Anaheim City Council
October 29, 2024

ENCAMPMENT RESOLUTION FUNDING PROGRAM

SUBRECIPIENT AGREEMENT

THIS ENCAMPMENT RESOLUTION FUNDING PROGRAM SUBRECIPIENT AGREEMENT ("AGREEMENT") is made and entered into as of November 1, 2024, by and between the CITY OF ANAHEDM, a charter city and municipal corporation ("CITY"), and MARIPOSA WOMEN AND FAMILY CENTER, a California nonprofit corporation ("SUBRECIPIENT").

RECITALS:

A. The State of California established the Encampment Resolution Funding Program ("ERF") pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code. ERF was amended by SB 197 (Statutes of 2022, Chapter 70, Sec. 3-8, effective June 30, 2022). ERF is administered by the California Department of Housing and Community Development ("HCD") in the Business, Consumer Services and Housing Agency ("Agency"),
B. ERF provides one-time, competitive grant funds to Continuums of Care and/or Local Jurisdictions to fund actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments.

C. The CITY issued a Request for Proposals (the "RFP") seeking proposals from qualified firms for the ERF program. A copy of the RFP is on file in the Department of Housing and Community Development of the City ofAnaheim and is incorporated herein by this reference.

D. In response to the RFP, SUBRECIPIENT submitted a proposal to respond to the CITY'S needs, which Proposal is on file in the office of the Housing and Community Development Department Director and is incorporated herein by this reference.

E. The CITY and SUBRECIPIENT (each, a "Party" and jointly, the "Parties") desire to enter into this AGREEMENT in order for SUBRECIPIENT to receive a subgrant of the ERF funds in consideration of SUBRECIPIENT'S participation in the grant program. SUBRECIPIENT will provide services pursuant to the grant program in accordance with the Scope of Work, attached hereto as Exhibit A and incorporated herein by this reference.

F. The SUBRECIPIENT represents that it is qualified to participate in the ERF program and has the requisite qualifications, expertise and experience in the provision of applicable services, and is willing to use said ERF funds to operate said program.

G. The CITY agrees to reimburse the SUBRECDPIENT for the provision of the services set forth in the Scope of Work in an amount not to exceed $3, 047, 465. 21 in funding under the ERF program and that no funds of the CITY shall be or become a source of funds under this AGREEMENT.

H. The SUBRECIPIENT acknowledges and agrees that this AGREEMENT is contingent upon an allocation and receipt of ERF funds from the State of California and the authorization given to the CITY to use a portion of its allocation in the amount set forth in this AGREEMENT to reimburse SUBRECIPIENT for the provision of its services under this AGREEMENT.

I. The CITY and the SUBRECIPIENT have duly executed this AGREEMENT for the expenditure and utilization of said funds.

NOW THEREFORE, it is agreed by and between the Parties that the foregoing Recitals are a substantive part of this AGREEMENT and the following terms and conditions are approved and, together with all exhibits and attachments hereto, shall constitute the entire AGREEMENT between the CITY and the SUBRECIPIENT:

I. SCOPE OF PROGRAM
A. General Administration
In compliance with all of the terms and conditions of this AGREEMENT, the SUBRECIPIENT agrees to provide the services set forth in the Scope of Work (Exhibit A), which provides a description of each activity, including the services to be performed, the person(s) or entity providing the services, the estimated number of recipients of the services, and the manner and means of the services. The SUBREOPIENT represents and warrants that the services to be provided to implement the Scope of Work shall be performed in a competent, professional and satisfactory manner in accordance with the ERF program.

B. Levels of Accomplishment — Goals and Performance Measures The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in the Scope of Work (Exhibit A) and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustment to the grant award is appropriate.

C. Staffing; Relationship of Parties: No Third-Party Rights The SUBRECIPIENT shall ensure adequate and appropriate staffing is allocated to each program activity. Nothing contained in this AGREEMENT is intended to, or shall be construed by the Parties, or by any third party, as creating or establishing the relationship of employer/employee, principal and agent, partnership or joint venture between the Parties, it being understood and agreed that SUBRECIPIENT is and will be at all times an independent contractor pursuant to this AGREEMENT and shall not, in any way, be considered to be an officer, agent or employee of the CITY. The Parties intend that no rights or remedies be granted to any third party as a beneficiary of this AGREEMENT or of any covenant, duty, obligation or undertaking established herein.

II. TERM OF AGREEMENT
This AGREEMENT shall take effect on November 1, 2024, and shall terminate on November 30, 2026, unless otherwise cancelled or modified according to the terms of this AGREEMENT. 2 III. DISBURSEMENT AND FUNDS
A. Maximum Amount of Disbursements; Method of Disbursement CITY agrees to reimburse SUBRECIPIENT when, if and to the extent funds are received under provisions of federal and state law a sum not to exceed $3,047,465.21 for SUBRECIPIENT'S performance of the Scope of Work in accordance with the Budget attached hereto as Exhibit B.

Requests for disbursements by SUBRECIPIENT shall be made by SUBRECIPIENT sending to the CITY, on or before the 15 th day of the month, a detailed invoice in a form specified and approved by the CITY. Such schedule may be modified with the approval of the CITY. The CITY shall distribute ERF funds in monthly installments, as requested by SUBRECIPIENT, in arrears, in order to compensate SUBRECIPIENT for the provision of SUBRECIPIENT'S services under this AGREEMENT.

SUBRECIPIENT has the ability to adjust line-item amounts in the Budget with the prior written approval of the CITY's Director of the Depattment of Housing and Community Development, so long as the total Budget amount does not increase.

B. Payment
Payment is subject to the receipt and approval of such invoices and monthly activity reports, as hereinafter more fully set forth below under Reporting, with the final payment being due and payable upon the receipt of an invoice and report for the last month of the term of this AGREEMENT and the CITY'S approval thereof, which invoice and report shall be due on or before July 15 following the expiration of the term of this AGREEMENT. The CITY shall pay such invoices within thirty (30) days after receipt thereof, provided the CITY is satisfied that such expenses have been incurred within the scope of this AGREEMENT and that the SUBRECIPIENT is in compliance with the terms and conditions of this AGREEMENT. The thirty (30) day period will discontinue if the reimbursement request is determined to be incomplete and will restart the thirty-day timeline once the remaining required elements have been submitted.

Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY.

C. Use of Funds
The SUBRECIPIENT agrees to use said funds pursuant to this AGREEMENT to pay for necessary and reasonable costs allowable under the ERF program and applicable federal and state laws, regulations, guidance and/or funding source requirements. Said amounts shall include and will be limited to expenditures consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. Allowable program costs are detailed in the Budget, as set forth in Exhibit B. The SUBRECIPIENT'S failure to perform, as required, may, in addition to other remedies set forth in this AGREEMENT, result in readjustment of the amount of funds the CITY is otherwise obligated to pay to the SUBRECIPIENT pursuant to the terms hereof
3 D. Condition of Funding
(1) The CITY advises the SUBRECIPIENT that a significant change in entitlement funding may result in a change in the current process utilized by the CITY to determine funding allocations. The SUBRECIPIENT acknowledges that the obligation of the CITY is contingent upon the availability of federal, state or local government funds, which are appropriated or allocated for the payment of such an obligation. If funding levels are significantly affected by federal, state or local budgeting or if funds are not allocated and available for the continuance of the function performed by the SUBRECIPIENT, this AGREEMENT may be terminated by the CITY at the end of the period for which funds are available. In the event of funding reduction, the CITY may reduce the Budget for this AGREEMENT as a whole or may limit the rate by which SUBRECIPIENT receives the ERF funds for providing SUBRECIPIENT'S services hereunder. At the earliest opportunity, the CITY shall notify the SUBRECIPIENT of any services which may be affected by a shortage of funds. No penalty shall accrue to the CITY in the event this provision is exercised and the CITY shall not be liable for any damages as a result of termination under this provision of this AGREEMENT. Nothing herein shall be construed as obligating the CITY to expend funds in excess of appropriations authorized by law. (2) The SUBRECIPIENT shall allow representatives of the CITY or State of California and their agents and representatives to inspect facilities which are used in connection with the AGREEMENT or which implement programs funded under this AGREEMENT and to observe the provision of services. The CITY is under no duty to supervise the provision of SUBRECIPIENT'S services. Any inspection or examination by the CITY is for the sole purpose of protecting and preserving the CITY's rights under this AGREEMENT. No default of SUBRECIPIENT shall be waived by any inspection by the CITY. In no event shall any inspection by the CITY be a representation that there has been or will be compliance with this AGREEMENT or that SUBRECIPIENT is in compliance with any federal, state and local laws, ordinances, regulations and directives applicable to the performance of this AGREEMENT or the provision of SUBRECIPIENT'S services. (3) Where the CITY has reasonable grounds to question the fiscal accountability, financial soundness, or compliance with this AGREEMENT by the SUBRECIPIENT, the CITY may suspend the operation of this AGREEMENT for up to sixty (60) days upon three (3) days' notice to SUBRECIPIENT of the CITY'S intention to so act, pending an audit or other resolution of such questions.

E. Separation of Accounts
All funds received by the SUBRECIPIENT from the CITY pursuant to this AGREEMENT shall be maintained separate and apart from any other funds of the SUBRECIPIENT, or of any principal or member of the SUBRECIPIENT, in an account (the "Account") at a federally insured banking or savings and loan institution with record keeping of such Accounts maintained pursuant to applicable legal requirements. The SUBRECIPIENT shall keep all records of the Account in a manner that is consistent with generally-accepted accounting principles. No monies shall be withdrawn from the Account except for expenditures relating to essential services and/or operations costs, as authorized hereunder. All disbursements from the Account shall be for obligations incurred in the 4 performance of this AGREEMENT and shall be supported by contracts, invoices, vouchers, and other data, as appropriate, evidencing the necessity of such expenditure. The CITY may withhold payment allocation requests if the SUBRECIPIENT fails to comply with the above requirements until such compliance is demonstrated to the satisfaction of the CITY.

F. Expenditure of Funds
It is a requirement for the SUBRECIPIENT to expend all of the grant funds for eligible activity costs within the term of this AGREEMENT. For the purposes of this paragraph, expenditure means either an actual cash disbursement for a direct charge for goods or services or an indirect cost, or the accrual of a direct charge for goods or services or an indirect cost. Failure to expend said funds within said timeframe can result in a reallocation of funds.

G. Prohibited Use
(1) Generally. The SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this AGREEMENT to pay for meals for persons and families. Said funds shall not be used for entertainment purposes or for gifts. The SUBRECIPIENT certifies that it will not use said funds for illegal or dishonest conduct; rather, the use of ERF funds will remain in compliance with all applicable federal, state, and local laws, including applicable laws not outlined in this AGREEMENT. (2) Travel and Conference Restrictions. SUBRECIPIENT covenants and agrees that travel and conference expenses will not be paid for by funds provided through this AGREEMENT.

IV. NOTICES
All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either CITY or SUBRECIPIENT to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:

If to CITY:

With copies to:

City Clerk
City of Anaheim
200 S. Anaheim Boulevard, 2nd Floor
Anaheim, California 92805
FAX No. (714) 765-4105
Director
Housing and Community Development Department
City of Anaheim
201 S. Anaheim Boulevard, 10th Floor
Anaheim, California 92805
FAX No. (714) 765-4630
5 City Attorney
City of Anaheim
200 S. Anaheim Boulevard, 3rd Floor
Anaheim, California 92805
FAX No. (714) 765-5123

If to SLTBRECIPIENT: Mariposa Women and Family Center
1845 West Orangewood Avenue, Suite 300
Orange, CA 92868
Attention: Krista Driver
President & Chief Executive Officer
Telephone No.: (714) 547-6494
V. GENERAL CONDITIONS

A. Compliance with ERF Grant Award Agreement
CITY has been allocated ERF funds from the State of California pursuant to Standard Agreement Number 24-ERF-3-R-100001 approved as of August 14,2024. A true and correct copy of the ERF Award Agreement is attached hereto as Exhibit C and incorporated herein by this reference.

SLTBRECIPIENT acknowledges and agrees to comply with all of the terms and requirements of said ERF Grant Award Agreement.

B. Compliance with Applicable Laws
In carrying out the program, SUBRECIPIENT shall comply with the ERF policies and procedures, and all other applicable ERF policies, as made available to SUBRECIPIENT on the State of California website, as well as all federal, state and local laws, rules, and regulations.

C. Health Insurance Portability and Accountability Act (HIPPA) Compliance SUBRECIPIENT shall comply with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Health Information Technology for Economic and Clinical Health ("HITECH") Act and any regulations promulgated thereunder ("HIPAA Requirements") in performing their obligations under the Agreement.

If required by HIPAA Requirements, the Parties agree to execute the State of California's HIPAA Business Associate Agreement, which shall be incorporated into this Agreement, and comply with the terms and conditions thereof.

D. Confidentiality of Information
SUBRECIPIENT and its employees, agents, and subcontractors shall protect from unauthorized disclosure the names and other identifying information concerning persons either receiving services pursuant to this AGREEMENT or persons whose names or identifying information become available or are disclosed to SUBRECIPIENT, its employees, agents, or subcontractors as a result of this AGREEMENT. SUBRECIPIENT and its employees, agents, and subcontractors 6 shall not use such identifying information for any purpose other than carrying out SUBREOPIENT'S obligations under this AGREEMENT.

E. Independent Contractor
Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the Parties. The SUBRECIPIENT and any agent or employee of SUBRECIPIENT shall act in an independent capacity and not as officers or employees of the CITY. CITY assumes no liability for SUBREOPIENTS actions and performance; nor does the CITY assume responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for SUBRECIPIENT.

SUBRECIPIENT shall not have authority to act as an agent on behalf of CITY unless specifically authorized to do so in writing. SUBRECIPIENT acknowledges that it is aware that because it is an independent contractor, CITY is making no deduction from any amount paid to SUBRECIPIENT and is not contributing to any fund on its behalf. SUBRECIPIENT disclaims the right to any fee or benefits except as expressly provided for in this AGREEMENT.

As respects all acts or omissions of SUBRECIPIENT relating to SUBRECIPIENT'S responsibility for taxes, bonds, payments, or other commitments, implied, or explicit, by or for SUBRECIPIENT, the SUBRECIPIENT agrees to indemnify, defend (at the CITY's option), and hold harmless the CITY, its officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, reasonable defense costs, or liability of any kind or nature to the extent arising out of or in connection with the SUBREOPIENT'S performance or failure to perform under this Section.

F. Subcontracts
(1) Content Requirements. The SUBRECIPIENT will include all relevant provisions of this AGREEMENT in all subcontracts entered into as part of the activities undertaken in furtherance of this AGREEMENT and will take appropriate action pursuant to any subcontract upon a finding that the subcontractor is in violation of regulations issued by any agency. The SUBRECIPIENT will not allow any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of the ERF regulations.

Submission to the CITY. The SUBRECIPIENT must submit all subcontracts and other AGREEMENTs that relate to this AGREEMENT to the CITY.

G. Licensing
The SUBRECIPIENT agrees to obtain and maintain, at its sole cost and expense, all required licenses, registrations, accreditation, permits and approvals as may be required by law for its operations and the performance of its services under this AGREEMENT. The SUBRECIPIENT shall ensure that its staff and subcontractors shall also obtain and maintain all required licenses, registrations, accreditation, permits and approvals as may be required by law for the performance of services hereunder. Such licensing requirements include obtaining a CITY business license, as applicable. SUBRECIPIENT shall have the sole obligation to pay for any fees, assessments and 7 taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the services required by this AGREEMENT.

H. Responsibilities Toward Employees
The SUBRECIPIENT accepts full responsibility for payment of any and all unemployment compensation, insurance premiums, workers' compensation premiums, income tax withholdings, social security withholdings, and any and all other taxes or payroll withholdings required for all employees engaged in the performance of the work and activities authorized by the AGREEMENT. The SUBRECIPIENT accepts full responsibility for providing workers with proper safety equipment and taking any and all necessary precautions to guarantee the safety of workers or persons otherwise affected.

I. Insurance and Bonding
(1) Generally. The SUBRECIPIENT shall maintain liability and property insurance to cover actionable legal claims for liability or loss which are the result of injury to or death of any person, or damage to property (including property of SUBRECIPIENT) caused by the negligent acts or omissions, or negligent conduct of the SUBRECIPIENT, its employees, agents or subcontractors, to the extent permitted by law, in connection with the activities pursuant to this AGREEMENT.

The SUBRECIPIENT shall obtain prior to commencing any services or activities under this AGREEMENT, at its sole cost, and maintain during the term of this AGREEMENT, insurance coverage as set forth below.
(2) Limits. The SUBRECIPIENT shall maintain, at all times, the following minimum levels of Insurance, and shall, without in any way altering its liability, obtain, pay for, and maintain insurance for the coverages and amounts of coverage not less than those set forth below:
(a) Workers' Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000 per occurrence/accident/illness/injury.
(b) Comprehensive General Liability Insurance or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, Broad-Form Property Damage, Independent Contractor's Liability and Fire Damage Legal Liability, in an amount of not less than $1,000,000 combined single limit of liability for bodily injuries, death, and property damage resulting from any one occurrence, and not less than $3,000,000 aggregate per year. (c) Comprehensive Automobile Liability coverage, including - as applicable - owned, non-owned and hired autos, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form, and not less than $3,000,000 aggregate per year.
8 The SUBRECIPIENT'S self-insured retention or deductible per line of coverage shall not exceed $25,000 without the permission of the CITY.
(3) Each policy of general liability and automobile liability insurance required by this AGREEMENT shall contain the following clauses:
"Written notice of cancellation shall be delivered to the City Clerk of the City of Anaheim, 200 S. Anaheim Boulevard, Anaheim, CA 92805 in accordance with the policy provisions."
"It is agreed that any insurance maintained by the City of Anaheim shall apply in excess of and not contribute with insurance provided by this policy."
"The City of Anaheim, its officials, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Anaheim." SUBRECIPIENT hereby agrees to waive subrogation which any insurer of the SUBRECIPIENT may acquire from the SUBRECIPIENT by virtue of the payment of any loss. If requested by CITY, SUBRECIPIENT agrees to obtain and deliver to CITY an endorsement from SUBRECIPIENT'S general liability and automobile insurance insurer to effect this waiver of subrogation.
(4) Required Certificates and Endorsements. Prior to commencement of any work under this AGREEMENT, the SUBRECIPIENT shall deliver to CITY (i) insurance certificates confirming the existence of the insurance required by this AGREEMENT, and including the applicable clauses referenced above and (ii) endorsements to the above- required policies, which add to these policies the applicable clauses referenced above.

Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by CITY, it shall be the SUBRECIPIENT'S responsibility to see that CITY receives documentation, acceptable to CITY, which sustains that the individual signing such endorsements is indeed authorized to do so by the insurance company. Also, CITY reserves the right at any time to demand, and to receive within a reasonable time period, certified copies of any insurance policies required under this AGREEMENT, including endorsements effecting the coverage required by these specifications. (5) Company Rating. All insurance coverage shall be written with a company having an AM. Best Rating of "A" or better and financial size of VIII or larger. (6) Failure to Comply. In the event of any failure by the SUBRECIPIENT to comply with these provisions, the CITY may, after notice to the SUBRECIPIENT, suspend the program for cause until there is full compliance.
9 J. Zoning
The SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should the SUBREClPIENT fail to have the required land entitlement and/or permits, thus violating any local, state, or federal rules and regulations relating thereto, the SUBRECIPIENT shall immediately make good-faith efforts to gain compliance with local, state, or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. The SUBRECIPIENT shall notify the CITY immediately of any pending violations. Failure to notify the CITY of pending violations, or to remedy such known violation(s), shall result in termination of grant funding hereunder. The SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder.

K. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or correctly inserted, then upon the application of either Party, the contract shall forthwith be physically amended to make such insertion or correction.

VI. ASSURANCES AND CERTIFICATIONS
A. Non-Profit Status
The SUBRECIPIENT certifies that:
(1) The SUBRECIPIENT is a duly organized and existing non-profit corporation in good standing and authorized to do business under the laws of the State of California and in possession of required non-profit status under the United States Internal Revenue Code [for example, 26 USC § 501(c)(3)]. The SUBRECIPIENT has full right, power, and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance, and delivery of this AGREEMENT by the SUBRECIPIENT has been fully authorized by all requisite actions on the part of the SUBRECIPIENT.
(2) If the SUBRECIPIENT'S non-profit status changes at any time during this AGREEMENT, it will advise the CITY within 15 days.
(3) If the SUBRECIPIENT is a private non-profit, it hereby agrees that the members of its Board of Directors will receive no compensation, directly or indirectly, other than reimbursement for expenses, from any funds generated from or because of the ERF program, for their services.
10 B. Adherence to Federal, State, and Local Laws and Regulations (1) General. The SUBRECIPIENT agrees to comply with all requirements of the ERF program and applicable cross-cutting Federal, State, and Local requirements. (2) Civil Rights. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of the Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Age Discrimination Act of 1975.
(3) Nondiscrimination and Equal Employment Opportunity. During the performance under this AGREEMENT, the SUBRECIPIENT shall not discriminate against any employee or applicant for employment based on race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall take affirmative action to ensure that all applicants and employees are treated without regard to race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, and sexual orientation. (4) Nondiscrimination and Equal Opportunity in Participation. The SUBRECIPIENT shall not discriminate against any participant on the ground of race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familiar status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall, through affirmative outreach, make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. The SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities. (5) Americans with Disabilities Act. The SUBRECIPIENT agrees to comply with any federal regulations issued pursuant to compliance with the Americans with Disabilities Act which prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and Local government services, and public accommodations.

C. Falsification of Information
The SUBRECIPIENT represents and warrants that it has made no false statements to the CITY in the process of obtaining this award of the ERF funds.

D. Additional Terms between the CITY and State of California The SUBRECIPIENT agrees further that it shall be bound by the ERF terms and conditions, and such other rules, regulations, or requirements as the State of California may reasonably impose in addition to the aforementioned assurances at or subsequent to the execution of this AGREEMENT by the Parties hereto.
11 E. OSHA
Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous, or dangerous to the participants' health or safety.

VII. ADMINISTRATIVE REQUIREMENTS
A. Generally
SUBRECIPIENT shall procure all materials, property, or services in accordance with the applicable CITY requirements.

B. Procurement
The SUBRECIPIENT shall comply with current CITY policies concerning the procurement of equipment, goods, and services, and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. The SUBRECIPIENT shall report to the CITY all program assets (unexpended program income, property, equipment, etc.), and upon the CITY'S request, such assets shall revert to the CITY upon termination of this AGREEMENT.

C. Reporting
Reporting requirements must conform to the policies and procedures as established by the CITY.

The SUBRECIPIENT shall submit to the CITY, on or before the 15th day of, January, April, July, and October as part of the Quarterly Report:
(1) Payment Request. An original request for reimbursement and true copies of invoices, receipts, AGREEMENTs, or other documentation supporting and evidencing how the ERF funds have been expended during the applicable quarter. (2) Quarterly Activities and written cumulative (year-to-date) reports of activities, program accomplishments, new program information, and up-to-date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY.
(3) Final Report. A final report of the activity and program accomplishments, which shall include reports covering the term of this AGREEMENT, shall be submitted within 30 days of expiration of this AGREEMENT.
(4) Any other such reports as the CITY shall reasonably require and/or request, including but not limited to the following information: monthly records of all ethnic and racial statistics of persons and families benefited by the SUBRECIPIENT in the performance of its obligations under this AGREEMENT.
12 D. Record Keeping
Sufficient records must be established and maintained to enable the CITY and State to determine whether the ERF program requirements are being met. Record keeping requirements must conform to the policies and procedures as established by the CITY. All accounting records, reports, all evidence pertaining to costs, expenses, and ERF funds of the SUBRECIPIENT, and all documents related to this AGREEMENT shall be maintained and kept available at the SUBRECIPIENT'S office or place of business for the duration of the AGREEMENT and thereafter for five (5) years post-completion of an audit in conformity with the ERF program requirements, except as hereinafter provided relating to retention of any records or documentation existing, created, or maintained in compliance with Lead-based Paint regulations, which likely require longer retention as outlined below. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this AGREEMENT, or (b) costs and expenses of this AGREEMENT to which the CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. All records relating to, or created or maintained in compliance with, the Lead-Based Paint regulations shall be retained and maintained by the SUBRECIPIENT indefinitely, including without limitation, all inspection report(s), disclosure statement(s), and clearance report(s). Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. The CITY, State and auditors shall have the right to access all SUBRECIPIENT records for as long as the records are retained by the SUBRECIPIENT. In the event the SUBRECIPIENT does not make the above-referenced documents available within the City of Anaheim, California, the SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by the CITY in conducting any audit at the location where said records and books of account are maintained.

E. Client Data
The SUBRECIPIENT shall maintain client data demonstrating client eligibility for services provided. Such data 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 made available to Grantee monitors or their designees for review upon request.

F. Disclosure
The SUBRECIPIENT understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the SUBRECIPIENT'S responsibilities with respect to services provided under this contract, is prohibited unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.

G. Financial Management
Accounting Standards. The SUBRECIPIENT agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
13 VIII. EVALUATION AND MONITORING
A. Generally
The CITY will monitor the performance of the SUBRECIPIENT against goals and performance standards as required herein. The SUBRECIPIENT shall provide the CITY all necessary reporting information as required by the CITY in the administration and review of the program. Substandard performance as determined by the CITY will constitute noncompliance with this AGREEMENT.

If action to correct such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated.

B. Access to Records
The SUBRECIPIENT gives the CITY, including their authorized representative, access to and the right to examine all records, books, papers, items, emails, and documents, both physical and electronic, relating to the program.

C. Audit
The CITY shall have the right to audit and monitor any program income as a result of an ERF program activity. Upon request by the CITY and for audit purposes, the SUBRECIPIENT further agrees to provide all files, records, and documents pertaining to related activities and clientele demographic data.

IX. LIABILITY
A. Generally
Each Party to this AGREEMENT acknowledges that it will be liable for its own negligent acts or negligent omissions by or through itself, its employees, agents, and subcontractors. Each Party further agrees to defend itself and themselves, and to pay any judgments and costs arising out of such negligent acts or omissions, and nothing in this AGREEMENT shall impute or transfer any such liability from one to the other. In other words, the SUBRECIPIENT agrees to be fully responsible for its negligent acts or omissions, or any intentional tortuous acts which result in claims or suits against the CITY, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein shall be construed as consent by a State or CITY agency or subdivision to be sued by third parties in any matter arising out of any contract, and nothing herein is intended to serve as a waiver of sovereign immunity where sovereign immunity applies.

B. CITY not Liable for Funds
The SUBRECIPIENT further acknowledges that the source of the ERF funds is a State pass- through grant to the SUBRECIPIENT. The CITY shall have no obligation to advance or pay the SUBRECIPIENT with any funds other than the ERF funds the CITY receives from the State of California.
14 C. Hold Harmless
The SUBRECIPIENT shall defend, indemnify and save harmless the CITY, its officers, agents, employees, representatives, volunteers, and student externs from and against any and all claims, demands, defense costs, liability or damages of any kind or nature resulting from or arising out of the acts, errors or omissions of the SUBRECIPIENT, its officers, directors, employees, agents, subcontractors, and suppliers in the performance of SUBRECIPIENT'S services and activities under this AGREEMENT.

X. ENVIRONMENTAL CONDITIONS
The SUBRECIPIENT agrees to comply with all applicable environmental requirements insofar as they apply to the performance of this AGREEMENT, including but not limited to the Clean Air Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. If applicable, the SUBRECIPIENT also shall comply with the Historic Preservation requirements of the National Historic Preservation Act of 1966.

XI. CONFLICTS OF INTEREST
With respect to all decisions involving the use of ERF funds, the following restriction shall apply:

No person who is an employee, agent, consultant, officer, or elected or appointed official of the SUBRECIPIENT and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or AGREEMENT with respect thereto, or the proceeds there under, either for himself or herself, or for those with who he or she has family or business ties, during his or her tenure or for one (1) year thereafter. All contractors of the SUBRECIPIENT must comply with the same requirements that apply to the SUBRECIPIENT under this section.

XII. ASSIGNABILITY
None of the duties of, or work to be performed by, the SUBRECIPIENT under this AGREEMENT shall be subcontracted or assigned to any agency, consultant or person without the prior written consent of the CITY. The SUBRECIPIENT must submit all subcontracts and other AGREEMENTs that relate to this AGREEMENT to the CITY. No subcontract or assignment shall terminate or alter the legal obligations of the SUBRECIPIENT pursuant to this AGREEMENT.

XIII. EXCLUSIVITY OF AGREEMENT
This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the Parties hereto with respect to the use of the CITY' s ERF funds by the SUBRECIPIENT and contains all the covenants and agreements between the Parties with respect to such ERF funds in any manner whatsoever. Each Party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both the CITY and 15 the SUBRECIPIENT.

XIV. AMENDMENTS OR MODIFICATIONS
The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize ERF funds for any activity or purpose not included or not in conformance with the budget as apportioned and as submitted to the CITY unless:
(1) The SUBRECIPIENT has received explicit written approval from the CITY to undertake such actions, or
(2) Budget changes may be made among approved program activities and among approved budget categories so long as the specific project activity has been approved, there is no change to the total grant amount, and the changes to the budget are documented.

Any program modification request by the SUBRECIPIENT must be requested at least forty-five (45) days prior to the end of the term of this AGREEMENT. No modification to this AGREEMENT shall be binding by either Party unless in writing and signed by both Parties.

In the event that the CITY approves any amendment to the funding allocation, the SUBRECIPIENT shall be notified in writing and such notification shall constitute an official amendment. The CITY may, at its discretion and upon provision of proper notice to the SUBRECIPIENT, amend this AGREEMENT to conform with changes in Federal, State, and/or the CITY laws, regulations, guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this AGREEMENT.

XV. VIOLATION OF TERMS AND CONDITIONS
A. Events of Default
For purposes of this Section XV, the word "Default" shall mean the failure of SUBRECIPIENT to perform any of SUBRECIPIENT'S duties or obligations or the breach by SUBRECIPIENT of any of the terms and conditions set forth in this AGREEMENT. In addition, SUBREC1P1ENTS shall be deemed to be in Default upon SUBRECIPIENT'S (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets, (ii) making a general assignment for the benefit of creditors, (iii) being adjudged bankrupt, (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing), or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of SUBRECIPIENT'S assets or of SUBRECIPIENT'S interests hereunder.

CITY shall not be deemed to be in Default in the performance of any obligation required to be performed by CITY hereunder unless and until CITY has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from SUBRECIPIENT specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of CITY's obligation is such that more than thirty (30) days are required for its performance, then 16 CITY shall not be deemed to be in Default if CITY shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.

B. Institution of Legal Actions
In addition to any other rights and remedies, and subject to the restrictions otherwise set forth in this AGREEMENT, either Party may institute an action at law or in equity to seek the specific performance of the terms of this AGREEMENT, to cure, correct or remedy any Default, to recover damages for any Default or to obtain any other remedy consistent with the purpose of this AGREEMENT. Such legal actions must be instituted in the Superior Court of the County of Orange, State of California or in the United States District Court for the Central District of California.

C. Acceptance of Service of Process
In the event that any legal action is commenced by the SUBRECIPIENT against CITY, service of process on CITY shall be made by personal service upon the Executive Director or in such other manner as may be provided by law. In the event that any legal action is commenced by CITY against the SUBRECIPIENT, service of process on the SUBRECIPIENT shall be made by personal service upon SUBREC1PIENT'S Representative or in such other manner as may be provided by law.

D. Rights and Remedies Are Cumulative
Except as otherwise expressly stated in this AGREEMENT, the rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other Party.

E. Inaction Not a Waiver of Default
Any failures or delays by either Party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.

F. Attorneys' Fees
CITY and SUBRECIPIENT agree that in the event of litigation to enforce this AGREEMENT or terms, provisions and conditions contained herein, to terminate this AGREEMENT, or to collect damages for a Default hereunder, the prevailing Party shall be entitled to all costs and expenses, including reasonable attorneys' fees, incurred in connection with such litigation.

G. Immediate Termination for SUBRECIPIENT'S Default
In the event of any Default by SUBRECIPIENT, CITY may immediately terminate this AGREEMENT. Such termination shall be effective immediately upon receipt by 17 SUBRECIPIENT of written notice from CITY. In such event, SUBRECIPIENT shall have no further rights hereunder; CITY shall have all other rights and remedies as provided by law.

H. Termination Without Cause
CITY may terminate this AGREEMENT at any time without the necessity of cause or Default by SUBRECIPIENT by giving fifteen (15) days notice in writing to SUBRECIPIENT. In such event, SUBRECIPIENT shall have no further rights hereunder, except that SUBRECIPIENT shall be paid for all Services rendered prior to receipt of notice of such termination.

I. Time for Performance
Time is of the essence in the performance of this AGREEMENT. SUBRECIPIENT shall perform and complete all of SUBREC1PIENT'S services in a timely and expeditious manner.

SUBRECTPIENT shall not be responsible for delays caused by circumstances beyond its reasonable control, provided that SUBRECIPIENT has delivered to the CITY written notice of the cause of any such delay within ten (10) days of the occurrence of such cause.

XVI. CLOSE-OUT
The SUBRECIPIENT agrees to comply with the following closeout procedures:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the expiration of the term all financial, performance, and other reports as required by the terms and conditions of the ERF award;
(2) Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the ERF award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the ERF award;
(3) SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects;
(4) SUBRECIPIENT must account for any real and personal property acquired with ERF funds; and,
(5) The CITY should complete all closeout actions for the ERF award no later than one year after receipt and acceptance of all required final reports.

XVII. VALIDITY AND SEVERABILITY
The invalidity in whole or in part of any provision of this ARGREEMENT shall not void or affect the validity of any other provision of this AGREEMENT. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid 18 under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT.

XVIII. LAWS GOVERNING THIS AGREEMENT
This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations.

XIX. WAIVER
No delay or omission by the CITY hereto to exercise any right or power accruing upon any non- compliance or default by the SUBRECIPIENT with respect to any of the terms of this AGREEMENT shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the Parties hereto of any of the covenants, conditions, or AGREEMENTs to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or AGREEMENT herein contained.

XX. AGREEMENT DOCUMENT, EXHIBITS, AND ATTACHMENTS
All of the attachments and exhibits attached to this AGREEMENT are deemed incorporated by reference. This document may be executed in three (3) counterparts, each of which shall be deemed to be an original. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective Parties to each of the terms of this AGREEMENT, and shall indemnify the CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to the CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
(Remainder of page intentionally left bank; signatures on next page) 19 IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS
AGREEMENT AS OF THE RESPECTIVE DATES SET FORTH BELOW.
"ANAHEIM"

CITY OF ANAHEIM,
a municipal corporation and charter city
Dated: , 2024 By:

Grace Ruiz-Stepter,
Director, Department of Housing and
Community Development
ATTEST:

THERESA BASS, CITY CLERK
City Clerk
APPROVED AS TO FORM:

ROBERT FABELA, CITY ATTORNEY
By:

Ryan 0. Hodge
Deputy City Attorney Zi to /ii
"SUBRECIPIENT"

MARIPOSA WOMEN AND FAMILY
CENTER, a California nonprofit corporation
Dated: , 2024 By:

Krista Driver
151937 President & Chief Executive Officer
20 ACKNOWLEDGEMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.

State of California )
County of
On , before me,
(date) (here insert name and title of the office')
personally appeared
(here insert name(s) of signer(s))
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal.
(Signature) (Seal)
EXHIBIT "A"

SCOPE OF WORK
[Behind this page.]
Exhibit A

EXHIBIT A

SCOPE OF WORK
As part of the Anaheim Comprehensive Encampment Solutions (ACES) program, Mariposa Women and Family Center will provide encampment resolution activities at a non-contiguous site around La Palma Park and State Route 91 at the east/west Lemon Street exits (Prioritized Site). Project scope includes identifying eligible program participants, providing targeted homelessness outreach services, enhanced case management and housing navigation services, connections to interim and permanent housing, as well as providing sound fiscal management of City funds.

The program will emphasize the provision of proactive and ongoing outreach services and case management that will follow a household as they leave the Prioritized Site and work towards permanent housing. Case management services must emphasize a trauma-informed and person- centered approach to obtaining housing.

Program participants must be experiencing unsheltered homelessness as defined by federal guidelines; be identified as eligible to be placed on the project by-name list; and when applicable, qualify for interventions available through the ACES program. Households at the top of the by-name list will be prioritized for immediate interim and rapid rehousing resources as they are available (subject to confirmation by City program staff). For rental assistance programs, the City of Anaheim applies an admission preference to applicants who can demonstrate a connection to Anaheim as defined by program guidelines.

Program households may receive up to 24 months of case management, up to three months of interim housing (subject to the discretion of City staff), up to 24 months of rapid rehousing, and other program-related housing stabilization services such as, but not limited to: counseling, legal services, credit repair. All households must be assessed for placement on the region's Coordinated Entry System and if a housing match through CES is available, the CES match must be presented to households as a housing option.

The particular work to be performed for this Program is as follows:

Activity Expected Outcome Expected # of Persons Served
Street outreach case
management and housing
navigation
Perform initial needs assessment
to develop a case management
plan to transition target
household on the by-name list to
leveraged resources and housing
All clients served
Exhibit A — Page 1
Interim housing for target
households on the by-name list
J
Stabilize target households on
the by-name list through interim
housing
Up to 75 households served by
interim shelter
Permanent housing/bridge
housing placements for target
households on the by-name list
Transition target households on
the by-name list to permanent
and bridge housing
Up to 75 households served by
permanent and bridge shelter
Established progress reports to
City of Anaheim
Provide updated client
information on a scheduled basis
to City of Anaheim staff of
client movements
All clients served
HMIS (or comparable database) Accurate and detailed client's data tracking All clients served
Note: Provider must report housing placement and supportive service referrals in the client file and HMIS.

Exhibit A — Page 2
EXHIBIT "B"
BUDGET
[Behind this page.]
Exhibit B
Exhibit B - Program Budget
Mariposa Women and Family Center
Anaheim Comprehensive Encampment Solutions (ACES) Program 2-Year Budget Expense Category ERF Funds Leveraged Funds Total Budget JPersonnel Services
Salaries Year 1 Year 2
Program Director (.25 FTE) $ 25,480.00 $ 26,000.00 $ 51,480.00 $ - $ 51,480.00 Program Administrator (1FTE) $ 79,040.00 $ 81,120.00 $ 160,160.00 $ - $ 160,160.00 Housing Navigator (1FTE) $ 62,400.00 $ 64,480.00 $ 126,880.00 $ - $ 126,880.00 Outreach Care Coordinator (3 FTE) $ 187,200.00 $ 193,440.00 $ 380,640.00 $ - $ 380,640.00 Driver (1 FTE) $ 45,760.00 $ 47,840.00 $ 93,600.00 $ - $ 93,600.00 Clerical (1 FTE) $ 49,920.00 $ 52,000.00 $ 101,920.00 $ - $ 101,920.00 ECM Case Managers (3 FTE) $ - $ - $ - $ 374,400.00 $ 374,400.00 Mental Health Counselor (3 FTE) $ - $ - $ - $ 436,800.00 $ 436,800.00 Subtotal Personnel $ 449,800.00 $ 464,880.00 $ 914,680.00 $ 811,200.00 $ 1,725,880.00 Benefits @14.10% $ 63,421.80 $ 65,548.08 $ 128,969.88 $ 114,379.20 $ 243,349.08 Total Personnel Services $ 513,221.80 $ 530,428.08 $ 1,043,649.88 1 $ 925,579.20 $ 1,969,229.08 Outreach Operating Costs
Office Space $ 110,000.00 $ 112,000.00 $ 222,000.00 $ 258,000.00 $ 480,000.00 RUME Medical (MAT and Psy Nurse) $ - $ - $ - $ 220,000.00 $ 220,000.00 Vehicle Purchase (1) for property
transport $ 25,000.00 $ - $ 25,000.00 $ - $ 25,000.00 Computer/Software Purchase: 4 tablets,
4 digital pens, 6 laptops $ 7,500.00 $ - $ 7,500.00 $ - $ 7,500.00 Mobile Phone $ 3,500.00 $ 3,500.00 $ 7,000.00 $ $ 7,000.00 Vehicle Insurance $ 1,500.00 $ 1,500.00 $ 3,000.00 $ - $ 3,000.00 Transportation: gas, vehicle registration $ 13,000.00 $ 17,000.00 $ 30,000.00 $ - $ 30,000.00 Office Expense: business cards,
backpacks, uniforms, misc office exp. $ 10,600.00 $ 10,600.00 $ 21,200.00 $ - $ 21,200.00 Flex funds: client related fees, ID
vouchers, uber, bus passes, animal
boarding etc.) $ 15,000.00 $ 15,000.00 $ 30,000.00 $ - $ 30,000.00 Training/Travel: mileage reimbursment
(staff), CPR, TB $ 9,000.00 $ 9,000.00 $ 18,000.00 $ - $ 18,000.00 Subtotal Outreach Operating Costs $ 195,100.00 $ 168,600.00 $ 363,700.00 $ 478,000.00 $ 841,700.00 Interim Housing Costs
3 months temporary shelter for 75 clients
(estimate only) $ 150,000.00 $ 75,000.00 $ 225,000.00 $ - $ 225,000.00 Rapid Rehousing Costs
1-8 to 2-4 months for 75 clients(estimate
only) $ 645,000.00 $ 625,000.00 $ 1,270,000.00 $ - $ 1,270,000.00 Total Direct Program $ 1,503,321.80 $ 1,399,028.08 $ 1,407,349.88 $ 1,403,579.20 $ 2,810,929.08 Total Indirect @ 5% $ 75,163.93 $ 69,951.40 $ 145,115.33 $ 70,178.96 $ 215,294.29 Total Direct & Indirect Costs $ 1,578,485.73 $ 1,468,979.48 $ 3,047,465.21 $ 1,473,758.16 $ 4,521,223.37 i
Totals $ 1,578,485.73 $ 1,468,979.48 $ 3,047,465.21 $ 1,473,758.16 $ 6,016,223.37 EXHIBIT "C"

ENCAMPMENT RESOLUTION FUNDING PROGRAM

STANDARD AGREEMENT
[Behind this page.]
Exhibit C

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT
STD 213 (Rev. 04/2020)

AGREEMENT NUMBER
24-ERF-3-R-100001
PURCHASING AUTHORITY NUMBER (If Applicable)

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

SCO ID:

CONTRACTING AGENCY NAME

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

CONTRACTOR NAME
City of Anaheim

2. The term of this Agreement is:

START DATE
Upon HCD Approval

THROUGH END DATE
04/15/2029

3. The maximum amount of this Agreement is:
$3,182,054.17 (Three Million One Hundred Eighty -Two Thousand Fifty - Four Dollars and Seventeen Cents)

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title Pages
Exhibit A Authority, Purpose, and Scope of Work 6
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C General Terms and Conditions GTC
04/2017
Exhibit D ERF General Terms and Conditions 11
Exhibit E Special Terms and Conditions 2
TOTAL NUMBER OF PAGES ATTACHED 23
ems shown with an asterisk, are hereby incorporated by reference and made part of this agreement as if attachedereto.

These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Anaheim

CONTRACTOR BUSINESS ADDRESS
CITY
STATE ZIP
201 S. Anaheim Boulevard, Ste 1003
Anaheim CA
92805

PRINTED NAME OF PERSON SIGNING
TITLE
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED

SCO ID:

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT
STD 213 (Rev. 04/2020)

AGREEMENT NUMBER
24 - ERF - 3-R-100001
PURCHASING AUTHORITY NUMBER (If Applicable)

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME
Department of Housing and Community Development

CONTRACTING AGENCY ADDRESS
651 Bannon Street, Suite 400
STATE ZIP
CA 95811
CITY
Sacramento

PRINTED NAME OF PERSON SIGNING TITLE
Contract Services Section Manager

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable) Exempt per; SCM Vol. 1 4.04.A.3 (DGS memo, dated
06/12/1981)

City of Anaheim
24-ERF-3-R-100001

EXHIBIT A

AUTHORITY, PURPOSE, AND SCOPE OF WORK

1. Authority,
The State of California has established the Encampment Resolution Funding Program ("ERF" or "Program") pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code. ERF was amended by SB 197 (Statutes of 2022, Chapter 70, Sec.3-8, effective June 30, 2022).

The Program is administered by the California Department of Housing and Community Development ("HCD") in the Business, Consumer Services and Housing Agency ("Agency"). ERF provides one-time, competitive grant funds to Continuums of Care and / or Local Jurisdictions as defined below. To date, there have been three rounds of the Encampment Resolution Funding Program. This Standard Agreement governs the Rolling Disbursement in Round 3 of the ERF Program ("ERF-3-R"). For this Standard Agreement, ERF-3-R is synonymous with "ERF" or "Program" and refers to programs and grantees under Health and Safety Code 50252.1(c)(1).

This Standard Agreement along with all its exhibits ("Agreement") is entered into by HCD and a Continuum of Care or a Local Jurisdiction ("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, the Notice of Funding Availability ("NOFA") dated November 27, 2023, under which the Grantee applied, the representations contained in the Grantee's application, HCD guidance or directives, and the requirements appearing in the statutory authority for the Program cited above.

2. purpose
As stated in the NOFA, the Program's objective is to fund actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments. Resolving these experiences of homelessness will necessarily address the safety and wellness of people within encampments, resolve critical encampment concerns, and transition individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using data informed, non-punitive, low-barrier, person-centered, Housing First, and coordinated approaches. These projects must comply with the principles of Housing First as defined in Welfare and Institutions Code section 8255. Proposals may bolster existing, successful models and/or support new approaches that provide safe stable, and ultimately permanent housing for people experiencing homelessness in encampments.

Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.

Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
City of Anaheim
24-ERF-3-R-100001

EXHIBIT A

3. Definitions
The following Encampment Resolution Funding Program terms are defined in accordance with Health and Safety Code section 50250, Subdivisions (a) — (m); A. "Additional funding round moneys" means moneys appropriated for the program in or after fiscal year 2022-23.

B. "Agency" means the Business, Consumer Services, and Housing Agency.

C. "Applicant" means a continuum of care or local jurisdiction.

D. "Continuum of Care" has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.

E. "Council" means the California Interagency Council on Homelessness, previously known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.

F. "County" includes, but is not limited to, a city and county.

G. "Department" means the California Department of Housing and Community Development.

H. "Funding round 1 moneys" means moneys appropriated for the program in fiscal year 2021-22.

I. "Homeless" has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.

J. "Local Jurisdiction" means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.

K. "Program" means the Encampment Resolution Funding program established pursuant to this chapter.

L. "Recipient" means an applicant that receives grant funds from HCD for the purposes of the program.

M. "State right-of-way" means real property held in title by the State of California Additional definitions for the purposes of ERF program:

Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
City of Anaheim
24-ERF-3-R-100001

EXHIBIT A
"Grantee" is "a Continuum of Care or a Local Jurisdiction that receives grant funds from HCD for the purposes of the program. Grantee is synonymous with "Recipient." "Subrecipients" or "Subgrantees" are entities that receive subawards from "Recipients" or "Grantees" to carry out part of the Program.
"Expended" means all ERF funds obligated under contract or subcontract that have been fully paid and receipted, and no invoices remain outstanding. "Obligate" means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using ERF funding.

Grantees must expend and obligate the funds by the statutory deadlines set forth in this Exhibit A.

4. Scope of Work
This Scope of Work identifies the terms and conditions necessary to accomplish the Program's intended objectives.

As detailed in Exhibit A.2, the Program's objective is to fund grantees to implement actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments.

Grantees will implement their ERF funded local proposals in compliance with the terms and conditions of this Agreement, the NOFA under which the Grantee applied, the representations contained in the Grantee's application, HCD guidance and directives, and the requirements per the authorizing statute.

Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.

Permissible eligible uses and activities are detailed below in Exhibit B, Budget Details and Payment Provisions.

Grantees are expected to be close partners with HCD. This means timely and accurate reporting, candid communication of successes and challenges, and availability of persons, information, or materials.

Quarterly reporting requirements are detailed below in - '`Iit D.4. Reporting, Evaluation, and Audits.

Fiscal deadlines are detailed below in Exhibit A.6, Effective Date, Term of Agreement. and Deadlines.

Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
City of Anaheim
24-ERF-3-R-100001

EXHIBIT A
Grantees shall complete a Final Work Product (as detailed below in Exhibit A.6.D) and participate in a program evaluation regarding their implementation of ERF awards. To support this effort, HCD will make Technical Assistance available.

HCD maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and HCD's discretion in making these determinations are absolute and final.

5. HCD Contract Coordinator
HCD's Contract Coordinator for this Agreement is HCD's Grant Program Design Section Chief or the Grant Program Design Section Chief's designee. Unless otherwise instructed, any communication shall be conducted through email to the HCD Contract Coordinator or their designee. If documents require an original signature, the strongly preferred form is an e-Signature in accordance with the Uniform Electronic Transactions Act (UETA). If an Awardee is unwilling or unable to sign a document electronically, HCD shall accept wet or original signed documents. These documents containing wet signatures should be both mailed to HCD and scanned and emailed as instructed. State law or policy may require the use of wet signatures for specific documents. The Representatives during the term of this Agreement will be:

PROGRAM GRANTEE
ENTITY: California Department of Housing
and Community Development City of Anaheim
SECTION/UNIT: Policy and Program Support
ADDRESS: 651 Bannon Street, Suite 400
Sacramento, CA, 95811
201 S. Anaheim Boulevard, Ste 1003
Anaheim, CA, 92805

CONTRACT
COORDINATOR Jeannie McKendry Sandra Lozeau
PHONE
NUMBER: (916) 490-9589 (714) 765-4319
EMAIL
ADDRESS:

HPDhoi i lulubbliebsGrantshcd.ca .clov
[email protected] Jeannie.McKendrvRhcd.ca .00v
Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
City of Anaheim
24-ERF-3-R-100001

EXHIBIT A
The Department reserves the right to change their HCD Contract Coordinator, designee, contract administering entity, and / or contact information at any time with reasonable notice to the Grantee.

All requests to update the Grantee information listed within this Agreement shall be emailed to the HCD grant's general email box at
HPDHomelessnessGrants@l ri.00v.

Notice to either party may be given by email. Such notice shall be effective when received as indicated on email. Changes to the HCD Contract Coordinator, designee, and / or contact information or grantee information can be made without a formal amendment.

6. Effective Date, Term of Acireement. and Deadlines
A. This Agreement is effective upon execution by HCD, which includes signature from the Grantee and HCD. This is indicated by the HCD provided signature and date on the second page of the accompanying STD. 213, Standard Agreement.

B. Performance shall start no later than 30 days, or on the express date set by HCD and the Grantees, after all approvals have been obtained and the Grant Agreement is fully executed. Should the Grantee fail to commence work at the agreed upon time, HCD, upon five (5) days written notice to the grantee, reserves the right to terminate the Agreement.

C. Grantees will continue to perform until the Agreement is terminated, including data reporting and participation in program evaluation activities, as needed.

D. This Agreement will terminate on April 15, 2029.

Grantees shall submit a Final Work Product by April 1, 2028. The Final Work Product will include programmatic and fiscal data and a narrative on the outputs and outcomes of the program on a reporting template to be provided by HCD.

HCD will review submitted Final Work Products and collaborate with Grantees to cure any deficiencies by April 15, 2029.

Grantees are expected to continue performing until April 15, 2029. This means timely and accurate reporting, candid communication of success or shortcomings, and availability of persons, information, or materials.

E. Expenditure and Obligation Deadlines:

Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
City of Anaheim
24-ERF-3-R-100001

EXHIBIT A
1) Grantees shall expend no less than 50 percent and obligate 100 percent of Program funds by June 30, 2025.
2) Grantees that have not obligated 100 percent of their Program funds by June 30, 2025, shall submit an alternative disbursement plan to HCD for approval no later than July 30, 2025. This alternative disbursement plan should detail the explanation for the delay and plans for all future obligations and expenditures.
3) Grantees not meeting the requirements outlined in (i) may be subject to additional corrective action, as determined by HCD.
4) All Program funds (100 percent) shall be expended by June 30, 2027.

Any funds not expended by this date shall revert to the fund of origin pursuant to HSC Section 50253(e)(5).

Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
City of Anaheim
24-ERF-3-R-100001

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Payee
Name: City of Anaheim Amount: $3,182,054.17

2. General Conditions Prior to Disbursement
All Grantees must submit the following completed forms prior to ERF being released:

A. Request for Funds Form ("RFF")
B. STD 213 Standard Agreement form and Exhibits A through E C. STD 204 Payee Data Record or Government Agency Taxpayer ID Form

3. Disbursement of Funds
ERF will be disbursed to the Grantee in one allocation upon receipt, review and approval of the completed Standard Agreement and RFF by HCD.

The RFF must include the proposed eligible uses and the amount of funds proposed to be expended.

4. Budget Details and Expenditure of Funds
The Grantee shall expend Program funds on eligible uses and activities as detailed in the submitted, approved budget. HCD reserves the right to direct specific line-item changes in the originally submitted Application budget or subsequently submitted budgets.

A. Budget Changes
1) Process:

Budget modification requests should be made as part of the quarterly report process. These requests will be reviewed in the first week after quarterly reports are received. HCD may consider budget change requests outside of this process, through email as needed due to documented, exigent circumstances. Grantees carry the burden to anticipate foreseeable budget change requests and should plan accordingly.

Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
City of Anaheim
24-ERF-3-R-100001

EXHIBIT B
HCD reserves the right to amend or adjust this process as necessary. 2) Conditions requiring a budget modification request:

Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by HCD so long as the total expenditures (actual and projected) for each eligible use category remain the same as approved in the standardized budget.

Any decrease or increase to the total expenditures for any eligible use category must be approved by HCD's Grant Program Design Section Chief or their designee, in writing, before the Grantee may expend Program funds according to an alternative standardized
budget. The Grants Program Design Section Chief will respond to Grantee with approval or denial of request. Failure to obtain written approval from HCD as required by this section may be considered a breach of this Agreement. A breach of this agreement may result in remedies listed below in Exhibit D.6, Breach and Remedies.

Regardless of an increase or decrease of an expenditure amount, any significant or material programmatic or fiscal change shall be submitted to HCD for prior approval.

B. Eligible Uses
Eligible uses and activities must be consistent with HSC Sections 50250 — 50254, other applicable laws, the terms and conditions of this Agreement, HCD guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee's application, and the Purpose of the Program as detailed in Exhibit A.2, Purpose.

Eligible uses and activities include, but are not limited to, the following:

Rapid Rehousing: Rapid rehousing, including housing identification services, rental subsidies, security deposits, incentives to landlords, and holding fees for eligible persons, housing search assistance, case management and facilitate access to other community-based services.

Operating Subsidies: Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.

Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
City of Anaheim
24-ERF-3-R-100001

EXHIBIT B
Street Outreach: Street outreach to assist eligible persons to access crisis services, interim housing options, and permanent housing and services.

Services Coordination: Services coordination, which may include access to workforce, education, and training programs, or other services needed to improve and promote housing stability for eligible persons, as well as direct case management services being provided to persons.

Systems Support: Systems support for activities that improve, strengthen, augment, complement, and/or are necessary to create regional partnerships and a homeless services and housing delivery system that resolves persons' experiences of unsheltered homelessness.

Delivery of Permanent Housing: Delivery of permanent housing and innovative housing solutions, such as unit conversions that are well suited for eligible persons.

Prevention and Shelter Diversion: Prevention and shelter diversion to permanent housing, including flexible forms of financial assistance, problem solving assistance, and other services to prevent people that have been placed into permanent housing from losing their housing and falling back into unsheltered homelessness. This category is only available to serve people who were formerly residing in the prioritized ERF encampment site.

Interim Sheltering: Interim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing non-congregate shelters, and operations of existing navigation centers and shelters based on demonstrated need that are well suited for eligible persons.

Improvements to Existing Emergency Shelters: Improvements to existing emergency shelters to lower barriers, increase privacy, better address the needs of eligible persons, and improve outcomes and exits to permanent housing.

Administration: up to 5% of awarded Program funds may be applied to administrative costs.

Program funds shall not be expended on Site Restoration or other Ineligible Costs as detailed immediately below.

5. Ineligible Costs
Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
City of Anaheim
24-ERF-3-R-100001

EXHIBIT B
ERF shall not be used for costs associated with activities in violation, conflict, or inconsistent with Health and Safety Code sections 50250 — 50254, other applicable laws, the terms and conditions of this Agreement, HCD guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee's application, and the Purpose of the Program as detailed in Exhibit A.2, Purpose.

Moreover, no parties to this contract nor their agents shall directly or indirectly use ERF awards for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. ERF funded activities that cause a traumatic effect are inconsistent with ensuring the safety and wellness of people experiencing homelessness in encampments.

HCD, at its sole and absolute discretion, shall make the final determination regarding the allowability of ERF expenditures.

HCD 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 ERF funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to HCD at an amount and timeframe determined by HCD.

An expenditure which is not authorized by this Agreement, or by written approval of HCD, or which cannot be adequately documented, shall be disallowed, and must be reimbursed to HCD by the Grantee at an amount and timeframe determined by HCD.

Program funds shall not be used to supplant existing local funds for homeless housing, assistance, prevention, or encampment resolution.

Unless expressly approved by HCD in writing reimbursements are not permitted for any Program expenditures prior to this Agreement's date of execution.

Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
City of Anaheim
24-ERF-3-R-100001

EXHIBIT D

ERF GENERAL TERMS AND CONDITIONS

1. Termination and Sufficiency of Funds
A. Termination of Agreement
HCD may terminate this Agreement at any time for cause by giving a minimum of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, violation of any federal or state laws; or withdrawal of HCD's expenditure authority as described in Exhibit D Breach and Remedies. Violation of any federal or state laws; or withdrawal of HCD's expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by HCD, any unexpended funds received by the Grantee shall be returned to HCD within 30 days of HCD's specified date of termination.

B. Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made available to HCD 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 of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.

2. Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit D.12, Special Conditions — Grantees/Subprantee or with the prior written approval of HCD and a formal amendment to this Agreement to affect such subcontract or novation.

3. Grantee's Application for Funds
Grantee submitted a standardized budget to HCD as part of their application for the Program.

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, or any approved modification or addition thereto is untrue, incorrect, Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
City of Anaheim
24-ERF-3-R-100001

EXHIBIT D
incomplete, or misleading in such a manner that would substantially affect HCD approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then HCD may declare a breach of this Agreement and take such action or pursue such remedies as are legally available.

4. Reporting, Evaluation, and Audits
A. Reporting Requirements
1) Timing and Format of Reports.

Grantee is required to provide HCD or its agents with all data and outcomes that may inform an assessment of the funded proposal.

Grantees shall report quarterly and have one Final Work Product submitted prior to this Agreement's termination.

The quarterly reports shall be submitted on a template to be provided by HCD at least 90 days prior to the first reporting deadline. HCD may request interim reports as needed and will provide no less than 30 days' notice to Grantees.
2) Required Data
Grantees will be required to provide, at minimum:
• Outreach and service path data at the anonymized, individual level. • Current housing status of persons served in the aggregate. • Status of funding as presented in the HCD approved, standardized budget.
• Continued confirmation that projects receiving ERF funds are populated timely into HMIS and use HCD supplied funding codes.

HCD's discretion in identifying which information shall be included in these reports is final. Grantees shall also report information in the form and manner required by HCD. Failure to comply will be considered a breach.

Pursuant to HSC Section 50254, grantees shall provide data elements, including, but not limited to, health information, in a manner consistent with state and federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System.

Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
City of Anaheim
24-ERF-3-R-100001

EXHIBIT D
Pursuant to HSC Section 50254(b)(3), Grantees shall report individual, client-level data for persons served by grant funding to HCD, in addition to any data reported through local Homeless Management Information System, as required by HCD for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.

Grantees shall comply with the data entry requirements of AB 977, located at Welfare and Institutions Code section 8256(d).
3) HCD usage of Reports
Pursuant to HSC Section 50254(b)(4), HCD may use information reported directly from grantees and through statewide Homeless Data Integration System for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.
4) Failure to Report
If the Grantee fails to provide any such report, HCD may recapture any portion of the amount authorized by this Agreement with a 14-day written notification.

B. Evaluation
1) At HCD's discretion, Grantees shall participate in a program evaluation regarding their implementation of ERF awards. To support this effort, HCD will contract a third party to complete the evaluation. 2) Grantees are expected to be close partners with HCD for this program evaluation and for all evaluative aspects of this Program. This means timely and accurate reporting, candid communication of successes or challenges, and availability of persons, information, or materials. More specifically, Grantees must cooperate with HCD, or its designee as reasonably required to implement an evaluation plan. This includes providing or facilitating the collection of data and materials as reasonably requested by HCD or its designee.
3) For the purpose of evaluation, HCD or its designee may visit sites related to the project and film, tape, photograph, interview, and otherwise document Grantee's operations during normal business hours and with reasonable advance notice.

Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
City of Anaheim
24-ERF-3-R-100001

EXHIBIT D
4) Grantees should maintain active data, documents, and filings in anticipation of this evaluation. Special care should be taken to organize and preserve internal work products that guided implementation by the Grantee or subgrantee.
5) Grantees shall notify HCD and provide copies of any reports or findings if Grantee conducts or commissions any third-party research or evaluation regarding their funded project.
6) All terms and conditions that apply to reporting similarly apply to evaluation.

C. Auditing
HCD reserves the right to perform or cause to be performed a financial audit. At HCD request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. Should an audit be required, the Grantee shall adhere to the following conditions:
1) The audit shall be performed by an independent certified public accountant.
2) The Grantee shall notify HCD of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by HCD to the independent auditor's working papers. 3) The Grantee is responsible for the completion of audits and all costs of preparing audits.
4) If there are audit findings, the Grantee must submit a detailed response acceptable to HCD for each audit finding within 90 days from the date of the audit finding report.

5. Inspection and Retention of Records
A. Record Inspection
HCD 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 HCD, or its designee, with any relevant information requested within 30 days of a written request.

Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
City of Anaheim
24-ERF-3-R-100001

EXHIBIT D
The Grantee agrees to give HCD 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 ERF laws, HCD guidance or directives, and this Agreement.

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 any litigation, claim, negotiation, audit, monitoring, inspection, or other action 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 ERF-3-R 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 Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. 6 Breach and Remedies
A. Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
1) Grantee's failure to comply with the terms or conditions of this Agreement.
2) Use of, or permitting the use of, Program funds provided under this Agreement for any ineligible activities.
3) 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 HCD in law or equity for breach of this Agreement, HCD may:

Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
City of Anaheim
24-ERF-3-R-100001

EXHIBIT D
1) Conduct program monitoring which will include a corrective action plan (CAP) with findings, remedies, and timelines for resolving the findings. 2) Bar the Grantee from applying for future ERF funds.
3) Revoke any other existing ERF award(s) to the Grantee. 4) Require the return of any unexpended ERF funds disbursed under this Agreement.
5) Require repayment of ERF funds disbursed and expended under this Agreement.
6) Require the immediate return to HCD of all funds derived from the use of ERF.
7) 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 ERF requirements.

C. All remedies available to HCD are cumulative and not exclusive.

D. HCD may give written notice to the Grantee to cure the breach or violation within a period of not less than 14 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 HCD 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 HCD 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, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state or federal law.

Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
City of Anaheim
24-ERF-3-R-100001

EXHIBIT D
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, Section 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, Section 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Section 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.

Conflict of Interest
All Grantees 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 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. Current State Employees: No State officer or employee shall engage in 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.

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, Section 81000 et seq.).

Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
City of Anaheim
24-ERF-3-R-100001

EXHIBIT D
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, 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 subrecipients will 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:
1) The dangers of drug abuse in the workplace.
2) Grantee's policy of maintaining a drug-free workplace. 3) Any available counseling, rehabilitation, and employee assistance program.
4) 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:
1) Will receive a copy of Grantee's drug-free policy statement, and 2) Will agree to abide by terms of Grantee's condition of employment or Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
City of Anaheim
24-ERF-3-R-100001

EXHIBIT D
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 Grantee 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
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 Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions shall be met to the satisfaction of HCD prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of ERF. 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:
1) Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.
2) Maintain at least the minimum State-required worker's compensation for those employees who will perform the work or any part of it. 3) 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.

Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
City of Anaheim
24-ERF-3-R-100001

EXHIBIT D
4) Agree to include and enforce 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 ERF program, the Grantee, its subrecipients, and all eligible activities.

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 HCD 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. HCD 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 HCD, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable.

Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
City of Anaheim
24-ERF-3-R-100001

EXHIBIT D
B. The Grantee shall notify HCD immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or HOD, 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 HOD.

Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
City of Anaheim
24-ERF-3-R-100001

EXHIBIT E

SPECIAL TERMS AND CONDITIONS

1. All proceeds from any interest-bearing account established by the Grantee for the deposit of funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of funds, must be used for eligible activities. Grantees must maintain records of all expenditures of the proceeds from these interest-bearing accounts for five (5) years and report on these expenditures as required by HCD. HCD reserves the right to perform or cause to be performed a financial audit on the use of proceeds from interest bearing accounts.

2. Grantee shall utilize its local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by funding (e.g., by creating appropriate ERF-specific funding sources and project codes in HMIS).

3. Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System, in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code Section 50254. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act. 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 (j) of Section 56.05 of the Civil Code. The Council or HCD may, as required by operational necessity, amend or modify required data 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.

4. Grantee agrees to accept technical assistance as directed by HCD or by a contracted technical assistance provider acting on behalf of HCD. Grantee will report to HCD on programmatic changes the Grantee will make as a result of the technical assistance and in support of their grant goals.

5. 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.

Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
City of Anaheim
24-ERF-3-R-100001

EXHIBIT E

6. HCD maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Per HSC Section 50252.1(d), HCD has authority to:

A. Monitor grantee performance.

B. Require a grantee not meeting goals to accept technical assistance from the Department.

C. Limit the allowable uses of program funds for a grantee that is not meeting goals.

7. Grantees will be provided reasonable notice and HCD's discretion in making these determinations are absolute and final.

8. Non-Bond Funded
The Department represents that the intent of Exhibit D.1.B, Sufficiency of Funds is only to preserve the legislature's ability to make changes to appropriations and matters that are lawfully subject to change through the Budget Act. The Department represents and warrants that as of the date of this Agreement the non-bond funds referenced in the Encampment Resolution Funding Program, Round 3 Notice of Funding Application dated November 27, 2023, for this Agreement are appropriated to and available for the purposes of this Agreement, and further, that upon execution of this Agreement said funds are deemed allocated to and encumbered for the purposes described in this Agreement and shall not be terminated or reduced as a result of .dbit D.1.B, Sufficiency of Funds once construction has commenced in compliance with Program requirements and in accordance with the construction commencement requirements within this Agreement. If not continuously appropriated, said funds must still be disbursed prior to any applicable disbursement or expenditure deadline set forth in this Agreement.

Program Name: Encampment Resolution Funding Program "ERF" NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024