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HOME INVESTMENT PARTNERSHIPS PROGRAM SUBRECIPIENT
AGREEMENT BETWEEN THE CITY OF FRESNO AND THE FRESNO
HOUSING AUTHORITY REGARDING TENANT BASED RENTAL
ASSISTANCE
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THls HOME lnvestment Partnerships program Subrecipient Agreement
referred to as the "Agreement") is made and entered inio, effeðtive the
(hereinafter
lst day of
a municipal
Department
to as the
and politic,
November , 2014, by and between the clry oF FRESNO, california,
corporation, acting through its Development and Resource Management
Housing and Community Development Division(hereinafter rðferred"Grantee"), and the FRESNO HouslNG AUTHoRlry, a body corporate
(hereinafter referred to as "subrecipient").
WHEREAS, the Grantee has received a HOME lnvestment Partnerships program
(hereinafter referred to as "HOME Program") grant from the U.S. Departmeñt otHousing and Urban Development (hereinafter referred to as "HUD"), under Tifle ll of theCranston-Gonzalez National Affordable Rental Housing Act of
'1gg0, as amended(hereinafter referred to as the "Act").
WHEREAS, the Grantee is a recipient of HOME Program funding for fiscal year 2013-
2014 for use in funding eligible activities furthering established iñ project objectives to
benefit its low and moderate income residents as defined in the Act;'anã
WHEREAS, the Grantee in accordance with its 2010-2014 Consolidated plan and Fy2013-2014 Annual Action Plan, as amended, desires to designate Subrecipient toadminister a portion of its HOME Program to provide rental aslistance to homelesspersons or those threatened with homelessness, as more fully described in Exhibit A,
scope of services, upon the terms and conditions in this Agreement; and
WHEREAS, the Subrecipient is designated to carry-out all actions necessary toimplement the HOME Program objectives of providing and preserving affordäble
housing to eligible lower income individuars and householdl; and
WHEREAS, to furlher its goal to provide funding for the homeless and those threatenedwith homelessness within the City of Fresno, the Grantee desires to provide theSubrecipient with a One Million Dollar ($1,000,000) grant to implement the Tenant
Based Rental Assistance Program ('TBRA")
WHEREAS, pursuant to City Resolution No.2013-104, the City Manager is authorizedto execute, on behalf of the Grantee, HOME agreements that are within available
allocated HOME funding and in a standard form approved by the City Attorney.
Now, THEREFORE, it is agreed between the parties hereto that:
SCOPE OF SERVICE
A. Subrecipient Activities
ln accordance with federal HOME Program regulation 24 CFR $92, Subrecipient
agrees to utilize funds made available under this Agreement for the purpose of
implementing the Program for homeless persons in accordance with the
definitions and requirements of the HOME Program and this Agreement as
described in the Scope of Services and Budget set forth in Exhibits "A." and "8"
respectively.
The Subrecipient will be responsible for administering the TBRA ("Program") in a
manner satisfactory to the Grantee and consistent with any standards required
as a condition of providing these funds. Such program will include the following
activities eligible under the HOME program:
1. Assist eligible households with rent payments payable to the
propedy owner(s), or the property owner representative(s), or
property management company, hereinafter referred to as
"landlord(s)", on behalf of the eligible resident experiencing
homelessness during the City's FY 2014-15 and FY 2015-16
Annual Action Plan program years.
2. Provide rental assistance in the form of security deposit
move-in assistance and monthly subsidized housing assistance to
approximately 50 eligible residents with incomes from extremely
low-income to very-low incomes.
3. Target rental program assistance to extremely low to very
low-income ind ividuals/households who are:
Persons that are homeless; or
Persons that are at risk of homelessness.
4. Maintain client files and documentation of program eligibility.
B. Grantee Activities
Grantee will oversee Subrecipient's administration of the Program to ensure
compliance with any standards required as a condition of providing HOME
Program funds. Grantee will also perform the following activities under the
Program:
1. Administer the TBRA Program, in conjunction with the City of
Fresno FY 2013-2014 AnnualAction Plan;
a)
b)
il.
ilt.
2. Adhere to the written program procedures attached hereto as
Exhibit A - City of Fresno HOME TBRA Program Procedures.
3. Review and monitor for Programcompliance and efficiency.
4. Manage and remit all reimbursement requests.
5. Report to HUD via the lntegrated Disbursement lnformation System
(lDlS), using, in part, data provided by Subrecipient.
6. Monitor all Subrecipient activities to ensure compliance with the
terms of the Agreement and all HOME requirements.
C. Proqram Obiectives
Grantee has determined, and Subrecipient certifies, that the activities carried out
under this Agreement further the policy and intent of the HOME Program goals
and objectives.
D. Performance Monitorinq
Grantee will monitor the performance of the Subrecipient against goals and
performance standards as stated above. Substandard performance as
determined by the Grantee will constitute noncompliance with this Agreement. lf
action to correct such substandard performance is not taken by the Subrecipient
within a reasonable period of time after being notified by the Grantee, contract
suspension or termination procedures will be initiated.
TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 1st day of November,2014 and
end on the 31'tday of December,2016. The term of this Agreement and the
provisions herein shall be extended to cover any additional time period during
which the Subrecipient remains in control of HOME funds or other HOME assets,
including Program lncome.
BUDGET
Grant funds shall be disbursed to reimburse Subrecipient in accordance with the
Proposed Budget attached hereto as Exhibit "8" and incorporated herein,
provided that the specific line item amounts in said Budget may be varied, added
and/or stricken, and further provided that in any event total Grant funds disbursed
in pursuit of said Budget shall not exceed in the aggregate the lesser of One
Million Dollars ($1,000,000) or Grantee's available and allocated HOME Funding
during the term hereof.
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Any indirect costs charged must be consistent with the conditions of Paragraph
Vll (CX2) of this Agreement. ln addition, the Grantee may require a more detailed
budget breakdown than the one contained herein, and the Subrecipient shall
provide such supplementary budget information in a timely fashion in the form
and content prescribed by the Grantee. Any amendments to the budget must be
approved in writing by both the Grantee and the Subrecipient.
PAYMENT
Subrecipient's sole source of compensation hereunder will be in the form of a
grant of HOME funds as described herein.lt is expressly agreed and understood
that the total amount to be paid by the Grantee under this Agreement shall not
exceed One Million Dollars ($1,000,000). Drawdowns for the payment of eligible
expenses shall be made against the line item budgets specified in Paragraph lll
herein and in accordance with performance. Expenses for general administration
shall also be paid against the line item budgets specified in Paragraph lll and in
accordance with perform ance.
Subrecipient shall use the funds provided by Grantee solely in pursuit of
providing rental assistance to the targeted population.
All funds are paid contingent upon Subrecipient's continuous compliance with all
applicable, uniform administrative requirements, program regulations, and
recapture and reversion requirements set out in the Act. Any unearned or
recaptured HOME funding shall be returned to the Grantee within thirty (30) days
of the earlier of termination of this Agreement or notice by Grantee Any interest
earned or received by the Subrecipient thereon shall be remitted to the Grantee.
Subrecipient understands and agrees that the availability of HOME Funds is
subject to the control of HUD, or other federal agencies, and should the HOME
Funds be encumbered, withdrawn or othenruise made unavailable to Grantee,
whether earned by or promised to Subrecipient, and/or should Grantee in any
fiscal year hereunder fail to allocate said Funds, Grantee shall not provide said
Funds unless and until they are made available for payment to Grantee by HUD
and Grantee receives and allocates said Funds. No other funds owned or
controlled by Grantee shall be obligated under this Agreement to the Project(s).
NOTICES
Notices required by this Agreement shall be in writing and delivered via mail
(postage prepaid), commercial courier, or personal delivery or sent by facsimile
or other electronic means. Any notice delivered or sent as aforesaid shall be
effective on the date of delivery or sending. All notices and other written
communications under this Agreement shall be addressed to the individuals in
the capacities indicated below, unless othenruise modified by subsequent written
notice.
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V.
Communication and details concerning this Agreement shall be directed to the
following representatives:
Grantee
City of Fresno
Development and Resource
Subrecipient
Fresno Housing Authority
Attn: Tracewell Hanrahan,
Management DepartmenUHousing Deputy Director
& Community Development Division 1331 Fulton Mall
Attn: Crystal Smith Fresno CA93721
2600 Fresno Street Room 3076
Fresno, CA 93721
VI. GENERAL CONDITIONS
A. lmplement of Project
The Subrecipient shall implement this Agreement in accordance with applicable
Federal, State, and City laws, ordinances and codes. Should a Project receive
additional funding after the commencement of this Agreement, the Subrecipient
shall notify the Grantee in writing within thirty (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by the
Grantee within fody-five (45) days of said official notification.
B. Debarment
Subrecipient certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal Department or agency; and,
that the Subrecipient shall not knowingly enter into any lower tier contract or
other covered transaction, with a person who is similarly debarred or suspended
from participating in this covered transaction.
C. General Compliance
The Subrecipient agrees to comply with any applicable laws, ordinances,
regulations and orders of the State, local and Federal governments, including but
not limited to: the requirements of Title 24 of the Code of Federal Regulations,
ParI 92 (the U.S. Housing and Urban Development regulations concerning
HOME lnvestment Parlnerships Program (HOME) including subpart H of these
regulations, except that (1) the Subrecipient does not assume the recipient's
environmental responsibilities described in 24 CFR 92.352 and (2) the
Subrecipient does not assume the recipient's responsibility for initiating the
review process under the provisions of 24 CFR Par|52. The Subrecipient also
agrees to comply with all other applicable Federal, state and local laws,
regulations, and pol¡cies govern¡ng the funds provided under this Agreement.
The Subrecipient further agrees to utilize funds available under this Agreement to
supplement rather than supplant funds othen¡rise available.
D. "lndependent Contractor"
ln furnishing the services provided for herein, Subrecipient is acting solely as an
independent contractor. Neither Subrecipient, nor any of its officers, agents or
employees shall be deemed an officer, agent, employee, joint venturer, partner
or associate of Grantee for any purpose. Grantee shall have no right to control or
supervise or direct the manner or method by which Subrecipient shall perform its
work and functions. However, Grantee shall retain the right to administer this
Agreement so as to verify that Subrecipient is performing its obligations in
accordance with the terms and conditions thereof.
This Agreement does not evidence a partnership or joint venture between
Subrecipient and Grantee. Subrecipient shall have no authority to bind Grantee
absent Grantee's express written consent. Except to the extent othenruise
provided in this Agreement, Subrecipient shall bear its own costs and expenses
in pursuit thereof.
Because of its status as an independent contractor, Subrecipient and its officers,
agents and employees shall have absolutely no right to employment rights and
benefits available to Grantee's employees. Subrecipient shall be solely liable
and responsible for all payroll and tax withholding and for providing to, or on
behalf of, its employees all employee benefits including, without limitation, health,
welfare and retirement benefits. ln addition, together with its other obligations
under this Agreement, Subrecipient shall be solely responsible, indemnify,
defend and save Grantee harmless from all matters relating to employment and
tax withholding for and payment of Subrecipient's employees, including, without
limitation, (i) compliance with Social Security and unemployment insurance
withholding, payment of workers compensation benefits, and all other laws and
regulations governing matters of employee withholding, taxes and payment; and
(ii) any claim of right or interest in Grantee employment benefits, entitlements,
programs and/or funds offered employees of Grantee whether arising by reason
of any common law, de facto, leased, or co- employee rights or other theory. lt
is acknowledged that during the term of this Agreement, Subrecipient may be
providing services to others unrelated to Grantee or to this Agreement.
E. lndemnification
To the furthest extent allowed by law including California Civil Code section
2782, Subrecipient shall indemnify, hold harmless and defend Grantee and each
of its officers, officials, employees, agents and volunteers from any and all loss,
liability, fines, penalties, forfeitures, costs and damages (whether in Contract, tort
or strict liability, including, but not limited to personal injury, death at any time and
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property damage) incurred by Grantee, Subrecipient or any other person, and
from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly
or indirectly out of performance of this Agreement. Subrecipient's obligations
under the preceding sentence shall apply regardless of whether Grantee or any
of its officers, officials, employees, agents or volunteers are passively negligent,
but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused by the active or sole negligence, or willful misconduct, of
Grantee or any of its officers, officials, employees, agents or volunteers.
lf Subrecipient should contract or subcontract all or any portion of the work to be
performed under this Agreement, Subrecipient shall require each Subrecipient
and/or subcontractor to indemnify, hold harmless and defend Grantee and each
of its officers, officials, employees, agents, and volunteers in accordance with the
terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
F. Workers' Compensation
The Subrecipient shall provide Workers' Compensation lnsurance coverage for
all of its employees involved in the performance of this Agreement.
G. lnsurance & Bonding
The Subrecipient shall comply with the bonding and insurance requirements set
forth in 24 CFR 84.31 and 84.48. The Subrecipient shall additionally carry
sufficient insurance and bond coverage as set forth in Exhibit "C".
H. Recoqnition
The Subrecipient shall acknowledge the contribution of the HOME Program in all
published literature, brochures, programs, flyers, etc., during the term of this
Agreement. The Subrecipient shall also insure recognition of the role of the
Grantee in providing services through this Agreement. All activities, facilities and
items utilized pursuant to this Agreement shall be prominently labeled as to
funding source. ln addition, the Subrecipient will include a reference to the
support provided herein in all publications made possible with funds made
available under this Agreement.
l. Sub-Contracts
Any work or services subcontracted by Subrecipient shall be specified by written
contract or agreement, and such subcontracts shall be subject to each provision
of the Agreement and applicable City, State and Federal guidelines and
regulations. Prior to execution by the Subrecipient of any subcontract hereunder,
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such subcontracts must be submitted by the Subrecipient to the Grantee for its
review and approval, which will specifically include a determination of
compliance.
This review also includes ensuring that all consultant contracts and fee
schedules meet the minimum standards established by the City, State and HUD.
Reimbursements for such services will be made at the Subrecipient's cost. None
of the work or services covered by this Agreement, including but not limited to
consultant work or services, shall be subcontracted by the Subrecipient or
reimbursed by the City without prior written approval.
J. Amendments
The Grantee or Subrecipient may amend this Agreement at any time provided
that such amendments make specific reference to this Agreement, and are
executed in writing, signed by a duly authorized representative of each
organization, and approved by the Grantee's governing body. Such amendments
shall not invalidate this Agreement, nor relieve or release the Grantee or
Subrecipient from its obligations under this Agreement.
The Grantee may, in its discretion, amend this Agreement to conform with
Federal, state or local governmental guidelines, policies and available funding
amounts, or for other reasons. lf such amendments result in a change in the
funding, the scope of services, or schedule of the activities to be undertaken as
part of this Agreement, such modifications will be incorporated only by written
amendment signed by both Grantee and Subrecipient.
K. Suspension or Termination
ln accordance with 24 CFR 85.43, the Grantee may suspend or terminate this
Agreement if the Subrecipient materially fails to comply with any terms of this
Agreement, which include (but are not limited to) the following:
1. Failure to comply with any of the rules, regulations or provisions
referred to herein, or such statutes, regulations, executive orders,
and HUD guidelines, policies or directives as may become
applicable at any time;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and
proper manner its obligations under this Agreement;
3. lneffective or improper use of funds provided under this Agreement;
or
4. Submission by the Subrecipient to the Grantee reports that are
incorrect or incomplete in any material respect.
B
ln accordance with 24 CFR 85.44, this Agreement may also be terminated for
convenience by either the Grantee or the Subrecipient, in whole or in part, by
setting forth the reasons for such termination, the effective date, and, in the case
of partial termination, the portion to be terminated. However, if in the case of a
partial termination, the Grantee determines that the remaining portion of the
award will not accomplish the purpose for which the award was made, the
Grantee may terminate the award in its entirety.
L. Fiscal Limitations
HUD may in the future place programmatic or fiscal limitation on HOME funds not
presently anticipated. Accordingly, the Grantee reserves the right to revise this
Agreement in order to take account of actions affecting HUD program funding. ln
the event of funding reduction, the Grantee may reduce the Allocated Funding of
this Agreement, and may, at its sole discretion, limit the Subrecipient's authority
to commit and spend funds. Where HUD has directed or requested the Grantee
to implement a reduction in funding, with respect to funding for this Agreement,
the City Manager, or his/her Designee, may act for the Grantee in implementing
and effecting such a reduction in revising the Agreement for such purpose. The
City Manager or his/her Designee may act for the Grantee in suspending the
operation of this Agreement for up to sixty (60) days, upon three (3) days' prior
written notice to the Subrecipient of his/her intention to so act. ln no event,
however, shall any revision made by the Grantee affect expenditures and legally
binding commitments made by the Subrecipient before it received notice of such
revision, provided that such amounts have been committed in good faith and are
othenryise allowable and that such commitments are consistent with HUD cash
withdrawal guidelines.
VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. AccountinqStandards
Subrecipient agrees to comply with 24 CFR Pad 84 and agrees to
adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary
source documentation for all costs incurred. Subrecipient shall
further adhere to any other accounting requirements included in this
Agreement or the Program Manual.
2. Cost Principles
Subrecipient shall administer its program in conformance with The
Cost Principles contained in A-122, "Cosl Principles for Non-ProfitI
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Organizations." These principles shall be applied for all costs
incurred whether charged on a direct or indirect basis.
Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal
regulations specified in 24 CFR 92.508 that are pertinent to the
activities to be funded under this Agreement. Such records shall
include but not be limited to:
a. Records of individual client files including but not limited to
documentation: the assessment of homelessness or
threatened homelessness; documentation of income
eligibility; and housing placement.
b. Financial records and other records necessary to document
compliance with Subpart H of 24 CFR Part 92.
Retention
The Subrecipient shall retain all financial records, supporting
documents, statistical records, and all other records pertinent to the
Agreement for a period of five (5) years. The retention period
begins on the date the Grantee prepares the Certificate of
Completion. Notwithstanding the above, if there is litigation, claims,
audits, negotiations or other actions that involve any of the records
cited and that have staded before the expiration of the five-year
period, then such records must be retained until completion of the
actions and resolution of all issues, or the expiration of the five-year
period, whichever occurs later.
Closeouts
The Subrecipient's obligation to the Grantee shall not end until all
close-out requirements are completed. Activities during this close-
out period shall include, but are not limited to: making final
payments, disposing of Program assets (including the return of all
unused materials, equipment, unspent cash advances, Program
income balances, and accounts receivable to the Grantee), and
determining the custodianship of records. Notwithstanding the
foregoing, the terms of this Agreement shall remain in effect during
any period that the Subrecipient has control over HOME funds,
including Program income.
2.
3.
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C.
4. Audits & lnspections
All Subrecipient records with respect to any matters covered by this
Agreement shall be made available to the Grantee, grantor agency,
and the Comptroller General of the United States or any of their
authorized representatives, at any time during normal business
hours, as often as deemed necessary, to audit, examine, and make
excerpts or transcripts of all relevant data. Any deficiencies noted in
audit reports must be fully cleared by the Subrecipient within 30
days after receipt by the Subrecipient. Failure of the Subrecipient to
comply with the above audit requirements will constitute a violation
of this Agreement and may result in the withholding of future
payments. The Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current Grantee policy
concerning Subrecipient audits and OMB Circular A-133.
Reporting and Pavment Procedures
1. Program lncome
The Subrecipient shall promptly remit to the Grantee all Program
income (as defined at 24 CFR 92.504(c)(2xii)) generated by
activities carried out with HOME funds made available under this
Agreement.
2. lndirect Costs
lf indirect costs are charged, the Subrecipient will develop an
indirect cost allocation plan for determining the appropriate
Subrecipient's share of administrative costs and shall submit such
plan to the Grantee for approval, in a form specified by the Grantee.
3. Payment Procedures
The Grantee will pay to the Subrecipient funds available under this
Agreement based upon information submitted by the Subrecipient
and consistent with any approved budget and Grantee policy
concerning payments. Payments will be made for eligible expenses
when needed by the Subrecipient for payment of eligible costs, and
not to exceed actual cash requirements. Payments will be adjusted
by the Grantee in accordance with fund and program income
balances available in Subrecipient accounts. ln addition, the
Grantee reserves the right to liquidate funds available under this
Agreement for costs incurred by the Grantee on behalf of the
Subrecipient.
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4. Proqress Reports
The Subrecipient shall submit
Grantee in the form, content,
Grantee.
Procurement
1. OMB Standards
regular Progress Reports
and frequency as required
to the
by the
D.
E.
Unless specified otheruise within this Agreement, the Subrecipient
shall procure all materials, property, or services in accordance with
the requirements of 24 CFR 84.40-48.
2. Travel
The Subrecipient shall not use any HOME funds for any travel
outside the metropolitan area with funds provided under this
Agreement.
Use and Reversion of Assets
The use of HOME funds under this Agreement shall be in compliance with
the requirements of 24 CFR Part 84 and 24 CFR 92.50a(c)(2)(vii), as
applicable, which include but are not limited to the following:
1. The Subrecipient shall transfer to the Grantee any HOME funds on
hand and any accounts receivable attributable to the use of funds
under this Agreement at the time of expiration, cancellation, or
termination.
2. Any real property acquired by Subrecipient for the purpose of
carrying on the projects stated herein, and approved by the
Grantee in accordance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 and 49 CFR par[24,
shall be subject to the provisions of the HOME regulations
including, but not limited to, the provision on use and disposition of
property.
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VIII. RELOCATION
lf and to the extent that construction of the proposed Project results in the
permanent or temporary displacement of residential tenants, home-owners or
businesses, Subrecipient shall comply with all applicable local, state, and federal
statutes and regulatory with respect to relocation planning, advisory assistance
and payment of monetary benefits. Subrecipient shall notify the Grantee and
prepare a Relocation Plan in accordance with 49 CFR ParI24. HOME funds are
an eligible source to provide relocation benefits.
PERSONNEL & PARTICIPANT CONDITIONS
Civil Riqhts
Compliance
The Subrecipient agrees to comply with all applicable City, State
and Federal guidelines including, but not limited to Title Vl of the
Civil Rights Act of 1964 as amended, Title Vlll of the Civil Rights
Act of 1968 as amended, Section 504 of the Rehabilitation Act of
1973, the Americans with Disabilities Act of 1990, the Age
Discrimination Act of 1975, Executive Order 11063, and Executive
Order 11246 as amended by Executive Orders 11375, 11478,
12107 and 12086.
Nondiscrimination
The Subrecipient agrees to comply with the non-discrimination in
employment, contracting oppodunities, programs and activities,
laws, regulations, and executive orders referenced in Subpart F
Section 282 of Title ll of the Cranston Gonzales National Affordable
Housing Act, as amended
Section 504
The Subrecipient agrees to comply with all Federal regulations
issued pursuant to compliance with Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits
discrimination against the individuals with disabilities or handicaps
in any Federally assisted program. The Grantee shall provide the
Subrecipient with any guidelines necessary for compliance with that
portion of the regulations in force during the term of this Agreement.
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2.
3.
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B.Affirmative Action
1. Affirmative Marketinq
Subrecipient agrees that it shall be committed to carry out pursuant
to the Grantee's specifications an Affirmative Marketing Plan as set
forth in 24 CFR 92.351(a).
2. Approved Plan
The Subrecipient agrees that it shall be committed to carry out
pursuant to the Grantee's specifications an Affirmative Action
Program in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The Grantee shall
provide Affirmative Action guidelines to the Subrecipient to assist in
the formulation of such program. The Subrecipient shall submit a
plan for an Affirmative Action Program for approval prior to the
award of funds, as applicable.
3. Women- and Minority-Owned Businesses (W/MBE)
The Subrecipient will use its best efforts to afford small businesses,
minority business enterprises, and women's business enterprises
the maximum practicable opportunity to participate in the
performance of this contract. As used in this contract, the terms
"small business" means a business that meets the criteria set forth
in section 3(a) of the Small Business Act, as amended (15 U.S.C.
632), and "minority and women's business enterprise" means a
business at least fifty-one (51) percent owned and controlled by
minority group members or women. For the purpose of this
definition, "minority group members" are African-Americans,
Spanish-speaking, Spanish surnamed or Spanish-heritage
Americans, Asian-Americans, and American lndians. The
Subrecipient may rely on written representations by businesses
regarding their status as minority and female business enterprises
in lieu of an independent investigation.
4. Access to Records
The Subrecipient shall furnish and cause each of its own
Subrecipients or subcontractors to furnish all information and
repods required hereunder and will permit access to its books,
records and accounts by the Grantee, HUD or its agent, or other
authorized Federal officials for purposes of investigation to
ascertain compliance with the rules, regulations and provisions
stated herein.
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C.
5. Notifications
The Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or
other contract or understanding, a notice, to be provided by the
agency contracting officer, advising the labor union or worker's
representative of the Subrecipient's commitments hereunder, and
shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
6. Equal Emplovment Oppoftunitv and Affirmative Action (EEO/AA)
Statement
The Subrecipient will, in all solicitations or advertisements for
employees placed by, or on behalf of the Subrecipient, state that it
is an Equal Oppodunity or Affirmative Action employer.
7. SubcontractProvisions
The Subrecipient will include the provisions of Paragraphs lX.A,
Civil Rights, and B, Affirmative Action, in every subcontract or
purchase order, specifically or by reference, so that such provisions
will be binding upon each of its own Subrecipients or
subcontractors.
Emplovment Restrictions
1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or
personnel employed in the administration of the program for:
political activities; inherently religious activities; lobbying; political
patronage; and nepotism activities.
2. Labor Standards
The Subrecipient agrees to comply with the requirements of the
Secretary of Labor in accordance with the Davis-Bacon Act as
amended, the provisions of Contract Work Hours and Safety
Standards Act (40 U.S.C. 327 et seq.) and all other applicable
Federal, state and local laws and regulations pertaining to labor
standards insofar as those acts apply to the performance of this
Agreement. The Subrecipient agrees to comply with the Copeland
Anti-Kick Back Act (18 U.S.C.874 ef seq.) and its implementing
regulations of the U.S. Depaftment of Labor at29 CFR Part 5. The
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Subrecipient shall maintain documentation that demonstrates
compliance with hour and wage requirements of this part. Such
documentation shall be made available to the Grantee for review
upon request.
The Subrecipient agrees that, except with respect to the
rehabilitation or construction of residential property containing less
than eight (8) units, all contractors engaged under contracts in
excess of $2,000.00 for construction, renovation or repair work
financed in whole or in part with assistance provided under this
contract, shall comply with Federal requirements adopted by the
Grantee pertaining to such contracts and with the applicable
requirements of the regulations of the Department of Labor, under
29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and
ratio of apprentices and trainees to journey workers; provided that,
if wage rates higher than those required under the regulations are
imposed by state or local law, nothing hereunder is intended to
relieve the Subrecipient of its obligation, if any, to require payment
of the higher wage. The Subrecipient shall cause or require to be
inserted in full, in all such contracts subject to such regulations,
provisions meeting the requirements of this paragraph.
"Section 3" Clause
a) Compliance: Compliance with the provisions of Section 3 of
the HUD Act of 1968, as amended, and as implemented by
the regulations set forth in 24 CFR 135, and all applicable
rules and orders issued hereunder prior to the execution of
this contract, shall be a condition of the Federal financial
assistance provided under this contract and binding upon the
Grantee, the Subrecipient and any of the Subrecipient's
subcontractors. Failure to fulfill these requirements shall
subject the Grantee, the Subrecipient and any of the
Subrecipient's subcontractors, their successors and assigns,
to those sanctions specified by the Agreement through which
Federal assistance is provided. The Subrecipient cedifies
and agrees that no contractual or other disability exists that
would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these
"Section 3" requirements and to include the following
language in all subcontracts executed under this Agreement:
"The work to be performed under this
Agreement is a project assisted under a
program providing direct Federal financial
16
b)
assistance from HUD and is subject to the
requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended
(12 U.S.C. 1701). Section 3 requires that to the
greatest extent feasible opportunities for
training and employment be given to low- and
very low-income residents of the project area,
and that contracts for work in connection with
the project be awarded to business concerns
that provide economic opportunities for low-
and very low-income persons residing in the
metropolitan area in which the project is
located."
The Subrecipient further agrees to ensure that opportunities
for training and employment arising in connection with a
housing rehabilitation (including reduction and abatement of
lead-based paint hazards), housing construction, or other
public construction project are given to low- and very low-
income persons residing within the metropolitan area in
which the HOME-funded project is located; where feasible,
priority should be given to low- and very low-income persons
within the service area of the project or the neighborhood in
which the project is located, and to low- and very low-income
participants in other HUD programs; and award contracts for
work undertaken in connection with a housing rehabilitation
(including reduction and abatement of lead-based paint
hazards), housing construction, or other public construction
project to business concerns that provide economic
opportunities for low- and very low-income persons residing
within the metropolitan area in which the HOME-funded
project is located; where feasible, priority should be given to
business concerns that provide economic opportunities to
low- and very low-income residents within the service area
or the neighborhood in which the project is located, and to
low- and very low-income participants in other HUD
programs.
The Subrecipient certifies and agrees that no contractual or
other legal incapacity exists that would prevent compliance
with these requirements.
Notifications: The Subrecipient agrees to send to each labor
organization or representative of workers with which it has a
collective bargaining agreement or other contract or
understanding, if any, a notice advising said labor
17
organization or worker's representative of its commitments
under this Section 3 clause and shall post copies of the
notice in conspicuous places available to employees and
applicants for employment or training.
c) Subcontracts: The Subrecipient will include this Section 3
clause in every subcontract and will take appropriate action
pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the
grantor agency. The Subrecipient will not subcontract with
any entity where it has notice or knowledge that the latter
has been found in violation of regulations under 24 CFR Part
135 and will not let any subcontract unless the entity has first
provided it with a preliminary statement of ability to comply
with the requirements of these regulations.
D. Conduct
1. Assiqnabilitv
The Subrecipient shall not assign or transfer any interest in this
Agreement without the prior written consent of the Grantee thereto;
provided, however, that claims for money due or to become due to the
Subrecipient from the Grantee under this contract may be assigned to a
bank, trust company, or other financial institution without such approval.
Notice of any such assignment or transfer shall be furnished promptly to
the Grantee.
2. Subcontracts
a) Approvals: The Subrecipient shall not enter
subcontracts with any agency or individual
into
in
any
the
performance of this contract without the written consent of
the Grantee prior to the execution of such agreement.
b) Monitorinq: The Subrecipient will monitor all subcontracted
services on a regular basis to assure contract compliance.
Results of monitoring efforts shall be summarized in written
repods and supported with documented evidence of follow-
up actions taken to correct areas of noncompliance.
c) Content: The Subrecipient shall cause all of the provisions
of this contract in its entirety to be included in and made a
part of any subcontract executed in the performance of this
Agreement.
18
3
4
d) Selection Process: The Subrecipient shall undertake to
insure that all subcontracts let in the performance of this
Agreement shall be awarded on a fair and open competition
basis in accordance with applicable procurement
requirements. Executed copies of all subcontracts shall be
fonryarded to the Grantee along with documentation
concerning the selection process.
Hatch Act
The Subrecipient agrees that no funds provided, nor personnel
employed under this Agreement, shall be in any way or to any
extent engaged in the conduct of political activities in violation of
Chapter 15 of Title V of the U.S.C.
Conflict of lnterest
The Subrecipient shall disclose any and all actual or potential
conflicts of interest with Grantee. Furthermore, Subrecipient shall
ensure that any subcontractor also discloses any and all actual or
potential conflicts of interest with the Grantee. Both Subrecipient
and any subcontractors shall complete a Disclosure of Conflict of
lnterest Form included as Exhibit "C".
The Subrecipient further agrees to abide by the provisions of 24
CFR 84.42 and 570.611, which include (but are not limited to) the
following:
a) The Subrecipient shall maintain a written code or standards
of conduct that shall govern the performance of its officers,
employees or agents engaged in the award and
administration of contracts supported by Federal funds.
b) No employee, officer or agent of the Subrecipient shall
participate in the selection, or in the award, or administration
of, a contract supported by Federal funds if a conflict of
interest, real or apparent, would be involved.
c) No covered persons who exercise or have exercised any
functions or responsibilities with respect to HOME-assisted
activities, or who are in a position to participate in a decision-
making process or gain inside information with regard to
such activities, may obtain a financial interest in any
contract, or have a financial interest in any contract,
subcontract, or agreement with respect to the HOME-
assisted activity, or with respect to the proceeds from the
19
5.
HOME-assisted activity, either for themselves or those with
whom they have business or immediate family ties, during
their tenure or for a period of one (1) year thereafter. For
purposes of this paragraph, a "covered person" includes any
person who is an employee, agent, consultant, officer, or
elected or appointed official of the Grantee, the Subrecipient,
or any designated public agency. I
Lobbvinq
The Subrecipient hereby certifies that:
a) No Federal appropriated funds have been paid or will be
paid, by or on behalf of it, to any person for influencing or
attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative ag reement;
b) lf any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions; and
c) lt will require that the language of paragraph (d) of this
certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative
agreements) and that all Subrecipients shall certify and
disclose accordingly:
d) Lobbvinq Certification
This certification is a material representation of fact upon
which reliance was placed when this transaction was made
or entered into. Submission of this certification is a
20
prerequisite for making or entering into this transaction
imposed by section 1352, title 3'1, U.S.C. Any person who
fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Copyriqht
lf this contract results in any copyrightable material or inventions,
the Grantee and/or grantor agency reserves the right to royalty-
free, non-exclusive and irrevocable license to reproduce, publish or
othen¡vise use and to authorize others to use, the work or materials
for governmental purposes.
Reliqious Activities
The Subrecipient agrees that funds provided under this Agreement
will not be utilized for inherently religious activities prohibited by 24
CFR 92.257(a)(2) such as worship, religious instruction, or
proselytization.
ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar
as they apply to the performance of this Agreement:
1. Clean Air Act, 42 U.S.C. ,7401, ef seq.;
2. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251,
ef seq., as amended, 1318 relating to inspection, monitoring, entry,
reports, and information, as well as other requirements specified in
said Section 114 and Section 308, and all regulations and
guidelines issued thereunder;
3. Environmental Protection Agency (EPA) regulations pursuant to 40
CFR Part 50, as amended.
B. Flood Disaster Protection
ln accordance with the requirements of the Flood Disaster Protection Act
of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities
located in an area identified by the Federal Emergency Management
Agency (FEMA) as having special flood hazards, flood insurance under
21
6.
7.
X.
xt.
the National Flood lnsurance Program is obtained and maintained as a
condition of financial assistance for acquisition or construction purposes
(including rehabilitation).
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of
residential structures with assistance provided under this Agreement shall
be subject to HUD Lead-Based Paint Regulations at 24 CFR Part 35.
Such regulations pertain to all HOME-assisted housing and require that all
owners, prospective owners, and tenants of properties constructed prior to
1978 be properly notified that such properties may include lead-based
paint. Such notification shall point out the hazards of lead-based paint and
explain the symptoms, treatment and precautions that should be taken
when dealing with lead-based paint poisoning and the advisability and
availability of blood lead level screening for children under seven. The
notice should also point out that if lead-based paint is found on the
property, abatement measures may be undertaken. The regulations
further require that, depending on the amount of Federal funds applied to
a property, paint testing, risk assessment, treatment and/or abatement
may be conducted.
D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as
amended (16 U.S.C. 470) and the procedures set fofth in 36 CFR Part
800, Advisory Council on Historic Preservation Procedures for Protection
of Historic Properties, insofar as they apply to the performance of this
agreement.
ln general, this requires concurrence from the State Historic Preservation
Officer for all rehabilitation and demolition of historic properties that are
fifty years old or older or that are included on a Federal, state, or local
historic property list.
ATTORNEY FEES
lf either party is required to commence any proceeding or legal action to enforce
or interpret any term, covenant or condition of this Agreement, the prevailing
party will be entitled to recover from the other party its reasonable attorney's fees
and legal expenses.
22
XII. BINDING ON ALL SUCCESSORS AND ASSIGNS
Unless otherwise expressly provided in this Agreement, all the terms and
provisions of this Agreement shall be binding on and inure to the benefit of the
parties hereto, and their respective nominees, heirs, successors, assigns, and
legal representatives.
XIII. COUNTERPARTS
This Agreement may be executed in counterparts, each of which when executed
and delivered will be deemed an original, and all of which together will constitute
one instrument. The execution of this Agreement by any party hereto will not
become effective until counterparts hereof have been executed by all parties
hereto.
XIV. CUMULATIVEREMEDIES
No remedy or election hereunder shall be deemed exclusive but shall, wherever
possible, be cumulative with all other remedies at law or in equity. All powers and
remedies given by this Agreement shall be cumulative and in addition to those
otheruise provided by law.
XV. EFFECTIVE DATE
This Agreement shall be effective upon the Parties' complete execution following
City Council approval.
XVI. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement of the parties
with respect to the subject matter hereof. This Agreement supersedes all prior
negotiations, representations or agreements, either written or oral. This
Agreement may be modified or amended only by written instrument duly
authorized and executed by both Grantee and Subrecipient,
XVII. EXHIBITS
Each exhibit and attachment referenced in this Agreement is, by the reference,
incorporated into and made a part of this Agreement.
23
XVIII. GOVERNING LAW AND VENUE
Except to the extent preempted by applicable federal law, the laws of the State of
California shall govern all aspects of this Agreement, including execution,
interpretation, performance, and enforcement. Venue for filing any action to
enforce or interpret this Agreement will be Fresno County, California.
XIX. HEADINGS
The section headings and subheadings contained in this Agreement are included
for convenience only and shall not limit or othenryise affect the terms of this
Agreement.
XX. INTERPRETATION
This Agreement in its final form is the result of the combined efforts of the parties.
Any ambiguity will not be construed in favor or against any party, but rather by
construing the terms in accordance with their generally accepted meaning.
XXI. NO THIRD-PARTY BENEFICIARY
The rights, interests, duties and obligations defined within this Agreement are
intended for the specific parties hereto as identified in the preamble of this
Agreement. Notwithstanding anything stated to the contrary in this Agreement, it
is not intended that any rights or interests in this Agreement benefit or flow to the
interest of any third parties other than expressly identified herein. No
subcontractor, mechanic, materialman, laborer, vendor, or other person hired or
retained by Subrecipient shall have any rights hereunder and shall look to
Subrecipient as their sole source of recovery if not paid. No third party may enter
any claim or bring any such action against Grantee under any circumstances.
Except as provided by law, or as otherwise agreed to in writing between Grantee
and such person, each such person shall be deemed to have waived in writing all
right to seek redress from Grantee under any circumstances whatsoever.
Subrecipient shall include this paragraph in all contracts/subcontracts.
XXII. NO WAIVER
Neither failure nor delay on the part of the Grantee in exercising any right under
this Agreement shall operate as a waiver of such right, nor shall any single or
partial exercise of any such right preclude any further exercise thereof or the
exercise of any other right. No waiver of any provision of this Agreement or
24
consent to any departure by the Subrecipient there from shall be effective unless
the same shall be in writing, signed on behalf of the Grantee by a duly authorized
officer thereof, and the same shall be effective only in the specific instance for
which it is given. No notice to or demand on the Subrecipient in any case shall
entitle the Subrecipient to any other or further notices or demands in similar or
other circumstances, or constitute a waiver of any of the Grantee's right to take
other or further action in any circumstances without notice or demand.
XXIII. NON.RELIANCE
Subrecipient hereby acknowledges having obtained such independent legal or
other advice as it has deemed necessary and declares that in no manner has it
relied on Grantee, it agents, employees or attorneys in entering into this
Agreement.
XXIV. PRECEDENCE OF DOCUMENTS
ln the event of any conflict between the body of this Agreement and any exhibit
or attachment hereto, the terms and conditions of the body of this Agreement will
control.
XXV. RECORDING OF DOCUMENTS
Subrecipient agrees to cooperate promptly in any manner required at Grantee's
request, with the recordation of documents/instruments consistent with this
Agreement in the Official Records of Fresno County, California. Said
cooperation includes but is not limited to correction of errors in documents and
witnessed execution thereof.
XXVI. SEVERABILITY
lf any provision of this Agreement is held invalid, the remainder of the Agreement
shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
ut
25
lN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO USI HORITY
--7
(Attach notary certificate of acknowledgment)
Date:
(Attach notary certificate of acknowledgment)
Date:
ATTEST:
WONNE SPENCE, CMC
City Clerk
APPROVED AS TO FORM:
Douglas T. Sloan
City Attorney
Date:Date: {Ò 2l i(f
CITY:
City of Fresno, a municipal corporation
Development and Resource
Management Department, Housing
and Community Development Division
2600 Fresno Street Room 3076
Fresno, CA 93721
Attachments:
Exhibit A - Project Description and Scope of Services
Exhibit B - Budget
Exhibit C - Disclosure of Conflict of lnterest
Bruce Rudd, Cit
uty City Clerk
ijaru,vrrr
Deputy City Attorney
Subrecipient:
Fresno Housing Authority
Preston Prince, Executive Director
1331 Fulton Mall
Fresno, CA.93721
26
EXHIBIT "A''
PROJECT DESCRIPTION AND SCOPE OF SERVICES
PURPOSE
The purpose of the Tenant Based Rental Assistance (TBRA) Program is to provide
rental housing assistance to extremely low and very low-income persons or households
that are homeless, threatened with homelessness, or those transitioning from a
homeless housing assistance program.
PROGRAM OVERVIEW
TBRA provides rental housing assistance to low income households whose income
levels limits access to market rent housing. The assistance is available to individuals
and families and allows clients to select the housing unit that best provides acceptable
space, quality of housing, and access to neighborhood services. TBRA assistance is
limited to:
. Household incomes at or below 60% of the area median income (AMl);. Only those persons listed on the application and lease;. Two years of assistance;
A. Eligible Activities and Payment Standards
The following activities are eligible under TBRA:
. Rent of a residential dwelling that meets the Housing Quality Standards (HaS);o Minimum rent charged set at $50.00o Maximum rent charged cannot exceed 30% of the client's adjusted income.
TBRA will cover the gap between the client's minimum payment and the
actual cost of rent plus utilities TBRA will cover the gap between a
household's rent portion and actual cost of rent plus utilities,o Security depositso Utility deposits. Rent charges cannot exceed HUD's Fair Market Rent Limits.
B. lneligible Activities
The following activities are ineligible to TBRA:
. Duplicate existing rental assistance programs that already reduce a client's rent
payment;. Assisting a resident owner;. Preventing displacement or relocation as a result of activities other than the
HOME Program;. Provide overnight or temporary shelter to homeless persons;
. Used with existing HOME lnvestment Partnerships developments currently under
a mandated affordability period.
. Commitments to specific owners for specific projects.
o Assistance to resident owners of cooperative housing that qualifies as home
ownership housing;
G. Location
For TBRA assistance to be rendered, rental property must be located within the City of
Fresno. The program allows for client choice and movement to a unit that best suits the
needs of the household, as such the housing subsidy remains with the client as long as
the chosen unit is located within the City of Fresno. Assistance cannot be transferred
out of the City of Fresno limits.
D. Record Retention
All records must be retained for five years after final rental assistance is provided.
E. Marketing
Agency must establish how potential applicants will be notified and selected for the
TBRA program. Description should include:. Local preferences (i.e. homeless and score of "0" or "1" on the Vulnerability
lndex, or transitioning from a homeless housing assistance program, and
implementation of self-sufficiency prog rams. Where applications are available and how they are submittedo Agency steps to reach applicants who are least likely to apply. Outreach to property owners
Marketing Description - Purpose of TBRA funding is to provide stable, permanent
housing for a limited period for those individuals/families that are homeless with highest
aptitude for maintaining housing after assistance ends. Opportunities to complete a
Vulnerability Index will occur throughout the City of Fresno during focused street
outreach and engagement events on a periodic basis. ln addition, member agencies of
the Fresno Madera Continuum of Care will have ability to refer clients to this program.
Upon verification of homelessness and/or participation in homeless housing assistance
program and Vulnerability lndex score, client will be notified via phone and/or street
outreach of inclusion in the program. ln addition, City of Fresno and related partners
will perform outreach to community members, aparlment owners and rental
associations.
F. FAIR HOUSING
The following information should be included in marketing and agreements with the
landlords/owners.
Non-Discrimination: The Agency or landlord shall not, in the provision of services or in
any other manner, discriminate against any person on the grounds of age, race, color,
creed, religion, sex, handicap, national origin, or familial status.
G. Tenant Selection
All applicants must be screened and selected through afair, written and public process.
'1. Applications: Obtain a written application to determine eligibility. Application will
include the following information: income, household, program rules and policies,
complaint and grievance procedures, rent standards, rent calculation form,
income limits and adjustments, demographic, family composition, verification of
homelessness, prior program participation and Vulnerability lndex score.
2. Residency Eligibility: Tenants must be residents of the city of Fresno.
3. Eligibility: Eligibility will be determined upon admission to the program.
Thereafter review of eligibility including, income verification, will occur at annual
re-examinations. Where a family experiences a change in household composition
and/or income between annual re-examination, the Fresno Housing Authority will
process an interim re-examination. The family is required to report all changes in
household composition and/or income to the Fresno Housing Authority within 10
calendar days of the occurrence.
Should an applicant have income above 50% of AMI at annual re-examination,
rental assistance will cease. However, the applicant will remain on the program
for 180 days.
4. Waiting list: All clients will be complete an application including documentation
of homelessness, inclusion in homeless housing assistance program and
Vulnerability lndex score. Said applicants will be placed on a Preliminary Wait
list. When openings in the program occur, applicants will be selected from the
Preliminary Wait list via lottery. All attempts will be made to reach individuals
selected including street outreach, message boards dedicated to homeless
individuals and communication with agency partners. Should a client not
respond to all summonses, the name will be placed back on the Preliminary Wait
list.
s. Fresno First Steps Home (FFSH) participants: A portion of the HOME TBRA
certificates will be set aside for FFSH participants to prevent a return to
homelessness after significant stabilization. Eligibility criteria for referral will be
developed by the referring agency in conjunction with HACF.
H. Notification
Prospective tenants must be notified in writing regarding the outcome of their
application. Requirement extends to all unsuccessful applicants as well as selected
tenants. lt is noted that as some prospective tenants are homeless, there may be no
valid address with which to communicate. As such all attempts will be made to contact
the client - street outreach conducted to last known place and places where homeless
congregate and outreach to varying agency partners regarding whereabouts.
l. Rental Assistance Certificate
Upon admission into the TBRA program, prospective tenants are issued a Rental
Assistance Certificate which authorizes households to begin the search for appropriate
housing. At the time the coupon is issued a meeting explaining the responsibilities of
each pady and the impact of the housing choice upon the payment. The certificate
should include:
o Agency name. Household name. Unit size. Date issuedo Locationrestrictions. Expiration dateo Estimated rent calculation based on tenant income. Tenant requirements. Agency processes and responsibilities. Security Deposit Policy. Owner/landlord requirements. Length of assistanceo Equal housing opportunity statement
J. INCOME ELIGIBILITY AND SUBSIDY AMOUNTS
A three step process is used to arrive at the maximum subsidy amount.
. lncome Determination. Calculating Adjusted lncome. Total Tenant Payment Calculation
K. lncome Determination Process
Agencies will use the Annual lncome as Defined in 24 CFR Part 5, to determine TBRA
income eligibility. This is also referred to as Part 5 Annual lncome; and was based on
the Section 8 model. The income definition is defined as the gross amount of income of
all adult household members that is anticipated to be received during the coming 12-
month period.
Program participants will provide proof of income (such as wages or governmental
benefits) at enrollment and each time household income changes. A copy of the proof of
income or self-declaration of no income is stored in the program participant file.
L. Galculating Adjusted lncome
After gross income is determined, calculation for the "adjusted income" as defined in 24
CFR 5.611 is used to determine total tenant payment (TTP), which is a measure of a
household's ability to pay housing costs.
M. Total Tenant Payment Calculation
The TTP is the final calculation used to determine the Agency's subsidy and tenant's
share of rent under a HOMEJunded TBRA program. Resident rents are calculated by
using annual incomes and applying standard allowances for dependents, childcare,
disabilities and medical expenses and based upon established HUD guidelines, Notice
cPD-96-03.
lf all utilities are included in the rent, the tenant's entire share of housing costs goes
directly to the landlord. lf utilities are paid separately, the Agency must make utility
reimbursements to the household whenever the household's share of housing costs is
insufficient to cover expected utility costs. Agencies must use the utility allowance
established by the local Housing Authority.
N. Maximum lncome
Family income must not be above 50% adjusted median income (AMl) on admission
and recertification. lncome limits are established by household size and revised
annually by the Department of Housing and Urban Development.
O. UNIT SELECTION/APPROVAL
Upon admission into the TBRA program, prospective tenants are issued a Coupon
(described above) along with a Request for Unit approval. This document must be
completed and forwarded to the Agency to trigger the housing quality inspection.
P. Unit lnspections
Prior to completing the lease or making any payments, a unit must be inspected to meet
the housing quality standards (HUD-52580).
. Unit must meet housing quality standards (HOS) before tenancy and at least
annually. Complete records of certification, inspections, and follow-up actions
must be kept in the client's files.
Q. Occupancy Standards
HUD has established occupancy standards that comply with the HQS requirements and
how the number of bedrooms needed by the household will impact the unit size and
subsidy. The following basic standards can be modified to take into consideration
specific household composition and circumstances (i.e., pending child custody cases,
chronic illnesses, family member who is absent most of the time, etc.). Occupancy
standards are used to provide consistent criteria for determining the unit size for which
the household is eligible and thus, the amount of assistance to be provided. Fair
housing rules permit a household to select smaller units that do not create seriously
overcrowded cond itions.
. No more than two persons are required to occupy a bedroom;. Persons of different generations (i.e., grandparents, parents, children), persons
of the opposite sex (other than spouses/couples) and unrelated adults are not
required to share a bedroom;
. Children of the same sex (regardless of age) and couples co-habiting (whether or
not legally married) must share the same bedroom for purpose of assigning the
bedroom size on housing coupon;
o A live-in care attendant who is not a member of the family is not required to share
a bedroom with another household member.. lndividual medical problems (i.e., chronic illness) sometimes require either
separate bedrooms for household members who would otherwise be required to
share a bedroom or an extra bedroom to store medical equipment;
. ln most instances, a bedroom is not provided for a family member who will be
absent most of the time, such as a member who is away in the military.
R. Ownership - Units maybe privately or publicly owned.
S. Rent Reasonableness
Rent for each unit must be determined to be reasonable when compared to unassisted
units.
T. Rent lncreases
Any rent increased must be approved by the Housing Authority. lndividuals will be
asked to provide documentation from the landlord about rent adjustments. Adjustment
of the subsidy may be recalculated providing rent amounts continue to maintain the Fair
Market Rent standards for the area.
U. Landlord-Tenant Law
Tenants should receive a user-friendly copy of the Landlord-Tenant Law and be
informed on how to use this law when problems arise. Copies of signed receipt of the
landlord-Tenant Law should be included in the individual's file.
V. Lead Based Paint
Tenants will be notified of the potential presence and hazard of lead. All individuals
receiving tenant-based rental subsidies will receive a copy of the Environmental
Protection Agency brochure titled "Protect Your Family from Lead in Your Home". A
signed receipt of the copy should be maìntained in the individual's file. EPA Disclosure
Requirements for All Leased Housing Built Before 1978.
W. Lease Addendum
Terms: lnitially one year, with a month to month renewal at expiration, for a period no
longer than two (2) years of assistance. Throughout the assistance period, FH retains
the right to terminate assistance as detailed below.
X. Un-allowable terms in lease
The lease between the owner and the tenant may not contain the following:
. Agreement by the tenant to be sued, to admit guilt, or to a judgment in favor of
the owner in a lawsuit brought in connection with the lease;. Agreement by the tenant that the owner may take, hold, or sell personal property
of household members without notice to the tenant and a court decision on the
rights of the parties. However, the owner may dispose of personal property left by
a tenant in accordance with state law;. Agreement by the tenant not to hold the owner or the owner's agents legally
responsible for any action or failure to act, whether intentional or negligent;o Agreement of the tenant that the owner may institute a lawsuit without notice to
the tenant;. Agreement by the tenant that the owner may evict the tenant or household
members without instituting a civil court proceeding in which the tenant has the
oppodunity to present a defense, or before a courl decision on the rights of the
parties;o Agreement by the tenant to waive any right to a trial by jury;. Agreement by the tenant to waive the tenant's right to appeal, or to othenruise
challenge in court, a court decision in connection with the lease; ando Agreement by the tenant to pay attorney's fees or other legal costs even if the
tenant wins in a court proceeding by the owner against the tenant. The tenant,
however, may be obligated to pay costs if the tenant loses. See Attached Form
13 - Lease Addendum.
AGREEMENT WITH PROPERTY OWNER/LANDLORD
The Housing Authority should have an agreement with the property owner/landlord
providing information regarding terms, amounts, security deposit fair housing and
termination.
TERMINATION
Agency must notify tenant in writing when terminating tenant assistance. Agency must
follow landlord tenant rules of the State of California:
1. End of Assistance Time Period: Provide notice in writing to tenant and
landlord.
2. Property Owner Termination: lf a property owner terminates the tenancy
through no fault of the tenant, and the tenant is still eligible for assistance, the
Agency will work to find another unit.
3. Tenant Caused Eviction: lf tenant is evicted due to breaking the lease or
participating in illegal activities, the agency is under no obligation to continue to
provide rental assistance.
4. Tenant Moves: Tenant moves are accommodated only on rare instances such
as family size or job change.
SELF.SUFFICIENCY PROGRAMS
Agreements for self-sufficiency services must be in a separate agreement signed by the
Housing Authority and the participant.
UTILITIES
'1. Utility Costs: Utilities costs are included in the fair market rental calculation.
Agencies must use the utility allowance established by the Housing Authority of
the City of Fresno. The rents must be reduced for tenant paid utilities.
BENGEFICIARY DATA / RECORDS
. Housing Authority will track TBRA tenants, rents and occupancy data and submit
to the City of Fresno with each invoice.o Each agency will maintain a Microsoft Excel reporting checklist format provided
by City of Fresno that includes:
o lndividual's name
o lndividual's date of birlh
o Receiving case management
o Financial eligibility
o Rent below FMR
o HQS lnspection completion date
o Lead based paint inspection
o Lease in file
o Amount of subsidy
o Rental start date
REQUIRED DOCUMENTATION
Note: all forms must have signatures.
All forms must be signed by relevant party at the time of submission.
Agencies receiving HOME funding are required to maintain adequate documentation of
the eligibility of persons served using the HUD, Community Planning and Development,
Office of Affordable Housing Programs, Tenant Based Rental Assistance Guidelines -A
HOME Program Model, January 1997.
Records will be retained for five years after final rental assistance is provided.
o Application
o Coupon (rent calculation)
o lncome verification and subsidy calculations
o Notice of eligibility or ineligibility to prospective applicants
o Rent Reasonableness
o HQS lnspection Checklist
o Tenant, Rents and Low-lncome Occupancy Data
o Lead Based Paint lnspection Report - (Units built before 1978)
o Lease and addendums
o Agreement with owner/landlord
o Case management records
o Notice of end of rental assistance to both tenant and landlord/property owner
r/fm rs/FY2O1 4 code/201 4s u m ma rv.od n
Final FY 2014 FMRs Bv Unit Bedrooms
Efficiency One-
Bedroom
Two-Bedroom Three-
Bedroom
Four-Bedroom
$630 $665 $827 $1,162 $1,356
ATTACHMENT LIST
Form 1 -2014 HUD lncome and Rent Limits
Form 2 - Sample Outreach and Tenant Selection
Form 3 - Sample TBRA Application
Form 4 - Sample HOME RentalAssistance Coupon
Form 5 - Subsidy Calculation Worksheets.xls
Form 5a- Subsidy Calculation Worksheets (Annual lncome Tab)
Form 5b- Subsidy Calculation Worksheets (Adjusted lncome Tab)
Form 5c- Subsidy Calculation Worksheets (Total Tenant Payment Tab)
Form 6 - Sample Request for Unit Approval
Form 7 - HUD HQS lnspection Checklist
Form 8 - Lead-Based Paint Visual lnspection Report
Form 9 - Rent Reasonableness Certification
Form 10 - Landlord Tenant Law Brochure
Form 11 - Lead Based Paint Brochure
Form 12 - Lead Based Paint EPA Disclosure Form
Form 13-LeaseAddendum
Form 14 - Sample TBRA RentalAssistance Contract
Form 15 - Tenant Rents and Low lncome Occupancy
EXHIBIT .,B''
BUDGET
Rental Assistance 50 participants - 24 months $850,000
Utilitv/Securitv Deposits 60 participants $50,000
AdminCosts-2years
Program Manager
Program Supervisor
Housing Coordinator
Financial Analyst
Leasino Costs
05 FTE
1O FTE
1O FTE
05 FTE
$100,000
Total $1,000,000
EXHIBIT "C''
DISCLOSURE OF CONFLICT OF INTEREST
,
Fresno Housing Authority
YES*NO
1.Are you currently in litigation with the City of Fresno or any of
its aqents?K
2.Do you represent any firm, organization or person who is in
litiqation with the Citv of Fresno?K
3.Do you currently represent or perform work for any clients
who do business with the City of Fresno?
K
4.Are you or any of your principals, managers or professionals,
owners or investors in a business which does business with
the City, or in a business which is in litigation with the City?
K
5.Are you or any of your principals, managers or professionals,
related by blood or marriage to any City employee who has
any significant role in the subject matter of this service?
x
6.Are you employed by any other jurisdictions or agencies?v
* lf the answer to any question is yes, please explain in full.
P ton Prin Ekecutive Director
CALIFORNIA
ALL.PURPO SE ACKNOWLEDGMENT
State of California
County of F''RESNO
On October 7.2014, before me, TIFFANY B. MANGUM, Notary Public, personally appeared,
PRESTON PRINCE ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certifu under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
(Notory Seol)
S my hand and official seal.
Commlssion # 1956405
Nolrry PuDllc - Crllfornlr
Description of the Attached Document (optional)
HOME lnvestment Partnerships Program
Title or description of attached document
Number of Pages Document Date
TBRA
( Ad d ition o I I nlo r m o ti o n )