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HomeMy WebLinkAboutHousing Authorities - Homeless Prevention - 2009r^ory 01 REPORT TO THE CITY COUNCIL AGENDAITEMNO. 9:30am�2A COUNCIL MEETING 9.24-09 roe September 24, 2009 cr wm, FROM: JOHN DUGAN, Director Planning and Development Department BY: CLAUDIA GAZARES, Manageapa� Housing and Community Development Division GREGORY BARFIELD, Homeless Policy and Prevention Manager SUBJECT: RECOMMEND APPROVAL OF FUNDING AWARDS AND SELECTION OF SUB -DRAWEES FOR THE CITY OF FRESNO'S HOMELESS PREVENTION AND RAPID RE -HOUSING PROGRAM AS FUNDED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; ADOPT THE AMENDMENT TO THE FY 200&2009 ANNUAL ACTION PLAN TO INCLUDE THE AWARDS; AND AUTHORIZE CITY MANAGER TO SIGN ALL REQUIRED IMPLEMENTING, AND CONTRACTUAL DOCUMENTS AS APPROVED TO FORM BY THE CITY ATTORNEY the City Council approve: 1) the fuMing awards and the selection of subgrarrees, to provide services as funded by the Homeless Prevention and Rapid Re -Housing Program MPRP) gram awarded by the U.S. Department of Housing and Urban Development (HUD) to the City o/ Fresno under the 2009 American Recovery and Reinvestment Act (ARRA), as ichors: $118,915 to Central CalRornia Legal Services; $278,319to AspiraNet: 8304,000 to Marlaree Mason Center, $398,385to WestCare; $400,000 to Fresno County EOC; $258,301 to Angels of Grace Foster Family Agency; $1,050,000 to the Housing Authority of the City of Fresno- Rapid RaHousing: and $250,000 to the Housing Authority of the City ct Fresno- INKS, 2) Adopt the amendment to the FY 2008-2009 Annual Action Plan to Include he awards as speeffled above; 3) Authorize City Manager to sign al required fmplemenfing, and contractual documents as approved to form by the City Attorney. Pmemtl to cp Vz1 kq WPo_ snmanw 0 THE CITY COUNCIL rd Award of HPRP Sub -Grantees 24,2009 Page 2 EXECUTIVE SUMMARY In March 2009 the City was awarded a direct formula allocation of $3,130,748 in HPRP funds based on our annual receipt of McKinney -Veno funds through the Emergency Shelter Grand (ESC) Program. The County of Fresno also received a direct allocation of HPRP funds. Since that time, the City has been warding in paMership with the County to administer a collabondive program for the expenditure of these funds. A joint City/Counly Request for Proposals (RFP) was issued on July 15, 2009. The agencies selected for funding are Central California Legal Services, AspiraNet, Madame Mason Center, WestCare for Me 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 the Housing Authority of the City of Fresno for administration of the Homeless Management Information Systems (HMIS). Services will be provided aver a three year tern, and me agencies will provide assistance related to housing of persons at tisk of becoming homeless and persons that are currently homeless, as well as provide housing relocation and stabilization services such as case management and credit repair. The remaining $72,827 will utilized by City staff to provide program administration over the three year period. In response to the national economic crisis, President Obama and Congress passed me American Recovery a Revisionism 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 provbe affordable housing, services, antl jobs for the nation's most Whereble persons. Though the American Recovery and Reinvestment Act of 2009 (ARRA) the City of Fresno was awartled over $3.13 million of funding under the Homeless Prevention and Rapid Re -Housing Program (HPRP). The County of Fresno recaived $1,838030. HPRP u intended to provitle homeless prevention services to households threatened to became homeless, and to rapidly re -house pensions who are homeless. In order to receive Ora federal funding, jurisdictions were required to submit an application to HUD In May 2009, and amend their Annual Action Plan to Include the adminisbabon of HPRP funding. The City Cound approved both on May 14, 2009. As Part of Council action, staff requested authorization to collaborate with IN County of Fresno In Iswing a Joint Request for Proposals (RFP), and partner with Me County b administer a regional approach and provitle seamless programming and services under HPRP, The Joint RFP was issued on July 15, 2009, with applications due on August 10, 2009. Each eligible application was reviewed by a team of City and County members, with assistance from the Fresno -Madera Continuum of Care. The recommendetl agencies, programs, and award amounts, for your approval are as 1. Central California Legal Services - $118,915, to provide legal assistance related to housing needs 2. AspiraNet - $278,318, to provide housing and stabilization services to young adults aging out of foster care 3, Militaries Mason Center- $304,000, to provide housing and stabilizabon services to victims of domestic violence 4. WestCare-$398,385, to provide housing and stabilization services to San Joaquin Valley veterans 5. Fresno County EOC - $400.000, to provide housing and stabilization services to individuals and families TO THE CITY COUNCIL and Award of HPRP Sub -Grantees sr 24, 2009 Page 3 6. Angels of Grace Foster Family Agency - $258,301 to Provide housing and stabilization services to young women aging out of faster are 7. City of Fresno Housing Authority -$1,05.000, to Provide housing and stabilization services to persons who are currently homeless throughout Me City 8. City of Fresno Housing Authority - $250,00W, to provide administration of HMIS A teal of $72,827 will be utilized by City staff to provide program administration over the three year period. A list of the City awards, and the Corresponding County awards for these agencies, is found in Exhibd A. in addition, the County will also be funding two County Departments for provision of services. The implementation and administration of HPRP activities Is set to commence on October 1, 2009 with fully executed Contracts required to be In place by September 30, 2009. Each Contract will be for a term of one year, with two year renewals contingent on subgrantee performance. Programs to be (united through HPRP include: 1) shad and medium ami financial assistance, up to 3 months, and 18 months, respectively, 2) utility payments, 3) moving Costs, and 4) hotel vouchers, for up to 30 days, H no appropriate shatter beds and rental housing Can be identied. In support of persons in need of housing relocation and stabilization services, the City of Fresno will require subgrantess to Provide Intense swap around services through affective Case management. Case Management services will include: direct outreach, housing and placement assistance; legal services and intervention, credit repair and socia lve payee services, or linkages to mainstream supportive services. Collaborative efforts will Continue with the FMCoC and be County of Fresno to ensure HPRP funds are maximized using all resources including mainstream funding and services available to provide a seamless service delivery system. As applicants and bene0dades 0 HUD SuperNofa funding for Sheller, Shelter Plus Care, and Supportive Housing Grans, the FMCOC can act as the Conduit 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 overlapping services to better disburse funding and impact Me creation of long lasting housing stability for homeless persons and those at risk of becoming homeless. Additionally, locel and county whi boagon is essential, as the County has established mental health ai other essential services, while the sgel population resides mainly within the City limits. Collaboration will allow both governmental entities to address increased homelessness Mat can arise because of the existing eamomlc dimate 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 Cr ya Homeless Policy and Prevention Manager will oversee the dayAc-cay management of subyranteea. The Housing and Community Development Division will work with the Budget and Management Studies Division (Ell staff, which has responsibility for other HUD embossment programs and hal l reporting requirements. 98CALIMPACT `unds for these awards are available in Me Planning and Devetcpment Department's FY 2009-2010 Adopted 3udget. Exhlbit A. List of Sub -Grantees and recommended funding levels for the City of Fresno and the County of Fresno Ly:/:IIS1/1 HPRP FUNDING AMOUNTS AND AGENCIES CITY OF FRESNO AND COUNTY OF FRESNO Anency Ci Goon TOTAL CitralC IlfmiaL al Services $118,915 $29729 $148844 As aNel $270.318 $8999 $30897 MwIgrae Macon Caller $304000 $98000 1100000 WeslCare CallfomiaVeterans $398305 $390385 Frt oEOC Sanctum $400,000 $400000 H of Grace Foster FamA $250301 $141133 $399434 Hausin AuM Ofty of Fr m $1050000 $1050000 HMIS - H mm Autharty CWCounly $250000 $150000 $400000 Ce.A mbtm physirally Hawlwppwi $231,591 $231,591 HmWna AW90 sFresno County $225590 $220598 Un0ee WaY of Fresno County $150000 $150000 TOTAL 1 $3057819 $1004,830 1 11152549 Ib t] is L9 20 21 22 23 24 25 26 27 28 cm or menu asew„e,Tin..anan 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 Housing Authorities of the City and County of Fresno. (Homeless Prevention and Rapid Re -Housing). a Public Housing Agency (hereinafter referred to as'SUB-GRANTEE"). WITNESSETH: WHEREAS, the CITY and the CITY's of Fresno 5 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 Title XII of the Federal American Recovery and Reinvestment Act of 2009 and me laws of the State of California: and WHEREAS, the Cured States Congress has designated $1.5 billion for communities to provide financial assistance and services to either prevent individuals and families from becoming homeless, and to help those who are experiencing homelessness to be quickly re -housed and stabilized: and WHEREAS, CITY submitted a substantial amendment on May 18, 2009 to Its Hscal Year 2008-2009 Annual Action Plan to include appmpnation of HERE funding: and WHEREAS, SUBGRANTEE has 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 xll of the Federal American Recovery and Reinvestment Act of 2009, and SUB -GRANTEES program plan has been approved by CITY. NOW THEREFORE, in consideration of their mutual covenants and comforris, the paries hereto agree as follows. 1. SERVICES A. SUBGRANTEEshall pension all services and fulfill all responsibilities as set arm in its program plan, attached hereto as Exhibit A, incorporated herein by reference and made part B. SUB -GRANTEE shall also perform all services and fulfill all responsibilities as t]IYOFF'NESNO Frtrno, G 20 21 n 2.3 24 25 26 27 28 Identified in Joint City of Fresno I County of Erosion's Request for Proposal (RFP) No. 962-4728 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 t0 as "JOINT CITY I COUNTY Revised RFPh 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, me Marshatatency shall be resolved by giving precedence in the following order of nearby'. 11 to this Agreement, including all Exhibits, 2) to the JOINT CITY( COUNTY Revised RFP, 3) to the BUB -GRANTEES Response to the Revised RFP A copy of JOINT CITY I COUNTY'S Revised RFP, and SUB-GRANTEE's response to the JOINT CITY/COUNTY Revised RFP shall be retained and made available during the term of this Agreement by CITY. C, SUB -GRANTEE Shall perform all services following the HUD'S Notice of AllocattOre. Application Precedence 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 8, 2009 (Docket No. FR -530]-N-02 f 2. TERM This Agreement shall become effective on the Effective Date and shall terminale on the 29th day of September 2010. This Agreement shall borautomatically extended for two (2) adnderer twelve (12) month pe(mtls upon the same leans and conditions herein set fern; 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 Perot. 3. TERMINATION A. Nan -Allocation of Funds -The terms of this Agreement, and the services to be provided thereunder is contingent on the approval of funs by the appropriating govemment agency. Should sufficient funds not be allocated, the services provided may be modified, or this Agreement terminated 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 whale or In pan where in the delenmination of the CITY there is: z. Hill ri r"W. G 5 1) an Illegal or improper use of funds, 2) a failure to comply with any term of this Agreement; 3) a substantially Incorrect or Incomplete roped 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 pad of SUB GRANTEE Neither shall such payment impair or prejudice any remedy available to CITY with respect to breach or default CITY shall have the right to demand of SUB -GRANTEE the repayment 10 the CITY of any funds disburses to SUB -GRANTEE under this Agreement, watch In the judgment of CITY were not expanded in accordance with the terms of this Agreement. SUB -GRANTEE shall promptly refund any such funds upon demand or. at CITY's option, such repayment shall be deducted from future payments owing to SUB -GRANTEE under this Agreement. C. Without Caus - Under circumstances other than those set forth above, this Agreement may be terminated 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 SUBGRANTEEagrees b 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 home by SUB -GRANTEE If SUB -GRANTEE should tail to comply with any provision of this Agreement CITY shall be relieved of its obligation for loaner compensation Payments shall be made by CITY to SUB -GRANTEE in arrears, for services provided during Ne preceding month. So& payment by CITY shall be made within thirty days (30) days after the dale 0f receipt by CITY of a correctly completed invoice In accordance with the provisions 01 this paragraph, and shall be for actual expenditures incurred by SUB-GRANTEEin accordance with Exhibit B. Payments. shall be made after receipt and verification of actual expenditures Incurred by SUB -GRANTEE In the. peRonnance of this Agreement and shall be documented to CITY on a t. aryormcsw 10 11 12 13 14 15 16 17 18 19 20 21 D 23 24 25 2b 27 28 monthly basis. by the tenth (101h) day of the month following the month of said expenditures in an Invoice. The invoice shall be In a form and in such detall as acceptable to CITY. SUB -GRANTEE shall submit invoices to Claudia Games, City of Pursue Housing Manager, at Claudia Cazares0fresno gov B. Changes to him Items In the budget set forth In Exhibit B. attached hereto may be made with the prior written approval of CITY. Said budget He 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 expiration or termination date of this Agreement shell be immediately repaid to CITY. D. CITY shall not be obligated to make any payments under Ihis Agreement if the request for payment is received by CITY more than airy(60)days after the date of termination of this Agreement or the date of expiration of this Agreement whichever Occurs first. E. CITY's failure to inform SU&GRANTEE of any reporting requirements shall not relieve SUB -GRANTEE of compliance with any HPRP reporting requirement. F. The following "Required Expenditure and Program Progress Threshold criteria have been established t0 guide the SUB -GRANTEE in structuring and scheduling their expenditure of funds and program progress to determine performance beginning September 30, 2009 and each September thereafter. Milestone Dates/Quarters Mimmum Required Threshold October November. December 20% of Contracted Amount/Program Goals to quarter January. February, March 50% of Contracted Account t Program Goals 2n' quarter April. May, June 80% of Contracted Amount )Program Goals Bud quarter July, August, September 100% of Contracted Amount/ Program Goals 4!h quarter 5. 4- C]rrol+1placdW Fnw U 10 Il 12 13 14 15 16 V 18 19 2C 21 22 23 24 25 26 22 1 W.11 In performance of the were duties, and obligations assumed by SUB -GRANTEE under this Agreement, it Is mutually understood and agreed (hat SUB -GRANTEE, Including any and all of SUB- GRANTEE'e 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, pa Mer, or associate of CITY. Furthermore, CITY shall have no right to control. supervise or direct the manner or method by which SUBGRANTEEshall perform Its work and function. However, CITY shall retro the right to administer this Agreement so as to verify that SUB GRANTEE Is performing Its obligations In accordance with the terms and conditions [latest. SUBGRANTEEand CITY shall comply wlth all applicable provisions of law and the rules and regulations, It 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, SUBGRANTEEshall have absolutely no right to employment rights and benefits available to CITY employees. SUBGRANTEEshall be solely liable and responsible for providing to, or on behalf of, Its employees all legally equired 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. Ills acknowledged that during the term of this Agreement SUBGRANTEE 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 women consent of all the parties_ Notwithstanding the foregl where itis determined by CITY that there is a reed to make any changes In the project, fiscal procedures and systems, or the terms and egndimons 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 he approved by the Fresno City Council. T. NON -ASSIGNMENT Neither party shall assign or transfer this Agreement nor their rights or duties under [his oTr wexesnn rmw, cn L'1 to 22 NO Agreement without the prior wanton consent of the other party. & 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 read any and all loss, liability, Imes, penalties, forfeitures. oasts and damages (whether In contract tort or strict liability, Including but net limited to personal injury, death at any time and property damage), and from any and all claims. demands and sellers In law or equity (including reasonable attorneys fees and litigation expenses) that arise out of pertain to, or relate to the negligence, recklessness or willful misconduct of SUB GRANTEE. its principals, officers, employees, agents or authorized volunteers in the performance of this Agreement - If SUB -GRANTEE should subcontract all or any portion of the services to be performed under this Agreement. SUB -GRANTEE shall require each subcontractor to indemnity, hold harmless and defend CITY and each of itsofficers, officals, employees, agents and authorized volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 9. INSURANCE A. Throughout the life of this Agreement, SUB -GRANTEE shall pay for and maintain in full force and effect all Insurance as required In Exhibit C or as may be authorized In writing by CITY'S Risk Manager or his/her designee at any time and In his/her sole discretion. B. If at any time during the life of the Agreement or any extension, SUB -GRANTEE or any of its subcontractors fall to maintain any required 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 pursuer] to this section shall in any way relieve SUB -GRANTEE of is responsibilities under this Agreement. The phrase "fail to 0 t]T1'019A sNo FmvuG I maintain any required insurance shall include. without limitation, notification received by CITY that an insurer has Commenced proceedings. or has had proceedings commenced against 16 indicating that J the insurer is insolvent. 4 C The fact that Insurance Is obtained by SUB -GRANTEE shall not be deemed to release or diminish the liability of SUB -GRANTEE. Including, without limitation, liability under the 6 indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and I liability regardless of whether any insurance policies are applicable. The policy limits do not act as a 8 limitation upon are amount of Indemnification to be provided by SUB GRANTEE Approval or 9 purchase of any Insurance contracts or policies shall In no way relieve from liability nor limit the liability IC of SUBGRANTEE, Its principals, officers, agents, employees, persons under the supervision of SUB - 11 GRANTEE, vendors, suppliers, Invitees. consultants, sub consultants subcontractors, or anyone 12 employed directly or Indirectly by any ofthem - Il O Upon request of CITY, SUB -GRANTEE shall Immediately furnish CITY with a 14 Complete copy Of any Insurance policy required under this Agreement, including all endorsements. 15 with said Copy certified by the underwriter to be a Due and correct copy of the original policy. This 16 requirement shall survive expiration or termination of this Agreement. IJ E If SUB -GRANTEE should subcontract all or any nation of the services to be 19 Performed under this Agreement. SUBGRANTEEshall require each subcontractor to provide 11) insurance protection In favor of CITY and each of Its officers, officials- employees, agents and 20 authorized volunteers in accordance with the terms of this section, except that any required certificates 21 and applicable endorsements shall be on file. with SUBGRANTEEand CITY prior to the 12 23 Commencement of any services by the subcontractor." 24 10. PUBLIC INFORMATION 25 SUBGRANTEEshall disclose CITY, the County of Fresno, and the. U.S, Department of 26 Housing and Urban Development (HUD) as a funding source in all public Information. 27 11. POLITICAL, RELIGIOUS AND LOBBYING ACTIVITY PROHIBITED 28 an'oF FaesNn pmsnnG S 4 i 6 9 9 10 11 12 7 A. Nona of the funds or services provided directly or had eotly under this Agreement shall be used for any polltical 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 once. B: None of the funds or services provided directly or indirectly under this Agreement shall he used for any religious activity including but not limited to religious worship, instruction , or pmselyf tion, or to purchase religious materials. C. SUB -GRANTEE shall not require those individuals orentitles receiving the funds or services, in whore or in part, by this Agreement to attend or lake pan In any religious activities. Furthermore. SUB -GRANTEE shall take reasonable steps to Insure that functions or activities funded herein are separate in time or in location from functions or activities that are inherently religious, such as religious worship, instruction, or prosehi zation. 12. SUPPLEMENTAL SOURCES SUB -GRANTEE shall not use any funs under this Agreement to the extent Nat there are any other existing or contemplated funs available to SUB-GRAWEE to be expended for the same services covered by this Agreement. SUBGRANTEEshall provide enter nottficalion and explanation to CITY of any funds received from another source to conduct the same services covered by Nis Agreement within five (5f days of the receipt of such funds. Upon confirmation that SUB- GRANTEE liras removed funs from any other source to conduct the same services covered by this. Agreement, CRY shall have the right to reduce IN payment amount accordingly 13. COMPLIANCE WITH APPLICABLE LAWS SUBGRANTEEshall 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 10 SUB -GRANTEE and any subcontractors shall comply with all applicable local, State, Federal -a- UIYOFFP.ESI�O Frtw.G 13 14 Ill 16 17 IS 19 20 21 22 23 24 25 26 27 26 laws, ordinances, regulations and Fresno City Municipal Code provisions applicable to the performance of Versions. 14, RECORDS, AUDITS AND INSPECTIONS A Record Establishment and Maintenance SUB -GRANTEE shall establish antl maintain records in accordance with those requirements prescribed by CITY, wilh respect to all matters covered by this Agreement. SUB- GRANTEE shall retain all fiscal books, account records, and continental client files for services performed under this Agreement for at least five 15) years from the date of the final payment under this Agreement or until all State and Federal audits are camplaed for that fiscal year, whichever Is later. Pursuant to State and Federal law, it is the Intent of the parties to this Agreement that the SUB GRANTEE shall be reimbursed for actual costs Incurred In the performance of this Agreement nor to exceed the contract maximum but that no profit Is to accrue to the SUBGRANTEEon account of such performance. B. Activity and Progress Reports SUBGRANTEE shall submit to CITY by the tariff (10'r j of each month, an activity report for Ne previous month as described by the CITY, but It shall Include but not limited to, a program progress narrators, job creation I retained by these funds, program performance Including the number of unduplicated persons and households served their statustype of housing services Provided flnandal information regarding funds expended In are print month including total expenditures made t0 date, reporting completed through HMIS, status of HMIS data Input. SUB- GRANTEE shall also fumish to CRY such statements. receiptsreports, data. support documentation and other information as CITY may request pertaining to matters covered by this Agreement Said support documentation must noticed the line item budget account number to which the cost Is charged. In the event that SUB -GRANTEE fails to Provide such report or other information required hereunder, It shall be deemed sufficient cause for CITY to withhold monthly payments unlit there Is compliance The monthly activity report shall be in a forth and in such detail as prescribed and acceptable to CITY City Manager or designee, C Single Audi l B Federal Common Ri Its Audit Requirements x- RIS OF FPF5N0 Emmy. CA 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 1) If SUBGRANTEEexpends Five Hundred Thousand Dollars ($500,000) or more In Federal and Federal flowthrough monies, SUB -GRANTEE agrees 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. SUBGRANTEE shall submit said audit and management letter to CITY. The audit omsl include a statement of finings or a statement that there were no findings. If there were negative findings. SUBGRANTEEmust include a corrective action plan signed by an authorized Individual. SUBGRANTEEagrees to lake action to correct any material noncompliance or weakness found as a result of Such audit Such audit shall be delivered to CITY, for review within three (3) months of the entl of any fiscal year in which funds were expended and/or received for the program. Failure to perform the requisite audit functions as required by this Agreement may result In CITY performing the necessary audit tasks, or at Of option, contracting with a public accountant to perform said audit, and may result in the Inability of CITY to enter into future agreements with SUBGRANTEE. All audit costs related to this Agreement re the sole responsibility of SUB -GRANTEE. Audit work performed by CITY under this paragraph shall be billed to SUB -GRANTEE at CITY curl, as determined by CITY. 2) A single audit report is not applicable if all SUBGRANTEEFederel contracts do not exceed the Five Hundred Thousand Dollars ($500.000) requirement. It a single audit is not applicable, a program audit must be performed and a program audit report with management letter shall be submitted by SUBGRANTEEle CITY as a minimum requirement to attest to SUB- GRANTEE's solvency Said audit report shall be delivered to CITY for review no later than three (3) months after the close of the fiscal year in which the funds supplied through this Agreement are expended. Failure to comply with this Act they result In CITY performing the necessary audit tasks or contracting with a qualified accountant to perform saitl autlil. All audit costs related to this Agreement re the sole responsibility of SUB -GRANTEE. SUB GRANTEE agrees to lake corrective action It eliminate any material noncompliance or weakness found as a result of such audit. Audit work performed by CITY under this paragraph shall be billed to SUBGRANTEE at CITY cast, as determined by CITY. 3) SUB -GRANTEE shall make available all records and accounts for 10- al'Y OP tAfsIW Frmno, C4 13 14 15 16 17 18 19 2D 21 22 23 24 25 26 27 28 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 at least five (5) years following final payment under this Agreement or the Closure of all other pending matters, whichever is later. 15. HPRP Eligibility and Reporting Reaminoments k SUBGRANTEEis required to participate. In the Fresno Madera Continuum of Care (FMCoC). Participation Is defined as attendance at a minimum of 75% of all FMCoC Director's meetings. B. 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 eligibility and reporting requirements, SUB -GRANTEE agrees, in accordance wind the requirements of the HPRP Program, that ALL beneficiaries of SUB -GRANTEE'S activities provided under this Agreement must meet the following minimum criteria, 1) Any individual or family provided won financial assistance though HPRP must have at least an Initial ConaUltatlen with a rase 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 Madan Income (AMI) as referenced In Exhibit E, Incorporated herein by reference and made pad 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 must be either homeless or at risk of losing Its housing and meet both the following circumstances'. (1) no appropriate subsequent housing options have been identified. AND (2) the household lacks the financial resources and support networks needed to obtain Immediate housing or remain to its existing housing. C. For assistance under the Rapid Re -Housing category persons who are homeless according the definition provided under the Department of Housing and Urban Development (HUD), meet the minimum requirements aforementioned AND meet one of the following criteria are eligible under the rapid re -housing portion of HPRP; ll- OIV of Huni Rem,G J 8 9 Ir. Il 12 13 14 15 5M. 1] IS 19 30 21 22 23 24 G 26 2] 28 I ) Sleeping In an emergency shelter. 2) Sleeping in a place not meant for human habitation, such as cars, parks, abandoned buildings, slreribeidevolks; 3) Slaying In a hospital or other Institution for up to 180 days but was seeping in an emergency shelter or ether place not meant for human habitation immediately prior to entry into the hospital or institution 4) Graduating from, orrating out of transitional housing program; and 5) Victims of domestic, violence. SUB -GRANTEE Is expected to meet all other HPRP requirements Including providing an intake and assessment of ell 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 identifying the appropriate level of Mandel 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 onager or other authorized representative to determine the appropriate type of assistance SUBGRANTEEwill 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 to help determine the appropriate level of service. This Instrument Is being designed with input from both jurisdictional staff and service providers and may be modified locally to 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 to the mol during the course of the contract within the contest of the program. Providers will also be required to verify client household income, using the income verification requirements and practices as provided by the CI Ty Once the client household has been assessed SUB -GRANTEE wall 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 stabdlze (heir 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 Of 4AE5NV Paw. rA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 households budget, and other steps necessary to help the household achieve stable housing after their participation in the program concludes. For the HPRP program. assessment and housing plan development are considered case management services. SUB-GRAMEE 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 storageor moving companies. Based on the assessment of the household's needs, SUBGRANTEE may authorize a number of forms of financial assistance. Financial assistance may include: Rent arrears payments into to 6 months) Security deposit payments • Moving costs (e.g. moving company, short term storage of up to three months) $bort term rental assistance (up to 3 months) Medium lens rental assistance (4 to 18 months) Utility arrears payment (up to 6 months) Utility deposits Utility payment assistance (up to 18 months) Hotellldotel vouchers for up to 30 days, if no appropriate shelter beds are available and substantial 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 (te. short-term rental assistance may not exceed rental costs accrued 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 lime and for the same cost types that are being provided under another federalslate 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 teen rental assistance (0-18 months), Use other resources. first The SUB -GRANTEE will be expected to ensure that other asources are tapped prior to communing HPRP funds for financial assistance. 16. Minimum Data Collection Requirements A. SUB -GRANTEE Is required to collect and report distil -level data In a database r} all ov Pini U 'v(A 14 15 16 12 18 19 24 21 22 23 24 25 26 2] no comparable to the local HMIS run by the Fresno Housing Authorities of the City and County of Fresno through a MOU with the Fresno Madera Continuum of Care IFNI or a data base that complies with any special requirements which may developed by HUD for legal services Or Domestic Violence providers. Reporting In a database comparable to HMISis a requirement of HPRP funding. The comparable database wlll be maintained by the SUB -GRANTEE and used to collect data and repo" on outputs and outcomes as required by HUD. SUB -GRANTEE is required to enter all client intakes. provide regular updates and exit all clients once services are completed. At a minimum, SUBGRANTEEmust enter the following information in the comparable database for federal reporting purposes. f) Name 2) Social Security Number 3) Date of Birth 4) Race 5) Ethnfclty 6) Gender F) Veteran Status 8) Disabling COMilion 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 16) Income and Sources 1]) Non -Cash Benefits 18) Destination (where client Will slay upon soft) 19) FinanGal Services Provided u U1V0p FRESSNO Ft ❑I 14 15 16 17 is 19 20 21 12 D 24 25 26 27 1 28 1 20) Housing Relocation 8 Stabilization Services Provided CITY shall provide full reporting requirements as required by HUD under separate documentation for all providers. IF SUEGRANTEEis a legal seances or domestic violence provider and requires client -level Information to remain carte Lal. and they will establish a comparable client -level database Internally to its organization leg _ 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 FMCnC to determine that the alternative database meets the standards fora 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 musl be recorded senior 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, P. Confidentiality All services performed by SUBGRANTEE under this Agreement shall be in aloof conformance with all applicable Federal, Stale of California and/or local laws and regulations relating to confidentiality, including but not limited to, California Welfare and Institutions Code section 10650, California Business and Professions Code Section 6068 and California Attorney Rules of Professional Conduct &100_ SUBGRANTEEwill ensure the conflberiamly of all records concurring 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 Doeumentalon SUB GRANTEE agrees to maintain records to verify services under this Agreement including names and addresses of clients served the date of service. and a descepthen of services provided on each occasion to accordance with paragraph lab) of this Agreement These records and any other SUB -GRANTEE document pertaining In whole or part to this Agreement. shall be Is- CITY OF FIREM F.um,Ce. 4 6 I 9 9 10 II 12 13 14 15 16 17 is 19 20 21 22 23 24 25 '6 27 28 clearly identified and readily accessible to CITY or any other Slate or Federal agency performing a lawful audit or inspection of SUB -GRANTEE'S and/or Its services. In all other respects such records Shall be held by SUBGRANTEEin conformance with all applicable Federal. State Of California and/or local laws and regulations relating to confidentiality. B. Cost Documentation 1) SUB -GRANTEE shall establish accounting and bookkeeping procedures, in accordance with standard accounting and thookkeeping produces, 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) SUB GRANTEE shell 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 SUBGRANTEE in writing within thirty (30) days of any potential State or Federal exception discovered during an examination Where Impinge 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 notification by CITY that corrections are needed, will justify 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 -GRANTEES staff and employees, by appropriate CITY staff on at leash quarterly basis_ 19. EQUIPMENT A. All dams purchased with funds provided under this Agreement or which are furnished to SUBGRANTEEwhich have a single unit cost rn excess of Five Thousand Dollars ($5,000.00) including sales tax and have a useful life of more than One (1) year shall be considered capital equipment Title to all Items Of capital equipment purchased shall vest and will remain vested In the City of Fresno SUBGRANTEEfurther agrees to the following. 11 To maintain all items of capital equipment in good working order and condition, normal wear and (ear excepted. and le r]Ty OF U1, SNU rt f_A 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2) To label all Items of capital equipment, pormarm periodic inventories as required by CITY and to maintain an Inventory list showing where end 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 repair 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. 8. The purchase of any capital equipment by SUBGRANTEEshall 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 sentiment shall be purchased during the touch (4"') or last quarter of each term of this Agreement. CITY may refuse reimbursement for any costs resulting from capital equipment purchased, which are incurred by SUB GRANTEE. If prior written approval has not been obtained from CITY. 20. SUBCONTRACTS If GUB-GRANTEE should propose to subcontract with one (1) or more third camas to carry out a portion of those services described to 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 prior to execs lion and Implementation. Any such subcontract, together with all other activities performed or caused by SUB GRANTEE shall nal 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 made by SUB -GRANTEE. A direct monetary interest contrary to this Paragraph shall be deemed to exist, if an owner, partner. officer, or director of SUB -GRANTEE also an owner, ot0cer, or director of a corporation, association, V- aTY➢FfAE51W FmiG 6 8 9 10 11 12 13 14 15 16 D 18 19 20 21 22 23 21 25 25 27 28 or partnerships subcontracting with SUB -GRANTEE. 21, CONFLICT OF INTEREST No officer, employee, of 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. SUBGRANTEE shall comply with all Federal, Slate and local conflict of Interest lawsstatutes, and regulationswhich shall be applicable to all parties and shareholdings under (his Agreement and any officer, employee, or agent of CITY 22. NONDISCRIMINATION During the performance of this Agreement SUB -GRANTEE shall not unlawfully discriminate against any employee or applicant for employment, or recipient of servicesbecause of racereligioncolornatronal origin ancestry, physical phosphate. medical condition, marital status, age or sex, pursuant to all applicable State and Federal statutes and regulations. SUB -GRANTEE shall prepare and make available to CITY'a City Manager and to me public all eligibility requirements to participate in the program plan sat forth In said Exhibit A, attached hereto If an allegallon of discrimination occurs. CITY may withhold all further funds until SLB- GRANTEE UBGRANTEE can show by clear and convincing evidence to the satisfaction of CITY that funds provided under this Agreement were not uses in connection with riu alleged discrimination. 21. DISCHARGE COORDINATION POLICY SUB -GRANTEE must develop and Implement to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persona from publicly funded ins0tutions or systems of care (such as health care frounties. foster Core of other youth facilities. or correctional programs and Institutions), in order to prevent such discharge from immediately resulting in homelessness for such personsas applicable. 24. EVALUATION CITY shall monitor and evaluate the performance of SUBGRANTEEunder this Agreement to determine to the best possible degree the success or failure of the services provided under this Agreement and the adequacy of the program plan identified In Paragraph One (1) and Exhibit A of 4 rl'IY OI1 mfi NK) her, Ol 20 21 22 23 24 25 26 2] 28 this Agreement. SUB -GRANTEE shall at anytime during businesshours, 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 antler 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-GRAWEE 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 -LO A ER TIER COVERED TRANSACTIONS A. CITY and SUB -GRANTEE recognize that Federal assistance funds are being usedunder the terms of this Agreement For purposes of this paragraph, SUB -GRANTEE will be referredtoasthe "prospectivem ienf. B. This certification is required by the regulators Implementing Exei Order 12549, Debarment and Suspension. 29 Code of Federal Regulations (CFR) Pad 98, section 98.510, PamaigantsResponsibilities. 1) The prospective recip'Ient of Federal assistance funds codifies by entering this Agreement, the( neither It nor Its principals are presently debarred suspended, proposed for debarment declared Ineligible, or voluntarily excluded from participation in this transaction byany Federal department or agency. 2) The prospective recipient of Funds agrees by entering this, Agreement, that it shall not knowingly enter Into any lower tier covered transaction with a person who Is debarred, suspended. declared ineligible, or voluntarily excluded from participation In this covered transaction, unless authorized by the Federal department or agency with which this transaction originated. 3) Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this ramification, such prospective participant shall attach an explarri to. this Agreement. 4) The prospective recipient shall provide immediate written notice to CITY OF RRESND F,eiG 10 I I1 12 IF 14 15 16 17 is I 19 20 21 22 r} 24 20 26 27 20 If at any time prospective recipient learns that its codification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5) The progn ive recipient further agrees that by entering Into this Agreement II will include a clause Identical to this section entitled "Certification Regarding Debarment Suspension, Ineligibility and. Voluntary ExclusionLowerTier Covered Transactions in all lower tier covered transactions and In all soU rations for lower her covered transactions 6) The cedi0cation in this section of this Agreement is a material representation of fact upon which CITY relied In entering into this Agreement. 27. LIMITED ENGLISH PROFICIENCY SUBGRANTEEshall provide interpreting and translation services to persons participating in SUB-GRANTEE's servme9 that have limited or no English language proficiency, including services to persons who are deaf or blind Interpreter and translation services shall be provided as necessary to allow Such participants meaningful access to the programs, services and benefits provided by SUB- GRANTEE. Interpreter and translation services, including translation of SUB -GRANTEES "vital" tlocuments (Nose documents that conain information that is critical for accessing SUB -GRANTEE'S seconds or are required by law) shall be provided to participants at no cost to the participant 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 older than English, demonstrate proficiency in the partici eml s language and ran effectively communicate any specialized terms and concepts peculiar to SUB -GRANTEE 's services. 20. AUDITS AND INSPECTIONS SUB -GRANTEE shall at any lime during business hours, and as often as CITY may deem necessary , make available to CITY for examination all of its records and data with respect to the matters covered by this Agreement. SUB -GRANTEE shall, upon request by CITY, permit CITY to audit and Inspect all such records and data necessary to ensure SUB -GRANTEE'S compliance with the terms of Nis 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 Stale Auditor General for a period of three (3) am F.,oro,CAF Fms 1 2 1 4 f7 T 8 21 22 23 24 25 26 22 28 Basis after final payment under contract (California Government Code section 8546]). 29. NOTICES The persons having authority to give and receive notices under this Agreement and their addresses In Gude the following. CITY SUB -GRANTEE Housing and Community Housing Authority City of Fresno 1331 Fallen Mall 2600 Fresno Street, Room 3070 Fresno, California 93721 Fresno, California 93721 Any and all notices between CITY and SUB -GRANTEE provided for or permitted under this Agreement or by law shall be In writing and shall be deemed duly served when personally delivered to one of the padies, or in lieu of such personal service, when deposited In the United States Mail, postage prepaid, addressed to such party. Jo. GOVERNING LAW The parlies agree that for Ne purposes of venue, performance under this Agreement Is to be the County of Fresno, California. The rights and obligations of the padies and all interpretation and performance of this Agreement shall be governed in all respects by the laws of the Steve of California, 31. ENTIRE AGREEMENT This Agreement Including all exhibits. CITY'a JOINT CITY/COUNTY Revised RFP, and SUB- GRANTEE's response thereto, constitutes the entire agreement between SUBGRANTEE and CRY with respect to the subject matter hereof and supersedes all previous agreement negotiations, proposals, commitments, writings, advertisements, publications and understandings of any nature whatsoever unless expressly Included in this Agreament. -n- mvoF rxe ova R WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date_ :ity of Fresno Housing Authority of the City and County of Fresno 600 Fresno Street, 2rM Floor 1331 Fulton Mall rearm California 93721 Fresno, California 93727 6 7 BY: y— per✓ 8 Andrew T. Souza 9 City Manager 30 ATTEST' 11 Rebecca E. Klisch 12 City Clerk 13 14 By. 6 eputy Date 9/30/05 16 17 APPROVED AS TO FORM 18 James C. Sanchez 19 City Attorney 20 21 By Fb-al p, ryc¢ 22 XYkXX3( Dale 23 Title 24 25 26 27 28 By 2� 5 Print Name ftSiv� M1I1(i TIIIe',. 5a&4 6K Dlywi-d 'x Attachments EXHBITA. SCOPEOFWORK EXHBITB: BUDGET EXHBIT C: INSURANCE REQUIREMENTS E)i D Copy of HUD HPRP Docket No. FR -5307-N-01 & Copy of HUD HPRP Docket No. FR -5307-N-02 (11'01FFRFNO Fmm, G