Fresno's 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 the day-to-day management of subgrantaft
The Housing and Community Development Division will work with the Budget and Management Studles
Division (BMSD) staff, which has responsibility for afar HUD entitlement programs and federal reporting
Funds for these awards are available in the Planning antl Development Department's PY 2009-2010
Budget.
Attachments: Exhibit A. List of Sut-Grantees and recommended funding levels for the City of Fresno
and the County of Fresno
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EXHIBIT A
HPRP FUNDING AMOUNTS AND AGENCIES
CITY OF FRESNO AND COUNTY OF FRESNO
CI
Coun
TOTAL
CalHrnml.e al8ervices
$118915
$29>29
$NB044
at
$2]8310
too 97a
$34]09)
e Mason Comer
$304,000
$9801q
1400 tI0p
m Callfomia-Veiomns
$398305
$390385
EM Sanctua
WHMIS-HousiAu�
$400000
$400000
of Grace Foster Famil en
$250301
$141133
$398434
Mta p' of Fresno
$1050000
$1050000
Housi Aut CI ICoun
250000
$150[00
$400000lbrihe
Ph foal Hanka ad
$231591
$231591
ANhcrites Fresno Count
MFntsno Coun
slutg0
$150000.
TOTAL
1 $3057819
$1094830
i $$152549
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AGREEMENT
THIS AGREEMENT is made and entered into this 25 day. of September 2009 (-Effective Date")
by atm between the CITY OF FRESNO, a municipal corporation of the State of California,
(hereinafter referred to as "CITY-), and Housing Authorities of the City and County of Frasno�
HMIS, a Public Housing Agency. (hereinafter referred to as -SUB -GRANTEE').
WITNESSETH:
WHEREAS, the CITY am the CITY's of Fresno's Planning and Development Department have
been designated as the sponsoring agency to administer and Implement the Homeless Prevention
and Rapid Re -Housing Program (HPRP) activities of CITY, in accordance. with the provisions of Tax
XII of the Federal American Recovery and Reinvestment Act of 2009 and the laws of the State of
California; and
WHEREAS, the United States Congress hes designated $15 billion for communities to provide
financial assistance and services to either prevent individuals and families from becoming homeless,
and to help those who are experiencing homelessness to be quickly re -housed and stabilized: and
WHEREAS, CITY submitteda. substantial amendment on May 18, 2009 to its Fiscal Year
2008-2009 Annual Action Plan to include appropriation of HPRP funding, and
WHEREAS, SUBGRANTEEhas submitted 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 XII of the Federal American Recovery and Reinvestment Act of 2009, and SUB-GRANTEE's
program plan has been approved by CITY.
NOW THEREFORE, In consideration of their mutual covenants and conditions, the parties
hereto agree as follows:
1. SERVICES
A. SUB -GRANTEE shall perform all services and fulfill all responsibilities as set
can in its program plan, attached hereto as Exhibit A, incorporated herein by reference and made part
26 of this Agreement.
r B. SUS -GRANTEE shall also perform all services and fulfill all responsibilities as.
28 identified In.loint City of Fresno I County of Fresno's Request for Proposal (RFP) No. Bari dated
UTT m`FRESNO
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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 / COUNTY Revised! RFP") and SUB=
GRANTEE'S response to said JOINT CITY /COUNTY Revised RFP, dated August 10, 2009, all
incorporated herein by reference and made part of this Agreement. In the event of any inconsistency
among these documents, the inconsistency shall n resolved by giving precedence In the following
order of poppy: 1) to this Agreement, including all Exhibits, 2) to the JOINT CITY/ COUNTY Revised
REP. 3) to the SUB -GRANTEES Response to the Revised RFP Acopycf JOINTCITY/COUNTY'S
Revised RFP, and SUB-GRANTEE's. response to the JOINT CITY/COUNTY Revised RFP shall be
retained and made available during the term of this Agreement by CITY.
C. SUB -GRANTEE shall perform all services following the HUG'S Notice of
Allocations. Application Procedures and Requirements for Homelessness Prevention and Rapid Re -
Housing Program Grantees under the Federal American Recovery and Reinvestment Act of 2009 as
released on March 19, 2009 (Docket No FR-5307-N,02)and the Corrected and Clarifications Notice
of June B, 2009 (Docket No. FR -5307-N-02 )
2. TERM
This Agreement shall became effective on the Effective Data and shall terminate on the 29th
day of September 2010. This Agreement shall be automatically extended for me (2) additional Naive
(12) month periods upon the Same terms and conditions herein set forth, unless written notice of non-
renewal Is given by SUB -GRANTEE CITY or City Manager or designee not later than sixty (60) days
prior to the close of the current Agreement period.
3. TERMINATION
A. Non -Allocation of Funds — The terms of this Agreement, and the services to be
provided thereunder. is contingent on rho approval of funs by the appropriating government agency.
Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
lemiinatn at any time by CITY by giving SUBGRANTEE thirty (30) days advance written notice.
B. Breach of Contract — CITY, may Immediately suspend or terminate this
Agreement in whole or in pad where In the determination of the CITY there is:
1) an Illegal or Improper use of funds,
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2) afailure to comply with any term of this Agreement;
3) a substantially incorrect or incomplete report submitted to CITY; or
4) improperly performed service.
In no event shall any payment by CITY constitute a waiver by CITY of any breach of this
Agreement or any default, which may then exist on the part of SUB -GRANTEE. Neither shall such
payment Impair or prejudice any remedy available to CITY with respect to breach or defaull. CITY
shall have the right to demand of SUBGRANTEEMe repayment to the CITY of any funds carousal
to SUB -GRANTEE under this Agreement, which In the judgment Of CITY were not expanded in
accortlance with the terms of this Agreement. SUB -GRANTEE shall promptly refund any such funds
upon demand or, at CITY'S sense; such repayment shall be deducted from future payments owing to
SUBGRANTEE under this Agreement.
C. Without Cause — Under circumstances other than those set forth above. this
Agreement may beterminated by CITY or SUB -GRANTEE upon the giving of thirty )30) days
advance written notice of an intention to terminate,
4. COMPENSATION I INVOICING
A, CITY agrees to pay SUB -GRANTEE and SUB GRANTEE agrees no 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 -GRANTEES performance of services under this
Agreement shall be home by SUB -GRANTEE If SUB -GRANTEE Should fall to comply with any
.provision of this Agreement, CITY shall be relleved of its obligation for further compensation.
Payments shall be made. by CITY to SUBGRANTEEin arrears, for surcease provided during
the preceding month Such payment by CITY shall the made within thirty days (30) days after the
date of receipt by CITY of a correctly completed involive in accordance with the provisions of this
paragraph, and shall be for actual expenditures incurred by SUBGRANTEEIn 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 to CITY on a
monthly basis by the tenth (10th)day of the month following the month of said expenditures In an
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invoice_ The invoice shall be in a form antl in such detall as acceptable to CITY.
SU&GRANTEE shall submit invoices to Claudia Cazares, City of Fresno Housing Manager, at
Claudia Cazarmadfresno nov
B. Changes to line items in the budget set forth in Exhibit B, attached hereto may
be made with the prior writen approval of CITY. Said budget line Item changes shall not result in any
change to the maximum compensation amount payable to SUB -GRANTEE, as stated herein.
C. Any Compensation not consumed by expenditures of SUB -GRANTEE by the
expiation ortermmation date of this Agreement shall be immediately repaid to CITY.
0. CITY shall not be obligated to make any payments under this Agreement if the
request for payment Is received by CITY more than sixty (60) days after the date of tammafion of this
Agreement or the date of expiration of this Agreement, whichever occurs first.
E. CITY'a failure to inform SUB -GRANTEE of any reporting requirements shall not
relieve SUB -GRANTEE of compliance with any HPRP reporting requirements.
E The following 'Required Expenditure and Program Progress Thashold' art
have been established to guide the SUB -GRANTEE in simctunng and scheduling their expenditure
of funds and program progress to determine performance beginning September 30, 2009 and each
September thereafter.
Milestone Oates l Grand Minimum Required Threshold
October, November; December 20% of Contracted Amount l Program Goals
V1 quarter
January, February, March W% of Contracted Amount l Program Goals
2n°quarter
Apnl, May. June 30% of Contracted Amount l Program Goals
3M quarter
July, August, September 100% of Contracted Amount l Program Goals
an quarter
5. INDEPENDENT CONTRACTOR
In performance of the work, duties, and obligations assumed by SUB -GRANTEE under this
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Agreement, it is mutually understood and agreed that SUBGRANTEE, 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 ad in an Independent capacity and not as an officer, agent,
servant, employee, joint venturer, partner, or assouate 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 SUB -GRANTEE Is performing its obligations in accordance with the terms and conditions hereof.
SUB -GRANTEE and CITY shall comply with all applicable provisions of law and the rules and
regulations, d any, of governmental authorities having jurisdiction over matters which are directly or
indirectly the. 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 relating to payment of SUB -GRANTEE'S employees, including compliance with Social
Secunty, withholding, and all other regulations governing such matters, Itis acknowledged that
during the tern of this Agreement SUB -GRANTEE may be pmvidag; swri 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 parties.
Nohvithstaniing the foregoing, where Itis determined by CITY that there is a need to make any
Manges in the project, fiscal procedures and systems, or the terms and conditions of this Agreement,
refusal by SUB -GRANTEE to accept the change is grounds for termination of this Agreement. Any
such change shall be Incorporated by written amendments to this Agreement and shall be approved
by the Fresno City Council.
T. NON -ASSIGNMENT
Neither party shall assign of transfer this Agreement nor their rights or duties under this
Agreement without the prior wagon consent of me other party,
aT'OF IrMyND
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8. INOE9sNIFICA11ION
To the furthest extent allowed by law, SUB -GRANTEE shall indemnify, hold harmless and
defend CIN and each of its officers, officials, employees, agents and authorized volunteers from any
and all loss, liability, Anes, parishes. forfeitures, costs and damages (whether In contract, 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 actions In law or equity (including reasonable allomey's hes 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
Me performance of this Agreement.
If SUB -GRANTEE should subcontract all or any portion of the services to be performed under
this Agreement, SUBGRANTEE shall require each subcontractor to indemnify, hold harmless and
defend CITY and each of its officers, officials, employees: agents and authorized volunteers in
accordance with the terms of the preceding paragraph.
This search shall survive termination or expiration of this Agreement.:
9. INSURANCE
A. Throughout Ne life of this Agreement, SUBGRANTEE shall pay for and
maintain In full force and effect all Insurance as required in Exhibit C or as may be authorized in
writing by CITY'S Risk Manager or insider designee at any time and in Maher sole deduction.
B, If at any time during the life of the Agreement or any extension, SUB -GRANTEE
or any of its subcontractors fail to maintain any required 'insurance in full force and effect, all services
and work under this Agreement shall be disicamnued immediately, and all payments due or Met
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 CIN pursuant to this section shall in
any way relieve SUBGRANTEE of Its responsibilities under this Agreement, The phrase hot to
maintain any required insurance' shall Include, without limitation, originated received by CIN that an
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insurer has commenced proceedings, or has had proceedings commenced against it, indicating that
the Insurer is Insolvent.
C. The fact that insurance is obtained by SUB -GRANTEE shall not be deemed to
release or diminish the liability. of SUB -GRANTEE including, without lmulabon, liability under the
Indemnity provisions of this Agreement. The duty to Indemnify CITY shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do not act as a
Ilmitatlon upon the amount of indemnification to be provided by SUBGRANTEEApproval or
purchase of any insurance contracts or policies shell in no way relieve from liability nor limit the liability
of SUB -GRANTEE Its prinapals, officers agents, employees persons under the supervision of SUB-
GRANTEE, vendors, suppliers, invitees, consultants, sub -consultants, subcontractors, or anyone
employed directly or Indirectly by any of them.
O. Upon request of CITY, SUR -GRANTEE shall immediately furnish CITY with a
complete copy of any insurance policy required under this Agreement, including all endorsements,
with said copy codified by the underwriter to be a true and correct copy of the original policy Thus
requirement shall survive expiration or termination of this Agreement.
E. If SUB -GRANTEE should subcontract all or any podum of the services to be
performed under this Agreement. SUBGRANTEEshall require each subcontractor to provide
surance protection in favor of CITY and each of its officers, officials, employees, agents and
aWhodzed volunteers in accordance with the laws of thissection, except that any required Certificates
and applicable endorsements shall be on fila with SUB -GRANTEE and CITY prior to the
commencement of any services by the subcontractor'
10. PUBLIC INFORMATION
SUB -GRANTEE shall disclose CITY, the County of Fresno, and the U S, Department of
Housing and Urban Development (HUD) as a funding source In all public information.
11. POLITICAL, RELIGIOUS AND LOBBYING ACTIVITY PROHIBITED
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A. None of the funds or services provided direslly or indirectly under this
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Agreement shall be used for any political activity, lobbying, or propaganda purposes designed to
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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 theelecton or defeat of any ballot measureor
candklate for public ofttce.
B. None of the funds or services provided directly or indirectly under this
Agreement shall be used for any religious activityincluding but not limited to religious worship,
instruction, or proselylization. or to purchase religious matenals.
C. SUB -GRANTEE shall not require those individuals or entities receiving the funds
r services, In whole or in pad, by this Agreement to attend or take part in any religious activities.
Furthermore. SUB -GRANTEE shall take reasonable steps to insure that functions or activities funded
herein are separate In time or In location from functions or activities that are inherently religious, such
s religious worship. instruction, or proselytuoson.
12. SUPPLEMENTAL SOURCES
SUB -GRANTEE shall not use any funds under this Agreement to the extent that there are any
other existing or contemplated funds available to SUBGRANTEEto be expanded for the same
services covered by this Agreement. SUBGRANTEE shall provide written notification and
explanation to CITY of any funds recei¢ed from another source to conduct the same services covered
by this Agreement within five (5) days of the rebetpt of such funds. Upon confirmation that SUB-
GRANTEE has reserved funds from any other source to conduct the same services covered by this
Agreement. CITY shall have the night 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 Title XII of the Federal American
Recovery and Reinvestment Act of 2009. SUB -GRANTEE must also comply with all applicable fair
housing and civil rights requirements in 24 CFR 5 105(a).
SUB -GRANTEE and any subcontractors shall comply with all applicable local State, Federal
laws, ordinances, regulations and Fresno City Municipal Code provisions applicable to the
performance of services.
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14. RECORDS, AUDITS AND INSPECTIONS
A. Record Establishment and Maintenance
SUB -GRANTEE shall establish and maintain records in accordance with those
requirements prescribed by CITY, with respect to all matters covered by this Agreement. SUB-
GRANTEE shall retain all fiscal books. account records, and confidential client files 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 audlls are completed for that fiscal year, whichever Is
later. Pursuant to State antl Federal law, it is the intent of the parties to this Agreement that the SUB-
GRANTEE shall be reimbursed for actual casts incurred to the performance of this Agreement not to
exceed the concept maximum but that no profit is to accrue to the SUB -GRANTEE on amount of
such performance.
B. Activity and Progress Reasons
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 but not limited to, a program
progress narrative, lob creation I retained by these funds, program performance . including the
number of unduplicated persons and households served, their status, type of housing services
provided, f andel information regarding funds expended In the prior month' Including total
expenditures made to date, reporting completed through HMIS, status of HMIS data input. SUB-
GRANTEE shall also furnish to CITY such statements, receipts, reports, data support documentation
and other Information as CITY may request pertaining to matters covered by this Agreement. Said
support documentation must indicate the line item budget account number to which Oe cost is
charged. In the event that SUB -GRANTEE fails to provide such reports or other information required
hereunder, it shall be deemed sufficient cause for CITY to withhold monthly payments until there is
compliance The monthly activity report shall be In a form and In such detail as prescribed and
acceptable to CITY City Manager or designee.
C. Snbe Audit IFederal Com Fir its Audit Requirements
1) If SUB -GRANTEE expends Five Hundred Thousand Dollars ($501
or more in Federal and Federal flow-through monies, SUB -GRANTEE agrees to conduct an annual
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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 latter 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 lake action to correct any
material non-compliance or weakness found as a result of such audit Such audit shall be delivered
to CITY, far review within three (3) months of the end of any fiscal year in which funds were
expended and/or received for the program. Failure to perform fine requisite audit functions as
reported 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 autllt, and may result in the inability of
CITY to enter Into future agreements with SUE GRANTEE. All audit costs. related to this Agreement
are the sale responsibility of SUB -GRANTEE. Audit work performed by CITY under this paragraph
shall be billed to SUBGRANTEEat CITY cost as determined by CITY.
2) A single audit report Is not applicable d all SUB -GRANTEE Federal
Contracts do not exceed the Five Hundred Thousand Dollars ($500,000) requirement If a single audit
is not applicable, a program audit must be performed and a program audit report with management
letter shall be submitted by SUBGRANTEEto CITY as a minimum requirement to attest to SU&
GRANTEE's solvency. Said audit reach shall be delivered to CITY for review no later than three (3)
months after the close of the fiscal year in which the funs supplied through this Agreement are
expended. Failure to comply with this Act may result in CITY performing the necessary audit tasks or
contracting with a qualified acceuntantto perform said audit All audit costs related to this Agreement
ata the. sole responsibility of SUB -GRANTEE SUB -GRANTEE agrees to take corrective action to
electrons any material noncompliance or weakness found as a result of such audit. Audit work
performed by CITY under this paragraph shall be bitted to SUB -GRANTEE at CITY cost as
determined by CITY
3) SUB -GRANTEE shall make available all records and accounts for
inspection by CITY, the State of California, the Comptroller General of the United States, the Federal
Grantor Agency, or any of their duly authorized representatives, at all reasonable times for a period of
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at least five (5) years following final payment under this Agreement or the closure of all other pending
matters, whichever is later.
15. HPRP Eliatbility and Reporting Reguirements
A. SUB -GRANTEE Is required to participate In the Fresno Madera Continuum of
Care (FMCoC). Participation is defined as attendance ata minimum of 75% of all FMCoC Director's
meetings.
B: CITY'S failure to inform SUB -GRANTEE that HPRP funds are provided under
this Agreement or of any reporting requirements shall not relieve SUB -GRANTEE of compliance with
any HPRP ellgibillty, and reporting requirements. SUBGRANTEEagrees, in accordance with Me
requirements of the HPRP Program, that ALL beneficiaries of SUB -GRANTEE a activities provided
under this Agreement must meet Na following minimum tribes
1) Any Individual or family provided with financial assistance through HPRP
must have at lead an initial consultation with a case manager or other authorized representative who
cain. determine the appropriate type of assistance to meet their needs.
2) The household annual income must be at or below 50% of the Annual
Area Median Income (AMI) as referenced in Exhibit E, Incorporated herein by reference and made
part of this Agreement. The AMI may change on a yearly basis and SUB -GRANTEE Is required to
use the most recent version as provided by CITY.
3) The household most be either homeless or at disk of lasing its housing
and meet both the following circumstances. (1) no appropriate subsequent housing options have
been Identified', AND (2) the household lacks the financial resources and support networks needed to
obtain immediate housing or remain In its existing housing.
C. For assistance under the Rapid ReHousingcategory, persons who are
homeless according the definition provided under the Department of Housing and Urban
Development (HUD), meet the minimum requirements aforementioned AND meet one of the following
criteria are eligible under the rapid re -housing portion of HPRP.
1) Sleeping in an emergency shelter',
2) Sleeping In a place not meant for human habitation, such as cars, parks,
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abandoned buildings, streets/sidewalks;
3) Staying in a hospital 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 institution;
4) Graduating from, or timing out of a transitional housing program', and
5) Victims of domestic violence.
SUB -GRANTEE Is expected to meet all other HERE requirements including providing an intake and
assessment of all clients. Completion of this assessment which may review risk factors being
homeless or becoming homeless and barriers to housing will assist the SUB -GRANTEE in idendfeng
the appropriate level of financial assistance. It 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 assistance
SUB -GRANTEE 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 clients for
eligibility and td help determine the appropriate level of service. This instrument Is being designed
with input from both jurisdictional staff and service providers and may be modified locally tb account
for specific local targeting priorities. This tool may be adjusted during the course of the contract period
and SUB -GRANTEE will be expected to Implement any modifications made t0 the tool during the
arse of the contract within the context of the program.
Provision will also be required to verify client household income, using the income verification
requirements and practices as provided by the CITY..
Once the client household has been assessed, SUB -GRANTEE will work with the client to develop
n appropriate housing and income stability plan. The plan will Identify steps that the household will
take to secure or stabilize their housing situation, ensure that household costs are covered with a
combination of Income and services for which the household may be eligible (such as food benefits.
training and/or employment services and subsidized child care), reduce the impact of utilities on the
household's budget, and other steps necessary to help the household achieve stable housing after
their padiclpafion In the program concludes_
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For the HPRP program; assessment and housing plan develgpment are considered case
management services. SUB -GRANTEE wi8 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 hotellmotels and storage or moving companies.
Based on theassessment of the household's needs, SUB -GRANTEE may autbodee a number of
forms of financial assistance. Financial assistance may include:
Rent arrears payments (up to 6 months)
Security deposit payments
Moving casts (ag. moving company, shod term storage of up to three months)
Short term rental assistance (up to 3 months)
Medium term rental assistance (4 to. 18 months)
Utility arrears payment (up to 6 months) -
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Utility concede
• Utility payment assistance (up to l8 months)
Hotel/Motel vouchers for up to 30 days, If no appropriate shelter beds are available and
subsequent rental housing has been identified but Is not Immediately available for move -in by
the program participants.
Rental assistance provided may not exceed rental costs accrued over the assistance period (i e.
short-term rental assistance may not exceed rental costs accmatl 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 the same cast
types that are being provided under another fedeal, state 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
participants receiving medium term rental assistance (4k18 months).
Use other resources first: The SUB -GRANTEE will be expected to ensure that Other
resources are tapped prior to committing HPRP funds he Mamal assistance.
16. Minimum Data Collection Requirements
A. SUBGRANTEEIs required to collect and report client level data in a database
comparable to the local HMIS run by the Fresno Housing Aut nines of the Cry and County of Fresno
through a MGU with the Fresno Madera Continuum of Care (FMCoC) or a data base that compiles
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With any special requirements which may devetoped by HUD for legal services or Domestic Violence
Powders. Reporting in a database comparable to HMIS is a requirement of HPRP funding. The
comparable database will be maintained by the SUBGRANTEE and used to collect data and report
on outputs and outcomes as required by HUD. SUB -GRANTEE is required to enter all client intakes,
provide regular updates and exit all Gllents once services are completed.
At'a minimum. SUB -GRANTEE must enter the fallowing information in the
comparable database for federal reporting purposes'
1) Name
2) Social Security Number
B) Date of Birth
4) Race
5) Ethnicity
6) Gender
7) Veteran Status
B) Disabling Condition
9) Residence Prior to Program Entry
10) Zip Code of Last Permanent Address
11) Housing Status
12) Program Entry Date
13) Program Exit Date
14) Personal Identification Number
15) Household Identification Number
10) Income and Sources
17) Non -Cash Benefits
18) Destination (where client will stay upon exit)
19) Financial Services Provided
20) Housing Relocation & Stabilization Services Provided
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CITY shall provide full reporting requirements as required by HUD under separate documental for
all actua rs.
IF SUB -GRANTEE is a legal services or domestic violence provider and requires client -level
information to remain confidential, and they will establish a comparable client -level database
internally to its organization (eg, no identifying data shared with the HMIS or the CITY and will
provide only aggregate data to the CITY as required SUB GRANTEES will work with the HMIS
administering agency, as an agent of the FMCoC, to determine that the alternative database meets
the standards fora comparableclient-level database, including compliance with the HM15 Data and
Technical Standards which are acceptable to HUD and the CITY.
B. All data elements specified above must he receded about each HPRP program
In the HMIS and the fields needed to correctly generate the HPRP performance reports are required
to be collected In rhe comparable database.
17. Donfidential'ty
All services pprtormed by SUBGRANTEEunder this Agreement shall be in shot
conformance with all applicable Federal. State of California armor local laws and regulations relafing
to confidenfiallty, 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 Ne address of locatlon of any assisted housing will not be made public,
except to the extend that the prohibition contradicts a preexisting privacy policy of the CITY.
18. Documentation
A. Service Documentation
SUBGRANTEEagrees to maintain records to verify services under this Agreement
including names and addresses of clients: served the date of service, and a description of services
provided on each occasion in accordance with paragraph 15(b) of this Agreement. These records
and any other SUB -GRANTEE document pertaining In whole or part to this Agreement, shall be
clearly identified and readily accessible to CITY on any other Slate or Federal agency performing a
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lawful audit or inspection of SUB-GRANTEE's snorer its services. In all other respects such records
shall be held by SUB -GRANTEE in conformance with all applicable Federal. State of California
andfor local laws and regulations relating to conftlentiality.
B. Cost Documentation
t) SUB -GRANTEE shall establish accounting and bogkkeeging
procetlures, in accordance with standard accounting and bookkeeping practices, including but not
lirmard W. employee time cards, payrolls, invoices, vouchers, orders, and other records of all
transections to be paid with HPRP funds In accordance with the performance of this Agreement.
2) SUB -GRANTEE shall cooperate fully with CITY, State and Federal
agencies, which shall have the right to monitor andaudit all work Performed under Nis Agreement
3) CITY shall carry SUBGRANTEE in writing within thirty (30) days of any
Potential State or Federal exception discovered during an examination. Where findings Indicate that
program requirements are not being met and State and Federal participation in this program may be
imperiled, failure to make the corrections by SUB -GRANTEE within thirty (30) days of written
notiication by CITY that corrections are needed, will justify termination at said Agreement in
accordance with Paragraph 3.13 of this Agreement.
4) SUB -GRANTEE shall also agree to on-site monitoring and personal
Intervi¢ws of .any program participants, or any of SUB-GRANTEE's staff and employees, by
appropriate CITY staff on at least quarterly basis.
19. EQUIPMENT
A. All items purchased with funds provided under this Agreement or which are
furnished to SUBGRANTEEwhich have a single unit cost in excess of Five Thousand Dollars
($5,000.00) including sales tax and have a useful lite of more than one (1) year shall be considered
capital equipment his to all Items of capital equipment purchased shall vest and will remain vested
In the City of Fresno SUBGRANTEEfurther agrees to the fallowing:
1) To maintain all Items of capital equipment in good working order and
condition, normal wear and tear excepted; and
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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 less or theft
of any Items of capital equipment. For stolen items, the local law enforcement agency must be
contacted and a copy of the polka 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 terms of the Agreement. No capital equipment shall be purchased during
the fourth (41") or last quarter of each tam of this Agreement. CITY may refuse reimbursement for
any costs resulting 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 parties to
carry out a confide of those services described in paragraph one(1)of this Agreement insofar as A
deems proper or efficient, any such subcontract shall be In writing and approved as to torte and
content by CITY prior to execution and implementation. Any such subcontract togeiberwlih all older
activities performed, or caused by SUB -GRANTEE, shall not allow compensation greater than the
total project budget contained In Exhibit B. attached hereto, for the services described herein. An
executed copy of any such subcontract shall be received by CITY before any Implementation and
shall be retained by CITY.
SUB -GRANTEE shall be responsible to CITY for the proper performance of any
subcontract Any subcontractor shall be subject to all of the same terms and conditions that SUB-
GRANTEE is subject to under this Agreement. No owner, partner, officer, or director of SUB-
GRANTEE shall have any direct monetary Interest in any subcontract maria by SUB -GRANTEE A
direct monetary Interest contrary to this Paragraph shell be deemed to exist, If an owner, partner,
officer. or director of SUB -GRANTEE also an owner, officer, or director of a compretion, association,
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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 or responsibility for
planning and carrying out of the services provided under this Agreement shall have any direct or
indirect personal financial Interest in this Agreement. SUB -GRANTEE shall comply with all Federal,
State and local congict 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. NONDISCRIMINATION
During the performance of this Agreement SUB -GRANTEE shell 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, mental status,
age or sex, pursuant to all applicable State and Federal statutes and regulations.
SUB -GRANTEE shall prepare and make available to CITY s City Manager and to the
public all eligibility requirements to participate in the program plan set forth in said Exhibit A, allachw
hereto.
If an allegation of discrimination occurs, CITY may withhold all farther funds and SUB-
GRANTEE can show by clear and convincing evidence to the satisfaction of CITY that funds provitletl
under this Agreement were not used In connection with the alleged discrimination.
23. DISCHARGE COORDINATION POLICY
SUB -GRANTEE must develop and Implement, to the maximum extent practicable and where
appropriate, policies and protocols for the discharge of persons from publicly funded Institutions or
systems of care such as health care facilities, foster care or other youth facilities, or connectional
programs and institutions), in order to prevent such discharge from immediately resulting in
homelessness for such persons, as applicable.
24. EVALUATION
CITY shall monitor and evaluate the performance of SUB -GRANTEE under this Agreement to
determine to the best possible degree Ne success or failure of the services provided under this
Agreement and the adequacy of the program plan Identified in Paragraph One (1) and Exhibit A of
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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 famished under the terms of this Agreement for the purpose of
and not limited to authorized review for fiscal and program audits.
25. NEPOTISM
Except by Written consent of CITY, no person shall be employed by 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-LOWERTIER COVERED TRANSACTIONS
A. CITY and SUBGRANTEE foregoes that Federal assistance funds are being
used under the terms of the Agreement. For purposes of this paragraph, SUB -GRANTEE will be
ordered to as the "prospective reciplent
B. This cedificalion is required by the regulations implementing Executive Order
12549. Debarment and Suspension, 29 Code of Federal Regulations (CFR) Part 9a. section 98.510.
Participants: Reaponsibiiifies.
1) The prospective recipient of Federal assistance funds clothes by
entering this Agreement that neither it nor its principals are presently debarred suspended
proposed for debarment, declared ineligible, or voluntarily excluded term participation in this
transaction by any Federal department or agency.
2) The perspective recipient of Funds agrees by entering this Agreement,
that It shall not knowingly enter into any lower tler covered fiansacfion with a person who is deberred.
suspended. declared ineligible, or voluntarlly excluded from participalion in this covered transaction,
unless authorized by me Federal department or agency with which this transaction originated.
B) Where the prospecilve recipient of Federal assistance funds is unable to
cedify to any of the statements in this certification, such prospective participant shall attach an
explanation to this Agreement.
4) The prospective reciplent shall provide immediate written notice to CITY
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R el any time prospective recipient learns that its confusion was erroneous when submitted or has
became erroneous by reason of changed circomstances.
5) The prospective recipient fanner agrees that by entering Into this
Agreement it will include a clause identical to this section entitled "Certihcadon Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Ter Covered Transactions", in
all lower tier covered transactions and in all solicitations for lower tier covered Iransacame.
6) The certification in this section of this. Agreement Is a material
representation of fact upon which CITY relied In entering Into this Agreement
27. IJMITED ENGLISH PROFICIENCY
SUBGRANTEE shall provide interpreting and translation services to persons participating in
SUB-GRANTEE's services that have limited or no English language proficiency, Including services to
persons who are deal or blind Interpreter and translation services shall tie provided as necessary to
allow such participants meaningful access to the programs. services and benefits provided by Sl1B-
GRANTEE . Interpreter and translation services, including Vanslabon of SUB-GRANTEE's "vital"
documents (those documents that contain Information that is cri lcal for accessing SUB -GRANTEE'S
services or are required by law) shall he provided to participants at no cast to the participant SUB-
GRANTEE shall ensure that any employees, agents, subcontractors, or panmere 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 effectively
communicate any specialized lentis and concepts peculiar to SUB-GRANTEE's services.
28. AUDITS AND INSPECTIONS
SUBGRANTEEshall at any time during business boors, and as often as CITY may deem
necessary, make available to CITY for examination all of Its records and data with respect to the
matters covered by this Agreement. SUB -GRANTEE shall, upon request by CITY, permit CITY 10
audit and inspect all such records and data necessary t0 ensure SUB -GRANTEE'S compliance with
Ne terms of this Agreement.
If this Agreement exceeds Ten Thousand and Noi 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)
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years after foal payment under contract (Callfomla Government Code section 85481).
29. NOTICES
The persons having authority to give and receive ochres under this Agreement and their addresses
include the following:
CITY SUB -GRANTEE
Housing and Community Housing Authority
City of Fresno 1331 Fulton Mall
2500 Fresno Street, Room 3070 Fresno, California 93721
Fresno, California 93721
Any and all notices between CITY and SUBGRANTEEprovided far 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 the United States Mail,
postage prepaid, addressed to such party.
30. GOVERNING IAW
The parties agree that for the purposes of venue, performance under Uls Agreement is to be
the County of Fresno, Callfomia.
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 the entire agreement between SUB -GRANTEE and CITY
with respect to the subject matter hereof and supersedes all previous agreement negotiations,
proposals, commitments, writings, advertisements , publications and understandmgs of any nature
whatsoever unless expressly included in this Agreement.
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WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.
y of Fresno .Housing Authority of the City and County of Fresno
00 Fresno Street 2nd Floor 1331 Fulton Mall
asno CalNomia 93721 Fresno. Cel9omia 93729
By �S
Andrew T. Souza Print Nama r( 1� rp0i1
City Manager Title'.-(JEWL4K 4lMp�
lacca E. Kitsch
epwyClark '/��
``Data g130/o9
'ROVED AS TO FORM.
les C. Sanchez
Attorney
�7/AI4-j?i
y mpancsi Perri iwwc
iC 6Y)w Date
The
Attachments EXHBITA'. SCOPEOFWORK
EXHBITB: BUDGET
EXHBIT C'. INSURANCE REQUIREMENTS
EXHBIT D:
Copy of HUD HPRP Docket No. FR -530]-N-01 8
Copy of HUD HPRP Docket Na FR -5307-N-02
Ull'OF HR NO
r.., cn