HomeMy WebLinkAboutState of CA Dept Of General Srvcs Housing & Community Development Homekey 3 Program Revised Standard Agreement - 3-8-24
2600 Fresno Street, Third Floor Planning and Development Department
Fresno, California 93721-3604 Jennifer Clark, AICP, Director
(559) 621-8277 FAX (559) 498-1012
MEMORANDUM
DATE: March 6, 2024
TO: GEORGEANNE WHITE, City Manager
Office of the Mayor & City Manager
FROM: PHIL SKEI, Assistant Director
Planning & Development Department
SUBJECT: REQUEST FOR CITY MANAGER’S SIGNATURE ON THE REVISED
STANDARD AGREEMENT FOR THE HOMEKEY WELCOME HOME PROJECT
The purpose of this Memorandum is to request the City Manager sign the California Department
of Housing and Community Development (HCD) Homekey 3 Program Revised Standard
Agreement STD 213 issued under Agreement Number 23-HK-17983.
On October 19, 2023, City Council authorized acceptance of Homekey 3 Program Funding
from the State of California Housing and Community Development Department (HCD) in the
amount of $21,983,607 for the Welcome Home Project with Valley Teen Ranch, to be used for
eligible acquisition, pre-development, and construction costs. On that same date, Council
approved a Memorandum of Understanding with Valley Teen Ranch related to the Welcome
Home Project and the HCD Homekey 3 Program Funds.
On February 9, 2024, HCD sent the City the Homekey Standard Agreement for the Project,
which was subsequently circulated for signatures. On March 5, 2024, HCD sent the City a
Revised Homekey Standard Agreement, correcting a typographical error contained in the
original Agreement. The Revised Standard Agreement has been executed by Valley Teen
Ranch and the City Attorney’s Office.
Upon signature by the City Manager, staff will submit the executed Revised Standard
Agreement to HCD for final signatures. By submitting the executed Revised Standard
Agreement, the City will receive the Homekey 3 Award Funds in the amount of $21,983,607.
If you have any questions or require further information, please contact Jennifer Davis at
Jennifer.E.Davis@fresno.gov or 559-621-8010.
Attachment:
• HCD Revised Homekey Standard Agreement STD 213 23-HK-17983
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City of Fresno and Valley Teen Ranch
23-HK-17983
Page 1 of 10
EXHIBIT A
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
AUTHORITY, PURPOSE AND SCOPE OF WORK
1. Authority
California Assembly Bill No. 140 (Chapter 111, Statutes of 2021) (“AB 140”) added
sections 50675.1.3 and 50675.1.4 to the Multifamily Housing Program (“MHP”) (Chapter
6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety
Code). Health and Safety Code section 50675.1.3 provides the statutory basis for the
Homekey Program – Round 3 (“Homekey” or “Program”). Health and Safety Code
section 50675.1, subdivision (d) authorizes the Department of Housing and Community
Development (“Department” or “HCD”) to administer MHP.
The Department issued a Homekey Program Notice of Funding Availability, Round 3 on
March 29, 2023 (the “NOFA”). The NOFA incorporates by reference the MHP, as well
as the Multifamily Housing Program Final Guidelines, dated March 30, 2022 and
amended on May 5, 2022 (“MHP Guidelines”), both as amended and in effect from
time to time. The NOFA, further, incorporates by reference, the Uniform Multifamily
Regulations (UMRs) (Cal. Code Regs., tit. 25, § 8300 et seq.), effective November 15,
2017, and as subsequently amended, except to the extent that any UMR provision
would be inconsistent with the provisions of the NOFA. Homekey grant funds are
derived primarily from the state’s direct allocation of the federal Coronavirus State Fiscal
Recovery Fund (“CSFRF”), which was established by the American Rescue Plan Act of
2021 (“ARPA”) (Pub.L. No. 117-2). Homekey funds are also derived from the State of
California’s General Fund.
This STD 213, Standard Agreement (“Agreement”) is entered under the authority and
in furtherance of the Program. This Agreement is the result of an Application by the
Grantee, as defined below, for funding under the Program (the “Grant”). As such, this
Agreement shall be executed by the Grantee. Where the Grantee comprises a Public
Entity or Tribal Entity, as defined below, and one or more additional entities, all entities
shall execute the Agreement.
This Agreement hereby incorporates by reference the Application, as well as the project
report prepared by the Department in reliance on the representations and descriptions
included in that Application. This Agreement is governed by the following (collectively,
the “Program Requirements”), and each of the following, as amended and in effect
from time to time, is incorporated hereto as if set forth in full herein:
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EXHIBIT A
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
A. AB 140;
B. The above-referenced MHP statutory scheme;
C. The NOFA;
D. The MHP Guidelines;
E. The UMRs;
F. ARPA and related federal guidance;
G. The award letter issued by the Department to the Grantee; and
H. All other applicable law.
2. Purpose
The Homekey Program is intended to provide housing for individuals and families who
are homeless or who are at risk of homelessness, as defined in Part 578.3 of Title 24 of
the Code of Federal Regulations, and who are inherently impacted by or at increased
risk for medical diseases or conditions due to the COVID-19 pandemic or other
communicable diseases (“Target Population”).
Grantee applied to the Department for the Grant in order to conduct one or more of the
activities outlined in Paragraph 4 below. By entering into this Agreement and thereby
accepting the award of Program Grant funds, the Grantee agrees to comply with the
Program Requirements and the terms and conditions of this Agreement.
3. Definitions
Any capitalized terms that are not defined below shall have the definitions set forth in
the NOFA, the MHP statutes, and the MHP Guidelines. In the event of any conflict, the
definitions in this Agreement and the NOFA are controlling.
A. “Affordability Covenant” means the legally binding instrument which (i) is
recorded in first position against Project real property in consideration for the
Homekey Program award to the Grantee; (ii) imposes use, operation,
occupancy, and affordability restrictions on the real property and improvements;
and (iii) incorporates the Homekey Program Requirements by reference. Upon
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EXHIBIT A
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
its execution, the Affordability Covenant shall be binding, effective, and
enforceable against all successors, transferees, and assignees, in accordance
with Section 208 of the NOFA, after a certificate of occupancy or its equivalent
has been issued for the Project, or if no such certificate is issued, from the date
of initial occupancy of the Project. Interim Housing Projects, Permanent Housing
Projects, and Permanent Housing Projects on tribal trust land shall be
encumbered with 30-year, 55-year, and 50-year Affordability Covenants,
respectively.
B. “AMI” means Area Median Income.
C. “Application” means the application for Grant funds that was submitted in
response to the Department’s NOFA.
D. “Assistance Listing Number” (ALN) formerly known as the Catalog of Federal
Domestic Assistance (CFDA) Number, is a five-digit number assigned in the
awarding document for all federal assistance award mechanisms.
E. “Assisted Unit” means a Homekey-funded residential dwelling unit that is
subject to rent, income, occupancy, and other restrictions in accordance with
Program Requirements. See also “Youth Assisted Unit.”
F. “Chronically Homeless” is defined in accordance with Part 578.3 of Title 24 of
the Code of Federal Regulations.
G. “Co-Applicant” means the nonprofit corporation, for-profit corporation, limited
liability company, and/or limited partnership that applied for an award of
Homekey Grant funds with the Eligible Applicant (i.e., a Public Entity or Tribal
Entity).
H. “Date of Award” means the date on the award letter issued from the
Department to the Grantee.
I. “Designated Payee” means the Co-Grantee that will serve as the payee of the
Program Grant funds. If applicable, the Designated Payee is identified at Exhibit
E of this Agreement.
J. “Eligible Applicant” means the Public Entity or Tribal Entity that applied for an
award of Homekey Grant funds.
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EXHIBIT A
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
K. “Eligible Uses” means the activities that may be funded by the Homekey
Program Grant. Those activities are listed at Paragraph 4 below of this
Agreement, and at Health and Safety Code section 50675.1.3, subdivision (a).
L. “Expenditure Deadline for Capital Funds” means the date by which the capital
expenditure award must be fully expended. This deadline is eight (8) months
from the Date of Award. or up to 15 months from the Date of Award if an
expenditure deadline extension has been requested and approved by the
Department.
M. “Expenditure Deadline for Operating Funds” means the date by which the
operating subsidy award must be fully expended. This deadline is June 30, 2026.
N. “Grantee or Subrecipient” means the Eligible Applicant (and, if applicable, the
Co-Applicant) that has been awarded funds under the Program, and that will be
held responsible for compliance with and performance of all Program
Requirements. The Grantee may comprise one or more entities, so long as the
Grantee structure includes an “Eligible Applicant,” as defined in the NOFA and as
set forth above. “Grantee” refers, both individually and collectively, to the Co-
Applicant and/or the Eligible Applicant that received a Homekey Grant after
submitting an Application or a joint Application to the Department. When the
Grantee comprises two or more entities, each entity may be referred to as a “Co-
Grantee.” On the STD 213 portion of this Agreement, the Grantee is identified as
the Contractor.
O. “Homeless Youth” means a child, a youth, or a current or former foster youth
through the age of 25 who qualifies as “homeless” under any of the relevant
definitions set forth or identified at Part 578.3 of Title 24 of the Code of Federal
Regulations.
P. “Homeless Youth Project” means a Project that was prioritized to receive set-
aside Homekey funds because (i) at least 25 percent of its Assisted Units will be
restricted to Homeless Youth or Youth at Risk of Homelessness; (ii) the Grantee
jointly applied and/or partnered with a nonprofit corporation with experience
serving the foregoing subpopulation; and (iii) the Project will provide Supportive
Services for Youth Assisted Units using a Positive Youth Development (PYD)
model and trauma-informed care. Such Project may also have been prioritized
because it is located within a one-mile radius of youth-centered amenities, such
as community colleges, universities, trade schools, apprenticeship programs,
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EXHIBIT A
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
employment programs, childcare centers for parenting youth, and community
centers for youth.
Q. “Interim Housing” means any facility whose primary purpose is to provide a
temporary shelter for the Target Population and which does not require
occupants to sign leases or occupancy agreements.
R. “Local Public Entity” is defined at Health and Safety Code section 50079, and
means any county, city, city and county, the duly constituted governing body of
an Indian reservation or rancheria, tribally designated housing entity as defined in
Section 4103 of Title 25 of the United States Code and Section 50104.6.5,
redevelopment agency organized pursuant to Part 1 (commencing with Section
33000) of Division 24, or housing authority organized pursuant to Part 2
(commencing with Section 34200) of Division 24, and also includes any state
agency, public district, or other political subdivision of the state, and any
instrumentality thereof, that is authorized to engage in or assist in the
development or operation of housing for persons and families of low or moderate
income. In addition, and in accord with this Health and Safety Code definition, the
term “Local Public Entity” also includes two or more local public entities acting
jointly.
S. “Performance Milestones” means the indicators and metrics of progress and
performance that are identified as such at Exhibit E of this Agreement. Grantee’s
failure to satisfy any one of the Performance Milestones will constitute a breach
of this Agreement and will entitle the Department to exercise any and all
available remedies, including the recapture of disbursed Grant funds and the
cancellation of this Agreement.
T. “Permanent Housing” means housing, dwellings, or other living
accommodations where the landlord does not limit the tenant’s length of tenancy,
the landlord does not restrict the tenant’s movements, and the tenant has a lease
and is subject to the rights and responsibilities of tenancy.
U. “Program Requirements” means the legal authority and Program materials
listed at Paragraph 1.A – H, above.
V. “Project” means a structure or set of structures with common financing,
ownership, and management, which provides Permanent Housing or Interim
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EXHIBIT A
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
Housing for the Target Population, and which is subject to an appropriate
Affordability Covenant in accordance with Section 208 of the NOFA.
W. “Public Entity” is defined in accordance with Health and Safety Code section
50675.1.3, subdivision (a), and means a city, a county, a city and county, and
any other state entity, regional entity, or Local Public Entity, including any council
of government, metropolitan planning organization, and regional transportation
planning agency designated in Section 29532.1 of the Government Code. For
purposes of this Agreement, a “Local Public Entity” is defined in accordance
with Health and Safety Code section 50079 and as set forth above.
X. “Scope of Work” or “Work” means the work to be performed by the Grantee to
accomplish the Program purpose.
Y. “Supportive Services” means social, health, educational, income support,
employment, and housing stability services and benefits; coordination of
community building and educational activities; individualized needs assessment
and case management; and individualized assistance with obtaining services and
benefits.
Z. “Target Population” means individuals and families who are “homeless” or “at
risk of homelessness,” as those terms are defined in Part 578.3 of Title 24 of the
Code of Federal Regulations, and who are inherently impacted by or at increased
risk for medical diseases or conditions due to the COVID-19 pandemic or other
communicable diseases. The Target Population also includes Homeless Youth or
Youth at Risk of homelessness. For Grantees utilizing HOME-ARP funding as
match, the “Target Population” also includes individuals and families who are
“Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual
Assault, Stalking, or Human Trafficking” and “Other Populations” as defined in
HUD Community Planning and Development (CPD) Notice 21-10.
AA. “TCAC” means the California Tax Credit Allocation Committee.
BB. “Tribal Entity” means an entity that meets any of the following criteria:
1) Meets the definition of Indian tribe under section 4103(13)(B) of title 25 of
the United States Code;
2) Meets the definition of Tribally Designated Housing Entity under section
4103(22) of title 25 of the United States Code;
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EXHIBIT A
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
3) Is not a federally recognized tribe, but is either:
a) Listed in the petitioner list of the Office of Federal Acknowledgment
(OFA) within the Office of the Assistant Secretary – Indian Affairs of
the Department of the Interior pursuant to Part 82.1 of Title 25 of the
Code of Federal Regulations; or
b) Is an Indian tribe located in the State of California and identified on
the contact list maintained by the Native American Heritage
Commission for the purpose of consultation pursuant to Government
Code section 65352.3.
CC. “Unique Entity ID” (UEI) is a 12-character alphanumeric ID assigned to an entity
by www.Sam.gov.
DD. “Youth Assisted Unit” means an Assisted Unit serving Homeless Youth or
Youth at Risk of Homelessness. See also “Assisted Unit.”
EE. “Youth at Risk of Homelessness” means a child, a youth, or a current or
former foster youth through the age of 25 who qualifies as “at risk of
homelessness” or “homeless” under any of the relevant definitions set forth or
identified at Part 578.3 of Title 24 of the Code of Federal Regulations.
4. Eligible Uses
Grantee shall apply the Program Grant funds to one or more of the following uses. All
costs in connection with such Eligible Uses must be incurred on or after March 3, 2021,
by the Expenditure Deadline for Capital Funds, and by the Expenditure Deadline for
Operating Funds, respectively and as applicable. Grantee’s use of the funds and scope
of work (“Scope of Work” or “Work”) are specified at Exhibit E of this Agreement.
A. Acquisition or rehabilitation, or acquisition and rehabilitation, of motels, hotels,
hostels, or other sites and assets, including apartments or homes, adult
residential facilities, residential care facilities for the elderly, manufactured
housing, commercial properties, and other buildings with existing uses that could
be converted to permanent or interim housing.
B. Master leasing of properties for non-congregate housing.
C. Conversion of units from nonresidential to residential.
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EXHIBIT A
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
D. New construction of dwelling units.
E. The purchase of affordability covenants and restrictions for units.
F. Relocation costs for individuals who are being displaced as a result of the
Homekey Project.
G. Capitalized operating subsidies for units purchased, converted, or altered with
Homekey Grant funds provided pursuant to Health and Safety Code section
50675.1.3.
5. Rent Standards
A. Permanent Housing. Rent limits for initial occupancy, and for each subsequent
occupancy, of an Assisted Unit shall not exceed 30 percent of that Assisted
Unit’s designated income-eligibility level.
B. Interim Housing. No rent shall be charged to the Target Population residents of
Interim Housing.
6. Program Deadlines
A. Acquisition, rehabilitation, and/or construction shall be completed within 12
months of the Date of Award.
B. Grantee shall expend any capital expenditure award by the Expenditure Deadline
for Capital Funds.
C. The Homekey-funded portion of the operating award must be disbursed by the
Department by June 30, 2025. Grantee shall expend any Homekey-funded
operating subsidy award by the Expenditure Deadline for Operating Funds.
D. Full occupancy shall be achieved within 15 months of the Date of Award.
7. Performance Milestones
A. Grantee shall complete each of the Performance Milestones set forth at Exhibit E
of this Agreement by the date designated for such completion therein (each, a
“Milestone Completion Date”). The Performance Milestones shall include, but
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EXHIBIT A
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
not be limited to, any applicable Expenditure Deadline for Capital Funds,
Expenditure Deadline for Operating Funds, or occupancy deadline.
B. The Department may, in its sole and absolute discretion, approve an extension of
the acquisition, rehabilitation, construction, and/or occupancy deadlines if the
Grantee demonstrates, to the Department’s satisfaction, that the relevant delay is
caused by reasonably unforeseeable events, conditions, or circumstances.
C. In no event will the Department approve an extension request in the absence of
Grantee’s demonstration of good cause for said extension, along with Grantee’s
reasonable assurances that the extension will not result in Grantee’s failure to
meet other Performance Milestones or any Expenditure Deadline under this
Agreement. Construction labor shortages and supply chain issues do not
constitute reasonably unforeseeable events, conditions, or circumstances for
purposes of an extension request.
D. The Department will not grant extensions of the Expenditure Deadline for
Operating Funds.
8. Reporting Requirements
A. Grantee shall submit an annual Homekey Program and Expenditure Report, and
comply with all additional reporting requirements, as set forth and specified at
Section 601 of the NOFA, all in accordance with the Milestone Completion
Date(s) set forth at Exhibit E of this Agreement.
B. After satisfaction of each Performance Milestone, the Grantee shall promptly
report its progress, in writing, to the Department.
C. Upon the Department’s request and as specified, the Grantee shall provide
progress reports in connection with the development plan and any updates to the
timeline for completion of the Project. The development plan should include the
Project’s completion milestones and any updates or substantial changes.
D. In addition, the Grantee shall submit to the Department such periodic reports,
updates, and information as deemed necessary by the Department to monitor
compliance and/or perform Program evaluation. Any requested data or
information shall be submitted in electronic format on a form provided by the
Department.
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EXHIBIT A
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
9. Department Contract Coordinator
The Department’s Contract Coordinator for this Agreement is the Deputy Director of the
Division of State Financial Assistance, or the Deputy Director’s designee. Unless
otherwise informed, Grantee shall mail any notice, report, or other communication
required under this Agreement by First-Class Mail to the Department Contract
Coordinator at the following address or email to Homekey3SGM@hcd.ca.gov:
California Department of Housing and Community Development
Attention: Homekey Program – Round 3 (Homekey)
State Grant Management Section
2020 West El Camino Avenue, Suite 400, 95833
P. O. Box 952050
Sacramento, CA 94252-2050
10. Grantee Contract Coordinator
The Grantee Contract Coordinator for this Agreement may coordinate with the State
Grant Management Section Manager for the Homekey Program. Unless otherwise
informed, the Department shall mail any notice, report, or other communication required
under this Agreement by First-Class Mail, or through a commercial courier, to the
Grantee Contract Coordinator at the address specified at Exhibit E of this Agreement.
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EXHIBIT B
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Budget Detail
Grantee has been awarded the Grant amount set forth in this Agreement.
2. Conditions of Disbursement
The Department will disburse the full amount of the Grant award to the Grantee after
this Agreement has been fully executed and after the Department receives the
Grantee’s request for funds, with all required supporting documents appended thereto.
The Grantee shall append the following supporting documents to the request for funds,
all in form and substance acceptable to the Department:
A. Payee Data Record (STD 204) or Government Agency Taxpayer ID Form, as applicable; B. An authorizing resolution or set of authorizing resolutions that, in the Department’s reasonable determination, materially comports with the Program Requirements (if the Grantee has not already submitted same);
C. Documentary evidence of any eligible costs incurred on or after March 3, 2021
and before the execution of this Agreement;
D. Certification of compliance with California’s prevailing wage law, as well as all
applicable federal prevailing wage law;
E. A copy of the Department-approved relocation plan for the Project, or a copy of a
Department-issued Certification Regarding Non-Application of Relocation
Benefits and Indemnification Agreement which has been duly executed by the
Grantee and approved by the Department;
F. Evidence of the insurance coverages required under the Program and/or a
written acknowledgment of self-insured status;
G. Documentary evidence of capacity to provide operating funds for the Project for
at least five (5) years;
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Page 2 of 3
EXHIBIT B
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
H. A current title report (dated within 15 days of the request for funds); or for tribal
trust land, a title status report (“TSR”) or an attorney’s opinion regarding chain of
title and current title status;
I. A Draft Covenant or Regulatory Agreement must be submitted to the Department
for review and approval;
J. Any forms, certifications, or documentation required pursuant to Paragraph 1.F–
Additional Conditions Precedent to Disbursement of Exhibit E of this Agreement;
and
K. Any other forms, certifications, or documentation deemed necessary by the
Department prior to disbursement of Grant funds.
3. Performance
A. After disbursement of the funds, the Grantee shall meet each Performance
Milestone set forth at Exhibit E by the relevant Milestone Completion Date. After
satisfaction of each Performance Milestone, the Grantee shall promptly report its
progress, in writing, to the Department. Grantee may apply to the Department for
an extension of a Milestone Completion Date as allowed by the NOFA and this
Agreement.
B. FAILURE TO SATISFY ANY ONE OF THE PERFORMANCE MILESTONES
WILL CONSTITUTE A BREACH OF THIS AGREEMENT AND ENTITLES THE
DEPARTMENT TO MANDATE THE GRANTEE TO RETURN TO THE
DEPARTMENT ANY FUNDS DISBURSED; IN ANY SUCH INSTANCE, THE
DEPARMENT MAY ALSO CANCEL THIS AGREEMENT WITHOUT OWING
ANY DAMAGES OR OTHER PAYMENT TO GRANTEE.
4. Fiscal Administration
A. Grantee shall either deposit the Grant funds with an escrow company licensed to
do business in the State of California and in good standing or deposit the Grant
funds in an interest-bearing checking or savings account that is insured by the
Federal Deposit Insurance Corporation (“FDIC”). All interest earned from the
deposit of Grant funds shall be used for eligible Program activities.
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City of Fresno and Valley Teen Ranch
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Page 3 of 3
EXHIBIT B
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
B. Any capital expenditure award funds that have not been expended by the
Expenditure Deadline for Capital Funds must be returned to the Department with
accrued interest. Any operating subsidy award funds that have not been
expended by the Expenditure Deadline for Operating Funds must be returned to
the Department with accrued interest. Checks shall be made payable to the
Department of Housing and Community Development and shall be mailed to the
Department at the address below, no later than thirty (30) calendar days after the
applicable Expenditure Deadline.
Department of Housing and Community Development
Accounting Division, Suite 300
2020 W. El Camino Avenue
Sacramento, California 95833
5. Duplication of Benefit
Homekey funding is not required to be used as funding of last resort. However, Grantee
may not use Homekey funding to cover expenditures that have already been funded
through other sources. Expenses that have been or will be reimbursed under any
federal program are not eligible uses of Homekey funding.
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City of Fresno and Valley Teen Ranch 23-HK-17983 Page 1 of 23
EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
HOMEKEY GENERAL TERMS AND CONDITIONS
Federal Grant Identification
$435 million of grant funds are derived from U.S. Department of the Treasury FAIN
SLFRP3211 (Coronavirus State and Local Fiscal Recovery Fund (CSFRF) established by
the Federal American Rescue Plan Act of 2021 (ARPA) (Public Law 11702). CFDA #
21.027 dated 06/04/2021 and $301 million from State General Fund.
1. Effective Date, Term of Agreement, Timing, and Deadlines
A. This Agreement, when fully executed by the Department and the Grantee, is
effective upon the date of the Department representative’s signature on the
STD 213, Standard Agreement (such date, the “Effective Date").
B. This Agreement shall terminate fifteen (15) years after the Effective Date, as
stated in Section 2 of the STD 213, Standard Agreement (such date, the
“Expiration Date”).
C. Grantee will receive the disbursement of Program funds after satisfying all
conditions precedent to such disbursement, as set forth under Paragraph 2 of
Exhibit B and, as necessary and applicable, under Paragraph 1.F – Additional
Conditions Precedent to Disbursement of Exhibit E.
D. Any expenses incurred prior to March 3, 2021, after the Expenditure Deadline for
Capital Funds, or after the Expenditure Deadline for Operating Funds,
respectively and as applicable, are not eligible for payment under the Program,
unless an alternate arrangement is legally permissible and has been approved by
the Department in advance and in writing.
E. Grant funds that have not been expended by the applicable Expenditure
Deadlines shall revert to the Department in the absence of an alternate
arrangement that has been approved by the Department in advance and in
writing.
2. Termination for Cause
The Department may terminate this Agreement for cause at any time by giving at least
fourteen (14) calendar days’ advance written notice to the Grantee. Upon such
termination, Grantee shall return any unexpended funds to the Department within thirty
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City of Fresno and Valley Teen Ranch 23-HK-17983 Page 2 of 23
EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
(30) calendar days of the date on the Department’s written notice of termination, unless
the Department has approved an alternate arrangement in advance and in writing, as
provided below. Such termination will not limit any other remedies that may be available
to the Department under this Agreement, at law, or in equity. Cause shall consist of
Grantee’s breach of, or failure to satisfy, any of the terms or conditions of this
Agreement. Cause includes but is not limited to the following:
A. Grantee’s failure to satisfy the conditions precedent to disbursement or to expend
Program Grant funds, as specified.
B. Grantee’s failure to timely satisfy each or any of the conditions set forth in these
Homekey General Terms and Conditions, the Project-Specific Provisions and
Special Terms and Conditions set forth at Exhibit E of this Agreement (including
any one of the Performance Milestones), or the award letter.
C. Grantee’s violation of any of the Program Requirements.
D. The Department’s determination of the following:
1) Any material fact or representation, made or furnished to the Department
by the Grantee in connection with the Application or the award letter, shall
have been untrue or misleading at the time that such fact or
representation was made known to the Department, or subsequently
becomes untrue or misleading; or
2) Grantee has concealed any material fact from the Department related to
the Application or the Project.
E. The Department’s determination that the objectives and requirements of the
Homekey Program cannot be met in accordance with applicable timeframes, as
memorialized by this Agreement.
In the event of this or any other breach, violation, or default by the Grantee, the
Department may give written notice to the Grantee to cure the breach, violation, or
default. If the breach, violation, or default is not cured to the Department’s satisfaction
within a reasonable time, as determined by the Department in its sole and absolute
discretion, then the Department may declare a default under this Agreement and seek
any and all remedies that are available under this Agreement, at law, or in equity.
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City of Fresno and Valley Teen Ranch 23-HK-17983 Page 3 of 23
EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
3. Cancellation
A. It is mutually understood between the parties that this Agreement may have been
written for the mutual benefit of both parties before ascertaining the availability of
congressional appropriation of funds to avoid program and fiscal delays that
would occur if this Agreement were executed after that determination was made.
B. This Agreement is valid and enforceable only if sufficient funds are made
available to the State of California by the United States Government for fiscal
years 2021-2022 through 2025-2026 for CSFRF purposes. In addition, this
Agreement is subject to any additional restrictions, limitations, or conditions
enacted by the Congress or to any statute enacted by the Congress that may
affect the provisions, terms, or funding of this Agreement in any manner.
C. The parties mutually agree that if the Congress does not appropriate sufficient
funds for the CSFRF, this Agreement shall be amended to reflect any
subsequent reduction in CSFRF funds.
D. The Department may cancel this Agreement, in whole or in part, if (i) sufficient
funds are not made available by the United States Government; (ii) Congress
enacts any restrictions, limitations, or conditions that impact this Agreement or
the funding of this Agreement; or (iii) cancellation is otherwise permitted under
state contracting law.
E. To cancel this Agreement pursuant to this paragraph, the Department shall give
thirty (30) calendar days’ advance written notice to the Grantee. The Grantee
shall return any unexpended portion of its Grant award to the Department within
thirty (30) calendar days from the date on the Department’s written notice of
cancellation, unless (i) the parties have agreed upon an alternate arrangement in
advance and in writing; or (ii) an alternate arrangement is necessary for one or
both parties to remain in compliance with ARPA or other applicable law.
4. Eligible Activities
Grant funds awarded to the Grantee shall be applied to the eligible uses set forth at
Exhibit A and described in greater detail at Exhibit E. Payment for any cost which is not
authorized by this Agreement or which cannot be adequately documented shall be
disallowed and must be reimbursed to the Department or its designee.
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City of Fresno and Valley Teen Ranch 23-HK-17983 Page 4 of 23
EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
5. Performance Milestones
Grantee shall timely satisfy and complete all Performance Milestones, as identified at
Exhibit E of this Agreement.
6. Article XXXIV
Per Health and Safety Code section 37001, subdivision (h)(5), article XXXIV, section 1
of the California Constitution (“Article XXXIV”) is not applicable to Homekey-funded
acquisition, rehabilitation, reconstruction, alterations work, new construction, or any
combination thereof, of lodging facilities or dwelling units.
7. Appraisals
Grantee shall, at the request of the Department, provide an appraisal of any real
property or any interest in real property that is acquired with the Grant funds. Any such
appraisal shall be prepared in a form, and by a qualified appraiser, acceptable to the
Department.
8. Byrd Anti-Lobbying Amendment
(31 U.S.C. 1352) Grantees, Subrecipients, Co-Applicants, Contractors that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier certifies
to the tier above that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal
award.
9. Anti-Kickback Act of 1986
Grantee shall ensure that all contracts comply with the Anti-Kickback Act of 1986 (41
U.S.C. §§ 5158) that prohibits attempted as well as completed "kickbacks," which
include any money, fees, commission, credit, gift, gratuity, thing of value, or
compensation of any kind.
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EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
10. Rights to Inventions Made Under a Contract or Agreement
If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2
(a) and the recipient or subrecipient wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties, assignment
or performance of experimental, developmental, or research work under that “funding
agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR
Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business
Firms Under Government Grants, Contracts and Cooperative Agreements,” and any
implementing regulations issued by the awarding agency.
11. Contracting and Labor Standards
A. Davis Bacon Act codified at 40 U.S.C. 3141, et seq. (as amended)
Where funds provided through this Agreement are used for construction work or
in support of construction work, the Grantee shall also ensure that the federal
requirements of the Davis Bacon Act codified at 40 U.S.C. 3141, et seq. (as
amended), pertaining to federal labor standards and compliance, are met and
documented. Grantee recognizes that multiple labor standards (both state
prevailing wage and federal Davis-Bacon Act) may apply to the project and both
standards must be satisfied.
B. Contract Work Hours and Safety Standards Act of 1962 (40 U.S.C. 3701–
3708)
Where applicable, all contracts awarded by the non-Federal entity in excess of
$100,000 that involve the employment of mechanics or laborers must include a
provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the
Act, each contractor must be required to compute the wages of every mechanic
and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated
at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40 U.S.C.
3704 are applicable to construction work and provide that no laborer or mechanic
must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
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City of Fresno and Valley Teen Ranch 23-HK-17983 Page 6 of 23
EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
C. For the purposes of this requirement "construction work" includes, but is not
limited to, rehabilitation, alteration, demolition, installation or repair done under
contract and paid for, in whole or in part, through this Agreement. All
construction work shall be done through the use of a written contract with a
properly licensed building contractor incorporating these requirements (the
"construction contract"). Where the construction contract will be between the
Grantee and a licensed building contractor, the Grantee shall serve as the
"awarding body" as that term is defined in the California Labor Code. Where the
Grantee will provide funds to a third party that will enter into the construction
contract with a licensed building contractor, the third party shall serve as the
"awarding body." Prior to any disbursement of funds, including but not limited to
release of any final retention payment, the Department may require a certification
from the awarding body that prevailing wages have been or will be paid.
D. The applicable wage rate determination on construction work will be the more
restrictive of the rate prescribed in the California Labor Code Sections 1770-
1784, or the Davis-Bacon Wage Determination.
E. Grantee shall maintain documentation that demonstrates compliance with hour
and wage requirements of this part. Such documentation shall be made
available to the Department for review upon request.
F. Where funds provided through this Agreement are used for construction work, or
in support of construction work, the Grantee shall ensure that the requirements of
California Labor Code, Chapter 1, commencing with Section 1720, Part 7
[California Labor Code Sections 1720-1743] (pertaining to the payment of
prevailing wages and administered by the California Department of Industrial
Relations) are met.
12. Domestic Preferences for Procurement 2 CFR Part 184 § 70915
A. As appropriate and to the extent consistent with law, the non-Federal entity
should, to the greatest extent practicable under a Federal award, provide a
preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). The requirements of this section
must be included in all subawards including all contracts and purchase orders for
work or products under this award.
B. For purposes of this section:
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EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
1) “Produced in the United States” means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States.
2) “Manufactured products” means items and construction materials
composed in whole or in part of non-ferrous metals such as aluminum;
plastics and polymer-based products such as polyvinyl chloride pipe;
aggregates such as concrete; glass, including optical fiber; and lumber.
13. Prohibition of Certain Telecommunications and Video Surveillance Services or
Equipment 2 CFR 200.216
Recipients and subrecipients are prohibited from obligating or expending loan or grant
funds to:
A. Procure or obtain;
B. Extend or renew a contract to procure or obtain; or
C. Enter into a contract (or extend or renew a contract) to procure or obtain
equipment, services, or systems that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or
as critical technology as part of any system. As described in Public Law 115–
232, section 889, covered telecommunications equipment is telecommunications
equipment produced by Huawei Technologies Company or ZTE Corporation (or
any subsidiary or affiliate of such entities).
1) For the purpose of public safety, security of government facilities, physical
security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment
produced by Hytera Communications Corporation, Hangzhou Hikvision
Digital Technology Company, or Dahua Technology Company (or any
subsidiary or affiliate of such entities).
2) Telecommunications or video surveillance services provided by such
entities or using such equipment.
3) Telecommunications or video surveillance equipment or services
produced or provided by an entity that the Secretary of Defense, in
consultation with the Director of the National Intelligence or the Director of
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City of Fresno and Valley Teen Ranch 23-HK-17983 Page 8 of 23
EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
the Federal Bureau of Investigation, reasonably believes to be an entity
owned or controlled by, or otherwise connected to, the government of a
covered foreign country.
D. In implementing the prohibition under Public Law 115–232, section 889,
subsection (f), paragraph (1), heads of executive agencies administering loan,
grant, or subsidy programs shall prioritize available funding and technical support
to assist affected businesses, institutions and organizations as is reasonably
necessary for those affected entities to transition from covered communications
equipment and services, to procure replacement equipment and services, and to
ensure that communications service to users and customers is sustained.
E. See also Public Law 115–232, section 889 for additional information.
F. See also § 200.471.
14. Environmental Compliance
Grantee shall provide a Phase I Environmental Site Assessment (“ESA”) for the Project,
in conformance with ASTM Standard Practice E 1527, evaluating whether the Project is
affected by any recognized environmental conditions. If the Phase I ESA discloses
evidence of recognized environmental conditions and Grantee desires to proceed with
the Project, the Grantee shall provide the Department with a Phase II report and any
additional reports as required by the Department and in a form acceptable to the
Department. Any remediation work shall be subject to Department approval. Grantee
shall also provide an asbestos assessment and a lead-based paint report for the
Department’s approval if the Project involves rehabilitation or demolition of existing
improvements.
A. Grantee shall comply with the Federal Water Pollution Control Act, as amended,
33 U.S.C. § 1251, et seq., as amended, and 33 U.S.C. § 1318 relating to
inspection, monitoring, entry, reports, and information, and all regulations and
guidelines issued thereunder.
B. Grantee shall comply with the requirements of the Clean Air Act (42 U.S.C.
7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251–
1387), as amended—Contracts and subgrants of amounts in excess of $150,000
must contain a provision that requires the non-Federal award to agree to comply
with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as
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City of Fresno and Valley Teen Ranch 23-HK-17983 Page 9 of 23
EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
amended (33 U.S.C. 1251–1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
C. Grantee shall comply with Environmental Protection Agency (EPA) regulations
pursuant to 40 CFR Part 50 regarding air quality protections, as amended.
D. Grantee shall comply with the requirements of the Flood Disaster Protection Act
of 1973 (42 U.S.C. §4001). Grantee shall assure that for activities located in an
area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, that flood insurance under the National Flood
Insurance Program is obtained and maintained as a condition of financial
assistance for acquisition or construction purposes (including rehabilitation).
E. Grantee shall comply with the requirements of the Residential Lead-Based Paint
Hazard Reduction Act of 1992 and Section 401(b) of the Lead-Based Paint
Poisoning Prevention Act of 1971. Grantee agrees that any construction or
rehabilitation of residential structures with assistance provided under this
Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR
§570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all
Homekey-assisted housing and require that all owners, prospective owners, and
tenants of properties constructed prior to 1978 be properly notified that such
properties may include lead-based paint. Such notification shall point out the
hazards of lead-based paint and explain the symptoms, treatment and
precautions that should be taken when dealing with lead-based paint poisoning
and the advisability and availability of blood lead level screening for children
under seven. The notice should also point out that if lead-based paint is found on
the property, abatement measures may be required.
F. 2 CFR Part 200.323 Procurement of recovered materials. A non-Federal entity
that is a state agency or agency of a political subdivision of a state and its
contractors must comply with section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding
fiscal year exceeded $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an
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City of Fresno and Valley Teen Ranch 23-HK-17983 Page 10 of 23
EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines. See § 200.323.
G. Grantee shall comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), the
Archaeological and Historical Preservation Act of 1974 (Public Law 93-291), and
the procedures set forth in 36 CFR Part 800, Advisory Council on Historic
Preservation Procedures for Protection of Historic Properties, insofar as they
apply to the performance of this agreement. Grantee shall also comply with
federal Executive Order 11593 on the protection and enhancement of the cultural
environment. In general, this requires concurrence from the State Historic
Preservation Officer for all rehabilitation and demolition of historic properties that
are fifty years old or older or that are included on a federal, state, or local historic
property list.
H. Grantee shall comply with all National Environmental Protection Act (NEPA)
requirements as applicable to the performance of this Agreement as found in 24
CFR Part 50, 24 CFR Part 58, as applicable, and 40 CFR Parts 1500 – 1508.
The CARES Act provides that funds may be used to cover or reimburse
allowable costs of eligible activities to prevent, prepare for, and respond to
coronavirus incurred by a Grantee after January 21, 2020. However, Grantee
shall not execute this Agreement nor receive reimbursement for pre-agreement
eligible activity costs until they have successfully documented compliance with
the applicable NEPA requirements, including public noticing and publishing.
I. This Agreement does not constitute a commitment of funds or site approval, and
the commitment of funds or approval may occur only upon satisfactory
completion of environmental review and receipt by the Grantee of an approval of
the request for release of funds and certification from the Department under 24
CFR Part 50, 24 CFR Part 58, and 40 CFR 1500 - 1508. The provision of any
funds to the project is conditioned on the Grantee’s determination to proceed
with, modify or cancel the project based on the results of the environmental
review. The Grantee will not receive appropriate notice to proceed until they have
successfully documented compliance with the applicable NEPA requirements,
including public noticing and publishing.
15. Insurance
A. Grantee shall obtain the insurance coverages identified in the NOFA. Grantee
shall maintain such insurance coverages for either the term of this Agreement or
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City of Fresno and Valley Teen Ranch 23-HK-17983 Page 11 of 23
EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
the term of any required restrictive covenant or regulatory agreement, whichever
applicable term is longer. Grantee shall name the State of California and the
Department, as well as their respective appointees, officers, agents, and
employees, as additional insureds on all such policies. Such policies shall
provide for notice to the Department in the event of any lapse of coverage or
insurance claim thereunder. Prior to disbursement of any Grant funds, Grantee
shall provide evidence satisfactory to the Department of its compliance with
these insurance requirements.
B. If Grantee is self-insured, in whole or in part, as to any of the required types and
levels of coverage, the Grantee shall provide the Department with a written
acknowledgment of its self-insured status prior to disbursement of any Grant
funds. If the Grantee abandons its self-insured status at any time after execution
of this Agreement, the Grantee shall immediately notify the Department, and
shall promptly comply with the insurance coverage requirements under the
Program.
16. Operating Funds
Grantee shall demonstrate its capacity to provide five (5) years of operating funds for
the Project. As set forth at Exhibit B of this Agreement, Grantee shall provide
documentary evidence of such capacity prior to disbursement of any Grant funds.
17. Relocation
Grantee shall comply with the provisions of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended, in 24 CFR Part 42, 49 CFR Part
24, and 42 U.S. §5304(d) as they apply to the performance of this Agreement. Grantee
agrees to comply with 24 CFR 570.606 relating to the acquisition and disposition of all
real property utilizing grant funds and to the displacement of persons, businesses, non-
profit organizations and farms occurring as a direct result of any acquisition of real
property utilizing grant funds.
Grantee must have a relocation plan prior to proceeding with any phase of a Project or
other activity that will result in the displacement of persons, businesses, or farm
operations. To ensure that displaced persons and entities do not suffer a
disproportionate impact as a result of Projects which benefit the public, all notices to
vacate and relocation services must be provided to them in accordance with applicable
law. In addition, before the Homekey award will be disbursed, Grantee must have
either:
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City of Fresno and Valley Teen Ranch 23-HK-17983 Page 12 of 23
EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
A. Department-approved relocation plan; or
B. Department-issued Certification Regarding Non-Application of Relocation
Benefits and Indemnification Agreement, which has been duly executed by the
Grantee and approved by the Department.
18. One-for-One Replacement of Assisted Units
One-for-one replacement of Assisted Units is permissible if approved in advance by the
Department per Section 300 of the NOFA, after the Department’s determination, in its
sole and absolute discretion, that such replacement will not reduce the inventory of units
that are already available at affordable rents to households that are at or under 30
percent AMI.
19. Site Control
Unless and except as otherwise expressly approved in writing by the Department or
provided at Exhibit E to this Agreement, the Grantee shall have control of the property
at all times, and such control shall not be contingent on the approval of any other party.
The status and nature of the Grantee's title and interest in the property must be
acceptable to the Department. Site control may be evidenced by one of the following:
A. Fee title.
B. A leasehold interest on the property with provisions that enable the lessee to
make improvements on and encumber the property provided that the terms and
conditions of any proposed lease shall permit compliance with, and satisfaction
of, all Program objectives and requirements, including, without limitation, those
set forth in this Agreement. If the Grantee’s interest in the property is a leasehold,
and the lessee and the lessor are affiliated or related parties, then the
Department may require both the lessee and the lessor to execute this
Agreement.
C. An executed disposition and development agreement, or irrevocable offer of
dedication to a public agency.
D. A sales contract, or other enforceable agreement for the acquisition of the
property. If this form of evidence was relied upon at the time of Application, the
Department may impose additional Performance Milestones (e.g., presentation of
DocuSign Envelope ID: 5183AFBC-271F-45A1-9638-36110E4785DFDocuSign Envelope ID: 897220CF-9C8C-4473-8665-5400F26DD240DocuSign Envelope ID: 5F58923B-4B84-4F5D-A7C1-FD1DB983F689
City of Fresno and Valley Teen Ranch 23-HK-17983 Page 13 of 23
EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
additional or supplemental evidence of eventual site control closer to any
projected close of escrow).
E. A letter of intent, executed by a sufficiently authorized signatory of the Grantee,
that expressly represents to the Department, without condition or reservation,
that, upon successful application, the Grantee shall purchase or otherwise
acquire a sufficient legal interest in the property to accomplish the purpose of the
award. The letter of intent must also be duly acknowledged by the party selling or
otherwise conveying an interest in the subject property to the Grantee. If this
form of evidence was relied upon at the time of Application, the Department may
impose additional Performance Milestones (e.g., presentation of additional or
supplemental evidence of eventual site control closer to any projected close of
escrow).
F. Other evidence of site control that gives the Department assurance (equivalent to
A-E above) that the Grantee will be able to complete the Project in a timely
manner and in accordance with the Program’s objectives and requirements,
including, without limitation, those set forth or referenced in this Agreement.
20. Adaptability and Accessibility
The Project shall comply with all applicable federal, state and local laws regarding
adaptability and accessibility, including, without limitation, the requirements set forth in
the NOFA.
21. Title Status and Reports
Grantee shall provide a current title report for the real property on which the Project is
located. If Grantee’s interest in the property is leasehold, then Grantee shall provide a
current title report for the leasehold interest and the fee interest. For tribal trust land,
Grantee shall provide a TSR or an attorney’s opinion regarding chain of title and current
title status. As set forth and specified at Exhibit B of this Agreement, Grantee shall
provide such title report or documentation of title status prior to disbursement of any
Homekey Grant funds.
22. Title Insurance
Grantee shall provide evidence of title insurance and an ALTA As-Built Survey that are
acceptable to the Department. The condition of title, the insurer, the liability amount, the
form of policy, and the endorsements shall be subject to Department approval. The
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City of Fresno and Valley Teen Ranch 23-HK-17983 Page 14 of 23
EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
policy shall insure that Grantee holds good and marketable title (fee simple or
leasehold).
23. Property Management Plan
Grantee shall submit a property management plan to the Department for its review and
approval. Such management plan shall be consistent with any representations made in
the Application, and it shall meet the Program Requirements (e.g., include the
management, maintenance, and repair information required by the MHP Guidelines).
24. Supportive Services Plan
Grantee shall submit a Supportive Services plan to the Department for its review and
approval. Such Supportive Services plan shall be consistent with any representations
made in the Application, and it shall meet the Program Requirements (e.g., provide for
delivery of housing stability services and benefits).
25. Nondiscrimination
Grantee shall adopt a written nondiscrimination policy requiring that no person shall, on
the grounds of race, color, religion, sex, gender, gender identity, gender expression,
sexual orientation, marital status, national origin, ancestry, familial status, source of
income, disability, age, medical condition, genetic information, citizenship, primary
language, immigration status (except where explicitly prohibited by federal law),
arbitrary characteristics, and all other classes of individuals protected from
discrimination under federal or state housing laws, individuals perceived to be a
member of any of the preceding classes, or any individual or person associated with
any of the preceding classes, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under, any program or activity funded in whole or in
part with Homekey funds.
Statutes and regulations prohibiting discrimination are applicable to this Agreement and
include, without limitation, the following:
A. Grantee and any of its contractors, subcontractors, successors, transferees, and
assignees shall comply with Title VI of the Civil Rights Act of 1964, which
prohibits recipients of federal financial assistance from excluding from a program
or activity, denying benefits of, or otherwise discriminating against a person on
the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
implemented by the U.S. Department of the Treasury’s Title VI regulations, 31
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City of Fresno and Valley Teen Ranch 23-HK-17983 Page 15 of 23
EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
CFR Part 22, which are herein incorporated by reference and made a part of this
Agreement. Title VI also includes protection to persons with “Limited English
Proficiency” in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the U.S. Department of the
Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by
reference and made a part of this Agreement;
B. Equal Employment Opportunity. Except as otherwise provided under 41 CFR
Part 60, all contracts that meet the definition of “federally assisted construction
contract” in 41 CFR Part 60–1.3 must include the equal opportunity clause
provided under 41 CFR 60–1.4(b), in accordance with Executive Order 11246,
“Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964–1965
Comp., p. 339), as amended by Executive Order 11375, “Amending Executive
Order 11246 Relating to Equal Employment Opportunity,” and implementing
regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor.”;
C. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601
et seq.); Grantee shall affirmatively further fair housing, in accordance with the
Civil Rights Act of 1964 (42 U.S.C §2000a, et seq.), and the Fair Housing Act (42
U.S.C. §3601, et seq.), according to 42 U.S.C. §5306, et seq. and in compliance
with California statute (Gov. Code sections 65583, et seq.). Grantee shall comply
with the Fair Housing Amendment Act of 1988 (Public Law 100-430). Grantee
shall develop and implement an affirmative fair housing marketing plan that is
satisfactory to the Department. Appropriate aspects of the initial plan shall be
incorporated into the ongoing management plan to ensure positive outreach and
informational efforts to those who are least likely to know about and apply for
Interim Housing or Permanent Housing. Grantee is encouraged to refer to the
guidelines for Affirmative Fair Housing Marketing Plans issued by the U.S.
Department of Housing and Urban Development (“HUD”). Grantee shall comply
with all applicable state and federal fair housing laws;
D. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794);
prohibiting recipients of federal funds from discrimination against persons with
disability; the Americans With Disabilities Act of 1990 prohibiting all public
discrimination against persons with disabilities; the Age Discrimination Act of
1975 prohibiting age-based discrimination in federally funded activities; Executive
Order 11063 prohibiting discrimination in disposition of properties owned or
financed with federal funds, as amended by Executive Order 12259; and
Executive Order 11246 regarding fair employment, as amended by Executive
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City of Fresno and Valley Teen Ranch 23-HK-17983 Page 16 of 23
EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
Orders 11375, 11478 and 12086; and HUD regulations heretofore issued or to be
issued to implement these authorities relating to civil rights;
E. The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.); The
Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.);
prohibiting age-based discrimination in federally funded activities.
Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et
seq.); Americans With Disabilities Act of 1990 prohibiting all public discrimination
against persons with disabilities. The State of California nondiscrimination statutes,
regulations, and standards set forth and identified in the NOFA and at Exhibit C of this
Agreement.
26. Affirmative Fair Housing Marketing Plan and Fair Housing Compliance
A. Grantee shall affirmatively further fair housing, in accordance with the Civil Rights
Act of 1964 (42 U.S.C §2000a, et seq.), and the Fair Housing Act (42 U.S.C.
§3601, et seq.), according to 42 U.S.C. §5306, et seq. and in compliance with
California statute (Gov. Code sections 65583, et seq.). Grantee shall comply with
the Fair Housing Amendment Act of 1988 (Public Law 100-430).
B. Grantee shall develop and implement an affirmative fair housing marketing plan
that is satisfactory to the Department. Appropriate aspects of the initial plan shall
be incorporated into the ongoing management plan to ensure positive outreach
and informational efforts to those who are least likely to know about and apply for
Interim Housing or Permanent Housing. Grantee is encouraged to refer to the
guidelines for Affirmative Fair Housing Marketing Plans issued by the U.S.
Department of Housing and Urban Development (“HUD”). Grantee shall comply
with all applicable state and federal fair housing laws.
27. Grantee Acknowledgment of the Pet Friendly Housing Act of 2017
By executing this Agreement, Grantee acknowledges that the Pet Friendly Housing Act
of 2017 (Health & Saf. Code, § 50466) requires each housing development, if it is
financed on or after January 1, 2018 pursuant to Division 31 of the Health and Safety
Code, to authorize a resident of the housing development to own or otherwise maintain
one or more common household pets within the resident’s dwelling unit, subject to
applicable state laws and local governmental ordinances related to public health, animal
control, and animal anticruelty.
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City of Fresno and Valley Teen Ranch 23-HK-17983 Page 17 of 23
EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
28. Final Certificate of Occupancy
Grantee shall provide a final certificate of occupancy (or an equivalent form of
occupancy certification or approval) issued by the local agency having jurisdiction over
such certificates.
29. Occupancy
The Assisted Units shall be occupied by the Target Population, and such units shall be
in decent, safe, and sanitary condition at the time of their occupancy. In addition, the
Grantee shall certify, upon occupancy, that it will employ the core components of
Housing First (as set forth at Welfare and Institutions Code section 8255) as part of its
property management plan and Supportive Services plan.
30. Tenant Selection
Referrals to Assisted Units shall be made through the local Coordinated Entry System
(“CES”), or another comparable prioritization system based on greatest need shall be
used. All referral protocols for Assisted Units shall be developed in collaboration with
the local Continuum of Care and implemented consistent with the Program
Requirements.
31. Participation in Statewide HDIS/HMIS
Grantee shall support Continuum of Care participation in the statewide Homeless Data
Integration System (“HDIS”). As required by and in accordance with state and federal
law (including all applicable privacy law), Grantee shall further disclose relevant data to
the local Homeless Management Information System (“HMIS”) and comparable data
collection systems.
32. Affordability Covenant
A. An Affordability Covenant shall be recorded against the Project real property in
accordance with Section 208 of the NOFA and this Agreement. For Interim
Housing Projects, the Department will prepare, and the Public Entity or Tribal
Entity shall cause, a 30-year Affordability Covenant to be recorded against the
Project real property.
B. For Interim Housing Projects that will ultimately result in Permanent Housing, the
Public Entity or Tribal Entity shall prepare and cause a 30-year Affordability
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City of Fresno and Valley Teen Ranch 23-HK-17983 Page 18 of 23
EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
Covenant to be recorded against the Project real property during the interim
phase and upon conversion to permanent housing the public entity or tribal entity
shall cause a 55-year affordability covenant.
C. For Permanent Housing Projects, the Public Entity or Tribal Entity shall prepare
and cause a 55-year Affordability Covenant to be recorded against the Project
real property. For Permanent Housing Projects located on tribal trust land, a 50-
year Affordability Covenant shall be recorded against the Project real property.
D. The Affordability Covenant shall require integration of the Target Population
within all entrances, common areas, and buildings that comprise the Project.
E. The Affordability Covenant shall include occupancy and rent restrictions that
maintain the Project’s accessibility to the Target Population over the full term of
the Affordability Covenant.
F. All Affordability Covenants are subject to the advance written approval of the
Department, and shall be acceptable to the Department in form, substance, and
priority. Project-specific requirements and deadlines are set forth at Exhibit E of
this Agreement.
33. Restrictions on Sales, Transfers, and Encumbrances
Grantee shall not, for the duration of this Agreement, sell, assign, transfer, or convey
the Project, or any interest therein or portion thereof, without the express prior written
approval of the Department.
34. Retention, Inspection, and Audit of Records
A. Grantee is responsible for maintaining records which fully disclose the activities
funded by the Grant. Grantee shall retain all records for a period of five (5) years
after the expiration of this Agreement, unless a longer retention period is
stipulated. If any litigation, claim, negotiation, audit, monitoring, inspection or
other action commences during this required retention period, all records must be
retained until a full and final resolution of the action.
B. The Department, as well as its appointees, employees, agents, and delegates,
shall have the right to review, obtain, and copy all records pertaining to
performance under this Agreement. The U.S. Department of the Treasury and
any authorized oversight body or representative, including, without limitation, the
Treasury’s Office of Inspector General, the Government Accountability Office,
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City of Fresno and Valley Teen Ranch 23-HK-17983 Page 19 of 23
EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
and the Pandemic Relief Accountability Committee, shall have the right of access
to such records in order to conduct audits or other investigations. Grantee shall
provide any relevant information requested, and shall permit access to its
premises, upon reasonable notice and during normal business hours, for the
purpose of interviewing employees and inspecting and copying books, records,
accounts, and other relevant material.
C. At any time during the term of this Agreement, the Department may perform or
cause to be performed a financial audit of any and all phases of the Project. At
the Department’s request, the Grantee shall provide, at its own expense, a
financial audit prepared by a certified public accountant. The audit shall be
performed by a qualified state, local, independent, or Department auditor. Where
an independent auditor is engaged, the audit services agreement shall include a
clause which permits the Department to have access to the independent
auditor’s relevant papers, records, and work product.
D. If there are audit findings, the Grantee shall submit a detailed response to the
Department for each audit finding. The Department will review the response. If
the Department determines, in its sole and absolute discretion, that the response
is satisfactory, the Department will conclude the audit process and notify the
Grantee in writing. If the Department determines, in its sole and absolute
discretion, that the response is not satisfactory, the Department will contact the
Grantee, in writing, and explain the action required to cure any audit deficiencies.
Such action could include the repayment of ineligible costs or other remediation.
E. If so directed by the Department upon the termination or expiration of this
Agreement, the Grantee shall deliver all records, accounts, documentation, and
other materials that are relevant to this Agreement to the Department as
depository.
35. Site Inspection
The Department reserves the right, upon reasonable notice, to inspect the Project to
determine whether it meets the Program Requirements. If the Department reasonably
determines that the site is not acceptable for the Project in accordance with] the
Program Requirements, the Department reserves the right to rescind the award and the
Grant. Nothing in this paragraph is intended to create or imply any obligation of the
Department to inspect the Project.
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City of Fresno and Valley Teen Ranch 23-HK-17983 Page 20 of 23
EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
36. Compliance with State and Federal Laws, Rules, Guidelines, and Regulations
A. Grantee, its agencies or instrumentalities, contractors, sub-grantees, and
subrecipients shall comply with all local, state, and federal laws, statutes, and
regulations, as well as policies and guidelines established by the Department for
the administration of the Homekey program.
B. Grantee shall comply with the requirements of 24 CFR 570.480 et seq., the
Housing and Urban Development (HUD) 2 CFR 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards,
Final Guidance, as adopted by HUD at 2 CFR 2400, Title II of the Cranston-
Gonzales National Affordable Housing Act (42 U.S.C. § 12701 et seq.) and all
federal regulations and policies issued pursuant to these regulations. The
Grantee further agrees to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available.
37. Updated Information
If there is any change in the information that has been provided to the Department,
Grantee shall promptly provide the Department with updated documentation (e.g.,
updated sources and uses). All changes shall be subject to Department approval. In
addition, Grantee shall promptly notify the Department, in writing, of any changes in
Grantee or Co-Grantee organization, authorization, or capacity.
38. Survival of Obligations
The obligations of the Grantee, as set forth in this Agreement, shall survive the
termination or expiration of this Agreement.
39. Litigation
Grantee shall notify the Department immediately of any claim or action undertaken by or
against it which affects or may affect this Agreement or the Department and shall take
such action with respect to the claim or action as is consistent with the terms of this
Agreement, the Program Requirements, the interests of the Department, and the
objectives of the Homekey Program.
40. Entire Agreement; Severability
This Agreement constitutes the entire agreement between the Grantee and the
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City of Fresno and Valley Teen Ranch 23-HK-17983 Page 21 of 23
EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
Department. All prior representations, statements, negotiations, and undertakings with
regard to the subject matter hereof are superseded hereby. If any term or provision of
this Agreement or the application thereof to any person or circumstance shall, to any
extent, be invalid or unenforceable, the remaining terms and provisions of this
Agreement, or the application of such terms or provisions to persons or circumstances
other than those as to which it is held invalid or unenforceable, shall not be affected
thereby, and each term and provision of this Agreement shall be valid and enforced to
the fullest extent permitted by law.
41. Modification or Waiver under AB 1010
The Department reserves the right to waive or modify any requirement under this
Agreement, or any Program Requirement, as authorized by and in accordance with
Assembly Bill No. 1010 (Chapter 660, Statutes of 2019) (“AB 1010”), which is codified
at Health and Safety Code section 50406, subdivision (p).
42. Waivers
No waiver of any breach, violation, or default under this Agreement shall be held to be a
waiver of any other or subsequent breach or violation thereof or default thereunder. The
Department’s failure, at any time, to enforce the provisions of this Agreement or to
require the Grantee’s performance under this Agreement shall in no way be construed
as a waiver of such provisions or performance, and it shall not affect the validity of this
Agreement or the Department’s right to enforce this Agreement.
43. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
This Agreement is subject to the administrative requirements, cost principles, and audit
requirements for federal awards to non-federal entities, which are set forth at 2 Code of
Federal Regulations part 200.
A. Accounting Standards: Grantee agrees to comply with, and administer the
activity in conformance with, 2 CFR Part 200.300 et seq, and agrees to adhere to
the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs
incurred.
B. Debarred contractors: It certifies that neither the Applicant or its staff are
presently debarred, suspended, proposed for debarment, declared ineligible, or
DocuSign Envelope ID: 5183AFBC-271F-45A1-9638-36110E4785DFDocuSign Envelope ID: 897220CF-9C8C-4473-8665-5400F26DD240DocuSign Envelope ID: 5F58923B-4B84-4F5D-A7C1-FD1DB983F689
City of Fresno and Valley Teen Ranch 23-HK-17983 Page 22 of 23
EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
voluntarily excluded from participation in federal assistance programs, in any
proposal submitted in connection with the Homekey program, per the Excluded
Party List System located at https://www.sam.gov/SAM/. In addition, the
Applicant will not award contracts to or otherwise engage the services of any
contractor while that contractor (or its principals) is debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from
participation from the covered transaction, in any proposal submitted in
connection with the Homekey program under the provisions of 24 CFR Part 24.
Single Audit Requirements: Grantee is responsible for complying, as necessary, with
the Single Audit Act and its implementing regulation at 2 Code of Federal Regulations
part 200, subpart F regarding audit requirements.
44. Disputes
In the event of any conflict between this Agreement and any Grantee documents or side
agreements, this Agreement and the Program Requirements shall prevail, are
applicable, and shall be enforceable by the Department even if the Department provided
review or approval of such documents and side agreements.
45. Consent
The parties agree that wherever the consent or approval of the Department or Grantee
is required under this Agreement, such consent or approval shall not be unreasonably
withheld, conditioned, or delayed, unless the same is specified as being in that party’s
sole and absolute discretion, or other words of similar import.
46. Grantee Liability
Grantee shall remain liable to the Department for performance under this Standard
Agreement and compliance with all Program Requirements regardless of any
Department-approved transfer or assignment of interest, or of any designation of a third
party for the undertaking of all or any part of the Scope of Work. Likewise, each Co-
Grantee shall remain jointly and severally liable to the Department for performance
under this Standard Agreement and compliance with all Program Requirements
regardless of any Department-approved transfer or assignment of interest; any
designation of a third party for the undertaking of all or any part of the Scope of Work; or
the Co-Grantees’ identification of a Designated Payee.
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City of Fresno and Valley Teen Ranch 23-HK-17983 Page 23 of 23
EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
47. Defense and Indemnification
Grantee agrees to defend, indemnify, and hold harmless the Department, and its
appointees, agents, employees, and officers, from any losses, damages, liabilities,
claims, actions, judgments, court costs and legal or other expenses (including attorneys’
fees), which may arise in connection with Grantee’s use of the Grant funds and
performance under this Agreement. If any attorney, including the California Attorney
General, is engaged by the Department to enforce, construe, or defend any provision of
this paragraph, with or without the filing of any legal action or proceeding, Grantee shall,
individually or jointly, pay to the Department, immediately upon demand, the amount of
all attorneys’ fees and costs incurred by the Department in connection therewith.
48. Time Is of the Essence
Time is of the essence under this Agreement, and in the performance of every term,
covenant, and obligation contained herein.
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City of Fresno and Valley Teen Ranch
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Page 1 of 7
EXHIBIT E
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
PROJECT-SPECIFIC PROVISIONS AND SPECIAL TERMS AND CONDITIONS
Permanent Housing
1. PROJECT-SPECIFIC PROVISIONS
Project Name: Welcome Home
Address: 6507 N. Polk Avenue, Fresno, CA 93722
Assessor Parcel Numbers (APNs): 506-130-04s
A. Permanent Housing – Award, Disbursement, and Eligible Use(s)
Grantee received Homekey Program award letter on September 26, 2023 (the
“Award Date”). Pursuant to that award letter, the Grantee is receiving Homekey
Grant funds in the amount of $21,983,607.00 (the “Award”). The Payee of these
funds is City of Fresno. Grantee will use the funds to provide Permanent Housing
for the Target Population and subpopulations as specified in the unit mix chart
included herein. Specifically, the Grantee will apply these funds towards the
following eligible use(s):
1) Acquisition of land
2) New construction of dwelling units to provide Permanent Housing for the
Target Population.
3) Capitalization of an operating subsidy for the Assisted Units.
The Homekey Award is comprised of:
Total Award $21,983,607.00
Capital Award $20,261,675.00
Acquisition $1,228,230.00
Rehabilitation $0.00
Master Leasing $0.00
New Construction $19,033,445.00
Affordability Covenants $0.00
Relocation $0.00
Operating Award $1,721,932.00
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City of Fresno and Valley Teen Ranch
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Page 2 of 7
EXHIBIT E
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
B. Unit Mix
# of
Bedrooms
Total
Homekey
Units
Homekey
-funded
Manager
Units
Homekey
Assisted
Units
AMI
Income
Limit
Target Population or
Subpopulation Restriction
1-Bedroom 35 0 35 30% Homeless
1-Bedroom 60 0 60 30%
Homeless Youth or Youth At-
Risk of Homelessness
1-Bedroom 1 1 0 None N/A
Totals: 96 1 95
Grantee must use referrals to the Homekey Assisted Units through the local
Coordinated Entry System (CES) or comparable prioritization system based on
greatest need. All referral protocols for Homekey Assisted Units must be
developed in collaboration with the local CoC and implementation consistent with
the requirements set forth in the Homekey NOFA.
C. Project Narrative
1) Welcome Home is a 96-unit acquisition and new construction modular
project with one-bedroom units, comprised of 95 one-bedroom units and
one-bedroom manager unit. The Project will serve 35 homeless
individuals, as well as 60 at-risk homeless youth and homeless youth, and
will provide permanent supportive housing for households with the
incomes equal to or less than 30% of Area Median income (AMI). The
Project will consist of 4 two story residential buildings that includes a
manager’s office, three common buildings that will include a laundry room,
multipurpose room storage and thirty-eight parking spaces. Offsite
amenities, within two miles of the project, include a transportation stop,
qualifying medical clinic, grocery store, pharmacy, and public park.
2) Homeless Youth Project. This Project received set-aside funding as a
Homeless Youth Project. The Grantee shall have jointly applied and/or
partnered with a nonprofit corporation with experience serving the
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City of Fresno and Valley Teen Ranch
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Page 3 of 7
EXHIBIT E
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
foregoing subpopulation; and the Project shall provide Supportive
Services for Youth Assisted Units using a Positive Youth Development
(PYD) model and trauma-informed care. Grantee shall abide by all
additional representations in the Application that qualified the Grantee’s
Project for prioritized funding as a Homeless Youth Project.
3) Set-Aside Funds – Homeless Youth or Youth at Risk of
Homelessness Occupancy. This Project’s Award included set-aside
funds for Homeless Youth or Youth at Risk of Homelessness in the
amount of $14,624,292.00. In exchange for these set-aside funds, the
Grantee has agreed that at least 60 units in this Project will be restricted to
occupancy by Homeless Youth or Youth at Risk of Homelessness for the
duration of the 55-year regulatory term.
D. Scope of Work
The project consists of 96 units, 95 units of Permanent Housing for persons
experiencing homelessness, youth homelessness and youth at risk of
homelessness, and 1 manager unit. Each unit will include a kitchenette with
quartz countertop, combination microwave/convection oven/air fryer, refrigerator
and kitchen sink, private bathroom, as well as a bed, dresser, table and chairs,
bedside table, and lamps. The project will be developed using wood volumetric
modular construction that will be manufactured offsite to meet or exceed
conventional construction codes and then transported and set on a permanent
foundation. Grantee shall assure that the case manager ratio for this project will
be maintained at 11.9 to 1 for the Homeless, Homeless Youth or Youth at Risk of
Homelessness. City of Fresno will manage the property and coordinate with
Valley Teen Ranch to provide the Homeless, Homeless Youth or Youth at Risk of
Homelessness, tenants supportive services. Supportive services will be provided
on- and off-site. Case managers will assist residents with utilizing public
transportation. If public transportation is unavailable, transportation will be
provided for off-site services.
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City of Fresno and Valley Teen Ranch
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Page 4 of 7
EXHIBIT E
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
E. Grantee Contract Coordinator
Authorized Representative Name: Georgeanne A. White
Authorized Representative Title: City Manager
Entity Name: City of Fresno
Address: 2600 Fresno Street, Fresno, CA 93721
Telephone No.: (559) 621-7795
E-Mail Address: georgeanne.white@fresno.gov
Authorized Representative Name: Andrea Evans
Authorized Representative Title: CEO
Entity Name: Nonprofit Corporation
Address: 2610 W Shaw Lane, Fresno, CA
93711
Telephone No.: (559) 437-1144
E-Mail Address: andrea.evans@valleyteenranch.org
F. Additional Conditions Precedent to Disbursement
None
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City of Fresno and Valley Teen Ranch
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Page 5 of 7
EXHIBIT E
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
G. Budget Detail
1) Grantee is obligated to cover the new construction, acquisition,
operations, and service costs for five (5) years. Grantee will satisfy this
obligation by leveraging funding commitments, or other reasonable
funding assurances, from the following funding sources:
a. Homekey award dated September 26, 2023, for a funding
commitment of $21,983,607.00 for new construction.
b. Valley Teen Ranch letter dated May 6, 2023, for a funding
commitment of $1,561,676.00 as development match for the Valley
Teen Ranch Housing Welcome Home project.
c. City of Fresno American Rescue Plan Act funds commitment of
$2,800,000.00 for new construction.
2) Grantee shall maintain the ongoing affordability of the Project by
leveraging the following non-Homekey sources of rental or operating
subsidies:
a. Valley Teen Ranch operating subsidy enforceable funding
commitment of $20,501,290.00 for the project.
2. Performance Milestones
Performance Milestones Milestone Completion Date
Project escrow must be closed, and
Capital funds must be fully expended.
December 26, 2024
(Date includes 7-month extension)
Homekey-funded operating funds must
be fully expended.
June 30, 2026
All Acquisition, Construction and/or
Rehabilitation of the Homekey Project
must be completed.
September 26, 2024
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City of Fresno and Valley Teen Ranch
23-HK-17983
Page 6 of 7
EXHIBIT E
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
Performance Milestones Milestone Completion Date
Full occupancy by the Target Population
must be accomplished in accordance
with the descriptions and
representations set forth in the
Application.
December 26, 2024
A copy of Grantee’s written
nondiscrimination policy (in accordance
with Exhibit D of this Agreement) must
be submitted to the Department.
May 28, 2024
A Department-approved Affordability
Covenant must be recorded against the
Project real property after the
Departments approval to record, and as
specified and described in the NOFA
and this Agreement.
90 days from Standard Agreement
execution
*But not before Department approval
A copy of the Notice of Exemption from
the California Environmental Quality Act
(CEQA) filed with the Office of Planning
and Research (OPR) as applicable.
May 28, 2024
A Homekey Program and Expenditure
Report must be submitted to the
Department as specified and described
in the NOFA.
January 31 – Each year for five (5)
years following the Effective Date of
this Agreement.
3. SPECIAL TERMS AND CONDITIONS
The following Special Terms and Conditions are applicable to this Project and shall
control notwithstanding anything to the contrary herein:
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City of Fresno and Valley Teen Ranch
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Page 7 of 7
EXHIBIT E
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Welcome Home
Approved Date: 11/21/2023
Prep. Date: 11/22/2023
Unique Entity Identifier(s): ELPGKCJ7DJK7, LLAJQZRNFK53
A. Affordability Covenant
1) The state, regional, local, or tribal Grantee shall ensure that the Project is
duly encumbered with a 55-year Affordability Covenant that (a) is recorded
in first position against the Project for the benefit of the state, regional,
local, or tribal Grantee; (b) restricts the use, operation, occupancy, and
affordability of the Project in accordance with this Agreement and the
applicable Program Requirements; (c) duly names the Department as a
third-party beneficiary with the right and privilege, but not the obligation, of
enforcement thereof; and (d) is otherwise in form and substance
acceptable to the Department.
2) The Affordability Covenant must be recorded against the real property of
the Project site by the Milestone Completion Date set forth herein. The
Grantee shall obtain the Department’s express written approval of the
Affordability Covenant prior to the recordation of the same. After
recordation, the Grantee shall promptly provide the Department with a
conformed copy of the recorded Affordability Covenant.
3) Unless otherwise authorized by the prior and express written approval of
the Department, the Affordability Covenant must be recorded as a lien
against the Project in first position, and must remain in first position, over
all other Project agreements, covenants, or other matters of record on the
real property for the period of affordability required by the Program.
B. Grantee has committed to a 55-year use restriction for the Project and has
waived any potential accommodation by the Department to increase income
limits, as per NOFA Section 304, Application Scoring Criteria, (3)(c), 100 percent
of the Assisted Units.
C. Grantee has committed to the following accessibility details for the Project, as per
NOFA Section 304, Application Scoring Criteria, (3)(d), the Project will exceed
the state and federal accessibility requirements set forth in the NOFA. At least 15
percent of the Project’s Assisted Units must have features accessible to persons
with mobility disabilities; and At least 10 percent of the Project’s units must have
features accessible to persons with hearing or vision disabilities.
D. Supportive Services Plans required by HCD must be received by HCD no later
than 90 days prior to occupancy.
DocuSign Envelope ID: 5183AFBC-271F-45A1-9638-36110E4785DFDocuSign Envelope ID: 897220CF-9C8C-4473-8665-5400F26DD240DocuSign Envelope ID: 5F58923B-4B84-4F5D-A7C1-FD1DB983F689