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HomeMy WebLinkAboutWestcare California - Agreement - 4-1-2023VUUU01 I IF-[ IVCIupgC Ill. UUU I rrot L AGREEMENT BETWEEN WESTCARE CALIFORNIA, INC. AND THE CITY OF FRESNO TO PROVIDE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS GRANT SERVICES TO THE HOMELESS AND THOSE AT RISK OF BECOMING HOMELESS THIS AGREEMENT is made and entered into the 1st day of April, 2023, by and between the CITY OF FRESNO, a California municipal corporation (CITY), as a Recipient of the Housing Opportunities for Persons with AIDS (HOPWA) Grant and WESTCARE CALIFORNIA, INC. a California 501(c)(3) not -for -profit Corporation (PROJECT SPONSOR). CITY and PROJECT SPONSOR are sometimes hereinafter referred to individually as a Party and collectively as Parties. CITY has received a grant commitment from the United States Department of Housing and Urban Development (HUD) to administer and implement the Housing Opportunities for Persons with AIDS in the CITY of Fresno in accordance with the provisions of 24 CFR Part 574 et seq. and California law. The purpose of the HOPWA grant is to provide assistance for persons with HIV/AIDS who are homeless and those at risk of becoming homeless to quickly regain stability in permanent housing after experiencing a housing crisis and/or homelessness within the CITY. Then CITY issued a Notice of Funding Availability (NOFA) on May 06, 2022, to solicit proposals with specific plans to provide eligible HOPWA services in the areas of outreach, emergency shelter, homeless prevention assistance to households who would otherwise become homeless, assistance to rapidly re -house persons who are homeless and related grant administration (up to 7.0% of award). The contract award is contingent upon the PROJECT SPONSOR meeting the requirements of 24 CFR Part 574 and other conditions herein. In response to the Letter of Interest, PROJECT SPONSOR submitted a Proposal which included a Scope of Work and cost proposal (Budget) as described in Exhibits A and B, respectively and represents it is capable and qualified to meet all the requirements of the Letter of Interest and this Agreement. CITY, in accordance with its 2020-2024 Consolidated Plan and Fiscal Year (FY) 2022 Annual Action Plan, desires to provide HOPWA funds to PROJECT SPONSOR for activities and services, as more fully described in Exhibit A, Scope of Services, upon terms and conditions in this Agreement. Pursuant to CITY Resolution No. 2022-127 , the CITY Manager is authorized to execute HOPWA Agreements on behalf of the CITY that are within available allocated HOPWA funding, a standard for approved by the CITY Attorney. NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions and premises hereinafter combined to be kept and performed by the respective Parties, it is mutually agreed as follows: ARTICLE 1 DEFINITIONS. Wherever used in this Agreement or any of the contract documents, the following words shall have the meaning herein given, unless the context requires a different meaning. "ACT' — 24 CFR Part 574 et seq. as revised by the Housing Opportunities for HOPWA Agreement 4/82022 Page 1 form HUD-40110-D (Expiration Date:11/30/2023) OMB Approval No.2506-0133 LIUI:UJIIYI I CI IVCIUyC IU. V:IU I ! V'4L-:1.7J C-'#yUM-000:J-J JFIUJF1 f rr01L Persons with AIDS and Consolidated Plan Conforming Amendments Interim Rule, published in the Federal Register on December 5, 2011 (76 Fed. Reg. 75954). "Administrator" and "Contract Administrator" shall mean the Manager of the Housing and Community Development Division of the Planning and Development Department of CITY or his or her designee. "Bid Proposal" and "Proposal" shall mean PROJECT SPONSOR's response to the Letter of Interest including but not limited to the Budget, Scope of Work, certifications and all attachments and addenda. "Budget" shall mean PROJECT SPONSOR's Cost Proposal submitted with the Bid Proposal. "CITY Manager" shall mean the CITY Manager of CITY. "Contract" or "Contract Documents" shall mean and refer to this Agreement including its exhibits and the NOFA and Bid Proposal with all attachments and addenda thereto. "HOPWA" shall mean Housing Opportunities for Persons with AIDS as set forth in the ACT. "General Conditions" or "General Requirements" shall mean the General Requirements contained in the NOFA. "Program" shall mean services designed to identify sheltered and unsheltered homeless persons, as well as those at risk of homelessness, and provide necessary help to those persons quickly regain stability in permanent housing after experiencing a housing crisis and/or homelessness within the parameters and requirements of the ACT and the HOPWA Policies and Procedures. "Program income" for the specific purpose of this Agreement shall be as defined in the ACT. Unless otherwise provided for in the ACT, program income shall include any and all gross income earned by or accruing to PROJECT SPONSOR in its pursuit hereof provided that the term program income does not include rebates, credits, discounts or refunds realized by PROJECT SPONSOR in its pursuit hereof. "Scope of Services or Services" shall mean those services submitted with PROJECT SPONSOR's bid proposal to be offered in fulfillment of the Program and included in Exhibit A. 1. Contract Administration. This Agreement including all the Contract Documents shall be administered according to the order of precedence set forth herein for CITY by Administrator who shall be PROJECT SPONSOR's point of contact and to whom PROJECT SPONSOR shall report. 2. Scope of Services. PROJECT SPONSOR shall provide the Program in conformity with the Contract Documents and perform to the satisfaction of CITY those services set forth in Exhibit A and services necessarily related or incidental thereto even though not expressly set forth therein. 3. Effective Date and Term of Agreement. It is the intent of the Parties that this Agreement be effective as of the date first set forth above as to all terms and conditions of the Agreement. Services of PROJECT SPONSOR shall commence as of April 1, 2023, and shall end March 31,2024, which shall be the term of this Agreement, unless terminated earlier as provided herein. Furthermore, the PROJECT SPONSOR will fully expend HOPWA Agreement 4/8/2022 Page 2 form HUD-40110-D (Expiration Date:11/30/2023) OMB Approval No. 2506-0133 VUUUJIIJ.II CIIVCIuptl IV. L.IUV I / V'#L-U.7JC-'F.7VF1-OV V:J-JJM:JJM! rrofe Program Year 2020 and 2021 funds prior to the commencement of expending Program Year 2022 funds. The contract end dates may be extended three months after if funding has not yet been fully expended. 4. Compensation and Method of Payment. CITY shall pay PROJECT SPONSOR the aggregate sum of not to exceed Eight Hundred Forty -Nine Thousand Six Hundred Sixty -Five Dollars ($849,665) for satisfactory performance of the services rendered therefore and as set forth in Exhibit B attached hereto and incorporated herein. Compensation is based on actual expenditures incurred by PROJECT SPONSOR in accordance with the Budget set forth in Exhibit B. It is understood that all expenses incidental to PROJECT SPONSOR's performance of services under this Agreement shall be borne by the PROJECT SPONSOR. If PROJECT SPONSOR should fail to comply with any provisions of this Agreement, CITY shall be relieved of its obligation for further compensation. Notwithstanding any payment provisions herein, PROJECT SPONSOR's failure to timely and properly submit required records and reports set forth in this Agreement may be cause for the CITY to suspend or delay reimbursement payments to PROJECT SPONSOR. (a) Payments shall be made by the CITY to PROJECT SPONSOR in arrears, for services provided during the preceding month. Such payment by CITY shall be made in the normal course of business, within thirty (30) days after the date of receipt by CiTY of a correctly completed invoice in accordance with the provisions of this paragraph and shall be for the actual expenditures incurred by PROJECT SPONSOR in accordance with Exhibit B. Payments shall be made after receipt and verification of actual expenditures. All invoices are to be submitted CITY at the address given for notices on the signature page hereof or at such address the CITY may from time to time designate by written notice. (b) The Administrator may, in his or her sole discretion, agree in writing to revise the payment schedule in subsection (a), above, upon PROJECT SPONSOR's showing that such will facilitate delivery of the services; provided, however, that total payments under this Agreement shall not exceed the total amount provided for in subsection (a), and any amounts advanced are authorized and appropriated for that fiscal year of the CITY covering the period for which an advance is proposed. (c) Any funds paid by CITY hereunder which remain unearned at the expiration or earlier termination of the Agreement shall be, and remain in trust, the property of CiTY and shall be remitted to CITY within ten days of expiration or earlier termination of this Agreement. Any interest thereon must be credited to or returned to CITY. Upon any dissolution of PROJECT SPONSOR, all funds advanced pursuant to this Agreement and not expended shall be returned to CITY. (d) CITY will not be obligated to make any payments under this Agreement if the request for payment is received by the CITY more than sixty days after the date of termination of this Agreement or the date of expiration of this Agreement, whichever occurs first. (e) PROJECT SPONSOR understands and agrees that the availability of HOPWA Funding hereunder is subject to the control of HUD and should the HOPWA Funding be encumbered, withdrawn, or otherwise made unavailable to CITY whether earned or promised to PROJECT SPONSOR and/or should CITY in any fiscal year hereunder fail to appropriate said funds, CITY shall not provide said HOPWA Agreement 4/8/2022 Page 3 form MUD-40110-D (Expiration Date: 11/30/2023) OMB Approval No. 2506-0133 UUI:UJIIy.,, CIivt:iu /C IL). Liu Li I / U'4L-:l7J C-4yU/1-OU U:I-JJFIJJM/ rr0/ L funds to PROJECT SPONSOR unless and until they are made available for payment to CITY by HUD and CITY receives and appropriates said Funds. No other funds owned or controlled by CITY shall be obligated under this Agreement to the project(s). Should sufficient funds not be appropriated, the Services provided may be modified, or this Agreement terminated, at any time by the CITY as provided in Section 9 below. (f) PROJECT SPONSOR shall use the funds provided by CITY solely for the purpose of providing the services required under subsection 2 (a) of this Agreement. 5. Progressive Expenditure and Re nest for Payment Deadlines. In order to expend the HUD HOPWA funding prior to its expiration date, the SUBRECIPIENT shall expend 25% of the Grant Award by June 30, 2023; 50% of the Grant Award by September 30, 2023; 75% of the Grant Award by December 31, 2023; and 100% of the Grant Award by March 31, 2024. SUBRECIPIENT shall make Progressive Reimbursement Request Deadlines of eligible HOPWA expenditures within 30 days of the respective Progressive Expenditure Deadlines. SUBRECIPIENT shall make reimbursement requests no later than 30 days after Progressive Expenditure Deadlines as follows: a request for reimbursement of an amount not less than 25% of the Grant Award's allowed cost must be made by July 31, 2023; a request for reimbursement of an amount not less than 50% of the Grant Award's allowed cost must be made by October 31, 2023; a request for reimbursement of an amount not less than 75% of the Grant Award's allowed cost must be made by January 31, 2024; and a request for reimbursement of an amount not less than 100% of the Grant Award's allowed cost must be made by April 30, 2024. Failure to meet these deadlines will result in the recapture of an amount equal to the difference between the required expenditure by the applicable deadline and the actual expenditure by the deadline. 6. _Matching Funds Not a Requirements of PROJECT SPONSOR: The HOPWA program does not require PROJECT SPONSOR to agree to match all HOPWA funding disbursed to it by CITY on a dollar -for -dollar basis. 7. Loss of Third -Party Funding: In the event any funding provided by a party other than CITY for the Program or services being performed by PROJECT SPONSOR is suspended, reduced or withdrawn, then Administrator may suspend this Agreement immediately upon its receipt of notice thereof, or terminate this Agreement as provided in Section 10 below. PROJECT SPONSOR shall notify CITY in writing within seven days if any of the following events occur: (a) Suspension, reduction or withdrawal of PROJECT SPONSOR'S funding by other funding source(s). (b) Addition or resignation of any of PROJECT SPONSOR'S Board of Director members. (c) Resignation or termination of any of PROJECT SPONSOR'S staff, including those staff not funded by this Agreement but essential to the delivery of the services listed in Exhibit A. (d) The Administrator may, in his or her sole discretion, stay such suspension of the Agreement for a period not to exceed thirty days to allow PROJECT SPONSOR to either (i) submit a new service or funding plan for evaluation by Administrator who may accept or reject in his or her sole discretion, HOPWA Agreement 4/8/2022 Page 4 form HUD-40110-D (Expiration Date: 11/30/2023) OMB Approval No. 2506-0133 Ljuuuoly I I CI IV CIupv IU. LiuLJ If I rr0/ G or (ii) complete an orderly phase out of services. If the Administrator accepts such new service or funding plan, then such plan will be subject to the requirements in Section 15 below. 8. Disposition of Program Income. Absent the CITY's written consent, any program income generated hereunder shall be used to reduce the CITY's reimbursement obligations hereunder, or in the absence thereof promptly remitted entirely to the CITY. 9. Events of Default. When in the opinion of CITY, there is an occurrence of any one or more of the following provisions it will represent an Event of Default for purposes of this Agreement. (a) An illegal or improper use of funds. (b) A failure to comply with any term, covenant or condition of this Agreement. (c) Report(s) are submitted to CITY which are incorrect or incomplete in any material respect. (d) The services required hereunder are incapable of or are improperly being performed by PROJECT SPONSOR. (e) Refusal of PROJECT SPONSOR to accept change under Section 17 (f) PROJECT SPONSOR fails to maintain any required insurance. (g) There is a loss of third -party funding (see Section 7 above). (h) PROJECT SPONSOR files, or has filed against it, a petition of bankruptcy, insolvency, or similar law, state or federal, of filing any petition or answer seeking, consenting to, or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief, where such petition shall not have been vacated within fourteen days; or if adjudicated bankrupt or insolvent, under any present or future statute, law, regulation under state or federal law, and judgment or decree is not vacated or set aside within fourteen days. (i) PROJECT SPONSOR's failure, inability or admission in writing of its inability to pay its debts as they become due or PROJECT SPONSOR's assignment for the benefit of creditors. Q) A receiver, trustee, or liquidator being appointed for PROJECT SPONSOR or any substantial part of PROJECT SPONSOR's assets or properties, and not removed within ten days. (k) PROJECT SPONSOR's breach of any other material condition, covenant, warranty, promise or representation contained in this Agreement not otherwise identified within this Section. 10. Termination and Remedies. Upon the occurrence of an Event of Default, CITY shall give written notice PROJECT SPONSOR of the Event of Default by specifying (1) the nature of the event or deficiency giving rise to the default, (2) the action required to cure the deficiency, if, in the sole discretion of CITY, any action to cure is possible, and (3) if the Event of Default is curable, a date, which shall not be less than thirty calendar days from the date of the notice, by which such deficiency must be cured, provided, however that if such failure cannot be remedied in such time, PROJECT SPONSOR shall have an HOPWA Agreement 4/8/2022 Page 5 form HUD-40110-D (Expiration Date: 11130/2023) OMB Approval No. 2506-0133 VUI:U01yII CIIVCIup", IU. L.lUU I I rrO/L additional thirty days to remedy such failure so long as PROJECT SPONSOR is diligently and in good faith pursuing such remedy. (a) This Agreement shall terminate without any liability of CITY to PROJECT SPONSOR upon the earlier of: (i) the happening of an Event of Default by PROJECT SPONSOR and a failure to cure said Event of Default within the time specified in the notice of Event of Default; (ii) seven calendar days prior written notice without cause by CiTY to PROJECT SPONSOR; (iii) CITY'S non - appropriation of funds sufficient to meet its obligations hereunder during any CITY fiscal year of this Agreement, or insufficient funding for the services provided by PROJECT SPONSOR; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, PROJECT SPONSOR shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to CITY any and all unearned payments and all properties and materials in the possession of PROJECT SPONSOR that are owned by CITY. Subject to the terms of this Agreement, PROJECT SPONSOR shall be paid compensation for services satisfactorily performed prior to the effective date of termination. PROJECT SPONSOR shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) Upon any breach of this Agreement by PROJECT SPONSOR, CITY may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that CITY improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (d) In no event shall any payment by CITY pursuant to this Agreement constitute a waiver by CITY of any breach of this Agreement or any default which may then exist on the part of PROJECT SPONSOR, nor shall such payment impair or prejudice any remedy available to CITY with respect to the breach or default. (e) CITY expressly reserves the right to demand of PROJECT SPONSOR the repayment to CITY of any funds disbursed to PROJECT SPONSOR under this Agreement which, in the judgment of CITY, were not expended in accordance with the terms of this Agreement, and PROJECT SPONSOR agrees to promptly refund any such funds within 10 days of CITY'S written demand. 11. Indemnification. To the furthest extent allowed by law, PROJECT SPONSOR shall indemnify, hold harmless and defend CITY 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 property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of PROJECT SPONSOR, its principals, officers, employees, agents or volunteers in the performance of this Agreement. HOPWA Agreement 4/8/2022 Page 6 form x1M 40110-D (Expiration Date: 11/30/2023) OMB Approval No. 2506-0133 L/UVU01yiI CI IVCIVyC IL/. L/UL/ I / I rr0/ L If PROJECT SPONSOR should subcontract all or any portion of the services to be performed under this Agreement, PROJECT SPONSOR shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive expiration or termination of this Agreement. 12. Insurance. (a) Throughout the life of this Agreement, PROJECT SPONSOR shall pay for and maintain in full force and effect all insurance as required in Exhibit C or as may be authorized in writing by CITY'S Risk Manager or his or her designee at any time and in his or her sole discretion. (b) If at any time during the life of the Agreement or any extension, PROJECT SPONSOR 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 PROJECT SPONSOR 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 PROJECT SPONSOR of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by PROJECT SPONSOR shall not be deemed to release or diminish the liability of PROJECT SPONSOR, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by PROJECT SPONSOR. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of PROJECT SPONSOR, its principals, officers, agents, employees, persons under the supervision of PROJECT SPONSOR, vendors, suppliers, invitees, consultants, sub -consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) Upon request of CITY, PROJECT SPONSOR shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. (e) If PROJECT SPONSOR should subcontract all or any portion of the services to be performed under this Agreement, PROJECT SPONSOR shall require each subcontractor to provide insurance protection in favor of CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with PROJECT SPONSOR and CITY prior to the commencement of any services by the subcontractor. HOPWA Agreement 4/8/2022 Page 7 form HUD-40110-D (Expiration Date: 11/30/2023) OMB Approval No. 2506-0133 UV VUJIIy, i m iv"iupt1 IU. UV U it rr0l G 13. On -Site Monitoring. Authorized representatives of HUD and/or the CITY shall have the right to monitor the PROJECT SPONSOR's performance under this Agreement. Such monitoring may include inspection activities, review of records, and attendance at meetings: PROJECT SPONSOR shall reasonably make its facilities, books, records, reports and accounts available for CITY's inspection in pursuit hereof. This Section 13 shall survive termination or expiration of this Agreement. 14. Records, Reports and Inspection. (a) PROJECT SPONSOR shall establish and maintain records in accordance with all requirements prescribed by CITY, HUD and generally accepted accounting principles, with respect to all matters covered by this Agreement. As applicable, PROJECT SPONSOR shall comply with all applicable requirements of 2 CFR PART 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, including the provision of a single audit (generally applicable where funding from all federal sources in any fiscal year exceeds $750,000), and to such extent shall submit to the CITY any applicable auditor's reports and audited financial statements no later than three months after the PROJECT SPONSOR's fiscal year end. PROJECT SPONSOR shall comply with applicable portions of 24 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. PROJECT SPONSOR shall be responsible for determining the applicability of the foregoing: (i) On a quarterly basis, PROJECT SPONSOR shall submit to CITY, on a form attached as Exhibit E — Quarterly HOPWA Report, a performance report submitted within thirty days of the close of each quarter of the fiscal year for the duration hereof, absent CITY's prior written consent in cases of unusual circumstances as determined in the sole discretion of the CITY. PROJECT SPONSOR shall ensure the HOPWA grant funds provided by GRANTEE are clearly identified as a subaward and include the following information: • PROJECT SPONSOR NAME: WestCare California, Inc. ■ PROJECT SPONSOR ID (UEI #): CBQUXGEXW5Y7 • Federal Award Identification Number (HOPWA Grant #) CA-H-22- F011 ■ Federal Award Date: November 11, 2022 • Period of Performance: April 1, 2023- March 31, 2024 • Federal Funds Obligated by this Agreement: $849,665 • Total Federal Funds Obligated to PROJECT SPONSOR: $849,665 • Total Amount of the Federal Award: $875,943 ■ Federal Award project description: HOPWA • Name of Federal awarding agency: Dept. of Housing Urban Development HOPWA Agreement 4/8/2022 Page 8 form HUD-40110-D (Expiration Date: 11/30/2023) OMB Approval No. 2506-0133 UUI+UJIIJ.II CI IVt11UP17 IU. UVLJ I / I Fro /L ■ Name of pass -through entity: CITY of Fresno, California Award Official Contact Information: Name and Address ■ CFDA Number: 14.241 • CFDA Name: Housing Opportunities for Persons with AIDS • Identification of R&D: No • Indirect cost rate for the Federal award: U p t o 7% of combined administrative and indirect cost rate allowed by CITY of Fresno (ii) PROJECT SPONSOR shall maintain all records required by the Federal regulations specified in 24 CFR 574.530 (iii) PROJECT SPONSOR shall retain such records for a period of four (4) years after receipt of the final payment under this Agreement or the earlier termination of this Agreement, whichever occurs later. The records retention period may be extended whenever: a. Any litigation, claim, or audit is started before the expiration of the five-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. b. The PROJECT SPONSOR is notified in writing by the CITY to extend the retention period. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, vouchers, orders, or any other accounting documents pertaining in whole or in part to this Agreement and they shall be clearly identified and readily accessible to CITY. (c) During the life of this Agreement and for a period of five years after receipt of the final payment under this Agreement or the earlier termination of this Agreement, whichever occurs later, PROJECT SPONSOR shall, at any time during normal business hours and as often as CITY and/or HUD or the authorized representative of either CITY or HUD may deem necessary, make available to them or any one of them, within the CITY of Fresno, such statements, records, reports, data and information as they may request pertaining to matters covered by this Agreement and permit them or any one of them to audit and inspect all records, invoices, materials, payrolls, records of personnel, conditions of employment, and other data relating to all matters covered by this Agreement. PROJECT SPONSOR shall also permit and cooperate with on -site monitoring and personal interviews of participants, PROJECT SPONSOR'S staff, and employees by Administrator and other CITY and/or HUD representatives. (d) The PROJECT SPONSOR is required to submit the HOPWA Consolidated Annual Performance and Evaluation Report (CAPER) on Form HUD- 40110-D attached hereto as Exhibit E. (e) PROJECT SPONSOR shall provide reports consistent with HUD reporting requirements at 24 CFR 91.520, including the number of individuals assisted and the types of assistance provided, as well as data on emergency transfers requested under 24 CFR 5.2005(e), pertaining to victims of domestic HOPWA Agreement 4/8/2022 Page 9 form HUD-40110-D (Expiralioo Date:11/30/2023) OMB Approval No. 2506-0133 VUI;U01yI CIIVCIUPU IU. UUIJIlU4L-UyJC-'4.7U/1-OV V:J-JJMUJMl rrO/L violence, dating violence, sexual assault, or stalking, including data on the outcomes of such requests. This Section 14 shall survive expiration or termination of this Agreement. 15. Subawards. The PROJECT SPONSOR shall not enter into subawards for any work contemplated under the Agreement without first obtaining the CITY's written approval of any subaward and the form of subaward agreement. (a) An executed copy of every such subcontract approved by the Administrator shall be provided to CITY prior to implementation for retention in CITY's files. (b) PROJECT SPONSOR is responsible to CITY for the proper performance of any subcontract. No such subcontract shall relieve PROJECT SPONSOR of its obligations under this Agreement. (c) Any subcontract shall be subject to all the terms and conditions of this Agreement. (d) No officer or director of PROJECT SPONSOR shall have any direct or indirect financial interest in any subcontract made by PROJECT SPONSOR or in any loan, purchase of property, or any other arrangement made by PROJECT SPONSOR, by whatever name known. 16. Conflict of Interest and Non -Solicitation. (a) Prior to CITY'S execution of this Agreement, PROJECT SPONSOR shall complete a CITY of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit D. During the term of this Agreement, PROJECT SPONSOR shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by PROJECT SPONSOR in such statement. (b) PROJECT SPONSOR shall comply, and require its subcontractors to comply, with all applicable federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et seq., the California Political Reform Act (California Government Code Section 87100 et seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et seq.). At any time, upon written request of CITY, PROJECT SPONSOR shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, PROJECT SPONSOR and the respective subcontractor(s) are in full compliance with all laws and regulations. PROJECT SPONSOR shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, PROJECT SPONSOR shall immediately notify CITY of these facts in writing. (c) In performing the work or services to be provided hereunder, PROJECT SPONSOR shall not employ or retain the services of any person while such person either is employed by CITY or is a member of any CITY council, commission, board, committee, or similar 'CITY body or within one year of their termination therefrom. This requirement may be waived in writing by the CITY Manager, if no actual or potential conflict is involved. HOPWA Agreement4/8/2022 Page 10 form HUD-40110-D (Expiration Date: 11/30/2023) OMB Approval No. 2506-0133 LJVUUJIIJ. I I CI Ivt Ilu tC ILJ. LJULJ I ! 14 (d) PROJECT SPONSOR represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. ARTICLE 2 FEDERAL REQUIREMENTS 17. PROJECT SPONSOR warrants, covenants and agrees, for itself and its contractors and subcontractors of all tiers, that it shall comply with all applicable requirements of the Lead -Based Paint Poisoning Prevention Act of 42 U.S.C. 4821 et seq., 24 CFR Part 35 and 24 CFR 982.4016). In this regard PROJECT SPONSOR shall be responsible for all inspection, testing and abatement activities. (a) The requirements, as applicable, of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856) and implementing regulations at 24 CFR Part 35. In addition, the following requirements relating to inspection and abatement of defective lead -based paint surfaces must be satisfied: (1) Treatment of defective paint surfaces must be performed before final inspection and approval of the renovation, rehabilitation or conversion activity under this part; and (2) Appropriate action must be taken to protect shelter occupants from the hazards associated with lead -based paint abatement procedures. (b) The PROJECT SPONSOR agrees to comply with all applicable requirements of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as amended and HUD implementing regulation 24 CFR Part 8. (c) PROJECT SPONSOR agrees to comply with the federal requirements set forth in 24 CFR Part 5, except as explicitly modified below, and use of HOPWA grant amounts must comply with the following requirements: (a) Nondiscrimination and equal opportunity. The nondiscrimination and equal opportunity requirements at 24 CFR Part 5 are modified as follows: (i) Rehabilitation Act requirements. HUD's regulations at 24 CFR Part 8 implement Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as amended. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. (ii) PROJECT SPONSOR shall make known that use of the facilities and Services are available to all on a nondiscriminatory basis. If the procedures that the PROJECT SPONSOR intends to use to make known the availability of the facilities and Services are unlikely to reach persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for such facilities and Services, the PROJECT SPONSOR must establish additional procedures that will ensure that such persons are made aware of the facilities and Services. The PROJECT SPONSOR must also adopt procedures which will make available to interested persons information concerning the location of Services and facilities that are accessible to persons with disabilities. (iii) The PROJECT SPONSOR shall be responsible for complying with requirements of 200 PART 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as they relate HOPWA Agreement 4/8/2022 Page 11 form HUD-40110-D (Expiration Date: 11/30/2023) OMB Approval No. 2506-0133 UUI:UJlylI CI IVCIUF. v IU. UJU I / U4L-UyJC-4.7U/1-OV U:J-JJMJJFII rrof L to the acceptance and use of HOPWA grant amounts by private nonprofit organizations. (d) The PROJECT SPONSOR will be responsible for all aspects project contract award and management including the advertising for bids and shall award the contract to the lowest responsible and responsible bidder. The PROJECT SPONSOR shall verify with the Labor Relations and Equal Opportunity Division of the HUD Area Office that the low bidder has not been debarred or suspended from participating in federal projects. (e) PROJECT SPONSOR warrants, covenants and agrees that it shall perform the Services in a manner that does not engage in inherently religious activities and that does not engage in any prohibited activities described in 24 CFR 574. Without limitation, PROJECT SPONSOR shall not unlawfully discriminate on the basis of religion and shall not provide religious instruction or counseling, conduct religious services or worship, engage in religious proselytizing, or exert other religious influence in pursuit hereof. Subject to the foregoing, PROJECT SPONSOR does not intend to utilize HOPWA funding to construct, rehabilitate or convert facilities owned primarily by religious organizations or to assist primarily religious organizations in acquiring or leasing facilities to the extent prohibited in 24 CFR 574. (f) PROJECT SPONSOR shall perform the Services in compliance with, and not to cause or permit the Services to be in violation of, any existing or future environmental law, rule, regulation, ordinance, or statute. PROJECT SPONSOR agrees that, if CITY has reasonable grounds to suspect any such violation, PROJECT SPONSOR shall be entitled to thirty days' notice and opportunity to cure such violation. If the suspected violation is not cured, CITY shall have the right to retain an independent consultant to inspect and test the subject facilities for such violation. If a violation is discovered, PROJECT SPONSOR shall pay for the cost of the independent consultant. (g) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR 200, is available at https://www.ecfr.gov/current/title-2/part-200 18. Relocation. (a) PROJECT SPONSOR shall assure that it has taken all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit organizations, and farms) as a result of this project and the Services rendered in pursuit thereof. (b) A displaced person must be provided relocation assistance at the levels described in, and in accordance with, 49 CFR Part 24, which contains the government -wide regulations implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4601-4655). 19.. Further Assurances. (a) This Agreement, when executed and delivered, shall constitute the legal, valid, and binding obligations of PROJECT SPONSOR enforceable against PROJECT SPONSOR in accordance with its respective terms, except as such enforceability may be limited by (a) bankruptcy, insolvency, fraudulent conveyance, HOPWA Agreement 4/8/2022 11/3012023) Page 12 form HUD-40110-D (Expiration Date: OMB Approval No. 2506-0133 uuL;uo,yii Ciivviup1 IU. LJJU it U4G-JyJC-'#yU/1-000:7-JJFI:7JM/ rr0/4 reorganization, moratorium, or other similar laws of general applicability affecting the enforcement of creditors' rights generally and (b) the application of general principles of equity without the joiner of any other party. (b) PROJECT SPONSOR represents and warrants as of the date hereof that PROJECT SPONSOR has obtained and, to the best of PROJECT SPONSOR's knowledge, is in compliance with all federal, state, and local governmental reviews, consents, authorizations, approvals, and licenses presently required by law to be obtained by PROJECT SPONSOR for the Services as of the date hereof. (c) In the performance of this Agreement, PROJECT SPONSOR shall promptly and faithfully comply with, conform to and obey the ACT and all amendments thereto, and shall maintain all facilities hereunder in compliance with building, health and safety codes. (d) PROJECT SPONSOR shall be solely responsible and liable for any recapture or repayment obligation imposed by HUD due to any act or omission of PROJECT SPONSOR in pursuit hereof. (e) PROJECT SPONSOR acknowledges that PROJECT SPONSOR, not the CITY, is responsible for determining applicability of and compliance with the ACT and all other applicable local, state, and federal laws including, but not limited to, any applicable provisions of the California Labor Code, Public Contract Code, and Government Code. The CITY makes no express or implied representation as to the applicability or inapplicability of any such laws to this Agreement or to the Parties' respective rights or obligations hereunder including, but not limited to, competitive bidding, prevailing wage subcontractor listing, or similar or different matters. PROJECT SPONSOR further acknowledges that the CITY shall not be liable or responsible at law or in equity for any failure by PROJECT SPONSOR to comply with any such laws, regardless of whether the CITY knew or should have known of the need for such compliance, or whether the CITY failed to notify PROJECT SPONSOR of the need for such compliance. (f) PROJECT SPONSOR agrees to comply with the CITY's Fair Employment Practices and shall not employ discriminatory practices in the provision of the Services, employment of personnel, or in any other respect on the basis of race, color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a veteran with disabilities or veteran of the Vietnam era, medical condition, or physical or mental disability. During the performance of this Agreement, PROJECT SPONSOR agrees as follows: (i) PROJECT SPONSOR will comply with all laws and regulations, as applicable. No person in the United States shall, on the grounds of race, color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a disabled veteran or veteran of the Vietnam era, medical condition, or physical or mental disability be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (ii) PROJECT SPONSOR will not discriminate against any employee or applicant for employment because of race, color, creed, HOPWA Agreement 4/8/2022 1113012023) Page 13 form HUD-40110-D (Expiration Date: OMB Approval No. 2506-0133 LJUUUJIYII CIIVCIuptC IU. L/UL/ I / f rr0/L religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status, and status as a disabled veteran or veteran of the Vietnam era, medical condition, or physical or mental disability. PROJECT SPONSOR shall take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to their race, color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a disabled veteran or veteran of the Vietnam era, medical condition, or physical or mental disability. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. PROJECT SPONSOR agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (lii) PROJECT SPONSOR will, in all solicitations or advertisements for employees placed by or on behalf of PROJECT SPONSOR, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a disabled veteran or veteran of the Vietnam era, medical condition, or physical or mental disability. (iv) PROJECT SPONSOR 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 advising such labor union or workers' representatives of PROJECT SPONSOR's commitment under this Section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. ARTICLE 3 GENERAL PROVISIONS 20. Amendment. This Agreement shall not be modified except by written amendment approved by the CITY Council and signed by the parties. Where it is determined by the Administrator that there is a need to make any change in the Program, services to be performed, fiscal procedures and system, or the terms and conditions of this Agreement (including, without limitation, any changes necessary to comply with changes in federal, state, or local laws or regulations), refusal by PROJECT SPONSOR to accept the change is grounds for termination of this Agreement. Notwithstanding the foregoing, approval of the CITY Council is not required for (i) insubstantial adjustments in line items within the total approved budget, not affecting the total approved budget amount, approved by the Administrator in his/her sole discretion; (ii) insubstantial changes in the nature or scope of services specified in this Agreement approved by the Administrator in his/her sole discretion; (iii) changes to the insurance requirements specified in Exhibit C approved by CITY's Risk Manager in his or her sole discretion, and (iv) an extension to the term of the Agreement, not to exceed six months, in Administrator's sole discretion. 21. Public Information. PROJECT SPONSOR shall disclose all of its funding sources to CITY which, thereafter, will be public information. HOPWA Agreement 4/8/2022 11/30/2023) Page 14 farm HUD-40110-D (Expiration Date: OMB Approval No. 2506-0133 L)uuuo Iyi, cIIVCIUyu IL/. Liju I l U4L-J.7J C-4.7VH-OV L/:l-JJMJJ/1/ rr0l G 22. Copyrights/Patents. (a) If this Agreement results in a book or other copyrightable material, the author may seek any available copyright protection for the work unless a work for hire. CITY reserves a royalty -free, nonexclusive, irrevocable and assignable license to reproduce, publish, or otherwise use, and to authorize others to use, all copyrighted material and all material which can be copyrighted. (b) Any discovery or invention arising out of or developed in the course of work aided by this Agreement, shall promptly and fully be reported to CITY for determination by CITY as to whether patent protection on such invention or discovery, including rights thereto under any patent issued thereon (reserved henceforth onto CITY), shall be imposed and administered, in order to protect the public interest. 23. Political Activity Prohibited. None of the funds, materials, property or services provided directly or indirectly under this Agreement shall be used for any political activity, or to further the election or defeat of any ballot measure or candidate for public office. 24. Lobbyinq Prohibited. None of the funds provided under this Agreement shall be used for publicity, lobbying or propaganda purposes designed to support or defeat legislation pending before any legislative body. 25. Third Party Beneficiaries. 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. It is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 26. Independent Contractor (a) In the furnishing of the services provided for herein, PROJECT SPONSOR is acting as an independent contractor. Neither PROJECT SPONSOR, nor any of its officers, agents, or employees shall be deemed an office, agent, employee, joint venture, partner or associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which PROJECT SPONSOR shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that PROJECT SPONSOR is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between PROJECT SPONSOR and CITY. PROJECT SPONSOR shall have no authority to bind CITY absent CITY'S express written consent. Except to the extent otherwise provided in this Agreement, PROJECT SPONSOR shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, PROJECT SPONSOR and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to CITY employees. PROJECT SPONSOR shall be solely liable and responsible for providing to, or on behalf of, its employees all legally required employee benefits. In addition, PROJECT SPONSOR shall be solely responsible and save CITY harmless from all matters relating to payment of PROJECT SPONSOR'S employees, including, without HOPWA Agreement 4/8/2022 Page 15 form HUD-40110-D (Expiration Date: 11/30/2023) OMB Approval No. 2506-0133 L/UI;uoiyI CI Ivvi UF/C IU. Liu if U4L-JyJ C-YSVH-OU UJ-JJMJJM! rroiL limitation, compliance with Social Security withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, PROJECT SPONSOR may be providing services to others unrelated to CITY or to this Agreement. 27. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 28. Binding. Once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all Parties, and each Parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. 29. Assignment. (a) This Agreement is personal to PROJECT SPONSOR and there shall be no assignment by PROJECT SPONSOR of its rights or obligations under this Agreement without the prior written approval of the Administrator. Any attempted assignment by PROJECT SPONSOR, its successors or assigns, shall be null and void unless approved in writing by the Administrator. (b) PROJECT SPONSOR hereby agrees not to assign the payment of any monies due PROJECT SPONSOR from CITY under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). CiTY retains the right to pay any and all monies due PROJECT SPONSOR directly to PROJECT SPONSOR. 30. Compliance with Law. In providing the services required under this Agreement, PROJECT SPONSOR shall at all times comply with all applicable laws of the United States, the State of California and CITY, and with all applicable regulations promulgated by federal, state, regional or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the life of this Agreement. 31. Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all Parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 32. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. HOPWA Agreement 4/8/2022 11/3012023) Page 16 form HUD-40110-D (Expiration Date: OMB Approval No. 2506-0133 LJUUUJIYI I CI IvtllupC IU. LJJLJ If Ll�FL-U yJC-'F.7 VF1-OVLJ'J-JJM:JJM/ rr0/ L 33. Headings. The Section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 34. Severabifity. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions. 35. Interpretation. The Parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against any Party, but rather by construing the terms in accordance with their generally accepted meaning. 36. Attorney's Fees. If 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 in such proceeding or action shall be entitled to recover from the other Party its reasonable attorney's fees and legal expenses. 37. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 38. Precedence of Documents. The order of precedence of documents shall be: (1) Rules and Regulations of Federal Agencies relating to the source of funds for this project; (2) Permits from other agencies as may be required by law; (3) Supplemental Agreements or this Agreement the one dated later having precedence over another dated earlier; (4) HOPWA Policies and Procedures (5) General Conditions. Whenever any conflict appears in any portion of the Contract, it shall be resolved by application of the order of precedence. In 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 shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the Parties, provided for within the body of this Agreement, are null and void. 39. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 40. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. HOPWA Agreement QW2022 11/3012023) [SIGNATURES ON FOLLOWING PAGE] Page 17 form HUD-40110-D (Expiration Date - OMB Approval No. 2506-0133 VuL;uoiy.II CIivt:ju z IU. VUV if V'FL-JyJC-'FyUH-000J-JJHUJH/rrO/L IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY OF FRESNO, a m' ' p&II,rpp poration By: �W 4/7/2023 Georgeanne A. White, City Manager Date: APPROVED AS TO FORM: ANDREW JANZ City 9mX'4 by: By: N, P"Wt/,"23 racy W.TaVvanIan Date Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk ocuSEgned by: FVA By: h q6W 4/17/2023 --beNy 3FOUR... Addresses: CITY: City of Fresno Attention: Karen Jenks Housing and Community Development Manager 2600 Fresno Street, CH3N 3065 Fresno, CA 93721 Phone: (559) 621-8003 WESTCARE CALIFORNIA, INC. A California 501(c)(3) Not -For -Profit Corporation V , By: \C Shawn Jenki JJ CHIEF OPERATING OFFICER (Attach Notary Certificate of Acknowledgement) Date: 4/3/23 By- L*.V-..C.t- N Cm e: o Title: e-mp,,, csv _I=L Date: (:0 1 -A, I ca� PROJECT SPONSOR: WestCare California, Inc. Attention: Shawn Jenkins Chief Operating Officer 1900 Gateway Blvd., Ste 100 Fresno, CA 93727 Phone: (559) 251-4800 Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Budget Summary 3. Exhibit C - Insurance Requirements 4. Exhibit D - Conflict of Interest Disclosure Form 5. Exhibit E - Quarterly HOPWA Report 6. Exhibit F- Spending Plan 7. Exhibit G - Annual HOPWA CAPER, Form HUD-40110-D IIOPNA Agreement 4/8/2022 11/3012023) Page 18 form HUD40110-D (Expiration Date. 0111B Approval No. 2506-0133 UUUUJIIJ. I I CI IVCIUpt: IU. UJL/ I / I e EXHIBIT A FUNDED SCOPE OF SERVICES Agreement Between the City of Fresno and WestCare HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) Under this Agreement, the Program Sponsor will provide Short -Term Rent, Mortgage, or Utility Assistance (STRMU) for 40 households, Tenant -Based Rental Assistance (TBRA) for 20 households, and 32 units in transitional short-term housing facilities developed, leased, or operated with HOPWA funds, 400 Households with Housing Information Services and 300 individuals with Supportive Services. All participants in this program will be individuals and families affected by HIV/AIDS who are homeless or at -risk of homelessness. Eligibility for HOPWA services will be determined using: 1. Documented medical diagnosis of HIV/AIDS of at least one member of the household 2. Documented living situation of homelessness or at -risk for homelessness 3. Documented low-income status at or below 80 percent of the area median income (AMI). Priority will be given to those households documenting residency in the City of Fresno, Fresno County, and living at or below the poverty level. All of the program's proposed services will provide participants and their families with appropriate, safe, high -quality, stable housing, and the case management and supportive services they need to maintain mental, physical, and emotional health. Eligible activities and services to be provided include: 1. Short -Term Rent, Mortgage Utility Assistance (STRMU) for 40 households 2. Tenant -Based Rental Assistance (TBRA) for 20 households 3. 32 units provided in transitional short-term housing developed, leased, or operated with HOPWA funds WestCare will continue to provide housing information services including counseling, information, and referral/linkage. Supportive services provided will continue to include a detailed needs assessment using the Vulnerability Index and Service Assessment Tool (VI-SPDAT), case management, permanent housing placement, substance use disorder treatment, personal assistance, nutritional services, transportation, and assistance in enrolling in public benefits. All services will be entered into HMIS. HOPWA Agreement 4/8/2022 11/30/2023) Page 19 form HUD-40110-D (Expiration Date: OMB Approval No. 2506-0133 VUL:U,D1y[I CIIv CluptC IV. LJUU I / U•FL JyJC-4yUF1-OU V:YJJMJJMI r-r-0/L CITY OF FRESNO OPERATING BUDGET SUMMARY (non -capital projects) Salaries/Wages {Specify each position; add additional rows as needed R Program Director 7s,000-00 17,550.00 92,550,00 S2i50-40 Lead Case Manager 52,000.00 12,168.00 64,168.00 64,168.00 I(itchen Assistant (0,6 FTE) 23.712.00 5,548-61 29,260.61 29,260.51 Case Manager/Outreach 47,840.00 11,194,56 59,034.56 59,034.56 Client Services Navigator 43,680.00 10,221.12 53,901.12 53,901.12 Administrative Assistant 41, 600.00 9,734.40 51,334.40 51,334.40 N rBRA - Fresno Housing 72,412 00 ,Authority 72,412.00 72,412.00 TOTAL PERSONNEL BUDGET S 283,832.00 $ 66,416.69 $ 350,24990 $ - $ 5 5 - S - $ 350,248.69 Occupancy, Supplies, and Other Operating Office Rent $ 1L*40: 14,200.00 14,200.00 Utilities i ,42W 00 14,200.00 14,200.00 Telecommunications 7-E7;-0 7,475.00 7,475.0; Office Suoplies . 8„ti[9.rrr 8,559.60 8,559.60 Client Personal Needs *.Sy:-0flw 18,500.00 18,500.00 client Travel 1-Dw 1,000.00 1,000.00 Repairs/Maintenance • 2-Se70 L•..• t �� •i- 2,500.00 2,500.00 Travel " ; ,SOp 7,500.00 7,500.00 Irralning 2500 2,500.00 2,500.00 Vehide LeasellasuraAw 7r:?.a9.v 22,189.00 22,188.00 HMLS Licensing I.DO! W 1,001.00 1,001.00 Employee Recruitment iSd043 • 1,500.001 1,500.00 -other (Specify) _ 'TOTAL OCCUPANCY, SUPPLIES AND OTHER OPERATING BUDGET 5i41.,i23.50 $ 101,123.60 $ $ 5 $ - $ $ 101,123.60 INDIRECT COSTS (Select 1 indirect rate Only) ,Approved Cost Allocation Plan Rate 26% 16r�.�ya s9 165,544.39165,544.39 IDe minimus 10 %Rate TOTAL INDIRECT COST ) :• , h $ 165,544.39 $ $ - $ - $ $ $ 165,544.39BUDGET (Program Expense Budget Grant Assistance to Beneficiaries • Sober Living Ij10 persons / 30 days / 335/da :ir ','L r'h 30,500.00 10,500.00 SUD Residential Tx Days (184 da s/5135/d 24,900.32 24,900.32 Bridge Housing (4 units - 1Y208, #213 Dakota Ln @ S : •;;+,rn,s $995 each; 2 units @ $1,200 each plus deposits) 54,460.00 54,460.00 !Short -Term Rent, Mortgage, Utilities (STRMUI . 5il 70,476.00 70,476.00 Loans to Beneficiaries Other (Specify) TOTAL PROGRAM EXPENSE BUDGET - ; I, , : $ 160,33632 $ $ - $ 5 $ - $ 160,33632 • Please revise this form and annotate budget items as needed All a2plicants are required to submit a copy of their or anization's operating budget. HOPWA Agreement 4/8/2022 Page 20 form HUD40110-D (Expiration Date: 11/30/2023) OMB Approval No. 2506-0133 UUI:UJlylI CI Ivtnuyu IU. UJU I / U4L-UyJ C-'#�UM-OU U:J-JJMJJM/ rr0/ L EXHIBIT C Agreement Between City of Fresno and WestCare California, Inc. HOUSING OPPORTUNITIES for PERSONS WITH AIDS (HOPWA) MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non - owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance." 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non -owned automobiles or other licensed vehicles (Code 1- Any Auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Professional Liability (Errors and Omissions) and Cyber Liability (Privacy and Data breach) insurance appropriate to PROJECT SPONSOR'S profession. MINIMUM LIMITS OF INSURANCE PROJECT SPONSOR, or any party the PROJECT SPONSOR subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, HOPWA Agreement 4/8/2022 11/30/2023) Page 21 form 1 LID-40110-D (Expiration Date: OMB Approval No. 2506-0133 LniuU01yiI CIIvulupu ILJ. LJJLJI!rroIL (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 3. WORKERS' COMPENSATION INSURANCE as required by the State of California with statutory limits. 4. EMPLOYER'S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. 6. CYBER LIABILITY insurance with limits of not less than: (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate UMBRELLA OR EXCESS INSURANCE In the event PROJECT SPONSOR purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non- contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF -INSURED RETENTIONS PROJECT SPONSOR shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and PROJECT SPONSOR shall also be responsible for payment of any self -insured retentions. Any deductibles or self -insured retentions must be declared to on the Certificate of Insurance, and approved by, the CITY'S Risk Manager or his/her designee. At the option of the CITY'S Risk Manager or his/her designee, either: (i) The insurer shall reduce or eliminate such deductibles or self -insured retentions as respects CITY, its officers, officials, employees, agents and volunteers; or (ii) PROJECT SPONSOR shall provide a financial guarantee, satisfactory to CITY'S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim HOPWA Agreement 4/8/2022 11/3012023) Page 22 form HUD-40110-D {Expiration Date - OMB Approval No. 2506-0133 L/UUUJIIJ. I I m IvulupC IU. LJO L! I / L/•FL-UyJ C-'i.7U/1-OVLI:J-JJMUJMI rrOI G administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self -insured retentions. OTHER INSURANCE PROVISIONVENDORSEMENTS The Genera! LiabifitZ and Automobile LiabiLfit Z insurance i0oficies are to contain, or be endorsed to contain, the following provisions: CITY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. PROJECT SPONSOR shall establish additional insured status for the City and for all ongoing operations by use of ISO Form CG 20 10 11 85 or CG 20 10 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims relating to this Agreement, PROJECT SPONSOR'S insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the CITY, its officers, officials, employees, agents and volunteers shall be excess of PROJECT SPONSOR'S insurance and shall not contribute with it. PROJECT SPONSOR shall establish primary and non-contributory status by using ISO Form CG 20 0104 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers' Compensation insurance pofic is to contain, or be endorsed to contain, the following provision: PROJECT SPONSOR and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers. The Cyber Liability insurance shall cover claims involving privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information (including credit monitoring costs), alteration of electronic information, extortion and network security. Such coverage is required for claims involving any professional services for which Project sponsor is engaged with the City for such length of time as necessary to cover any and all claims If the Professional Errors and Omissions and C ber Liability insurance olio !es is written on a claims -made form: 1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by PROJECT SPONSOR. HOPWA Agreement 4/8/2022 Page 23 11/30/2023) form IIUD-40110-D (Expiration Date: OMB Approval No. 2506-0133 UUI;U01yI CIIv"lupC IU. LJ'UU I / U'#L-J`JJ C4.7VF1-OVU:J'JJM:JJ/1/ fro/G 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by PROJECT SPONSOR, PROJECT SPONSOR must purchase "extended reporting" coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to CITY for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non -renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. PROJECT SPONSOR is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non -renewal, or reduction in coverage or in limits, PROJECT SPONSOR shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, PROJECT SPONSOR shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. Should any of these policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. The fact that insurance is obtained by PROJECT SPONSOR shall not be deemed to release or diminish the liability of PROJECT SPONSOR, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by PROJECT SPONSOR. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of PROJECT SPONSOR, its principals, officers, agents, employees, persons under the supervision of PROJECT SPONSOR, vendors, suppliers, invitees, consultants, sub -consultants, subcontractors, or anyone employed directly or indirectly by any of them. RIFICATION OF COVERAGE PROJECT SPONSOR shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable HOPWA Agreement 4/8/2022 Page 24 form HUD-40110-D (Expiration Date: 11/30/2023) OMB Approval No. 2506-0133 L/UUUJjyii CIIvviupu IL). UJL/ it LJ4G':JJJ C-'4yUM'000J-JJMJJM/ rroi L endorsements are to be received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the Agreement and before work commences. All non -ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, PROJECT SPONSOR shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. SUBCONTRACTORS - If CONTRACTOR subcontracts any or all of the services to be performed under this Agreement, CONTRACTOR shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, CONTRACTOR will be solely responsible for ensuring that it's subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. HOPWA Agreement 4/8/2022 Page 25 form HUD-40110-D (Expiration Date: 11/30/2023) OMH Approval No. 2506-0133 UUL;uaiy. I I CI ivtnu v IU. Liou I / U'FL-J.7J C-•4yUH-OU UJ-JJHJJH! rr0! L EXHIBIT D DISCLOSURE OF CONFLICT OF INTEREST HOUSING OPPORTUNITIES for PERSONS WITH AIDS (HOPWA) '6 11 'sL•`IIL.�rTi 1. T-4�•T��x x }'16ir•µl:;. .:• ��i •.��i!,k •;•,i � iG `�_` x � � � �i i Cy��`-'rig No Conflict of Interest Certification —HUD CDBG, HOW, ESG and HOPWA Programs Conflict of Interest Regulations may be WestCare California, Inc. found at 24 CFR 92-356,24 CFR Name of Subrecipient or Applicant 570-611, 24 CFR 574.625, 24 CFR 576-404. 2 CFR 112 and 2 CFR 318 (C)(1)) Subrec lent or Applicant acknowledges and understands that, under HUD conflict of interest rules under 24 CFR 92356, 24 CFR 570.611, 24 CFR 574.625, 24 CFR 576.404, 2 CFR 112 and 2 CFR 318 (C)(1)), an employee, agent, consultant, officer, or elecoed or appointed official of the subrecipient, applicant or City of Fresno who exercises or has exercised any functions or responsibilities with respect to activities assisted with CDBG, HOME, ESG or HOPWA funds or who is in a position to participate in a decision making process or gain inside information with regard to these activities (each 'Covered Person'), may not obtain a financial interest or benefit from a CDBG, HOME, ESG or HOPWA-assisted activity, or have an intent in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either fror themselves or those with whom they have family or business ties, during their tenure or for one yearthereafter. 5EUCT ONLY THE CER-MICATiON THAT APPOES TO 7Hk5 AGREEMENT OR AGREEMENT OR APPLICATION. DO NOT SfGN BMX) ICJ Subrecipient or Applicant hereby certifies that no "covered person" in its agency or corporation is currently a Covered Person and has not been a Covered Person for a period of at least one (1) calendar year prior to the date of this agreement or application. Shawn Jenkins i k `��� /a 3 Name Signature Date OR 0 Subrecipient or Applicant hereby certifies that subrecipient/appGcent organization includes a Covered Personas defined above, or because subrecipient/applicant has a family or business relationship with a Covered Person - Name Signature Date Please provide a separate certification for each "covered person' and select the type of covered person- 0 Employee 0 Agent O Consultant 0 Officer O Elected Official ❑Appointed Official The Covered Person W. 0 Subrecipient/Applicent'covered person' 0 Family member -name: r, e,f prinedearly) 0 Business asso Cie wriame: f p'ra- print dearly) A Covered Person does not automatically disqualify an entity from participating in a HUD assisted program_ If a covered person is identified, the Senior Management Analyst or Project Manager will assist you with the additional steps that must betaken before the organh ation's agreement or application can befunded_ A person may become a 'covered person' at anytime during the implementation process and this will include beneficiaries receiving assistance provided through this agreement or application who are or have a relationship with a covered person of the appricant or of City of Fresno. A new certification is required each time a covered person is identified. HOPWA Agreement 4/8/2022 Page 26 form HUD-40110-D (Expiration Date: 11/30/2023) OMB Approval No. 2506-0133 L/uuuoi 11 m Iv CIupu IU. Liu L/ I / L/4G-JyJC-4yuFl7ou U'J-oomuom! rro! G Project Sponsor Name: Federal Award Identification Number (HOPWA Grant#): Federal Funds Obligated by This Agreement: Amount of the Federal d for this Activity a of Pass -Through Name: ofR&D: of Contract Execution EXHIBIT E QUARTERLY REPORT Westcare California, INC. Project Sponsor ID (DUNS It) 54612767 23-7368450 Federal Award Date: Federal Funds Obligated to 849,665.00 Project Sponsor: 849,665.00 Name of Federal Awarding Department of Housing and Agency Urban Development (HUD) 849,665.00 Award Official Contact Erika Lopez, City of Fresno, CA Person: Erika.lopez@fresno.gov Housing Opportunities for Award Official Address: 2600 Fresno St., CHN 3065, Persons with AIDS, 14.241 Fresno CA 93721 Maximum Administration Not to Exceed 7.0%of the None and Indirect Cost Rate for HOPWA Award the Federal Award Accomplishment Year (HUD 2022 Program Year) d of Performance Start 04/01/23 Period of Performance End 03/31/24 (mm/dd/xx) Date (mm/dd/xx) n Plan Year/ IDIS 225 Activity Administration ct ID Number 'Total HOPWA Funds Expended(PYTD) Total Funds Expended for Admin. (PYTD) Report prepared by: HOPWA Agreement 4/8/2022 11/30/2023) Percent of HOPWA Award Expended Date Page 27 form HUD-40110-D (Expiration Date: OMB Approval No. 2506-0133 LjuuuJl{ i m IvuiupC ni. Liu I/ LJ4L-:)yJ C-47VM-OVL/V-JJMJJM/ r r0/ G Subrecipient Westcare California, INC. Activity: Date of Contrail Execution Accomplishment Year (mm/dd/xxxx) (Federal Program Year) Period of Performance Start Period of Performance End Date (mm/dd/xxxx) 04/01/23 Date (mm/dd/xxxx) use holds Served with HOPWA PHP funds the households served with HOPWA-funded permanent housing placement, how my households also received HOPWA-funded Case Management? useholds served with Leveraged PHP Funds: HOPWA Funds ided (PYTD) Funds Expended for ;ency Shelter (PYTD): ; prepared by: Date HOPWA Agreement 4/8/2022 1113012023) Emergency Shelter 2022 Page 28 form HUD-40110-D (Expiration Date: ONTB Approval No. 2506-0133 VUUUJIIyii mivl71Ui.1C IU. VJV I / V4G'J.7J C'4yUH'OU UJ-JJH:JJHI rro/ G ct Sponsor Westcare California, INC. Activity: of Contract Execution Accomplishment Year (Federal Program Year) d of Performance Start Period of Performance End (mm/dd/xxxx) 04/011123 Date (mm/dd/xxxx) Households served with HOPWA Total HOPWA Funds Expended(PYTD) Report prepared by: HOPWA Agreement 4/8/2022 11/30/2023) information services funds: Page 29 Date re Housing Referral 2022 form HUD-40110-D (Expiration Date: OMB Approval No. 2506-0133 VUUu JllylI CI IvvlupC IV. VJV I ! I rr0IL ct Sponsor: Westcare California, INC. Activity: STRMU Accomplishment Year (HUD of Contract Execution 2022 Program Year) of Performance Start Period of Performance End Date bmn/dd/xxax) ral Number of Households that received HOPWA STRMU Assistance: the households served with HOPWA-funded STRMU, how many also received P WA -funded Case Management services from the project sponsor during the gal numberof households served with Leveraxed Funds.: [al Short-term mortgage, rent and/or utility (STRMU) istance: 0 $ ect program delivery costs (e.g., program operations ff time): 6$ total assisted, the numberwho received assistance % mortgage costs ONLY: 0 $ total assisted, the number who received assistance h mortgage and utility costs: 0 $ total assisted, the numberwho received assistance A rental costs ONLY: 0 $ total assisted, the number who received assistance �h rental and utility costs: 0 $ total assisted, the number who received assistance �h utility costs ONLY: 0 5 Private Housing without subsidy.- HOPWA Housing Subsidy Assistance: Housing subsidy (PH): tion: J is needed to maintain current housing arrangements: tional/Short-term: )nary/Non-Permanent Housing Arrangment: ency Shelter/Street: Ier of households that received HOPWA assistance this year and two prioryears Ierof households that received HOPWA assistance this yearand prioryear HOPWA Expended I) $ Funds Expended for (PYTD) t prepared by: HOPWA Agreement 4/8/2022 11/30/2023) Total Funds Expended for Rental Assistance (PYTD) Date reoort orenared: Page 30 form HUD-40110-D (Expiration Date: OMB Approval No. 2506-0133 UUI:u Jlly.l I Ell Vt1lupV IU. UJU 1 / I rr0/ G Project Sponsor Westcare California, INC. Activity: TBRA Date of Contract Execution Accomplishment Year (HUD 2022 (mm/dd/xx) Program Year) Period of Performance Start 04/01/23 Period of Performance End Date (mm/dd/xxl Date (mm/dd/xx) Total Number of Households that received HOPWA Tenant -Based Rental Assistance: Total Number of Households that received HOPWA Other Rental Assistance Programs: Of the households served with HOPWA-funded TBRA or RA, how many also received HOPWA-funded Case Management services from the project sponsor during the Total number of households served with Leveraged Funds for TBRA: Total number of households served with Leveraged Funds for Other Rental Assistance { (Number of Households that Continued Rece Emergency Shelter: Temporary Housing: Private Housing: Other HOPWA: Other Subsidy: Institution: Jaii/Prison: Disconnected: Death/Life Event: Total HOPWA Expended $ (PYTD) Total Funds Expended for TBRA (PYTD) HOPWA Agreement 4/82022 11/30/2023) TBRA into the Next Total Total Funds Expended for RA (PYTD) Date report prepared: Page 31 form HUD-40110-D (Expiration Date: 0A1B Approval No. 2506-0133 Uuuuolly, l I CI Ivtnup l IU. U:.IU I / V�FG-JyJ C-'4.7U/'1-OU U:J-JJM:7JF1! rf'0/ L roject Sponsor. ate of Contract Execution riod of Performance Start Westcare California, INC. Adult Day Care and Personal Assistance: Alcohol and Drug Abuse Services: Case Management: Child Care and Other Child Services: Education: Employment Assistance and Training: Legal Services: Life Skills Management (Outside of Case Management): Meals/Nutritional Services: Mental Health services: Iortation: (Only if HUD -Approved): ment to eliminate duplication (express as negative number) Activity: Accomplishment Year (HUD Program Year) Period of Performance End Date (mm/dd/xxxx) Adjusted Total: Of those households served with HOPWA-funded case management, how many households also received HOPWA-funded housing subsidy assistance (TBRA,STRMU, PHP, Facility -based subsidy assistance, and/or master -leasing) from the project sponsor during the operating year? Total HOPWA Expended (PYTD) $ - Total Funds Expended for Support Services (PYTD) Report prepared bv: Date resort ore oared: HOPWA Agreement 4/8/2022 11/30/2023) SupportServices 2022 Page 32 form HUD-40110-D (Expiration Date: OMB Approval No. 2506-0133 UUUUJIIY.II CIIvCIUf,JC IU. L,/UU I / U4G-U.7JC-'45U/1-OV U:J-JJMUJM I rroI G Exhibit F SPENDING PLAN Expected Invoice Submission by May 31, Expected Invoice Submission by June 30, Expected Invoice Submission byluly 30, Sum of Invoice Submissions for 2023for Month Endi 2023 for Month Endin : 2023 for Month Ending: Meeting 25%Deadline ;Apr-2023 31-May-2023 30-Jun-2023 J. S 70.805.42 $ 70.805.421 5 70,805.42 212,41E . • .. l r I $ 70,805.42 $ 70,8m-42 S 70,805.42 Cumulative Expenditure $ 7Q805.42 $ 141,610.83 $ 212,416.25 Cumu I ativc % Expe n ded &3% 1617% 25,6% Expected Invoice Submission by August Expected Invoice Submission by Expected Invoice Submission by October Sum of Invoice Submissions for 312023 for Month Ending: September 3Q 2023 for Month Ending: 31, 2023 for Month Ending: Meeting 50% Deadline 31-Jul-2023 31-A -2023 30-Sep-2023 $ 7Q805.42 $ 7Q805.42 $ 70.805.42 2IZ416 $ 70,805A2 $ 70,805AZ S 70H05.42 _ S 2}.2,d16 Cumulative Expenditure $ 283,221.67 $ 354,027.09 $ 424,83251 L 4Z4,80 Cumulative % Expended 33.3% 41.7% 50.0% 5OA Expected Invoice Submission by Expected Invoice Submission by Expected Invoice Submission by January Sum of Invoice Submissions for November 30.2023 for Month Ending: December 31, 2023 for Month Ending: 31, 2024for Month Ending: Meeting 75%Deadline 31-Oct-2023 I 30-Nov-2023 31-Dec-2023 $ 70,805.42S 7Q805.42 $ 70805.42 212416 S 70,805A2 S 70,805.42 %$ 70,805.42 Cumulative Expenditure $ 495,637.93 $ 566,443.35 $ 637,248,77 Cumulative % Expd nd ed 5&3% 8&7% 15,0% Expected Invoice Submission by Expected Invoice Submission by March 31, Expected Invoice Submission by April 30, Sum submisslonsfor February 28, 2024for Month Ending 2024forMonthEnding: 2024for Month Ending: Meeting100%Deadline 31-Jan-2024 28-Feb-2024 31-Mar-2024 $ 70,805.42 $ 70,805.42 $ 70,805.42 212,426 $ 70,805A2 S 73,g96.42 S 70,WS.42 Cumulative Expenditure $ 708,054.19 $ 778,859,61 S 849,665.03 C umul ative %Ex pe no nd 83.3% 91-7�. 100,0% HOPWA Agreement 4/8/2022 Page 33 form HUD-40110-D (Expiration Date: 11/30/2023) OMB Approval No. 2506-0133 VUUUJIIY.II CIIVCIUf.)l7 IU. LJULJ I / U'fL-:J.7J C-'45V/1-OVLJ:J-JJFI:JJM f rr0/L EXHIBIT G Form HUD-40110-D Housing Opportunities for Persons With AIDS (HOPWA) Program Consolidated Annual Performance and Evaluation Report (CAPER) Measuring Performance Outcomes OMB Number 2506.0133 (Expiration Date: 1113012023) IiOPWA Agreement 4/8/2022 Page 34 Form BUD-40110-D (Expiration Date: 11/30/2023) OMB Approval No. 2506-0133 UUUU01YI I CI IvtnupC IU. LJJLJ I / LJ4L-J.7J C-4yUM-000J-JJMJJM I rr0/ L The CAPER report for HOPWA formula grantees provides annual information on program accomplishments that supports program evaluation and the ability to measure program beneficiary outcomes as related to: maintain housing stability; prevent homelessness; and improve access to care and support. This information is also covered under the Consolidated Plan Management Process (CPMP) report and includes Narrative Responses and Performance Charts required under the Consolidated Planning regulations. Reporting is required for all HOPWA formula grantees. The public reporting burden for the collection of information is estimated to average 41 hours per manual response, or less if an automated data collection and retrieval system is in use, along with 60 hours for record keeping, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD's requirements for reports submitted by HOPWA formula grantees are supported by 42 U.S.C. § 12911 and HUD's regulations at 24 CFR § 574.520(a). Grantees are required to report on the activities undertaken only, thus there may be components of these reporting requirements that may not be applicable. This agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless that collection displays a valid OMB control number. While confidentiality is not assured, HUD generally only releases this information as required or permitted by law. 130PWA Agreement 4/8/2022 Page 35 11/30/2023) form HUD-40110-D (Expiration Date: ONIB Approval No. 2506-0133 VVVUJIIy.II CIIvCIVt1C IV. VUV I IF rot 4 Overview. The Consolidated Annual Performance and Evaluation Report (CAPER) provides annual performance reporting on client outputs and outcomes that enables an assessment of grantee performance in achieving the housing stability outcome measure. The CAPER fulfills statutory and regulatory program reporting requirements and provides the grantee and HUD with the necessary information to assess the overall program performance and accomplishments against planned goals and objectives. HOPWA formula grantees are required to submit a CAPER demonstrating coordination with other Consolidated Plan resources. HUD uses the CAPER data to obtain essential hrformation on grant activities, project sponsors„ housing sites, units and households, and beneficiaries (which includes racial and ethnic data on program participants). The Consolidated Plan Management Process tool (CPMP) provides an optional tool to integrate the reporting of HOPWA specific activities with other planning and reporting on Consolidated Plan activities. Table of Contents PART 1: Grantee Executive Summary 1. Grantee Information 2. Project Sponsor Information 5. Grantee Narrative and Performance Assessment a. Grantee and Colmnunity Overview b. Annual Performance under the Action Plan c. Barriers or Trends Overview PART 2: Sources n_PLeyeraginp and Program[ income 1. Sources of Leveraging 2. Program Income and Resident Rent Payments PART3: Aecomnlishment Data: Planned Goals and Actual Outnats PART 4: Summa ry of Performance Outcomes 1. Housing Stability: Permanent Housing and Related Facilities 2. Prevention of Homelessness: Short -Term Housing Payments 3. Access to Care and Support: Housing Subsidy Assistance with Supportive Services PART 5-. Worksheet - Determining H*us1ne Stability OuIcomc PART 6: Annual Renort_of Coniinued_Use for HOPWA Facilih-Iiased Stewardship Units !Only) PART 7: Summary Overview of Grant Attivities A. infonmation on individuals, Beneficiaries and Households Receiving HOPWA Housing Subsidy Assistance (TBRA, STRMU, PHP, Facility Based Units, Master Leased Units ONLY) B. Facility -Based Housing Assistance Continued Use Periods. Grantees that used HOPWA funding for new construction, acquisition, or substantial rehabilitation of a building or structure are required to operate the building or structure for HOPWA- eligible beneficiaries for a ten (10) years period. If no further HOPWA funds are used to support the facility, in place of completing Section 7B of the CAPER, the grantee must submit an Annual Report of Continued Project Operation throughout the required use periods. This report is included in Part 6 in CAPER. The required use period is three (3) years if the rehabilitation is non -substantial. Record Keeping. Names and other individual information must be kept confidential, as required by 24 CFR 574.440. However, HUD reserves the right to review the information used to complete this report for grants management oversight purposes, except for recording any names and other identifying information. In the case that HUD must review client -level data, no client names or identifying information will be retained or recorded. Information is reported in aggregate to HUD without personal identification. Do not submit client or personal information in data systems to HUD. In connection with the development of the Department's standards for Homeless Management Information Systems (HMIS), universal data elements are being collected for clients ofHOPWA-funded homeless awistanceegroiects. These project sponsor records would include: Name, Social Security Number, Date of Birth, Ethnicity and Race, Gender, Veteran Status, Disabling Conditions, Residence Prior to Program Entry, Zip Code of Last Permanent Address, Housing Status, Program Entry Date, Program Exit Date, Personal Identification Number, and Household Identification Number. These are intended to match the elements under HMIS. The HOPWA program -level data elements include: income and Sources, Non -Cash Benefits, HIV/AIDS Status, Services Provided, Housing Status or Destination at the end of the operating year, Physical Disability, Developmental Disability, Chronic Health Condition, Mental Health, Substance Abuse, Domestic Violence, Medical Assistance, and T- cell Count. Other HOPWA projects sponsors may also benefit from collecting these data elements. HMiS local data systems must maintain client confidentiality by using a closed system in which medical information and HIV status are only shared with providers that have a direct involvement in the client's case management, treatment and care, in line with the signed release of information from the client. Operating Year. HOPWA formula grants are annually awarded for a three-year period of performance with three operating years. The information contained in this CAPER must represent a one-year period of HOPWA program operation that coincides with the grantee's program year; this is the operating year. More than one HOPWA formula grant awarded to the same grantee may be used during an operating year and the CAPER must capture all formula grant funding used during the operating year. Project sponsor accomplishment information must also coincide with the operating year this CAPER covers. Any change to the period of performance requires the approval of HUD by amendment, such as an extension for an additional operating year. Final Assembly of Report. After the entire report is assembled, number each page sequentially. Filing Requirements. Within 90 days of the completion of each program year, grantees must submit their completed CAPER to the CPD Director in the grantee's State or Local HUD Field Office, and to the HOPWA Program Office: at I IOP1VAet?hud c . Electronic submission to HOPWA Program office is preferred; however, if electronic submission is not possible, hard copies can be mailed to: Office of HIV/AIDS Housing, Room 7248, U.S. Department of Housing and Urban Development, 451 Seventh Street, SW, Washington, D.C., 20410. Definitions Adjustment for Duplication: Enables the calculation of unduplicated output totals by accounting for the total number of households or units that received more than one type of HOPWA assistance in a given service category such as HOPWA Subsidy Assistance or Supportive Services. For example, if a client household received both TBRA and STRMU during the operating year, report that household in the category of HOPWA Housing Subsidy Assistance in Part 3, Chart I, Column [l b] in the following manner: [1) Outputs: HOPWA Housing Subsidy Assistance Number of Households 1. Tenant -Based Rental Assistance Permanent Housing Facilities: 2a. Received Operating Subsidies/Leased units 2b Transitional/Short-term Facilities: Received Operating Subsidies Permanent Housing Facilities: Capital 3a. Development Projects placed in service during the operating vear Transitional/Short-term Facilities: A Capital Development Projects placed in service during the operating year 4 Short-term Rent, Mortgage, and Utility Assistance 1 5 Adjustment for duplication (subtract) 1 6 TOTAL Housing Subsidy Assistance Sum of Rows 1-4 minus Row 5 1 HOPWA Agreement 4/8/2022 Page xsxvi form HUD-401IO-D (Expiration Date: 11/30/2023) OMB Approval No. 2506-0133 UVI;U01y] I CI IvulupC IU. U:7U I / U'4L-:J.7JC-4,7VM-000:J-J J/1:JJF1 I rro/ e- Administrative Costs: Costs for general management, oversight, coordination, evaluation, and reporting. By statute, grantee administrative costs are limited to 3% of total grant award, to be expended over the life of the grant. Project sponsor administrative costs are limited to 7% of the portion of the grant amount they receive. BeacFiciary(ies): All members of a household who rea:ivcd HOPWA assistance during the operating year including the one individual who qualified the household for HOPWA assistance as well as any other members of the household (with or without HIV) who benefitted from the assistance. Chronically Homeless Person: An individual or family who: (i) is homeless and lives or resides individual or family who: (i) Is homeless and lives or resides in a place not meant for human habitation, a safe haven, or in an emergency shelter; (ii) has been homeless and living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least I year or on at least 4 separate occasions in the last 3 years; and (iii) has an adult head of household (or a minor head of household if no adult is present in the household) with a diagnosable substance use disorder, serious mental illness, developmental disability (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)), post traumatic stress disorder, cognitive impairments resulting from a brain injury, or chronic physical illness or disability, including the co -occurrence oft or more of those conditions. Additionally, the statutory definition includes as chronically homeless a person who currently lives or resides in an institutional care facility, including a jail, substance abuse or mental health treatment facility, hospital or other similar facility, and has resided there for fewer than 90 days if such person met the other criteria for homeless prior to entering that facility. (See 42 U.S.C. 11360(2)) This does not include doubled -up or overcrowding situations. Disabling Condition: Evidencing a diagnosable substance use disorder, serious mental illness, developmental disability, chronic physical illness, or disability, including the cc -occurrence of two or more of these conditions. In addition, a disabling condition may limit an individual's ability to work or perform one or more activities of daily living. An HIWAIDS diagnosis is considered a disabling condition. Facility -Based Housing Assistance: All eligible HOPWA Housing expenditures for or associated with supporting facilities including community residences, SRO dwellings, short-term facilities, project -based rental units, master leased units, and other housing facilities approved by HUD. Faith -Based Organization: Religious organizations of three types: (1) congregations; (2) national networks, which include national denominations, their social service arms (for example, Catholic Charities, Lutheran Social Services), and networks of related organizations (such as YMCA and YWCA); and (3) freestanding religious organizations, which are incorporated separately from congregations and national networks. Grassroots Organization: An organization headquartered in the local community where it provides services; has a social services budget of $300,000 or less annually, and six or fewer full-time equivalent employees. Local affiliates of national organizations are not considered "grassroots." HOPWA Eligible Individual: The one (1) low-income person with HIV/AIDS who qualifies a household for HOPWA assistance. This person may be considered "Head of Household." When the CAPER asks for information on eligible individuals, report on this individual person only. Where there is more than one person with HIV/AIDS in the household, the additional PW H/A(s), would be considered a benefrciary(s). HOPWA Housing information Services: Services dedicated to helping persons living with HIV/AIDS and their families to identify, locate, and acquire housing. This may also include fair housing counseling for eligible persons who may encounter discrimination based on race, color, religion, sex, age, national origin, familial status, or handicap/disability. HOPWA Housing Subsidy Assistance Total: The unduplicated number of households receiving housing subsidies (TBRA, STRMU, Permanent HOPWA Agreement 4/8/2022 Page xxxvii Housing Placement services and Master Leasing) and/or residing in units of facilities dedicated to persons living with HIV/AIDS and their families and supported with HOPWA funds during the operating year. Household: A single individual or a family composed of two or more persons for which household incomes are used to determine eligibility and for calculation of the resident rent payment, The term is used for collecting data on changes in income, changes in access to services, receipt of housing information services, and outcomes on achieving housing stability. Live -In Aides (see definition for Live -In Aide) and non - beneficiaries (e.g. a shared housing arrangement with a roommate) who resided in the unit are not reported on in the CAPER. Housing Stability: The degree to which the HOPWA project assisted beneficiaries to remain in stable housing during the operating year. See Pori 5: Deten»irring Housing Stability Outcomes for definitions of stable and unstable housing situations. In -kind Leveraged Resources: These are additional types of support provided to assist HOPWA beneficiaries such as volunteer services, materials, use of equipment and building space. The actual value of the support can be the contribution of professional services, based on customary rates for this specialized support, or actual costs contributed from other leveraged resources. In determining a rate for the contribution of volunteer time and services, use the criteria described in 2 CFR 200. The value of any donated material, equipment, building, or lease should be based on the fair market value at time of donation. Related documentation can be from recent bills of sales, advertised prices, appraisals, or other information for comparable property similarly situated. Leveraged Funds: The amount of funds expended during the operating year from non-HOPWA federal, state, local, and private sources by grantees or sponsors in dedicating assistance to this client population. Leveraged funds or other assistance are used directly in or in support of HOPWA program delivery. Live -In Aide: A person who resides with the HOPWA Eligible Individual and who meets the following criteria: (1) is essential to the care and well- being of the person; (2) is not obligated for the support of the person; and (3) would not be living in the unit except to provide the necessary supportive services, See t24 CFR 5.403 and the HOPWA Grantee Oversight Resource Guideforadditforral reference. Master Leasing: Applies to a nonprofit or public agency that leases units of housing (scattered -sites or entire buildings) from a landlord, and subleases the units to homeless or low-income tenants. By assuming the tenancy burden, the agency facilitates housing of clients who may not be able to maintain a lease on their own due to poor credit, evictions, or lack of sufficient income. Operating Costs: Applies to facility -based housing only, for facilities that are currently open_ Operating costs can include day-to-day housing function and operation costs like utilities, maintenance, equipment, insurance, security, furnishings, supplies and salary for staff costs directly related to the housing project but not staff costs for delivering services. Outcome: The degree to which the HOPWA assisted household has been enabled to establish or maintain a stable living environment in housing that is safe, decent, and sanitary, (per the regulations at 24 CFR 574.3I0(b)) and to reduce the risks of homelessness, and improve access to HIV treatment and other health care and support. Output: The number of units of housing or households that receive HOPWA assistance during the operating year. Permanent Housing Placement: A supportive housing service that helps establish the household in the housing unit, including but not limited to reasonable costs for security deposits not to exceed two months of rent costs. Program Income: Gross income directly generated from the use of HOPWA funds, including repayments. See grant administration form HUD-40110-D (Expiration Date: 11/30/2023) OMB Approval No. 2506-0133 VVL;uoi II CIIvuiupv IV. VJV it V'iL-V.7J C-'4.7VM-OVV:J-JJh1JJ/1/ rrote requirements on program income at 2 CFR 200.307. Project -Based Rental Assistance (PBRA): A rental subsidy program that is tied to specific facilities or units owned or controlled by a project sponsor. Assistance is tied directly to the properties and is not portable or transferable. Project Sponsor Organizations: Per HOPWA regulations at 24 CFR 574.3, any nonprofit organization or governmental housing agency that receives funds under a contract with the grantee to provide eligible housing and other support services or administrative services as defined in 24 CFR 574.300. Project Sponsor organizations are required to provide performance data on households served and funds expended. SAM: All organizations applying for a Federal award must have a valid registration active at sam.gov_ SAM (System for Award Management) registration includes maintaining current information and providing a valid DUNS number. Short -Term Rent, Mortgage, and Utility (STRMU) Assistance: A time -limited, housing subsidy assistance designed to prevent homelessness and increase housing stability. Grantees may provide assistance for up to 21 weeks in any 52-week period. The amount of assistance varies per client depending on funds available, tenant need and program guidelines. Stewardship Units: Units developed with HOPWA, where HOPWA funds were used for acquisition, new construction and rehabilitation that no longer receive operating subsidies from HOPWA. Report information for the units is subject to the three-year use agreement if rehabilitation is non -substantial and to the ten-year use agreement if rehabilitation is substantial. Tenant -Based Rental Assistance (TBRA): TBRA is a rental subsidy program similar to the housing Choice Voucher program that grantees can provide to help low-income households access affordable housing. The TBRA voucher is not tied to a specific unit, so tenants may move to a different unit without losing their assistance, subject to individual program rules. The subsidy amount is determined in part based on household income and rental costs associated with the tenant's lease. Transgender: Transgender is defined as a person who identifies with, or presents as, a gender that is different from the person's gender assigned at birth. Veteran: A veteran is someone who has served on active duty in the Armed Forces of the United States. This does not include inactive military reserves or the National Guard unless the person was called up to active duty. HOPWA Agreement 4/8/2022 Page xxxviii form HUD-40110-D (Expiration Date: 11/30/2023) OMB Approval No. 2506-0133 UUUUJIIylI CIIvt:1upC IU. UVU I / U4L-J.7JC-'F.7UF1-OV U:J-JJMVJ/1 I rr01 G Housing Opportunities for Person With AIDS (HOPWA) Consolidated Annual Performance and Evaluation Report (CAPER) Measuring Performance Outputs and Outcomes OMB Number 2506-0133 (Expiration Date: 1113012023) Part 1: Grantce Executive Summary As applicable, complete the charts below to provide more detailed information about the agencies and organizations responsible for the administration and implementation of the HOPWA program. Chart 1 requests general Grantee information and Chart 2 is to be completed for each organization selected or designated as a project sponsor, as defined by 24 CPR 574.3. Note: If any information does not apply to your organization, please enter N/A. Do not leave any section blank 1. Grantee Information HUD Grant Number Operating Year for this report Fro in (m n/dd/yy) To (nnn/ddlj33 Grantee Name Business Address City, County, State, Zip Employer Identification Number (EIN) or Tax Identification Number TIN DUN & Bradstreet Number (DUNs): System for Award Management (SAM):: Is the grantee's SAM status currently active? ❑ Yes ❑ No If yes, provide SAM Number: Congressional District of Grantee's Business Address "Congressional District of Primary Service Area(s) *City(ies) and County(ies) of Primary Service Cities: Counties: Area s Organization's Website Address Is there a waiting list(s) for HOPWA Housing Subsidy Assistance Services in the Grantee Service Area? O Yes ❑ No If yes, explain in the narrative section what services maintain a waiting list and how this list is administered. * Service delivery area information only needed for program activities being directly carried out by the grantee. HOPWA Agreement 4/8/2022 Page I form HUD-40110-D (Expiration Date: 11/3012023) OMB Approval No. 2506-0133 UUI:UJIylI CIIvulupu IU. VJV I / V'#L-JyJC-4�UM-000J-JJM:JJF1/ f r0lL 2. Project Sponsor Information Please complete Chart 2 for each organization designated or selected to serve as a project sponsor, as defined by 24 CFR 574.3. Use this section to report on organizations involved in the direct delivery of services for client households. Note: If any information does not apply to your organization, please enter N/A. Project Sponsor Agency Name Parent Company Name, ifapplicable Name and Title of Contact at Project Sponsor Agency Email Address Business Address City, County, State, Zip, Phone Number (with area code) Employer Identification Number (EIN) or Tax Identification Number (TIN) Fax Number (with area code) DUN & Bradstreet Number (DUNS): Congressional District of Project Sponsor's Business Address Congressional District(s) of Primary Service Area(s) City(ies) and Connty(ies) of Primary Service Area(s) Cities: Counties: Total HOPWA contract amount for this Organization for the o erati rear Organization's Website Address Is the sponsor a nonprofit organization? O Yes ❑ No Please check ifyes and a faith -based organization. ❑ Please check ifyes and a grassroots organization. ❑ Does your organization maintain awaiting list? ❑ Yes ❑ No ifyes, explain in the narrative section how this list is administered. IIOPWA Agreement 418/2022 Page 2 form HUD-40110-D (Expiration Date: IUM12023) OMB Approval No. 2506-0133 UUUUJIIJ. I I CI IvtnuyC IU. UJL/ I ! U'4L-J.7J C-47VM-OVU:I-J J/1:JJM I rr01L S. Grantee Narrative and Performance Assessment a. Grantee and Community Overview Provide a one to three page narrative summarizing major achievements and highlights that were proposed and completed during the program year. Include a brief description of the grant organization, area of service, the name(s) of the program contact(s), and an overview of the range/type of housing activities provided. This overview may be used for public information, including posting on HUD's website. Note, Text fields are expandable. b. Annual Performance under the Action Plan Provide a narrative addressing each of the following four items: 1. Outputs Reported. Describe significant accomplishments or challenges in achieving the number of housing units supported and the number households assisted with HOPWA funds during this operating year compared to plans for this assistance, as approved in the Consolidated Plan/Action Plan. Describe how HOPWA funds were distributed during your operating year among different categories of housing and geographic areas to address needs throughout the grant service area, consistent with approved plans. 2. Outcomes Assessed. Assess your program's success in enabling HOPWA beneficiaries to establish and/or better maintain a stable living environment in housing that is safe, decent, and sanitary, and improve access to care. Compare current year results to baseline results for clients. Describe how program activities/projects contributed to meeting stated goals. If program did not achieve expected targets, please describe how your program plans to address challenges in program implementation and the steps currently being taken to achieve goals in next operating year. If your program exceeded program targets, please describe strategies the program utilized and how those contributed to program successes. 3. Coordination. Report on program coordination with other mainstream housing and supportive services resources, including the use of committed leveraging from other public and private sources that helped to address needs for eligible persons identified in the Consolidated Plan/Strategic Plan. 4. Technical Assistance. Describe any program technical assistance needs and how they would benefit program beneficiaries. c. Barriers and Trends Overview Provide a narrative addressing items 1 through 3. Explain how barriers and trends affected your program's ability to achieve the objectives and outcomes discussed in the previous section. 1. Describe any barriers (including regulatory and non -regulatory) encountered in the administration or implementation of the HOPWA program, how they affected your program's ability to achieve the objectives and outcomes discussed, and, actions taken in response to barriers, and recommendations for program improvement. Provide an explanation for each barrier selected. ❑ HOPWA/HUD Regulations ❑Planning ❑ Housing Availability ❑ Rent Determination and Fair Market Rents ❑ Discrimination/Confidentiality ❑ Multiple Diagnoses ❑ Eligibility ❑ Technical Assistance or Training ❑ Supportive Services ❑ Credit History ❑ Rental History 11 Criminal Justice History ❑ Housing Affordability ❑ Geography/Rural Access ❑ Other, please explain further HOPWA Agreement 4/9/2022 Page 3 form HUD-40110-D (Expiration Date: 11 /30/2023) OMB Approval No. 2506-0133 UUUUJIIY.II CIIVCIUi w ILI. UJU I / UNL-JyJC-Y7UM-000U-JJMJJM/ rr0/L 2. Describe any trends in the community that may affect the way in which the needs of persons living with HIV/AIDS are being addressed, and provide any other information important to the future provision of services to this population. 3. Identify any evaluations, studies, or other assessments of the HOPWA program that are available to the public. End of PART 1 HOPWA Agreement 4/8/2022 Page 4 form HUD 40110-D (Expiration Date: 11/3012023) OMB Approval No. 2506-0133 L/UUUJII�f.I I CI IVCIUFIC IL/. UU L! It L!•FL-:JyJC-'4y U/1-OU UU-JJM:JJM I rro1 L PART 2: Sources of Leveraging and Program Income 1. Sources of Leveraging Report the source(s) of cash or in -kind leveraged federal, state, local or private resources identified in the Consolidated or Annual Plan and used in the delivery of the HOPWA program and the amount of leveraged dollars. In Column [1], identify the type of leveraging. Some common sources of leveraged funds have been provided as a reference point. You may add Rows as necessary to report all sources of leveraged funds. Include Resident Rent payments paid by clients directly to private landlords. Do NOT include rents paid directly to a HOPWA program as this will be reported in the next section. In Column [2] report the amount of leveraged funds expended during the operating year. Use Column [3] to provide some detail about the type of leveraged contribution (e.g., case management services or clothing donations). In Column [4], check the appropriate box to indicate whether the leveraged contribution was a housing subsidy assistance or another form of support. Note: Be sure to report on the number of households supported with these leveraged funds in Part 3, Chart 1, Column d A. Source of Leveraeine Chart 121 Amount of [41 Housing Subsidy Leveraged [31 Type of Assistance or Other Ill Source of Leveraging Funds Contribution Support Public Funding ❑ Housing Subsidy Assistance Rvan White -Housing Assistance ❑ Other Support ❑ Housing Subsidy Assistance Rvan White -Other ❑ Other Support ❑ Housing Subsidy Assistance Housing Choice Voucher Program ❑ Other Support ❑ Housing Subsidy Assistance Low Income Housing Tax Credit ❑ Other Support ❑ Housing Subsidy Assistance HOME ❑ Other Support ❑ Housing Subsidy Assistance Continuum of Care ❑ Other Support ❑ Housing Subsidy Assistance Emergency Solutions Grant ❑ Other Support ❑ Housing Subsidy Assistance Other Public: ❑ Other Su ort ❑ Housing Subsidy Assistance Other Public: ❑ Other Support R Housing Subsidy Assistance Other Public: ❑ Other Support ❑ Housing Subsidy Assistance Other Public: ❑ Other Support ❑ Housing Subsidy Assistance Other Public: ❑ Other Support Private Fundin ❑ Housing Subsidy Assistance Grants ❑ Other Support ❑ Housing Subsidy Assistance In -kind Resources ❑ Other Support ❑ Housing Subsidy Assistance Other Private: ❑ Other Support ❑ Housing Subsidy Assistance Other Private: ❑ Other Support Other Funding ❑ Housing Subsidy Assistance Grantee/Project Sponsor (Agency) Cash ❑ Other Su ort Resident Rent Payments by Client to Private Landlord A TOTAL Sum of all Rows) A Agreement 4/8/2022 Page 5 form HUD-40110-D (Expiration Date: 11/302023) OMB Approval No. 2506-0133 Llul:uoiyiI mIVCIupIU. Liu IJ it rro/e- 2. Program Income and Resident Rent Payments In Section 2, Chart A, report the total amount of program income and resident rent payments directly generated from the use of HOPWA funds, including repayments. Include resident rent payments collected or paid directly to the HOPWA program. Do NOT include payments made directly from a client household to a private landlord: Nate: Please see report directions section for definition of Grogram income. (Additional information on program income is available in the HOPIVA Grantee Oversight Resource Guide). A. Total Amount Program Income and Resident Rent Payment Collected During the Operating Year Program Income and Resident Rent Payments Collected Total Amount of Program Income (for this operating year) 1, Program income (e.g. repayments) z, Resident Rent Payments made directly to HOPWA Program 3, Total Program Income and Resident Rent Payments (Sum of Rows 1 and 2) B. Program Income and Resident Rent Payments Expended To Assist HOPWA Households In Chart B, report on the total program income and resident rent payments (as reported above in Chart A) expended during the operating year. Use Row 1 to report Program Income and Resident Rent Payments expended on Housing Subsidy Assistance Programs (i.e., TBRA, STRMU, PHP, Master Leased Units, and Facility -Based Housing). Use Row 2 to report on the Program Income and Resident Rent Payment expended on Supportive Services and other non -direct Housing Costs. Total Amount of Program Program Income and Resident Rent Payment Expended on Income Expended HOPWA programs (for this operating year) 1. Program Income and Resident Rent Payment Expended on Housing Subsidy Assistance costs 2. Program Income and Resident Rent Payment Expended on Supportive Services and other non - direct housing costs 3. Total Program Income Expended (Sum of Rows 1 and 2) End of PART 2 HOPWA Agreement 4/8/2022 Page ti form HUD-40110-D (Expiration Date: 11/30/2023) OMB Approval No. 2506-0133 u uuuoiyj I mIvC upu IU. Liu Li I ! L/YL-JJJC-4yVM-OU U:J-JJFIVJM! rr0! a PART 3: Accomplishment Data Planned Goal and Actual Outputs In Chart 1, enter performance information (goals and actual outputs) for all activities undertaken during the operating year supported with HOPWA funds. Performance is measured by the number of households and units of housing that were supported with HOPWA or other federal, state, local, or private funds for the purposes of providing housing assistance and support to persons living with MWAIDS and their families. 1. HOPWA Performance Planned Goal and Actual Out uts ] Output: Households [21 Output: Funding j PWA [Assistance Leveraged HOPWA Performance Households HOPWA Funds Planned Goal a. b. c. d. m � and Actual IHOPWA Housing Subsidv Assistance III Output- Households 121 Output: Funding 1. Tenant -Based Rental Assistance 2a. IPermaneot Housing Facilities: Received Operating Subsidies/Leased units (Households Served)1 2b. Transitional/Short-term Facilities: (Received Operating Subsidies/Leased units (Households Served) 'Households Served) 3a, IlPermanent Housing Facilities: Capital Development Projects placed in service during the operating year 'Households Served _ 3b. rransitionaUShort-term Facilities: Capital Development Projects placed in service during the operating year 'Households Served 1. Short -Term Rent, Mortgage and Utility Assistance 'i. Permanent Housing Placement Services S. Adjustments for duplication (subtract) 1.'rots] HOPWA Housing Subsidy Assistance 'Columns a — d equal the sum of Rows 1-5 minus Row 6; Columns a and f equal he sum of Rows 1-5 Housing Development (Construction and Stewardship of facility based housing) IIIOutput: Honsin Units 121 Output* Fuodi 13. -acility-based units; 2apital Development Projects not yet opened (Housing Units) 7. Se -wardship Units subject to 3- or 10- year use agreements lo. Total Housing Developed Sum of Rows 8 & 9 Supportive Services 1 On at: Households 121 On ut: Fundin l la. upportive Services provided by project sponsors that also delivered HOPWA housing �ubsidy assistance l lb. Supportive Services provided by project sponsors that only provided supportive services. 12. Adjustment for duplication (subtract) 13. Total Supportive Services 'Columns a — d equals the sum of Rows 11 a & b minus Row 12; Columns a and f equal the sum of Rows lla & llb Housing Information Services Ill Output: Households 121 Output: Funding 14. Housing Information Services II 5. Total Housing Information Services (Grant Administration and Other Activities III Output: Households 121 Output: Funding 16. Resource Identification to establish, coordinate and develop housing assistance HOPWA Agreement 4/8/2022 Page 7 form HUD-40110-D (Expiration Date: 11/30/2023) OMB Approval No. 2506-0133 VUUUJIIYII CI Ivulupu IV. V:JV I I rro I 2. Listing of Supportive Services Report on the households served and use of HOPWA funds for all supportive services. Do NOT report on supportive services leveraged with non-HOPWA funds. Data check: Total unduplicated households and expenditures reported in Row 17 equal totals reported in Part 3, Chart 1, Row 13. Supportive Services [11 Output: Number of Households [21 Output: Amount of HOPWA Funds Expended L Adult day care and 2ersonal assistance 2. Alcohol and drug abuse services I Case mana ement 4. Child care and other child services 5. Education 6. Employment assistance and training 7. Health/medicaUintensive care services, ifapproved Note: Client records must conform with 24 CFR §574.310 8. Legal services 9. Life skills mana ement outside of case management) 10. 1 Meals/nutritional services 1 L Mental health services 12_ Outreach 13. Transportation 14. Other Activity (ifapproved in grant agreement). Specify: 15. Sub -Total Households receiving Supportive Services Sum of Rows 1-14 16. Adjustment for Duplication (subtract) 17. TOTAL Unduplicated Households receiving Supportive Services (Column Ill equals Row 15 minus Row 16; Column 121 equals sum of Rows 1-14) 3. Short -Term Rent, Mortgage and Utility Assistance (STRMU) Summary In Row a, enter the total number of households served and the amount of HOPWA funds expended on Short -Term Rent, Mortgage and Utility (STRMU) Assistance. In Row b, enter the total number of STRMU-assisted households that received assistance with mortgage costs only (no utility costs) and the amount expended assisting these households. In Row c, enter the total number of STRMU-assisted households that received assistance with both mortgage and utility costs and the amount expended assisting these households. In Row d, enter the total number of Uuuu, Ijy. II CI IvtnuytC IU. Liu Li I / rroi L STRMU-assisted households that received assistance with rental costs only (no utility costs) and the amount expended assisting these households. In Row e, enter the total number of STRMU-assisted households that received assistance with both rental and utility costs and the amount expended assisting these households. In Row f, enter the total number of STRMU-assisted households that received assistance with utility costs only (not including rent or mortgage costs) and the amount expended assisting these households. In row g, report the amount of STRMU funds expended to support direct program costs such as program operation staff. Data Check: The total households reported as served with STRMU in Row a, column [1] and the total amount of HOP WA funds reported as expended in Row a, column [2] equals the household and expenditure total reported for STRMU in Part 3, Chart 1, Row 4, Columns b and f, respectively. Data Check. The total number of households reported in Column [1], Rows b, q d, e, and f equal the total number of STRMU households reported in Column [11, Row a. The total amount reported as expended in Column [2], Rows b, c, d, e, f, and g. equal the total amount of STRMU expenditures reported in Column [21, Row a. [1) Output: Number of 121 Output: Total Households Served HOPWA Funds Expended Housing Subsidy Assistance Categories (STRMU) on STRMU during Operating Year Total Snort -term inortgape, rent andlor utility (STRMU) a. assistance of tMtatm SUM reported on Row total who received b- assistance with mortgage costs ONLY. 00he total STRMU-reported. on Rows total who received c• assistance with mortgage and utility costs. Of the total STRMU reported on Row a total who received d, assistance with rental costs ONLY. Of the total STRMU reported on stow a total who received e. assistance with rental and utility costs. of total STRMU reported on Row a, total who received f assistance with utility costs ONLY. Direct program delivery costs (e.g., program operations staff time) g• End of PART 3 UVI:u,alyll mlvtllupC IU. LJUL./ I / U'4L-U yJ C-'4yUH-0UU:YJ0muom r Fro/G Part 4, Summary of Performance Outcomes In Column [1], report the total number of eligible households that received HOPWA housing subsidy assistance, by type. In Column [2], enter the number of households that continued to access each type of housing subsidy assistance into next operating year. In Column [3], report the housing status of all households that exited the program. Data Check: The sum of Columns [21(Number of Households Continuing) and [31(Exited Households) equals the total reported in Column[l]. Note: Refer to the housing stability codes that appear it? Part 5. Worksheet - Determining Housing Stability Outcomes. Section 1. Housing Stability: Assessment of Client Outcomes on Maintaining Housing Stability (Permanent Housing and Related Facilities) A. Permanent Housine Subsidy Assistance [11 Output: i 121 Assessment: Number of [31 Assessment: Number of Total Number of Households Served Households that Continued Receiving HOPWA Housing Subsidy Assistance into the Households that exited this HOPWA Program; their Housing Status after Exiting [4] HOPWA Client Outcomes Next Operating Year 1 Emergency Shelter/Streets Unstable Arrangements 2 Temporary Housing Tertrpormily Stable, lvith Reduced Risk of Homelessness 3 Private Housing Tenant -Based 4 Other HOPWA Rental Assistance Slable/Permanent Housing (PH) 5 Other Subsidy 6 Institution 7 Jail/Prison Unstable Arrangements 8 Disconnected/Unknown 9 Death Life Event I Emergency Shelter/Streets Unstable Arrangements 2 Temporary Housing Temporarily Stable, with Reduced Risk ofHontelessness 3 Private Housing Permanent Supportive Housing Stable/Permanent Housing 4 Other HOPWA 5 Other Subsidy Facilities/ (PH) Units 6 Institution 7 Jail/Prison Unstable Arrangements 8 Disconnected/Unknown 9 Death Life Event B. Transitional Housing Assistance [11 Output: [21 Assessment: Number of [31 Assessment: Number of Total Number of Households Served Households that Continued Receiving HOPWA Housing Subsidy Assistance into the Households that exited this HOPWA Program; their Housing Status after Exiting [41 HOPWA Client Outcomes Next Operating Year I Emergency Shelter/Streets UnstableAnang enrents 2 Temporary Housing Temporarily Stable with Reduced Transitionall Risk of Homelessness 13 Private Housing Stable/Permanent Housing (PH) Short -Term Housing Facilities/ Units 4 Other HOPWA S Other Subsidy 6 Institution 7 Jail/Prison VVIiUolylI mlvttl uptl ILJ. LJUU I / U'4L-U�J C-4yVM-OVL/U-JJM:JJM/ rr0/L 8 Disconneeled/unknown Unstable Arrangements 9 Death Life Event B 1: Total number of households receiving transitional/short-term housing assistance whose tenure exceeded 24 months Section 2. Prevention of Homelessness: Assessment of Client Outcomes on Reduced Risks of Homelessness (Short -Term Housing Subsidy Assistance) Report the total number of households that received STRMU assistance in Column [1]. In Column [2], identify the outcomes of the households reported in Column [11 either at the time that they were known to have left the STRMU program or through the project sponsor's hest assessment for stability at the end of the operating year. Information in Column [3] provides a description of housing outcomes; therefore, data is not required. At the bottom of the chart: • In Row la, report those households that received STRMU assistance during the operating year of this report, and the prior operating year. ■ In Row lb, report those households that received STRMU assistance during the operating year of this report, and the two prior operating years. Data Check: The total households reported as served with STRMU in Column[]] equals the total reported in Part 3, Chart 1, Row 4, Column b. Data Check_ The sum of Column [2] should equal the number of households reported in Column [1]. Assessment of Households that Received STRMU Assistance {1] Output: Total [2] Assessment of Housing Status [31 HOPWA Client Outcomes number of households Maintain Private Housing without subsidy (e.g. Assistance provided/completed and client is stable, not like!e lose ekadditional su ott Other Private Housing without subsidy (e_g. client switched housing units and is now stable, not likely to seek additional support) I Stable/Permanent Housing (PH) Other HOPWA Housing Subsidy Assistance Other Housing Subsidy (PH) Institution (e.g. residential and long-term care) Likely that additional STRMU is needed to maintain current housing arrangements Temporarily Stable, with Reduced Risk of Homelessness Transitional Facilities/Short-term (e.g. remporaq or transitional arrangement) Temporary/Non-Permaneat Housing arrangement (e.g. gave up lease, and moved in with family or friends btrt expects to live there less than 90 days) Emergency Shelter/street Jail/Prison Unstable Arrangements Disconnected Life Event Death 1 a. Total number of those households that received STRMU Assistance in the operating year of this report that also received STRMU assistance in the prior operating year (e.g. households that received STRMU assistance in two consecutive operating years). 1 b. Total number of those households that received STRMU Assistance in the operating year of this report that also received STRMU assistance in the two prior operating years (e.g. households that received STRMU assistance in three consecutive operating years). L/UI;UJnYI I CI Ivulu qC IL/. LJOL./ I / U4L-UJJ C-'FSVM-OV U:J-JJFIJJM I rroI L Section 3. HOPWA Outcomes on Access to Care and Support Ia. Total Number of Households Line [1]: For project sponsors that provided HOPWA housing subsidy assistance during the operating year identify in the appropriate row the number of households that received HOPWA housing subsidy assistance (TBRA, STRMU, Facility -Based, PHP and Master Leasing) and HOPWA funded case management services. Use Row c to adjust for duplication among the service categories and Row d to provide an unduplicated household total. Line [2]: For project sponsors that did NOT provide HOPWA housing subsidy assistance identify in the appropriate row the number of households that received HOPWA funded case management services. Note: These numbers will help you to determine -which clients to report Access to Care and Support Outcomes for and will be used by HUD as a basis for analyzing the percentage of households who demonstrated or maintained connections to care and support as identified in Chart Ib below. Total Number of louseholds 1. For Project 5poasors That provided HOPWA Housing Subsidy Assistance: Identify the total number of households that received the foIlowing HOPWA-funded sc ry Ices: a. Housing Subsidy Assistance (duplicated)•TBRA, STRMU, PHP, Facil'ity-Bwed Housing, and Master Leasing b. Case Management c. Adjustment for duplication (subtraction) d. Total Households Served by Project Sponsors with Housing Subsidy Assistance {Sum of Rows a and b minus Row c 2. For Projeef Sponsors did NO'r provide HOPWA Housing Subsidy Assistance: Identify the total number of Households that received the folIowin g li P A -funded service. a. HOPWA Case Management b. Total Households Served by Project Sponso rs without Housing Subsidy Assistance lb. Status of Households Accessing Care and Support Column [1]: Of the households identified as receiving services from project sponsors that provided HOPWA housing subsidy assistance as identified in Chart la, Row Id above, report the number of households that demonstrated access or maintained connections to care and support within the operating year. Column j2]: Of the households identified as receiving services from project sponsors that did NOT provide HOPWA housing subsidy assistance as reported in Chart 1a, Row 2b, report the number of households that demonstrated improved access or maintained connections to care and support within the operating year. Note: For in/oration on types and sources a income and medical insurancelassistance, re er to Charts below. 11] For project sponsors that 12j For project sponsors that Categories of Services Accessed provided HOPWA housing subsidy did NOT provide HOPWA housing subsidy assistance, Outcome assistance, identify the households the households who Indicator who demonstrated the following:identify demonstrated the following: Supportfor 1. Has a housing plan for maintaining or establishing stable on- Stable going housing Housin 2. Had contact with case manage6enefits counselor consistent with the schedule specified in client's individual service plan Access to (may include leveraged services such as Ryan White Medical Support Case Management) 3. Had contact with a primary health care provider consistent Access to -with the schedule specified in client's individual service plan Health Care .4. Accessed and maintained medical insurance/assistance Access to Health Care S. Successfully accessed or maintained qualification for sources Sources of iof income Inco►ne Chart lb, Line 4: Sources of Medical Insurance and Assistance include, but are not limited to the following (Iteference onl • MEDICAID Health Insurance Program, • Veterans Affairs Medical Services or use local program • AIDS Drug Assistance Program • Ryan White -funded Medical or Dental name (ADAP) Assistance • MEDICARE Health Insurance Program, • State Children's Health Insurance or use local program name Program (SCIdIP), or use local program narrc UUUU,D1Y1I CI IvululiC IU. LJULJ 1 / U4L-U yJ C-'4.7VF1-OU UU-J J/1UJ/Y I rr01 L 'hart 1b, Row 5: Sources of Income include, but are not limited to the following Reference only) • Earned Income • Child Support • General Assistance (GA), or use local • Veteran's Pension • Social Security Disability Income program name • Unemployment Insurance (SSDI) • Private Disability Insurance • Pension from Former Job • Alimony or other Spousal Support • Temporary Assistance for Needy • Supplemental Security Income (SSI) • Veteran's Disability Payment Families (TANF) • Retirement Income from Social • Other Income Sources Security • Worker's Compensation le. Households that Obtained Employment Column [1]: Of the households identified as receiving services from project sponsors that provided HOPWA housing subsidy assistance as identified in Chart Ia, Row I d above, report on the number of households that include persons who obtained an income -producing job during the operating year that resulted from HOPWA- funded Job training, employment assistance, education or related case management/counseling services. Column [2]: Of the households identified as receiving services from project sponsors that did NOT provide HOPWA housing subsidy assistance as reported in Chart la, Row 2b, report on the number of households that include persons who obtained an income -producing job during the operating year that resulted from HOPWA- funded Job training, employment assistance, education or case management/counseling services. Note: This includes jobs created by this project sponsor or obtained outside this agency. Note: Do not include jobs that resulted from leveraged job training, employment assistance, education or case management/counseling services. [i For project sponsors that provided [21 For project sponsors that did NOT provide Categories of Services Accessed HOPWA housing subsidy assistance, identify HOPWA housing subsidy assistance, identify the the households who demonstrated the households who demonstrated the following: following: Total number of households that obtained an income -producing iob End of PART 4 VVUVJIIJ.II CIIvuluy" IL). VUV I / rrO/G PART 5: Worksheet - Determining Housing Stability Outcomes (optional) 1. This chart is designed to assess program results based on the information reported in Part 4 and to help Grantees determine overall nroaram performance. COMDletiOn of this worksheet is optional. Permanent Stable Housing Temporary Housing Unstable Life Event Housing Subsidy (4 of households (2) Arrangements (9) Assistance remaining in program (1+7+8) plus 3+4+5+6 Tenant -Based Rental Assistance (TBRA) Permanent Facility - based Housing Assistance/Units Transitional/Short- Term Facility -based Housing Assistance/Units Total Permanent HOPWA Housing Subsidy Assistance Reduced Risk of Stable/Permanent Temporarily Stable, with Reduced Risk of Unstable Life Events Homelessness: Housing Homelessness Arrangements Short -Term Assistance Short -Tenn Rent, Mortgage, and Utility Assistance {STRMU Total HOPWA Housing Subsidy Assistance Background on HOPWA Housing Stability Codes Stable Permanent Housing/Ongoing Participation 3 = Private Housing in the private rental or home ownership market (without known subsidy, including permanent placement with families or other self-sufficient arrangements) with reasonable expectation that additional support is not needed. 4 = Other HOPWA-funded housing subsidy assistance (not STRMU), e.g. TBRA or Facility -Based Assistance. 5 = Other subsidized house or apartment (non-HOPWA sources, e.g., Section 8, HOME, public housing). 6 = Institutional setting with greater support and continued residence expected (e.g., residential or long-term care facility). Temporary Housing 2 = Temporary housing - moved in with family/friends or other short-term arrangement, such as Ryan White subsidy, transitional housing for homeless, or temporary placement in institution (e.g., hospital, psychiatric hospital or other psychiatric facility, substance abuse treatment facility or detox center). Unstable Arrangements 1 = Emergency shelter or no housing destination such as places not meant for habitation (e.g., a vehicle, an abandoned building, bus/train/subway station, or anywhere outside). 7 = Jail /prison. 8 = Disconnected or disappeared from project support, unknown destination or no assessments of housing needs were undertaken. Life Event 9 = Death, i.e., remained in housing until death. This characteristic is not factored into the housing stability equation. Tenant -based Rental Assistance: Stable I lousing: is the sum of the number of households that (i) remain in the housing and (ii) those that left the assistance as reported under: 3, 4, 5, and 6. Temporary lIousing is the number of households that accessed assistance, and left their current housing for a non -permanent housing arrangement, as reported under item: 2. Unstable Situations is the sum of numbers reported under items: 1, 7, and 8. UUUUJIIyii r-imnUFIC IU. U:)U it rrOf L Permanent Facility -Based Housing Assistance: Stable l lousing is the sum of the number of households that (i) remain in the housing and (ii) those that left the assistance as shown as items: 3, 4, 5, and 6. Temporary Housing is the number of households that accessed assistance, and left their current housing for a non -permanent housing arrangement, as reported under item 2. Unstable Situations is the sum of numbers reported under items: 1, 7, and 8. Transitional/Short-Term Facility -Based Housing Assistance: Stable Housing is the sum of the number of households that (i) continue in the residences (ii) those that left the assistance as shown as items: 3, 4, 5, and 6. Other Temporary Housing is the number of households that accessed assistance, and left their current housing for a non- permanent housing arrangement, as reported under item 2. Unstable Situations is the sum of numbers reported under items: 1, 7, and 8. Tenure Assessment. A baseline of households in transitional/short-term facilities for assessment purposes, indicate the number of households whose tenure exceeded 24 months. STRMU Assistance: Stable Housing is the sum of the number of households that accessed assistance for some portion of the permitted 21-week period and there is reasonable expectation that additional support is not needed in order to maintain permanent housing living situation (as this is a time -limited form of housing support) as reported under housing status: Maintain Private Housing with subsidy; Other Private with Subsidy; Other HOPWA support; Other Housing Subsidy; and Institution. Temporarily Stable. with Reduced Risk of Homelessness is the sum of the number of households that accessed assistance for some portion of the permitted 21-week period or left their current housing arrangement for a transitional facility or other temporary/non-permanent housing arrangement and there is reasonable expectation additional support will be needed to maintain housing arrangements in the next year, as reported under housing status: Likely to maintain current housing arrangements, with additional STRMU assistance; Transitional Facilities/Short-term; and Temporary/Non-Permanent Housing arrangements Unstable Situation is the sum of number of households reported under housing status: Emergency Shelter; Jail/Prison; and Disconnected. End of PART 5 UUUU01 I I CI IVCIVi " IU. LJJU If U'iL-0.7J C-'47 V/1-OV Ll J-JJMJJM IF F01G PART.6: Annual Report of Continued Usage for HOPWA Faduty-Rased Stewardship Units (ONLY) The Annual Report of Continued Usage for HOPWA Facility -Based Stewardship Units is to be used in place of Part 7B of the CAPER if the facility was originally acquired, rehabilitated or constructed/developed in part with HOPWA funds but no HOPWA funds were expended during the operating year. Scattered site units may be grouped together on one page. Grantees that used HOPWA funding for new construction, acquisition, or substantial rehabilitation are required to operate their facilities for HOPWA eligible individuals for at least ten (10) years. If non - substantial rehabilitation funds were used, they are required to operate for at least three (3) years. Stewardship begins once the facility is put into operation. Note. See definition ofStew�rrdship Ih�ifs. 1. General information Operating Year for this report HUD Grant Number(s) From (nut✓ddJy) To (mnr(dd/yy) ❑ Final Yr ❑ Yr 1; ❑ Yr 2; ❑ Yr 3; ❑ Yr 4; ❑ Yr 5; ❑ Yr 6; ❑ Yr , ❑ Yr 8; ❑ Yr 9; ❑ Yr I O Grantee Name Dale Facility Began Operations (nmr/dd/yy) 2. Number of Units and Non-HOPWA Expenditures Facility Name: Number of Stewardship Units Amount of Non-HOPWA Funds Expended in Support of the Developed with HOPWA I Stewardship Units during the Operating Year funds Total Stewardship Units (subject to 3- or 10- year use periods) 3. Details of Pr[►.Iect Site Proiect Sites: Name ofHOPWA-funded project Site Information: Protect Zip Code(s) Site Information: Coneressional District(s) Is the address of the project site confidential? ❑ Yes, protect information; do not list ❑ Not confidential. information can be made available to the public If the site is not confidential: Please provide the contact information, phone, email address/location, if business address is different from facility address End of PART 6 L/VVUJI1y11 CIIVCIuyti IU. LJUL./ I / U'#G-VyJ C-4.7VM-OVLI:!-JJM:1JF1 I rrO/G Part 7: Summary.Overview.of Grant Activities A. Information on Individuals, Beneficiaries, and Households Receiving HOPWA Housing Subsidy Assistance (TBRA, STRMU, Facility -Based Units, Permanent Housing Placement and Master Leased Units ONLY) Note: Reportingfor this section should include ONLY those individuals, beneficiaries, or households that recervea and/or resided in a household that received HOPWA Housing Subsidy Assistance as reported in Part 3, Chart 1, Row 7, Column b. (e.g., do not include households that received HOPWA supportive services ONLY). Section 1. HOPWA-Eligible Individuals Who Received HOPWA Housing Subsidy Assistance a. Total HOPWA Eligible Individuals Living with HIV/AIDS In Chart a., provide the total number of eligible (and unduplicated) low-income individuals living with HIVIAIDS who qualified their household to receive HOPWA housing subsidy assistance during the operating year. This total should include only the individual who qualified the household for HOPWA assistance, NOT all HIV positive individuals in the household. Individuals Served with Housing Subsidy Assistance Total Number of individuals with HIV/AIDS who qualified their household to receive HOPWA housing subsidy assistance. Chart b. Prior Living Situation In Chart b, report the prior living situations for all Eligible Individuals reported in Chart a. In Row 1, report the total number of individuals who continued to receive HOPWA housing subsidy assistance from the prior operating year into this operating year. In Rows 2 through 17, indicate the prior living arrangements for all new HOPWA housing subsidy assistance recipients during the operating year. Data Check: The total number of eligible individuals served in Row 18 equals the total number of individuals served throw h housing subsidv assistance r e orted in Chart a above. Category Total HOPWA Eligible Individuals Receiving Housing Subsidy Assistance 1. 1 Continuing to receive HOPWA support from the prior operating year New Individuals who received HOPWA Housing Sub idy Assistance support during Operating Year 2 Place not meant for human habitation such as a vehicle, abandoned building,bus/train/subway station/airport, or outside 3. Emergency shelter (including hotel, motel, or campground paid for with emergency shelter voucher) 4. Transitional housing for homeless persons S. Total number of new Eligible Individuals who receives) HOPWA Housing Subsidy Assistance with a Prior LiviuE Situation that meets HUD definition of homelessness Sum of Rows 2 —4 6 Permanent housing for formerly homeless persons (such as Shelter Plus Care, SHP, or SRO Mod Rehab) 7. Psychiatric hospital or other psychiatric facility 8. Substance abuse treatment facility or detox center 9. Hospital (non -psychiatric facility) 10. Poster care home or foster care group home 11. Jail, prison or juvenile detention facility 12. Rented room, apartment, or house 13. House you own 14. Staying or living in someone else's (family and friends) room, apartment, or house 15. Hotel or motel paid for without emergency shelter voucher 16. Other 17. Don't Know or Refused 18. TOTAL Number of HOPWA Eligible Individuals (sum of Rows I and 5-17) L/UUUJIIyI CIIVCIUYV IU. VUV I!l rro/L c. Homeless Individual Summary In Chart c, indicate the number of eligible individuals reported in Chart b, Row 5 as homeless who also are homeless Veterans and/or meet the definition for Chronically Homeless (See Definition section of CAPER). The totals in Chart c do not need to equal the total in Chart b, Row 5. Number of Number of Chronically Category Homeless Homeless Veteran(s) HOPWA eligible individuals served with HOPWA Housing Subsidy Assistance Section 2. Beneficiaries In Chart a, report the total number of HOPWA eligible individuals living with HIV/AIDS who received HOPWA housing subsidy assistance (as reported in Part 7A, Section 1, Chart a), and all associated members of their household who beneiitted from receiving HOPWA housing subsidy assistance (resided with HOPWA eligible individuals). Note: See definition ofHOPWA Eligible Individual Note: See definition of Pansgender. Note: See defnition of Beneficiarles. Data Check The suin of each of the Charts b & c on the fallowing two pages equals the total number of beneficiaries served with HOPWA housing subsidy assistance as determined in Chart a, Row 4 below. a. Total Number of Beneficiaries Served with HOPWA Housing Subsidy Assistance Individuals and Families Served with HOPWA Housing Subsidy Assistance Total Number 1. Number of individuals with HIV/AIDS who qualified the household to receive HOPWA housing subsidy assistance (equals the number of HOPWA Eligible Individuals reported in Part 7A, Section 1, Chart a 2. Number of ALL other persons diagnosed as HIV positive who reside with the HOPWA eligible individuals identified in Row 1 and who benefitted from the HOPWA housing subsidy assistance 3. Number of ALL other persons NOT diagnosed as HIV positive who reside with the HOPWA eligible individual identified in Row 1 and who benefited from the HOPWA housing subsidy 4. TOTAL number of ALL beneficiaries served with Housing Subsidy Assistance (Sum of Rows 1, 2, & 3) UUVU01 I I CI IVulupt; IU. UJU I ! U'iG-U.7J C-'F.7VM-OU U:l-JJMUJFI I rr01G b. Age and Gender In Chart b, indicate the Age and Gender of all beneficiaries as reported in Chart a directly above. Report the Age and Gender of all HOPWA Eligible Individuals (those reported in Chart a, Row 1) using Rows 1-5 below and the Age and Gender of all other beneficiaries (those reported in Chart a, Rows 2 and 3) using Rows 6-10 below. The number of individuals reported in Row 11, Column E. equals the total number of beneficiaries reported in Part 7, Section 2, Chart a, Row 4. HOPWA Eligible lndi►liiduals Chart a, Row 1 A. B. C. D. E. Male Female Trans ender M to F Trans ender F to M TOTAL (Sum of Columns A-D 1. Under 18 2. 18 to 30 years 3. 31 to 50 years 1 4. 51 years and Older ` I 5. Subtotal (Sum of Rows 1-4 All Other Beneficiaries (Cbark a, Rows 2 and 3 A. B. C. D. E. Male Female Trans ender M to F Trans ender F to M TOTAL (Sum of Columns A-D 6. Under 18 7. 18 to 30 years 8. 31 to 50 years 9. 51 years and Older 10. Subtotal (Sum of Rows 6-9 Total Beneficiaries Chart a, Row 4 11. TOTAL (Sum of Rows 5 & 10) UUL;U01 II CI IvC upt-, IU. L)ULJ I / U'iG-:77J C-4yUM-000:J-JJFI:JJM r rroI e c. Race and Ethnicity* In Chart c, indicate the Race and Ethnicity of all beneficiaries receiving HOPWA Housing Subsidy Assistance as reported in Section 2, Chart a, Row 4. Report the race of all HOPWA eligible individuals in Column [A]. Report the ethnicity of all HOPWA eligible individuals in column [B]. Report the race of all other individuals who benefitted from the HOPWA housing subsidy assistance in column [C]. Report the ethnicjjy of all other individuals who benefitted from the HOPWA housing subsidy assistance in column [D]. The summed total of columns [A] and [C] equals the total number of beneficiaries reported above in Section 2, Chart a, Row 4. HOPWA Eligible Individuals All Other Beneficiaries [A] Race lCl Race Category [all individuals [BJ Ethnicity [total of ID] Ethnicity reported in [Also identified as individuals [Also identified as Section 2, Chart a, Hispanic or reported in Hispanic or Row 1] Latinol Section 2, Chart a, Latinol Rows 2&31 1. American Indian/Alaskan Native 2. Asian 3. Black/African American 4. Native Hawaiian/Other Pacific Islander 5. White 6. American Indian/Alaskan Native & White 7. Asian & White 8. Black/African American & White 9 American Indian/Alaskan Native & Black/African American 10. Other Multi -Racial 11. Column Totals (Sum of Rows 1-10) Data Check. Surn of Row 11 Column A and Row 11 Column C equals the total number HOP WA Beneficiaries reported in Part 3A, Section 2, Chart a, Row 4. *Reference (data requested consistent with Form HUD-27061 Race and Ethnic Data Reporting Form) Section 3. Households Household Area Median Income Report the income(s) for all households served with HOPWA housing subsidy assistance. Data Check: The total number of households served with HOPWA housing subsidy assistance should equal Part 3C, Row 7, Column b and Part 7A, Section 1, Chart a. (Total HOPWA Eligible Individuals Served ivith HOPWA Housing Subsidy Assistance). Note: Refer to 171tls:Ilm,ii,ii'.hittlusei-.goUl artalldataselslil.htnit for information on area median income in your community Percentage of Area Median Income Households Served with HOPWA Housing Subsidy Assistance 1. 0-30% of area median income (extremely low) 2. 31-50% of area median income (very low) 3. 51-80% of area median income (low) 4. I Total (Sum of Rows 1-3) uuuuolly. 11 CI Ivulupv IU. UUU 1 ! U'FL-JyJ C-4yUH-OU U:J-JJH:JJH I rr0I L Part 7: Summary Overview of Grant Activities B. Facility -Based Housing Assistance Complete one Part 7B for each facility developed or supported through HOPWA funds. Do not complete this Section for prop rams originallydevelop ed with HOPWA funds but no Ionizer supp nrted with HOPWA funds. if a facility was developed with HOPWA funds (subject to ten years of operation for acquisition, new construction and substantial rehabilitation costs of stewardship units, or three years for non - substantial rehabilitation costs), but HOPWA funds are no longer used to support the facility, the project sponsor should complete Part 6: Continued Usage for HOPWA Facility -Based Stewardship Units (ONLY). Complete Charts 2a, Project Site Information, and 2b, Type of HOPWA Capital Development Project Units, for all Development Projects, including facilities that were past development projects, but continued to receive HOPWA operating dollars this reporting year. 1. Project Sponsor Agency Name Re uired 2. Capital Development 2a. Project Site Information for HOPWA Capital Development of Projects (For Current or Past Capital Development Projects that receive HOPWA Operating Costs this reporting year) lVnre- l{unit.a are Tratler,*d-sites. renort on them as a group and under tvne of Facilinl write "Scattered Sites. " HOPWA Name of Facility: Type of Funds Non-HOPWA funds Development Expended Expended this operating this operating (f i applicable) year year (if applicable) O New construction $ $ Type of Facility [Check only one box.] ❑ Permanent housing ❑ Short -tern Shelter or Transitional housing © Rehabilitation $ $ ! ❑ Supportive services only facility ❑ Acquisition $ $ ❑ Operating $ $ a. Purchasellease of property: Date (mm/dd/yy): b. Rehabilitation/Construction Dates: Date started: Date Completed: c. Operation dates: Date residents began to occupy: 0 Not yet occupied d. Date supportive services began: Date started: ❑ Not vet providing services e. Number of units in the facility: HOPWA-funded units = Total Units = f. Is a waiting list maintained for the facility? ❑ Yes 0 No If yes, number of participants on the list at tire end of operating year g. What is the address of the facility (if different from business address)? h Is the address of the project site confidential? ❑ Yes, Protect information; do not publish list ❑ No, can be made available to the public 2b. Number and Type of HOPWA Capital Development Project Units (For Current or Past Capital Development Projects that receive HOPWA Operating Costs this Reporting Year) UUUU01 I I CI Ivwupt1 IL/. UUU I ! I rrol e For units entered above in 2a. please list the number of HOPWA units that fulfill the following criteria: Number Designated Number Designated to Number Energy - Number 504 Accessible — for the Chronically Assist the Star Compliant Mobility Units Homeless Homeless -Sensory Units Rental units constructed (new) and/or acquired With or without rehab Rental units rehabbed Homeownership units constructed (if approved) 3. Units Assisted in Types of Housing Facility/Units Leased by Project Sponsor Charts 3a- 3b, and 4 are required for each facility. In Charts 3a and 3b, indicate the type and number of housing units in the facility, including master leased units, project -based or other scattered site units leased by the organization, categorized by the number of bedrooms per unit. Note. The number units may not equal the total number of households served Please complete separate charts for each housing facility assisted. Scattered site units may be grouped together. 3a. Check one only ❑ Permanent Supportive Housing Facility/Units ❑ Short-term Shelter or Transitional Supportive Housing Facility/Units 3b. Type of Facility Complete the following Chart for all facilities leased, master leased, project -based, or operated with HOPWA funds during the reporting year. Name of Project Sponsor/Agency Operating the Facility/Leased Units: Total Number of Units in use during the Operating Year Type of housing facility operated by the Cate orized by the Number of Bedrooms per Units SRO/Studio/0 project sponsor bdrm 1 bdrm 2 bdrm 3 bdrm 4 bdrm 5+bdrm a. Single room occupancy dwelling b. Community residence G. Project -based rental assistance units or leased units d Other housing facility S eci 4. Households and Housing Expenditures Enter the total number of households served and the amount of HOPWA funds expended by the project sponsor on subsidies for housing involving the use of facilities, master leased units, project based or other scattered site units leased by the organization. Housing Assistance Category: Facility Based Housing Output: Number of Households Output: Total HOPWA Funds Expended during Operating Year by Project Sponsor a Leasing Costs b Operating Costs e Project -Based Rental Assistance (PBRA) or other leased units d Otber Activity (if approved in grant agreement) Specify - Adjustment to eliminate duplication (subtract) E TOTAL Facility -Based Housing Assistance Sum Rows a through d minus Row e