HomeMy WebLinkAboutMarjaree Mason Center - Homeless Prevention - 2009r^ REPORT TO THE CITY COUNCIL AGENDA ITEM NO. 9:30an.a2A
COUNCIL MEETING 9-24-09
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September 24, 2009 cm sura
JOHN DUGAN, Director
Planning and Development Deparanent
CLAUDIA CAZARES, Manage/
Housing and Community Development Division
GREGORY BARFIELD, Homeless Policy and Prevention Manager
SUBJECT: RECOMMEND APPROVAL OF FUNDING AWARDS AND SELECTION OF SUB -GRANTEES
FOR THE CITY OF FRESNO'S HOMELESS PREVENTION AND RAPID RE -HOUSING
PROGRAM AS FUNDED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT', ADOPT THE AMENDMENT TO THE FY 2008-2009 ANNUAL ACTION PLAN
TO INCLUDE THE AWARDS', AND AUTHORIZE CITY MANAGER TO SIGN ALL REQUIRED
IMPLEMENTING, AND CONTRACTUAL DOCUMENTS AS APPROVED TO FORM BY THE
CITYATTORNEY
RECOMMENDATIONS
Staff recommends that the City Council approve:
11 the funding awards and the selection of su"Fantees, to Provide services as funded by Ne
Homeless Prevention and Rapid Re -Housing Program (HPRP) grant invented by the U.S.
Department of Housing and Urban Development (HUD) to the City of Fresno under the 2009
American Recovery and Reinvestment Act (ARRA), as follows: $118,915 to Cantral California
Legal Services', $278,315 to AspiraNet: $309,000 to Marjaree Mason Center $398,385 to
WeatCare: $900,000 to Fresno County ECC: $258,301 to Angels of Grew Foster Family
Agency; $1,050,000 to the Housing AuOOMy of the City of Fresno- Rapid Re -Housing and
$250,000 to the Housing Authority of the City of Fresno- HMIS,
2) Adopt the amendment to Ne FY 2008-2009 Annual Action Plan to include the awards as
specifed above;
3) Authodae City Manager to sign all required implementing, and contractual documents as
approved to forth by the City Attorney.
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p6p)sltion
TO THE CITY COUNCIL
and Award of HPRP Sub -Grantees
sr 24, 2009
Page 2
EXECUTIVE SUMMARY
In March 2009 the City was awarded a direct formula allocation of $3,131 in HPRP funds based on our
annual receipt of McKinney -Veno funds through the Emergency Shelter Grant (ESG) Program. The County ol
Fresno also received a direct allocation of HPRP funds. Since that time, Me City has been working In
partnership with the County to administer a collaborative Program for the expenditure of these funtls. A joint
City/County Request for Proposals (RFP) was issued on July 15, 2009. The agencies selected for funding are
Central California Legal Services, AspiraNet. Magaree Mason Center, WestCare for fire 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 far administration of
the Homeless Management Information Systems (HMIS). Services Nil be provided over a three year term,
and the agencies will provide assistance related to housing of Persons at risk of becoming homeless and
Persons that are currently homeless, as well as provide housing relocation and stabilization serncea such as
case management and credit repair. The remaining $72,827 will utilized by City Beef to provide program
administration over the time year pend.
BACKGROUND
In response to the national economic crisis, President Obama and Congress pressed the American Recovery 8
Revaluation Act (ARRA) that allocated approximately $750 billion to fund different programs and projects
Warred at stimulating Me economyincluded in the ARRA is $1.5 billion in funding that will he used to provide
affordable housing, services, and jobs for the nation's most vulnerable persona.
Through the Amencan Recovery and Reinvestment Act 02009 (ARRA) the City of Fresno was awarded over
$3.13 million of funding under the Homeless Prevention and Rapid Re -Housing Program (HPRP). The County
of Fresno received $1,634,630. HPRP is intended to Provide homeless prevention services to households
threatened to become homeless, and to rapidly re -house persons who are homeless.
In order to receive the federal funding, jurisdictions was required to submit an application to HUD in May
2009, and amend Meir Annual Action Plan to include the administration of HPRP funding. The City Council
approved both on May 14, 2009. As part of Council action, staff requested authorimbon to collaborate with Me
County of Fresno In issuing a Jaint Request for Proposals (RFP), and partner with the County to administer a
regional approach and provide seamless programming and services under HPRP.
The Joint RFP was issued on July 15, 2009, with applications due on August 10, 2009. Each eligible
application was reviewed by a team of City and County members, whh assistance from the Fresno -Madera
Continuum of Care. The recommended agencies, programs, and award amounts, for your approval are as
follows'
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. Marjame Mason Center- $304,000, to provide housing and stabilization services to victims of domestic
violence
4. WestCare - $398,385, to provide housing and stabilization services to San Joaquin Valley veterans
5. Fresno County EOC - $40OOW, to provide housing and stabillzation services to individuals and
families
REPORT TO THE CITY COUNCIL
Approval and Award of HPRP SubGrantees
September 24, 2009
Page 3
S. Ange s of Grace Foster Family Agency - $25$301 to provide housing and stabilization services to
young women aping out of foster rare
7. City of Fresno Housing Authonty-$1,050,000, to provide housing and stabilization services to persons
who are currently homeless throughout the City
B. City of Fresno Housing Authority -$250,000, to provide administration of HMIS
A total 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 agendas, is found In Exhibit A. In
addition, the County will also be funding two County Departments for Provision of services.
The implementation and administration of HPRP adMies IS set to commence on October 1, 2003 with fully
executed contracts required to be in place by September 3Q 2009. Each contract will be for a term of one,
year, with two year renewals contingent on subgrantee performance.
Programs to be funded through HPRP Include'. 1) want and medium term On anal assistanceehe
, up to 3 mcr,
and 18 months, respectively, 2) utility Payments, 3) moving Facts, and 4) hoteUmotel vouchers, for up to 30
days, if no appropriate shelter beds and rental housing can be identlfed. In support of persons in new of
housing relocafon and stabilization services, fire City of Fresno will require sub.grantees to provide intense
wrap around services through effective case management. Case Management services will include: direct
outreach, housing and placement assistance; legal Sennas and intervention, credit repair and protective
payee services, or linkages to mainstream supportive services.
C0118baeff" efforts will continue with the FMCOC and the County of Fresno to ensure HPRP funds are
madmked using all resources including mainstream fording and services available to Provide a seamless
xrvice delivery system. As applicants and toweldanes of HUD Supertlofa funding for Shelter, Shelter Plus
Care, and Supportive Housing Grants, the FMCoC can ad as the conduit to identify existing homeless services
and grants received by partners of the group. Identif efflon of the aforementioned information will allow Me
Clty to identify gaps and overlapping services to better disburse funding and impact the creation of long lasting
housing stability for homeless persons and those at risk of becoming homeless. Additionally, local and county
collaboration is essential, as the County has establuhed mental health and other essential services, while the
target population nuddes mainly within the City limits. Collaboration will allow both governmental entitles to
address increased homelessness that can was because of th existing economic climate and is a key goal of
the City of Fresno and County of Fresno's 10 Year Plan to End Chronic Homelessness.
The Housing and Community Development Division will maintain direct program oversight for HPRP. The
City'e Homeless Policy and Prevention Manager will oversee the day -today management of sub-graniees.
The Housing and Community Development Division will work with the Budget and Management Studies
Division (BMSD) staff, which has responsibility for other HUD entitlement programs and federal reporting.
mnunemeMe
FISCAL IMPACT
=ands for these awards are available In the Planning and Development Department's FY 2009-2010
3ud9et.
blachments: Exhibit A: List of SubGrantees and recommended funding levels for the City of Fresno
and the County of Fresno
EXHIBIT A
HPRP FUNDING AMOUNTS AND AGENCIES
CITY OF FRESNO AND COUNTY OF FRESNO
ane
CI
Court
OTAL
Central CahlorrieL Sarices
$110915
$29]29
$148044
As iraNet
$2]8318
$89.579
$347,897
Me "arae Mason Center
$304,000
$90000
$400000
WestGare California-Velerare
$398,385
$398,305
Fresno EOC Sanma
$100000
$400000
An HOt Grace Fosler Faml A
$258301
$141133
$399.4M
Houti Autlmri C" of Fresno
$1050000
$1.050000
NMIS-Housin A000n Ci /Coun
$250A00
$150000
$400000
Ce. Assoc, for the Ph sicxl Hardin
$231 591
$231 091
Housin AuNwMes Fresno Coun
$228590
$T�588
United Way of Fresno Ca
$150000
$150000
TOTAL
3051;819
$1094830
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AGREEMENT
THIS AGREEMENT is made and entered Into this 25 day of September 2009 ("Eaecflve Date')
by and between the CITY OF FRESNO, a municipal corporation of the State of California.
(hereinafter referred to as "CITY"I, and MARJAREE MASON CENTER, INC. a California Private
NonFrotlt Organization, (hereinafter referred to as "SUB -GRANTEE').
WITNESSETH:
WHEREAS, the CITY and the CITY's of Fresno"s Planning and Development Department have
been designated as the sponspring 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 Fee l American Recovery and Reinvestment Act of 2009 and the laws of the State M
Calllornia: and
WHEREAS, the United States Congress has designated $15 billion for communities to provide
financial assistance and services to either prevent individuals and families from becoming homeless,
and to help those who are experiencing homelessness to be quickly re -housed and stablllZed: and.
WHEREAS, CITY submitted a substantial amendment on May 18, 2009 to It's Fiscal Year
2008-2008 Annual Action Plan to include appropriation of HPRP funding: and
WHEREAS, SUB -GRANTEE has submHled a program plan that coin provide homeless
prevention endear rapid re -housing services consistent with the Intent and purpose of said provisions
of Title XII of the Federal Ametican Recovery and Reinvestment Act of 2009, and SUB-GRANTEE's
program plan has been approved by CITY
NOW THEREFORE, in consideration of their mutual covenants and conditions, the parties
hereto agree as follows.
1. SERVICES
A. SUB -GRANTEE shall perform all services and fulfil all responelpili8es as set
forth In Its program plan, attached hereto as Exhibit A, Incorporated herein by reference and made part
of this Agreement.
B. SUB -GRANTEE shall also. perform all services and fulfill all responsibilities as
identified In Joint City of Fresn0l County of Frasno's Request for Proposal (RFP) No. 982-4728 asked
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July 15, 2009 and Addendum No. One (1) dated July 29, 2009 and Addendum No. Two (2) dated July
31, 2009, (hereinafter collectively referred to as 'JOINT CITY I COUNTY Revised RFP") and SUB-
GRANTEE's response to said JOINT CITY ICOUNTY Revised RFP. dated August 10, 2009, all
incorporated herein by reference and made pan of this Agreement. In the event of any Inconsistency
among these documents, the inconsistency shall be resolved by giving precedence in the fallowing
order of priority: 1) to this Agreement, including all Exhibits, 2) to the JOINT CITY/ COUNTY Revised
Fit 3)to the SUB -GRANTEE'S Response to the Revised RFP. A copy of JOINT CITY/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 Pedoon all services fallowing the HUGS Notice of
Allocations. Application Procedures and Requirements for Homelessness Prevention and Rapid Rai
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 -5307-N-02 )
2. TERM
This Agreement shall become effective on the Effective Date and shall terminate on the 29th
day of September 2010. This Agreement shall be automatically extended for two (2) additional twelve
(12) month periods upon the same terms and conditions herein set forth, unless written notice of non-
renewal Is given by SUB -GRANTEE, CITY or City Manager or designee, not later than sixty (60) days
pdorto the close of the current Agreement pedod.
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 funds by the appropriating government agency,
Should sufficient funds not be allocated, the services provided may be modRled, or this Agreement
laminated! at any time by CITY by giving SUB -GRANTEE thlny (30)days advance written notice.
B. Breach of Contract — CITY, may immediately suspend or terminate this
Agreement in whole or in part where In the determination of the CITY there is:
11 an illegal or improper use of funds
1- QFY OF FRESNO
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2) a failure to comply with any term of this Agreement;
3) a substantially incorrect or incomplete report submitted to CITY or
4) improperly performed service.
In no event shall any payment by CITY constitute a waiver by CITY of any breach of this
Agreement or any default, which may then exist on thepad of SU&GRANTEE Neither shall such
payment impair or prejudice any remedy available to CITY with respect to breach or default. CITY
shall have the right to demand of SUB -GRANTEE the repayment to the CITY of any funds disbursed
to SUB -GRANTEE under this Agreement which in the judgment of CITY were not expended In
accordance with the terms of this Agreement. SUB -GRANTEE shallpremplly refund any such funds
upon demand or, at CITY s option', such repayment shall be deducted from future payments owing b
SUB -GRANTEE under this Agreement.
C. Without Cause — Under circumstances other Nan those set forth above, this
Agreement may be terminated by CITY or SUB -GRANTEE upon the giving of thirly (30) days
advance written house of an intention to terminate.
4. 60MPENSATION I INVOICING
A. CITY agrees to pay SUBGRANTEEand SUB -GRANTEE agrees to receive
compensation based on actual expenditures incurred by SUB -GRANTEE in accordance with the
budget Identified In Exhibit B, attached hereto and by this reference Incorporated header 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 fail to comply with any
prowfon of this Agreement, CITY shall be relieved of Its obligation for further compensation.
Payments shall be made by CITY to SUB -GRANTEE in arrears, for services provided turning
Me preceding month. Such payment by CITY shall be made within thirty days (30) days after the
date of receipt by CITY of a coreclly completed invoice in accordance with fine provisions of this
paragraph, and shall be for actual expenditures Incurred by SUB -GRANTEE in accordance wild
Exhibit B, Payments shall bemade after receipt and verificetlon of actual expenditures incurred by
SUB -GRANTEE In the performance of this Agreement and shall be documented to CITY on a
monthly basis by the tenth (10th)day of the monthfollowing the month of said expenditures in an
OF FRESNO
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invoice,The invoice shall be in a form and in such detall as acceptable to CITY.
SUB -GRANTEE shall submit'rnvoices to Claudia Cabbies, City of Fresno Housing Manager, at
B. Changes to line items in the budget set forth in Exhibit B, attached hereto may
be made with the prior written approval of CITY. Said budget line item changes shall not result in any
change to the maximum compensation amount payable to SUB GRANTEE as stated herein.
C. Any compensation not consumed by expenditures of SUB -GRANTEE by the
expiration or termihatlon date of this Agreement shall be Immediately repaid to CITY.
D. CITY shall not be obligated to make any payments under this Agreement N to
request for payment Is received by CITY more than sixty (60) days after the date of termination of be
Agreement or the date of expiration of this Agreement, whichever occurs first
E, CITY a failure to inform SUB -GRANTEE of any reporting requirements shall not
rollover SUB -GRANTEE of compliance with any HPRP reaching requirements.
E The following 'Required Expenditure and Program Progress Threshold' criteria
have been established to guide the SUBGRANTEE in structuring and spheduhng their expenditure
of funds and program progress to determine performance beginning September 30. 2009 and each
September thereafter.
Milestone Dates l Call Minimum Puri Threshold
October, November, December 20% of Contracted Amount l Program Goals
V quarter
January, February. March 50% of Contracted Amount l Program Goals
2"°quarter
April, May, June. 80% of Contracted Amount I Program Goals
3° quarter
July, August, September 100% of Contracted Amount l Program Goals
4° quarter
S. INDEPENDENT CONTRACTOR
In performance of the work, duties, and obtigatiens assumed by SUB -GRANTEE under this
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Agreement, it is mutually understood and agreed that SUB GRANTEE including any and all of Si
GRANTEE's officers, agents, and employees, will at all times be acting and performing as an
ihusbanded! contractor, and shall act In an independent capacity and not as an officer, agent,
servant, employee, joint venturer, partner, or associate of CITY. Furthermore. CITY shall have no
fight to control, supervise or direct the manner or method by which SUB -GRANTEE shall perform Its
work and function. However, CITY shall retain the right to administer this Agreement so as to verify
that SUBGRANTEEis performing its obligations In accordance with the terms and conditions hereof.
SUB -GRANTEE and CITY shall comply with all applicable provisions of law and the rules and
regulations, if any, of governmental authorities having jurisdiction over matters which are directly or
indirectly the subject of this Agreement.
Because of its status as an Independent contractor, SUB -GRANTEE shall have absolutely no
right to employment rights and benefits available to CITY employees. SUB -GRANTEE shall be solely
liable and responsible for providing to, or on behalf of. its employees all legally -required employee
benefits. In addition, SUB -GRANTEE shall be solely responsible and hold CITY harmless from all
matters relating to payment of SUB -GRANTEE 's employees, including condolence with Social
Security, withholding, and all other regulation governing such matters. It is acknowledged that
during the term of this Agreement, SUB -GRANTEE may be providing services to others unrelated to
CITY or to this Agreement.
S. MODIFICATION
This Agreement may be modified from time b. time by the written consent of all the parties.
Notwithstanding the foregoing, where it Is detachment by CITY that there is a need to make any
changes in the project, fiscal procedures and systems, or the terms and conditions of this Agreement,
refusal by SUB -GRANTEE to accept the change is grounds for terminated of this Agreement Any
such change Shall be incorporated by written amendments to this Agreement and shall be approved
by the reach City Council.
1. NON -ASSIGNMENT
Neither party shall assign or transfer this Agreement nor their rights or duties under this
Agreement without the prior written consent of the other parry.
5- QIYOF FRESNO
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a. INDEMNIFICATION
To the furthest extent allowed by law, SUB -GRANTEE shall indemnify, hold harmless and
defend CITY and each of its officers, officials, employees, agents and authorized volunteers from any
and all loss, liability, fines, penalties, forfeitures, casts and damages (whether in contract, tad or strict
liability, including but not limited to personal Injury, death at any time and pmpedy damage), and from
any and all claims, demands and actions In law or equity including reasonable attorneys teas and
litigation expenses)that arse 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, SUBGRANTEE shall require each subcontractor to indemnify. hold harmless and
defend CITY and each of its officers, officials , employees, agents and auMorized 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. SUBGRANTEE shall pay for and
maintain in full force and effect all insurance as required in Exhibit C or as may be authrrizad 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 fail 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 pursuant to this section shall In
any way relieve SUB -GRANTEE of IN responsibilities under this Agreement. The phrase "fail to
maintain any required insuranceshall include, without limitation, notification received by CITY Nat an
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insurer has commenced proceedings, or has had proceedings commanwtl against it, IndIddIng that
the. insurer is Insolvent.
C. The fact that insurance is obtained by SUB -GRANTEE shall not be deemed to
release or diminish the liability of SUB GRANTEE Including, without limitation, family under the
indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and
liability regardless of whether any Insurance policies are applicable. The policy limits do not ad as a
limitation upon the amount of Indemnification to be provided by SUB GRANTEE Approval or
purchase of any insurance contracts or policies shall in no way relieve from facility nor limit the Ilabllity,
of SUB -GRANTEE, Its principals, officers, agents, employees, persons under thesupervision of SUB-
GRANTEE, vendors, suppliers, invitees, consultants, sub -consultants, subcontractors, or anyone
employed directly or Indirectly by any of them.
O. Upon request of CITY, SUB -GRANTEE shall Immediately furnish CITY with a
complete copy of any insurance policy required under this Agreement, including all endorsements,
with sad copy wolfed by the underwriter to be a true and cannot copy of the original policy. This
requirement shall survive expiration or termination of this Agreement.
E. If SUB -GRANTEE should subcontract all or any portion of the services to be
performed under this Agreement. SUBGRANTEE shall require each subcontractor to provide
Insurance protection in favor of CITY and each of Its officersoi. employees, agents and
authorized volunteers in accordance with the terms of this section, except that any required certificates
and applicable endorsements shall be on fie with SUB GRANTEE and CITY prior to the
commencement of any services by the subcontractor"
10. PUBLIC INFORMATION
SUB -GRANTEE shall disclose CITY, the County of Fresno, and the U.S, Department of
Housing and Urban Development (HUD) as a funding source in all public information
11. POLITICAL RELIGIOUS AND LOBBYING ACTIVITY PROHIBITED
A. None of the funds or serNces provided directly or indirectly under this
Agreement shall be used for any paltical activity, lobbying, or propaganda purposes designed to
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support or defeat legislation pending before any legislative body, the Congress of the United States or
the Legislature of the State of California or to further the election or defeat of any ballot measure or
candidate for public office.
B. None of the funds or services provided clearly or indirectly under this
Agreement shall be used our any religious activity, Including but not limited to religious worship,
Instruction, or prosthrizalion, or to purchase religious materials.
C. SUBGRANTEEshall not require those individuals or entities receiving the funds
or services, In whale or In pan. by this Agreement to attend or lake pad in any religious activities.
Furthermore, SUB-GRANTEE shall lake 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, inshuction, or proselytieaticn.
12. SUPPLEMENTAL SOURCES
SUB-GRANTEE shall not use any funds under this Agreement to the extent that there are any
other existing or :contemplated funds available to SU&GRANTEE to be expended for Ne same
ervlces covered by this Agreement. SUB-GRANTEE shall provide women notification and
explanation to CITY of any funds received from another source to conduct the same services covered
by this Agreement within five (5) days of the receipt of such funds. Upon Confirmation that SUB-
GRANTEE has received funds from any other spume to conduct the same services covered by this
Agreement, CITY shall have the right to reduce its payment amount accordingly.
13. COMPLIANCE WITH APPLICABLE LAWS
SUBGRANTEEshall comply with :all rules and nalWalions 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 51050.
SUBGRANTEE and any subcontractors shall comply with all applicable local, State, Federal
laws, ordinances, regulations and Fresno City Municipal Cade provisions applicable to Ne
performance of semces.
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14. RECORDS, AUDITS ANO INSPECTIONS
A. Record Establishment and Maintenance
SUB -GRANTEE shall establish and maintain records in accordance with those
requirements prescribed by CITY, with respect to all matters covered by this Agreement. SUB-
GRANTEE shall retain all Oscal books, account records, and confidential client files for services
performed under this Agreement for at least five (5) years from the date of the final payment under
this Agreement or until all State and Federal audits are completed for that fiscal year, whichever is
later. Pursuant to State and Federal law, it is the Intent of the pashas to this Agreement that the SUB
GRANTEE shall be reimbursed for actual costs incurred in the performance of this Agreement not to
exceed the contract maximum but that no prof( is to accrue to the SUB -GRANTEE on account of
such performance.
B. Activity and Progress Reports
SUB -GRANTEE shall submit to CITY by the tenth (1Dj0) of each month, an activity report for
the previous month as described by the CITY, but It shall Include but not limited to, a program
progress wr ache, job creation I retained by these funds, program performance including the
number of unduplicated persons and households served, their status, type of housing services
provided Tuamotu[ information regarding funs expended in the prior month: including total
expenditures made to date, reporting completed through HMIS, status of HMIS data input. SUB-
GRANTEE shall also furnish to CITY such statements, receipts, reports, data. support documentation
and other information as CITY may request partalning to matters covered by this Agreement Said
support docurcenragon most Indicate the line item budget account number to which the cost is
charged. In the event that SUBGRANTEEfalls to proved such reports or other Informalion required
hereunder. It shall be deemed sufficient cause for CRY to withhold monthly payments until there is
compliance The monthly activity report shall be In a form and in such bound as prescribed and
acceptable to CITY's City Manager or designee.
C. Slide Audit Federal Common Rule Audit Recuremenls
1) If SUB -GRANTEE expends Five Hundred Thousand Dollars ($500,000)
or more in Federal and Federal flow-through monies, SUB -GRANTEE agrees to conduct an annual
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audit In accordance with the requirements of the Single Audit Standards as set forth in Office of
Management and Budget (OMB) Circular A-122 and A-133. SUB -GRANTEE shall submit said audit
and management letter to CITY. The audit must include a statement of finings or a statement that
there were no findings. If there were negative findings, SUS -GRANTEE must include a corrective
action plan signed by an authorized individual. SUB -GRANTEE agrees to take action to correct any
material non-compliance or weakness found as a result of such audit. Such audit shall be delivered
to CITY, for review within three (3) months of the end of any Ins®I 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 CITYS
Option, contracting with a public accountant to perform said auditand may result in the inability of
CITY to enter into future agreements with SUB GRANTEE All audit costs related to this Agreement
are the sole responsibility of SU&GRANTEE. Audit work performed by CITY under this paragraph
shall be billed to SUB-GRgNTEE at CITY cost, as determined by CITY.
2) A single audit report is not applicable if all SUB -GRANTEE Federal.
contracts do trot exceed the Five Hundred Thousand Dollars ($500,000) requirement. If a single audit
is not applicable, a program audit must be performed and a program audit report with management
letter shall he submitted by SUB -GRANTEE to CITY as a minimum requirement to attest to SUB -
GRANTEE'S SONency..Said audit report shall be delivered to CITY for review no later than three (3)
months after the close of the 'i year In which the funds supplied through this Agreement are
expended Failure to comply with his Act may result In CITY performing the necessary audit tasks or
contracting with a qualified accountant to perform said audit An audit costs related to this Agreement
are the sole responsibility of SUB -GRANTEE. SUB -GRANTEE agrees to lake corrective action to
atiminate any material noncompliance or weakness found as a result of such audit Audit work
performed by CITY under this paragraph shall be billed to SUB -GRANTEE at CITY Cost, as
determined by CITY -
3) SUB -GRANTEE shall make available all records and accounts for
Inspection by CITY, the State of California, me Comptroller General of Ne United States, the Federal
Grantor Agency, or any of their duly authorized representatives, at all reasonable times for a period of
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at least five (5) years following final payment under this Agreement or the closure of all other pending
mallets, whichever N later.
15. HPRP Eligibility d Repair Requirements
A. SUB -GRANTEE Is requbed to participate In the Fresno Madera Continuum of
Care (FMCoi Participation is defined as attendance at a minimum of 75% of all FMCoC Director's
meetings.
B CHY'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 eliglbillly, and reporting requirements. SUBGRANTEEagrees, In accordance with the
requirements of the HPRP Program, that ALL beneficiaries of SUI&GRANTEE s activities premed
under this Agreement must meet the following minimum anteda'.
1) Any individual or family provided with financial assistance through HPRP
must have at least an initial consultation 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 Median Income (AMI) as referenced In Exhibit E, into@orated herein by reference acrd made
Pan 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 oral nsk of losing its housing
and meet both the following circumstances. (1) no appropriate subsequent housing optlons have
been Identified. AND (2) the household lacks the financial resources and support networks needed to
obtain Immediate housing or remain in its existing housing.
C, For assistance under the Rapid Re -Housing category, persons who are
homeless according the definition provided under the Department of Housing and Uman
Development (HUD), meet the minimum requirements aforementioned AND meet one of the following
crucial are eligible under Me rapid re housing portion of HPRP.
1) Sleeping in an emergency shelter;
2) Sleeping in a place not meant far human habitation, such as rots, parks,
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abandoned buildings, stresialsideweks;
3) Staying in a hospital or other Institution far up to 180 days but was
sleeping in an emergency shelter or other place not meant for human habitation immediately prior to
on" Into the hospital or institution;
4) Becoming from, or timing out of a 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 all clients. Completion of this assessment which may review nsk factors being
homeless Or becoming homeless and barriers to housing will assist the SUB -GRANTEE In Identifying
the appropriate level of financial assistance, if any, and the appropriate mix of supportive services. NO
household may receive HPRP financial assistance unless they have been assessed by a rase
manager or other authorized representative to determine the appropriate type of assistance
SUB -GRANTEE will ba 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 chants for
eligibility and to help detemtine the appropriate level of service. This instrument Is being designed
With input from both jurisdictional staff and service providers and may be modlfed locally to account
for specific local targeting priorities. This tool may be adjusted during the worse of the contract period
antl SUB -GRANTEE will be expected to implement any modifications made to the tool during the
course of the contract within the context of the program.
Providers will also ha required to verify client household income, using the Income verification
requirements and practices as provided by the CITY.
Once the client household has been assessed, SUB -GRANTEE will work with the client to develop
an appropriate housing and Income stability plan. The plan will identity steps that the household will
take to secure Or stabilize their housing situation, ensure that household costs are covered with a
combination of income and services for which the household may be eligible (such as food, menages,
training and/or employment services and subsidized child care), reduce the Impact of utilities on the
households budget, and other steps necessary to hetp the household achieve stable housing after
offer participation in the program concludes.
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For Ne HPRP program, assessment and housing plan development are considered case
management services. SUB -GRANTEE will be responsible for authorizing HPRP financial assistance
for elglble households and issuing payment to landlords, utility companies and possibly other third
party vendors such as hotel/motels and storage or moving companies.
Based on the assessment of the household s needs, SUB -GRANTEE may authorize a number of
forms of financial assistance. Financial assistance may include'.
Rent arrears payments (up to 6 months)
Security deposit payments
Moving costs (eg. moving company, short term storage of up to three months)
Short lemur rental assistance (up to 3 months)
Medium tens rental assistance (4 to 18 months)
Utility arrears payment (up to 6 months)
• Utility deposits
Utility payment assistance (up to 18 months)
• Hotel/Motel vouchers for up to 30 days. If no appropriate shelter adds are available and
subsequent rental housing has been identified but is not Immediately available for move -In by
the program participants.
Rental assistance provided may not exceed rental costs accrued over the assistance penod (t. e.
Shop term rental assistance may not exceed renal 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 time and for the same cost
types that are being provided under another federal. state or local housing subsidy program. Mortgage
assistance is specifically excluded. No assistance can be provided to any program participant for
more than 18 months total.
SUBGRANTEE must certify eligibility at least once every 3 months for all program
participants receiving medium term rental assistance (4-18 months).
Use other resources first: The SUR -GRANTEE will be expected to ensure Met other
Simmons are tapped prior to committing HPRP funds for prompted assistance.
18. Minimum Dage Collection ReQuiresinefinfir
A, SUB -GRANTEE is required to collect and regard client -level data to a database
comparable to Ne local HM IS urn by the Fresno Housing Authorities of the City and County of Fresno
through a MOU with the Fresno Madera Continuum of Care (FMCOC) or a data base that complies
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with any special requirements which may developed by HUD for legal services or Domestic Violence
provides. Reporting in a
database comparable to HMIS Is a requirement of HPRP funding_ The
comparable database will
be maintained by the SUB -GRANTEE and used to collect data and ration
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 completes.
At a
minimum, SUB -GRANTEE must enter the following Information In the
comparable database for federal reporting purposes'.
1)
Name
2)
Social Security Number
3)
Date of Birth
4)
Race
5)
Ethnicity,
5)
Gender
7)
Veteran Status
8)
Disabling Condition
9)
Residence Prior to Program Entry
10)
Zip Code of Last Permanent Address
11)
Housing Status
12)
Program Entry Data
13)
Program Exii Date
14)
Personal Identification Number
15)
Household identification Number
16)
Income and Sources
17)
Non -Cash Benefits.
18)
Destination (where client will stay upon exit)
19)
Financial Services Provided
20)
Housing Relocation & Stabilization Services Provided
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IF SUB -GRANTEE is a legal services or domestic violence provider and requires cllent-level
Information to remain confidential, and they will establish a comparable client -level database
Internally to its organization a g. no identifying data shared with the HMIS or the CITY and will
proved only aggregate data to the CITY as required SUB-GRAR]i will work with the HMIS
administering agency, as an agent of the FMCgC, 10 determine that the alternative database meats
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 must be recorded about each HPRP program
in the. HMIS and the fields needed to correctly generate the HPRP performance reports are required
to be collected in the comparable database.
17. Confidentiality
All services performed by SUB -GRANTEE under this Agreement shall be In strict
conformance with all applicable Federal, State of Callornia and/or local laws and regulations relating
to comidentlaity, including but not limited to, California Welfare and Institutions Cade section 10850.
California Business and Professions Code Section 6069 and California Attorney Rules of
Professlonal Conduct 3-100.
SUBGRANTEE will ensure the confidentially of all recands pertaining to any Individual
provided assistance and that the address of location of any assisted housing will not be made public,
except to the extend that the prohibition contradicts a preexisting privacy policy of the CITY.
18. Documentation
A. Service Documentation
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 desuiptlon of services
provided on each occasion In accordance with paragraph 1$b) of this Agreement. These records
and any other SUB -GRANTEE document pertaining in whole or part to this Agreement, shall be
clearly Identiled and readily accessible to CITY or any other State or Fa l agency performing a
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lawful auditor Inspection of SUB-GRANTEE's and/or its services. In all other respects such records
shall be held by SUB -GRANTEE in conformance with all applicable Federal, State of California
all local laws and regulations losing to confidentiality.
B. Cost Documentation
11 SUB -GRANTEE shall establish accounting and bookkeeping
procedures, in accordance with standard accounting and bookkeeping practices, including but not
limited to, employee time cards, payrolls, Invoices, vouchers, orders, and other records of all
transactions to bepaid with HPRP funds in accordance with the performance of this Agreement.
2) SUB -GRANTEE shall cooperate fully with CITY, State and Federal
agencies, which shall have Ne right to monitor and audit all work performed under us Agreement.
3) CITY shall notify SUB -GRANTEE in writing within thirty (30) days of any
potential State or Federal exception discovered during an examination. Where findings indicate that
program requirementsare not being met and State and Federal coordination in this program may be
imperiled, failure to make the corrections by SUBGRANTEE within thry (30) days of winded
notification by CITY that corrections are maned. will justify termination of said Agreement in
accordance with Paragraph 3.13 of this Agreement,
4) SUBGRANTEEshall also agree to on-site monitoring and personal
interviews of any program participants, or any of SU&GPANTEE's staff and employees, by
appropriate CITY staff on at least a quarterly basis.
19. EQUIPMENT
X All items purchased with funds provided untler this Agreement or which are
furnished to SUB -GRANTEE which have a single unit cost In excess of Five Thousand Dollars
($5,000.00) including salestax and have a useful life of more than one (1) year shall be considered
capital equipmentfine to all items of capital equipment purchased shall vest and will remain vested
In the City of Fresno SUB -GRANTEE further agrees to the following.
I) To maintain all items of capital equipment in good working order and
condition, normal wear and tear excepted, and
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2) To label all items of capital equipment, perform periodic inventories as
required by CITY and to maintain an Inventory list showing where and how the capital equipment is
being used. in accordance with procedures developed by CITY. All such lists shall be submided to
CITY within len (10) days of any request therefore;. and
3) To report in codling to CITY Immediately after discovery, the loss or theft
of any items of capital equipment. For stolen Items, the local law enforcement agency must be
contacted and a copy of the police report submitted to CITY.
B. The purchase of any capital equipment by SUB -GRANTEE shall require the
prior written approval of CITY, and must be appropriate and directly related to SUBGRANTEE'e
service or activity under the terrns of the Agreement No capital equipment shall he purchased during
the fourth (41') 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
It SUBGRANTEE should propose to subcontract with one (1)or more third parries to
carry out a portion of those services described In paragraph one (1) of the 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 execution and implementation. Any such subcontract, together with all other
activities performed, or caused by SUB -GRANTEE, shall not allow compensation greater than the
total project budget 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.
SUBGRANTEEshall be responsible to CITY for the proper performance of any
subcontract. Any subcontractor shall Ire subject to all of the same terms and conditions Mat SUB-
GRANTEE is subject to under his 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, officer, or director of a corporation, association,
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or parmarship subcontracting with SUB-GRANFEE.
21. CONFLICT OF INTEREST
No officer, employee, or agent of CITY who exercises any function or responsibility for
planning and carrying out of the services provided under this Agreement shall have any direct or
Indirect personal financial Interest in this Agreement SUB-GRAWEE shall comply with all Federal.
State and local conflict of Interest laws, statutes, and regulations, which shall be applicable to all
partles and benegciades under this Agreement and any officer, employee, or agent of CITU.
22. NON-DISCRIMINATION
During the performance of this Agreement SUB -GRANTEE shall not unlawfully
discriminate against any employee or applicant for employment, or recipient of services, because of
race, religion, Color, national origin, ancestry, physical handicap, medical condition, marital status,
age or sex, pursuant to all applicable State and Federal statutes and regulations.
SUB -GRANTEE shall prepare and make available to CITY's City Manager and to the
public all eligibility requirements to participate In the program plan set forth In said Exhibit A. attached
hereto.
If an allegation of discrimination occurs, CITY may withhold all further funds Until SUB-
GRANTEE can show by clear and convincing evidence to the satisfaction of CITY that funds provided
under this Agreement were not used In connection with dre alleged discrimination.
23. DISCHARGE COORDINATION POLICY
SUB -GRANTEE must develop and implement, to the maximum .extent practicable and where
appropriate, policies and protocols for the discharge of persons from publicly funded instilufons or
systems of care (such as health care facilities, foster care or other youth facilities, or correctional
programs and institutions), in order to. prevent such discharge from immediately r sull in
homelessness for such persons, as applicable.
24. EVALUATION
CITY shall monitor and evaluate the performance of SUB -GRANTEE under this Agreement to
determine to the best passible 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
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this Agreement. SUB -GRANTEE shall at any time during business hours, and as often as CIN
deems necessary, used available for examination, inspection, audit or copying all books and records,
perspiring to the goods and services furnished under the terms of this Agreement for the purpose W
and not limiters to authorizers review for fiscal and program audits.
25. NEPOTISM
Except by written consent of CITY, no person shall be employed by SUB -GRANTEE who is
related by blood or manage to any member of be Board of Directors or any officer of SUB-
GRANTEE.
26. CERTIFICATION REGARDING DEBARMENT SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION -LOWER TIER COVERED TRANSACTIONS
A. CITY and SUB -GRANTEE recognize that Federal assistance funds are being
used under the terms of this Agreement. For purposes of this paragraph, SUB -GRANTEE will ba
referred tows the -prospective em plat
8. This certification is required by the regulations implementing Executive Order
12549, Debarment and
Suspension, 29 Code of Federal Regulations (CFR)Part 98, section 98510,
Participants' Responslbllities.
1) The prospective recipient of Federal assistance funds certifies by
entering this Agreement, that neither It nor its principals are presently debarred, suspended,
proposers for debarment, declared Ineligible, or voluntarily excluders from participation in this
transaction by any Federal department or agency.
2) The prospective recipient of Funds agrees by entering this Agreement.
Nat 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 coverers transaction,
unless authorizers by the Federal department or agency with which this transaction originated.
3) Where the prospective ancient of Federal assistance funds is Unable to
certify to any of the statements in this certification, such pmspecOve participant shall attach an
explanation to this Agreement.
4) The prospective recipient shall provide immediate written notice to CITY
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if at any time prospective recipient learns that its certification was erroneous when submitted or has
became erroneous by reason of changed circumstances.
5) The prospective recipient further agrees that by entering into his
Agreement, it will include a clause identical to this section entitled 'Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary ExclusionLowerTier Covered Transactions", In
all lower tier covered imnpactrons and in all solicitationsfor lower tier covered transactions.
6) The certification to this section of this Agreement is a material
repiessintinan of fact upon which CITY relied In entering Into this Agreement
27. LIMITED ENGLISH PROFICIENCY
SUBGRANTEEshall provide interpreting and translation services to persons pam ipaling in
SUB-GRANTEE's services that have limited or no English language proficiency, including seances to
persons who are deaf or blind. Interpreter and translation services shall be provided as necessary to
allow such participants meaningful access to the programs, services and benefits provided by SUB-
GRANTEE. Interpreter and translation services, Including translation of SUB -GRANTEE'S 'vital"
documents (those documents That couple Information that is critical for accessing SUB -GRANTEES
services 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 parttaipanl In a
language other than English, demonstrate proficiency in the participant's language and can effectively
communicate any specialized terms and concepts peculiar to SUB -GRANTEES services.
28. AUDITS AND INSPECTIONS
SUB -GRANTEE shall at any time 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. SUBGRANTEE 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 this Agreement.
If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00), SUBGRANTEE
shall be subject to the examination and audit of the Stale Auditor General for a pend of three (3)
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years 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
include the following
CITY SUB -GRANTEE
Housing and Community Marlare Meson Center lnc
Development, Manager 1600 M Street
City of Fresno Fresno California 93721
2600 Fresno Street, Room 3070
Fresno. California 93721
Any and all notices between CITY and SUB -GRANTEE provided for or pounded under this
Agreement or by law shall be in writing and shell be deemed duly served when personally delivered
to one of the parties, or in lieu of such personal service, when deposited in the United States Mail.
postage prepaid, addressed to such party,
30. GOVERNING LAW
The parties agree that for the purposes of warmer performance under this Agreement is to be
the County of Fresno, California,
The rights and obligations of the partes and all interpretation and performance of this
Agreement shall be governed in all respects by the laws of the State of California
31. ENTIRE AGREEMENT
This Agreement including all exhibits, CITY's JOINT CITYICOUNTY Revised RFP, and SUB-
GRANTEE's response theism, completes the entire agreement between SUB -GRANTEE and CITY
with respect to the subject matter hereof and supersedes all previous agreement negotiations,
proposals, commitments. windings, advedlsements, publications and Understandings of any nature
whatsoever unless expressly Included in this Agreement.
-EI- p'IY OP FRESNO
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.
City of Fresno Matinees Masan Center Inc.
2600 Fresno Street. 2nd Floor 1600 M Street
Fresno California 93721 Fresno, California 93721
By:
Andrew T. Souza Pont Name \ khan
City Manager Title: £>,�
121=
City Clerk /
By:
epuly Data Jo/ay
APPROVED AS TO FORM'.
James G Sanchez
Cry Attorney
By:�. Fk -OF
aresI an m, mune_
iBt3B(kX Date
Title
Attachments EXHBIT A: SCOPE OF WORK
EXHBITB: BUDGET
EXHIBIT C: INSURANCE REQUIREMENTS
EXHBIT D:
Copy of HUD HPRP Docket No. FR -5307-N-01 8
-1-'. awoPmmF
Fmm, CA