2023- 258
AGREEMENT NO
KERN COUNTY HOSPITAL AUTHORITY
SUBRECIPIENT AGREEMENT FOR HOMELESS HOUSING ASSISTANCE
AND PREVENTION GRANT FOR SHELTER - BASED MENTAL HEALTH SERVICES This AGREEMENT is made and entered into on NOV - 8 2023 , by and between the CITY OF BAKERSFIELD, a California charter city and municipal corporation (" CITY" herein) and KERN COUNTY HOSPITAL AUTHORITY, a local unit of government, which owns and operates Kern Medical Center, authorized to do business in California ( referred to herein as " CONTRACTOR").
RECITALS
WHEREAS, California Governor Gavin Newsom and the members of the California Legislature have recognized the urgent and immediate need for funding at the local level to combat homelessness; and
WHEREAS, the Governor and Legislature have provided funding to local governments under the Homeless Housing Assistance and Prevention Round 3 program as part of AB 101 (Chapter 159); and
WHEREAS, the Governor and Legislature have provided funding to local governments under the Homeless Housing Assistance and Prevention Round 4 HHAP-4) program as part of Assembly Bill 140 ( Chapter 111); and WHEREAS, the Bakersfield Kern Regional Homeless Collaborative, of which the City of Bakersfield is a member, has developed a homelessness plan and undertaken multiple efforts at the local level to combat homelessness; and WHEREAS, the CITY finds that the health and safety of unsheltered persons in the CITY is threatened by a lack of shelter; and
WHEREAS, the State of California has granted Homeless Housing Assistance and Prevention Round 3 ( HHAP- 3) funds and Homeless Housing Assistance and Prevention Round 4 ( HHAP- 4) funds to CITY; and
WHEREAS, CONTRACTOR has requested assistance in providing mental health services to persons experiencing homelessness in local shelters; and F6AkF
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WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced and well qualified in the field of mental health services to persons experiencing homelessness; and
WHEREAS, CITY desires to assist CONTRACTOR by making grant funding available for mental health services to persons experiencing homelessness in local shelters; and
WHEREAS, the CITYdesires to grant EIGHTHUNDREDAND EIGHTYTHOUSAND, NINE HUNDRED DOLLARS ($ 880, 900) in HHAP- 3 funds and THREE HUNDRED THOUSAND DOLLARS ($ 300, 000) in HHAP- 4 funds for a total of ONE MILLION, ONE HUNDRED AND EIGHTY THOUSAND, NINE HUNDRED DOLLARS ($ 1, 180, 900) to CONTRACTOR to be expended on projects serving persons experiencing homelessness; and
WHEREAS, CITY shall not be obligated to disburse, or pay to, CONTRACTOR or any third party, any funds until and after CITY receives grant funds from the state government.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. HHAP- 3 FUNDING TERMS. CONTRACTOR and its subcontractors shall comply with all terms of the HHAP- 3 State of California Standard Agreement, which is attached hereto and incorporated by reference herein as Exhibit " A".
2. HHAP- 4 FUNDING TERMS. CONTRACTOR and its subcontractors shall comply with all terms of the HHAP- 4 State of California Standard Agreement, which is attached hereto and incorporated by reference herein as Exhibit " B".
3. SCOPE OF WORK. In exchange for the Compensation ( defined below), CONTRACTOR shall provide mental health services as set forth in Exhibit " C," which is attached hereto and incorporated herein by reference as if set forth in full.
4. COMPENSATION. It is expressly agreed and understood that the total amount to be paid by CITY under this Agreement shall not exceed EIGHT HUNDRED AND EIGHTY THOUSAND, NINE HUNDRED DOLLARS ($ 880, 900) in HHAP- 3 funds and THREE HUNDRED THOUSAND DOLLARS ($ 300, 000) in HHAP- 4 funds for a total of ONE MILLION, ONE HUNDRED AND EIGHTY THOUSAND, NINE HUNDRED DOLLARS ($ 1, 180, 900). The Compensation shall be the total compensation under this Agreement including, but not limited to, all out- of- pocket costs and taxes. Such grant shall only be used to pay
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for operating costs provided as set forth in Exhibit " C" and in accordance with this Agreement.
4. 1. Disbursement of Funds. CITY shall not be obligated to disburse, or pay to, CONTRACTOR or any third party, any funds until and after CITY receives HHAP- 3 and HHAP- 4 funds from the state government.
If CITY does not receive such funds, CITY, at its option, may terminate or suspend this Agreement without any liability to CONTRACTOR or its subrecipients until CITY receives such funds. CONTRACTOR shall not be entitled to any damages from CITYif CITYrefuses to disburse funds until CITY receives funds, even if CONTRACTOR or any third party has detrimentally relied upon this Agreement.
4. 1. 1. CONTRACTOR shall conform to the " time frame" as set forth in Exhibit " C," attached hereto and incorporated herein by reference. CONTRACTOR shall pay for any and all costs
greater than ONE MILLION, ONE HUNDRED AND EIGHTY
THOUSAND, NINE HUNDRED DOLLARS ($ 1, 180, 900).
4. 2. Eliciible Claims for Payment. CITY agrees to pay eligible claims for payment to CONTRACTORwithin thirty ( 30) days after CITYreceives an eligible claim for payment as set forth herein, and a properly - designated CONTRACTOR official certifies the claim.
4. 3. Method of Payment. CITY agrees to pay " claims for payment" directly to CONTRACTOR within 30 days after CITY receives a satisfactory " claim for payment." CONTRACTOR shall properly itemize and document claims for payment to show clearly the items, tasks, or services for which CONTRACTOR claims reimbursement, as well as describing to which of the Activities the payment is related.
CONTRACTOR shall also describe the basis for computation: cost per hour, cost per weight, cost per task, or other measurement as CITY may specify. CITY may review the claim for completeness and accuracy, and may refuse to pay any claim until explained to CITY's satisfaction.
5. TERM. The term of this Agreement shall begin November 9, 2023 and ends May 8, 2025.
6. TERMINATION OF AGREEMENT. CITY reserves the right to terminate this AGREEMENTupon giving CONTRACTOR notice of intention to terminate at least 30 days prior to the effective date of the termination. CITY shall only convey to CONTRACTORfunds for work done prior to the effective date of KERN COUNTY HOSPITAL AUTHORITY Page 3 of 15
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termination. This Agreement may be terminated by any party upon 30 days written notice.
7. CONTRACTOR' S OBLIGATIONS. In addition to the terms stated herein, CONTRACTORshall comply with the following Federal and State laws and regulations:
7. 1. Laws and Regulations.
7. 1. 1. Federal. CONTRACTOR shall comply with all provisions of Federal law applicable to this Agreement.
7. 1. 2. California. CONTRACTOR shall comply with all provisions of California law applicable to this Agreement.
7. 1. 3. Compliance with All Laws. CONTRACTOR shall, at CONTRACTOR' s sole cost, comply with all of the
requirements of Municipal, State and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or
regulations and permitting requirements now in force or which may hereafter be in force including, without
limitation, obtaining a City of Bakersfield business tax certificate ( Bakersfield Municipal Code Chapter 5. 02) where required.
7. 1. 4. Compliance with All State and Federal Laws, Rules Guidelines and Regulations. The CONTRACTOR agrees to
comply with all State and Federal laws, rules and
regulations that pertain to construction, health and safety, labor, fair employment practices, environmental
protection, equal opportunity, fair housing, and all other matters applicable and/ or related to the HHAP program, the CONTRACTOR, its Subcontractors, and all eligible
activities.
CONTRACTOR shall also be responsible for obtaining any
and all permits, licenses, and approvals required for
performing any activities under this Agreement, including those necessary to perform design, construction, or
operation and maintenance of the activities.
CONTRACTOR shall be responsible for observing and,
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complying with any applicable federal, state, and local laws, rules or regulations affecting any such work,
specifically those including, but not limited to,
environmental protection, procurement, and safety laws, rules, regulations, and ordinances. CONTRACTOR shall
provide copies of permits and approvals to the CITY upon request.
8. INDEPENDENT CONTRACTOR. CONTRACTOR understands and agrees that it is an " independent contractor" with respect to the services to be performed under this Agreement. CONTRACTOR is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. CITY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/ or medical insurance and Workers' Compensation Insurance. This agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor.
9. INDEMNIFICATION. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents, and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR ' s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct.
10. INSURANCE.
10. 1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below (" Basic Insurance Requirements'').
10. 1. 1. Automobile liability insurance, providing coverage for owned, non - owned, and hired autos on an occurrence
basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $ 1,000, 000 per occurrence.
10. 1. 2. Commercial general liability insurance, unless otherwise OAK
approved by CITY's Risk Manager, providing coverage ono` I1,, o
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an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal
injury, with limits of not less than $ 1,000, 000 per occurrence.
The policy must:
10. 1. 2. 1. Provide contractual liability coverage for the terms of this Agreement;
10. 1. 2. 2. Provide products and completed operations
coverage;
10. 1. 2. 3. Provide premises, operations, and mobile
equipment coverage; and
10. 1. 2. 4. Contain an additional insured endorsement in favor of CITY and its mayor, council, officers,
agents, employees, and designated
volunteers.
10. 1. 3. Workers' compensation insurance with limits of not less than 1, 000, 000 per occurrence. In accordance with the
provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861,
CONTRACTOR must submit to CITY the following
certification before beginning any work on the
Improvements:
I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker' s compensation or to undertake self- insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.
By executing this Agreement, CONTRACTOR is submitting
the certification required above.
The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.
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10. 2. General Provisions Applying to All Insurance Types.
10. 2. 1. All policies required of CONTRACTOR must be written on a first - dollar coverage basis, or contain a deductible
provision. Subject to CITY' s advance approval,
CONTRACTOR may utilize a self -insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or
contained in the policy conditions, that prohibits
satisfaction of any self -insured provision or requirement by anyone other than the named insured or by any means
including other insurance or which isintended to defeat the intent or protection of an additional insured.
10. 2. 2. All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers
must be excess of CONTRACTOR' s insurance and must not
contribute with it.
10. 2. 3. The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by CITY's RiskManager, but in no event less than A-: VII. Any deductibles, self - insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best' s A-: VII, must be declared prior to execution of this Agreement and approved by CITY in
writing.
10. 2. 4. The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as
evidenced by CITY' s written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.
10. 2. 5. Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance
Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no
additional allowance will be made therefor or for additional premiumswhichmaybe requiredby extensionsof theaAK`
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policies of insurance.
10. 2. 6. It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by
CONTRACTOR in connection with this Agreement.
10. 2. 7. Unlessotherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section.
11. ADMINISTRATIVE REQUIREMENTS.
11. 1. Financial Management.
11. 1. 1. Accounting Standards. CONTRACTOR agrees to utilize adequate internal controls and maintain necessary source documentation for all costs incurred.
11. 1. 2. Documentation and Record Keeping.
11. 1. 2. 1. Records to be Maintained. CONTRACTOR shall maintain all records required by the State
regulations specified in " Exhibit A," " Exhibit B,"
and " Exhibit C" that are pertinent to the
activities to be funded under this Agreement.
Such records include, but are not limited to:
11. 1. 2. 2. Retention. CONTRACTOR shall retain all
records pertinent to expenditures incurred
under this Agreement for a period of five ( 5)
years after the expiration of this Agreement.
Notwithstanding the above, if there is litigation,
claims, audits, negotiations or other actions
that involve any of the records cited and that
have started before the expiration of the five-
year period, then such records must be
retained until completion of the actions and
resolution of all issues, or the expiration of the
three- year period, whichever occurs later.
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11. 1. 2. 3. Client Data. CONTRACTOR shall maintain client data demonstrating client eligibility for services
provided. Such information shall include, but
not be limited to, client name, address, income
level, or other basis for determining eligibility,
and description of service provided. Such
information shall be submitted to CITY or its
designees for review on a quarterly basis
outlined in Exhibit C - Scope of Work or
alternative form approved by CITY (Exhibit C).
11. 1. 2. 4. HMIS Reporting Requirements. CONTRACTOR
will collect and evaluate data to be entered
into the Homeless Management Information
System ( HMIS). The data will be entered into a
local HMIS using HUD' s and California
Interagency Council on Homelessness ( Cal
ICH) standards for participation.
11. 1. 2. 5. Proposed Outcomes Reporting. CONTRACTOR
will report proposed outcomes as stated in
Exhibit C " Description." Outcome reports will
be submitted monthly as part of
CONTRACTOR' s claim for payment and will be
required for satisfactory claim for payment as
described in section 4. 3 of this Agreement.
11. 1. 2. 6. Reporting Timeframe. CONTRACTOR will submit quarterly reports to City, with first report due
February 29, 2024, then quarterly thereafter
until May 31, 2025 or until funds are exhausted.
11. 1. 2. 7. Close - Outs. CONTRACTOR' s obligation to CITY shall not end until all close- out requirements
are completed. Activities during this close- out
period shall include, but are not limited to,
making final payments, disposing of program
assets ( including the return of all unused
materials, equipment, unspent cash
advances, program income balances, and
accounts receivable to CITY), and determining
the custodianship of records.
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11. 1. 2. 8. Audits and Inspections. All CONTRACTOR
records with respect to any matters covered
by this Agreement shall be made available to
CITY, its designee or the State Government, at
any time during normal business hours, as often
as CITY deems necessary, to audit, examine,
and make excerpts or transcripts of all relevant
data. Any deficiencies noted in audit reports
must be fully cleared by the CONTRACTOR
within 30 days after receipt by it. Failure of
CONTRACTOR to comply with the above audit
requirements will constitute a violation of this
Agreement and may result in the withholding
of future payments. CONTRACTOR hereby
agrees to have an annual audit conducted in
accordance with current CITY policies
concerning subrecipient audits.
11. 2. Personnel and Participant Conditions.
11. 2. 1. Nondiscrimination Requirements. During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment
because of sex ( gender), sexual orientation, gender
identity, gender expression, race, color, ancestry, religion, creed, national origin ( including language use restriction), pregnancy, physical disability ( including HIV and AIDS), mental disability, medical condition ( cancer/ genetic
characteristics), age ( over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave.
Contractors and subcontractors shall ensure that the
evaluation and treatment of their employees and
applicants for employment are free from such
discrimination and harassment. Contractor or
subcontractors shall comply with the provisions of the Fair Employment and Housing Act ( Government Code
section12990 ( a- f) et seq.) and the applicable regulations promulgated thereunder ( California Code of Regulations, Title 2, section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission
implementing Government Code section 12990 ( a- f), set forth in Chapter 5 of Division 4 of Title 2 of the California PKE
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Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other
agreement.
11. 2. 2. Conflict of Interest. All participants are subject to State and Federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in any subsequent contract being declared void.
Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code, sections 10410 and 10411, for State conflict of interest requirements.
11. 2. 3. Drug Free Workplace Certification. Certification of Compliance: Bysigning this Agreement, Contractor, and its subcontractors, hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug - Free Workplace Act of 1990
Government Code 8350 et seq.) See Exhibit " D".
11. 2. 4. Child Support Compliance Act. For any Contract Agreement in excess of $ 100, 000, the Contractor
acknowledges in accordance with Public Contract Code
7110, that:
11. 2. 4. 1. The Contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and
federal laws relating to child and family
support enforcement, including, but not limited
to, disclosure of information and compliance
with earnings assignment orders, as provided in
Chapter 8 ( commencing with section 5200) of
Part 5 of Division 9 of the Family Code; and
11. 2. 4. 2. The Contractor, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the
names of all new employees to the New Hire
Registry maintained by the California
Employment Development Department. ® pKFa
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11. 3. Environmental Conditions.
11. 3. 1. Environmental Considerations. CITY and CONTRACTOR want to assure that the policies of the California
Environmental Quality Act of 1970 ( CEQA), as amended,
are most effectively implemented, CITY shall comply with the CEQA review procedures ( Title 14, Section 15000 et. seq. of the California Administrative Code) in connection with this Project as rapidly as possible. Project delay occasioned by delay in the CEQA review procedures shall extend the estimated work completion period.
12. CITY' s OBLIGATIONS.
12. 1. Copy of Regulations and Statutes. CITY will make available to CONTRACTOR a copy of any regulation CITY enacts to facilitate administration of said Program.
13. CITY' S REMEDIES. If CONTRACTOR fails to materially comply with the terms of this Agreement, CITY, at its option, may suspend or terminate this Agreement and may demand CONTRACTOR return all funds granted to CONTRACTOR pursuant to this Agreement. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to CITY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances made the remedies incompatible.
13. 1. Concurrent Remedy. No right or remedy herein conferred on or reserved to CITY is exclusive of any other right or remedy herein or by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time.
14. MISCELLANEOUS.
14. 1. No Waiver of Default. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party' s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement.
14. 2. Binding Effect. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the
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Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.
14. 3. Merger and Modification. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire Agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by CITYCouncil and signed by all the parties.
14. 4. Corporate Authority. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
14. 5. Governing Law. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
14. 6. Notices. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:
If directed to CITY, addressed to:
CITY OF BAKERSFIELD
City Clerk
1600 Truxtun Ave.
Bakersfield, CA 93301
m
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If directed to CONTRACTOR, addressed to:
KERN COUNTY HOSPITAL AUTHORITY
Attn: Natalee Garrett
1700 Mt. Vernon Ave
Bakersfield, CA 93306
14. 7. Execution. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
14. 8. Assignment. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement ( including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited and shall be
unenforceable and otherwise null and void without the need for further action by the non -assigning party or parties.
14. 9. Negation of Partnership. CITY shall not become or be deemed a partner or joint venture with CONTRACTOR or associate in any such relationship with CONTRACTOR by reason of the provisions of this Agreement. CONTRACTOR shall not for any purpose be considered an agent, officer or employee of CITY.
14. 10. Conflicts of Interest. CONTRACTOR stipulates that corporately, or individually, the firm, its employees and sub - consultants have no financial interest in either the success or failure of any project which is dependent upon the result of the work prepared pursuant to this Agreement and funds provided for herein ( California Government Code Section 1090).
14. 11. Tax Numbers.
CONTRACTOR' S" Federal Tax Identification No. 47- 5618278.
CONTRACTOR" is a corporation? Yes No X
Please check one.)
Signatures on Following Page)
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IN WITNESSWHEREOF, the parties hereto have caused this Agreement to be executed the day and year first -above written.
CITY"
CITY OF BAKERSFIELD
By: WWWOMEW aRE4 ' K. GOH
Mayor
APPROVED S TO O TENT:
CITY MAP4AtERS FFI E
ANISONY V- At6EZAssistant
to theCity ManagerAPPROVED
AS TO FORM: VIRGINIA
GENNARO City
AttorneyqS
HUA
H. RUDNICKuty
City AttorneyII COUNTERSIGNE
By:
RA
D CK AN Finance
Director CONTRACTOR"
KERN
COUNTYHOSPITAL AUTHORITY By:
S
ott ThygersonChief
ExecutiveOfficer APPROVED
AS TO CONTENT: KERN
MEDICALCENTER dl
li• VP
StrategicDevelopment APPROVED
AS TO FORM: LEGAL
SERVICESDEPARTMENT Kern
CountyHospital Authority By:
NON
HOCHSTEINHospital
Counsel JHR:
ag Attachments:
Exhibit " A" - HHAP- 3 Stateof CaliforniaStandard Agreement Exhibit " B" - HHAP-4 Stateof CaliforniaStandard Agreement Exhibit " C" - Scope of WorkExhibit "
D" - Drug - Free WorkplaceCertification KERN
COUNTYHOSPITAL AUTHORITY P:\
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EXHIBIT " A"
HHAP- 3 STANDARD AGREEMENT
A- 1
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EXHIBIT " B"
HHAP- 4 STANDARD AGREEMENT
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City of Bakersfield
22- HHAP- 10021
Homeless Housing, Assistance, and Prevention Program Round 3 ( HHAP- 3) Standard Agreement
Initial Disbursement Contract for Funds
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
1) Authority
The State of California has established the Homeless Housing, Assistance, and Prevention Program Round 3 (° HHAP- 3" or " Program") pursuant to Chapter 6 commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code. ( Amended by Stats. 2021, Ch. 111, Sec. 4. (AB 140) Effective July 19, 2021.) The Program is administered by the California Homeless Coordinating and Financing Council (" HCFC") in the Business, ConsumerServicesand Housing Agency (" Agency"). HHAP- 3 provides flexible block grant funds to Continuums of Care, large cities ( population of 300, 000+) and counties to build on the regional coordination created through previous HCFC grant funding and support local jurisdictions in their unified regional responses to reduce and end homelessness.
ThisStandardAgreement/initial DisbursementContractfor Fundsalongwithall its exhibits (" Agreement") is entered into by the Agency and a Continuum of Care, a city, or a county (" Grantee") under the authority of, and in furtherance of the purposeof, the Program. In signingthis Agreementandtherebyacceptingthis award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the StandardAgreementto Applysignedandsubmittedby the Grantee Exhibit F), and the requirements appearing in the statutory authority for the Program cited above.
2) Purpose
The general purpose of the Program is to continue to build on regional coordination developed through previous rounds of funding of the Homelessness Emergency Aid Program (Chapter 5 (commencing with Section 50210)), the program established underthis chapter, and COVID-19fundingto reducehomelessness. Thisfunding shall:
a) Continue to build regional collaboration between continuums of care, counties, andcitiesin a givenregion, regardlessof population, and ultimatelybeusedto develop a unified regional response to homelessness.
b) Be paired strategically with other local, state, and federal funds provided to address homelessness in order to achieve maximum impact. Grantees of this funding are encouraged to reference Putting the Funding Pieces Together: „Guide Initial Y
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toStrategicUsesofNewandRecentStateandFederalFundstoPreventand End Homelessness in their planning efforts
c)
Bedeployedwiththegoalofreducingthenumberofpeopleexperiencing homelessnessinagivenregionthroughinvestinginlong-termsolutions, suchas permanent housing.
d)
IncludetheStateasanintegralpartnerthroughtheprovisionoftechnical assistance, sharingofbestpractices, andimplementinganaccountability frameworktoguidethestructureofcurrentandfuturestateinvestments.
Inaccordancewiththeauthoritycitedabove, aStandardAgreementtoApplywas submittedbytheGranteefortheinitialdisbursementofHHAP-3fundsto be allocatedto theGranteepursuantto HealthandSafetyCode50220.7(a)(4)(A). 3) Definitions
ThefollowingHHAP-3programtermsaredefinedinaccordancewithHealth and Safety Code section 50216, subdivisions ( a) — ( r):
a) "
Agency" meanstheBusiness, ConsumerServices, andHousingAgency. b) " Applicant" meansaContinuumofCare, city, orcounty.
c) "
City" meansacityorcityandcountythatislegallyincorporatedtoprovidelocal governmentservicesto its population. A city canbe organizedeitherunderthe generallawsofthisstateor underacharteradoptedbythelocalvoters. d) " ContinuumofCare" meansthesameasdefinedbytheUnitedStates DepartmentofHousingandUrbanDevelopmentat Section578.3 ofTitle24ofthe Code of Federal Regulations.
e) "
CoordinatedEntrySystem" meansacentralizedorcoordinatedprocess developedpursuantto Section578.7 of Title24 of the Codeof FederalRegulations, as thatsectionreadon January10, 2019, designedto coordinatehomelessness programparticipantintake, assessment, andprovisionofreferrals. Inordertosatisfy this subdivision, a centralizedor coordinatedassessmentsystemshallcoverthe geographicarea, beeasilyaccessedbyindividualsandfamiliesseekinghousingor services, be well advertised, and include a comprehensive and standardized assessment tool.
f) " Council" meanstheHomelessCoordinatingandFinancingCouncilcreated pursuant to Section 8257 of the Welfare and Institutions Code. g) " Emergencyshelter" hasthe samemeaningas definedin subdivision (e) of Section 50801.
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h) " Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the Codeof FederalRegulations, as thatsectionreadon January10, 2019. i) " Homeless Management Information System" means the information system designatedby a Continuumof Careto complywithfederalreportingrequirementsas defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term Homeless Management Information System" also includes the use of a comparable databasebya victimservicesproviderorlegalservicesproviderthatis permittedby the federal government under Part 576 of Title 24 of the Code of Federal Regulations.
j) " Homelesspoint -in -time count" meansthe 2019homelesspoint -in -timecount pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations. A jurisdictionmayelectto insteadusetheir2017point -in -timecountiftheycan demonstratethat a significantmethodologychangeoccurredbetweenthe2017and 2019point -in -timecountsthatwasbasedonanattemptto morecloselyalignthe count with HUD best practices and undertaken in consultation with HUD representatives. Ajurisdictionshallsubmitdocumentationofthisto theagencyby the dateby whichHUD's certificationof the2019 homelesspoint -in -time countis finalized. Theagencyshallreviewandapproveor denya requestdescribedin the previoussentencealongwithajurisdiction's applicationfor homelessfunding, k) " Homelessyouth" meansanunaccompaniedyouthbetween12and24yearsof age, inclusive, whois experiencinghomelessness, as definedin subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C.
Sec, 11434a( 2)). " Homelessyouth" includesunaccompaniedyouthwho are pregnant or parenting.
1) "HousingFirst" has the samemeaningas in Section8255of theWelfareand Institutions Code, including all of the core components listed therein. m) "
Jurisdiction" meansa city, citythatis also a county, county, or Continuumof Care, as defined in this section.
n) " Navigationcenter" meansa HousingFirst, low -barrier, service -enrichedshelter focusedonmovinghomelessindividualsandfamiliesintopermanenthousingthat provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
o) "
Program" meansthe HomelessHousing, Assistance, and Preventionprogram established pursuant to this chapter.
1) " Round1" oftheprogrammeansthefundingallocatedundertheprogramwith moneysappropriatedduringthefiscalyearbeginningon July 1, 2019. o{
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2) "
Round2" oftheprogrammeansthefundingallocatedundertheprogramwith moneysappropriatedduringthefiscalyearbeginningonJuly1, 2020. 3) "
Round3" oftheprogrammeansthefundingallocatedundertheprogramwith moneysappropriatedduringthefiscalyearbeginningonJuly1, 2021. 4) "
Round4" oftheprogrammeansthefundingallocatedundertheprogramwith moneysappropriatedduringthefiscalyearbeginningonJuly1, 2022. p) " Programallocation" meanstheportionofprogramfundsavailabletoexpandor developlocalcapacitytoaddressimmediatehomelessnesschallenges. q) " Recipient" meansajurisdictionthatreceivesfundsfromtheagencyforthepurposes of the program. r) "
Tribe" or "tribalapplicant' meansafederallyrecognizedtribalgovernment pursuantto Section4103of Title25 of the UnitedStatesCode.
AdditionaldefinitionsforthepurposesoftheHHAP-3 program; Obligate" meansthattheGranteehasplacedorders, awardedcontracts, received services, orenteredintosimilartransactionsthatrequirepaymentusingHHAP-3 funding. Grantees, andthesubrecipientswhoreceiveawardsfromthoseGrantees. mustobligatethe fundsby the statutorydeadlinesset forthin this ExhibitA.
Expended" meansallHHAP-3fundsobligatedundercontractorsubcontracthave beenfullypaidandreceipted, andnoinvoicesremainoutstanding, 4) Scope of Work
The Scope of Work (" Work") for this Agreement shall include uses that are consistentwith HealthandSafetyCode (HSC) section50218.6, subdivision (e), and section 50220. 7, subdivisions ( a)(4)-( 5) & ( f), and any other applicable laws.
Byacceptingthesefunds, theGranteeacknowledgesthatthisinitialdisbursementof fundsis a portionof their totalallocationunderthe HHAP-3 Program, to be used solelyforthepurposesoutlinedbelow, andthatinordertoreceivetheremaining balanceof its HHAP-3 programallocation, an applicantshallsubmitan applicationto thecouncilbyJune30, 2022, thatincludesa localhomelessnessactionplanand specific outcome goals in accordance with the requirements laid out in HSC § 50220. 7( b).
The Granteemayexpendthis initialdisbursementof fundsto completethelocal homelessnessactionplan, requiredby HSC § 50220.7(b)(3)(A), includingpayingfor anytechnicalassistanceor contractedentitiesto supportthe completionof the homelessness action plan.
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ForfundsnotspentontheGrantee's homelessnessactionplan, priorityforthese initialfundsshallbe for systemsimprovement, including, butnot limitedto, all of the following:
A) Capacitybuildingandworkforcedevelopmentforserviceproviderswithinthe jurisdiction, includingremovingbarrierstocontractingwithculturallyspecificservice providersand buildingcapacityof providersto administerculturallyspecificservices.
B) Fundingexistingevidence -basedprogramsservingpeopleexperiencing homelessness.
C) Investingin datasystemsto meetreportingrequirementsor strengthenthe recipient' s Homeless Management Information System.
D) Improving homeless point -in -time counts.
E) Improvingcoordinatedentrysystemstoeliminateracialbiasortocreateayouth - specific coordinated entry system.
ForanyremainingfundsnotspentontheGrantee's homelessnessactionplanor systemsimprovement, theGranteeshallexpendfundsonexistingevidence -based programsservingpeopleexperiencinghomelessnessamongeligiblepopulations, including any of the following eligible uses:
a)
Rapidrehousing, includingrentalsubsidiesand incentivesto landlords, suchas security deposits and holding fees.
b) Operatingsubsidiesinnewandexistingaffordableorsupportivehousingunits, emergencyshelters, andnavigationcenters. Operatingsubsidiesmayinclude operating reserves.
c) Streetoutreachto assistpersonsexperiencinghomelessnessto access permanent housing and services.
d) Servicescoordination, whichmayincludeaccessto workforce, education, and trainingprograms, orotherservicesneededtopromotehousingstabilityin supportive housing.
e)
Systemssupportfor activitiesnecessaryto createregionalpartnershipsand maintaina homelessservicesandhousingdeliverysystem, particularlyfor vulnerable populations including families and homeless youth. fl Deliveryof permanenthousingand innovativehousingsolutions, such as hotel and motel conversions.
g) Preventionandshelterdiversionto permanenthousing, includingrental subsidies.
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h)
Newnavigationcentersandemergencysheltersbasedondemonstratedneed.
Demonstratedneedforpurposesofthisparagraphshallbebasedonthe following:
i) Thenumberofavailableshelterbedsinthecity, county, orregionservedbyaContinuum of Care. ii) Thenumberofpeopleexperiencingunshelteredhomelessnessinthe homeless point -in -time count.
iii) Sheltervacancyratein thesummerandwintermonths.
iv) Percentageofexitsfromemergencyshelterstopermanenthousingsolutions. v) A plantoconnectresidentsto permanenthousing.
vi) AnynewinterimshelteringfundedbyHHAP-3 fundsmustbelowbarrier, complywithHousingFirstasprovidedinChapter6,5 (commencingwithSection 8255) ofDivision8oftheWelfareandInstitutionsCode, andprioritize interventions other than congregate shelters.
i)
Improvementstoexistingemergencyshelterstolowerbarriersandincrease privacy.
In additionto thefundinguse requirementsdescribedabove, the Grantee's expenditureofitsentireHHAP-3allocationmustalsocomplywiththefollowing:
a)
Atleast10percentofthefundsshallbespentonservicesforhomelessyouth populations.
b) Notmorethan7 percentoffundsmaybeusedforadministrativecostsincurred bythecity, county, orcontinuumof caretoadministeritsprogramallocation. For purposes of this Agreement, " administrative costs" does not include staff or other costsdirectlyrelatedto implementingactivitiesfundedbytheprogramallocation. 5) Agency Contract Coordinator
TheAgency's ContractCoordinatorfor this Agreementis the Council's Grant DirectorortheGrantDirector'sdesignee. Unlessotherwiseinstructed, anynotice, report, or other communication requiring an original Grantee signature for this Agreementshallbe mailedto the AgencyContractCoordinator. If thereare opportunitiesto sendinformationelectronically, Granteewillbenotifiedviaemailby the Council's Grant Director or the Grant Director's designee. a..
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The Representatives during the term of this Agreement will be:
PROGRAM GRANTEE
ENTITY: Business Consumer Services and
Housing Agency City of Bakersfield
SECTION/ UNIT: Homeless Coordinating and
Financing Council ( HCFC)
ADDRESS: 9i5 Capitol Mall Suite 350- A
Sacramento, CA, 95814
1600 Truxtun Ave Bakersfield, CA 93301
CONTRACT
COORDINATOR
Victor Duran Adelina Carter
PHONE NUMBER: 916) 510- 9442 661) 852- 7534
EMAIL ADDRESS: Victor. Duron@bcsh. ca.gov acarter@bakersfieldcity. us Allrequeststo updatetheGranteeinformationlistedwithinthisAgreementshallbe emailedtotheHHAPProgram'[email protected]. The Councilreservestherighttochangetheirrepresentativeand/orcontactinformation at any time with notice to the Grantee.
mentanDeadlinesEffectiveDate, Term of Afiree, d ._ a) This Agreement
is effective uponapprovalby the Agency (indicatedby the signatureprovided by Agency in the lowerleft sectionof page one, StandardAgreement, STD. 213), when signed by all parties. b) This
Agreement
shallterminate on October 1, 2026, orupon deliveryof the HHAP-3 final reportrequiredby HSC § 50223(b), whicheveris sooner. c) Grantee shall
submit an applicationforthe remainderof their HHAP-3 allocationbyJune 30, 2022 in compliancewithHSC § 50220.7( b). d) Grantee shall report on the activitiesfundedpursuantthis Agreementin the firstexpenditurereport submitted to the Councilafterdisbursementof the remainingfunds, as requiredby HSC §§ 50221and 50223. e) Grantees
that
are citiesor continuumsofcare shallcontractuallyobligateno less than50 percentof HHAP-3 funds byMay 31, 2024, If less than50 percentis obligatedafter May 31, 2024, continuumsof care andcitiesshallnot expendanyremainingportion of the 50percentof programallocationsrequired to have beenobligatedunless and until bothof the followingoccur: Initial v
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i)
OnorbeforeJune30, 2024, theGranteesubmitsanalternativedisbursement plantoHCFCthatincludesanexplanationforthedelay,
ii)
HCFCapprovesthealternativedisbursementplanorprovidestheGrantee withguidanceontherevisionsneededinordertoapprovethealternative disbursement plan.
NOIfthefundsidentifiedintheapprovedalternativedisbursementplanare notfullyexpendedbyDecember31, 2024, thefundsshallbereturnedtothe HCFC to be allocated as bonus awards.
fl Granteesthatarecountiesshallcontractuallyobligatethefull allocation (100percent) awardedtothembyMay31, 2024. Anyfundsthatare notcontractuallyobligatedbythisdateshallberevertedtotheContinuumof Carethatservesthecounty. SpecifictoLosAngelesCounty, fundsthatarenot contractuallyobligatedbythisdateshallbedividedproportionatelyusingthe HHAP-3fundingallocationformulaamongthefourCoC'sthatserveLosAngeles County: CityofGlendaleCoC, CityofPasadenaCoC, theCityofLong BeachCoC, andtheLosAngelesHomelessServicesAuthority.
CountiesnotobligatingtheirfullprogramallocationbyMay31, 2024arerequired tonotifyHCFC, onor beforethatdate, ofthenameoftheCoC(s) inwhichthe countyisserved, andtheamountofprogramfundsthatwillberevertedto the CoC( s). ByJune30, 2024, the countyshallprovideHCFCwith evidencethat thefundsweretransferredandsubmitanupdatedbudgetthatclearlyidentifies the funds that were transferred.
g) Grantees that do not meet the expenditure deadlines in HSC § 50220. 7( k) shall notbe eligiblefor bonusfunding.
h) HHAP-3 fundsshallbeexpendedby June30, 2026
i) In accordancewith Healthand SafetyCodesection50220.5, subdivision (1), HCFCretainstherightto requirea correctiveactionplanofgranteesthatarenot on trackto fully expendfundsby the statutorilyrequireddeadline.
J) Any fundsnot expendedby June30, 2026shallbe availablefor round4 of the program pursuant to HSC § 50218. 7,
7) Special Conditions
Agencyreservestherightto addanyspecialconditionstothisAgreementit deems necessary to ensure that the goals of the Program are achieved.
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HomelessHousing, Assistance, andPreventionProgramRound3 (HHAP-3) Standard Agreement
IW :
BUDGETDETAIL. and DISBURSEMENTPROVISIONS
1) Budget Detail & Changes
TheGranteeagreesthatHHAP-3fundsshallbeexpendedonusesthatsupport regionalcoordinationandexpandordeveloplocalcapacityto addressimmediate homelessnesschallenges, Suchactivitiesmustbeinformedbyabest -practices frameworkfocusedonmovingpeopleexperiencinghomelessnessintopermanent housingandsupportingtheeffortsofthoseindividualsandfamiliesto maintaintheir permanent housing.
TheGranteeshallexpendthisinitialdisbursementofHHAP-3fundsoneligible activitiesasdetailedin HealthandSafetyCodeSection50220.7, subdivisions a)( 4)( B), ( a)( 5), ( e), and ( f).
2) General Conditions Prior to Disbursement
AllGranteesmustsubmitthefollowingformspriortoHHAP-3fundsbeingreleased:
Request for Funds Form (" RFF")
STD213StandardAgreementformandinitialedExhibitsA throughF STD204PayeeDataRecordorGovernmentAgencyTaxpayerIDForm
3) Disbursement of Funds
HHAP-3fundswillbedisbursedtotheGranteeuponreceipt, reviewandapprovalof thecompletedStandardAgreementandRFFbyAgency, theDepartmentof General Services (DGS) andthe StateController's Office (SCO).
TheRFFmustincludetheproposedeligibleusesandtheamountoffundsproposed forexpenditureundereacheligibleuse. ThisinitialdisbursementofHHAP-3funds willbedisbursedinoneallocationviamailedcheckoncetheRFFhasbeenreceived bytheSCO. Checkswillbemailedtotheaddressandcontactnamelistedonthe RFF. Granteeagreesthatinordertoreceivetheremainingbalanceoftheallocation awarded to them pursuant HSC § 50218. 6( a)( 1), Grantee must submit an application that meets the requirements of HSC § 50220.7(b) and this application must be approvedbyHCFCpriortoaseconddisbursementoffunds, Additionally, Grantee willberequiredtoenterintoa separateStandardAgreementinorderto receivetheir remaining allocation.
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4) Expenditure of Funds
ThisinitialdisbursementofHHAP-3fundsmustbespentinaccordancewithHSC sections 50218.6(e) and 502203, subdivisions (a)( 4)( B), ( a)( 5), ( e), and ( f), as describedin ExhibitA, Section4 "Scopeof Work".
5) Ineligible Costs
HHAP-3fundsshallnotbeusedforcostsassociatedwithactivitiesinviolationof anylaworforanyactivitiesnotconsistentwiththeintentoftheProgramand theeligibleusesidentifiedinHealthandSafetyCodesection50220.7, subdivisionsa)( 4)( B), ( a)( 5), ( e), and ( f).
HCFCreservestherighttorequestadditionalclarifyinginformationtodeterminethe reasonablenessandeligibilityofallusesofthefundsmadeavailablebythis Agreement. IftheGranteeoritsfundedsubrecipientsuseHHAP-3fundstopayforineligibleactivities, theGranteeshallberequiredtoreimbursethesefunds to Agency.
AnexpenditurewhichisnotauthorizedbythisAgreement, orbywrittenapprovalof theGrantManagerorhis/herdesignee, orwhichcannotbeadequatelydocumented, shallbedisallowedandmustbereimbursedtoAgencybytheGrantee.
HCFC, atitssoleandabsolutediscretion, shallmakethefinaldetermination regarding the allowability of HHAP-3 fund expenditures.
Programfundsshallnotbeusedtosupplantexistinglocalfundsforhomeless housing, assistance, or prevention.
ReimbursementsarenotpermittedinHHAP-3foranyexpenditurespriortothedate of execution of this Agreement.
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Homeless Housing, Assistance, and Prevention Program Round 3 ( HHAP- 3) Standard Agreement
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1) Termination and Sufficiency of Funds
a) Termination of Agreement
AgencymayterminatethisAgreementat anytime for causeby givinga minimum of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist of violationsof anyconditionsof this Agreement, any breachof contractas describedin paragraph6 of this ExhibitC; violationof anyfederalor state laws; or withdrawal of Agency's expenditure authority. Upon termination of this Agreement, unlessotherwiseapprovedin writingby Agency, any unexpended fundsreceivedby the Granteeshallbe returnedto Agencywithin30 days of Agency' s notice of termination.
b) Sufficiency of Funds
ThisAgreementis validandenforceableonly if sufficientfundsare made available to Agency by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of anyagency, department, or any politicalsubdivisionof thefederalor State of Californiagovernments, whichmayaffecttheprovisions, termsorfundingof this Agreement in any manner.
2) Transfers
Granteemaynottransferor assignby subcontractor novation, or by anyother means, the rights, duties, or performanceof this Agreementor any partthereof, except as allowed within Exhibit C Section 12 ( Special Conditions — Grantees/ Sub Grantee) or with the priorwrittenapprovalof HCFCanda formalamendmentto this Agreement to affect such subcontract or novation.
3) Grantee' s Application for Funds
Pursuant to HSC § 50220. 7( a)( 1), Grantee is required to submit to HCFC an application for the remainder of their HHAP- 3 allocation to support regional coordination and expand or develop local capacity to address its immediate homelessness challenges.
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4) Report! ng/ Audits
a) Reporting Requirements
i)
ActivitiesfundedunderthisAgreementshallbereportedoninthefirst expenditurereportsubmittedto HCFCfollowingthe disbursementof the remainingfunds. IftheGranteefailstoprovidesuchdocumentation, HCFC may recaptureany portionof the amountauthorizedby thisAgreementwitha 14-day written notification.
ii)
GranteeisalsorequiredtocomplywiththereportingrequirementsinHSC § 50221 and 50223, as applicable
b) Auditing
Agencyreservestherighttoperformorcausetobeperformedafinancialaudit, AtAgencyrequest, theGranteeshallprovide, atitsownexpense, afinancial auditpreparedbyacertifiedpublicaccountant. HHAP-3 administrativefunds maybeusedtofundthisexpense. Shouldanauditberequired, theGranteeshall adhere to the following conditions:
i)
Theauditshallbeperformedbyanindependentcertifiedpublicaccountant. ii) TheGranteeshallnotifyAgencyof theauditor's nameandaddress immediatelyaftertheselectionhasbeenmade. Thecontractfortheaudit shallallowaccessbyAgencytotheindependentauditor'sworkingpapers. iii) TheGranteeis responsibleforthecornpletionofauditsandallcostsof preparing audits.
iv) If thereareauditfindings, theGranteemustsubmita detailedresponse acceptableto Agencyfor eachauditfindingwithin90 daysfromthedateof the audit finding report.
5) Inspection and Retention of Records
a) Record Inspection
HCFCoritsdesigneeshallhavetherighttoreview, obtain, andcopyallrecords andsupportingdocumentationpertainingto performanceunderthisAgreement.
TheGranteeagreestoprovideHCFC, oritsdesignee, withanyrelevant informationrequested. TheGranteeagreestogiveHCFCor itsdesigneeaccess to its premises, uponreasonablenoticeandduringnormalbusinesshours, for thepurposeofinterviewingemployeeswhomightreasonablyhaveinformation relatedto suchrecords, andof inspectingandcopyingsuchbooks, records, accounts, and other materials that may be relevant to
aninvestigationofcompliancewiththeHomelessHousing, Assistance, and PreventionProgramlaws, theHHAP-3programguidancedocumentpublished on the website, and this Agreement.
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In accordance with Health and Safety Code section 50220.7, subdivision (m), if uponinspectionof recordsHCFCidentifiesnoncompliancewith grant requirements. HCFCretainsthe rightto imposea correctiveactionplanonthe Grantee.
b) Record Retention
TheGranteefurtheragreesto retainall recordsdescribedin subparagraphA for a minimum period of five ( 5) years after the termination of this Agreement.
If any litigation, claim, negotiation, audit, monitoring, inspectionor otheraction has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.
6) Breach and Remedies
a) Breach of Agreement
Breachof thisAgreementincludes, butis notlimitedto, thefollowingevents:
i) Grantee's failureto complywith the termsor conditionsof this Agreement. ii) Useof, or permittingthe use of, HHAP-3 fundsprovidedunderthis Agreement for any ineligible activities.
iii) Any failure to comply with the deadlines set forth in this Agreement. b) Remedies for Breach of Agreement
InadditiontoanyotherremediesthatmaybeavailabletoAgencyinlaworequity for breachof this Agreement, Agencymay:
i) Bar the Grantee from applying for future HHAP funds; ii) Revoke any other existing HHAP-3 award(s) to the Grantee; iii) Require the return of any unexpended HHAP-3 funds disbursed under this Agreement;
iv) Require repayment of HHAP-3 funds disbursed and expended under this Agreement;
v)
Require the immediate return to Agency of all funds derived from the use of HHAP- 3 funds
vi) Seek, in a courtof competentjurisdiction, an orderfor specificperformanceof the defaulted obligation or participation in the technical assistance in accordance with HHAP- 3 requirements.
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d) Agencymaygive writtennoticeto the Granteeto curethe breachor violation within a period of not less than 15 days.
7) Waivers
NowaiverofanybreachofthisAgreementshallbeheldtobeawaiverofanyprior orsubsequentbreach. ThefailureofAgencyto enforceat anytimetheprovisionsof thisAgreement, orto requireat anytime, performancebytheGranteeofthese provisions, shallinnowaybeconstruedtobeawaiverofsuchprovisionsnorto affectthevalidityofthisAgreementortherightofAgencyto enforce these provisions.
8) Nondiscrimination
DuringtheperformanceofthisAgreement, Granteeanditssubrecipientsshallnot unlawfullydiscriminate, harass, orallowharassmentagainstanyemployeeor applicantfor employmentbecauseof sex (gender), sexual orientation, gender identity, genderexpression, race, color, ancestry, religion, creed, nationalorigin including language use restriction), pregnancy, physicaldisability (includingHIVandAIDS), mentaldisability, medicalcondition (cancer/geneticcharacteristics), age over 40),
geneticinformation, maritalstatus, militaryandveteranstatus, anddenial ofmedicalandfamilycareleaveorpregnancydisabilityleave. GranteesandSub granteesshallensurethattheevaluationandtreatmentoftheiremployeesand applicantsforemploymentarefreefromsuchdiscriminationandharassment.
GranteeanditssubrecipientsshallcomplywiththeprovisionsofCalifornia'slaws againstdiscriminatorypracticesrelatingto specificgroups: the CaliforniaFair Employmentand HousingAct (FEHA) (Gov. Code, § 12900 et seq.); the regulations promulgated thereunder ( Cal. Code Regs., tit. 2, § 11000 et seq.); and the provisionsof Article9.5, Chapter1, Part 1, Division3, Title2 of the Government Code ( Gov. Code, §§ 11135 - 11139. 5). Granteeanditssubrecipientsshallgive writtennoticeof theirobligationsunderthisclauseto labororganizationswithwhich theyhavea collectivebargainingor otheragreement.
9) Conflict of Interest
All Granteesare subjectto stateandfederalconflictof interestlaws. For instance, Health and Safety Code section 50220.5, subdivision (i) states, " For purposesofSection1090oftheGovernmentCode, arepresentativeofacounty servingonaboard, committee, orbodywiththeprimarypurposeofadministering fundsormakingfundingrecommendationsforapplicationspursuantto thischapter shallhavenofinancialinterestinanycontract, program, orprojectvotedonbythe board, committee, orbodyonthebasisofthereceiptofcompensationforholding publicofficeor publicemploymentas a representativeof the county." Failureto complywiththeselaws, includingbusinessandfinancialdisclosure provisions, willresultintheapplicationbeingrejectedandanysubsequentcontract beingdeclaredvoid. Otherlegalactionmayalso betaken, Additionalapplicable Initial
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statutesinclude, butarenotlimitedto, GovernmentCodesection1090andPublicContractCodesections10410and 10411. a)
CurrentStateEmployees: NoStateofficeroremployeeshallengageinanyemployment, activity, orenterprisefromwhichtheofficeroremployeereceives compensationorhasafinancialinterest, andwhichissponsoredorfundedbyanyStateagency, unlesstheemployment, activity, orenterpriseisrequiredasaconditionofregularStateemployment. NoStateofficeroremployeeshall contractonhisorherownbehalfasanindependentGranteewithanyStateagency to provide goods or services. b)
FormerStateEmployees: Forthetwo-yearperiodfromthedateheorsheleftStateemployment, noformerStateofficeroremployeemayenterintoacontract inwhichheorsheengagedinanyofthenegotiations, transactions, planning, arrangements, oranypartofthedecision -makingprocessrelevanttothe contractwhileemployedinanycapacitybyanyStateagency. Forthetwelve- monthperiodfromthedateheorsheleftStateemployment, noformerState officeroremployeemayenterintoacontractwithanyStateagencyifheorshewasemployedbythatStateagencyinapolicy -makingpositioninthesame generalsubjectareaastheproposedcontractwithinthetwelve-monthperiodpriorto his or her leavingStateservice. c)
EmployeesoftheGrantee: EmployeesoftheGranteeshallcomplywithall applicableprovisionsoflawpertainingtoconflictsofinterest, includingbutnotlimitedtoanyapplicableconflictofinterestprovisionsofthePoliticalReformAct of 1974 ( Gov. Code, § 81000 et seq.). d)
RepresentativesofaCounty: Arepresentativeofacountyservingonaboard, committee, orbodywiththeprimarypurposeofadministeringfundsormakingfundingrecommendationsforapplicationspursuanttothischaptershallhavenofinancialinterestinanycontract, program, orprojectvotedonbytheboard, committee, orbodyonthebasisofthereceiptofcompensationforholdingpublicofficeorpublicemploymentasarepresentativeofthecounty. 10) Dru - Free Work lace Certification
CertificationofCompliance: BysigningthisAgreement, Granteeherebycertifies, underpenaltyofperjuryunderthelawsofStateofCalifornia, thatitandits subrecipientswillcomplywiththerequirementsoftheDrug -FreeWorkplaceActof1990 ( Gov. Code, § 8350 et seq.) andhaveorwillprovideadrug -freeworkplacebytaking the following actions:
Publishastatementnotifyingemployeesandsubrecipientsthatunlawful manufacturedistribution, dispensation, possession, oruseofacontrolledsubstanceisprohibitedandspecifyingactionstobetakenagainstemployees, Grantees, or subrecipientsforviolations, asrequiredbyGovernmentCodesection8355, subdivision ( a)( 1).
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a) Establish a Drug -Free Awareness Program, as required by Government Code section 8355, subdivision ( a)( 2) to inform employees, Grantees, or subrecipients about all of the following:
i) The dangers of drug abuse in the workplace;
ii) Grantee's policy of maintaining a drug -free workplace, M) Any availablecounseling, rehabilitation, andemployeeassistanceprogram; and
Iv) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations.
b) Provide, as required by Government Code section 8355, subdivision (a)(3), that every employee and/ or subrecipient that works under this Agreement:
I) Will receive a copy of Grantee's drug -free policy statement, and ii) Will agree to abide by terms of Grantee' s condition of employment or subcontract.
11) Child Support Compliance Act
For any Contract Agreement in excess of $ 100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:
a)
The Granteerecognizestheimportanceof childand familysupportobligations andshallfullycomplywith all applicablestateandfederallaws relatingto child and family support enforcement, including, but not limited to, disclosure of informationandcompliancewithearningsassignmentorders, as providedin Chapter8 (commencingwithsection5200) of Part5 ofDivision9 oftheFamily Code: and
b) The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
12) Special Conditions — Grantees/ Subgrantee
The Granteeagreesto complywithall conditionsof this Agreementincluding the Special Conditions set forth in Exhibit D. These conditions shall be met to the satisfaction of Agency prior to disbursement of funds. The Grantee shall ensure that all Subgranteesare madeawareof and agreeto complywithall the conditionsof AC" O c
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thisAgreementandtheapplicableStaterequirementsgoverningtheuseofHHAP-3 funds. Failureto complywiththeseconditionsmayresultinterminationofthis Agreement.
a)
TheAgreementbetweentheGranteeandanySubgranteeshallrequire the Granteeand its Subgrantees, if any, to:
i)
PerformtheworkinaccordancewithFederal, StateandLocalhousingandbuilding codes, as applicable. ii) MaintainatleasttheminimumState -requiredworker's compensationfor thoseemployeeswhowillperformtheworkoranypartofit.
iii) Maintain, asrequiredbylaw, unemploymentinsurance, disabilityinsurance, andliabilityinsuranceinanamountthatisreasonabletocompensateany person, firmorcorporationwhomaybeinjuredordamagedbytheGranteeor anySubgranteein performingtheWorkoranypartof it.
iv) Agreeto includeall the termsof this Agreementin eachsubcontract. 13)GompliancewithStateandFederalLaws, RulesGuidelinesandRegulations TheGranteeagreesto complywithallstateandfederallaws, rulesandregulations thatpertaintoconstruction, healthandsafety, labor, fairemploymentpractices, environmentalprotection, equalopportunity, fair housing, and all othermatters applicableand/or relatedto the HHAP-3 program, the Grantee, its subrecipients, and all eligible activities.
Granteeshallalsoberesponsibleforobtaininganyandallpermits, licenses, and approvalsrequiredforperforminganyactivitiesunderthisAgreement, including thosenecessarytoperformdesign, construction, oroperationandmaintenanceof theactivities. Granteeshallberesponsibleforobservingandcomplyingwithany applicablefederal, state, andlocallaws, rulesorregulationsaffectinganysuchwork, specificallythoseincluding, butnot limitedto, environmentalprotection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to HCFC upon request. 14) lnspections
a)
Granteeshallinspectany workperformedhereunderto ensurethatthe workis beingand hasbeen performedin accordancewith the applicablefederal, state and/ or local requirements, and this Agreement.
b) HCFCreservesthe rightto inspectany workperformedhereunderto ensurethat the work is beingand has beenperformedin accordancewith the applicable federal, state and/or local requirements, and this Agreement.
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c)
Granteeagreesto requirethat all workthat isdeterminedbasedon such inspectionsnotto conformto the applicablerequirementsbe correctedandto withhold payments to the subrecipient until it is corrected. 15) Litigation
a)
IfanyprovisionofthisAgreement, oranunderlyingobligation, isheldinvalidbya courtof competentjurisdiction, suchinvalidity, at the solediscretion ofAgency, shallnotaffectany otherprovisionsof thisAgreementandthe remainderof thisAgreementshall remainin fullforce and effect. Therefore, the provisions of this Agreement are and shall be deemed severable. b)
TheGranteeshallnotifyHCFCimmediatelyofanyclaimoractionundertakenby oragainstit, whichaffectsormayaffectthisAgreementorAgency, andshalltake suchactionwithrespectto theclaimoractionasisconsistentwiththetermsof this Agreementandthe interestsofAgency.
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HomelessHousing, Assistance, andPreventionProgramRound3 (HHAP-3) Standard Agreement
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1)
Allproceedsfromanyinterest -bearingaccountestablishedbytheGranteeforthe depositof HHAP-3funds, alongwithanyinterest -bearingaccountsopened bysubrecipientstotheGranteeforthedepositofHHAP-3funds, mustbeusedfor HHAP-3-eligibleactivitiesandreportedonasrequiredbyAgency. 2) PerHealthandSafetyCodeSection50220.7 (g), any housing -related activities fundedwithHHAP-3funds, includingbutnotlimitedtoemergencyshelter (perHSC50220, 7( e)( 8)( F)), rapid -rehousing, rentalassistance, transitionalhousingand permanentsupportivehousing, mustbe in complianceor otherwisealignedwith the corecomponentsof HousingFirst, as describedin Welfareand Institutions Code section 8255, subdivision (b). Individuals and families assisted with thesefundsmustnotberequiredtoreceivetreatmentorperformanyother prerequisiteactivitiesas a conditionfor receivingshelter, housing, or otherservices forwhichthesefundsareused. Inaddition, HHAP-3fundingshallbeusedtoadopta HousingFirstapproachwithintheentirelocalhomelessnessresponsesystem, includingoutreachandemergencyshelter, short-terminterventionslikerapidre- housing, andlonger -terminterventionslikesupportivehousing. 3)
GranteeshallutilizeitslocalHomelessManagementInformationSystem (HMIS) to trackHHAP-3-fundedprojects, services, andclientsserved. Granteewillensurethat HMISdataarecollectedinaccordancewithapplicablelawsandinsuchawayasto identifyindividualprojects, services, andclientsthataresupportedbyHHAP-3 funding (e.g., bycreatingappropriateHHAP-3-specificfundingsourcesandproject codes in HMIS).
4)
Granteeshallparticipateinandprovidedataelements, including, butnotlimitedto, healthinformation, ina mannerconsistentwithfederallaw, tothestatewide HomelessManagementInformationSystem (knownas the HomelessData Integration System or " HDIS"), in accordancewiththeirexistingDataUse AgreemententeredintowiththeCouncil, if any, andasrequiredbyHealthand SafetyCodesection50220.6. Any healthinformationprovidedto, or maintained within, the statewideHomelessManagementInformationSystemshallnotbe subjectto publicinspectionor disclosureunderthe CaliforniaPublicRecordsAct Chapter3.5 (commencingwith Section6250) of Division7 of Title 1 of the Government Code). For purposes of this paragraph, "health information" means protected health information," as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and " medical information," as defined in subdivision 0) of Section56.05oftheCivilCode. TheCouncilmay, asrequiredbyoperational necessity, amend or modify required data elements, disclosure formats, or disclosurefrequency. Additionally, theCouncil, at itsdiscretion, mayprovide Initial
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GranteewithaggregatereportsandanalyticsofthedataGranteesubmitsto HDISin supportofthePurposeofthisAgreementandtheexistingDataUseAgreement. 5)
GranteeagreestoaccepttechnicalassistanceasdirectedbyHCFCorbya contractedtechnicalassistanceprovideractingonbehalfof HCFCandreportto HCFConprogrammaticchangesthegranteewillmakeasa resultofthetechnical assistanceandin supportof their grantgoals.
6)
Granteeagreestodemonstrateacommitmenttoracialequityand, perSection 50222 ( a)( 2)( B), the granteeshallusedata providedthroughHDISto analyzeracial disproportionalityin homelesspopulationsand, inpartnershipwithHCFC, establish clearmetricsandperformancemonitoringforachievingequityinprovisionof servicesandoutcomesforBlack, Native, andIndigenous, Latinx, Asian, Pacific IslandersandotherPeopleofColorwhoaredisproportionatelyimpactedbyhomelessness and COVID- 19. 7) Granteeshouldestablisha mechanismforpeoplewithlivedexperienceof homelessnesstohavemeaningfulandpurposefulopportunitiestoinformandshape alllevelsof planningandimplementation, includingthroughopportunitiesto hire people with lived experience.
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HomelessHousing, Assistance, andPreventionProgramRound3 (HHAP-3) Standard Agreement
EXHIBIT E
STATEOFCALIFORNIAGENERALTERMSANDCONDITIONS
Thisexhibitisincorporatedbyreferenceandmadepartofthisagreement. TheGeneral TermsandConditions (GTC04/2017) canbeviewedatthefollowinglink:
https:// www. dgs. ca. gov/-/ media/Divisions/OLS/Resources/GTC April 2017 FINALapnl2017.pdf?la=en&hash=3A64979F777D5B9D35309433EE81969FD69052D2 IntheinterpretationofthisAgreement, anyinconsistenciesbetweentheStateof California General Terms and Conditions (GTC - 04/2017) and the terms of this Agreementanditsexhibits/attachmentsshallberesolvedinfavorofthisAgreementand its exhibits/ attachments.
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Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3) Standard Agreement
EXHIBIT F
STANDARD AGREEMENT TO APPLY
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City gf,Bakersfieid
Business, ConsumerServicessnd HousingAgency )( OMEtEssC&i44WAQY10021 qkGavinNewsom, GovernorI LourdesM. CastroitArnilry. Senetar-y AND FiKAW1th trcS Of 26
HomelessHousing, Assistance, and PreventionProgramRound3 (HHAP-3) Standard Agreement to Apply
HHAP-3 funding is provided pursuant to Health & SafetyCode 50220.7(a) and requiresall eligible applicantstosubmitthisStandardAgreementtoApplynolaterthan5:00pmonOctober15, 2021. Inthis agreement, applicantsmustindicatewhethertheyintendtoapplyforHHAP-3fundingjointlywithanoverlappingjurisdictionorapplyasanindividualentity. Foranyeligibleapplicantwhodoesnotsubmit anagreementbythedeadline, HCFCmaychoosetore -allocatetheapplicant'sallocationtocn overlapping jurisdiction i.
EligibleapplicantsapplyingjointlywithanoverlappingjurisdictionwilldesignateoneofthejointlyapplyingjurisdictionsastheAdministrativeEntitywhichwillenterintocontractwiththeHCFCto administerthecombinedallocationsofthejointapplicants. ApplicantsmayonlyapplyjointlywithaContinuumofCare (CoC), largecity, orcountythatservesanoverlappingregion. TheAdministrative EntityisrequiredtosubmitabindingresolutionoragreementthatdesignatesasingleAdministrative Entityforthecombinedallocationsandonexplanationofhowthejointlyapplyingapplicantswill administerthefundsallocatedtothempursuanttothissection. Thisbindingresolutionoragreement mustbesignedbytheauthorizedrepresentativesofallapplicantsandmustbesubmittedwiththe signedHHAP-3InitialDisbursementContractforFunding, separatefromtheStandardAgreementto Apply.
Bysubmittingthisform, youagreetoparticipateIntheHHAP-3applicationprocessasindicatedbelow andcomplywithallrequirementsassetforthInHealthandSafetyCode50220.7,
APPLICATIONSUBMISSIONINFORMATION
ALL APPLICANTS:
Eligible Applicant Jurisdiction
LargeCity: Bakersfield
Continuum of Care:
AdministrativeEntity: CityofBakersfield
Contact Person: Adelina Carter
Title: HomelessServices Principal Planner
Contact PhoneNumber: 661- 852-7534
Contact Email Address: acarter@bakersfieldcity. us
Individual or Joint Application Designation:
County:
CoC Number;-
r7l City of Bakersfield will submit an Individual application for HHAP-3 funding
willsubmita jointapplicationforHHAP-3funding
with the following overlapping jurisdiction(s):
1ForthepurposesoftheHHAPprogram, overlappingjurisdictionsareeligibieapplicantsthatarelocatedwithinthe some geographic area as the local CoC.
HHAP-3 Agreement to Apply
Published 9/ 15/ 2071
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Jurisdiction Name I ApplicantType (County, Cod, o
JOINT APPLICANTS ONLY:
fund Disbursement/ Contract Execution
Thejoinfly applying jurisdictionsdesignate the following jurisdictionas the Administrative Entityof the total combined allocations and acknowledge that the Administrative Entity will enter into legal agreementwithHCFCandreceiveanydisbursementsforwhichthejointlyapplyingjurisdictionsmaybe deemed eligible.
Administrative Entity:
CoC Large City County
Name of Applicant:
Joint Applicants agree to the following:
1. Joint Applicants mustdesignate a singleAdministrativeEntityto receive the entire combined HHAP- 3 allocations.
2. The Administrative Entity must be a CoC, large city ( if applicable), or county that serves the some region.
3. The Administrative Entity receiving allocations on behalf of joint applicants shall use the funds in the jurisdictions) entitled to the fundsor to provide regional housingor servicesthat servethe population living in each of the jurisdiction( s) entitled to the funds.
4. TheAdministrative Entityisresponsiblefor complying with all program expenditure requirementsand deadlines for the total combined allocations it isadministering.
5. TheAdministrativeEntitymustenter into a binding resolutionor agreement with joint applicants to designate the Administrative Entity for the combined allocations which includes an explanation of howthejointlyapplyingapplicantswilladministerthefundsallocatedto them. Thisbinding resolution or agreement must be signed by authorized representatives and will be included with the contract for funds.
6. TheHHAP-3jointapplicationwillclearlyidentifytheintendeduseof allthefundsfromeachjointly applying jurisdiction.
7. TheHHAP-3jointapplicationwillclearlydescribeindetailthecollaborationbetweenthejointly applyingjurisdictionsandan explanationof howthejointlyapplyingjurisdictionswillpartnerto meet their program goals.
8. TheperformancegoalssetintheHHAP-3jointapplicationwillbe usedto determinethejoint applicants' eligibility for future bonus funding.
HHAP- 3 Agreement to Apply
Published 9/ 15/ 2021
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HHAP- 3 APPLICATION REQUIREMENTS Page 25 of 26
Application Requirements— ALL APPLICANTS:
Byinitialingbelow, the eligibleoppllcant(s) acknowledgestheirintentto participatein theHHAP-3 application process as follows:
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theeligibleapplicants) willreceiveaninitialdisbursementequalingnomorethan20% (or 25% forjointlyapplyingapplicants) oftheirtotalallocationifthisAgreementtoParticipateissubmittedby5:00pm on October 15, 2021 per HSC50220.7(a)( 4)(A)(11).
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Initialfundsmaybeusedtocompletethelocalhomelessactionplan, asrequiredbyHSC 50220,7(b) (3) (A), includingpayingforanytechnicalassistanceorcontractedentitiesto supportthe completion of the homelessness action plan.
I% As stated in HSC § 50220.7(a) (5), priorityforinitialfunds, abovethecostsofcompletingthe homelessnessactionplan, shallbe forsystemsimprovement, including, but notlimitedto, allof the following;
A) Capacitybuildingandworkforcedevelopmentfor serviceproviderswithinthe jurisdiction, includingremovingbarrierstocontractingwithculturallyspecificservice providersand building capacity of providersto administerculturally specific services.
B) Fundingexistingevidence -basedprogramsservingpeopleexperiencing homelessness.
C) Investingindate systemsto meetreportingrequirementsorstrengthentherecipient's Homeless Management Information System.
D) Improving homeless point -in -time counts.
E) Improvingcoordinatedentrysystemstoeliminoteracialbiasortocreatea youth - specific coordinated entry system.
Toreceive the remaining balance of itsround 3 program allocation, on applicant shallsubmit on applicationto thecouncilby June30, 2022, that includesa localhomelessnessactionplanand specific outcome goals in accordance with the requirements laid out in HSC § 50220. 7( b).
Theapplicantshallengagewiththecouncilonitslocalplan and outcomegoalsbefore submitting a complete application, per HSC § 50220. 7( b) ( 1).
Forcity, county, andcontinuumof care applicants, localhomelessnessactionplanspursuant to HSC § 50220.7(b) (3) (A) and outcome goals pursuant to HSC § 50220. 7(b) (3) (C) shall be agendized at a regularmeetingofthegoverningbody, includingreceivingpubliccomment, beforebeingsubmitted to the council, per HSC § 50220. 7( b)( 2),
A complete application shall conform to the requirements laid out in HSC § 50220. 7( b)( 3) FORM CONTINUES ON PAGE 4
HHAr, 3 Agreement to Apply
Published 9115/ 2021
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HHAP- 3 GRANTEE AWARD DISBURSEMENT INFORMATION Page 26 of 26 ALL APPLICANTS:
Instructions: Pleasefillouttheinformationbelow, whichisneededto processyourHHAPRound 3 ( HHAP- 3) initial award disbursement:
Administrative Entity/ Contracting Agency Name
City of Bakersfield
Administrative Entity/Contracting Agency BusinessAddress 1600 Truxtun Ave, Bakersfield, CA 93301
Contract Manager Name
Adelina Carter
Contract Manager Email Address
acarter@bakersfieldcity. us
Contract Manager Phone Number
661- 852- 7534
Award Check Mailing Address ( Include " Attentfon to:" ff applicable) a FS<<I r'S-' i e lit) C u>' am i
AVIACvvnwtuvAi+j l7Eve n' tic t
Mt- ASSoCuRdYa C k Y, 3 1— ,• i
l taco Vksc+ Ave, .
c. terS i 1 CJA q33
Forgranteeswho havepreviouslycontractedwithBCSH, inorderto reducetheamountof paperworkneededto processyourHHAP-3award, HCFCisofferingtheopportunitytousethe TaxIDForm (GovernmentTaxpayerIDFormforgovernmentalentitiesorSTD204Formfornon- governmentalentities) and/orAuthorizedSignatoryFormcurrentlyon filewithHCFCfor HHAP-3awarddisbursements. Youmayrevoketheseauthorizationsbysubmittingan updated TaxIDFormor Authorized Signatory Formto [email protected].
Select one:
Z TheinformationontheTaxIDFormusedfortheHHAP-2awarddisbursementisaccurate, and Iam authorizingHCFCto usethe previouslysubmitted form for the HHAP-3 initial award disbursement
1have included a new Tax ID Form for the initial HHAP-3 award disbursement Select one:
Theinformationonthe mostrecentAuthorizedSignatoryFormon filewithHCFCis accurate, and I am authorizing HCFC to use the form on file for HHAP-3 211haveincludeda newauthorizedsignatoryformforHHAP-3
CERTIFICATION
IcertifythatthesignaturebelowisauthorizedtosignforallapplicabledocumentsfortheHHAP-3grant on behalf of the Eligible Applicant Jurisdiction listed above.
Christian Clegg, City Manager
Name and Title of Authorized Representative
Signatureof Autliorized Representative Date
HHAP- 3 Agreement to Ap{, I
Pub: ished 9/ 1512021
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a CSINCSS, CONSC M[ II SLRVIVYS A401IOVStNG ACCNCY
HOMELESS COORDINATING AND FINANCING COUNCIL ( REV 0/ 11) 911 Cq- WI " l, Swik 110- A tr rt/
SIC -., CA 91114
FA9m. ( 916) 6114010
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HOMELESS HOUSING, ASSISTANCE AND PREVENTION
ROUND 3 INITIAL DISBURSEMENT
REQUEST FOR FUNDS FORM
Contras( Number 22- HHAP• 10021
Invoice Number 22- HHAP- 10021 Expiration Date: 6130/ 2026 Cityof Bakersfield, EconomicandCommunity
Grantee Name, 0 velo ment (, on( an Penmr. Adelina Carter Attention to: Cassaundra Coters, 3rd Floor Contact Person' l-itle: Homeless Services Principal Planner Add 1rss: 1 e00 7ruxtun Afro E- mail;
City/ StaleMip: Bakers6eid, CA 93301 Phone No.: 6611 652. 7534 HHAP- 3 INITIAL DISBURSEMENT FUNDING BREAKDOWN
AWARD
PerHealthandSafetyCockSection502207, arecipientmayuseinitial fundsto completethelocalhomelessactionplanthatisrequiredto besubmittedwith theHHAP-3 application. includingpayingforanytechnicalassistanceorcontractedcnlH1eStosupportthecompletionofthehomelessactionplan. Priorityforinitialfunds, abovethecostsofcompletingthe application, shallbefor systemsimprovement, including, butnot limitedto, all of the following Capacitybuildingandworkforcedevelopmentforthejurisdiction'sadministeringstalfandproviders, includingtechnicalassistancetoculturallyspecificproviders.
Fundingexistingevidence -basedprogramsservingpeopleexperiencingholmlessneu.
Investing in data sysicrm to meet reporting requirements or strengthen the recipient' s Homeless Marmgcment Information System improving homeless point -in -time counts.
Improving coordinated entry systemsto eliminate racial bias or to create a ,youth -specific coordinated entry system.
TOTAL: $ 798, 027. 27
CERTIFICATION
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Name of Authmvrd Rr resrn( ative ur Si natory Title of Aulliurijed Re 1r ntativ t Signature of Authorized Kelsialisentativiror Signatory Date BCS11 CSl: ON1- 1
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City of Bakersfield
23- HHAP- 10006
Homeless Housing, Assistance, and Prevention Program Round 4 ( HHAP- 4) Standard Agreement
Contract for Funds
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
1) Authority
The State of California has established the Homeless Housing, Assistance, and Prevention Program Round 4 (" HHAP- 4" or " Program") pursuant to Chapter 6 commencing with Health and Safety Code ( HSC) section 50216) of Part 1 of Division 31 of the Health and Safety Code. ( Amended by Stats. 2021, Ch. 111, Sec.
4. (AB 140) Effective July 19, 2021.)
The Program is administered by the California Interagency Council on Homelessness (" Cal ICH") in the Business, Consumer Services and Housing Agency (" Agency"). HHAP- 4 provides flexible block grant funds to Continuums of Care, large cities ( population of 300, 000+) and counties to build on the regional coordination created through previous Cal ICH grant funding and support local jurisdictions in their unified regional responses to reduce and end homelessness.
This Standard Agreement/Contract for Funds along with all its exhibits ("Agreement") is entered into by Cal ICH and a Continuum of Care, a city, or a county (" Grantee") under the authority of, and in furtherance of the purpose of, the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, and the requirements appearing in the statutory authority for the Program cited above. 2) Purpose
The general purpose of the Program is to ( 1) reduce homelessness by expanding or developing local capacity to address immediate homelessness challenges informed by a best -practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing; and ( 2) continue to build on regional coordination developed through previous rounds of HHAP funding ( Chapter 6 commencing with HSC section 50216).
This funding shall:
a) Continue to build regional collaboration between continuums of care, counties, and cities in a given region, regardless of population, and ultimately be used to develop a unified regional response to homelessness.
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b) Bepairedstrategicallywithotherlocal, state, andfederalfundsprovidedto address homelessness in order to achieve maximum impact. Grantees of this funding are encouraged to reference Putting the Funding Pieces Together: Guide to Strategic Uses of New and Recent State and Federal Funds to Prevent and EndHomelessnessto assistin usingfundingstrategicallyfortheirplanning efforts in the delivery of services to people experiencing homelessness in the community.
c)
Bedeployedwiththegoalof reducingthe numberof peopleexperiencing homelessness in a given region through investing in long-term solutions, such as permanent housing.
d) Include the State as an integral partner through the provision of technical assistance, sharing of best practices, and implementing an accountability framework to guide the structure of current and future state investments. 3) Definitions
The following HHAP-4 program terms are defined in accordance with Health and Safety Code section 50216, subdivisions ( a) — ( r):
a) "
Agency" means the Business, Consumer Services, and Housing Agency. b) " Applicant" means a Continuum of Care, city, county, or tribe. c) "
City" means a city or city and county that is legally incorporatedto provide local government services to its population. A city can be organized either under the general laws of this state or under a charter adopted by the local voters. d) " Continuum of Care" means the same as defined by the United States Department of Housing and Urban Development at Section 578. 3 of Title 24 of the Code of Federal Regulations.
e) "
Coordinated Entry System" means a centralized or coordinated process developed pursuant to Section 578. 7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness programparticipantintake, assessment, andprovisionof referrals. Inorderto satisfy this subdivision, a centralized or coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool.
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f) "Council" means the California Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.
g) " Emergency shelter" has the same meaning as defined in subdivision ( e) of Section 50801.
h) " Homeless" has the same meaning as defined in Section 578. 3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019. i) " Homeless Management Information System" means the information system designated by a Continuum of Care to comply with federal reporting requirements as defined in Section 578. 3 of Title 24 of the Code of Federal Regulations. The term Homeless Management Information System" also includes the use of a comparable database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations.
j) " Homeless point -in -time count" means the most recent point -in -time count that requires a sheltered and unsheltered count pursuant to Section 578. 3 of Title 24 of the Code of Federal Regulations completed by all applicants. k) " Homeless youth" means an unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection ( 2) of Section 725 of the federal McKinney- Vento Homeless Assistance Act ( 42 U.S.C.
Sec. 11434a( 2)). " Homeless youth" includes unaccompanied youth who are pregnant or parenting.
1) " Housing First' has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all of the core components listed therein. m) " Jurisdiction" means a city, city that is also a county, county, or Continuum of Care, as defined in this section.
n) " Navigation center" means a Housing First, low -barrier, service -enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
o) " Program" means the Homeless Housing, Assistance, and Prevention program established pursuant to this chapter.
1) " Round 1" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2019.
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2) " Round2" of the programmeansthe fundingallocatedunderthe programwith moneys appropriated during the fiscal year beginning on July 1, 2020. 3) " Round3" of the programmeansthe fundingallocatedunderthe programwith moneys appropriated during the fiscal year beginning on July 1, 2021. 4) " Round 4" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2022. p) " Program allocation" means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges. q) " Recipient' means a jurisdiction that receives funds from the Cal ICH for the purposes of the program.
r) " Tribe" or "tribalapplicant" meansa federallyrecognizedtribalgovernment pursuant to Section 4103 of Title 25 of the United States Code.
Additional definitions for the purposes of the HHAP-4 program:
Obligate" means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using HHAP-4 funding. Grantees, and the subrecipients who receive awards from those Grantees, must obligate the funds by the statutory deadlines set forth in this Exhibit A.
Expended" means all HHAP- 4 funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding. 4) Scope of Work
The Scope of Work (" Work") for this Agreement shall include uses that are consistent with Health and Safety Code section 50218. 7, subdivision ( e), and section 50220. 8, subdivisions ( e), ( f), and ( g), and any other applicable laws.
The Grantee shall expend funds on evidence -based programs serving people experiencing homelessness among eligible populations, including any of the following eligible uses:
a) Rapid rehousing, including rental subsidies and incentives to landlords, such as security deposits and holding fees.
b) Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.
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c) Street outreach to assist persons experiencing homelessness to access permanent housing and services.
d) Services coordination, which may include access to workforce, education, and training programs, or other services needed to promote housing stability in supportive housing.
e) Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations including families and homeless youth. f) Delivery of permanent housing and innovative housing solutions, such as hotel and motel conversions.
g) Prevention and shelter diversion to permanent housing, including rental subsidies.
h) Interim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing noncongregate shelters, and operations of existing navigation centers and shelters based on demonstrated need. Demonstrated need for purposes of this paragraph shall be based on the following:
i) The number of available shelter beds in the city, county, or region served by a Continuum of Care.
ii) The number of people experiencing unsheltered homelessness in the homeless point -in -time count.
iii) Shelter vacancy rate in the summer and winter months. iv) Percentage of exits from emergency shelters to permanent housing solutions. v) A plan to connect residents to permanent housing.
vi) Any new interim sheltering funded by HHAP- 4 funds must be low barrier, comply with Housing First as provided in Chapter 6.5 ( commencing with Section 8255) of Division 8 of the Welfare and Institutions Code, and prioritize interventions other than congregate shelters.
i) Improvements to existing emergency shelters to lower barriers and increase privacy.
In addition to the eligible uses described above, the Grantee' s expenditure of its entire HHAP- 4 allocation must also comply with the following:
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a)
At least 10percentof thefundsshallbe spentonservicesfor homelessyouth populations.
b) Not more than 7 percent of funds may be used for administrative costs incurred by the city, county, or continuum of care to administer its program allocation. For purposes of this Agreement, " administrative costs" does not include staff or other costs directly related to implementing activities funded by the program allocation. 5) Cal ICH Contract Coordinator
The Cal ICH' s Contract Coordinator for this Agreement is the Council' s Grant Director or the Grant Director's designee. Unless otherwise instructed, any notice, report, or other communication requiring an original Grantee signature for this Agreement shall be mailed to the Cal ICH Contract Coordinator. If there are opportunities to send information electronically, Grantee will be notified via email by the Council' s Grant Director or the Grant Director' s designee.
The Representatives during the term of this Agreement will be:
PROGRAM GRANTEE
ENTITY:
Business Consumer Services and
City of BakersfieldHousing Agency
SECTION/ UNIT: California Interagency Council on
Homelessness ( Cal ICH)
ADDRESS:
500 Capitol Mall Suite 1850 1600 Truxtun Ave Bakersfield, CA Sacramento, CA, 95814 93301
CONTRACT
COORDINATOR Jeannie McKendry Adelina Carter
PHONE NUMBER: 916) 510- 9446 661) 852- 7534
EMAIL ADDRESS: Jeannie. McKendry@bcsh. ca. gov acarter@bakersfieldcity. us All requests to update the Grantee information listed within this Agreement shall be emailed to the Cal ICH Grants Division general email box at calichgrants@bcsh. ca.gov, The Council reserves the right to change their representative and/ or contact information at any time with notice to the Grantee.
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6) Effective Date, Term of Agreement, and Deadlines
a) This Agreement is effective upon approval by Cal ICH ( indicated by the signature provided by Cal ICH in the lower left section of page one, Standard Agreement, STD. 213), when signed by all parties. Funds will be disbursed in accordance with Section 3 of Exhibit B.
b) This Agreement shall terminate on December 31, 2027. c) A grantee shall contractually obligate no less than 75 percent and shall expend no less than 50 percent of their initial (50 percent) HHAP-4 disbursement by May 31, 2025. Upon demonstration by a grantee that it has complied with this requirement and remains on track to meet its outcome goals, as determined by the council pursuant to Health and Safety Code section 50223, the council shall disburse to that recipient the remaining 50 percent of its total HHAP- 4 allocation pursuant to Health and Safety Code section 50218. 7(a). i) Grantee will demonstrate compliance with these requirements by completing the certification documentation in the form and manner provided by the council.
d) If a grantee has obligated less than 75 percent or expended less than 50 percent of their initial (50 percent) HHAP-4 disbursement by May 31, 2025, the grantee shall not contractually obligate or expend any remaining portion of its round 4 initial program allocation, and the council shall not allocate to the recipient the remaining 50 percent of its total allocation. unless both of the following occur:
i) On or before June 30, 2025, the grantee submits an alternative disbursement plan to Cal ICH that includes an explanation for the delay. ii) Cal ICH approves the alternative disbursement plan.
If Cal ICH cannot approve an alternative disbursement plan, Cal ICH will provide the grantee with guidance on the revisions needed in order to approve the alternative disbursement plan.
If the funds identified in the approved alternative disbursement plan are not fully expended by December 31, 2026, the funds shall be returned to the Cal ICH to be allocated as bonus awards.
e) Grantees that do not meet the final expenditure deadlines in Health and Safety Code section 50220. 8(k) shall not be eligible for bonus funding.
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f) All HHAP-4 funds shall be expended by June 30, 2027. g) InaccordancewithHealthandSafetyCodesection50220.8, subdivision (k), Cal ICHretainsthe rightto requirea correctiveactionplanof granteesthatare noton trackto fullyexpendfundsby the statutorilyrequireddeadline. h) Any funds not expended by June 30, 2027, including bonus funds, shall revert to andbe paidanddepositedin, theGeneralFundpursuantto HealthandSafety Code section 50220. 8(p).
i) The council may request additional information from applicants, as needed, to meet other applicable reporting or audit requirements.
j) Bonus Funds: HealthandSafetyCodesection50220.8 mandatesthe following, regarding a recipient' s eligibility for Bonus Funding:
i) Recipients that do not meet the obligation requirements laid out in Health and Safety Code section 50220.8(k) shall not be eligible for bonus funding; ii) Recipients shall demonstrate no later than June 30, 2025, whether they have successfully met their outcome goals; and
iii) Jurisdictions that have not met their outcome goals shall not be eligible for bonus funding and shall accept technical assistance from council staff. In addition, jurisdictions that have not met their outcome goals may also be required to limit allowable uses of program funds, as determined by the Council.
iv) If recipient receives bonus funding, the bonus funds will be distributed as an amendment to this contract. No additional contract will be executed. 7) Special Conditions
Cal ICH reserves the right to add any special conditions to this Agreement it deems necessary to ensure that the goals of the Program are achieved.
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Homeless Housing, Assistance, and Prevention Program Round 4 ( HHAP- 4) Standard Agreement
EXHIBIT B
BUDGET DETAIL and DISBURSEMENT PROVISIONS
1) Budget Detail & Changes
The Grantee agrees that HHAP- 4 funds shall be expended on uses that support regional coordination and expand or develop local capacity to address immediate homelessness challenges. Such activities must be informed by a best -practices framework focused on moving people experiencing homelessness into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing.
The Grantee shall expend the HHAP- 4 funds on eligible activities as detailed in Health and Safety Code section 50218.7(e) and section 50220.8, subdivisions (e), and ( f).
2) General Conditions Prior to Disbursement
All Grantees must submit the following forms prior to HHAP-4 funds being released:
Request for Funds Form (" RFF")
STD 213 Standard Agreement form and initialed Exhibits A through F STD 204 Payee Data Record or Government Agency Taxpayer ID Form 3) Disbursement of Funds
Initial Disbursement
Fifty percent of a grantee' s HHAP- 4 funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Cal ICH, the Department of General Services ( DGS) and the State Controller' s Office ( SCO).
The RFF must include the proposed eligible uses and the amount of funds proposed for expenditure under each eligible use. The Initial disbursement of HHAP- 4 funds will be disbursed in one allocation via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF.
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Remainder Disbursement
a)
CalICHwill disbursethe remainingfifty percentof HHAP-4 fundsupon demonstration by a Grantee that it has complied with the requirement to contractuallyobligateandexpenda minimumamountof its round4 program allocation, asdescribedbelow, andremainsontracktomeetitsoutcomegoals, as determined by the council pursuant to Section 50223. i) A granteeshallcontractuallyobligatenolessthan75 percentandshall expend no less than 50 percent of their initial (50 percent) HHAP-4 disbursementby May31, 2025. Upondemonstrationby a granteethatit has complied with this requirement and remains on track to meet its outcome goals, as determinedbythe councilpursuantto HealthandSafetyCode section50223, thecouncilshalldisburseto thatrecipienttheremaining50 percentof its totalHHAP-4 allocationpursuantto HealthandSafetyCode section 50218. 7( a).
b) Ifagranteehasobligatedlessthan75percentorexpendedlessthan50percent of theirinitialdisbursementby May31, 2025, thegranteeshallnotcontractually obligate or expend any remaining portion of its round 4 initial program allocation, andthe councilshallnotallocateto the recipientthe remaining50 percentof its total allocation, unless both of the following occur:
i) On or before June 30, 2025, the grantee submits an alternative disbursement planto Cal ICHthat includesan explanationfor thedelay.
ii) Cal ICH approves the alternative disbursement plan. If Cal ICH cannot approve an alternative disbursement plan, Cal ICH will provide the grantee with guidance on the revisions needed in order to approve the alternative disbursement plan.
4) If a Grantee is not on track to meet outcome goals, grantee must agree to receive TA from Cal ICH to get back on track with the outcome goals before the Council allocates the remaining 50 percent of a recipient' s allocation.
Bonus Funds Disbursement
If a Grantee qualifies for Bonus Funds pursuant to the requirements laid out in Health and Safety Code section 50220. 7, Cal ICH will determine the amount of Bonus Funds the Grantee is eligible for and will disburse these Bonus Funds to the Grantee upon receipt, review and approval of the completed Amended Standard Agreement and RFF by Cal ICH, the Department of General Services ( DGS) and the State Controller' s Office ( SCO).
TheRIFFmustincludethe proposedeligibleusesandthe amountof fundsproposed for expenditure under each eligible use. The Bonus Funds disbursement of Initial Here el-vl-
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HHAP- 4 funds will be allocated in one disbursement via mailed check once the RIFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF.
5) Expenditure of Funds
All HHAP- 4 funds must be spent in accordance with Health and Safety Code section 50218. 7( e) and section 50220. 8, subdivisions ( e), and ( f), and as described in Exhibit A, Section 4 " Scope of Work".
6) Ineligible Costs
a) HHAP- 4 funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code section 50220. 8, subdivisions ( e), ( 0, and ( g).
b) Cal ICH reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use HHAP- 4 funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to Cal ICH.
c) An expenditure which is not authorized by this Agreement, or by written approval of the Grant Manager or his/ her designee, or which cannot be adequately documented, shall be disallowed and must be reimbursed to Cal ICH by the Grantee.
Cal ICH, at its sole and absolute discretion, shall make the final determination regarding the allowability of HHAP- 4 fund expenditures. d) Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. HHAP funds cannot replace local funds that are committed to an existing or developing homeless assistance program.
However, if funds previously supporting a service or project end or are reduced for reasons beyond the control of the grantee and services or housing capacity will be lost as a result of these funds ending, HHAP funds may be used to maintain the service or program. Examples include, but are not limited to, a time - limited city and/ or county tax or one- time block grant, such as HEAP.
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Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4) Standard Agreement
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1) Termination and Sufficiency of Funds
a) Termination of Agreement
Cal ICHmayterminatethisAgreementat anytimefor causebygivinga minimumof 14days' noticeof termination, in writing, to theGrantee. Causeshall consistof violationsof anyconditionsofthisAgreement, anybreachof contract as describedin paragraph6 of this ExhibitC; violationof anyfederal or statelaws; or withdrawalof CalICH's expenditureauthority. Upon termination of thisAgreement, unlessotherwiseapprovedin writingby CalICH, any unexpended funds received by the Grantee shall be returned to Cal ICH within 30 days of Cal ICH' s notice of termination.
b) Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made available to Cal ICH by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State ofCaliforniagovernments, whichmayaffecttheprovisions, termsorfundingof this Agreement in any manner.
2) Transfers
Granteemaynottransferor assignby subcontractor novation, orby anyother means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit C Section 12 ( Special Conditions — Grantees/ Sub Grantee) or with the prior written approval of Cal ICH and a formal amendment to this Agreement to affect such subcontract or novation.
3) Grantee' s Application for Funds
Grantee has submitted to Cal ICH an application for HHAP- 4 funds to support regional coordination and expand or develop local capacity to addressits immediate homelessness challenges. Cal ICH is entering into this Agreement on the basis of Grantee' s facts, information, assertions and representations contained in that application. Any subsequent modifications to the original funding plans submitted within the original application must be requested through the formal HHAP BudgetModificationRequestProcessandaresubjectto approvalby CalICH.
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Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee' s knowledge. In the event that any part of the application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect Cal ICH approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then Cal ICH may declare a breach of this Agreement and take such action or pursue such remedies as are legally available. 4) Reporting/ Audits
a) Annual Reports
By January 1, 2024, and annually on that date thereafter until all funds have been expended, the Grantee shall submit an annual report to Cal ICH in a format provided by Cal ICH. Annual Reports will include a request for data on expenditures and people served with HHAP- 4 funding, details on specific projects selected for the use of HHAP- 4 funding, and data regarding the progress towards outcome goals. If the Grantee fails to provide such documentation, Cal ICH may recapture any portion of the amount authorized by this Agreement with a 14-day written notification. No later than October 1, 2027, the Grantee shall submit a final report, in a format provided by Cal ICH, as well as a detailed explanation of all uses of the Program funds.
b) Quarterly Expenditure Reports
In addition to the annual reports, Cal ICH requires the Grantee to submit quarterly expenditure reports due no later than 30 days following the end of each fiscal quarter. Grantee shall submit a report to Cal ICH on a form and method provided by Cal ICH that includes the ongoing tracking of the specific uses and expenditures of any program funds broken out by eligible uses listed, including the current status of those funds, as well as any additional information Cal ICH deems appropriate or necessary. If the Grantee fails to provide such documentation, Cal ICH may recapture any portion of the amount authorized by this Agreement with a 14-day written notification.
c) Reporting Requirements
i) Annual Report: The annual report shall contain detailed information in accordance with Health and Safety Code section 50223, subdivision ( a).
This information includes the following, as well as any additional information deemed appropriate or necessary by Cal ICH:
1) Data collection shall include, but not be limited to, information regarding individuals and families served, including demographic information, information regarding partnerships among entities or lack thereof, and participant and regional outcomes.
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2) Theperformancemonitoringandaccountabilityframeworkshallinclude clear metrics, which may include, but are not limited to, the following. - a) Thenumberofindividualexitstopermanenthousing, asdefinedbythe United States Department of Housing and Urban Development, from unsheltered environments and interim housing resulting from this funding.
b) Racial equity, as defined by the council in consultation with representatives of state and local agencies, service providers, the Legislature, and other stakeholders.
c) Any other metrics deemed appropriate by the council and developed in coordination with representatives of state and local agencies, advocates, service providers, and the Legislature.
3) Data collection and reporting requirements shall support the efficient and effective administration of the program and enable the monitoring of jurisdiction performance and program outcomes.
Datashallincludeprogresstowardsmeetingthe grantee's outcomegoals.
If significant progress toward outcome goals has not been made, the applicant shall:
a) Submit a description of barriers and possible solutions to meet those barriers
b) Accept technical assistance from Cal ICH
c) Include the progress towards outcome goals in all subsequent quarterly reports, until significant progress is made as deemed by Cal ICH
ii) Expenditure Report: The expenditure report shall contain data on expenditures of HHAP- 4 funding including but not limited to obligated funds, expended funds, and other funds derived from HHAP-4 funding. iii) Final Expenditure Plan: During the final fiscal year of reporting, grantees may be required to include a plan to fully expend HHAP-4 grant funding. This plan must be submitted with the quarterly expenditure report in a format to be provided by Cal ICH.
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iv) Grantees or their subcontractors must report client data into their local Homeless Management Information Systems ( HMIS) pursuant to the requirements of Assembly Bill ( AB) 977 ( Chapter 397, Statutes of 2021) v) Cal ICH may require additional supplemental reporting with written notice to the Grantee.
vi) Grantee may, at their discretion, fully expend their HHAP- 4 allocation prior to the end date of the grant term and will not be required to submit quarterly fiscal reports after the quarter in which their allocation was fully expended. d) Auditing
Cal ICH reserves the right to perform or cause to be performed a financial audit.
At Cal ICH request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. HHAP- 4 administrative funds may be used to fund this expense. Should an audit be required, the Grantee shall adhere to the following conditions:
i) The audit shall be performed by an independent certified public accountant. ii) The Grantee shall notify Cal ICH of the auditor' s name and address immediately after the selection has been made. The contract for the audit shall allow access by Cal ICH to the independent auditor's working papers. iii) The Grantee is responsible for the completion of audits and all costs of preparing audits.
iv) If there are audit findings, the Grantee must submit a detailed response acceptable to Cal ICH for each audit finding within 90 days from the date of the audit finding report.
5) Inspection and Retention of Records
a) Record Inspection
Cal ICH or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement. The Grantee agrees to provide Cal ICH, or its designee, with any relevant information requested. The Grantee agrees to give Cal ICH or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the Homeless Housing, Assistance, and Initial Here C'jC%
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PreventionProgramlaws, the HHAP-4 programguidancedocumentpublished on the website, and this Agreement.
In accordance with Health and Safety Code section 50220.8, subdivision (m), if uponinspectionof recordsCalICHidentifiesnoncompliancewithgrant requirements, Cal ICH retains the right to impose a corrective action plan on the Grantee.
b) Record Retention
The Grantee further agrees to retain all records described in subparagraph a for a minimum period of five ( 5) years after the termination of this Agreement.
If anylitigation, claim, negotiation, audit, monitoring, inspection, or otheraction has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.
c) Public Records Act
The grantees' final HHAP- 4 application, this contract, and other documents related to the grant are considered public records, which are available for public viewing pursuant to the California Public Records Act.
6) Breach and Remedies
a) Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
i) Grantee' s failure to comply with the terms or conditions of this Agreement. ii) Use of, or permitting the use of, HHAP- 4 funds provided under this Agreement for any ineligible activities.
iii) Any failure to comply with the deadlines set forth in this Agreement. b) Remedies for Breach of Agreement
In addition to any other remedies that may be available to Cal ICH in law or equity for breach of this Agreement, Cal ICH may:
i) Bar the Grantee from applying for future HHAP funds; ii) Revoke any other existing HHAP- 4 award( s) to the Grantee; iii) Require the return of any unexpended HHAP- 4 funds disbursed under this Agreement,
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iv) Require repayment of HHAP- 4 funds disbursed and expended under this Agreement;
v) Require the immediate return to Cal ICH of all funds derived from the use of HHAP- 4 funds
vi) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with HHAP- 4 requirements.
c) All remedies available to Cal ICH are cumulative and not exclusive. d) Cal ICH may give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days.
7) Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Cal ICH to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Cal ICH to enforce these provisions.
8) Nondiscrimination
During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex ( gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin including language use restriction), pregnancy, physical disability ( including HIV and AIDS), mental disability, medical condition ( cancer/ genetic characteristics), age over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
Grantee and its subrecipients shall comply with the provisions of California' s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act ( FEHA) ( Gov. Code, § 12900 et seq.); the regulations promulgated thereunder ( Cal. Code Regs., tit. 2, § 11000 et seq.); and the provisions of Article 9. 5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code ( Gov. Code, §§ 11135 - 11139. 5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
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9) Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. For instance, Health and Safety Code section 50220. 5, subdivision ( i) states, " For purposesof Section1090of theGovernmentCode, a representativeof a county servingon a board, committee, or bodywiththe primarypurposeof administering fundsor makingfundingrecommendationsfor applicationspursuantto thischapter shallhavenofinancialinterestin anycontract, program, or projectvotedon bythe board, committee, or bodyonthe basisof the receiptof compensationfor holding public office or public employment as a representative of the county." Failureto comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411.
a)
CurrentStateEmployees: NoStateofficeror employeeshallengagein any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services.
b) Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision -making process relevant to the contract while employed in any capacity by any State agency. For the twelve- month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy -making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.
c) Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 ( Gov. Code, § 81000 et seq.).
d) Representatives of a County: A representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, Initial Here CtG
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committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county. 10) Drug - Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipientswill comply with the requirements of the Drug -Free Workplace Act of 1990 ( Gov. Code, section 8350 et seq.) and have or will provide a drug -free workplace by taking the following actions:
Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code section 8355, subdivision ( a)( 1).
a) Establish a Drug - Free Awareness Program, as required by Government Code section 8355, subdivision ( a)( 2) to inform employees, Grantees, or subrecipients about all of the following:
i) The dangers of drug abuse in the workplace;
ii) Grantee' s policy of maintaining a drug -free workplace; iii) Any available counseling, rehabilitation, and employee assistance program; and
iv) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations.
b) Provide, as required by Government Code section 8355, subdivision ( a)( 3), that every employee and/ or subrecipient that works under this Agreement:
i) Will receive a copy of Grantee' s drug -free policy statement, and ii) Will agree to abide by terms of Grantee' s condition of employment or subcontract.
11) Child Support Compliance Act
For any Contract Agreement in excess of $ 100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:
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a)
TheGranteerecognizesthe importanceof childandfamilysupportobligations andshallfullycomplywithall applicablestateandfederallawsrelatingto child and family support enforcement, including, but not limited to, disclosure of informationandcompliancewithearningsassignmentorders, as providedin Chapter8 (commencingwithsection5200) ofPart5ofDivision9oftheFamily Code; and
b) TheGrantee, to the bestof its knowledgeis fullycomplyingwiththeearnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
12) Special Conditions — Grantees/ Subgrantee
TheGranteeagreestocomplywithallconditionsofthisAgreementincluding the Special Conditions set forth in Exhibit D. These conditions shall be met to the satisfaction of Cal ICH prior to disbursement of funds. The Grantee shall ensure that all Subgranteesare madeawareof andagreeto complywithalltheconditionsof this Agreement and the applicable State requirements governing the use of HHAP-4 funds. Failure to comply with these conditions may result in termination of this Agreement.
a) The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to:
i) Performtheworkin accordancewith Federal, StateandLocalhousingand building codes, as applicable.
ii) Maintain at least the minimum State -required worker' s compensation for those employees who will perform the work or any part of it. iii) Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it. iv) Agree to include all the terms of this Agreement in each subcontract. 13) Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/ or related to the HHAP- 4 program, the Grantee, its subrecipients, and all eligible activities.
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23- HHAP- 10006
Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to Cal ICH upon request. 14) Inspections
a) Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/ or local requirements, and this Agreement.
b) Cal ICH reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/ or local requirements, and this Agreement. c) Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected. 15) Litigation
a) If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Cal ICH, shall not affect any other provisions of this Agreement and the Initial of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable.
b) The Grantee shall notify Cal ICH immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or Cal ICH, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Cal ICH.
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23- H HAP- 10006
Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4) Standard Agreement
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1) All proceedsfromanyinterest -bearingaccountestablishedbytheGranteeforthe depositof HHAP-4 funds, alongwith anyinterest -bearingaccountsopened by subrecipients to the Grantee for the deposit of HHAP-4 funds, must be used for HHAP-4-eligibleactivitiesandreportedonas requiredbyCal ICH. 2) Per Health and Safety Code section 50220.8 (g), any housing -related activities fundedwithHHAP-4 funds, includingbutnotlimitedtoemergencyshelter (per Health and Safety Code section 50220.8(e)(8)(F)), rapid -rehousing, rental assistance, transitional housing and permanent supportive housing, must be in complianceor otherwisealignedwiththe corecomponentsof HousingFirst, as described in Welfare and Institutions Code section 8255, subdivision ( b). Individuals and families assisted with these funds must not be required to receive treatment or perform any other prerequisite activities as a condition for receiving shelter, housing, or otherservicesfor whichthesefundsareused. In addition, HHAP-4 fundingshall be used to adopt a Housing First approach within the entire local homelessness response system, including outreach and emergency shelter, short-term interventions like rapid re -housing, and longer -term interventions like supportive housing.
3) Grantee shall utilize its local Homeless Management Information System ( HMIS) to track HHAP- 4-funded projects, services, and clients served. Grantee will ensure that HMISdataarecollectedin accordancewithapplicablelawsandinsuchawayasto identifyindividualprojects, services, andclientsthataresupportedby HHAP-4 funding (e.g., by creatingappropriateHHAP-4-specificfundingsourcesandproject codes in HMIS).
4) Granteeshall participatein andprovidedataelements, including, butnot limitedto, health information, in a manner consistent with federal law, to the statewide Homeless Management Information System ( known as the Homeless Data Integration System or " HDIS"), in accordance with their existing Data Use AgreemententeredintowiththeCouncil, if any, andas requiredbyHealthand SafetyCodesection50220.6 andWelfareandInstitutionsCodesection8256. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosureunderthe CaliforniaPublicRecordsAct (Chapter3.5 (commencingwith Section 6250) of Division 7 of Title 1 of the Government Code). For purposes of this paragraph, " health information" means " protected health information," as defined in Part 160. 103 of Title 45 of the Code of Federal Regulations, and " medical Ocl
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23- H HAP- 10006
information," as defined in subdivision 0) of Section 56.05 of the Civil Code. The Councilmay, as requiredby operationalnecessity, amendor modifyrequireddata elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement.
5) Grantee agrees to accept technical assistance as directed by Cal ICH or by a contracted technical assistance provider acting on behalf of Cal ICH and report to Cal ICH on programmatic changes the grantee will make as a result of the technical assistance and in support of their grant goals.
6) Grantee agrees to demonstrate a commitment to racial equity and, per Health and Safety Code section 50222 ( a)(2)( B), the grantee shall use data provided through HDIS to analyze racial disproportionality in homeless populations and, in partnership with Cal ICH, establish clear metrics and performance monitoring for achieving equity in provision of services and outcomes for Black, Native, and Indigenous, Latinx, Asian, Pacific Islanders and other People of Color who are disproportionately impacted by homelessness and COVID- 19.
7) Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience.
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23- H HAP- 10006
Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4) Standard Agreement
STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS
This exhibit is incorporated by reference and made part of this agreement. The General TermsandConditions (GTC04/2017) canbe viewedat thefollowinglink:
https:// www. dgs. ca. gov/-/ media/ Divisions/ OLS/ Resources/ GTC- April- 2017- FINALapril2017. pdf? la=en& hash= 3A64979F777D5B9D35309433EE81969FD69052D2 In the interpretation of this Agreement, any inconsistencies between the State of California General Terms and Conditions ( GTC - 04/ 2017) and the terms of this Agreement and its exhibits/ attachments shall be resolved in favor of this Agreement and its exhibits/ attachments.
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SCO ID:
STATEOFCALIFORNIA - DEPARTMENTOFGENERALSERVICES
STANDARD AGREEMENT
STD 213 ( Rev. 04/ 2020)
AGREEMENT NUMBER
22- HHAP- 10021
1. ThisAgreementisenteredintobetweentheContractingAgencyandtheContractornamed
CONTRACTING AGENCY NAME
Business, ConsumerServicesandHousingAgency
CON IRACTORNAME
City of Bakersfield
Z. I fie term of this Agreement IS:
PURCHASINGAUTHORITYNUMBER (IfAppllcable)
010725
aiNni uMt -
Upon BCSH approval
THROUGH END DATE
06/ 30/ 2026
3. The maximum amount of this Agreement is:
798,027.27 ( SevenHundredNinetyEightThousandTwentySevenDollarsandIwentySevenCents )
4. Thepartiesagreetocomplywiththetermsandconditionsofthefollowingexhibits, whicharebythisreferencemadeaDartofthoAnrppm—t Exhibits Title Pages
Exhibit A Authority, Purpose and Scope of Work
8 Exhibit 8 Budget Detail and Disbursement Provisions
2 Exhibit C HomelessCoordinatingandFinancingCouncilGeneralTermsandConditions 8 Exhibit D Special Terms and Conditions
2 Exhibit E Stateof CaliforniaGeneralTermsand Conditions 1 Exhibit F
shown wit on
StandardAgreement to Apply
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S
items
Thesedocumentscanbeviewedathtp ts'wyvw.pcs_eo.gav pL' Ht: s INWITNESSWHEREOF, THISAGREEMENTHASBEENEXECUTEDBYTHEPARTIESHERETO.
CONTRACTOR
CONTRACTORNAME (Ifotherthananindividual, statewhetheracorporation, partnership, etc.) City of Bakersfield
CONTRACTOR BUSINESS ADDRESS CITY ]
CA
E
F933(
01 1600 Truxtun Ave Bakersfield
PRINTED NAME OF PERSON SIGNING TITLE
G-Rf -t5
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
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SCO ID:
STATEOFCALIFORNIA - DEPARTMENTOFGENERALSERVICES
STANDARD AGREEMENT ! AGREEMENT NUMBER
STD 13 (Rev. 04/ 1020)
22- HHAP- 10021
CONTRACTINGAGENCYNAME
STATE OF CALIFORNIA
Business, ConsumerServicesandHousingAgency
PURCHASINGAUTHORITYNUMBER (IfApplicable)
010725
k-vN 1nn4 i iNG AGENCY ADDRESS
915 Capitol Mall, Suite 350-A
CITY =
CA95814Sacramento
PRINTEDNAMEOF PERSONSfGNINC,
Lourdes Castro Ramirez TITLE
CONTRACTINGAGENCYAUTHORIZEDSIGNATURE
Secretary
DATE SIGNED
CALIFORNIADEPARTMENTOFGENERALSERVICESAPPROVAL
EXEMPTION (If Applicable)
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EXHIBIT " C"
HOMELESS HOUSING ASSISTANCE AND PREVENTION ROUND 3 GRANT PROGRAM
KERN COUNTY HOSPITAL AUTHORITY
Purpose of Project
CONTRACTORwill provide mental health services in each of the four local shelters: Brundage Lane Navigation Center, Open Door Network, M Street Navigation Center, and The Mission at Kern County.
Description
The City of Bakersfield will partner with Kern Medical to provide mental health services in each of the four local shelters: Brundage Lane Navigation Center, Open Door Network, M Street Navigation Center, and The Mission at Kern County. The pilot project will include funding one therapist who will work 40 hours a week at each shelter, and a part- time Psychiatrist who will also work with each participant at all four shelters. The pilot program will focus on a case load of approximately 20 people at a time and will coordinate with shelter staff and case managers to develop a streamline approach to each unique person' s mental health needs. The program will seek to reduce barriers to mental health services by ensuring wrap around services are secured before connecting individuals to housing solutions during their shelter stay.
Eligible Expenses
The eligible expense under both the HHAP- 3 and HHAP- 4 grants is: Interim Sheltering/ Services.
Eligible expenses include mental health services, and operational costs associated with the program. CONTRACTORwill use EIGHTHUNDREDAND EIGHTYTHOUSAND, NINEHUNDREDDOLLARS 880, 900) in HHAP- 3 funds and THREE HUNDRED THOUSAND DOLLARS ($ 300, 000) in HHAP- 4 funds for a total of ONE MILLION, ONE HUNDRED AND EIGHTY THOUSAND, NINE HUNDRED DOLLARS 1, 180, 900) .
Time frame
All funds granted to CONTRACTOR shall be completely expended within the term of the Agreement, November 9, 2023 - May 8, 2025. The funds shall be used for a one- year period, with 6 months of additional time if the project should need it to spend the complete grant.
Data Submission, Timeline and other Requirements:
HMIS
CONTRACTORwill report on people served and will enter data into the Homeless Management Information System ( HMIS) and comply with federal reporting requirements using HUD' s standards for participation.
CONTRACTOR shall submit a quarterly report to The City on forms provided by the City, no later than February 28, 2024, then quarterly thereafter with a final report due May 31, 2025, or until funds are exhausted. If the Contractor fails to provide such documentation, The City may disencumber any portion of the amount authorized by this Agreement with a 14-day written notification.
CONTRACTOR will report on the following, as well as any additional information the City deems appropriate or necessary:
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1) Data collection shall include, but not be limited to, information regarding individuals and families served, including demographic information, information regarding partnerships among entities or lack thereof, and participant and regional outcomes.
2) The performance monitoring and accountability framework shall include clear metrics, which may include, but are not limited to, the following:
a) The number of individual exits to permanent housing, as defined by the United States Department of Housing and Urban Development, from unsheltered environments and interim housing resulting from this funding. b) Racial equity, as defined by the council in consultation with representatives of state and local agencies, service providers, the Legislature, and other stakeholders.
c) Any other metrics deemed appropriate by The City.
The Contractor further agrees to retain all records for a minimum period of five ( 5) years after the termination of this Agreement.
Housing First
Any housing -related activities funded with HHAP- 3 funds must comply or otherwise align with the Core Components of Housing First, pursuant to Welfare and Institution Code Section 8255(b).
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ORIGINAL
EXHIBIT " D"
DRUG FREE WORKPLACE CERTIFICATION
The undersigned certifies, to the best of his or her knowledge and belief, that: CONTRACTOR, representing the facility known as Kern Hospital Authority located at 1700 Mt. Vernon Ave, Bakersfield, California, 93306, will continue to provide a drug - free workplace by meeting all standards and requirements of the Code of Federal Regulations, Part 24, Subpart F as follows:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee' s workplace and specifying the actions that will be taken against employees for violation of such prohibition.
2. Establishing an ongoing drug -free awareness program to inform employees about:
a) The dangers of drug abuse in the workplace:
b) The grantee' s policy of maintaining a drug - free workplace; c) Any available drug counseling, rehabilitation, and employee assistance programs:
and
d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1.
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will -
a) Abide by the terms of the statement: and
b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction.
5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4 (b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number( s) of each affected grant.
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted:
a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended: or
b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.
7. Making a good faith effort to continue to maintain a drug - free workplace through implementation of paragraphs 1, 2,3, 4, 5, and 6.
8. This certification meets the objectives and requirements of the United States Department of Hous and Urban evelopment ( HUD).
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July 1, 2023
Statement of Self - Insurance
The Kern County Hospital Authority (" Authority"), a local unit of government, which owns and operates Kern Medical Center ( a/ k/ a Kern Medical), is self - insured for Hospital Professional Liability ( malpractice), General Liability, Workers' Compensation, and Employers Liability. For these coverages, the Authority carries excess insurance above the following self -insured retentions: $ 2, 000, 000 for Hospital Professional Liability; $ 1,000, 000 for General Liability; and $ 1, 000, 000 for Workers' Compensation and Employers Liability.
Theseexposures, including contractual liability, arising out of Authority operations are covered by the Authority' s self- insurance program undertaken pursuant to Government Code Section 990 and Health and Safety Code Section 101855.
Under this self-insurance program, the Authority will bear all risk of bodily injury and property damage lossesthat are the responsibility of the Authority under current law and contracts. This program is currently in effect and will remain in effect as renewed each year by the Authority.
Very truly yours,
Karen S. Barnes
Vice President & General Counsel
Kern County Hospital Authority
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Owned and Operated by the Kern County Hospital Authority A Designated Public Hospital > o
1700MountVernonAvenue I Bakersfield, CA 933061 (661) 326-20001KernMedicao44, AaL