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HomeMy WebLinkAbout2020 2021 Fresno Housing FMCoC MOUPage 1 of 11 Housing Authority City of Fresno FRESNO HOUSING FRESNO MADERA CONTINUUM OF CARE MEMORANDUM OF UNDERSTANDING THIS AGREEMENT is made and entered into this 1st day of ___________, 2020, by and between the FRESNO MADERA CONTINUUM OF CARE, a coalition of homeless service providers in the Fresno/Madera region, hereinafter referred to as "FMCoC" and Fresno Housing a local Government Agency, hereinafter referred to as "FH" WITNESSETH: WHEREAS, the FMCoC has a need for services related to the operation of a continuum of care by a Collaborative Applicant which include following U.S. Department of Housing and Urban Development (hereinafter referred to as ”HUD”) guidelines in the responsibilities of a Continuum of Care; and, WHEREAS, FH is qualified, willing and able to provide services as a Collaborative Applicant required by FMCoC pursuant to the terms and conditions of the MOU, and; WHEREAS, FMCoC and FH desire to work collaboratively to provide housing and supportive services solutions for persons/families experiencing homelessness in the Fresno and Madera communities and education to the wider community regarding the issues of homelessness, NOW, THEREFORE, for the purpose of entering into a plan of cooperation whereby both parties may benefit from the activities of FH as the Collaborative Applicant, the parties hereto agree as follows: 1. AGREEMENT In consultation with the FMCoC Board of Directors, FH as Collaborative Applicant will: A. Ensure the FMCoC follows the HUD regulations in establishing and the responsibilities of the FMCoC as stated in the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Continuum of Care program; Page 2 of 11 Housing Authority City of Fresno a. Ensure adherence to dictates in §578.5 in establishing a Continuum of Care with representatives from relevant organizations, establishment of a board to act on behalf of the FMCoC. b. Ensure adherence to dictates in §578.7 to include when and how meetings are held, invitation for new members, process for board selection, appointment of additional committees as needed, development of governance charter; evaluation and monitoring of CoC and ESG funded projects, establish a Coordinated Entry System with policies and procedures. c. Continuum of Care planning: i. Coordinating the implementation of a homeless response system that covers Fresno & Madera and meets the needs of persons/families experiencing homelessness. Said system should include outreach, engagement and assessment; shelter, housing and supportive services; prevention strategies; ii. Planning for and conducting, at least biennially, a Point in Time Count of persons experiencing homelessness in the Fresno Madera area, that meets HUD requirements; iii. Preparation an application for funds through a collaborative process; iv. As Collaborative Applicant, administer CoC Planning funding to: 1. Develop a regionwide process of involving relevant stakeholders in an effective homeless response system; 2. Determine the geographic area the CoC will serve; 3. Develop a CoC; 4. Evaluate the outcomes for CoC and Emergency Shelter Grant (ESG) projects; 5. Participate in the Consolidated Plan of the CoC geographic jurisdiction(s); 6. Prepare and submit annual HUD funding application on behalf of the entire FMCoC, including Page 3 of 11 Housing Authority City of Fresno conducting a sheltered and unsheltered Point in Time count and other data collection as required by HUD. In consultation with FH as Collaborative Applicant, the FMCoC Board of Directors, will: A. Ensure the FMCoC follows the HUD regulations in establishing and the responsibilities of the FMCoC as stated in the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Continuum of Care program; a. Ensure adherence to dictates in §578.5 in establishing a Continuum of Care with representatives from relevant organizations, establishment of a board to act on behalf of the FMCoC; b. Ensure adherence to dictates in §578.7 to include when and how meetings are held, invitation for new members, process for board selection, appointment of additional committees as needed, development of governance charter; evaluation and monitoring of CoC and ESG funded projects, establish a Coordinated Entry System with policies and procedures. c. In consultation with ESG program funds within the geographic area, establish and follow written standards for providing CoC assistance. Standards must include policies and procedures for: i. Evaluating eligibility; ii. Prioritizing rapid rehousing assistance; iii. Determining percentage or amount of rent participants must pay while receiving rapid rehousing assistance; iv. Prioritizing permanent supportive housing assistance. d. Designating and operating an HMIS i. A single HMIS system for the geographic area; ii. Designate a HMIS Lead Agency; iii. Review, revise and approve a privacy, security and data quality plan; Page 4 of 11 Housing Authority City of Fresno iv. Ensure consistent participation of recipients and subrecipients in HMIS; v. Ensure HMIS is administered in compliance with HUD requirements e. Continuum of Care planning: i. Coordinating the implementation of a homeless response system that covers Fresno & Madera and meets the needs of persons/families experiencing homelessness. Said system should include outreach, engagement and assessment; shelter, housing and supportive services; prevention strategies; ii. Planning for and conducting, at least biennially, a Point in Time Count of persons experiencing homelessness in the Fresno Madera area, that meets HUD requirements; iii. Preparation an application for funds through a collaborative process. 2. TERM This Agreement shall become effective on 1st day of ____________, 2020 and shall terminate on the 30th day of ________, 2021. 3. TERMINATION A. Non-Allocation of Funds - the terms of this Agreement, and the services to be provided by FH are contingent on the approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the services provided may be modified, or the Agreement terminated by either parties at any time by giving thirty (30) days advanced written notice. B. Breach of Contract - FMCoC or FH may immediately suspend or terminate this Agreement in whole or in part, wherein the determination by either party if there is failure to comply with any term of this Agreement. C. Without Cause - Under circumstances other than those set forth above, this Agreement may be terminated by either party upon the giving of thirty (30) ,days advance written notice of intent to terminate. Page 5 of 11 Housing Authority City of Fresno 4. COMPENSATION FH as Collaborative Applicant and FMCoC shall perform the services pursuant to the terms and conditions of this Agreement without payment of any monetary consideration, one to the other. However, the monetary compensation received by FH from HUD as the Collaborative Applicant will not be consideration for this MOU. The benefits received by each parties' clients, in addition to the parties' mutual promises to perform, shall be the consideration for this Agreement. 5. INDEPENDENT CONTRACTOR A. In performance of the work, duties and obligations assumed by both parties under this Agreement, it is mutually understood and agreed that FH and FMCoC, are independent agencies, and shall act in independent capacity. Both parties shall retain the right to administer this Agreement so as to verify that the Agencies are performing its obligations in accordance with the terms and conditions thereof. B. FH and FMCoC shall comply with all applicable provisions of law and rules and regulations, if any government authorities having jurisdiction over matters which are directly or indirectly the subject of this Agreement. C. FH and FMCoC shall have absolutely no right to employment rights and benefits available to either Agencies employees. Both shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. D. In addition, FH and FMCoC shall be solely responsible and save the other party harmless from all matters relating to payment of Agency's employees, including compliance with Social Security, withholding and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, FH and FMCoC may be providing services to others unrelated to this Agreement. 6. MODIFICATION Any matters of this Agreement may be modified from time to time with the written consent of FH and FMCoC without, in any way, affecting the remainder. 7. NON-ASSIGNMENT Neither party shall assign or transfer this Agreement nor their rights or duties under this Agreement without the prior written consent of the other party. Page 6 of 11 Housing Authority City of Fresno 8. HOLD HARMLESS FH and FMCOC agrees to indemnify, save, hold harmless, its officers, agents and employees from any and all costs and expenses, including attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the perforn1ance, or failure to perform, under this Agreement. In addition, FH and FMCoC agree to indemnify each party for Federal, State of California and/or local audit exceptions resulting from noncompliance herein on the part of either party. 9. CONFLICT OF INTEREST No officer, employee or agent of either party who exercises any function or responsibility for planning and carrying out of the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. FH shall comply with all Federal, State and local conflict of interest laws, statutes and regulations, which shall be applicable to all parties and beneficiaries under this Agreement and any officers, employee or agent of both parties. 10. NON-DISCRIMINATION A. FH and FMCoC hereby agree, that in the performance of this Agreement, it will comply with Title VI and VII of the Civil Rights Act of 1964 as amended; Section 504 of the Rehabilitation Act of 1973 as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990; California Civil Code Section 51 et seq., as amended; California Government Code section 111335-11139.5, as amended; California Government Code section 12940 (c), (h), (1), (i), and G); California Government Code section 4450; Title 22, California Code of Regulations section 98000- 98413; Title 24 of the California Code of Regulations, Section 31OS( e); the Dymally-Alatorre Bilingual Services Act (California Government Code Section 7290-7299.8); Section 1808 of the Removal of Barriers to Interethnic Adoption Act of 1996; and other applicable federal and state laws, as well as their implementing regulations [including 45 Code of Federal Regulations (CFR) Parts Page 7 of 11 Housing Authority City of Fresno 80,84, and 91, 7 CFR Part 15, and 28 CFR Part 42], by ensuring that employment practices and the administration of public assistance and social services programs are nondiscriminatory, to the effect that no person shall because of ethnic group identification, age, sex, color, disability, medical condition, national origin, race, ancestry, martial status, religion, religious creed or political believe be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state financial assistance. Both Parties agree that it will immediately take necessary measures to effectuate the terms of this Non-Discrimination agreement. B. FH agrees to compile data, maintain records and submit reports as required, to permit effective enforcement of the aforementioned laws, rules and regulations and permit authorized FMCoC and/or federal government personnel, during normal working hours, to review such records, books and accounts as needed to ascertain compliance. 11. CONFIDENTIALITY All services performed by FH under this Agreement shall be in strict conformance with all applicable Federal, State of California and/or local laws and regulations relating to confidentiality. 12. GOVERNING LAW The parties agree, that for purposes of venue, HMIS Administration under this Agreement is to be located at FH, Central Office, 1331 Fulton Mall, Fresno, California. The rights and obligations of the parties and all interpretation and performance of this Agreement shall be governed in all respects by the laws of the State of California and the Department of Housing and Urban Development, Homeless Emergency Assistance and Rapid Transition to Housing of May 2009. 13. ENTIRE AGREEMENT This Agreement, constitutes the entire agreement between FH and FMCoC with respect to the subject matter hereof and supersedes all previous agreements negotiations, proposals, commitments, writings, advertisements, publications and understandings of any nature whatsoever unless expressly included in this Agreement. Page 8 of 11 Housing Authority City of Fresno IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. ATTEST: Housing Authority City of Fresno Fresno Madera Continuum of Care By: By: Print Name: Preston Prince Print Name: Laura Moreno Title: CEO/ Executive Director Title: Chair, Board of Directors Date: ______________________ Date: _______________________ Mailing Address: Mailing Address: Fresno Housing County of Fresno Dept of Social Services 1331 Fulton Street, P.O. Box 11985 205 W. Pontiac Way, Bldg 2 Fresno, CA 93776-1985 Clovis, CA 93612 Phone Number: (559) 443-8431 (559) 600-2335 Contact: Doreen Eley Contact: Laura Moreno Page 9 of 11 Housing Authority City of Fresno SUMMARY OF SERVICES ORGANIZATION: Housing Authority City of Fresno (FH) Homeless Management Information System (HMIS) CONTACT: Doreen Eley, Manager Homeless Initiatives ADDRESS: 1331 Fulton Mall, P.O. Box 11985, Fresno, CA 93776 TELEPHONE: (559) 443-8431 TERM: February 1, 2016 – January 31, 2017 FH HMIS agrees to the following terms and conditions: General 1. In consultation with Fresno Madera Continuum of Care (FMCoC), FH will define the HMIS program, implement standards, promote program awareness to all interested parties, and monitor the successes and failures to validate HMIS program effectiveness. 2. FH HMIS will be the sole liaison for FMCoC HMIS Participating Agencies and the software vendor. HMIS Participating Agency questions concerning software are to be directed to FH HMIS staff only. Network Operations 1. Abide by all terms of the contract between the software vendor and FH HMIS. 2. Maintain www.thecontinuumofcare.org internet web site connectivity and computer equipment in such a manner as not to disrupt continuation of project participation. 3. Develop, implement, and maintain all components of operations of the web-based system including the data security program. 4. Take all necessary precautions to prevent any destructive or malicious program (virus) from being introduced to the system. Employ appropriate measures to detect virus infection and employ all appropriate resources to efficiently disinfect any affected systems as quickly as possible. 5. Make the HMIS System and HMIS staff available to all users in a manner consistent with the user's reasonable usage and service request requirement. Page 10 of 11 Housing Authority City of Fresno Security 1. Secure access to physical areas containing equipment, data, and software. 2. Strictly safeguard all data including client-identifying information and securely protect it to the maximum extent possible. 3. Maintain and administer central and backup server operations including security procedures and maintain backups of the system to prevent the loss of data. 4. Issue User ID and password for HMIS users through the designated Agency Administrator of each FMCoC HMIS Participating Agency. User IDs and passwords will be issued only after Agency Administrator at the Participating Agency has confirmed that the requested HMIS user has signed the Homeless Service Provider Agency User Agreement, and has received confidentiality training. In addition, only the designated Page 11 of 11 Housing Authority City of Fresno Agency Administrator may request changes to users within the Agency. 5. FH HMIS may deny access to HMIS system for the purpose of investigation of any suspicion of breached confidentiality. 6. FH HMIS will not release personal client information to any person, agency, organization, or FMCoC HMIS Participating Agencies; unless it certifies that a signed copy of the Consent for Release of Information is in the client file at their site. Training 1. Provide initial and ongoing training for Participating Agency HMIS users. The FMCoC agrees to the following terms and conditions: Homeless Service/Housing Providers 1. The FMCoC will actively pursue HMIS participation from FMCoC Homeless Service Providers. 2. The FMCoC Homeless Service Providers will enter into an HMIS Participation Agreement prior to gaining access to HMIS. 3. The FMCoC Homeless Service Providers who are also grantees of the FMCoC HUD application will provide the necessary prorated HMIS cash match for the HUD McKinney-Vento Application.