HomeMy WebLinkAboutWestcare California, Inc. - Housing Opportunities for Persons with AIDS (HOPWA) - 2020AGREEMENT BETWEEN WESTCARE CALIFORNIA, INC. AND THE CITY OF FRESNO TO
PROVIDE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS GRANT SERVICES TO
THE HOMELESS AND THOSE AT RISK OF BECOMING HOMELESS
THIS AGREEMENT is made and entered into the 18 th day of JUNE, 2020, by and
between the CITY OF FRESNO, a California municipal corporation (CITY), as a recipient of
the Housing Opportunities for Persons with AIDS (HOPWA) Grant and WESTCARE
CALIFORNIA, INC a California 501 (c)(3) not-for-profit Corporation (PROJECT
SPONSOR). CITY and PROJECT SPONSOR are sometimes hereinafter referred to
individually as a Party and collectively as Parties.
CITY has received a grant commitment from the United States Department of
Housing and Urban Development (HUD) to administer and implement supplemental
Housing Opportunities for Persons with AIDS funding as part of the Coronavirus (COVID-
19)response in the CITY of Fresno in accordance with the provisions of the Coronavirus Aid,
Relief, and Economic Security Act (CARES ACT) (Pub. L. No. 116-136), 24 CFR Part
574 et seq. (HOPWA CARES ACT) and California law.
The purpose of the HOPWA CARES ACT grant is to provide additional funding to
maintain HIV/AIDS assistance, program operations providing rental assistance,
supportive services, and other necessary actions, in order to prevent, prepare for, and
respond to coronavirus.
On March 4, 2020, the State of California, through emergency proclamation by the
Governor, suspended competitive bidding requirements to the extent necessary to
address the effects of the COVID-19 pandemic. Federal Regulations at 2 CFR 200.330
allow the City to make subawards to qualified subrecipients provided the Federal funding
is for a public purpose specified in the authorizing statute, and as long as the award does
not provide goods or services for the benefit of the City. On [DATE], the City Manager
approved a memorandum finding that a public health emergency exists and suspended
CITY competitive bidding requirements pertaining to the supplemental HOPWA CARES
ACT funding being directed to the COVID-19 response
The PROJECT SPONSOR submitted a letter of proposal for providing eligible
Scope of Services and a cost proposal (Budget) as described in Exhibits A and B,
respectively and represents it is capable and qualified to meet all the requirements of the
letter of proposal and this Agreement. The City has determined; 1) the PROJECT
SPONSOR meets the Federal standard for being a qualified subrecipient; 2) the
PROJECT SPONSOR's proposed use of HOPWA CARES Act funding is for a public
purpose specified in the HOPWA CARES ACT; and 3) the grant award will not provide
goods or services for the benefit of the CITY. The CITY furthers acknowledges the
PROJECT SPONSOR has been the only respondent to Notices of Funding Availability
(NOFAs) for HOPWA funding during the CITY's administration of the program.
CITY, in accordance with its 2015-2019 Consolidate Plan and Fiscal Year (FY)
2020 Annual Action Plan, as amended, desires to provide HOPWA CARES ACT funds to
PROJECT SPONSOR for activities and services, as more fully described in Exhibit A,
Scope of Services, upon terms and conditions in this Agreement.
Pursuant to CITY Resolution No. 2020-137, the CITY Ma nager is authorized to
execute HOPWA Agreements on behalf of the CITY that are within available allocated
HOPWA CARES ACT funding and approved as to form by the City Attorney. HOPWA 9-5-19
ID: 20-00800