Antioch City Council
July 26, 2022

R
ESOLUTION NO. 2022/**
RE

SOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING A

MASTER LEASE WITH RUDRAM LLC FOR A NON-CONGREGATE BRIDGE HOUSING SITE AT THE SUBJECT PROPERTY LOCATED AT 515 EAST

EIGHTEENTH STREET IN ANTIOCH, CALIFORNIA
W
HEREAS, the City of Antioch is seeking to pursue strategies that both respond to the needs of Antioch’s unhoused residents and community concerns about homeless encampments;
W
HEREAS, the proposed Non-Congregate Bridge Housing Program aligns with adopted Policy Guidelines for the City of Antioch’s Approach to Unhoused Resident Services;
W
HEREAS, the City previously solicited a Request for Proposals for a Motel Occupancy Agreement Program to Shelter Unhoused Residents; W
HEREAS, th e Executive Inn, located at 515 East Eighteenth Street , is a site located within the City of Antioch’s Transitional Housing Overlay Zone; WH
EREAS, the City of Antioch Planning Commission issued a Use Permit for the proposed Non-Congregate Bridge Housing Program on June 15, 2022; W
HEREAS, the Non-Congregate Bridge Housing model pr ovides a low barrier, housing first, harm reduction approach;
W
HEREAS, the City acknowledges that viable approaches to unhoused resident needs build upon the critical foundation of Contra Costa County’s Health, Housing, and Homeless (H3) Services Program and the Continuum of Care; and W
HEREAS, the consensus of the City Council is for the City of Antioch to establish bridge housing opportunities within City limits to serve Antioch’s unhoused residents.

N
OW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby authorizes:

1. Appr
oval of a master lease with Rudram LLC for the Executive Inn located at 515 East 18th Street with an option to purchase in a form approved by the City Attorney.

2. Expenditure of a sum not to exceed $2,336,000 for an initial term of two years to be pai
d from $2.6M in American Rescue Plan Act (ARPA funds) specified for this purpose by the City Council on April 12, 2022.

Antioch City Council Report
July 26, 2022 Agenda Item No. 7 4
* * * * * * *
I HE
REBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 26 th day of July 2022, by the following vote:

AYES:

NO
ES:

ABST
AIN:

ABSE
NT:
______
_______________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH
82595.00018\34898229.3
1 MASTER LEASE BETWEEN

RUDRAM LLC AND THE CITY OF ANTIOCH
FOR 515 EAST 18TH STREET
ANTIOCH, CA 94509
Th
is Master Lease (“ Lease”) is entered into as of the Effective Date by and between Rudram LLC (“Landlord”) and the City of Antioch (“Tenant”).

ARTICLE 1

BASIC LEASE PROVISIONS
The words, figures, and definitions set forth in the following sections are part of this Lease wherever appropriate reference is made to the m, unless modified elsewhere in this Lease.

1.1 “ Applicable Laws” means applicable local, state, and federal statutes, regulations, rules, codes (including, but not limited to, building codes), ordinances, and other requirements of governmental authorities now or hereafter in effect.

1.2 “Commencement Date” means the date that is sixty (60) days following Completion of Landlord Improvements, subject to completion of punch list work and delivery of room keys by Landlord, as further set forth in Section

3.5, unless otherwise agreed upon by the Parties.

1.3 “ Effective Date” means the date of full execution of this Lease.

1.4 “ Initial Term” means two (2) years from the Commencement Date.

1.5 “ Landlord” means Rudram LLC.

1.6 “ Landlord’s Address for Rent and Notices”: Address for Rent and Notices”: Samar Desai 5156 E 18th Street, Antioch, CA 94509, Telephone:
(415) 279-8047, Electronic mail: [email protected]. For notices only, with a copy to Michael Heath via email [email protected].

1.7 “ Landlord Improvements” means those habitability improvements to be made by Landlord as a condition of and prior to the Commencement Date, as set forth in Section 3.3, and required in order for the Premises to co mply with Applicable Laws or to allow the safe occupancy of the Premises by Tenant for the Permitted Use.

1.8 “ Memorandum of Lease ” means that certain Memorandum of Lease in the form attached as Exhibit “D” to this Lease.

ATTACHMENT B
82595.00018\34898229.3
2 1.9 “ Occupants” mea ns persons occupying the rooms located within the Premises as non-congregate transitional housing pursuant to any access rights to the Premises granted by Tenant.

1.10 “ Option Terms ” means two (2) Option Terms of two (2) years each, to be exercised in Tenant’s sole discretion, provided Tenant is not in default under the terms of the Lease

1.11 “ Permitted Use” means the uses described in Section 7.1.

1.12 “ Premises” means that certain real property, including all improvements therein or to be provided by Landlord under the terms of this Lease, commonly known as the Executive Inn, 515 East 18 th Street, Antioch, CA 94509, and as further shown on Exhi bit “A ”, attached to this Lease and incorporated herein by reference.

1.13 “ Rent” means, for the Initial Term, and any Option T erms, $97,333.33 per month for the entirety of the Premises.

1.14 “Completion of Landlord Improvements” means tha t the Landlord Improvements have been accepted by Tenant , in writing, as substantially complete, subject only to minor punch lis t work to be completed by Landlord, and that the Prem ises are in a safe, habitable condition, suitable for occupancy.

1.15 “ Tenant” means the City of Antioch.

1.16 “ Tenant Parties” means Tenant’s officers, officials, employees, consultants, agents, and Occupants.

1.17 “ Tenant’s Address for Notices” : City Hall, City of Ant ioch, P.O.

Box 5007, Antioch, CA 94531- 5007, Attn: Assistant City Manager; T elephone:
(925) 779-7011, Electronic mail: [email protected].

1.18 “ Term” means the Initial Term and any Option Terms exercised by the Tenant, plus any additional extensions of the Term as may be agreed upon by the parties.

ARTICLE 2
PREMISES; RELOCATION OBLIGATION

2.1 Premises. The Premises includes approximately 31,363 square feet of land area , and an 11,040 square foot building comprised of thirty-three (33) rooms, common areas including lobby, sidewalks, driveways, parking areas, service areas, storage rooms, Pr emises sig ns, landscaping, and other areas within the interior and exterior boundaries of the Premises. A n aerial view of the 82595.00018\34898229.3
3 Premises is attached to this Lease as Exhibit “B” and incorporated herein by reference. The Premises, when delivered to Tenant, shall include:
(a) Furnishing for all rooms, other than one (1) room to be available as an office space, with the following standard room furnishings to be provided : bed/s, side table, desk, chair, lamp, mini -fridge, microwave. Any televisions or pho nes shall be removed f rom the rooms. The office space shall be unfurnished. Storage rooms shall be cleaned out and empty. (b) Parking spaces sufficient for the Permitted Use.
(c) On-site laundry facilities, in good operating condition and repair, and available f or Occupants. Laundry facilities shall include two washers, and two dryers (“Laundry Facilities ”). The coin operation feature is not required.
(d) Perimeter fencing in accordance with the City of
Antioch Municipal Code.
(e) Storage container or shed meeti ng the Tenant’s
requirements.

2.2 Lease of Premises . Subject to the prov isions of this Lease, Landlord leases to Tenant, and Tenant leases from Landlord, the Premises , in its entirety. Tenant shall have exclusive use of the Premises during the Term.

2.3 Relocation Assistance; Indemnification. Landlord shall, at its s ole cost and expense, terminate all Bookings, leases, licenses and rights or occupancy to the Premises prior to the Commencement Date so that Landlord can deliver exclusive possession of the Premises t o Tenant on the Commencement Date free of any lease, license, or oc cupancy rights. Tenant and Landlord acknowledge that, in order to deliver the Premises in such condition, Landlord may be required to terminate Bookings , and some guests of the Premises may be entitled to relocation assistance under applicable federal or state law (“Relocation Assistance”). In order to determine whether any such guests are entitled to Relocation Assistance, Tenant may be required, among other things, to prepare a relocati on plan, s eek certain approvals from governmental authorities related to s uch plan, and correspond with certain guests of the Premises who may be eligible for Relocation Assistance (collectively, the “Relocation Procedures”); provided, however, Tenant agrees that Tenant shall correspond only with Identified Guests (as defined below). In order to ensure future guests are not entitled to Relocation Assistance, Landlord agrees to include the language in Exhibit “E” attached hereto in all Bookings for guests f irst occup ying the Premises from and after the Effective Date. To t he extent Tenant determines necessary, T enant shall implement the Relocation Procedures, including engaging a relocation consultant to assist the parties with the Relocation Procedures (th e “Relocation Consultant”). Landlord agrees to 82595.00018\34898229.3
4 reasonably cooperate with Tenant and use its commercially reasonable, good faith efforts to assist Tenant in implementing any Relocation Procedures. Such cooperation shall include, without limitation, permit ting Tenant or the Relocation Consultant to contact and interview Identifi ed Guests as may be necessary to implement the Relocation Procedures. Landlord will not be re quired to provide Tenant or the Relocation Consultant with any guest’s personal informat ion, but Landlord shall provide Tenant or the Relocation Consultant a list of guests (those guests on such list being referred to herein as “Identified Guests”) who meet the criteria reasonably provided to Landlord by Tenant or the Relocation Consultant (e.g., guests with an actual or anticipated duration of stay in excess of tw enty eight (28) days who do not have an alternative primary residence) (such reasonably provided criteria being referred to herein as “Eligibility Criteria”).

Landlord shall indemni fy, defend , and hold harmless Tenant from and against any and all Cl aims t o the extent caused by Landlord providing Tenant or the Relocation Consultant with an inaccurate list of guests meeting the Eligibility Criteria. To the extent any Identified Guests are deter mined to be entitled to Relocation Assistance, Landlord shall be responsible for paying such Relocation Assistance and Tenant shall have no responsibility therefor. If Tenant pays any amounts on account of Relocation Assistance that would otherwise be Landlord’s responsibility under thi s Section , then Tenant shall receive a credit against the Rent in such amounts.

For the purposes of this Section, “Bookings” shall mean contracts and reservations for the use or occupancy of guest or meeting rooms i n the Premises entered into by Landlord in its ordinary course of o perating its hotel business on the Premises.

ARTICLE 3
TERM; CONDITION OF PREMISES;

TENANT RIGHT TO TERMINATE
3 .1 Term of Lease. This Lease shall be effective from and after the Effective Date. Th e Initial Term of this Lease shall commence as of the Commencement Date, and shall be for a period as specified in Section 1.4 . The Lease shall continue in effect for any Option Terms, and any additional ter m as may be agreed upon by the parties.

3.2 Memorandum of Lease. The Memorandum of Lease, in
substantially the form attached as Exhibit “D”, shall be executed by the parties concurrently with execution of this Lease, and recorded against the Premises following the Effective Date.

3.3 Condition of Premises; Landlord Improvements. Certain habitability improvements are required to be completed by Landlord in order for the Premises to comply with Applicable Laws, or to allow for the safe occupancy of 82595.00018\34898229.3
5 the Premises for the Permitted Use. Such improvements shall be made at Landlord’s sole cost and expens e. Th e improvements include i n-room fire sprinkler system that meets the standards of and is approved by the Contra Costa County Fire Protection District ; ADA access improvements; and any other improvements required for the safe occupancy of the Premises by Tenant and Occupants (collectively, “Landlord Improvements”).
(a) Landlord shall be responsible , at its sole cost and expense, for ADA compliance of the Premises.
(b) Landlord shall be responsible , at its sole cost and expense, for compliance with all other A pplicable Laws, whether structural or nonstructural, as the same apply to the Premises.

3.4 Timely Achievement of Completion of Landlord Improvements. (a) Completion of all Landlord Improvements shall occur within thirty (30) days from Contra Costa County Fire Pro tection District approval of the fire sprinkler improvement plan.
(b) Should Completion of Landlord Improvements not be
achieved within the foregoing timeframe, or any extension thereof agreed upon by the parties, in addition to any other rights under this Lease, Tenant shall have the right to terminate this Lease without cost or liability. (c) Landlord shall notify Tenant of the date on which
Landlord believes the Landlord Improvements are substant ially complete. Upon such notification, Tenant shall promptly complete a n inspection of the Premises with a Tenant building inspector.
(d) Tenant shall notify Landlord of incomplete or defective items of Landlord’s work and Landlord shall promptly complete or repair, as the case may be, such items of work, until Completion of Landlord Improvements is achieved.

3.5 Commencement Date . The Commencement Date of this Lease shall occur on the date that is sixty (60) days following Completion of Landlord Improvements, provided that (i) Landlord has completed all punch list work; (ii) Landlord p rovides keys for all rooms to Tenant, or Tenant’s designated consultant; and (iii) the Premises is broom-clean, free of all debris, and otherwise in compliance with this Lease.

3.6 Punch List Wo rk. Tenant may elect to waive the requirement for Landlord to complete all punch list work prior to the Commencement Date, and may accept the Premises for occupancy. Notwithstanding any other provision of this Lease, Rent shall be reduced by ten percent (10%) until all punch list work is complete.
82595.00018\34898229.3
6 3.7 Option to Ext end. T enant shall have the number of successive options to extend the Term of this Lease for the periods of time that are set forth in Section 1.10 of this Lease, each su ch extension period being hereafter called an “Option Term.” To exercise such options, Tenant shall deliver written notice to L andlord not less than three (3) months prior to the expiration of the then- unexpired Term or Option Term, as the case m ay be, tha t Tenant elects to exercise a renewal option. If Tenant fails to give such notice during the time allotted, then without any further notice, act, or agreement, this Lease shall terminate as of the then- applicable expiration date, and neither Landl ord nor Tenant shall have any further obligation or liability under this Lease arising or continuing from and after such expiration date, subject, however, to the provisions that expressly survive termination of this Lease. The terms and conditions of thi s Lease shall remain unchanged during all Option Terms. In addition, and notwithstanding the foregoing, the parties may, mutually agree to extend the Lease beyond the Option Terms.

3.8 Tenant Right to Terminate. Tenant shall have the right to terminate this Lease, for any or no reason, and without cost or liability, on six ( 6) months prior written notice to Landlord, which notice shall specif y the effective date of termination. In the event that the Tenant terminates all of the Occupants must be relocated an d the Premises must be returned with no guests . The Tenant shall e nsure, at no cost to the Landlord that all its employees, guests, and invitees have completely vacated the Premises prior to the expiration (or earlier termination) of this Lease.

ARTICLE 4
RENT

4.1 Rent. From and after the Commencement Date, Tenant shall pay “Rent” to Landlord at the address set out in Section 1.6, or on written notice from Landlord, to Landlord’s assignee or such other place as Landlord may from time to time designate in writing to Tenant, as more particularly set forth in this A rticle

4. 4.2 During the Initial Term and the Option Terms, as applicable, Tenant shall pay to Landlord Rent, at the monthly rate provided in Section 1.13, subject to any reductions or offsets provided for in this Lease, on the first day of each calendar month during the Term commencing on the Commencement Date.

Tenant shall pay to Landlord an amount equal to the Rent to be applied against the first ob ligation of T enant to pay full Rent under this Lease. If the Commencement D ate oc curs on a day other than the first day of a calendar month, Rent for the first and last partial months shall be prorated on the basis of the number of actual days in such month.
82595.00018\34898229.3
7 ARTICLE 5

TAXES AND UTILITIES

5.1 Taxes.
(a) As used in this Lease, “ Taxes” means ad val orem r eal property taxes and general assessments.
(b) Tenant is a public agency and is exempt from Taxes. To the extent any Taxes are due on the Premises, Landlord shall pay, at its sole cost and expense, prior to delinquency, all such Taxes.

5.2 Utilities; Monthly Subscriptions. Landlord shall , at its sole cost and expense (i) provide and maintain adequate connections with the local water supply, sewerage systems, gas, elect rical, and other u tilities; (ii) pay the utility companies directly for all water, gas, s ewer, electricity, trash, disposal and other utilities used by Tenant on the Premises; and (iii) m aintain any needed monthly subscriptions (such subscriptions include, without limitati on, high speed wireless internet to support Tenant’s administrative/offi ce operations and for all Occupants).

ARTICLE 6

ALTERATIONS

6.1 Alterations. Tenant may, at its own expense, from time to time, make such alterations, additions, improvements, or changes ( “Alterations”), structural or otherwise, in and to the Premises as it may deem necessary or suitable; provided that Tenant shall obtain Landlord’s prior written consent to drawings, painting of the exterior of the Building, and specifications for structural Alterations, wh ich consent shall not be unreasonably withheld or delayed; provided, further, that Landlord shal l not withhold its consent if the structural integrity of the Premises shall not be impaired by such work. The term “structural changes ,” as used in t his Section 6.1, does not include moving of nonload-bearing partitions, relocation of building entry doors, minor plumbing and electrical work, modification and rearrangement of fixtures, or other minor changes. Landlord, at Tenant’s cost, shall cooperate with Tenant in securing building and other permits or authorizations required from time to time for any permitted Alterations or installations. All such Alterations shall be done in accordance with all Applicable Laws, provided that if any such Applicable Laws require any alterations, additions, or changes to portions of the P remises that are not included within the permitted Alterations, including any required compliance with environmental laws, rules, regulations, or orders (including any asbestos remediation or removal) o r any required compliance with Applicable L aws concerning ac commodations for disabled or handicapped persons, then Landlord, at its sole cost and expense, shall perform and pay for all such 82595.00018\34898229.3
8 additional alterations, additions, or improvemen ts require d to comply with such Applicable Laws.

6.2 Tenant shall provide Landlord with not less than ten (10) days’ prior written notice of the commencement of any Alterations in the Premises and Landlord shall have the right to enter the Premises to post cus tomary notices of non-responsibility with respect to the Alterations. Su bject to S ection 19.4, any improvements to the Premises by Tenant including light fixtures, floor coveri ngs, partitions, or other items comprising Tenant ’s work , if any, but excluding trade fixtures and signs, shall be deemed to be the property of Landlord on installation thereof. Within thirty (30) days after the completion of any Alterations, Tenant shall deliver to Landlord a set of “as -built” plans dep icting the Alterations as actually constructed or installed. If Tenant makes any permitte d Alterations, Tenant shall carry “Builder’s All- Risk” insurance, in an amount reasonably determined by Landlord, covering the construction of such Alterations. Tena nt shall e nsure that all work is done by licensed contractors with appropriate insurance. The insurance shall name Landlord as additional insured.

6.3 In the event that Tenant makes Alterations without Landlord’s consent, upon termination of this Lease Landlor d may request that the Premises be returned to its pre-existing condition. In such case, Tenant agrees to do the work necessary to return the Premises to its pre-existing condition, normal wear and tear excepted, at Tenant’s cost.

ARTICLE 7
TENANT’S CONDUCT OF ITS BUSINESS

7.1 Permitted Use. Tenant shall have the right to use the Premises for the purpose of providing non-congregate transitional housing and related services, and for any other related use or purpose (“Permitted Use”). The Permitted Use shall include, but is not limited to, the right of Tenant to:
(a) Make available thirty -two (32) rooms located on the Premises to Occupants, provided that Occupants shall be required to comply with reasonable guidelines or rules of occupancy to be developed by Tenant. (b) Make available one (1) room as an administrative
office and meeting space for Tenant’s co nsultants engaged in providing transitional housing services.
(c) Use the Premises 24 hours a day, seven days a
week.
(d) Permit Occupants to bring pets into the rooms, in
accordance with a pet policy developed by or on behalf of, and approved by Tenant. Th e policy may include reasonable limits for the quantity of pets and rules regarding pet behavior and, if dogs are permitted, shall only allow service 82595.00018\34898229.3
9 dogs trained to provi de assista nce to an individual with a disability, or dogs weighing 30 lbs. or less.

7.2 Compliance With Laws . Tenant shall conduct the Permitted Use in accordance with Applicable Laws.

ARTICLE 8

REPAIRS AND MAINTENANCE

8.1 Landlord’s Repair and Maintenance Obligations; Additional Obligations.
(a) Landlord shall, at its sole cost and expense, perform the repairs an d necessary replacements to the structural components and foundations, footings, roof, roof membrane, HVAC, and exterior surfaces of the exterior walls of all buildi ngs, inclu ding doors, door frames, door checks, windows, window frames, utility lines, meters, pipes, conduits, fixtures, and other equipment and systems, sprinkler systems, gutters, and downspouts and keep such items in good order, condition and repair.
(b) In addition, and at its sole cost and expense, Landlord shall keep the interior, nons tructural portions of the Premises and all utility facilities and systems serving the Premises in good order, condition, and repair and shall make replacements necessary t o keep the Premises and all such facilities and systems in such condition. Landlord shall, at its sole cost and expense, provide regular (but not less frequently than quar terly) maintenance, repair, or replacement (when necessary) of the heating, ventilati ng, and ai r conditioning equipment serving the Premises including, but not limited to, all rooms within the Premises (“HVAC System. Landlord represents and warrants that the elevators, and all utility, mechanical, plumbing, and other systems serving the Premises, and the HVAC System, shall be and remain good operating condition and repair as of the date of occupancy by Tenant, through termination of this Lease. Landlord shall, at its sole cost and expense, pay for any replacements required for such systems.
(c) Landlord shall, at its sole cost and expens e, provide landscape maintenance to maintain all landscape on the Premises. (d) If any event of pest or vermin infestation is found in the Premises, Landlord shall, at i ts sole co st and expense, have a bonded, professional pest-and-sanitation control operator immediately remedy such event of infestation. In the event of a bed bug or similar infestation that impacts mattresses in the rooms located on the Premises , Landlord shall be responsible for replacing the impacted mattresses with new mattresses . Landlord shall, at its sole cost and expense, take such steps as may be necessary to keep the 82595.00018\34898229.3
10 Premises free of unreasonable nuisances and odors , other than as the same may be caused by Tenant, or Tenant Parties.
(e) Landlord shall, at its sole cost and expense, m aintain the Laundry Facilities in good operating condition and repair, and shall promptly repair or replace any non-operational washers or dryers.

8.2 Tenant’s Rights Non- Performance by Landlord. Tenant may give Landlord notice of such repairs or maintenance as may be required under the terms of Section 8.1, and Landlord shall proceed forthwith to effect the same with reasonable diligence, but in no event later than ten (10) d ays after having received notice (or such greater period of time as is reasonably nec essary to complete such repairs or maintenance in the event such repairs or maintenance are not susceptible of completion within ten (10) days ), provided that Landlord shall, following receipt of such notice from Tenant, promptly commence such repairs or m aintenance and diligently prosecute the same to completion by no later than thirty ( 30) days after original notice. In the event of an emergency, Tenant has the right, but not the o bligation, to undertake immediate repairs or maintenance work of such nature as would normally be Landlord’s responsibility under this Lease and notify Landlord promptly after such repairs or maintenance work have been undertaken (including notic e by telephone, to the extent reasonably practicable). If Landlord fails to repair or maintain any portion of the Premises that is Landlord’s responsibility, within the periods set forth above (or such greater period of time as is reasonably necessary to complete t he same, in the event that such repairs or maintenance are not susceptible of com pletion within such period, provided that following receipt of such notice from Tenant, Landlord promptly commences such repairs or maintenance and diligently prosecutes the same to completion), or in the case of any emergency as stated above, then Tenant may perform the repairs or maintenance and Landlord shall reimburse Tenant for the reasonable cost of such repairs or maintenance within fifteen (15) days following L andlord’s receipt from Tenant of invoices or other reasonable evidence of the amount of su ch costs. Should Landlord fail to pay such amount as is owing in accordance with this Section within fifteen (15) days of receipt of invoice, Tenant may deduct and of fset such amount (including interest at the “ Interest Rate” (as hereinafter defined) from the time such expenditure was made by Tenant until paid by Landlord) from Rent, and any other monetary obligations of Tenant owing to Landlord under this Lease.

8.3 Damage Caused by Tenant . Landlord’s insurance, as required in Article 9, shall inc lude coverage for damage to the Premises caused by Tenant or Tenant Parties. If damage to the Premises in excess of $10,000 is caused by Tenant or Tenant Parties, Landlord shal l submit a claim for damage to its insurance. Any claims in excess of $10,000 not s ubmitted by Landlord to its insurance or below $1,000 shall be the responsibility of Landlord, and Landlord shall promptly complete needed repairs . If a cl aim for damage to the Premises caused by the sole negligence, gross n egligence or willful misconduct of Tenant 82595.00018\34898229.3

11 or Tenant Parties is denied, in whole or part, by Landlord’s insurance, or is in excess of $1,000 but less than $10,000, Tenant shall be responsible for the cost of repair, up to the not to exceed sum of $50,000 per claim, and in the aggregate.

In such case, Landlord shall inform Tenant of the need for repair and shall submit a cost estimate and claim to Tenant including, but not limited to, the claim denial and all other supporting documentation from its insurance, as applicable. The claim must also include an accounting for any costs that will be covered by the Landlord’s insurance. Any costs to be borne by Tenant shall not e xceed $50,000 in the aggregate during the T erm of this Lease, shall not inclu de betterments to the Premises, and shall be limited to the cost to restore the damaged portion(s) of the Premises to its prior condition, ordinary wear and tear excepted. Except in the case of an emergency, Landlord shall obtain Tenant’s written consent prior to commencing any work that Landlord claims is subject to reimbursement by Tenant, and shall promptly complete all work following such consent . Landlord shall conduct its work on an open book basis, with its accounting records subject to Tenant review and audit as set forth in this Lease.

8.4 Services Addendum . Landlord shall , as part of the Rent, provide certain additional services required by Tenant for the Permitted Use, a s set forth in the Services Addendum attached hereto as Exhibit “C” (“Additional Services”).

Should Landlord fail to satisfactorily perform the Additional Services in accordance with the Services Addendum , Tenant shall have the right to terminate Landlord’s performance of the Services Addendum , and Landlord shall reduce the Rent in an am ount c ommensurate with the actual cost i ncurred by Tenant, including administrative costs to Tenant, to obtain a substitute provider(s) for the Additional Services. In such case, the parties shall amend this Lease to reflect the reduced Rent.

8.5 Trash Services. L andlord shall, at its sole cost and expense, provide for trash services at the Premises.

ARTICLE 9

INSURANCE AND INDEMNIFICATION

9.1 Landlord’s Insurance. Landlord, at its sole cost and expense, shall procure, pay for, and keep in full force and effect the following types of insurance, in at least the amounts and in the forms specified below:
(a) Comprehensive or commerc ial general liability insurance with coverage limits of not less than the combined single limit for bodily injury, personal injury, death, and property damage liability per occurrence in an amount of no less than $1,000,000 per occurrence, $2,000,000 annual aggregate, insuring against any and all liability of the insureds with respect to the Premises or arising out of the maintenance, use, or occupancy of the Premises or related to the exercise of any rights of Landlord under this Lease. All such liability insurance shall specifically 82595.00018\34898229.3

12 insure the performance by Land lord of the indemnity agreement as to liability for injury to or death of pers ons and injury or damage to property unde r Section 9.5.

Further, all such liability insurance shall include personal injury; blanket contractual, cross- liability, and severability of interest clauses; products/completed operatio ns; br oad-form property damage; independent contractors; owned, non- owned, and hired vehicles; and, if alcoholic beverages are served, sold, consumed, or obtained in the Premises, liquor law liability. (b) Insurance covering all of the Premises (other t han any T enant’s work, Tenant improvements, Alterations permitted under ARTICLE 6, trade fixtures, or personal property of Tenant or Tenant Parties from time to t ime in, on, or about the Premises), and other impr ovements comprising the Premises in an amount not less than their full replacement value from time to time, including replacement cost endorsement, providing protection against any peril included w ithin the classification Fire and Extended Coverage, sprink ler damage, vandali sm, malicious mischief, and such other additional perils as covered in an “All -Risks” standard insurance policy. Any policy proceeds shall be used for the repair or replacement of the property damaged or destroyed unless this Lease has ceased and terminated under the provisions of Article 10.
(c) Automobile liability insurance with limits of liability not less than $1,000,000 per occurrence and $2,000,000 annual aggregate.
(d) Workers' compensation insurance providing statutory covera ge with limits not less than $1,000,000 per accident for bodily injury and property damage; and employer's liability with liability limits of $1,000,000.

9.2 [Reserved]

9.3 Policy Form . All policies of in surance re quired under this L ease must be issued by insuranc e companies with ge neral policyholder’s rating of not less than an A- and a financial rating of not less than an AM Best rating of AVII, and which are admitted and qualified to do business in the State of California. All such policies (excluding worker’s compensation and em ployer’s liability) shall name Tenant, its directors, officials, officers, employees, agents and volunteers as additional insureds. Landlord shall deliver certificates of insur ance to Te nant within thirty (30) days prior to the expirati on of the term of each policy. All policies of insurance must contain a provision that the company writing the policy shall give Tenant thirty (30) days’ prior written notice of any cancellation o r lapse or the effective date of any reduction in the amounts of insurance. Al l policies shall be endorsed to read that such policies are pr imary policies with respect to Landlord’s obligations under this Lease, and any insurance carried by Tenant shall be noncontributing with such policies. No policy shall have a deductible greater than twenty-five thousand dollars ($25,000) unless approved in writing by the other party.
82595.00018\34898229.3

13 9.4 Blanket Policies. Despite anything to the contrary contained in this Article 9, the obligation to carry insurance may be satisfied by coverage un der a so-called blanket policy or policies of insurance; provided that the coverage afforded shall not be reduced or diminished and the requirements set forth in this Lease are otherwise satisfied by such blanket policy or policies.

9.5 Indemnity. To the ful lest extent permitt ed by law, Landlord shall indemnify, hold harmless, and defend Tenant from and against any and all claims, actions, demands, expenses, and liability whatsoever, including reasonable attor ney fees, on account of any such real or claimed damage or liability and fr om all liens, claims, demands, expenses, and liability occurring within the Premises, arising from (i) the acts or omissions of Landlord or Landlord’s Agents ; (ii) any bre ach or def ault on the part of Landlord in the performance of any obligation und er thi s Lease; or (iii) any accident, injury or damage in or about the Premises caused by Landlord or Landlord’s Agents, or any condition on the Premises for which Landlord is r esponsible. Tenant shall promptly notify Landlord of any ac tions, proceedings, claims, or demands for which Tenant requests indemnification from Landlord. Landlord has the right to assume the entire control of the defense thereof, and Tenant and Tenant’s Agents shall cooperate fully with Landlord in such defense a t Landlord’s cost.

Landlord shall not be required to indemnify Tenant to the extent of the sole negligence, gross negligence or willful mi sconduct of Tenant or Tenant Parties . “Agents” means the employees, agents, officers, directors, licensees, contractors, and subcontractors of a party.

9.6 Waiver of Subrogation. Landlord and Tenant each waive any rights each may have against the other on account of any loss or damage occasioned to Landlord or Tenant , as the case may be, their respective property, the Premises or its contents, arising from any liability, loss, damage, or injury caused by fire or other casualty for which property insurance is carried or required to be carried under this Lease. The ins urance pol icies obtained by Landlord and Tenant under this Lease , or otherwise, shall contain endorsements waiving any right of subrogation that the insurer may otherwise have against the non- insuring party.

ARTICLE 10

DAMAGE/DESTRUCTION

10.1 Landlord’s Obligation to Reb uild Premises. On any damage due to fire or other casualty, Landlord shall, at its e xpense, restore the Premises (including tenant leasehold improvements but excluding Tenant’s trade fixtures, inventory, and other personal property), the building in which the Premises are located (“Building”), and all improvements to substantially their condition prior to such casualty. Landlord shall undertake such restoration with due diligence and in any event shall commence restoration within 60 days after such casualt y and 82595.00018\34898229.3

14 complete such restoration within 180 days after such c asualty. The dates by which Landlord is to begin and complete said repairs or restoration may be deferred to the extent due to an event of Force Majeure. Despite the cause of any delay, the restor ation shall be completed within 270 days after the fire or casualty.

10.2 Destruction of Premises. Despite the foregoing, if the Premises are totally or substantially destroyed, Landlord and Tenant shall each have the right to terminate this Lease; provided that if Landl ord elects to terminate, such cancellation shall be of no force and effect if Tenant gives Landlord written notice within thirty (30) days after receipt of Landlord’s notice of termination that Tenant elects to renew this Lease under Article 3 abo ve. On an y such renewal, this Lease shall remain in full force and effect, and the Premises shall be restored in accordance with the terms and conditions of this Article 10. In each case, the termination right may be exercised by the terminating party giv ing written notice to the other party within thirty (30) day s after the date of destruction. If Landlord terminates this Lease pursuant this S ection 10.2, then on Landlord’s receipt of any insurance proceeds payable by reason of such destruction, Landlord s hall pay to Tenant from such proceeds an amount equal to the unamortized book value of Tenant’s leasehold improvements paid for by Tenant , if any, and Tenant’s fixtures and equipment that are not capable of removal from the Premises, reduced by the amount of proc eeds of any insurance carried by Tenant on such item s under Article 9. Tenant may determine that the Premises are substantially destroyed, and may elect to terminate this Lease, if the Premises are not suitable for the Permitted Use, as determined in Tenant’s sole discretion.

10.3 Distribution of Proceeds . In the event of the t ermination of this Lease under this Article 10, any proceeds from insurance carried under Article 9 and all insurance covering any Tenant leasehold improvements, but excluding proceeds for trade fixtures, signs, and other personal property, shall be disbursed and paid to Landlord. In the event that this Lease is not terminated, the proceeds of the property insurance described in Article 9 applicable to any Tenant leasehold improv ements shall be promptly made available and released to Tenant, and the proceeds of t he property insurance described in Article 9 applicable to the Premises (other than the nonstructural im provements installed by Tenant) shall be promptly made available and released to Landlord.

10.4 Abatement. In the event of repair, r econstruction, and restoration, as provided in this Article 10, Rent payable under this Lease shall be abated proportionately with the degree to which Tenant’s use of the Premises is impaired duri ng the rem ainder of the period of repair, reconstruction, and restoration. Tenant shall not be entitled to any compensation or damages from Landlord for loss of use of the whole or any part of the Premises or the building of which the Premises are a part, T enant’s p ersonal property, or any 82595.00018\34898229.3

15 inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration.

ARTICLE 11

CONDEMNATION

11.1 Taking. “Taking,” as used in this Article 11, means an appropriation or taking under the power of eminent domain by any pu blic or quasi -public authority or a voluntary sale or conveyance in l ieu of condemnation but under threat of condemnation.

11.2 Total Taking. In the event of a Taking of the entire Premises, this Lease shall terminate and expire as of the date posses sion is de livered to the condemning authority and Landlord and Tenant shall each be released from any liability accruing under this Lease after the date of such termination, but Ren t for the last month of Tenant’s occupancy shall be prorated and Landlord shall refund to Tenant any Rent paid in advance.

11.3 Partial Taki ng. If there is a T aking of (a) mor e than 25 percent (25%) of the Premises; or (b) a portion of the Premises and, regardless of the amount taken, the remainder of the Premises is not suitable for t he Permitted Use as determined in Tenant’s sole discretion, then Tenant may terminat e this Lease, as of the date Tenant is required to vacate a portion of the Premises, on giving notice in writing of such election to the Landlord within thirty (30) days after receipt by Tenant from Landlord of written notice that a portion of the Pr emises has been so appropriated or taken.

11.4 Award. The entire award or compensation in any such condemnation proceeding, whether for a total or partial Taking, for diminution in the value of Landlord’s reversionary interest in the Premises shall belong to and be t he property of Landlord, and Tenant shall be entitled to that portion of the award payable in connection with such Taking attributable to diminution in value of Tenant’s leasehold, damage to Tenant’s operations and loss of goodwill , and Tenant’s relocation costs.

11.5 Continuation of Lease . In the event of a Taking, if Landlord and Tenant elect not to terminate this Lease as provided above (or have no right to so terminate), Land lord agrees, at Landlord’s cost and expense as soon as reasonably possible after the Taking, to restore the Premises (to the extent of the condemnation proceeds) on the land remaining to a complete unit of like quality and character as existed prior to th e Taking a nd, thereafter, Rent shall be reduced on an equita ble basis, taking i nto ac count the relative value of the portion taken as compared to the portion remaining.
82595.00018\34898229.3

16 ARTICLE 12

ASSIGNMENT; SIGNAGE

12.1 Permitted Assignment. Tenant may , as part of the Permitted Use, make the rooms located on the Premises available to Occupants. Tenant may grant licenses without Landlord’s consent . In addition, Tenant may assign this Lease to another public entity, affiliated non- profit entity, or a consultant of Tenant.

12.2 Signage. Tenant shall have the right to install and utilize throughout the Term such exteri or or interior signage on the Premises as may be desirable or necessary for the Permitted Use. Exterior signage must be legally permitted, as necessary, and upon termination of the Lease must be removed at Tenant’s expense Landlord agrees that Tenant may display on or about the Premises temporary signs or banners to be supplied by Tenant.

ARTICLE 13

LANDLORD’S ACCOUNTING RECORDS

13.1 Landlord’s Accounting Records; Tenant’s Audit Rights . Landlord shall keep complete, accurate accounting books and r ecords with respect to any costs Landlord alleges are attributable to Tenant or Tenant Parties and shall retain such accounting books and records and reasonable supporting documentation for at least two (2) years from the end of the period to which they are applicable. Tena nt may at any reasonable time during normal business hours, on ten (10) days’ prior notice to Landlord, cause a complete audit to be made of such accounting books, records, and o ther mate rials that Landlord is required to retain for all or any part of the two (2 ) years immediately preceding the giving of such notice. Tenant may require Landlord to produce such information about such accounting books and records as is necessary for a proper examination and audit thereof and to make such books and records available to Tenant for examination and audit. Any such audit shall be conducted in a manner so as to minimize interference with Landlord’s business operations.

ARTICLE 14

DEFAULTS BY TENANT

14.1 Events of Default . Should Tenant at any time be in default with respect to any payment of Rent, or any other charge payable by Tenant under this Lease for a period of ten (1 0) business days after written notice from Landlord to Tenant, or should Tenant be in def ault in the prompt and full performance of any other of its promises, covenants, or agreements contained in this Lease (excepting obligation to pay rent) for more than sixty (6 0) days after written notice from Landlord to Tenant specifying the par ticulars of the default, 82595.00018\34898229.3

17 then Landlord may treat the occurrence of any one (1) or more of the foregoing events as a breach of this Lease. Notwithstanding the foregoing, if the default cannot be rectified or cured within such sixty (60) -day period, but Ten ant has, within such period, commenced to rectify or cure the default and is diligently and continuously prosecuting the same to completion, the default shall be deemed to be rectified or cured, and Tenant shall not be in breach of this Lease.

14.2 In the ca se of Tenant’s breach of this Lease , and prior to exercise by Landlord of any r ight specified in Section 14.4 below, the parties shall hold at least one (1) informal meeting or mediation, including, at minimum, Landlord, Tenant and Tenant’s legal counsel, to develop a plan for Tenant to cure any breach of this Lease, including a reasonable timeframe for Tenant to implement such plan.

14.3 Should Tenant fail to implement the plan to cure its breach, developed pursuant to Section 14.2 above, in addition to any or all other right s or remedies of Landlord provided by law (but not including damages or relief provided under California Civil Code §1951.2), Landlord has the right, at Landlord’s option, subject to Applicable Law, on at least sixty (60) business days’ prior notice to Tenant, (a) to declare the Term ended and to reenter and take possession of the Premises and remove all persons therefrom and Tenant agrees in advance to reimburse Landlord for any reasona ble expense incurred in removing the Occupants ; or (b) without declaring this Lease t erminated and without terminating Tenant’s right to possession, to reenter the Premises and occupy the whole or any part for and on account of Tenant and to collect any unpaid rentals and other charges that have become payable or which may thereafter become payable; or (c) even though it may have reentered the Premises as provided in subclause (b) above, to thereafter elect to terminate this Lease and all of the rights of Tenant in or to the Premises.

14.4 Landlord Remedies. Should Landlord elect to terminate th is Lease under the provisions of S ection 14.3(a) or (c) above, Tenant shall vacate and surrender the Premises and Tenant’s obligation to pay rent that would become due after the dat e of termination ( “Future Rent”) shall cease, the parties further acknowledging that Landlord has no right under the Lease to accelerate Rent (i.e., declare Future Rent to be immediately due and payable). Should Landlord elect not to terminate thi s Lease under the provisions of S ection 14.3(b), Landlord has the remedy descr ibed i n California Civil Code §1951.4 (Landlord may continue the Lease in effect after Tenant’s breach and recover rent as it becomes due). ON REPOSSESSING THE PREMISES, LANDLOR D SHALL

USE REASONABLE EFFORTS TO MITIGATE DAMAGES AND RELET THE

DEMISED PREMISES AT THE HIGHEST RENT AND ON THE BEST TERMS AVAILABLE TO LANDLORD. LANDLORD SPECIFICALLY DISCLAIMS,

WAIVES, AND DISAVOWS ANY STATUTORY, CONTRACTUAL, OR COMMON

LAW LIEN, IF ANY, ATTACHING OR RELATING TO TENA NT OR TENANT 82595.00018\34898229.3

18 PARTIES’ PERSONAL PROPERTY, INCLUDIN G ALL EQUIPMENT, FURNITURE, OR TRADE FIXTURES.

ARTICLE 15

DEFAULTS BY LANDLORD

15.1 Landlord’s Default. Should Landlord at any time be in default with respect to any payment of any amount pay able by Landlord under this Lease f or a period of ten (10) business days after written notice from Tenant to Landlord, or should Landlord fail to perform any other covenant, provision, or condition contained in this Lease on its part to be performed within thirty (30) days after written notice of default (or if more than thirty (30) days i s required because of the nature of the default, if Landlord fails to diligently proceed to commence to cure the default after written notice), then Tenant has all rights a nd remedies at law and in equity including the right to cure any such default. Landlord shall reimburse Tenant for the reasonable cost of curing Landlord’s default within fifteen (15) days following receipt from Tenant of invoices or other reasonable evidence of th e amount of such cos ts. Should Landlord fail to pay Tenant any amount due Tenant within fifteen (15) days following receipt of Tenant’s invoices or other evidence (if Landlord does not institute a reference proceeding disputing such cure), Tenant may, despite anything to the contrary contained in this Lease, deduct and offs et such amount (including interest at the Interest Rate from the time of Tenant’s expenditure until repaid) from any monetary obligation of Tenant owing Landlord hereunder. Any amount due from Landlord to Tenant shall bear interest at the Interest Rate fro m the date due until paid. All rights, options, and remedies of Tenant contained in this Lease must be construed and held to be cumulative, and no one of them is exclusive of th e other, a nd Tenant has the right to pursue any one or all of such remedies or any ot her remedy or relief that may be provided by law, whether or not stated in this Lease. Tenant’s failure to insist on strict performance of any term, covenant, or condition of this Lease or to exercise any right or remedy it has shall not be deemed a waiver or relinquishment for the future of such performance, right, or remedy unless in writing signed by Tenant. No waiver by Tenant shall constitute a waiver of any subsequent breach.

15.2 Applicable Timeframes. In the case of any conflict between Section

15.1 and Section 8.2, Section 8.2 shall govern.

ARTICLE 16

TITLE AND QUIET ENJOYMENT

16.1 Landlord’s Title Warranty. Landlord represents and warrants that it is the owner of fee simple title to the Premises, includin g the land and all improvements, equipment, fixtures, and all other personal property appertaining 82595.00018\34898229.3

19 thereto, free and clear of all tenancies, occu pancies, r estrictions, covenants, easements, liens, encumbrances, and any other exceptions.

16.2 Quiet Enjoyment . Tenant shall peaceably and quietly hold and enjoy the Premises from and after delivery thereof to Tenant without disturbance, hindrance, or eject ion by Landlord, Landlord’s Agents, or any party claiming under or through Land lord, and Landlord shall defend Tenant’s right to such use and occupancy.

ARTICLE 17

SUBORDINATION, ATTORNMENT, AND ESTOPPEL CERTIFICATE

17.1 Subordination to Loans; Non- disturbance Agreement s. If the Premises are, as of the date of this Lease, subject to the lien of any mort gage or deed of trust, then Landlord shall provide Tenant with an agreement ( “Non- disturbance Agreement”) executed by such lienholder ensuring Tenant’s r ight to possession of the Pr emises and other rights granted under this Lease in accordance with t his Lease’s terms and conditions and record ed with the applicable county recorder’s office. Landlord represents and warrants that, as of the Effective Date, there is no mortgag e or trust deed, except Loan number 443010000 with Heritage Bank of Commerce. Landlord represents and warrants that, as of the Effective Date, there is no prime lease, or ground lease encumbering the Premises.

17.2. Attornment. In the event of the exercise of the power of sale under any lien encumbering the Premises or in the event any proceedings are brought for foreclosure under any such lien, provided Tenant has previously received an executed Non- disturbance Agreement from the lienholder in accordance with Section 17.1 above, Tena nt shall attorn to the purchaser on any foreclosure or sale and recognize the purchaser as Landlord under this Lease, provided that the purchaser shall acquire and accept the Premises subject to this Lease.

ARTICLE 18

ENVIRONMENTAL MATTERS

18.1 Landlord’s Obligations . L andlord covenants, represents, and warrants that as of the Commencement Date and delivery of the Premises to Tenant, the Premises shall not contain any “ Hazardous Materials” (as hereinafter defined) in such quantity as would constitute a violation of Applicable Laws or would adversely affect Tenant’s use or occupancy of the Premises for the Permitted Use, or access to or parking serving the Premises. Landlord sh all not incorporate or permit or suffer to be incorporated, knowingly or unknowingly, any material cont aining any Hazardous Materials into the Premises. Landlord shall prevent any action by any person other than Tenant or any of Tenant Parties that would c ause the Premises to be in v iolation of Applicable Laws 82595.00018\34898229.3

20 relating to Hazardous Materials, or would subject the Premises to any remedial obligations under such Applicable Laws. In the event Hazardous Materials are or become located in, on, under, or about the Premises, other than as a result of the acts or omissions of Tenant or Tenant Parties , Landlord shall remediate such contamination, at no cost to Tenant, on discovery of such contamination. If Hazardous Materials are discovered in, on, or about the Premi ses (without regard to whether Landlord caused such Hazardous Materials to be installed therein) prior to the Commencement Date, then Landlord, at its sole cost and expense, shall remove the Hazardous Materials and deliver to Tenant (a) a clearance certifi cate from the appl icable gov ernmental jurisdiction (or, if no governmental jurisdiction issues such cer tificate, then from a state- certified asbestos consultant or state-licensed industrial hygienist) certifying the complete removal thereof; and (b) a clean air certificate f rom a state -certified asbestos consultant or state- licensed industrial hygieni st certifying that the ambient air in the Premises is within all applicable regulatory levels for use without protective measures (collectively, “ Remediation Work”) at least ten (10) days prior to the anticipated Commencement Date. If Hazardous Materials are dis covered in, on, or about the Premises on or aft er the Commencement Date and such Hazardous Materials were not placed therein by Tenant or Tenant Parties , then Tenant has the right to vacate the Premises and Landlord shall, at its sole cost and expense, promptly perform all Remediation Work and repair or replace all improvements damaged by the Remediation Work. All Rent shall abate from the date on which the Hazardous Materials are discovered until the date on which the Remediation Work is complete and all d amaged improvements are repaired or replaced.

Landlord shall immediately notify Tenant in reasonable detail of any existing, pending, or threatened regul atory action, thir d party cl aims, or contamination relating to Hazardous Materials , resulting other tha n from the acts or omissions of Tenant or any o f Tenant Parties. Landlord shall indemnify, defend, and hold Tenant harmless from and against any and all damages, claims, a ctions, penalties, demands, losses, liabilities, costs, or expenses (including reasonable attorney fees and expenses) arising out o f or in connection with the presence of Hazardous Materials in, on, under, or about the Premises that are not caused to be so present as a result of the acts or omissions of Tenant or Tenant Parties.

The obli gations of Landlord under the immediately prece ding sentence shall survive the expiration of the Term or earlier termination of this Lease. As used in this Lease, “ Hazardous Material ” means any asbestos, petroleum product or byproduct, or hazardous or toxi c substance, material, or waste that is or becomes regulated by any local government authority, the State of California , or the United States.

18.2 Hazardous Materials. Tenant, at its so le cost and expense, shall comply with all Applicable Laws relating t o the storage, use, handling, and disposal of Hazardous Materials . Tenant shall immediately notify Landlord and provide to Landlord a copy or copies of any env ironmental entitle ments or inquiries related to the Premises. The cleanup and disposal of any Haz ardous Materials located or released onto or about the Premises by Tenant or its agents, 82595.00018\34898229.3

21 contractors, or employees shall be performed by Tenant at Tenant’s sol e cost and expense and shall be performed in accordance with all Applicable Laws under a site ass essment and removal/remediation plan prepared by a li censed and qualified geotechnical engineer and submitted to and approved in writing by Landlord prior to t he commencement of any work. Despite any other term or provision of this Lease, Tenant shall permit Lan dlord or Landlord’s agents or employees to enter the Premises at any time, on reasonable notice, to inspect, monitor, or take emergency or long- term reme dial action with r espect to Hazardous Materials on or affecting the Premises or to discharge T enant’s obligations under this S ection 18.2 with respect to such Hazardous Materials when Tenant has failed, after written demand by Landlord and the expiration of the applicable c ure period, to do so. All reasonable out -of-pocket costs and expenses incurred by Lan dlord in connection with performing Tenant’s obligations under this Lease shall be reimbursed by Tenant to Landlord within thirty (30) days of Tenant’s receipt of written reimbursement request.

ARTICLE 19

MISCELLANEOUS PROVISIONS

19.1 Notices. E very notic e, demand, or request (collectively, “Notice”) required under this Le ase or by law to be given by either party to the other must be in writing. Notices must be given by personal service or by United States certified or registered m ail, postage pr epaid, ret urn receipt requested, or by telegram, mailgram, or same- day or overnight p rivate courier, addressed to the party to be served at the address indicated in Article 1 or such other address as the party to be served may from time to t ime designate i n a Notice to the other party. Copies of any Notice may be sent to the addresses, if any, designated for service of copies of Notices in Article 1.

19.2 Force Majeure. Any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, material acts of God (such as a tornado or earthquake), industry-wide inability to procure labor or m aterials or reasonable substitutes therefor, pandemics (excluding the COVID -19 pandemic) , extraordinary governmental restrictions, regulations, or controls, judicial order s, enemy or hostile governmental action, terrorism, civil commotion, fire, or o ther c asualty, “Severe Weather ” (as hereinafter defin ed), and other similar causes (except financial) beyond the reasonable control of the party obligated to perf orm (each of the foregoing events is referred to as an event of Force Majeure) shall excuse the perf ormance by that party for a period equal to the prevention, delay, or stoppage; provided that Force Majeure shall not excuse the obligations imposed with regard to Rent to be paid by Tenant under this Lease except when (a) the Commencement Date is delayed by reason of Force Majeure, or (b) such payment is excused under other provisions of this Lease. However, no delay shall be excused by this section unless ( i) the delayed party noti fies the other party in writing of the delay within three (3) busines s days of the event giving rise 82595.00018\34898229.3

22 to such delay; (ii) t he delayed party has exhausted all other resources available at reasonable costs to avoid such delay; and (ii i) the delayed party diligently pursues completion of the activity that was delayed. “ Severe W eather” means weather that a reasonable person would find unusual and unanticipated at the time of the scheduling of the activity based on recent weather patterns for the period in question in the vicinity of the Premises; provided that the delayed party delivers to the other party, on request, reasonable documentation from an unbiased weather authority substantiating such claim. Despite anything to the contrary in this Lease, und er no cir cumstances shall Force Majeure extend the time for performance of any obligation by more than three (3) months. Delays related to the current COVID -19 pandemic shall not constitute a Force Majeure event, and shall not be excused under this provision.

19.3 No Confidentiality. Landlord acknowledges that Tenant is a public entity and as such is subject to the Public Records Act, Freedom of Information Act and related public disclosure laws.

19.4 Termination and Holding Over . On the expiration or earlier termination of the Term, Tenant shall peaceably and quietly surrender the Premises b room-clean and in good order and state of repair (exc epting Landlord’s obligations under this Lease), reasonable wear and tear and any damage to the Premises that Tenant is not r equired to repair under Articles 10– 11 and any damage(s) that exceeds the maximum aggregate repair cost limit set forth in Section 8.3 excepted. Tenant shall have the right, but not the obligation, to remove from the Premises Tenant’s trade fixtures, furniture, equipment, signs, improvements, additions, and Alterations, if any, to the extent such items are not permanently affixed to t he Premises, and immediately repair any damage occasioned to the Premises by reason of such removal so as to leave the Premises in a n eat and clean condition. At Landlord’s election, any property left in the P remises by Tenant for fifteen (15) days after t he expiration or earlier termination of the Term shall become the property of Landlord without any cost to Landlord. Should T enant hol d over in the Premises beyond the expiration or earlier termination of this Lease, the holding over shall not constitute a renewal or extension of this Lease or give Tenant any rights under this Lease. In such event, Tenant’s occupancy shall be c onsidered a tenancy from month to month (terminable on thirty (30) days’ notice by either party) subject to all of the terms and conditions in this Lease, except that Rent shall be an amount equal to 110 percent (110%) of the sum of Rent that was payable by Tenant for the twelve (12)-month period immediately preceding the expiration or ear lier termination of this Lease.

19.5 Prevailing Wage Laws.
(a) Landlord is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et s eq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage L aws”). Any 82595.00018\34898229.3

23 Landlord Improvements that involve construction work and that are completed pursuant to a contract entered into following the Effective Date, or pursuant to plans, specifications or criteria provided by the Tenant including, but not limit ed to the in -room fire sprinkler improvements, are subject to the payment of prevailing wages in accordance with California Labor Code section 1702.2, and California Labor Code section 1770, et. seq.
(b) If any other work under this Lease is being performe d as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Landlord agrees to fully comply with such Prevailing W age Laws, including, alon g with subcontractors, being registered with the Department of Industrial Relations , as applicable (Labor Code §§ 1725.1; 1771.1). It shall be mandatory upon Landlord and all subcontractors to comply with all California Labor Code provisions, whi ch include but are not limited to prevailing wages (Labor Code §§ 1771; 1774; 1775), employment of apprentices (Labor Code § 1777.5), certified payroll records (Labor Code §§ 1771.4; 1776), hours of labor (Labor Code §§ 1813; 1815) and debar ment of contrac tors and s ubcontractors (Labor Code § 1777.1). Such work may be subject to compliance monitoring and enforcement. Landlord shall defend, indemnify and hold the Tenant , its officials, officers, employees and agents free and harmless from any claim or liabili ty arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

19.6 Miscellaneous Provisions.
(a) Any waiver by either party of a breach by the other party of a covenant of this Lease shall not be construed as a waiver of a subsequen t breach of the same covenant.
(b) It is understood that there are no oral or writte n agreements or representations between the par ties of this Lease affecting this Lease, and this Lease supersedes and cancels any and all previous negotiati ons, arrangements, representations, brochures, agreements, and understandings, if any, between Landlord and Tenant. No provision of this Lease may be amended except by an agreement in writing signed by Landlord and Tenant.
(c) This Lease is governed by and construed in accordance with the laws of the State of California without giving effect to the choice of law provisions thereof.

Venue shall be in Contra Costa County.
(d) Subject to the terms of this Lease, all rights and obligations of Landlord and Tenant under this Le ase extend to and bind the respective heirs, executors, administrators, and th e permitted concessionaires, successors, subtenants, and assignees of the parties.
(e) If Tenant or Landlord is a corporation, partnership, or limited liability company, then each individual executing this Lease on behalf of the corporation, 82595.00018\34898229.3

24 partnership, or lim ited liability company (in his or her represent ative capacity only) represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of the corp oration, partnership, or limited liability company and that this Lease is binding on the corporation, partnership, or limited liability company.
(f) Each party represents and warrants that it has not had any dealings with any realtors, brokers, or agents in connection with the negotiation of this Lease. (g) Except where ano ther r ate of interest is specifically provided for in this Lease, any amount due from either party to the other under this Lease that is not paid when due shall bear interest at the rate per annum ( “Interest Rate”) equal to the prime interest rate publishe d from time to time by the Wall Street Journal plus t wo (2) percentage points (but in no event to exceed the maximum lawful rate) from the date such amount was or iginally due to and including the date of payment.
(h) Each party to this Lease shall pay all costs for work performed by or on account of it and shall keep the Premises free and clear of mechanics liens or any other liens. Each party shall give the other party immediate notice of any lien filed against the Premises as a result of any work of improvement performed by or on behalf of such party. Such party shall immediately cause any lien to be discharged or removed of record by either paying the amount ther eof or recording a statutory lien release bond in an amount equal to 150 percent (150%) of the amount of said lien, or such other amount as may be adequate to cause the lien to be released as an encumbrance against the Premises . Each party shall indemnify, defend, and hol d harmless the other from and against any and all costs, losses, liabilities, claims, demands, and expenses (including reasonable attorney fees and expenses) arising as a result of any mechanics, material suppliers, or other lien filed agai nst the Premise s in connection with any labor, materials, or services furnished or claimed to have b een furnished on behalf of the indemnifying party.
(i) Landlord and Tenant desire and intend that any disputes arising between them, with respect to or in c onnection with this Lease, be subject to expeditious resolution in a court trial without a jur y. THEREFORE, TO THE EXTENT NOW

OR HEREAFTER PERMITTE D BY LAW, LANDLORD AND TENANT EACH

WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY OF ANY CAUSE OF

ACTION, CLAIM, COUNTERCLAIM, OR CROSS-COMPLAINT IN ANY ACTION,

PROCEEDING, OR OTHER HEARING BROUGHT BY EI THER L ANDLORD

AGAINST TENANT OR TENANT AGAINST LANDLO RD ON ANY MATTER

WHATSOEVER ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THIS LEASE, THE RELATIONSHIP OF LAN DLORD AND TENANT, TENANT’S

USE OR OCCUPANCY OF THE PREMISES OR ANY CLAIM OF INJURY OR

DAMAGE, OR THE ENFORCEMENT OF ANY REMEDY UNDER ANY LAW, 82595.00018\34898229.3

25 STATUTE, REGULATION, CODE, OR ORDINANCE, EMERGENCY OR OTHERWISE, NOW OR HEREAFTER IN EFFECT.
_______________
LANDLORD’S INITIALS
_______________
TENANT’S INITIALS

(j) Landlord agrees and consents to the recordation of this Lease . (k) Landlord, its agents, contractors and employees may enter the Premises during normal business hours (i) to examine the Premises; (ii) to perform any obligation or exercise any right or remedy of Landlord under this Lease; (iii ) to conduct maintenance and make repairs ; (iv) to cure any Tenant default (after Landlord has provided Tenant notice and an opportunity to cure such default under Article 14); (v) to perform work necessary to comply with Applicable Laws or of any insurance underwriter; and (vi) to perform work that Landlord deems necessary to prevent waste or deterioration in connection with the Premises.

Landlord shall notify Tenant’s on -site personnel or consultant prior to or upon such entry. In exercising its right of entry, Landlord shall not interfere with the Permitted Use, nor unreasonably disturb any Occupants.
(l) If any one or more of th e provisions contained in this Lease shall for any reason, by a court of competent jurisdiction, be held to be invalid, illeg al or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Lease shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. [Signatures on Following Page]
82595.00018\34898229.3

26 SIGNATURE PAGE

TO MASTER LEASE BETWEEN

RUDRAM LLC AND THE CITY OF ANTIOCH

IN WITNESS WHEREOF, the parties have executed this Lease as of the date last set forth below.

LANDLORD:

By:

Name;_________________________
Its:

Date:__________________________

By:

Name;_________________________
Its:

Date:__________________________

TENANT:

CITY OF ANTIOCH

By:

Name: ________________________
Its:

Date:__________________________

82595.00018\34898229.3

EXHIBIT A-1

EXHIBIT “A”

DESCRIPTION OF THE PREMISES

82595.00018\34898229.3

EXHIBIT B-1

EXHIBIT “B”

AERIAL VIEW OF PROPERTY

82595.00018\34898229.3

EXHIBIT C
1 EXHIBIT C

SERVICES ADDENDA

This Services Addenda (“Services Addenda”) is part of and made in reference to that certain Master Lease Ag reement (“Lease”) entered into between the City of Antioch (“Tenant”) and Rudram LLC ( “Landlord”). The Services to be provided under this Services Addenda include (“Services”):

(a) Prompt response to emergency maintenance
requests, such as for clogged toilets.
(b) Provide linens and towels for each room. Linens an d towels shall be in good condition.
(c) Wash towels and sheets weekly; provide clean linens to rooms weekly, provide supplies as needed.
(d) Cleaning of rooms when Occupants , as defined in the Lease, move out.

Landlord shall perform all Services in a skillful and competent manner, consistent with the standards generally recognized as being employed by professiona ls in the same discipline in California, and co nsistent with all applicable laws.

Landlord represents that it, its employees and subcontractor s have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City business license, and such licenses and approvals shall be maintained throughout the term of this Agreemen t. Landlord shall keep itself fully informed of and in compliance with al l local, state and federal laws, rules and regulations in any manner affecting the performance of the Services.

Landlord shall not disc riminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, c ultural or linguistic characteristics, or ethni city), sexual orientation, gender identity, gender expression, physical or mental disability, or medical cond ition (eac h a “prohibited basis”). Landlord shall ensure that applicants are employed, and tha t employees are treated during their employment, without regard to any prohibited basis.

82595.00018\34898229.3

EXHIBIT D
1 EXHIBIT D

MEMORANDUM OF LEASE

Recording Requested By, and
When Recorded, Return to:

City of Antioch
P.O. Box 5007
Antioch, CA
94531-5007
Attn: Interim City Manager

No fee for recording pursuant to
Government Code Section 27383
________________________________________________________________ Use Space Above this Line

MEMORANDUM OF MASTER LEASE
This MEMORAN DUM OF MASTER LEASE ("Memorandum"), dated to be effective as of ____________, 2022, is entered into by and between Rudram LLC (“Landlord”) and the City of Antioch (“Tenant”).

1. Grant of Lease; Term . Landlord leases to Ten ant, and Tenant leases from Landlord, those certain premises in the City of Antioch, County of Contra Costa, State of California more particularly described on Exhibit A attached hereto and incorporated herein (“ Premises”), for an initial term of two (2) years, with an option for Tenant to extend for two additional two (2) year periods, and for such additional periods as may be agreed upon by the parties, subject to the provisions of that certain Master Lease between the parties hereto, dated _____________ , 2022 ("Lease"). The provisions of the Lease are incorporated herein by this reference.

3. Purpose. This Memorandum is prepared for the purpose of recordation only, and it in no way modifies the provisions of t he Lease. In the event of any inconsistency between the provisions of this Memorandum and th e Lease, the provisions of the Lease shall prevail.

4. Miscellaneous. The parties have executed this Memorandum of Lease as of the date first set forth above on the dates and at the places indicated in their acknowledgments below.
82595.00018\34898229.3

EXHIBIT D
2 5. Termination. When the Lease expires or is terminated, Tenant and Landlord shall execute and deliver a termination of this Memorandum in form for recordation.

LANDLORD:

By:

Name: ________________________
Its:

Date:__________________________

By:

Name: ________________________
Its:

Date:_________________________

TENANT:

CITY OF ANTIOCH

By:

Name: ________________________
Its:

Date:__________________________

* Signatures must be notarized
82595.00018\34898229.3

EXHIBIT E
1 EXHIBIT E

BOOKING LANGUAGE

For Use by Landlord

Because government funds may apply to future developme nt or opera tions on t he Premises, the Uniform Relocation and Real Property Acquisition Policies Act of 1970 as amended, Government Code 7260 et seq. or the Relocation Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and Communi ty Development as in Title 25, California Code of Regulations Section 6000, et seq. (collectively, the “Relocation Laws”) may apply to the Premises. Any hotel reservation at this property, including reservations for periods beyond 29 days, will not consti tute an establishment of residency for the purposes of eligibility for relocation assistance per the requirements of the Relocation Laws. Guest certifies the Executive Inn is not his/her primary and permanent place of residence and that by choosing to occupy this property, Guest will not be eligible for, and hereby waives any right to claim, reloc ation payments or assistance under the Relocation Laws. Guest acknowledges it may be required to relocate temporarily or permanently from the property and that i f Guest’s rent is increased as a result of such relocation, Guest will not be reimbursed for any such rent increases or any costs or expenses incur red in connection with a move. The foregoing shall apply to the fullest extent permitted by law.

8 Agenda Item #

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of July 26, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Rosanna Bayon Moore, Assistant City Manager RBM

SUBJECT: Unhoused Resident Services – Supportive Services for the City of Antioch’s Non-Congregate Bridge Housing Program Located at 515 East 18
th Street

RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution authorizing the City to enter into an agreement with Bay Area Community Services (BACS) for support ive services associated with the City’s Non-Congregate Bridge Housing Program located at 515 East 18th Street.

FISCAL IMPACT
The total not to exceed expenditure is $2,563,990 over a two year period to be paid from $3.1M in American Rescue Plan Act ( ARPA funds) for support services allocated by the City Council on April 12, 2022.

DISCUSSION
The City of Antioch aims to establish a Non- Congregate Brid ge Housing (NCBH) Program. The goals of the program are to 1) provide participants with a safe place to stay; 2) connect participants with community, mainstream, and personal resources based on individual need; and 3) assist participants in transitioning to more stable or permanent housing.

The NCBH Program will be overseen by the City of Antioch, in alignment and coordination with Contra Costa County’s homelessness response system. Participation in the Contra Costa County Continuum of Care (CoC) and Coordinated Entry System will allow the provider to leverage permanent housing resources available through the CoC.

At this time, the City seeks to enter into an agreement with BACS, an experienced community-based provider. BACS was selected following a competitive solicitation process and was top ranked for their experience in trauma informed care and community based philosophy. BACS emphasizes housing first with a supportive services approach Antioch City Council Report
July 26, 2022 Agenda Item 8 2
that is rooted in health and wellness. Skill building and problem solving with participants are central to their work.

B
ACS will provide supportive services to adults experiencing unsheltered homelessness in a non-congregate bridge housing setting located at 515 East 18th Street in Antioch, CA.

The contract period is for two (2) years, with an option for up to two additional two-year extensions.

N
CBH will serve adult households (without children) in the City of Antioch who are unhoused, particularly adults who are currently staying in outdoor locations, in a vehicle, or in other unsheltered situations and places not meant for human habitation. The primary source of referrals for NCBH will be via City’s Departments. This program is intended to serve individuals who are currently unsheltered. Once in NCBH, the primary program goal is to assist as many participants as possible to secure stable housing.

AT

TACHMENTS
A. Resolution
B. Agreement
C. Two Year Budget
D. No n-Congregate Bridge Housing Program Description
RESOLUTION NO. 2022/** ATTACHMENT A
July 26, 2022

RESOLUTION NO. 2022/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AUTHORIZING

THE CITY TO ENTER INTO AN AGREEMENT WITH BAY AREA COMMUNITY SERVICES (BACS) FOR SUPPORT SERVICES ASSOCIATED WITH THE CITY’S

NON-CONGREGATE BRIDGE HOUSING PROGRAM AT THE EXECUTIVE INN LOCATED AT 515 EAST 18TH STREET

WHEREAS, the City of Antioch is seeking to pursue strategies that both respond to the needs of Antioch’s unhoused residents and community concerns about homeless encampments;

WHEREAS, the City previously solicited a Request for Proposals for Non- Congregate Bridge Housing Program Services and Bay Area Community Services (BACS) is the number one ranked respondent;

WHEREAS, the Executive Inn, located at 515 East Eighteenth Street, is the future site of the City of Antioch Non Congregate Bridge Housing Program;

WHEREAS, the City Council acknowledges the critical role of the Continuum of Care and Contra Costa County’s Health, Housing, and Homeless (H3) Services Program in pursuing viable approaches to unhoused resident needs; and

WHEREAS, the consensus of the City Council is for the City of Antioch to initiate housing opportunities within city limits in coordination with H3.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby authorizes:

1. The City to enter into an agreement with Bay Area Community Services to provide critical supportive services for the City Non- Congregate Bridge Housing Program in a form approved by the City Attorney.

2. Expenditure of a sum not to exceed
$2,563,990 for an initial term of two years to
be paid from $3.1M in American Rescue Plan Act (ARPA funds) specified for this purpose by the City Council on April 12, 2022.

* * * * * * *

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 26 th day of
July 2022, by the following vote:

Antioch City Council Report
July 26, 2022 Agenda Item 8 4
A
YES:

N
OES:

ABS
TAIN:

ABS
ENT:
___
__________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH
82595.00018\40153964.3
1 ATTACHMENT B

TRANSITIONAL HOUSING PROGRAM SERVICES AGREEMENT

BETWEEN

THE CITY OF ANTIOCH AND
BAY AREA COMMUNITY SERVICES, INC.

T
HIS AGREEMENT (“Agreement”) is made and entered into this _____ day of _________________, 202__ ( “Effective Date”) by and between the Ci ty of Antioch, a municipal Corporation with its principle place of business at 200 H Street, Antioch, CA 94509 ( “City”) a nd Bay Area Community Services, Inc., a California nonprofit corporation with its principle place of business at ______________________ _______ (“Contractor”). City and Contractor individually are sometimes referred to herein as “Party” and collectively as “Parties.”
The City desires to provide for transitional housing program services to benefit persons in the City struggling with unshelt ered homelessness (the “ Program”). The City desires to engage Contractor to provide services for the Program as further detailed in this Agreement and the attachments hereto. Contractor is a non- profit entity with experience in successfully providing the services required for the Program for public agencies. The Program may be funded, in whole or in part, with Coronavirus Local Fiscal Recovery Funds, as further detailed herein, and Contractor shall comply with all requirements related to such funding.

SECTION 1. SE
RVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to provide to City the services descr ibed in the Scope of Work attached as Exhibit A and incorporated herein at the time and place and in the manner specified therein (“Services”). In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on _______________, the date of completion specified in Exhibit A, and Contractor shall complete the Services described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the Services required by this Agreement shall not affect the City’s right to terminate the Agreement, under Section 8.

1.2 Standard of Performance.

Contractor represents that it is experienced in
providing these Services to public clients and is familiar with the Program, and the plans and needs of City. Contractor shall perform all Services required pursuant to this Agreement in a good and workmanlike manner and in accordance with the highest professional standards.

1.3 Assignment of Personnel.

Contractor shall assign only competent
personnel to perform Services pursuant to this Agreement. In the event that City, in its 82595.00018\40153964.3

2 sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.3.1 If required by the C ity, and to the extent permitted by law, Contractor shall ensure that criminal background checks are completed prior to engagement of any Contractor employee, director, officer, agent, subcontractor, or volunteer on performance of any sensitive Services u nder this Agreement, as determined by the City.

1.4 Time. Contractor shall devote such time to the performance of Services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisf y Contractor’s obligations hereunder.

SECTION 2. CO
MPENSATION. City hereby agrees to pay Contractor a sum not to exceed $2,563,990 over a two year period, notwithstanding any contrary indications that may be contained in Contractor ’s proposal , for Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor ’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. Ci ty shall pay Contractor for Services rendered pursuant to this Agreement at the time and in the manner set forth below. The payments specified below shall be the only payments from City to Contractor for Services rendered pursuant to this Agreement. Exce pt as specifically authorized by City, Contractor shall not bill City for duplicate services performed by more than one person.

Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor ’s es timated costs of providing the Services required hereunder, including salaries and benefits of employees and subcontractors of Contractor . Consequently, the Parties further agree that compensation hereunder is intended to include the costs of cont ributions to any pensions and/or an nuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
 Serial id entifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;

 The beginning and ending dates of the billing period;

82595.00018\40153964.3
3  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;  A
t City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hour s spent by each person, a brief description of the work, and each reimbursable expense;
 T
he total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing Services; and,
 Contr
actor’s signature.

2.2 Payment Schedule.

2.2.1 City shall make incremental payments, based on invoices received, according to the Two Year Budget attached as Exhibit B and incorporated herein by reference, for Services satisfactorily performed, in accordance with the requirements of this Agreement, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements of Section 2.1 to pay Contractor.

2.3 Total Paym e
nt. City shall pay for the Services to be rendered by
Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering Services pursuant to this Agreement, unless expressly provided for in Section 2.5.

In no event shall C o ntractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.4 H
ourly Fees. Fees for work performed by Contractor shall not exceed the amounts shown in Exhibit B.

2.5 Reimbursable Expenses. Reimbursable expenses shall be identified in Exhibit B , and shall not exceed $913,500 over the two year term . Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.6 Payment of Taxes. C
ontractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. 82595.00018\40153964.3
4 2.7 Authorization to Perf orm Services. Contractor is not authorized to perform any Services o r incur any costs whatsoever under the terms of this Agreement until Contractor receives authorization to proceed from the Contract Administrator.

SECTION 3. FACI LITIES AND EQUIPMENT . Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the Services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

Contractor shall operate the Program at leased facilities provided by the City , and the
City shall furnish physical facilities required for Program operation, as determined by the City, at such leased facilities, all as further described in Exhibit A.

Should Contractor be required to be present at the offices of City, City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long- distance telephone or other communication charges, vehicles, and reproduction facilities.

3.1 E
quipment Pur chase.

3.1.1 Prior authorization, in writing, by City shall be required before Contractor e nters into any unbudgeted purchase order, or subcontract for supplies, equipment, or services for which Contractor intends to seek reimbursement from City.

Contractor shall provide an evaluation of the necessity or desirability of incurring such costs.

3.1.2 City may require three competitive quotations with the request for such purchase, or the absence of bidding must be adequately justified.

3.1.3 Any equipment purchased as a result of this Agreement is subject to the following:

Contractor shall maintain, and prov ide to the City upon request, an inventory of all nonexpendable property having a useful life of at least one year.

Title to all property sha ll vest in the name of the C ity. During the term of this Agreement, Contractor shall be responsible for the prot ection, maintenance and preservation of all such property held in custody for the City . Contractor shall, upon expiration or termination of this Agreement, deliver to the City all such property, and documents evidencing title to same, as applicable. In th e case of lost or stolen items or equipment, Contractor shall immediately notify the City Administrator, and shall complete any reports or follow such other procedures regarding lost or stolen items or 82595.00018\40153964.3
5 equipment as required by the City.

3.1.4 C ontractor shall comply with all other requirements of the City regarding supplies and equipment procured under this Agreement as may be set forth in Exhibit A, or in any policies or procedures developed pursuant to this Agreement.

SECTION 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work by Contractor and its agent s, representatives, employees, and subcontractors. Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor 's proposal.

Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Insurers shall have an AM Best rating of no less than A:VII unless otherwise accepted by the City in writing:

4.1 Commercial General Liability (CGL )
: Insurance Services Office Form
CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property dam age, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall app ly separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

4.2 Automobile Liability Insurance .

ISO Form Number CA 00 01 covering
any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

4.3 Sexual/Abuse insurance . If Contractor will have contact with persons under the age of 18 years, or provides services to persons with Alzhe imer’s or Dementia, or provides case management services, or provides h ousing services to vulnerable groups (i.e., homeless persons) , Contractor shall maintain sexual/molestation/abuse insurance with a limit of not less than $1,000,000 each occurrence and $2,000,000 in the aggregate.

4.4 Workers' Compensation Insurance . as re quired by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4.5 Professional Li
ability (Errors and Omissions): Insurance appropriate to Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
82595.00018\40153964.3

6 4.6 Other Insurance Provisions . Unless otherwise specified below, all insurance policies are to contain, or be endorsed to contain, the following provisions:

4.6.1 Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability a rising out of work or operations performed by or on behal f of Contractor including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used).

This requirement shall only apply to the CGL and Automobile Liability Insurance policies specified above.

4.6.2 Primary Coverage. For any claims related to this contract, Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Contractor’s insurance and shall not contribute with it. This requirement shall only apply to the CGL and Automobile Liability Insurance policies specified above.

4.6.3 Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

4.6.4 Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. This requirement shall only ap ply to the CGL, Automobile Liability and Workers’ Compensation/Employer’s Liability Insurance policies specified above.

4.6.5 Deductibles and Self -Insured Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City. The City may require Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administr ation, and defense expenses within the retention.

4.6.6 Claims made policies . If any of th e required policies provide claims-made coverage:

4.6.6.1 The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

4.6.6.2 Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 82595.00018\40153964.3

7 4.6.6.3 If coverage is canceled or non- renewed, and not replaced with another claims -made policy form with a Retroactive Date pr ior to the contr act effective date, Contractor must purchase “extended reporting” cov erage for a minimum of five (5) years after completion of contract work.

4.7 Certificate of Insurance and Endorsements. Contractor shall furnish the City with original certifi cates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

4.8 S
ubcontractors . Contractor shall include all subcontractors as ins ured under its polic ies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming additional insureds.

4.9 H
igher Limits. If Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

4.10 S
pecial Risks or Circumstances . City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.

4.11 R emedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise, any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or,
 Terminate this Agreement.

SECTION 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. 82595.00018\40153964.3

8 5.1 To the fullest extent permitted by law, Contractor shall defend (with counsel reasonably acceptable to City), indemnify and hold the City , its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful deat h, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, Contractor s or agents in connection wi th the performance of the Services, the Program or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Contractor 's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor , the City, its officials, officers, employees, agents, or volunteers.

5.1.1 Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.

5.2 By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.

SECTION 6. STATUS OF CONTRACTOR.

6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City.

City shall have the right to control Contractor only insofar as the results of Contractor 's services rendered pursuant to this Agreement and assignment of personnel pursuant to Section 1.3; however, otherwise City shall not have the right to control the manner or means by which Contractor accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the cont rary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including, but not limited to, eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution t o be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 C
ontractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

SECTION 7. L
EGAL REQUIREMENTS.
82595.00018\40153964.3
9 7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Complian ce with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the Services.

7.3 Other Governmental Regulations. T o the extent that this Agreement may be funded by fiscal assistance from another govern mental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to Cit y that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions.

In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.

7.5 Nondiscrimination and Equal Opportunity.

Contractor shall not
discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, sexual orientation or any other legally protected status, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.

Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any Services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby.

Contractor s
hall include the provisions of this Section in any subcontract approved by the Contract Administrator or this Agreement.

7.6 C alifornia Labor Code Requirements . Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its o fficials, officers, employees and agents free and harmless from any c laims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with 82595.00018\40153964.3
10 all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

If the services are being performed as part of an applicable “pu blic works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the ful l term of this Agreement and require the same of any subconsultants, as applicable.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

7.7 F
ederal Requirem ents. Coronavir us Local Fiscal Recovery Funds (“CLFRF”) may be used to fund all or a portion of this Agreement. Contractor shall comply with all federal requirements including, but not limited to, the following:
(a) S ections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021, U.S. Department of the Treasury Coronarivrus Local Fiscal Recovery Fund Award Terms and Conditions, Treasury’s Final Rule, and CLFRF reporting requirements, as appilcable (collectively , the “CLFRF Compliance Requirements”). The CLFRF Compliance Requirements are expressly incorporated herein by reference.
(b) C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference.
82595.00018\40153964.3
11 (c) Federal Contract Provisions attached hereto as Exhibit C and incorporated herein by reference.

Subcontracts, if any, shall contain a provis i on making them subject to all applicable provisions of this Agreement, including but not limited to, CLFRF Compliance Requirements, 2 C.F.R. Part 200, and the Federal Contract Provisions.

With respect to any conflict between such federal requirements and the terms herein and/or the provisions of state law and except as otherwise required under feder al law or regulation, the more stringent requirement shall control.

SECTION 8. T ERMINATION AND MODIFICATION.

8.1 Termination; Suspension.

8.1.1 City may cancel this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor.

Contractor may cancel this Agreement for cause upon thirty (30) days’ wr itten notice to City and shall include in such notice the reasons for cancellation. In addition, Contractor may cancel this Agreement without cause upon one hundred twenty (120) days’ written notification to City.

In the event of termination, Contractor shall be entitled to compensation for Services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement.

8.1.2 City shall may temporarily suspend this Agreement and the Services contemplated herein, wholly or in part, for such reasonabl e period as it deems necessary. Contractor will be paid for satisfactory Services performed prior to the date of suspension. During the period of suspension, Contractor shall not receive any payment for services or expenses incurred by Contractor by reason of such suspension.

8.2 E xtension. City may, in their sole and exclusive discretion, extend the end date of the term of this Agreement beyond that provided for in S ection 1.1. Any such e xtension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond th e maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
82595.00018\40153964.3
12 8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agr eement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival.

All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.

8.6 Options upon Breach by Contractor . If C ontractor materially breaches any of the terms of this Agreement, City’ remedies shall include, but not be limited to, the following:

8.6.1 I
mmediately terminate the Agreement;

8.6.2 Temporarily withhold payments or suspend performance pending correction of deficiencies by the Con tractor, or more severe enforcement action, as warranted.

8.6.3 R etain a different Contractor to complete the work described in Exhibit A not finished by Contractor in which case the City may charge Contractor the difference between the cost to have a differ ent Contractor complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work.

SECTION 9. KEE PING AND STATUS OF RECORDS.

9.1 Records Created as Part of Contractor ’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, drawings, records, files, or any other documents or materials, in electronic or any other form, that Co ntractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understoo d and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.

9.2 Confidentiality
. All information, reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor 82595.00018\40153964.3

13 prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be kept confidential by Contractor . Such materials and information shall not, without the prior written permission of City, be used by Contractor for any purpose other than the performance of this Agreement nor shall such information or materials be disclosed publicly. Contractor shall exercise the same standard of care to protect such information as a reasonably prudent contractor would use to protect its own proprietary data. Nothing furnished to Contractor which is generally known, shall be deemed confidential. Contractor shall not use the City’s name or logo or photographs pertaining to t he Services under this Agreement in any publication without the prior written consent of the City.

9.3 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for Services or expenditures and disbursements charged to the City under this Agreement , in accordance with generally accepted accounting principles (GAAP), procedures, and regulations, for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Contractor.

9.4 I
nspection and Audit of Records. Any records or documents that Section 9.3 of this Agreement requires Contractor to maintain shall be made available for inspect ion, audit, and/ or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.

9.5 I
ntellectual Property. The City sha ll have and retain all right, title and interest, including copyright, patent, trade secret or other proprietary rights in all plans, specifications, studies, drawings, estimates, materials, data, computer programs or software and source code, enhancements, documents and any other works of authorship fixed in any tangible medium or expression, including but not limited to physical drawings or other data magnetically or otherwise recorded on computer media (“Intellectual Property”) prepared or developed by or on behalf of C ontractor under this Agreement. Contractor further grants to City a non -exclusive and perpetual license to copy, use, modify or sub- license any and all Intellectual Property otherwise owned by Contractor which is the basis or foundation for any derivative, collective, insurrectional or supplemental work created under this Agreement.

SECTION 10. P
rogram Monitoring and Evaluation.

Contractor shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of this A greement and the effective and efficient achievement of Program objectives. Contractor shall undertake continuous quantitative and qualitative evaluation of the Scope of Services and populations served, and shall make written monthly reports, to be submit ted with each invoice, and a final cumulative 82595.00018\40153964.3

14 report to City as further detailed in E xhibit A. Reports shall be on forms provided by or approved by the City. Contractor shall submit monthly reports, to be submitted with each invoice, and a final cumulative report, substantiating that the Program is operating in compliance with all the requirements of this Agreement. In the event financial or reporting issues are identified by the City or through a compliance review by the City, Contractor may b e required to reimburse the City for funds that were expended on ineligible activities.

SECTION 11. E xecutive Order 13166 – Limited English Proficiency The Limited English Proficiency (LEP) Guidelines, based upon Title VI of the Civil Rights Act of 1964 (24 CFR 1.4, Executive Order 13166) requires recipients of federal funding to provide language translation or interpreter services to its clients and potential clients who are limited in English proficiency.

A person with Limited English Proficiency (LEP) is a person who does not speak English as their primary language and who has a limited ability to read, write, speak, or understand English. Affirmative steps must be taken to communicate with people who need services or information in a language other than English. A policy must be developed to serve applicants, participants, and persons eligible for housing assi stance and support services.

Contractor must analyze the various kinds of contacts it has with the public to assess language needs and decide what reasonable steps should be taken. In order to determine the level of access needed by LEP persons, the follow ing four factors must be balanced:

1. The number or proportion of LEP persons eligible to be served or likely to be applying for Program services;

2. The frequency with which LEP persons utilize these programs and services;

3. The nature and importance of the Program, activity, or service provided; and

4. The benefits from providing LEP services and the resources available and costs to the Contractor for those services.

Balance these f our factors will ensure meaningful access by LEP persons to critical services while not imposing undue burdens on the Contractor. Contractor shall develop and implement a LEP policy consistent with the above guidelines and provide the City with copies of its LEP policy.

SECTION 12. M ISCELLANEOUS PROVISIONS.

12.1 Protocols; Incident Response . The Services s hall be performed in compliance with all protocols provided to Contractor by the City, or developed pursuant to this Agreement and approved by the City. In addition to all other requirements for the Services contained in Exhibit A , Contractor shall have written plans or protocols and 82595.00018\40153964.3
15 provide employee training for addressing incidents involving violence or threat of violence; loss, theft or unlawful accessing of confidential information; f raud or waste of Agreement funds; and unethical conduct. Contractor shall report all such incidents to the City within one business day of their occurrence, unless a shorter period is otherwise required by the City.

12.2 A ddressing Community Concerns. To the extent permitted by law, Contractor shall notify the City of any material complaints regarding the Services, received orally or in writing, and shall take appropriate steps to acknowledge receipt of any such complaint(s). Contractor shall report all such complaints to the City within one business day of receipt.

12.3 Venue. In
the event either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Contra Costa or in the United States District Court for the Northern District of California.

12.4 Severability. I f a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the prov isions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

12.5 No Implie d
Waiver of Breach . The waiver of any breach of a specific provision of this Agreeme nt does not constitute a waiver of any other breach of that term or any other term of this Agreement.

12.6 Successors and Assigns. T he provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

12.7 Use of Recycled Products. C ontractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

12.8 Conflict of Interest. C
ontractor may serve other clients, but none whose
activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest, ” as that term i s defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Contractor s
hall not employ any official of City in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.

Contractor hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of t he City. If Con tractor was an employee, agent, appointee, or official of City in the previous twelve months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. 82595.00018\40153964.3
16 Contractor understands that, if this Agreement is made in violation of Government Code § 1090 et. seq., the entire Agreement is void a nd Contractor will not be entitled to any compensation for Services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to Contractor . Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

12.9 I nconsistent Terms. If the terms or provisions of this Agreement conflict with or are inconsistent with any term or provision of any Exhibit attached hereto, then the terms and provisions of this Agreement shall prevail.

12.10 Solicita
tion. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

12.11 Contract Administration. This Agreement shall be administered on behalf of the City by t he Office of the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

12.12 Notices. A ny written notice to Contractor shall be sent to:

Bay Area Community Services (BACS)
390 40th Street
Oakland, CA 94509
Any written notice to City shall be sent to:

Office of the City Manager
City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
Attn: City Attorney

12.13 C ontractor Representative. Contractor hereby designates [___INSERT NAME OR TITLE___] , or his or her designee, to act as its representative for the performance of this Agreement ("Contractor’s Representative"). Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 82595.00018\40153964.3

17 12.14 Integration. This Agreement, including all exhibits and other attachments, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.

[Signatures on following page]
82595.00018\40153964.3

18 SIGNATURE PAGE
TO

TRANSITIONAL HOUSING PROGRAM SERVICES AGREEMENT

BETWEEN

THE CITY OF ANTIOCH AND
BAY AREA COMMUNITY SERVICES, INC.

CITY: CONTRACTOR:

CITY OF ANTIOCH BAY AREA COMMUNITY SERVICES, INC.

____________________________
Cornelius Johnson, Interim City Manager
By:___________________________

Name:________________________
Title:__________________________
Attest:

____________________________
Elizabeth Householder, City Clerk By:___________________________ _
Name:________________________
Title:_________________________

Approved as to Form:
____________________________
Thomas Lloyd Smith, City Attorney

[Two signatures are required for a corporation or one signature with the corporate bylaws indicating that one person can sign on behalf of the corporation] 82595.00018\40153964.3
Exhibit A

E

XHIBIT A

SCOPE OF SERVICES
S
cope of Services - Provider Services Non-Congregate Bridge Housing The term “Service Provider”, as used in this Scope of Ser vices, shall have the same meaning as “Contractor”. The term “NCBH”, as used in this Scope of Services, s hall have the same meaning as “Program”.

A. O
verview and Purpose
Bay Area Community Services (B ACS) will be responsible for operating a Non - Congregate Bridge Housing (NCBH) program located at the Executive Inn at 515 E ast 18th Street. The NCBH will provide temporary housing and supportive services to Antioch residents who are experiencing unsheltered homelessness. The goals of the NCBH are to provide participants with a safe place to stay; connect participants with community, mainstream, and personal resources based on indi vidual need; and assist participants in transitioning to more stable or permanent housing. The NCBH Program will be overseen by the City of Antioch, in alignment and coordination with Contra Costa County’s homelessness response system, including Coordinated Entry.

B. T
arget Population, Referral Process and Program Eligibility The target population t o be served by the NCBH is people experiencing unsheltered homelessness in the City of Antioch – defined as living outdoors, in an encampment, in a vehicle or other places not meant for human habitation.

P
articipants must be 18 years of age or older or a legally emanci pated minor. No children under age 18 may be enrolled in the program. The program may serve households consisting of one or two adults.

T
he City of Antioch will work collaboratively with BACS and the Contra Costa Count y Health, Housing and Homelessness Division (H3) to develop a set of criteria and process for referring participants to the NCBH. The City shall have final approval ov er any referrals.

BAC
S may establish reasonable program eligibilit y and screening criteria to ensure safety of program participants but shall not impose unnecessary barriers to entry.

BACS must have capacity and expertise to serve households who have significant challenges, including alcohol or substance use issues, men tal and physical health challenges, prior involvement with the criminal justice system, or other barriers to securing shelter or housing.

C. F
acility Management and Program Operations
The City of Antioch is leasing the Executive Inn from the motel owner as the site for the NCBH. This section describes the respective responsibilities of the motel owner and service provider in relation to facility management and program operations. 82595.00018\40153964.3
Exhibit A

Responsibilities of Motel Owner

1. Maintain the building in accordance with all applicable City and State building, health and safety codes

2. Conduct repairs as requested by the City and/or Service Provider (including to the building structure, common areas, and individual rooms)

3. Respond promptly to emergency maintenance requests

4. Provide utilities (including electricity, gas, water, sewer, and trash disposal)

5. Ensure HVAC systems comply with code and are fully functional; repairing as needed

6. Provide pest control services

7. Provide regular landscape maintenance

8. Maintain vending machines and laundry machines

1. Provide linens and towels for each room.

2. Wash towels and sheets weekly, provide clean linens to rooms weekly, provide supplies as needed

3. Clean rooms when participants move out

4. Maintain needed monthly subscriptions (e.g., wifi)

5. Provide room furnishings for each room (including bed, side table, desk, chair, lamp, mini-fridge and microwave.

6. Provide parking spaces sufficient for all motel guests, as well as for S ervice Provider staff

7. Provide Service Provider with:
a. 24/7 full access to the building – including 30 rooms, front desk, and the common areas.
b. Keys to all rooms

8. Prepare cost estimate and claim to be submitted to City of Antioch for any damage to units, including accounting for costs that will be covered by the owner's insurance.

City Rights Under Lease Terms

1. Permit program participants to:
a. Access the site and their room in accordance with access policies established by the Service Provider
b. Access common areas of the motel
c. Bring pets into the motel (in accordance with policie s established by the City and Service Provider)
d. Bring possessions into the motel in accordance with policies established by the Service Provider
Responsibilities of BACS
BACS shall have the following res ponsibilities in relation to operation of the facility and the NCBH program:

1. Operate and manage a NCBH program for up to 45 adults at a time

2. Provide 24/7 onsite staffing to ensure service and supports are available to participants at all hours. Staffing to include a minimum of 7.0 Residential Counselors who will cover evening and night shifts and be available to respond 82595.00018\40153964.3
Exhibit A

to safety and security issues. (See Section D for details regarding Supportive Services to be provided).

3. Establish and implement entry/exi t protocols for participants; provide services staffing to manage access to the building through the security fencing in accordance with established procedures.

4. Establish and implement a policy regarding guests, including when participants may have guests, how many, etc.

5. Staff front desk, respond to participant questions and concerns, conduct hourly rounds and wellness checks

6. Provide keys to participants, establish and implement policy regarding lost keys

7. Provide participants with any needed toiletries or household items

8. Establish and implement policy relating to participant and staff parking (i.e., any limitations on number of vehicles, whether vehicles must be in working order, etc.)

9. Establish and implement policy re: participant access to laundry facilities; provide needed laundry supplies (detergent, etc.)

10. Establish and implement policy and procedures for participants and program staff to submit maintenance requests to owner or designated vendor

11. Serve as point of contact for participants; receive and triage request s and then relay requests to motel owner or their designated maintenance vendor as needed

12. Establish and implement policy on intake protocols relating to guest possessions (e.g., heat treatment, laundry) and working with participants to address infestations.

13. Establish and implement policy re: participant responsibility for cleaning and maintaining their living space

14. Work collaboratively with the City of Antioch and H3 to establish eligibility criteria, screening protocol, referral process, and policy regarding admission or denial of referrals (including any role for City, CORE or other entities in making admission determinations)

15. Establish and implement policy on participant access to common areas (ti mes, any areas off limits, etc.)

16. Address participants bringing pets into the program by e stablishing and implementing written policy on pets, including any limits on quantity, size, type of pets and pet behavior.

17. Manage on- site storage of belongings, including in participant rooms and in outside storage container, including establishing policy on amount of belongings , access to storage unit, etc.

18. Provide participants with one meal per day.

19. Identify a point of contact for neighbors and community stakeholders and convene meeting with neighbors and stakeholders as needed to respond to questions and address concerns relating to the NCBH Program.

D. S
upport Services
BACS will provide supportive services for participants in the NCBH, with a focus on services that promote households obtaining and retaining permanent housing. 82595.00018\40153964.3
Exhibit A

1. Provide a minimum of 10.0 FTE direct on- site services staff, including 1.0 Program Supervisor; 2.0 Care Coordinators, and 7.0 Residential Counselors.

2. Directly provide the following on-site services:
a. Housing- focused case manage ment – including developing a housing plan, document readiness for housing application process, housing search assistance, linkages to Coordinated Entry and other housing resources available through H3.
b. Support with obtaining income, including access to public benefits c. Support with accessing County services and community resources for financial or supportive service assistance.
d. Manage pool of flexible funding/rental assistance to help participants secure housing placements upon exit.

3. Provide connections and linkages to:
a. Health and behavioral health services
b. Substance use recovery support
c. Employment and training services
d. Transportation assistance
e. Veterinary care for participant pets
f. Other community-based services as needed by participants

4. Respond to crises and provide de- escalation services; call for emergency support from 911 or other City first responders as needed.

5. Establish and maintain structures for program participants to provide input on program operations, policies, and services, and on quality improvement strategies.

6. Provide strategic guidance to City staff and periodic updates to a successor standing committee to the Transitional Housing Ad Hoc Committ ee and City Council.

7. Attend public and community meetings as needed.

E. Standards of Care
BACS shall comply with the following general standards for service delivery:

1. Implement Housing First principles and practices, inc luding low barriers to program entry and pr ogram rules designed to m inimize involuntary client terminations.

2. Offer voluntary services ; use motivational interviewing and trauma-i nformed strategies to engage participants in the services offered through the program .

3. Adopt fair, transparent, and accessible program policies.

4. Offer services that are person-c entered and individualized to meet the needs of each client.

5. Support client choice and self-determination.

F. Service and Outcome Objectives
The program shall:

1. Maintain a daily occupancy of no less than 30 and no mor e than 45 individuals.

2. Serve a minimum of 90 individuals annually.
82595.00018\40153964.3
Exhibit A

3. Maintain an average length of stay of 180 days or less.

4. Assist 70% of participants to exit to permanent or stable housing annually.

G. D
ata Collection and Reporting Requirements
The Service Provider is responsible for:

1. Data entry into the Homeless Management Information System (HMIS) for all participants in the program and for services provided. The Service Prov ider shall stay up to date on HMIS data quality and other requirements, attend HMIS - related trainings as required by H3 or the City, and adhere to all expectations and requirements outlined in the Contra Costa County Continuum of Care’s HMI S Governance Charter and HMIS Policies and Procedures, attached as Attachment 1 to this Exhibit A and incorporated herein by reference.

2. Prepare monthly reports as required by CoA, including reporting on service and outcome measures.

3. Preparing reports as required by any other funders of the NCBH program. 82595.00018\40153964.3
Exhibit A

ATTACHMENT 1 TO EXHIBIT A
Contra Costa County Continuum of Care’s
HMIS Governance Charter and HMIS Policies and
Procedures

CONTRA COSTA COUNTY CONTINUUM OF CARE

HOMELESS MANAGEMENT INFORMATION SYSTEM
(HMIS)

HMIS GOVERNANCE CHARTER AND HMIS POLICIES & PROCEDURES
Adopted by Contra Costa Council on Homelessness – 05/06/2021 Contra Costa HMIS Project Staff
2400 Bisso Ln., Suite D2
Concord, CA 94520
ATTACHMENT 1 TO EXHIBIT A
Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

Revision History
Date Author Description
03/21/2006 Evan Smith Changes to reflect edits made at
the 02/2006 COCB HMIS
Meeting
04/21/2006 Evan Smith Changes to reflect edits made at
the 03/2006 COCB HMIS
Meeting
05/22/2006 Evan Smith Changes to reflect edits made at
the 04/2006 COCB HMIS
Meeting
06/4/2009 Kim Baello Added “24 hours or 1 business
day” under 5.3 Policies
12/11/2014 HMIS Policy Committee Changes to reflect edits made at 02 – 09/2014 HMIS Policy
Committee meetings
6/18/2018 Kimberly Thai Name change for County
Homeless division, Change of
address for County Homeless
division, Updated software
vendor to Bitfocus Inc.
05/06/2021 HMIS Policy Committee Changes to reflect edits approved by the HMIS Policy
Committee during 04/2021
meeting
Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

TABLE OF CONTENTS
I. OVERVIEW 4
A. PURPOSE OF HMIS 4
B. HMIS OVERSIGHT & SUPPORT 5
C. HMIS BENEFITS & UTILITY 5
D. KEY TERMS 6
II. PART ONE: HMIS GOVERNANCE CHARTER 7
A. ARTICLE 1: PURPOSE 7
B. ARTICLE 2: CONTRA COSTA CONTINUUM OF CARE RESPONSIBILITIES 7 C. ARTICLE 3: DESIGNATIONS 7
D. ARTICLE 4: RESPONSIBILITIES OF THE HMIS LEAD 8
E. ARTICLE 5: RESPONSIBILITIES OF THE HMIS POLICY COMMITTEE 8 F. ARTICLE 6: RESPONSIBILITIES OF PARTNER AGENCIES 8
III. PART TWO: HMIS POLICIES AND PROCEDURES 9
A. PURPOSE 9
B. GOVERNING PRINCIPLES 9
C. ROLES AND RESPONSIBILITIES 10

1. Contra Costa CoC 10

2. HMIS Lead Agency 10

3. HMIS Policy Committee 14

4. Partner Agencies (PA) 14
D. USE OF HMIS COMPONENT GRANT FUNDS 16
E. OPERATING POLICIES AND PROCEDURES 17

1. HMIS Participation 17

2. End User Authorization & Passwords 18

3. Collection and Entry of Client Data 20

4. Release and Disclosure of Client Data 22

5. Client Complaint 23

6. Data Quality 24

7. Aggregate Data Access 25

8. Proprietary Rights & Abuse 25

9. Workstation Security 25

10. Training 26

11. Technical Support 27

12. Changes to this and other Documents 27
IV. APPENDIX A: HMIS DATA SECURITY PLAN 29
V. APPENDIX B: HMIS DATA QUALITY & MONITORING PLAN 33
VI. APPENDIX C: HMIS CLIENT DATA & PRIVACY PLAN 37
VII. APPENDIX D: HMIS PRIVACY NOTICE 43
VIII. APPENDIX E: SUPPORTING FORMS AND DOCUMENTS 48

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

I. Overview

This document provides the framework for the ongoing operations of the Contra Costa County Homeless Management Information System (CONTRA COSTA HMIS). The document is organized into two main parts.

Part One contains the HMIS Governance Charter, which outlines how HMIS will be managed and the responsible parties. The Governance Charter establishes the relationship between the Contra Costa County Continuum of Care (the Continuum or CoC) and Contra Costa County Health, Housing and Homeless Services division (H3) as both the Collaborative Applicant and the HMIS Lead Agency for the operation and oversight of HMIS.

Part Two consists of the HMIS Policies and Procedures, which provide specific policies and steps necessary to control the operational environment and enforce compliance in the areas of:

HMIS Participation
User Authorization
Collection of Client Data
Release of Client Data
Server Security and Availability
Data Quality
Workstation Security
Training
Technical Support

A. Purpose of HMIS

The purpose and mission of the Homeless Management Information System of the Contra Costa County Continuum of Care is to serve as a central database to collect, track, analyze and report uniform client and activity data regarding the provision of shelter, housing, and services to individuals and families experiencing homelessness and at risk of homelessness within the Contra Costa CoC region.

The long-term vision of HMIS is to enhance Partner Agencies’ collaboration, service delivery and data collection capabilities. Accurate information will put The Continuum in a better position to request funding from various sources and improve planning efforts for future needs for the Contra Costa homeless system of care through evidence-based decision making.

A fundamental goal of CONTRA COSTA HMIS is to understand the trajectory of how clients are moving through the homeless system of care from access and enrollment to referral and housing. Data regarding clients’ trajectory through the system can help identify patterns in utilization of services, effectiveness of services, and inform any gaps or process improvement points in the system. In addition, HMIS also documents the demographics of homelessness in Contra Costa County according to the U.S. Department of Housing and Urban Development (HUD) HMIS Standards. Demographic data is important in identifying the trends in the population of individuals and families experiencing homelessness to ensure individuals of different racial and ethnic backgrounds, age, gender, household size, and other subpopulations have access to and receive services within the CoC in a fair and equitable manner.

Data that is gathered in HMIS will be used to complete required local, state, and federal reporting requirements, including HUD Annual Progress Reports. HMIS data may also be analyzed to provide unduplicated counts and anonymous aggregate data to funders, policy makers, service providers, advocates, and clients and the public upon request.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

HMIS utilizes a web-enabled application residing on a central server to facilitate data collection by homeless service organizations across the county. Access to the central server is limited to agencies formally participating in the project and then only to authorized staff members who meet the necessary training and security requirements.

B. HMIS Oversight & Support

The CONTRA COSTA HMIS is staffed and advised by the Contra Costa County Health, Housing, and Homeless Services division (H3), which acts as the HMIS Lead Agency. The HMIS System Administrator is the keeper for all agreements made between Partner Agencies and H3. Bitfocus, Inc. is responsible for the administration of the central server and administration of their software Clarity Human Services. H3 Staff will also provide technology, training and technical assistance to users of the system throughout the county.

The Contra Costa CoC Lead Agency, H3, is also responsible for oversight and direction of the CONTRA COSTA HMIS pursuant to the Contra Costa Council on Homelessness Governance Charter and HMIS Governance Charter.

The HMIS Policy Committee is responsible for oversight and guidance of the CONTRA COSTA HMIS. This group is committed to balancing the interests and needs of all stakeholders involved: individuals and households experiencing homelessness, including all children and adults; service providers; funders; policy makers, and system partners.

C. HMIS Benefits & Utility

Potential benefits for clients, service providers, and the system: Service coordination and delivery can be improved when information is shared among homeless service provider staff within one agency or with staff in other agencies (with client consent) who are serving the same clients.

Potential benefits for agencies and program managers: Aggregate information can be used to develop a more complete understanding of clients’ needs and outcomes, and then used to advocate for additional resources, complete grant applications, conduct compliance and performance evaluations of agencies and program services, and/or report to funding agencies such as HUD and the State of California.

Potential benefits for the Continuum of Care and decision makers: County-wide involvement in the project provides the capacity to generate HUD Annual Progress Reports for the CoC, allows access to aggregate information both at the local and regional level that will assist in identification of gaps in services and for continuous quality improvement, as well as the delivery of other service reports used to inform policy and funding decisions aimed at addressing and ending homelessness in the County.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

D. Key Terms
● Client or Consumer– person or persons experiencing or at-risk of homelessness that engage with the Contra Costa CoC to receive services.
● Confidential Data – data that includes personal identifying information (see below) ● HMIS – Homeless Management Information System - an internet-based database that is used by homeless service organizations across the Contra Costa CoC to record and store client-level information about the numbers, characteristics, needs, and service utilization of homeless persons and those at-risk of homelessness and must adhere to HUD Technical and Data Standards ● Personal Identifying Information (PII) - data that identifies, either directly or indirectly, a specific individual; or can be manipulated by a reasonably foreseeable method to identify a specific individual; or can be linked with other available information to identify a specific individual ● End User – a Partner Agency staff member that is permitted to access and enter data into HMIS and must adhere to minimum training and security standards and the HMIS Policies and Procedures ● HMIS Vendor – the Contra Costa HMIS Vendor is Bitfocus, the entity that administers the central server of their HMIS software, Clarity Human Services
● Minimum Data Entry Standards – a minimum set of questions that must be completed for each client to provide data for use in aggregate analysis
● HMIS Partner Agency (Partner Agency) – a homeless service organization that uses HMIS in accordance with the Partner Agency HMIS MOU; the Partner Agency User Agreement and Partner Agency HMIS Administrator Agreement; and the HMIS Policies and Procedures herein ● Partner Agency HMIS Agency Administrator (Agency Administrator or AA) – staff at the Partner Agency responsible for serving as a liaison between the HMIS Lead and the Partner Agency. The Agency Administrator is responsible for providing first-tier technical support to End Users and ensuring that HMIS Policies and Procedures are complied with at the agency level. ● Partner Agency HMIS MOU - the Memorandum of Understanding Between Contra Costa County Health, Housing, and Homeless Services and a Partner Agency which includes the terms that the Partner Agency must adhere to maintain access and continue to be an active participant in HMIS ● HMIS System Administrator – staff at H3 who are responsible for overseeing HMIS users and ensuring compliance with the HMIS Policies and Procedures
Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

II. Part One: HMIS Governance Charter
HMIS Governance Charter
A. Article 1: Purpose
The purpose of the HMIS Governance Charter (Governance Charter) is to establish the governance structure for the operation of Contra Costa HMIS. The Governance Charter articulates the decision-making process and formalizes the roles and responsibilities of the parties and entities involved in the management and operation of HMIS. Any roles and responsibilities identified in this Governance Charter are also subject to any Memorandum of Understanding documents between the either of the parties herein.

B. Article 2: Contra Costa Continuum of Care Responsibilities The Contra Costa Continuum of Care is a community-based collaborative that oversees homeless system planning and coordination, including HMIS implementation in Contra Costa County. The Continuum includes community members, housing and services providers, a governing body (Council on Homelessness), and an administrative entity and staff (Contra Costa Health, Housing and Homeless Services Division (H3)). H3 acts as the CoC Lead Agency and Collaborative Applicant on behalf of the CoC. The Continuum has the following HMIS-related responsibilities:

HUD Responsibilities:
● HMIS Lead Agency: The CoC is responsible for the selection of the HMIS Lead. ● Designating HMIS: The CoC is responsible for designating a single information system as the official HMIS software for the geographic area.
● Reviewing and Approving Policies and Plans: The CoC is responsible for reviewing, revising, and approving an HMIS privacy plan, security plan, data quality plan, and other policies and plans required by federal regulation.
● HMIS Participation: The CoC is responsible for ensuring consistent participation of recipients and subrecipients in the HMIS.
● HMIS Compliance: The CoC is responsible for ensuring that the HMIS is administered in compliance with requirements prescribed by HUD.

In addition to the HUD-mandated responsibilities, the CoC Lead is responsible for conducting oversight and monitoring of the HMIS Lead to ensure compliance with HUD HMIS standards and alignment with local needs and CoC goals. For a full description of the roles and responsibilities of the CoC Lead Agency, refer to Section C.1 of the HMIS Policies and Procedures herein.

C. Article 3: Designations
HMIS Software
The CoC designates Clarity Human Services to serve as its HMIS. Clarity Human Services is a software product of Bitfocus, Inc., and will hereafter be referred to as the Clarity System.

HMIS Lead Agency
The CoC designates H3 as the HMIS Lead Agency for the Contra Costa HMIS.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

D. Article 4: Responsibilities of the HMIS Lead
H3, as the HMIS Lead Agency, is responsible for the day-to-day management of HMIS, including monitoring Partner Agencies for compliance with HMIS policies and data quality, privacy, and security plans. The HMIS Lead Agency provides technical support and training to ensure compliance with local and federal policies and regulations.

In addition, the HMIS Lead agency is responsible for authorizing/completing mandatory reporting to HUD. The HMIS Lead Agency develops plans, policies and procedures on behalf of the CoC, which are reviewed and approved by the CoC Lead, the HMIS Policy Committee, and the Council on Homelessness. For a full description of the roles and responsibilities of the HMIS Lead, refer to Section C.2 of the HMIS Policies and Procedures herein.

E. Article 5: Responsibilities of the HMIS Policy Committee The HMIS Policy Committee of the CoC is responsible for reviewing and approving HMIS related policies, conducting an annual review of the HMIS Governance Charter in partnership with the HMIS Lead and the CoC Lead, and providing direction and guidance on HMIS policies on an ongoing basis. For a full description of the roles and responsibilities of the HMIS Policy Committee, please see Section C.3 of the HMIS Policies and Procedures herein.

F. Article 6: Responsibilities of Partner Agencies
Partner Agencies are homeless service providers in Contra Costa County that have agreed to be an active contributor to the CONTRA COSTA HMIS. Partner Agencies must sign a Memorandum of Understanding between H3 and the Partner Agency (Partner Agency HMIS MOU). Partner Agencies are responsible for designating a staff person to oversee the HMIS activities of users within the agency and serve as a liaison with the HMIS Lead (hereinafter referred to as the Partner Agency HMIS Agency Administrator or Agency Administrator). Partner Agencies must develop internal policies and procedures to ensure its staff complies with the HMIS policies, procedures, governance charter, or other related HMIS agreements. Partner Agencies must hold client information in HMIS in strict confidence and adhere to all confidentiality policies related to client data. For a full description of the roles and responsibilities of Partner Agencies, please see Section C.4 of the HMIS Policies and Procedures herein.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

III. Part Two: HMIS Policies and Procedures

HMIS Policies and Procedures
A. Purpose

The HMIS Policies and Procedures (Policies and Procedures) provides policies, procedures, and guidelines that govern HMIS operations, as well as responsibilities for Partner Agencies and End Users.

B. Governing Principles

Described below are the overall governing principles upon which all other decisions pertaining to the CONTRA COSTA HMIS are based.

Participants are expected to read, understand, and adhere to the spirit of these principles, even when the Policies and Procedures do not provide specific direction.

Confidentiality

The rights and privileges of clients are crucial to the success of HMIS. These policies will ensure clients’ privacy without impacting the delivery of services, which are the primary focus of agency programs participating in this project.

Policies regarding client data will be founded on the premise that a client owns his/her own personal information and will provide the necessary safeguards to protect client, agency, and policy-level interests. Collection, access and disclosure of client data through HMIS will only be permitted by the procedures set forth in this document.

Data Integrity

Client data is the most valuable and sensitive asset of the CONTRA COSTA HMIS. These policies will ensure integrity and protect this asset from accidental or intentional unauthorized modification, destruction or disclosure.

System Availability

The availability of a centralized data repository is necessary to achieve countywide aggregation of unduplicated homeless statistics. The System Administrator is responsible for ensuring the broadest deployment and availability for homeless service agencies in Contra Costa County.

Compliance

Compliance with these Policies and Procedures is mandatory for participation in the CONTRA COSTA HMIS system. Violation of the policies and procedures set forth in this document will have serious consequences. Any deliberate or unintentional action resulting in a breach of confidentiality or loss of data integrity will result in the withdrawal of system access for the offending entity. Using the Clarity Human Services software, all changes to client data are recorded and will be periodically and randomly audited for compliance.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

C. Roles and Responsibilities

1. Contra Costa CoC
H3 as the CoC Lead Agency for the Contra CoC is responsible for:

 Designations:
o Designating the HMIS Lead Agency: The Research, Evaluation, and Data (RED) team at H3 has been designated as the HMIS Lead Agency
o Designating a single information system as the official HMIS software for the geographic area:

Clarity Human Services has been designated as the official HMIS software  Governance Charter:
o Executing an HMIS governance charter and regularly monitoring compliance with that charter  HMIS Policies and Plans:
o Reviewing, revising, and approving all HMIS policies, procedures, standards, and governance documents, HMIS privacy plan, security plan, data quality plan, as well as any updates to these policies or plans
o Along with HMIS Lead Agency, developing and enforcing community level data quality plan and standards
 HMIS Monitoring:
o Ensuring that HMIS is managed and administered in compliance with all applicable regulations, as well as CoC policies, protocols, and goals
o Ensuring consistent participation in HMIS and promoting participation in non-participating agencies
o Regularly monitoring agency and program participation and milestones and making reports available to CoC membership (along with HMIS Lead)
o Authorizing release of aggregate system-wide data on homelessness within the CoC for required reporting or counts (along with the HMIS Lead)
o Ensuring adherence by agency staff with HMIS data and system security protocols the CoC and HUD HMIS Data and Technical Standards (along with HMIS Lead and Partner Agencies)  HMIS Oversight:
o Overseeing guardianship of client data by ensuring appropriate policies, procedures, and standards are in place governing access, use and disclosure of records containing protected identifying information
o Supporting the HMIS Lead in providing regular training to Partner Agencies and End Users.

Trainings may include client confidentiality and privacy training, performance measurement training, business practices that support HMIS policies training, and program funding training o Supporting the HMIS Lead in ensuring that appropriate agreements are executed and enforced such as Agency Participation agreements, Data Sharing agreements, HMIS End-User agreements, and client consent agreements

2. HMIS Lead Agency
H3’s Research, Evaluation, and Data (RED) Team as the HMIS Lead Agency is responsible for:

 HMIS Operation and Maintenance:
o Day-to-day operations and maintenance of HMIS
Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

o Ensuring all software and supporting services are updated, patched and otherwise maintained o Serving as liaison to Clarity Human Services on behalf of the CoC and Partner Agencies o Overseeing software license administration, including adding and removing Partner Agency HMIS Administrators or End Users
 End User Training and Support:
o Providing initial and on-going HMIS training, support and technical assistance to all Partner Agencies. The Agency shall work with participating agencies serving homeless clients and assist them with the process of entering information into HMIS, and shall strive for real-time, or close to real-time data entry
o Regularly reviewing HMIS service requests, activities, deliverables, and resolutions o Managing and maintaining mechanisms for soliciting, and analyzing feedback from end users program managers, agency executive directors, and individuals experiencing homelessness  Monitoring and Reporting:
o Regularly monitoring agency and program participation and milestones and making reports available to CoC membership (along with CoC Lead)
o With cooperation from the Partner Agencies, completing any required aggregate data reporting and extraction on behalf of the CoC, including Annual Performance Reports (APRs), Annual Homeless Assessment Report (AHAR), Longitudinal Systemwide Analysis Report (LSA), and Annual Point-in-Time Counts (PIT)
 Compliance and Enforcement of HMIS Policies and Plans and MOU :
o Ensuring that all Partner Agencies comply with standards provided in this Policies and Procedures document, including those specifically provided in the Privacy, Security & Data Quality Plans by working with Partner Agency HMIS Administrators to ensure adherence by agency staff o Taking appropriate measures as a result of noncompliance by Partner Agency of these HMIS Policies and Procedures or the Memorandum of Understanding between H3 and Partner Agency, such as implementing a progressive corrective action plan or suspending Partner Agency’s access to HMIS until issue has been resolved
● Security:
o In addition to any duties and responsibilities included in the HMIS Security Plan, the HMIS Lead Agency shall be responsible for making all reasonable efforts to maintain and secure client records, HMIS, and supporting services.
o User Credentials: The HMIS Lead Agency shall assign and maintain user identification and passwords for all HMIS users and monitor and log use of anyone accessing client data. o Network Security: The HMIS Lead Agency shall take all reasonable efforts to ensure the security and integrity of the client database, including implementation and maintenance of appropriate firewalls, intrusion prevention systems (IPS), and other security measures as required in order to ensure the integrity of HMIS, including mobile security measures. The HMIS Lead Agency shall conduct regular audits of HMIS security and report any significant vulnerabilities to the CoC. ● Data Quality:
o In addition to any duties and responsibilities included in the HMIS Data Quality Plan, the HMIS Lead will be responsible for making all reasonable efforts to ensure the highest level of data quality possible, including developing and enforcing data quality plans and policies. o Universal Data Elements: The HMIS Lead shall ensure the HMIS is capable of managing the collection of each data variable and corresponding response category for each of the Universal Data Elements outlined in the HUD HMIS data and Technical Standards. o Program-Specific Data Elements: The HMIS Lead shall ensure the HMIS is capable of managing the collection of each data variable and corresponding response category for each of the Program-specific data elements as outlined in the HMIS Data and Technical Standards.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

o Unduplicated Client Records: The HMIS Lead shall ensure HMIS is capable of generating a summary of the number of unduplicated client records entered into HMIS. o Program Entry and Exit Dates: The HMIS Lead shall be responsible for ensuring the accurate entry of program entry and exit dates. Program entry and exit dates should be recorded upon any program entry or exit on all participants. Entry dates should reflect the first day of service in the program.Exit dates should recflect the last day of residence, or for non-residential programs, the last day a service was provided.
o Data Quality Reports:
▪ HMIS Lead Agency supports Partner Agency Administrators to regularly run data quality reports that indicate levels of data entry completion, consistency with program model, and timeliness as compared to the community data quality standards. ▪ The HMIS Lead Agency provides technical assistance and training in response to data quality reports.
▪ The HMIS Lead Agency may disseminate these data quality reports to the Council on Homelessness or HMIS Policy Committee for community planning and improvements ● HMIS Participation:
o The HMIS Lead maintains documentation of the number of participating agencies using HMIS, regularly reviews and monitors HMIS coverage rates of the CoC, and engages with non- participating agencies to address barriers to participating o The HMIS Lead Agency provides reports of participating agencies at least annually to the HMIS Policy Committee
o The HMIS Lead Agency ensures that appropriate agreements are executed and enforced such as Agency Participation agreements, Data Sharing agreements, HMIS End-User agreements, and client consent agreements
RED Team Roles and Responsibilities
Role Responsibilities
Research and
Evaluation
Manager
 Oversees HMIS development, processes, and deliverables  Conducts system level and program level data analysis and evaluation activities to determine impacts and inform effective practices
 Develops plans for improvement related to data collection, data analysis, and system/program evaluations
 Develops outcomes and indicators that will be used to monitor program performance.  Prepares analytic and statistical reports on operations and activities of the homeless continuum of care
 Plans, prioritizes, assigns, supervises, and reviews the work of staff responsible for developing and implementing program applications, program deliverables and/or health assessments
 Monitors performance and compliance with applicable specifications, rules, regulations and laws related to research projects; and ensures quality and timeliness of work performed
 Oversees and supports data collection practices and privacy and confidentiality across the CoC program
Planner/Evaluator
II
 Gathers, tabulates and analyzes HMIS data relative to client demographics, service provisions, and system effectiveness
 Conducts complex research and evaluation program studies that may have department- wide/system-wide implications
 Helps determine the type of evaluation needed or desired and employs the appropriate research design
Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

 Conducts outcome evaluations to measure client changes and process evaluations and/or management audits of issues involving policies, procedures, work-flow and regulatory compliance
 Develops and revises forms and questionnaires for gathering data and chooses statistical method for displaying results
 Reviews collected data, interprets findings and makes conclusions and recommendations based thereon
 Assess resources available to address and identify problems and barriers to achieving objectives
HMIS System
Administrator
 Facilitates strategic planning around the HMIS. Determine rollout strategy and prioritization among agencies within continuum
 Establishes policy and procedures around data use and data dissemination and reviews these policies and procedures annually
 Reviews and monitors adherence to established policies and ensure security, confidentiality and quality of information within or exported system  Manages the ongoing implementation and usage of the HMIS system on behalf of the Continuum of Care
 Coordinates training and ongoing support with each agency, to ensure users are properly trained. Perform data analysis and reporting as required by each agency.  Resolves local technical issues within the continuum and facilitate problem resolution with any agency experiencing difficulties with software or system  Serves as single point of contact between the Continuum of Care and the HMIS vendor  Oversees submission of HMIS federal reports (PIT, HIC, SPM, LSA)  Create user manuals, technical documentation, and data collection and migration tools  Responsible for recordkeeping of Partner Agency HMIS MOUs and data sharing agreements
HMIS Data
Analysts
 Generates and build reports and dashboards using HMIS reporting tools. Use statistical methods to analyze HMIS program-level and system wide data to track client and service outcomes
 Identify and recommend new ways to streamline program operations and processes using data
 Work with partner agencies to outline specific data needs and translate to useful reports  Provide administrative support to the Homeless Program office including drafting user manuals, creating forms, and generating reports as needed  Oversees HMIS user licenses
HMIS Quality
Assurance (QA)
and Training
Coordinator
 Runs and reconciles reports to ensure system data quality and timeliness. Create quality assurance procedures and generate reports as needed
 Provides and/or coordinate trainings to support the quality and accessibility of the HMIS system
 Provides 1st tier HMIS troubleshooting and technical support to program staff.  Facilitates technical assistance forums with agency administrators on HMIS operations and policy development
 Oversees program compliance to HMIS policies and procedures and HUD Data Standards
HMIS Data Clerk  Enters and updates client data in the HMIS  Runs and reconciles reports to ensure system data quality and timeliness  Documentation in case records and files to ensure the written record of work performed, including completion of information entered int o the database.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

 Collaborates with Program Evaluator to analyze data, write reports, and develop infographics

3. HMIS Policy Committee
The HMIS Policy Committee is responsible for:
● HMIS Policy Making:
o Reviewing, and approving all policies and procedures related to the operation of the HMIS as required by federal regulation, including but not limited to the HMIS Policies and Procedures, the Partner Agency Memorandum of Understanding, the HMIS Client Data & Privacy Plan, the HMIS Data Security Plan, and the HMIS Data Quality Plan.
● Annual Review of this Governance Charter, Policies and Procedures :
o Reviewing HMIS Policies and Procedures and Governance Charter in consultation with the CoC Lead Agency and the HMIS Lead Agency, and updating these documents as necessary to comply with Section 578.7(b) of the McKinney-Vento Act.
● HMIS Oversight:
o Providing project direction and guidance, ensuring that HMIS is administered in compliance with HUD requirements. In addition, the HMIS Policy Committee is responsible for overseeing the following HMIS topic areas:
▪ Technology Plan
▪ Selection of system software
▪ Approval of project forms and documentation
▪ Project participation and feedback
▪ Project Funding

4. Partner Agencies (PA)
Partner Agencies are responsible for:
● Adherence with all HMIS Policies and Procedure and Related Agreements o Adhering with all policies and procedures documented in the HMIS Policies and Procedures herein
o Enforcing HMIS Policies and Procedures through agency level policies and procedures. o Signing and complying with all terms provided in the Partner Agency HMIS MOU, the Partner Agency User Agreement, Partner Agency HMIS Administrator Agreement, and any applicable HMIS forms and documents
● Client Data and Confidentiality
o Abiding by all federal and state laws and regulations and with all HMIS Policies and Procedures relating to the collection, storage, retrieval, and dissemination of client information o Collecting and maintaining records of all required Standardized Client Informed Consent & Release of Information Authorization forms in accordance with the HMIS Policies and Procedures herein
● Network Operations
o Notifying the HMIS Lead Agency HMIS System Administrator promptly of any difficulty with system software, access to database, or related problems; at no time will the Partner Agency contact the software vendor directly
o Maintaining their agency internet connectivity and computer equipment in such a manner as not to disrupt continuity of project participation
 Data Entry and Quality
o Collecting all mandatory data elements and striving to collect maximum data elements for consenting clients
Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

o Entering or transferring data into the system as provided in the HMIS Data Quality and Monitoring Plan
o Assuring the accuracy of information entered into the system. Any information updates, errors, or inaccuracies that come to the attention of the Partner Agency will be corrected by the Partner Agency. If necessary, the HMIS Lead Agency must be notified of any corrections that cannot be made by the Partner Agency.
o Monitoring data quality through regular data quality reports that indicate levels of data entry completion, consistency with program model, and timeliness as compared to the community data quality standards
o Developing program specific interview guidelines that include the Standardized Intake Form, the Standardized Client Informed Consent & Release of Information Authorization form and Standardized HMIS Privacy Notice and any additional elements the agency wishes to collect o Partner Agency Executive Director accepts responsibility for all records entered by their agency o Ensuring that Partner Agency personnel do not knowingly enter erroneous information into the HMIS and conducting regular audits to ensure compliance with this requirement o Not altering or amending information in the database that is entered by another Partner Agency  Security
o Limiting HMIS access to authorized users and following all protocols for monitoring those users and prohibiting shared passwords and accounts.
o Providing the HMIS Lead Agency with the names of all staff members who have access to the HMIS (End Users) and certifying that such End Users are trained to have access to this information according to the provisions of this HMIS Policies and Procedures and the Partner Agency HMIS MOU. The HMIS Lead Agency may deny access to the system for the purpose of investigation of any suspicion of breached confidentiality. o Designating one person to act as the Partner Agency HMIS Agency Administrator (Agency Administrator) for the purpose of managing all communications with the HMIS Lead Agency. The Partner Agency will provide the HMIS Lead Agency with the name and title of the staff member designated.
o Agency Administrator will ensure that all staff issued a User ID and Password to enter the system sign and abide by Partner Agency User Agreement and complete required confidentiality training. o Maintaining records of all Partner Agency User Agreements signed by staff, volunteers and other persons issued a User ID and Password.
o Not transmitting security information and network policies to non-members of the HMIS in any manner.
o Developing an internal process for the violation of any of the HMIS information security protocols.
o Maintaining up-to-date virus and firewall protection at each workstation operating HMIS.  Training
o Ensuring all agency End Users are properly trained and authorized to use the system in accordance with the HMIS Policies and Procedures.
o Ensuring that Agency Administrator regularly attends the HMIS Lead Agency monthly HMIS Policy Committee meetings, along with periodic update trainings and stay current with the HMIS Policies and Procedures.
o Assigned Agency Administrator holds responsibility to communicate any updated HMIS information to all staff and volunteer HMIS End Users at his/her Partner Agency.  HMIS User License Fees and Module Costs
o Covering all applicable fees associated with user licenses being utilized by Partner Agency. User license fees will be invoiced by HMIS Lead Agency based on the current pricing, as provided by Bitfocus. License fees are established by Bitfocus once annually. o Covering the cost of additional HMIS modules requested by Partner Agency specific to Agency needs.

Partner Agency Organization Roles and Responsibilities
Roles Responsibilities
Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

Partner Agency
Executive Director
 Act as authorizing agent for the Partner Agency HMIS MOU  Designation of Agency Administrator
 Agency compliance with HMIS Policies and Procedures
 Agency level HUD reporting
Partner Agency HMIS
Agency Administrator
(Agency Administrator
or AA)
 Authorizing agent for Partner Agency User Agreements
 Keeper of Partner Agency User Agreements
 Keeper of executed Client Informed Consent forms
 End user licenses
 Authorizing agent for user ID requests
 Ensure staff workstations are compliant with HMIS Policies and Procedures and HUD requirements
 End user adherence to workstation security policies
 Ensure sufficient internet connectivity and security
 Detecting and responding to violations of the HMIS Policies and Procedures  Provide first-level End User support
 Maintain Agency/Program Data in HMIS Application
 Data quality monitoring, including running regular data quality reports  Quality assurance
 Provide ongoing training to End Users
Agency Staff (End
User)
 Safeguard client privacy through compliance with confidentiality policies  Data collection, data entry, and development of dashboards and reports as specified by training and other documentation.

D. Use of HMIS Component Grant Funds
The HMIS Lead Agency is the only entity eligible to use grant funds for an HMIS component, and funded activities must comply with HUD HMIS requirements. The HMIS Lead Agency has the following specific reporting requirements:
 Annual Performance Reports: The Agency shall ensure the HMIS is capable of generating a consistently reliable Annual Performance Report (APR) for all relevant projects with sufficient data stored in HMIS in compliance with the latest HUD guidance.
 Annual Longitudinal Systemwide Analysis Reports: The Agency shall prepare and submit Annual Longitudinal Systemwide Analysis Reports (LSA) to HUD.
 CoC Competition Community Application: The Agency shall provide all necessary support required for the CoC to fully and accurately complete the community application portion of the HUD McKinney-Vento Continuum of Care competition.
 High-Performing Communities Application: The Agency shall at the CoC’s request provide all necessary data and support required to support the collaborative applicant’s application for designation as a High Performing Community under Section 424 of the McKinney-Vento Act.  System Performance Measures: The Agency shall prepare and submit the annual System Performance Measures (SPM) to HUD.
 Housing Inventory Count (HIC) and Point In Time (PIT): The Agency shall prepare and submit the Housing Inventory Count (HIC) and the Point In Time (PIT) annually or as required by HUD.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

E. Operating Policies and Procedures

1. HMIS Participation
Policies
● Agencies participating in the CONTRA COSTA HMIS must abide by the governing principles of the CONTRA COSTA HMIS, the HMIS Policies and Procedures herein, and adhere to the terms and conditions of the Partner Agency HMIS MOU.
● If applicable, Partner Agency shall pay a participation fee charged by the HMIS Lead Agency as specified in Partner Agency HMIS MOU.

Procedures
a) Confirm Participation

1. In order to become a Partner Agency, the agency shall complete the Contra Costa HMIS Application Form, which will be reviewed by the HMIS Lead and CoC Lead. If the application is accepted, Partner Agency will need to execute a Partner Agency HMIS MOU and an Agency Administrator Agreement.

2. The Partner Agency shall confirm their participation in the CONTRA COSTA HMIS by submitting a signed Partner Agency HMIS MOU to the HMIS System Administrator.

3. The HMIS System Administrator will obtain the co-signature of H3 Division Director.

4. The HMIS System Administrator will maintain a file of all signed MOUs.

5. The H3 System Administrator will update the list of all Partner Agencies and make it available to the project community The list of Partner Agencies that participate in HMIS is included in Attachment A of the Client Informed Consent & Release of Authorization, which can be found at https://cchealth.org/h3/coc/partners.php#HMIS. b) Voluntary Termination

1. If a Partner Agency no longer wants to participate in HMIS, the Partner Agency shall inform the HMIS System Administrator in writing of its intention to terminate its agreement to participate in CONTRA COSTA HMIS.

2. The HMIS System Administrator will provide a 30-Day Notice and inform the CoC Lead Agency, the HMIS Policy Committee, and as necessary, Council on Homelessness.

3. The HMIS System Administrator will revoke access of the Partner Agency End Users to the CONTRA COSTA HMIS. Note: All Partner Agency-specific information contained in the HMIS system will remain in the HMIS system upon termination.

4. The HMIS System Administrator will keep all termination records on file with the associated Memorandums of Understanding.

5. Any fees paid for participation in the CONTRA COSTA HMIS will not be refunded.

6. The Partner Agency understands and accepts any ramifications of not participating in the CONTRA COSTA HMIS.
c) Lack of Compliance and Involuntary Termination

1. When the HMIS System Administrator determines that a Partner Agency has failed to comply with the HMIS Policies and Procedures herein or is otherwise in violation of the terms of the partnership as specified in the Partner Agency HMIS MOU, the HMIS Lead Agency will notify the Partner Agency Executive Director and the Agency Administrator to resolve the conflict(s).

2. The HMIS Lead Agency may implement a Corrective Action Plan with the Partner Agency which may include additional training, reporting, and ongoing monitoring requirements until Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

the issues have been resolved. However, if offense is severe enough, the HMIS Lead Agency may terminate the Partner Agency’s access immediately.

3. If the Partner Agency does not follow the Corrective Action Plan, the HMIS Lead Agency may terminate Partner Agency’s participation in HMIS.
i. The Partner Agency will be notified in writing of the intention to terminate their participation in the CONTRA COSTA HMIS.
ii. The HMIS System Administrator will revoke access of the Partner Agency staff to the CONTRA COSTA HMIS.
iii. The HMIS System Administrator will keep all termination records on file with the associated Memorandums of Understanding.
d) List of Partner Agency Primary Contacts

1. The Partner Agency shall designate a primary contact for communications regarding the CONTRA COSTA HMIS by submitting a Partner Agency HMIS Administrator Agreement to the HMIS System Administrator.

2. The HMIS System Administrator will maintain a file of all signed Partner Agency HMIS Administrator Agreements and verify the designated Agency Administrator annually.

3. The HMIS System Administrator will maintain a list of all assigned Agency Administrators and make it available to the HMIS Lead project staff.

4. The Partner Agency may designate a new or replacement primary contact in the same manner as above.
e) Site Security Assessment

1. Prior to allowing access to the CONTRA COSTA HMIS, the Partner Agency Executive Director (or designee), Agency Administrator, and the HMIS System Administrator will review and assess the security measures and protocols in place to protect client data. This review shall in no way reduce the responsibility of Partner Agency’s information security, which is the full and complete responsibility of the agency, its Executive Director, and Agency Administrator.

2. Partner Agencies shall have the latest version of virus protection software on all computers that access HMIS and comply with Section 9 Workstation Security below.

2. End User Authorization & Passwords
Policies
● Agency Staff participating in the CONTRA COSTA HMIS shall abide by the governing principles of the CONTRA COSTA HMIS, the HMIS Policies and Procedures herein, and adhere to the terms and conditions of the Partner Agency User Agreement.
● End User Licenses
o The Agency Administrator is the only Partner Agency staff member that is authorized to request licenses on behalf of End Users.
o The Agency Administrator must only request user access to HMIS for those staff members that require access to perform their job duties (End Users). o All End Users must have their own unique user ID and must never use or allow use of a User ID that is not assigned to them (see Partner Agency User Agreement). ● Passwords
o Temporary, first time only, passwords will be communicated via email to the owner of the User ID.
o User specified passwords must never be shared and should never be communicated in any format.
o Written information pertaining to user access (e.g., username and password) may not be stored or displayed in any publicly accessible location.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

o New User IDs must require password change on first use. o Passwords must consist of at least 8 characters and must contain a combination of lowercase letters, uppercase letters, numbers, and symbols [required by software]. ▪ According to the HUD Data and Technical Standards Final Notice (July 2004):
“User authentication. Baseline Requirement. A CHO must secure HMIS systems with, at a minimum, a user authentication system consisting of a username and password. Passwords must be at least eight characters long and meet reasonable industry standard requirements.”
▪ Passwords must not use or include the username, the HMIS name, or the HMIS vendor’s name.
▪ Passwords must not consist entirely of any word found in the common dictionary or any of the above spelled backwards.
o Passwords must be changed every 180 days. Once 180 days has passed, End Users will be prompted to change their passwords at their next log-in. o After four consecutive unsuccessful attempts to login, the account will be locked for three hours. If the End User cannot wait three hours, they may contact the HMIS Lead Agency to gain access sooner.

Procedures

a) Workstation Security Assessment

1. Prior to requesting user access for any staff member, the Agency Administrator will assess the operational security of the user’s workspace to ensure compliance with Section 9 Workstation Security below.

2. The Agency Administrator will confirm that workstation has up to date virus and firewall protection properly installed and that a full-system scan has been performed within the last week.

b) Request New User ID

1. When the Agency Administrator identifies a staff member that requires access to CONTRA COSTA HMIS, the Agency Administrator must notify the RED Team by emailing [email protected] with the following information: name of staff person, position, start date, and email address. The RED Team will provide new user training to the prospective end user. Training and any associated coursework must be completed prior to receiving an end user license.

2. At the time of the training, the prospective end user must read and sign the Partner Agency User Agreement and return it to the Agency Administrator.

3. The HMIS System Administrator will create the new User ID as specified and notify the User ID owner of the temporary password via email.

c) Change User Access

1. When the HMIS System Administrator determines that it is necessary to change a user’s access level, they will update the User ID as needed.

d) Reset Password

1. When a user forgets their password, they may use the “Forgot Password” link provided in the login screen. Instructions are then emailed to the email address on file. Users should ensure that their email address in Clarity is kept up to date.

2. After four consecutive unsuccessful attempts to login, the account will be locked for three hours. If the End User cannot wait three hours, they may contact the HMIS Lead Agency at [email protected] to gain access sooner.

3. If a user has reason to believe that someone else has gained access to their password, they must immediately reset their password in Clarity or notify their Agency Administrator.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

e) Termination of User Access

1. If an End User no longer requires access to HMIS, for example if the user leaves the agency or otherwise becomes inactive, their HMIS license must be de-activated.

2. The Partner Agency must notify the HMIS System Administrator within three (3) days after an End User is no longer employed at the agency or no longer needs access to HMIS. The Partner Agency shall provide the name of the staff member and the date of departure or date of deactivation of their HMIS license.

3. The HMIS System Administrator will revoke access of the specified End Users to the CONTRA COSTA HMIS.

f) Lack of Compliance and Involuntary Termination

1. Partner Agencies must develop and implement internal policies and procedures to monitor its End User’s compliance with the HMIS Policies and Procedures herein or the terms of the Partner Agency User Agreement. The Partner Agency’s internal policies should include disciplinary actions for lack of compliance with these documents.

2. The actions of the End Users are ultimately the responsibility of the Partner Agency. If an End User has been found to be noncompliant with any of the policies and procedures, Agency Administrators shall take corrective action steps with the End User. The HMIS Lead Agency may be available for guidance and support as needed.

3. If the End User continues to be out of compliance, the HMIS System Administrator must deactivate the staff User IDs.

4. End Users will be immediately terminated if they have breached confidentiality of information in CONTRA COSTA HMIS.

3. Collection and Entry of Client Data
Policies

● Client Data must be gathered according to the policies, procedures and confidentiality rules meeting the minimum threshold of HUD data standards and the CoC’s HMIS data standards. ● Client Data will only be shared with Partner Agencies if the Client provides verbal or written consent (see Procedures below).
● Client Data will be entered into the HMIS in a timely and accurate manner in compliance with the guidelines set in the HMIS Data Quality Plan.
● Hardcopy or electronic files will continue to be maintained according to individual program requirements.
● Data imports require authorization from both the CoC and HMIS Lead as they may impact data integrity and increase the likelihood of duplication of client files in the system. ● Any authorized data imports will be the responsibility of the Partner Agency. ● Partner Agencies are responsible for the accuracy, integrity, and security of all data input by said agency. The HMIS Lead Agency will periodically monitor for Partner Agencies data quality compliance.
● Note that services may NOT be denied if Client refuses to sign the ROI or declines to state any information. Partner Agencies shall not require or imply that services must be contingent upon a Client’s participation in HMIS. Services should be provided to a Client regardless of HMIS participation, provided the Client would otherwise be eligible for services. ● Domestic Violence Dedicated Programs
o Victim Service Providers (VSPs) whose primary purpose is to serve victims of domestic violence, are prohibited from participating in HMIS by the Violence Against Women Act (VAWA) and HUD. In addition, providers who receive funding (either through a direct grant or subgrant) from the Family Violence Prevention and Services Act, Office for Victims of Crime, Office on Violence Against Women, and Specialized Housing and Services for Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

Victims of Human Trafficking are prohibited from entering client PII into HMIS. These agencies are required to use a comparable database and are responsible for meeting the requirements of the comparable database.
● Non-Homelessness Data
o The data inputted and stored in HMIS shall align with the purpose of CONTRA COSTA HMIS, which is to serve as a central database to collect, track, analyze and report uniform client and activity data related to the provision of shelter, housing, and services to individuals and families experiencing homelessness and at risk of homelessness within the Contra Costa CoC region. Data that does not align with or serve this purpose shall not be inputted in HMIS.

Procedures
a) Obtaining Informed Consent & Release of Information (ROI)

1. Client consent to share their data within HMIS must constitute INFORMED consent. The burden rests with the intake counselor to inform the Client before asking for consent.

2. Partner Agencies must explain the contents of the Client Informed Consent & Release of Information Authorization (ROI) and the Contra Costa County’s Continuum of Care HMIS Privacy Notice (HMIS Privacy Notice) to the Client prior to entering client information into HMIS. During this explanation, Partner Agencies should summarize the following information:
a. What HMIS is - an internet-based database that is used by homeless service organizations across the Contra Costa CoC to record and store client-level information b. Why the Partner Agency Uses it
i. Efficiently coordinate the most effective services and resources for Clients ii. Better understanding homelessness in the community
iii. Assess the types of resources needed in the local area iv. Track whether needs are being met in the community
c. Security
i. Only specific staff who have signed an agreement to maintain the security and privacy of your information and participate in training courses can access HMIS. ii. HMIS is protected by passwords and encryption technology. iii. HMIS must adhere to HUD Technical and Data Standards and other local, state and federal privacy laws
d. How their PPI may be shared and disclosed
i. Coordinate services with other providers in the CoC
ii. Creating aggregated de-identified data to a third party like HUD iii. Cooperate with law enforcement for a legitimate law enforcement purpose based on valid warrant or subpoena
iv. Full list of permissible disclosures is available in the HMIS Privacy Notice e. Clients Rights
i. No client information will be released to another agency without written or verbal consent from the Client. However, aggregate system wide data that does not contain any client specific identifying data may be shared with internal and external agents without specific permission.
ii. Client has the right to not answer questions, unless admission to the program requires it.
iii. Client has right to access their record.
iv. Clients can’t be refused services if consent is not provided. v. Clients can revoke consent at a later date.
f. Benefits for Clients
i. Clients will not have to repeat their story to multiple agencies

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

ii. Case managers can use information in HMIS to link Client to appropriate resources in the community

3. The Client may sign a hard copy or electronic copy (on-screen signature) of the ROI. Once the client signs the ROI, the Partner Agency must document the ROI in the client’s HMIS record. a. All written consent forms must be stored in a client’s case management file for record- keeping and auditing purposes. The Partner Agency may store the hard copy in their internal files, but must provide the address of the hard copy file in the client’s HMIS record; or
b. The Partner Agency may scan and upload the hard copy or upload the electronic signed copy to the client’s HMIS record.

4. Partner Agencies must ensure that hard copy ROIs are stored in a location that is locked and not accessible to the general public.

5. The ROI is valid for ten (10) years. When the ROI expires after 10 years and the client’s data is still active in HMIS, then Partner Agencies must obtain a new signed ROI from the client. b) Obtaining Verbal Consent

1. A signed written ROI is the preferred method of obtaining client informed consent; however, verbal consent is permitted under the following circumstances:
a. Client’s verbal consent is obtained through one-door registration, 211, or another hotline or dispatch call-center.
b. If verbal consent is obtained, Partner Agencies must make reasonable attempts to collect written consent upon Client’s arrival into the program or through subsequent meetings with the client.

2. Exception: Phone registration and dispatch programs may enter client information without consent but must lock the record in HMIS. Upon client’s arrival into the program, written consent must be obtained in order to unlock their record.
c) Consent for Minor Children

1. Partner Agencies must obtain consent to input a minor’s data into HMIS from the minor’s parent or legal guardian.

2. The minor’s consent must be documented on the head of household’s ROI. d) Client Refuses to Consent

1. Clients cannot be refused services solely based on their refusal to participate in HMIS.

2. If the Client refuses to provide verbal or written consent, the Partner Agency must not share the Client’s PII with any other partner agencies. Partner Agencies must lock the Client’s HMIS record. The steps on how to lock a Client’s record is provided during End User Training. Within 6 months of the Client’s initial refusal, Partner Agencies should make one additional attempt to confirm whether the Client wishes to sign an ROI.

4. Release and Disclosure of Client Data
Policies
● The HMIS Lead Agency shall ensure compliance with relevant federal and state confidentiality regulations and laws that protect client records. The Agency shall only release client records with the consent of the client, unless otherwise provided for by law. ● Substance Abuse Records: The HMIS Lead Agency shall abide specially by federal confidentiality regulations as contained in the Code of Federal Regulations, 42 CFR Part 2 regarding disclosure of alcohol and/or drug abuse records unless disclosure is expressly permitted by informed written consent of the person whom it pertains to or as otherwise permitted by 42 CFR Part 2. A general authorization for the release of medical or other information is not sufficient for this purpose. The HMIS Lead Agency understands that federal rules restrict use of the information to criminally investigate any alcohol or drug abuse patients.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

● Sharing of client data may be limited by program specific confidentiality rules. ● No client-specific data will be released or shared outside of the partner agencies unless the client gives specific written permission or unless withholding that information would be illegal or otherwise permitted under the Privacy Notice.
● Client shall be given a printout of all data relating to them upon written request and five (5) working days.
● A report of data sharing events, including dates, agencies, persons, and other details, must be made available to the client upon written request and within five (5) days or according to agency policy. ● A log of all external releases or disclosures must be maintained for seven (7) years and made available to the client upon written request and within five (5) days or according to agency policy. ● Aggregate system wide data that does not contain any client specific identifying data may be shared with internal and external agents without specific permission. This policy should be made clear to clients as part of the Informed Consent procedure (see Section 3). ● Each Partner Agency Executive Director is responsible for their agency’s internal compliance with the 2004 HUD Data and Technical Standards. Agency Administrators and End Users must safeguard and maintain strict confidence over information in CONTRA COSTA HMIS.

Procedures
a) HMIS Privacy Notice

1. Partner Agencies must post the HMIS Privacy Notice (available in both English and Spanish) at their facility in a place conspicuous and accessible to clients.

2. Prior to asking the Client to review and sign the ROI, Partner Agency staff must review the HMIS Privacy Notice with the Client (see Section 3).

3. Partner Agencies must provide a copy of the HMIS Privacy Notice to the Client upon request. b) Client Revocation of Consent

1. A Client may revoke consent for data sharing at any time. When Client makes such request, the Partner Agency staff should provide the HMIS Client Revocation Form to the Client. The Partner Agency staff shall complete the bottom of the HMIS Client Revocation Form with the HMIS Client Unique ID and forward the form securely to the RED Team.

2. Partner Agency staff shall inform the Client that only information going forward will not be shared. PII that the Client previously authorized to be shared cannot entirely be removed from the HMIS database and will remain accessible to the limited number of organizations that provided the Client with direct services.

5. Client Complaint
Policies
● Clients will file complaints with Partner Agencies. Partner Agencies must have written complaint procedures that can be provided to client upon request. Any unresolved complaints may be escalated to the CoC Lead Agency according to the CoC Complaint Process. For HMIS matters, the CoC Lead Agency may work with the HMIS Lead Agency to resolve the complaint. ● Partner Agencies complaint procedures must follow the guidelines and requirements under the CoC Complaint Process.

Procedures
a) Partner Agency Complaint Process

1. Clients will submit a complaint directly to Partner Agencies with which they have a complaint in accordance with the Partner Agency’s internal complaint policies and procedures.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

2. Upon client request, Partner Agencies must provide a copy of their complaint procedure and the HMIS Policies and Procedures along with the Contra Costa Continuum of Care Complaint Form (CoC Complaint Form). Partner Agencies shall explain that the CoC Complaint Form should be used only if the matter cannot be resolved by the Partner Agency’s internal complaint procedure or if the Client believes that filing a complaint through the Partner Agency is inappropriate.

3. The Partner Agency will be responsible to answer any questions and complaints regarding the HMIS.

A record of all complaints and any attempts made to resolve the issue must be kept in file for two (2) years. If the complaint is resolved, Partner Agencies will include the date and a brief description of the resolution.
b) CoC Complaint Process

1. If the Partner Agency is unable to resolve the problem or if the client believes that filing a complaint directly with the Partner Agency is not appropriate based on the circumstances, the client must complete the CoC Complaint Form outlining the date of incident, name of parties involved, description of the incident, and their contact information for follow-up. If the client needs assistance, Partner Agencies must forward a copy of the completed CoC Complaint Form to the CoC Manager.

2. The CoC Lead Agency will review and determine the need for further action based on the procedures outlined in the CoC Complaint Process.

6. Data Quality
Policies
● Data quality refers to the timeliness, completeness, and accuracy of information collected and reported in CONTRA COSTA HMIS. All data entered into the HMIS database must meet minimum data quality standards. End Users will be responsible for the quality of their data entry and must adhere to the specific requirements in the Contra Costa CoC Data Quality and Monitoring Plan (DQMP). ● Data Timeliness: End Users must enter all universal data elements and program-specific data elements within the specified time provided in the DQMP. ● Data Completeness: All data entered into the system must be complete, unless otherwise authorized by the HMIS Lead, following data collection standards set by the 2020 HUD HMIS Data Standards. ● Data Accuracy: All data entered shall be collected and entered in a common and consistent manner across all programs to ensure that all data entered into HMIS is an accurate a reflection of information provided by the client, as documented by the intake worker or otherwise updated by the client and documented for reference. Recording inaccurate information is strictly prohibited.

Procedures

1. Partner Agencies must collect and enter as much relevant client data as possible for the purposes of providing services to that client.

2. All End Users should strive to minimize the gap between when information is collected and when it is entered into HMIS, with the goal of real-time data entry whenever feasible. All data must be input into HMIS within the specific number of days based on program type as provided in the DQMP.

3. The HMIS System Administrator will conduct quarterly checks for data quality.

4. Any patterns of error or missing data will be reported to the Agency Administrator. Agency Administrators must adhere to the data quality monitoring and reporting requirements laid out in the DQMP.

5. End Users will be required to correct the identified data error and will be monitored for compliance by the Agency Administrator and the HMIS Administrator.

6. End Users may be required to attend additional training on data quality as needed.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

7. Aggregate Data Access
Policies
● The Partner Agency shall provide reports using aggregate data to the CoC upon request, or to other entities for funding or planning purposes pertaining to providing services to homeless persons, for homeless policy and planning decisions, in preparing federal, state or local applications for funding, to demonstrate the need for and effectiveness of programs, and to obtain a system-wide view of program utilization in the state.
● The Partner Agency shall use only unidentified, aggregate data. ● The HMIS Lead Agency may also provide anonymous aggregate data for reporting purposes, research purposes, and to policy makers, service providers, advocates, and consumer representatives. The underlying goal of sharing aggregate data is to address and end homelessness.

Procedures
● The Partner Agency is responsible for ensuring that reporting access is maintained at the proscribed levels for agency clients, non-agency clients, and aggregate information reporting. ● Any requests for aggregate data must be directed to the HMIS Lead Agency using the following form on the H3 website: https://cchealth.org/h3/coc/reports.php#Requests.

8. Proprietary Rights & Abuse
Policies
● Copyright: The Contra Costa HMIS, underlying software, and services are protected by copyright and cannot be copied, except as permitted by law or written agreement with the copyright holder. ● Unauthorized Access and Abuse: The HMIS Lead Agency shall take reasonable efforts to prevent the unauthorized access, use or modification of HMIS, or interference with normal system operation.

This shall include both corruption of the HMIS database in any manner, as well as unauthorized disclosure or sharing of user identification and/or passwords. The Agency shall not use HMIS with intent to defraud federal, state or local governments, individuals or entities, or to conduct any illegal activity.
● Research and Electronic Data Exchange: Agencies exporting data from HMIS must certify that the same privacy and security rights promised to their clients are met on the destination system. If the destination system operates under less restrictive rules, the client must be fully informed and approve this transfer. The Partner Agency must have the ability to restrict transfers to only those clients that approve the exchange.

Procedures
● The HMIS Lead Agency shall be responsible for monitoring and preventing unauthorized access, use, or modification of HMIS, or interference with normal system operation. ● Partner Agencies shall have internal policies prohibiting transmission of material in violation of any federal or state regulations, this includes but is not limited to: copyrighted material, material legally judged to be threatening or obscene, and material considered protected by trade secret. ● Partner Agencies shall have internal policies that prohibit profanity, offensive language, malicious information or discriminatory comments based on race, ethnicity, religion, national origin, disability, age, gender, or sexual orientation into the database.

9. Workstation Security
Policies
● The Agency Administrator is responsible for preventing degradation of the whole system resulting from viruses, intrusion, or other factors under the agency’s control.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

● The Agency Administrator or their delegate is responsible for preventing inadvertent release of confidential client-specific information. Such release may come from physical or electronic or even visual access to the workstation, thus steps should be taken to prevent these modes of inappropriate access (i.e. don’t let someone read over your shoulder; lock your screen). ● The Agency Administrator is responsible for communicating all procedures to End Users regarding proper workstation configuration and protection against unauthorized access to HMIS by others. ● Additional security policies are included in the HMIS Data Security Plan.

Procedures
a) Computer Security

1. At a minimum, any workstation accessing the HMIS System shall have anti-virus software with current virus definitions (24 hours) and frequent full-system automated scans (weekly).

2. Partner Agency shall ensure that its computers and networks are equipped with secure firewalls, which are updated regularly automatically. Firewalls must be placed between any computer and internet connection for the entire network.

3. All workstations and computer hardware along with agency network equipment must be stored in a secure location, such as a locked office where only authorized users have access. If computers are in a public area, they must be staffed at all times. When not in use, computers must be secure and not usable by unauthorized users. Computers should automatically turn on a password protected screen saver when the workstation is temporarily not being used. b) Hard Copy Security

1. Partner Agency staff must supervise at all times any paper or other hard copy generated by or for the HMIS that contains PPI when the hard copy is in a public area.

2. When Partner Agency staff is not present, the paper files must be secured and locked in areas that are not publicly accessible.

3. Written information specifically pertaining to user access (e.g., User ID and password) must not be stored or displayed in any publicly accessible location.

4. Documents printed from HMIS must be sent to a printer in a secure location where only authorized users have access.

10. Training
Policies
 Partner Agencies must ensure its End Users are properly trained and authorized to use the system in accordance with the HMIS Policies and Procedures herein.  The Agency Administrators must regularly attend the HMIS Lead Agency monthly HMIS Policy Committee meetings, along with periodic update trainings and stay current with the HMIS Policies and Procedures.
 The Agency Administrator holds responsibility to communicate any updated HMIS information to all staff and volunteer HMIS End Users at his/her Partner Agency.  End Users may also be required to participate in periodic trainings to maintain their end user license.

Procedures
a) Training
The HMIS Lead Agency will provide training in the following areas prior to Partner Agency using CONTRA COSTA HMIS:
o Data Privacy, Security, & Confidentiality
o HUD HMIS Data Standards
o End User Training
o Specific Modules
b) Agency Administrator Training
Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

The HMIS Lead Agency will provide training to Agency Administrators who are then responsible for relaying that training to End Users within his or her agency. Training will be done virtually or in a group setting, where possible to achieve the most efficient use of time and sharing of information between agencies. Training will include:
o End User training
o Running package reports
o Creating customized reports
c) Ongoing Training
The HMIS Lead Agency will provide regular training for the Continuum of Care, as needed. The areas covered will be:
o Agency Administrator Training
o End User Training
o Data Privacy, Security, & Confidentiality
o Data Quality Monitoring and Reporting
o HUD HMIS Data Standards
o Specific Modules

11. Technical Support
Policies
● Support requests include problem reporting, requests for enhancements (features), or other general technical support.
● End Users shall submit support requests to their Agency Administrator (email is suggested). ● End Users shall not submit requests to software vendor. ● End Users shall not submit requests directly to the HMIS Lead Agency without specific invitation. All requests to H3 shall be submitted to the Agency Administrator, who may then escalate to the HMIS Lead Agency, who may then escalate to vendors as appropriate. ● The HMIS Lead will only provide support for issues specific to the CONTRA COSTA HMIS software and systems.

Procedures
a) Submission of Support Request

1. End User encounters a problem or originates idea for improvement to system or software.

2. End User creates a support request to Agency Administrator.

3. The Agency Administrator, upon receipt of a support request, shall make reasonable attempts to resolve the issue directly with End User.

4. If the Agency Administrator is unable to resolve the issue and determines that the problem is specific to CONTRA COSTA HMIS software and systems, the Agency Administrator may contact the HMIS Systems Administrator or the AA may submit a technical support request, including program set up or program modification using the following link:
https://airtable.com/shr07VkUci0rE8Rqt.

5. The HMIS System Administrator will consolidate such requests from multiple Partner Agencies, if appropriate, and strive to resolve issues in priority order according to their severity and impact.

6. If the HMIS System Administrator is unable to resolve the issue, other software or system vendor(s) may be included in order to resolve the issue(s).

7. In cases where issue resolution may be achieved by the End User or other Partner Agency personnel, the HMIS System Administrator will provide instructions via email to Agency Administrator.

12. Changes to this and other Documents
Policies
● The CoC and HMIS Lead along with the HMIS Policy Committee of the Continuum will guide the Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

compilation and amendment of these Policies and Procedures. The HMIS Policy Committee will review this document on an annual basis.

Procedures

1. Proposed changes may originate from any participant in the CONTRA COSTA HMIS.

2. When proposed changes originate within a Partner Agency, they must be reviewed by the HMIS Policy Committee.

3. The HMIS System Administrator will maintain a list of proposed changes.

4. The list of proposed changes will be discussed by the HMIS Policy Committee, subject to line item excision and modification. This discussion may occur at an in-person or virtual meeting.

5. The HMIS Policy Committee will recommend annual proposed changes to the CoC’s governing body, Council on Homelessness, for approval prior to implementation.

6. Partner Agencies Executive Directors shall acknowledge receipt and acceptance of the revised Policies and Procedures within 10 working days of delivery of the amended Policies and Procedures by notification in writing or email to the HMIS System Administrator. The Agency Administrator (cc to E.D.) shall also ensure circulation of the revised document within their agency and compliance with the revised Policies and Procedures by all End Users.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

IV. Appendix A: HMIS Data Security Plan

HMIS DATA SECURITY PLAN

Overview

HUD regulations require that Continuums of Care establish HMIS Data Security Plans. This Data Security Plan is based upon the HMIS Requirements Proposed Rule released in December 2011, and may be edited upon the release of further guidance by HUD.

Applicability

CONTRA COSTA HMIS participating agencies must apply system security provisions to all the systems where personal protected information (PPI) is stored, including, but not limited to, its networks, desktops, laptops, tablets, phones, mainframes and servers.

User Authentication

Upon successful completion of training and submission of signed User Agreement to the HMIS Lead, each HMIS user will be provided with a unique personal User Identification Code (User ID) and initial password to access the HMIS. While the User ID provided will not change, HUD standards require that the initial password only be valid for the user’s first access to the HMIS.

Upon access with the initial password, the user will see a screen that will prompt the user to change the initial password to a personal password created by the user. The Partner Agency Agency Administrator must only request user access to HMIS for those staff members that require access to perform their job duties.

The password created by the user must meet the following Federal and application-enforced guidelines from the HMIS Governance Charter and HMIS Policies and Procedures:
a. All users must have their own unique user ID and must never use or allow use of a user ID that is not assigned to them. (See Partner Agency User Agreement.) b. Temporary, first time only, passwords will be communicated via email to the owner of the User ID.
c. User specified passwords must never be shared and should never be communicated in any format.
d. Written information pertaining to user access (e.g., username and password) may not be stored or displayed in any publicly accessible location. e. New User IDs must require password change on first use. f. Passwords must consist of at least 8 characters and must contain a combination of letters and numbers(required by software). (Refer to the HUD Data and Technical Standards Final Notice (July 2004) for additional guidance.)
g. Passwords must not use or include the username, the HMIS name, or the HMIS vendor’s name.
h. Passwords must not consist entirely of any word found in the common dictionary or any of the above spelled backwards.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

i. Passwords must be changed every 180 days. Once 180 days has passed, End Users will be prompted to change their passwords at their next log-in. j. After four consecutive unsuccessful attempts to login, the account will be locked for three hours. If the End User cannot wait three hours, they may contact the HMIS Lead Agency to gain access sooner.

Agencies participating in the CONTRA COSTA HMIS shall commit to abide by the governing principles of the CONTRA COSTA HMIS and shall adhere to the terms and conditions of this partnership as detailed in the Partner Agency Memorandum of Understanding and the HMIS Governance Charter and HMIS Policies and Procedures.

Prior to allowing access to the HMIS, the Agency Administrator will agree to review and assess the security measures in place to protect client data. The HMIS System Administrator will meet Partner Agency Executive Director (or designee), Program Manager/Administrator and Agency Administrator to access agency information security protocols. This review shall in no way reduce the responsibility for agency information security, which is the full and complete responsibility of the agency, its Executive Director, and Agency Administrator.

Termination of User Access
If an End User no longer requires access to HMIS, for example if the user leaves the agency or otherwise becomes inactive, their HMIS license must be de-activated. The Partner Agency must notify the HMIS System Administrator within three (3) days after an End User is no longer employed at the agency or no longer needs access to HMIS. The Partner Agency shall provide the name of the staff member and the date of departure or date of deactivation of their HMIS license. The HMIS System Administrator will revoke access of the specified End Users to the CONTRA COSTA HMIS.

Lack of Compliance and Involuntary Termination
Partner Agencies must develop and implement internal policies and procedures to monitor its End User’s compliance with the HMIS Policies and Procedures herein or the terms of the Partner Agency User Agreement. The Partner Agency’s internal policies should include disciplinary actions for lack of compliance with these documents.

The actions of the End Users are ultimately the responsibility of the Partner Agency. If an End User has been found to be noncompliant with any of the policies and procedures, Agency Administrators shall take corrective action steps with the End User. The HMIS Lead Agency may be available for guidance and support as needed. If the End User continues to be out of compliance, the HMIS System Administrator must deactivate the staff User IDs. End Users will be immediately terminated if they have breached confidentiality of information in CONTRA COSTA HMIS.

Security Training
The HMIS Lead will ensure that all users receive security training prior to being given access to the HMIS, and that the training curriculum reflects the HMIS Governance Charter and HMIS Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

Policies and Procedures and HUD requirements. HMIS security training will be offered at least annually.

Application Security
Agencies must ensure that all computers connecting to HMIS run a current version of anti-virus software with current virus definitions (24 hours) and frequent full-system automated scans (weekly). This is enforced through an Active Directory network policy, and applies to both devices directly attached to an area-wide network as well as those at service provider locations that connect through the public Internet via a Secure Socket Layer (SSL) Virtual Private Network (VPN) tunnel connection. Individual computers are scanned and only allowed to connect to the network when the presence of updated anti/virus software and secure firewall from an approved list has been verified. This appliance also provides protection against phishing, malware; bot attacks and provides access control to limit users to appropriate resources.

HMIS Partner Agencies must maintain anti-virus software on all devices on their network.

Devices that access the Internet must be configured to automatically download updated virus definitions. Steps should also be taken to prevent the intrusion of “adware” and “spyware” programs.

The Partner Agency Administrator maintains hardware, software and PPI in a secure environment, protected by a Firewall. Firewalls must be updated regularly automatically and must be placed between any computer and internet connection for the entire network. Users must take appropriate steps to ensure that networks used outside of the agency are secured in compliance with this section.

Physical Control over Devices with Access to HMIS Data
All workstations and computer hardware along with agency network equipment must be stored in a secure location, such as a locked office where only authorized users have access. If computers are in a public area, they must be staffed at all times. When not in use, computers must be secure and not usable by unauthorized users. Computers should automatically turn on a password protected screen saver when the workstation is temporarily not being used.

Disaster Protection and Recovery
HMIS is contained on mariaDB databases which are run on a clustered environment so that there will be failover protection if the primary server becomes unavailable. The physical data storage is on multiple disc drives in a RAID array for redundancy so that no data will be lost or downtime incurred if a physical disk drive becomes inoperable. Additional hardware redundancy exists in the form of dual power supplies, disc controllers and network interface cards. The databases are automatically backed up nightly and stored on another secure server.

Bitfocus, the vendor of Clarity Human Systems, is responsible for the disaster protection and recovery of the central server, as well as data disposal.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

System Monitoring
HMIS produces reports based on log files that are reviewed and inactive user accounts are consequently disabled (e.g., in the event of a user leaving an agency, a job position change, etc.).

In addition to the HMIS database itself, access to HMIS is also controlled, monitored and logged by the Agency Administrator.

Hard Copy Security
The guidelines regarding the security of paper or other hard copy containing PPI that is either generated by or for the HMIS, including, but not limited to reports, data entry forms, and signed consent forms are:

1. Partner Agency staff must supervise at all times any paper or other hard copy generated by or for the HMIS that contains PPI when the hard copy is in a public area.

2. When Partner Agency staff is not present, the paper files must be secured in areas that are not publicly accessible.

3. Written information specifically pertaining to user access (e.g., User ID and password) must not be stored or displayed in any publicly accessible location.

4. Documents printed from HMIS must be sent to a printer in a secure location where only authorized users have access.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

V. Appendix B: HMIS Data Quality & Monitoring Plan

HMIS DATA QUALITY & MONITORING PLAN
Overview
HUD regulations require Continuums of Care to establish HMIS Data Quality Plans. This Data Quality Plan is based upon the HMIS Requirements Proposed Rule released in December 2011, and may be edited upon the release of further guidance by HUD.

Timeliness
An HMIS should have the most current client information available for every person being actively served by service providers. All HMIS participants should strive to minimize the gap between when information is collected and when it is entered into HMIS, with the goal of real- time data entry whenever feasible. To that end, relevant client information should always be entered into HMIS within the following initial guidelines, based on project type:
● Emergency Shelter, Transitional Housing, Permanent Housing, Rapid Rehousing, and Prevention projects: All Universal and Program-Specific Data Elements entered within two (2) business days of intake.
● Outreach projects and Non-residential Support Service Only projects (SSO): Limited data elements entered within five (5) business days of the first outreach encounter. Upon engagement for services, all remaining Universal and Program-Specific Data Elements entered within two (2) business days.

Agencies with projects providing services should strive to meet these timeliness goals:
● All users must have their own unique user ID and must never use or allow use of a user ID that is not assigned to them. [See Partner Agency User Agreement.] User specified passwords must never be shared and should never be communicated in any format. Client identification and supplemental assessments should be entered within two (2) business days. ● Updates and interim reviews should be entered within two (2) business days of discovery of the event change.
● All service data should be entered within five (5) business days of service provision.

As data entry policies and procedures are developed and refined within each participating agency, the CoC shall review these timeliness guidelines and modify them accordingly. It is the goal of Contra Costa Continuum of Care to enter data into HMIS in the most timely manner feasible.

Completeness
Complete HMIS data is necessary to fully understand the demographic characteristics and Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

service use of persons in the system. Complete data facilitates confident reporting and analysis on the nature and extent of homelessness, such as:
● Unduplicated counts of clients served at the local level; ● Patterns of use of people entering and exiting the homeless assistance system; and ● Evaluation of the effectiveness of homeless systems.

In effect, complete data tells the full “story” of homelessness to the agencies, the Continuum, and the general public. To that end, all data entered into the HMIS shall be complete.

In addition, at the client level, more complete HMIS data improves quality of services and ability of provider staff to meet client needs, efficiently and effectively.

Partner Agencies are responsible for making all reasonable efforts to ensure the highest level of data quality possible for the following categories:
● Universal Data Elements: The Partner Agency shall ensure the HMIS is capable of managing the collection of each data variable and corresponding response category for each of the Universal Data Elements outlined in the HUD HMIS data and Technical Standards.
● Program-Specific Data Elements: The Partner Agency shall ensure the HMIS is capable of managing the collection of each data variable and corresponding response category for each of the Program-specific data elements as outlined in the HMIS Data and Technical Standards.
● Unduplicated Client Records: The Partner Agency shall ensure HMIS is capable of generating a summary of the number of unduplicated client records entered into HMIS. ● Program Entry and Exit Dates: The Partner Agency shall be responsible for ensuring the accurate entry of program entry and exit dates. Program entry and exit dates should be recorded upon any program entry or exit on all participants. Entry dates should reflect the first day of service in the program. Exit dates should reflect the last day of residence, or for non-residential programs, the last day a service was provided.

The Continuum’s goal is to collect 100% of all data elements. However, the Continuum recognizes that this may not be possible in all cases. Therefore, the Continuum has established a data quality benchmark upper limit of 5% as an acceptable percent of null/missing and unknown/don’t know/refused responses for all UDEs and program specific data elements excluding Domestic Violence and Social Security Number.

For exit dates, SSOs will close out these if no contact has been made within 6 months.

Accuracy & Consistency
Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

Accuracy of data in an HMIS can be difficult to assess because it depends on both the client’s ability to provide the correct data and the intake worker’s ability to document and enter the data accurately. Consistency directly affects the accuracy of data; if an end user collects all of the data, but they do not collect it in a consistent manner, then the data may not be accurate.

The purpose of accuracy is to ensure that the data in the CoC’s HMIS is the best possible representation of reality as it relates to homeless people and the programs that serve them. To that end, all data entered into the CoC’s HMIS shall be a reflection of information provided by the client, as documented by the intake worker or otherwise updated by the client and documented for reference. Recording inaccurate information is strictly prohibited.

All data in HMIS shall be collected and entered in a common and consistent manner across all programs. To that end, the CoC will undertake system-wide accuracy checks, require end user training, and maintain a consistent intake form.
● Systemwide Checks: HMIS Lead Agency staff will conduct periodic accuracy and consistency checks, including de-duplication efforts every 6 months, and will run automated searches for information that is likely inconsistent. Any data inconsistency issues identified by agency-level staff will be reported to the HMIS Administrator.
● Data Accuracy Report: Like the Data Completeness report, this report will be filed monthly.

This report measures specific incongruency errors, including but not limited to:
o Client age/date of birth errors, multiple active incomes, and incongruences between housing status and living situation, chronic homelessness status and disability status, and income and employment status.
● Client Enrollment Reports: Like the Data Completeness and Data Accuracy reports, this report will be filed monthly. This report displays a list of new client intakes, exits, and active clients during the month. This report should be verified for accuracy prior to submission. ● Training: All intake and data entry workers will complete an initial training before accessing the live HMIS system, using the established train the trainer structure. Optional trainings will be offered annually to HMIS users wishing to recertify their knowledge of consistency practices. ● Intake Form: A basic intake form that collects data in a consistent manner will be available to all programs, which they can alter to meet their additional needs, provided the base document does not change. The HMIS Data Collection Guide outlines the basic data elements collected on the intake form, their response categories, rationale, and definitions will be made available in paper and via the HMIS website as a quick reference to ensure consistent data collection. New agencies that join the CoC are required to review this document as part of the HMIS Agency Agreement execution process.

Monitoring & Enforcement

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

The CoC recognizes that the data produced from the HMIS is critical to meet the reporting and compliance requirements of individual agencies and the CoC as a whole. As such, all HMIS agencies are expected to meet the data quality benchmarks described in this document. To achieve this, the HMIS data will be monitored periodically to quickly identify and resolve issues that affect the timeliness, completeness, and accuracy of the data. All monitoring will be done in accordance with the Data Quality Plan, with full support of the CoC membership. The timeframe to correct errors will be within 10 days following the end of the month unless the 10th of the month falls on a weekend, then which it will be the following Monday.

● Data Completeness and Data Accuracy Reports must be run on a monthly basis and submitted to the HMIS Lead Agency by the 10th of the following month. Once submitted, the HMIS System Administrator will evaluate and ensure that these reports meet the minimum-level required for compliance. All agencies are required to take the steps necessary to mitigate any errors and performance gaps prior to submission

The purpose of monitoring is to ensure that the agreed-upon data quality benchmarks are met to the greatest possible extent and that data quality issues are quickly identified and resolved.

Monitoring will be considered in the annual CoC Program review & rank process. Participating agencies that are identified as needing assistance in addressing performance gaps will be offered refresher HMIS training courses and corrective plan technical assistance as needed.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

VI. Appendix C: HMIS Client Data & Privacy Plan

HMIS CLIENT DATA & PRIVACY PLAN
Overview
HUD regulations require that Continuums of Care establish HMIS Data Privacy Plans after the HMIS Privacy and Security Notice is released. This Client Data & Privacy Plan is based upon the HMIS Requirements Proposed Rule released in December 2011, and may be edited upon the release of further guidance by HUD.

HMIS Data Sharing
Client-specific data from CONTRA COSTA HMIS may be shared with partner agencies only when the sharing agency has secured a valid Release of Information from that client authorizing such sharing, and only during such time that Release of Information is valid (before its expiration). Other non-HMIS inter-agency agreements do not cover the sharing of HMIS data.

Obtaining Informed Consent & Release of Information (ROI) Client consent to share their data within HMIS must constitute INFORMED consent. The burden rests with the intake counselor to inform the Client before asking for consent. Partner Agencies must post the HMIS Privacy Notice (available in both English and Spanish) at their facility in a place conspicuous and accessible to clients and must provide a copy of the HMIS Privacy Notice to clients upon request.

Partner Agencies must explain the contents of the Client Informed Consent & Release of Information Authorization (ROI) and the Contra Costa County’s Continuum of Care HMIS Privacy Notice (HMIS Privacy Notice) to the Client prior to entering client information into HMIS. During this explanation, Partner Agencies should summarize the following information:

1. What HMIS is - an internet-based database that is used by homeless service organizations across the Contra Costa CoC to record and store client-level information

2. Why the Partner Agency Uses it
a. Efficiently coordinate the most effective services and resources for Clients b. Better understanding homelessness in the community
c. Assess the types of resources needed in the local area d. Track whether needs are being met in the community

3. Security
a. Only specific staff who have signed an agreement to maintain the security and privacy of your information and participate in training courses can access HMIS.
b. HMIS is protected by passwords and encryption technology.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

c. HMIS must adhere to HUD Technical and Data Standards and other local, state and federal privacy laws

4. How their PPI may be shared and disclosed
a. Coordinate services with other providers in the CoC
b. Creating aggregated de-identified data to a third party like HUD c. Cooperate with law enforcement for a legitimate law enforcement purpose based on valid warrant or subpoena
d. Full list of permissible disclosures is available in the HMIS Privacy Notice

5. Clients Rights
a. No client information will be released to another agency without written or verbal consent from the Client. However, aggregate system wide data that does not contain any client specific identifying data may be shared with internal and external agents without specific permission. b. Client has the right to not answer questions, unless admission to the program requires it.
c. Client has right to access their record.
d. Clients can’t be refused services if consent is not provided. e. Clients can revoke consent at a later date.

6. Benefits for Clients
a. Clients will not have to repeat their story to multiple agencies b. Case managers can use information in HMIS to link Client to appropriate resources in the community
The Client may sign a hard copy or electronic copy (on-screen signature) of the ROI. Once the client signs the ROI, the Partner Agency must document the ROI in the client’s HMIS record.

All written consent forms must be stored in a client’s case management file for record-keeping and auditing purposes. The Partner Agency may store the hard copy in their internal files, but must provide the address of the hard copy file in the client’s HMIS record; or the Partner Agency may scan and upload the hard copy or upload the electronic signed copy to the client’s HMIS record. Partner Agencies must ensure that hard copy ROIs are stored in a location that is locked and not accessible to the general public.

The ROI is valid for ten (10) years. When the ROI expires after 10 years and the client’s data is still active in HMIS, then Partner Agencies must obtain a new signed ROI from the client.

Obtaining Verbal Consent
A signed written ROI is the preferred method of obtaining client informed consent; however, verbal consent is permitted under the following circumstances:

1. Client’s verbal consent is obtained through one-door registration, 211, or another hotline or dispatch call-center.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

2. If verbal consent is obtained, Partner Agencies must make reasonable attempts to collect written consent upon Client’s arrival into the program or through subsequent meetings with the client.

Exception: Phone registration and dispatch programs may enter client information without consent but must lock the record in HMIS. Upon client’s arrival into the program, written consent must be obtained in order to unlock their record.

Consent for Minor Children
Partner Agencies must obtain consent to input a minor’s data into HMIS from the minor’s parent or legal guardian. The minor’s consent must be documented on the head of household’s ROI.

Client Refuses to Consent
Clients cannot be refused services solely based on their refusal to participate in HMIS. If the Client refuses to provide verbal or written consent, the Partner Agency must not share the Client’s PII with any other partner agencies. Partner Agencies must lock the Client’s HMIS record. Within 6 months of the Client’s initial refusal, Partner Agencies should make one additional attempt to confirm whether the Client wishes to sign an ROI.

Adherence to Other Privacy Laws
The Participating Agency shall uphold Federal and State Confidentiality regulations to protect client records and privacy. If an agency is covered by the Health Insurance Portability and Accountability Act (HIPAA), the HIPAA regulations prevail. The Agency shall not require or imply that services must be contingent upon a Client’s participation in HMIS. Services should be provided to a client regardless of HMIS participation, provided the client would otherwise be eligible for services.

Data Purpose & Use Limitations
Each Partner Agency will use or disclose personal information for activities described in this part of the notice. The Partner Agency assumes that clients consent to the use or disclosure of personal information for the purposes described here and for other uses and disclosures that are determined to be compatible with these uses or disclosures:
a. To provide or coordinate services to a client.
b. For payment or reimbursement of services for the participating organization. c. For administrative purposes, including but not limited to HMIS system administrator(s) and developer(s), and for legal, audit, personnel, and oversight and management functions.
d. For creating de-identified PPI to disclose to a third party. e. To cooperate with a law enforcement official for a legitimate law enforcement purpose, consistent with applicable law and standards of ethical conduct, provided that such disclosure should be only the minimum amount of information necessary for the law enforcement official's immediate purpose, and the law enforcement official provides a Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

lawful justification for the request (such as a warrant). f. As authorized by law, for victims of abuse, neglect, or domestic violence. g. To prevent a serious threat to health or safety.
h. For academic research purposes but never published in an identifiable form. i. Other uses and disclosures of your PPI can be made with your written consent. j. A coroner, medical examiner or funeral director for the purpose of identifying a deceased person, determining a cause of death, or other duties as authorized by law. k. Where disclosure is required by law.
l. To cooperate with legitimate requests for data from California State agencies that will be used for research, policy development, and/or creation of state-wide data warehouses. m. For other purposes consistent with the ultimate goal of improving housing and homeless services that do not unduly burden the privacy rights of clients.

Each agency shall only solicit or input into HMIS client information that is essential to providing services to the client. Each agency shall not knowingly enter false or misleading data under any circumstance, nor use HMIS with intent to defraud federal, state or local governments, individuals or entities, or to conduct any illegal activity.

Access and Correction
Each Partner Agency must allow individuals to inspect and have a copy of their personal information that is maintained in HMIS in accordance with the HMIS Privacy Notice. Each agency must offer to explain any information that is not understood. Clients can exercise this right by making a written request to their social worker/case manager. Social workers/case managers can obtain assistance from their Agency Administrator, who can connect with the RED Team for additional support.

Within five (5) business days of the written request, the Partner Agency must provide the individual with:
 A correction of inaccurate or incomplete PPI;
 A copy of the consent form;
 A copy of the full HMIS Privacy Notice;
 A copy of the individual’s HMIS records; and,
 A current list of participating organizations that have access to your HMIS data.

Partner Agencies must consider a written request for correction of inaccurate or incomplete, personal information. If the agency agrees that the information is inaccurate or incomplete, the agency may delete it, may choose to mark it as inaccurate or incomplete, and to supplement it with additional information.

Each Partner Agency may deny the individual’s request for inspection or copying of personal information if:
a. Information was compiled in reasonable anticipation of litigation or comparable proceedings b. Information is about another client/consumer
c. Information was obtained under a promise of confidentiality and the disclosure would reveal the source of the information, or
Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

d. Disclosure of information would be reasonably likely to endanger the life or physical safety of any individual.

If the agency denies a request for access or correction, it must explain the reason for the denial and include documentation of the request and the reason for the denial. Each agency may reject repeated or harassing requests for access or correction.

Confidentiality
Each Partner Agency must maintain any/all personal information as required by federal, state, or local laws. Each Partner Agency shall ensure that all staff, volunteers and other persons who use HMIS are issued an individual User ID and password. Each Partner Agency shall ensure that all staff, volunteers and other persons issued a User ID and password for HMIS receive confidentiality training, HMIS training, and comply with CONTRA COSTA HMIS Policies and Procedures.

Revocation
Clients may revoke their consent for sharing information in HMIS at anytime. Agencies shall facilitate this revocation by providing the client with the Client Revocation of Consent form if requested. Agencies should assist clients with completing the form if needed. Once the client has completed the form, Agencies should email the form securely to [email protected].

Upon receipt of the revocation request, the Partner Agency shall remove the Client’s PPI from the shared HMIS database and prevent further PPI from being added. Partner Agency staff shall inform the Client that only information going forward will not be shared. PPI that the client previously authorized to be shared cannot entirely be removed from the HMIS database and will remain accessible to the limited number of organizations that provided the Client with direct services.

Protections for Victims of Violence, Dating Violence, Sexual Assault, and Stalking Victim Service Providers are prohibited from entering data into HMIS. Other agencies must take extra precautions when handling data from victims of domestic violence, dating violence, sexual assault, and stalking. A Partner Agency may disclose PPI about an individual whom it reasonably believes to be a victim of violence, dating violence, sexual assault, or stalking only to a government authority authorized by law to receive reports of abuse, neglect, or domestic violence where:
● Disclosure is required by law, and the disclosure complies with and is limited to the requirements of the law
● The individual agrees to the disclosure, or
● To the extent that the disclosure is expressly authorized by statute or regulation; and the Agency believes the disclosure is necessary to prevent serious harm to the individual or other potential victims; or if the individual is unable to agree because of incapacity, a law enforcement or other public official authorized to receive the report represents that the PPI for which disclosure is sought is not intended to be used against the individual and that an immediate enforcement Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

activity that depends upon the disclosure would be materially and adversely affected by waiting until the individual is able to agree to the disclosure.

A Partner Agency that makes a permitted disclosure about a domestic violence incident must promptly inform the individual that a disclosure has been or will be made, except if 1) the Partner Agency, in the exercise of professional judgment, believes informing the individual would place the individual at risk of serious harm; or 2) the Partner Agency would be informing a personal representative (such as a family member or friend), and the Partner Agency reasonably believes the personal representative is responsible for the abuse, neglect or other injury, and that informing the personal representative would not be in the best interests of the individual as determined by the Partner Agency in the exercise of professional judgment.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

VII. Appendix D: HMIS Privacy Notice
Contra Costa County’s Continuum of Care:

Homeless Management Information System (HMIS) PRIVACY NOTICE Brief Summary
[Effective 8/18/2020]
[Version 2]
This notice describes the privacy policy of the [ Name of Homeless Agency ]. We may amend this policy at any time and amendments may affect information obtained by the covered homeless organization before the date of change.

We collect personal information only when appropriate. We may use or disclose your information to provide you with services. We may also use or disclose it to comply with legal and other obligations. We assume that you agree to allow us to collect information and to use or disclose it as described in this notice, based on your consent provided in the CLIENT INFORMED CONSENT & RELEASE OF INFORMATION AUTHORIZATION. You can inspect personal information about you that we maintain. You can also ask us to correct inaccurate or incomplete information. You can ask us about our privacy policy or practices. We respond to questions and complaints. Read the full notice for more details. Anyone can have a copy of the full notice upon request.

THIS PRIVACY NOTICE EXPLAINS UNDER WHAT CIRCUMSTANCES WE MAY

SHARE AND DISCLOSE YOUR INFORMATION FROM CONTRA COSTA
COUNTY’S
HMIS. THIS NOTICE ALSO EXPLAINS YOUR RIGHTS REGARDING YOUR CONFIDENTIAL INFORMATION.

PLEASE REVIEW THIS CAREFULLY.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

Contra Costa County’s Continuum of Care:

Homeless Management Information System PRIVACY NOTICE
Full Notice
[Effective 8/18/2020]
[Version 2]
Please review this notice carefully. If you have difficulty reading this notice, please ask for assistance.

A. What This Notice Covers

1. This notice describes the policy and practices of [ Name of Homeless Agency ]. Our main office is at [address, email/web address, telephone].

2. The policy and practices in this notice cover the process of protected personal information for clients of [Name of Homeless Agency].

Our organization collects and shares information about individuals who access our services. The information is confidentially stored in a local electronic database called the Contra Costa County Homeless Management Information System (CCC HMIS). The CCC HMIS securely records information (data) about persons accessing housing and homeless services in Contra Costa County. This Privacy Notice explains how we process confidential personal information that we collect about you and your family. This confidential information is referred to as Protected Personal Information (PPI). We are required to protect the privacy of your PPI by complying with the privacy practices described in this Privacy Notice.

B. Why We Collect and Share Information
When you request or receive services from this program, we ask for information about you.

This information helps us continuously improve services to people experiencing homelessness by:

1. Efficiently coordinating the most effective services for you and your family;

2. Better understanding homelessness in your community;

3. Assessing the types of resources needed in your local area; and

4. Tracking whether needs are being met in your community.

By collecting your information for HMIS, we are able to generate aggregate statistical reports requested by the Department of Housing and Urban Development (HUD).

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

C. The Type of Information We Collect and Share in the HMIS We collect and share PPI and general information obtained during your intake assessment, contact assessments while engaged with services, and exit assessments, including but not limited to:

1. Name and contact information

2. Social security number

3. Birthdate

4. Demographic information such as gender and race/ethnicity

5. History of homelessness and housing (including current housing status and where and when services have been accessed for both you and your family members)

6. Self-reported medical history including any mental health and substance use issues

7. Case notes and services

8. Case manager's contact information

9. Income sources and amounts; healthcare benefits; and non-cash benefits

10. Veteran status

11. Disability status

12. Household composition

13. Emergency contact information

14. Domestic violence history

15. Criminal history
D. How Your PPI Is Secured in the HMIS
The information you provide is entered into a computer program called the Homeless Management Information System (HMIS). This computer program operates over the Internet and is managed by the HMIS lead agency in Contra Costa County: the Health, Housing and Homeless Services Division of Contra Costa Health Services (H3). This agency is required by law to maintain the privacy of protected personal information and to provide you with notice of their legal duties and privacy practices with respect to protected personal information. The HMIS uses many security protections to ensure the safety and confidentiality of your information.

Your information is protected by passwords and encryption technology. Each HMIS user and participating organization must sign an agreement to maintain the security and privacy of your information and participate in training courses to ensure protection and security of your information. If an HMIS user or participating organization violates the agreement, their access rights may be terminated and may be subject to further penalties pursuant to applicable state and federal privacy laws.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

E. How PPI May Be Shared and Disclosed
Unless restricted by other laws, the information we collect can be shared and disclosed under the following circumstances:

1. To provide or coordinate services to a client.

2. For payment or reimbursement of services for the participating organization.

3. For administrative purposes, including but not limited to HMIS system administrator(s) and developer(s), and for legal, audit, personnel, and oversight and management functions.

4. For creating de-identified PPI to disclose to a third party.

5. To cooperate with a law enforcement official for a legitimate law enforcement purpose, consistent with applicable law and standards of ethical conduct, provided that such disclosure should be only the minimum amount of information necessary for the law enforcement official's immediate purpose, and the law enforcement official provides a lawful justification for the request (such as a warrant).

6. As authorized by law, for victims of abuse, neglect, or domestic violence.

7. To prevent a serious threat to health or safety.

8. For academic research purposes but never published in an identifiable form.

9. Other uses and disclosures of your PPI can be made with your written consent.

10. A coroner, medical examiner or funeral director for the purpose of identifying a deceased person, determining a cause of death, or other duties as authorized by law.

11. Where disclosure is required by law.

12. To cooperate with legitimate requests for data from California State agencies that will be used for research, policy development, and/or creation of state-wide data warehouses.

13. For other purposes consistent with the ultimate goal of improving housing and homeless services that do not unduly burden the privacy rights of clients.

F. Providing Your Consent for Sharing PPI in the HMIS
In addition to providing you this Privacy Notice, we will also obtain your written consent through a Release of Information unless an exception applies. Exception: In a situation where we are gathering PPI from you during a phone screening, street outreach, or community access center sign-in, your verbal consent can be used to share your information in HMIS. If we obtain your verbal consent, you will be requested to provide written consent during your initial assessment. If you do not appear for your initial assessment, your information will remain in HMIS until you revoke your consent in writing.

You have the right not to provide protected personal information to an agency. You may exercise your right of privacy by not answering any or all of the personal questions asked by the agency. You will not be denied services for not answering questions regarding your protected personal information, unless federal statute requires that your data must be shared as a condition of program participation.

G. How to Revoke Your Consent for Sharing Information in the HMIS You may revoke your consent at any time. Your revocation must be provided either in writing or by completing the Client Revocation of Consent form. You may receive help to complete this form.

Upon receipt of your revocation, we will remove your PPI from the shared HMIS database and prevent further PPI from being added. The PPI that you previously authorized to be shared cannot be entirely removed from the HMIS database and will remain accessible to the limited number of organization(s) that provided you with direct services.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

Your Rights to Your Information in the HMIS
You have the right to receive the following, no later than five (5) business days of your written request:

1. A correction of inaccurate or incomplete PPI;

2. A copy of your consent form;

3. A copy of the full CCC HMIS Privacy Notice;

4. A copy of your HMIS records; and

5. A current list of participating organizations that have access to your HMIS data.

We are required to explain any information that you may not understand (HMIS Privacy and Security Standards §4.2.5). You can exercise these rights by making a written request, either written by yourself or by someone designated on your behalf. You can either email or mail your written request:
 Email written request to: [email protected];
or
 Mail the request to: H3 Research, Evaluation, and Data Team 2400 Bisso Lane, Suite D, 2nd Floor
Concord, CA 94520
Your Privacy Rights Regarding Your Information in the HMIS If you believe your privacy rights have been violated, you may send a written grievance, either written by yourself or someone you designated on your behalf, to [Enter agency name, email address, and/or mailing address]. This agency has the responsibility to notify the HMIS lead agency (H3) of the grievance within 3 business days of receipt. You will not be retaliated against for filing a grievance. If your grievance is not resolved to your satisfaction, you may send a written grievance appeal to the Research, Evaluation, and Data team at [email protected]. If there is a need to escalate the complaint/grievance, it will be taken to the Contra Costa Oversight Committee for further investigation. The Oversight Committee will review the complaint/grievance and provide recommendations on the solution. If a solution can be reached, the grievance is closed.

Amendments to this Privacy Notice
The policies in this notice may be amended by the HMIS lead agency at any time. These amendments may affect information obtained by this organization before the date of the change. Amendments regarding use or disclosure of PPI will apply to information (data) previously entered in HMIS, unless otherwise stated. All amendments to this privacy notice must be consistent with the requirements of the federal HMIS privacy standards. This organization must keep permanent documentation of all privacy notice amendments.

Contra Costa CoC HMIS Governance Charter and HMIS Policies & Procedures Rev. 1.3 May 06, 2021

VIII. Appendix E: Supporting Forms and Documents
Supporting Forms and Documents
The following forms and documents related to HMIS operations can be found at:
https://cchealth.org/h3/coc/partners.php.
 Contra Costa HMIS Access Application Form
 Client Informed Consent and Release of Information Authorization  Release of Information Client Benefits
 Standardized Intake Form
 Contra Costa County’s Continuum of Care HMIS Privacy Notice  HMIS Client Revocation of Consent
 Contra Costa HMIS Data Collection Guide
 Clarity HMIS Workflow End User Training (Clarity's User's Manual) 82595.00018\40153964.3
Exhibit B

EXHIBIT B

TWO YEAR BUDGET
Total 2 Year Budget
Personnel
Position FTE*
Program Manager 1 200,000.00$
Housing Locators/Care Coordinators 2 208,000.00$
Residential Counselors 7 698,880.00$
Quality Improvement Administrator 0.25 27,040.00$
283,480.00$
1,417,400.00$
Services and Supplies
170,000.00$
24,000.00$

25,000.00$
20,000.00$
15,000.00$
2,500.00$
50,000.00$
7,000.00$
600,000.00$
913,500.00$
233,090.00$
TOTAL BUDGET 2,563,990.00$
*FTE reflects the staff time that will be allocated towards NCBH program.

SUBTOTAL
Administrative Expenses
Indirect Costs (10% maximum)
BACS Two Year Budget
for Non-Congregate Bridge Housing Program
Category

SUBTOTAL

SUBTOTAL
Benefits and Taxes (@ 20%)
Communications
Equipment
Office Supplies and Expenses
Program Supplies
Participant Supplies (Laundry, Transportation Passes, Clothing, etc.) Participant Meals/Food (45 meals 1x daily at $4/meal and add'l snacks) Flex Funds associated with Permanent Housing Exit Assistance Insurance
Staff Transportation
82595.00018\40153964.3
Exhibit C
1 E

XHIBIT C

FEDERAL PROVISIONS

1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) A ppendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Agreement include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (c) Appendix II to Part 200 (D) – Da
vis-Bacon Act: Not applicable to this Agreement
since it is funded by the CLFRF.
(d) Appendix II to Part 200 (D) – C opeland “Antti-Kickback” Act: Not applicable t o this Agreement since it is funded by the CLFRF.
(e) Appendix II to Part 200 (E) – C ontract Work Hours and Safety Standards Act :

Pursuant to section 3701 of title 40 of the United States Code, this Section C shall apply to Contractor in the event the amount payable under this Agreement exceeds $100,000 and may involve the employment of mechanics or laborers.
(i) Overtime
requirements . No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages . In the event of any violation of the clause set forth in paragraph (1) of this section Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the Dist rict of Columbia or a territory , to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours 82595.00018\40153964.3
Exhibit C
2 without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(iii) W ithholding for unpaid wages and liquidated damages . City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by Contractor or subcontractor under any such contract or any other Federal contrac t with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph ( ii) of this section.
(iv) Subcontracts. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (i) through (iii) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (i) through (iii) of this section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:

If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the subst itution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the Federal awarding agency.

The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. (g) A
ppendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this Agreement is in excess of $150,000, Contractor shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). (i) P ursuant to the Clean Air Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection 82595.00018\40153964.3

Exhibit C
3 Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Ex ecutive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C. F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
(iv) Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Contractor also agrees to verify that all subcontractors performing work under this Contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above.

Contractor further agrees to notify the City in writing immediately if Contractor or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (I) – Byrd Ant i-Lobbying Act: If this Agreement is in excess of $100,000, Contractor shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the Agre ement term funding exceeds $100,000.00, Contractor shall file with the City the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in 82595.00018\40153964.3

Exhibit C
4 connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Contractor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the pr eceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price.
(iii) Information about this requirement, along with the list of EPA -designate items, is available at EPA’s Comp rehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibiti on on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Contractor shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement . As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunica tions equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with t he 82595.00018\40153964.3

Exhibit C
5 Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Contractor shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer - based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Contractor shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority fir ms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total re quirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. 82595.00018\40153964.3

Exhibit C
6 Contractor shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

Total 2 Year Budget
Personnel
Position FTE*
Program Manager 1 200,000.00$
Housing Locators/Care Coordinators 2 208,000.00$
Residential Counselors 7 698,880.00$
Quality Improvement Administrator 0.25 27,040.00$
283,480.00$
1,417,400.00$
Services and Supplies
170,000.00$
24,000.00$
25,000.00$
20,000.00$
15,000.00$
2,500.00$
50,000.00$
7,000.00$
600,000.00$
913,500.00$
233,090.00$
TOTAL BUDGET 2,563,990.00$
*FTE reflects the staff time that will be allocated towards NCBH program.

SUBTOTAL
Administrative Expenses
Indirect Costs (10% maximum)
BACS Two Year Budget
for Non-Congregate Bridge Housing Program
Category

SUBTOTAL

SUBTOTAL
Benefits and Taxes (@ 20%)
Communications
Equipment
Office Supplies and Expenses
Program Supplies
Participant Supplies (Laundry, Transportation Passes, Clothing, etc.) Participant Meals/Food (45 meals 1x daily at $4/meal and add'l snacks) Flex Funds associated with Permanent Housing Exit Assistance Insurance
Staff Transportation

ATTACHMENT C

PROGRAM DESCRIPTION FOR NON-CONGREGATE BRIDGE HOUSING SITE 515 EAST 18TH STREET, ANTIOCH, CA
Overview of the Program Model . The site will be operated as a Non -Congregate Bridge Housing program for people in Antioch who are unhoused. “Non-congregate” refers to the facility configuration - each participant in the program will have a room. “Bridge Housing” means that the program offers a short- term place to stay while participants “bridge” to more permanent housing. Participants will receive intensive support services from a highly experienced non -profit service provider to help them stabilize and develop a plan to secure housing.

Target Population and Program Size . Participants in the program will all be adults age 18 or older.

Each room in the program will be occupied either by 1 or 2 adults. There will be no minors allowed in the program. The program will have the capacity to serve 45 adult participants at one time. There is no fixed time limit for stays but participants are anticipated to stay between 120 days and 180 days.

Program Operations and Community Safety . The program will be operated by a non -profit service provider under contract with the City of Antioch. The service provider will have staff on-site 24 hours per day, 7 days per week. Staff responsibilities will include: enrolling participants, ensuring participants are following program rules, maintaining the safety of participants and the community, and providing supportive services. Staff are trained in conflict resolution, de-escalation, and other safety protocols. In the event of an emergency or situation that requires an urgent response, staff will call 911.

Th
e property includes p erimeter fencing and a ccess to the site will be monitored 24/7. Only staff, participants and approved guests will be permitted to access the property. Participants will be able to bring pets and a reasonable number of belongings when they move into the program.

Th
e service provider will be responsibl e for naming a staff point of contact for the community and for meeting as needed with neighbors and other community stakeholders to answer questions and address any neighborhood concerns about the program.

Supportive Services. Each participant will work with a case manager and housing specialist who will help to develop a service plan , as well as a plan to secure housing. The service provider will support participants in accessing a wide range of community-based services:
• Em
ployment and job training services
• Health care
• Behavioral health services (mental health services and substance use recovery) • Transportation assistance
• Legal services
Me
als and laundry will also be provided on-site.

ATTACHMENT D

10 Agenda Item #

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of July 26, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Nickie Mastay, Administrative Services Director

APPROVED BY: Cornelius Johnson, Interim City Manager
RBM for CJ

SUBJECT: New Class Specifications, Assigning Salary Ranges, Assigning the Classifications to the Bargaining Units

RECOMMENDED ACTION
It is recommended that the City Council take the following actions:

1) Adopt a Resolution Approving the New Class Specification for Principal Executive Assistant Assigning a Salary Range, Assigning the Classification to the Management – Mid/Professional Bargaining Unit.

2) Adopt a Resolution Approving the New Class Specification for Human Resources Specialist, Assigning a Salary Range, Assigning the Classification to the Confidential Bargaining Unit.

FISCAL IMPACT
Below is the annual cost of each Class Specification:

The salary range (without benefits) for one (1) Principal Executive Assistant is $100,212 - $121,812. The total annual range of cost of funding (1) Principal Executive Assistant is (Step A – Step E) $ 197,518 - $233,920. The net cost to the General Fund for this promotional position is estimated to be a $24,505 cost increase over the current FY23 budgeted cost of a Senior Executive Assistant.

The salary range (without benefits) for one (1) Human Resources Specialist is $76,860 - $93,420. The total annual range of cost of funding (1) Human Resources Specialist is (Step A – Step E) $155,175 - $182,332. The net cost to the General Fund of this promotional position is estimated to be $16,443 increase over the current FY23 budgeted cost of a Human Resources Technician.

Antioch City Council Report
July 26, 2022 Agenda Item 10 2

DISCUSSION

The following class specifications are proposed for establishment:

Principal Executive Assistant
The Principal Executive Assistant class specification will be part of the career path for Senior Executive Assistant and creates an intermediate role between Senior Executive Assistant and the Assistant to the City Manager classification. Some of the duties include:
• Manage and train clerical and administrative support staff. Plan and organize work activities; recommend improvements in workflow, procedures, and use of equipment and forms; implement improvements as approved; develop and revise office forms and report formats as required; organize and maintain filing systems. • Project lead for City website. Work closely with webmaster and City departments team to execute appropriate changes needed to create navigation and optimization that guides users with ease, more effortless scrolling, visually appealing images, clear buttons, City Happenings slider and social media quick links and language options. • Manage social media, overseeing department campaigns, content creation, design and proper use of City Wordmark, responding to public inquiries. Monitors website to determine consolidation of information onto the City Facebook page. • Assist in assembling and preparing the annual budget for the City Manager’s office; monitor expenditures against budget; prepare purchase requisitions and requests for payment. Track all purchase orders with the City Manager ’s department for timely payments and changes to agreements and amendments.
• Serve as primary liaison for City events, including, but not limited to, Groundbreaking Ceremonies, Mayor’s Conference, State of the City Addresses, Key to the City presentations, Ribbon Cutting events.
• Provide assist ance for various committees, prepare correspondence materials to residents, participating in discussions and critical decision making.

Please refer to Attachment A – Exhibit 1 for the details of the Principal Executive Assistant Class Specification.

Human Resources Specialist
The Human Resources Specialist Class Specification will be part of the career path for the Human Resources Technician and creates an intermediate role between Human Resources Technician and the Human Resources Analyst classification. Some of the duties include:
• Coordinate the performance evaluation process; send appropriate reminders; modify evaluation information for leaves, promotions, transfers and other changes; prepare appropriate personnel action forms; maintain an electronic tracking system for performance evaluations.
• Conduct salary surveys and respond to requests from other agencies; calculate salary adjustments according to MOUs and other contracts or agreements; update salary schedules and prepare corresponding personnel action forms.

Antioch City Council Report
July 26, 2022 Agenda Item 10 3
• Provide assistance with workers compensation and safety program; process claims, conduct follow-up with supervisors, prepare and distribute forms and documents and facilitate safety meetings.

Please refer to Attachment B – Exhibit 1 for the Human Resources Specialist Class Specification.

ATTACHMENTS
A. Resolution
Exhibit 1 to Resolution – Principal Executive Assistant Class Specification

B. Resolution
Exhibit 1 to Resolution – Human Resources Specialist Class Specification

RES
OLUTION NO. 2022/**
RES

OLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

APPROVING A NEW CLASS SPECIFICATION FOR PRINCIPAL EXECUTIVE

ASSISTANT, ASSIGNING A SALARY RANGE, AND ASSIGNING THE

CLASSIFICATION TO THE MANAGEMENT (MID/PROFESSIONAL) BARGAINING UNIT
WHE
REAS, the City has an interest in the effective and efficient management of the classification plan;
WHE
REAS, staff has determined that a New Classification of Principal Executive Assistant is needed;
WHE
REAS, for internal equity purposes the recommended salary ra nge for t he Principal Executive Assistant Classification is $8,351 - $10,151 per month; WHE
REAS, the Management Bargaining Unit has reviewed and approved the Class Specification; and
WHE
REAS, the Principal Executive Assistant Class Specification will be assigned to the Management (Mid/Professional) Bargaining Unit.

NOW
, THEREFORE, BE IT RESOLVED by the City Council of the City of Antioch as follows:

Se
ction 1. That the Class Specification for the classification of Principal Executive Assistant, attached hereto as “Exhibit 1”, be approved and added to the City of Antioch Employees’ Classification System;
Se
ction 2. That the Principal Executive Assistant Classification be assigned a monthly salary range of $8,351 - $10,151; and
Sect
ion 3. That the Principal Executive Assistant Classification be assigned to the Management (Mid/Professional) Bargaining Unit.
* * * * * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 26th day of July, 2022, by the following vote:

AYES:

NO
ES:

ABSE
NT:
_____________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

ATTACHMENT A