Cities Index.
Agenda packet

Corona City Council
November 20, 2024

Document
Agenda packet
Meeting
November 20, 2024
Body
Corona City Council
Pages
1,895
Original file
95.9 MB
Text extracted from the city's file for reading and search. Open the original on pub-corona.escribemeetings.com. That file is the official record.

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v. Consultant Activities. No person providing consultant services in an employeremployee type relationship shall receive more than a reasonable rate of compensation for personal services paid with ARPA funds. w. Uniform Administrative Requirements of 2 CFR Part 200 as now in effect and as may be amended from time to time. Federal awards expended as a recipient or a subrecipient, as defined therein, would be subject to single audit. The payments received for goods or services provided as a vendor would not be considered Federal awards.
x. GRANTEE shall include written agreements that include all provisions of Section 17 if GRANTEE provides ARPA Grant funds to for-profit owners or developers, non-profit owners or developers, sub-recipients, homeowners, homebuyers, tenants receiving tenant-based rental assistance, or contractors. y. Immigration requirements of Federal Register, Vol. 62, No. 221, Department of Justice Interim Guidance on Verification of Citizenship, Qualified Alien Status and Eligibility Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (“PRWORA”). Final Attorney General’s Order issued pursuant to PRWORA is specified under Federal Register Vol. 66, No. 10, Department of Justice Final Specification of Community Programs Necessary for Protection of Life or Safety Under Welfare Reform Legislation.
z. Build America, Buy America (BABA) Act: The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the

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applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver.
aa. Violence Against Women Act (VAWA): VAWA provides housing protections for survivors of domestic and dating violence, sexual assault and stalking (‘domestic violence”). VAWA 2022 reauthorizes, amends, and strengthens the VAWA of 1994, as amended (Pub. L. 103-322, tit. IV, sec. 40001-40703; 34 U.S.C. 12291 et seq.) HUD’s implementing regulations for VAWA’S protections, rights, and responsibilities are codified in 24 CFR part 5, subpart L, and related provisions in HUD’s program regulations (HUD’s VAWA regulations). VAWA 2022 amendments took effect on October 1, 2022 and 2022 VAWA’s reauthorization includes new implementation requirements.

Grantees, subrecipients and developers shall ensure compliance with all requirements of VAWA including but not limited to: (a) Assure domestic violence survivors are not denied assistance as an applicant, or evicted, or have assistance terminated as a tenant because applicant or tenant is or has been a victim of domestic violence; (b) Implement an emergency transfer plan allowing domestic violence survivor to move to another safe and available unit; (c) Provide protections against denial, terminations, and evictions that directly result from being a victim of domestic violence; (d) Implement a low barrier certification process and allow self-certification of domestic violence bb. GRANTEE shall comply with all applicable local, state and federal laws in addition to the above-mentioned laws.

18. PROJECT TARGETING REQUIREMENTS. GRANTEE shall make the Project available to people that are experiencing homelessness, at risk of homelessness, or experiencing housing insecurity (“Qualified Population”). If GRANTEE intends to use the Project for a use other than to provide shelter and services to the Qualified Populations, GRANTEE shall utilize the Property for another ARPA-Eligible Activity. GRANTEE shall provide COUNTY with sixty

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(60) days notice of conversion for another ARPA-Eligible Activity. The approval of the alternate ARPA-Eligible Activity shall not be unreasonably withheld by COUNTY and must comply with ARPA Rules. If the Project is not used to provide shelter and services to the Qualified Populations and GRANTEE does not intend to use the Property for another ARPA-Eligible Activity, then COUNTY and GRANTEE mutually agree that this Agreement will self-terminate and any ARPA Grant funds drawn shall be returned within thirty (30) calendar days. Upon such termination, this Agreement shall become null and void. COUNTY and GRANTEE shall be released and discharged respectively from their obligations under this Agreement. All cost incurred by each party on the Project will be assumed respectively.

19. ENVIRONMENTAL CLEARANCES. GRANTEE shall be responsible for obtaining any and all permit approvals, environmental clearances in connection with the Project funded with ARPA Grant funds, in compliance with the California Environmental Quality Act, and including but not limited to, any and all applicable federal and state environmental laws and regulations.

20. RESERVED.

21. FEDERAL REQUIREMENTS. GRANTEE shall comply with the provisions of the ARPA Rules, and all applicable federal regulations and guidelines now or hereafter enacted pursuant to the Act in addition to the federal provisions set forth in Section 17 and in this Agreement.

22. SALE, ASSIGNMENT OR OTHER TRANSFER OF THE PROJECT.

GRANTEE hereby covenants and agrees not to sell, assign, transfer or otherwise dispose of the Project or any portion thereof, without obtaining the prior written consent of the COUNTY, which consent shall be conditioned upon receipt by the COUNTY of reasonable evidence satisfactory to the COUNTY in its sole discretion, that transferee has assumed in writing and in full, and is reasonably capable of performing and complying with the GRANTEE’s duties and obligations under this Agreement, provided, however Grantee shall not be released of all obligations hereunder which accrue from and after the date of such sale.

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23. INDEPENDENT CONTRACTOR. GRANTEE and its agents, servants and employees shall act at all times in an independent capacity during the term of this Agreement, and shall not act as, shall not be, nor shall they in any manner be construed to be agents, officers, or employees of COUNTY.

24. NONDISCRIMINATION. Grantee shall not discriminate, exclude from participation or deny benefits on the basis of race, color, national origin, religion, or sex with respect to any program or activity receiving Federal financial assistance made available pursuant to the SLFRF. In addition, GRANTEE shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, age or disability in the solicitation, selection, hiring or treatment of any contractors or consultants, to participate in subcontracting/subconsulting opportunities. GRANTEE understands and agrees that violation of this clause shall be considered a material breach of this Agreement and may result in termination, debarment or other sanctions. This language shall be incorporated into all contracts between GRANTEE and any contractor, consultant, subcontractor, subconsultants, vendors and suppliers.

GRANTEE shall comply with the provisions of the California Fair Employment and Housing Act (Government Code Sections 12900 et seq.), the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended, and all Administrative Rules and Regulations issued pursuant to said Acts and Orders with respect to its use of the Property.

GRANTEE herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that this Covenant is made and accepted upon and subject to the following conditions: There shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall the transferee itself or any person claiming under or through him or her, establish or permit any

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such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of the Property.

GRANTEE, its successors and assigns, shall refrain from restricting the rental, sale, or lease of the Property or any portion thereof, on the basis of race, color, creed, religion, sex, sexual orientation, marital status, national origin, or ancestry of any person. Every deed, lease, and contract entered into with respect to the Project and the Property, or any portion thereof, after the date of this Agreement shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
a. In deeds: “The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.” b. In leases: “The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases

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are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.”
c. In contracts: “There shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the land, nor shall the transferee itself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of the land.” In addition to the obligations and duties of GRANTEE set forth herein, GRANTEE shall, upon notice from COUNTY, promptly pay to COUNTY all fees and costs, including administrative and attorneys’ fees, incurred by COUNTY in connection with responding to or defending any discrimination claim brought by any third party and/or local, state or federal government entity, arising out of or in connection with this Agreement or the Covenant Agreement attached hereto.

25. PROHIBITION AGAINST CONFLICTS OF INTEREST:
a. GRANTEE and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the

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conflict of interest provisions of the COUNTY, attached hereto and incorporated herein by this reference as Exhibit H, those provisions contained in the ARPA Rules, and any applicable regulations promulgated by the Treasury Department related to conflict of interest, attached hereto as Exhibit H.
b. Reserved.
c. Prior to any funding under this Agreement, GRANTEE shall provide COUNTY with a list of all employees, agents, consultants, officers and elected and appointed officials who are in a position to participate in a decision-making process, exercise any functions or responsibilities, or gain inside information with respect to the ARPA activities funded under this Agreement. GRANTEE shall also promptly disclose to COUNTY any potential conflict, including even the appearance of conflict that may arise with respect to the ARPA activities funded under this Agreement.
d. Any violation of this section shall be deemed a material breach of this Agreement, and the Agreement shall be immediately terminated by COUNTY.

26. RESERVED.

27. PROJECT MONITORING AND EVALUATION.
a. Inspections. During the Affordability Period, COUNTY will perform on-site inspections of the Project to determine compliance with the property standards and to verify the information submitted by the owners in accordance with requirements. The on-site inspections must occur within 12 months after Covenant Agreement and at least once every 3 years thereafter during the Affordability Period. If there are observed deficiencies for any of the inspectable items in the property standards established by COUNTY, a followup on-site inspection to verify that deficiencies are corrected must occur within 12 months. COUNTY may establish a list of non-hazardous deficiencies for

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which correction can be verified by third party documentation (e.g., paid invoice for work order) rather than re-inspection. Health and safety deficiencies must be corrected immediately. COUNTY must adopt a more frequent inspection schedule for properties that have been found to have health and safety deficiencies.

28. MONITORING FEE. GRANTEE shall not be required to pay an annual compliance monitoring fee to the COUNTY.

29. ACCESS TO PROJECT SITE. COUNTY, state and/or federal awarding agencies shall have the right to access the Project site and the Property at all reasonable times, and upon completion of the Project upon reasonable written notice to GRANTEE, to review the operation of the Project in accordance with this Agreement.

30. EVENTS OF DEFAULT. The occurrence of any of the following events shall constitute an "Event of Default" under this Agreement:
a. Monetary Default. (1) GRANTEE’s failure to pay when due any sums payable under this Agreement or the Covenant Agreement; (2) GRANTEE’s or any agent of GRANTEE’s use of ARPA Grant funds for costs other than those costs permitted under this Agreement or for uses inconsistent with terms and restrictions set forth in this Agreement and the ARPA Rules; (3) GRANTEE’s or any agent of GRANTEE’s failure to make any other payment of any assessment or tax due under this Agreement, and /or (4) default under the terms of any senior loan documents or any other instrument or document secured against the Property or the Project;
b. Non-Monetary Default. (1) Discrimination by GRANTEE or GRANTEE's agent(s) on the basis of characteristics prohibited by this Agreement or applicable law; (2) the imposition of any encumbrances or liens on the Project without COUNTY’s prior written approval that are prohibited under this Agreement (3) GRANTEE’s failure to obtain and maintain the insurance

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coverage required under this Agreement;(4) any material default under this Agreement, the Covenant Agreement, the ARPA Rules, or any document executed by the County in connection with this Agreement, and /or (5) a default under the terms of any senior loan documents or any other instrument or document secured against the Property or the Project;
c. General Performance of Obligations. Any substantial or continuous or repeated breach by GRANTEE or GRANTEE’s agents of any material obligations of GRANTEE under this Agreement;
d. General Performance of Other Obligations. Any substantial or continuous or repeated breach by GRANTEE or GRANTEE’s agents of any material obligations of GRANTEE related to the Project imposed by any other agreement with respect to the financing, development, or operation of the Project; whether or not COUNTY is a party to such agreement; but only following any applicable notice and cure periods with respect to any such obligation;
e. Representations and Warranties. A determination by COUNTY that any of GRANTEE's representations or warranties made in this Agreement, any statements made to COUNTY by GRANTEE, or any certificates, documents, or schedules supplied to COUNTY by GRANTEE were false in any material respect when made, or that GRANTEE concealed or failed to disclose a material fact to COUNTY.
f. Damage to Project. In the event that the Project is materially damaged or destroyed by fire or other casualty, and GRANTEE receives an award or insurance proceeds sufficient for the repair or reconstruction of the Project, and GRANTEE does not use such award or proceeds to repair or reconstruct the Project.

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g. Bankruptcy, Dissolution and Insolvency. GRANTEE's or general partner and co-general partner of GRANTEE's (1) filing for bankruptcy, dissolution, or reorganization, or failure to obtain a full dismissal of any such involuntary filing brought by another party before the earlier of final relief or ninety (90) days after such filing; (2) making a general assignment for the benefit of creditors; (3) applying for the appointment of a receiver, trustee, custodian, or liquidator, or failure to obtain a full dismissal of any such involuntary application brought by another party before the earlier of final relief or ninety (90) days after such filing; (4) insolvency; or (5) failure, inability or admission in writing of its inability to pay its debts as they become due.

31. NOTICE OF DEFAULT AND OPPORTUNITY TO CURE. Formal notices, demands and communications between the COUNTY and the GRANTEE shall be sufficiently given if dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the COUNTY and the GRANTEE, as designated in Section 53, below.

Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section 31. Any notice that is transmitted by electronic facsimile transmission followed by delivery of a “hard” copy, shall be deemed delivered upon its transmission; any notice that is personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of receipt by the recipient; and any notice that is sent by registered or certified mail, postage prepaid, return receipt required shall be deemed received on the date of delivery thereof.
a. Subject to the Force Majeure Delay, as provided in Section 9, failure or delay by GRANTEE to perform any term or provision of this Agreement constitutes a default under this Agreement. GRANTEE must immediately commence to

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cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy with reasonable diligence.
b. COUNTY shall give written notice of default to GRANTEE, specifying the default complained of by COUNTY. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. Except as otherwise expressly provided in this Agreement, any failures or delays by COUNTY in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by COUNTY in asserting any of its rights and remedies shall not deprive COUNTY of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
c. If a monetary event of default occurs, prior to exercising any remedies hereunder, COUNTY shall give GRANTEE written notice of such default.

GRANTEE shall have a period of ten (10) days after such notice is given within which to cure the default prior to exercise of remedies by COUNTY. d. If a non-monetary event of default occurs, prior to exercising any remedies hereunder, COUNTY shall give GRANTEE written notice of such default. If the default is reasonably capable of being cured within thirty (30) days, GRANTEE shall have such period to effect a cure prior to exercise of remedies by COUNTY. If the default is such that it is not reasonably capable of being cured within thirty (30) days, and GRANTEE (i) initiates corrective action within said period, and (ii) diligently, continually, and in good faith works to effect a cure as soon as possible, then GRANTEE shall have such additional time as is reasonably necessary to cure the default prior to exercise of any remedies by the injured party, but in no event no more than sixty (60) days from the date of the notice of default. In no event shall COUNTY be precluded from

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exercising remedies if its security becomes or is about to become materially jeopardized by any failure to cure a default or the default is not cured within sixty (60) days after the first notice of default is given. e. Any cure tendered by GRANTEE’S Affiliate shall be accepted or rejected on the same basis as if tendered by GRANTEE.

32. COUNTY REMEDIES. Upon the occurrence of an Event of Default, after notice and opportunity to cure, COUNTY's obligation to disburse ARPA Grant funds shall terminate, and COUNTY shall also have the rights and remedies permitted by this Agreement or applicable law, proceed with any or all of the following remedies in any order or combination COUNTY may choose in its sole discretion:
a. Terminate this Agreement, in which event the entire ARPA Grant amount as well as any other monies advanced to GRANTEE by COUNTY under this Agreement including administrative costs, shall immediately become due and payable to COUNTY at the option of COUNTY.
b. Bring an action in equitable relief (1) seeking the specific performance by GRANTEE of the terms and conditions of this Agreement, and/or (2) enjoining, abating, or preventing any violation of said terms and conditions, and/or (3) seeking declaratory relief.
c. Enter the Project and take any remedial actions necessary in its judgment with respect to hazardous materials that COUNTY deems necessary to comply with hazardous materials laws or to render the Project suitable for occupancy, which costs shall be due and payable by GRANTEE to COUNTY.
c. Pursue any and all other remedies allowed at law or in equity.

33. RESERVED.

34. GRANTEE’S WARRANTIES. GRANTEE represents and warrants (1) that it has access to professional advice and support to the extent necessary to enable GRANTEE to fully comply with the terms of this Agreement, and to otherwise carry out the Project, (2) that it is duly

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organized, validly existing and in good standing under the laws of the State of California, (3) that it has the full power and authority to undertake the Project and to execute this Agreement, (4) that the persons executing and delivering this Agreement are authorized to execute and deliver such documents on behalf of GRANTEE and (5) that neither GRANTEE nor any of its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in connection with the transaction contemplated by this Agreement.

35. GRANTEE’S CERTIFICATION. GRANTEE certifies, to the best of its knowledge and belief, that:
a. No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, review, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
b. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
c. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that GRANTEE shall certify and disclose accordingly. This certification is a

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material representation of fact upon which reliance was placed when this transaction was made or entered into.

36. HOLD HARMLESS AND INDEMNIFICATION. GRANTEE shall indemnify and hold harmless the County of Riverside, its Agencies, Boards, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (collectively the “Indemnified Parties”) from any liability whatsoever, based or asserted upon any services of GRANTEE, its officers, employees, subcontractors, agents or representatives arising out of their performance under this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever arising from the performance of GRANTEE, its officers, agents, employees, subcontractors, agents or representatives under this Agreement. GRANTEE shall defend, at its sole expense, all costs and fees including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards, the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any claim or action based upon such alleged acts or omissions.

With respect to any action or claim subject to indemnification herein by GRANTEE, GRANTEE shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes GRANTEE’S indemnification to COUNTY as set forth herein.

GRANTEE’s obligation hereunder shall be satisfied when GRANTEE has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.

The specified insurance limits required in this Agreement shall in no way limit or circumscribe GRANTEE’s obligations to indemnify and hold harmless COUNTY herein from third party claims.

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In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve GRANTEE from indemnifying COUNTY to the fullest extent allowed by law.

GRANTEE’s obligations set forth in this Section 36 shall survive the expiration or earlier termination of this Agreement.

37. TERMINATION.
a. GRANTEE. GRANTEE may terminate this Agreement prior to disbursement of any ARPA Grant funds by COUNTY in accordance with the applicable ARPA Rules.
b. COUNTY. Notwithstanding the provisions of Section 37(a), COUNTY may suspend or terminate this Agreement upon written notice to GRANTEE of the action being taken and the reason for such action in the event one of the following events occur:
(i) In the event GRANTEE fails to perform the covenants herein contained at such times and in such manner as provided in this Agreement after the applicable notice and cure provision hereof; or
(ii) In the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any material provision, in the judgment of COUNTY of this Agreement invalid or untenable; or (iii)In the event the ARPA funding identified in Section 1 above is terminated or otherwise becomes unavailable.
c. This Agreement may be terminated or funding suspended in whole or in part for cause. Cause shall be based on the failure of GRANTEE to materially comply with either the terms or conditions of this Agreement after the expiration of all applicable notice and cure provisions hereof. Upon suspension of ARPA Grant funding, GRANTEE agrees not to incur any costs related

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thereto, or connected with, any area of conflict from which COUNTY has determined that suspension of ARPA Grant funds is necessary. d. Upon expiration or earlier termination of this Agreement, GRANTEE shall transfer to COUNTY any unexpended ARPA Grant funds in its possession at the time of expiration of the Agreement as well as any accounts receivable held by GRANTEE which are attributable to the use of ARPA Grant funds awarded pursuant to this Agreement.

38. AFFORDABILITY RESTRICTIONS. COUNTY and GRANTEE, on behalf of its successors and assigns, hereby declare their express intent that the restrictions set forth in this Agreement shall continue in full force and effect for the duration of the Affordability Period (as defined in Section 14 above). Each and every contract, deed or other instrument hereafter executed covering and conveying the Property or any portion thereof shall be held conclusively to have been executed, delivered and accepted subject to such restrictions, regardless of whether such restrictions are set forth in such contract, deed or other instrument. GRANTEE shall execute and record as a lien against the Property, a Covenant Agreement, substantially conforming in form and substance to the Covenant Agreement attached hereto as Exhibit J and incorporated herein by this reference, setting forth the use restriction required in this Agreement.

39. MECHANICS LIENS AND STOP NOTICES. If any claim of mechanics lien is filed against the Project or a stop notice affecting the ARPA Grant is served on COUNTY, GRANTEE must, within twenty (20) calendar days of such filing or notification of service, either pay and fully discharge the lien or stop notice, obtain a release of the lien or stop notice by delivering to COUNTY a surety bond in sufficient form and amount, or provide COUNTY with other assurance reasonably satisfactory to COUNTY that the lien or stop notice will be paid or discharged.

40. ENTIRE AGREEMENT. It is expressly agreed that this Agreement embodies the entire agreement of the parties in relation to the subject matter hereof, and that no other agreement

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or understanding, verbal or otherwise, relative to this subject matter, exists between the parties at the time of execution.

41. AUTHORITY TO EXECUTE. The persons executing this Agreement or exhibits attached hereto on behalf of the parties to this Agreement hereby warrant and represent that they have the authority to execute this Agreement and warrant and represent that they have the authority to bind the respective parties to this Agreement to the performance of its obligations hereunder.

42. WAIVER. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s rights to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

43. INTERPRETATION AND GOVERNING LAW. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

44. JURISDICTION AND VENUE. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed in the Superior Court of Riverside County, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court or jurisdiction.

45. SEVERABILITY. Each paragraph and provision of this Agreement is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall nevertheless remain in full force and effect.

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46. MINISTERIAL ACTS. COUNTY's Director of HWS, or designee, is authorized to take such ministerial actions as may be necessary or appropriate to implement the terms, provisions, and conditions of this Agreement as it may be amended from time to time by both parties.

47. MODIFICATION OF AGREEMENT. COUNTY or GRANTEE may consider it in its best interest to change, modify or extend a term or condition of this Agreement, provided such change, modification or extension is agreed to in writing by the other party. Any such change, extension or modification, which is mutually agreed upon by COUNTY and GRANTEE shall be incorporated in written amendments to this Agreement. Such amendments shall not invalidate this Agreement, nor relieve or release COUNTY or GRANTEE from any obligations under this Agreement, except for those parts thereby amended. No amendment to this Agreement shall be effective and binding upon the parties, unless it expressly makes reference to this Agreement, is in writing, is signed and acknowledged by duly authorized representatives of all parties, and approved by the COUNTY.

48. CONDITIONAL COMMITMENT.
a. GRANTEE Expenditure Deadline. The construction work on the Project has already been completed. Accordingly, the ARPA Grant funds will be used to reimburse the City for a portion of the construction cost for the Project and, thus, the ARPA Grant funds will be expended no later than December 31, 2024.

49. RESERVED.

50. RESERVED.

51. EXHIBITS AND ATTACHMENTS. Each of the attachments and exhibits attached hereto is incorporated herein by this reference.

52. MEDIA RELEASES. GRANTEE agrees to allow COUNTY to provide input regarding all media releases regarding the Project. Any publicity generated by GRANTEE for the Project must make reference to the contribution of COUNTY in making the Project possible.

COUNTY’s name shall be prominently displayed in all pieces of publicity generated by

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GRANTEE, including flyers, press releases, posters, signs, brochures, and public service announcements. GRANTEE agrees to cooperate with COUNTY in any COUNTY-generated publicity or promotional activities with respect to the Project.

53. NOTICES. All notices, requests, demands and other communication required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below or the such other addresses as from time to time shall be designated by the respective parties and shall be sufficient if sent by United States first class, certified mail, postage prepaid, or express delivery service with a receipt showing the date of delivery.

COUNTY GRANTEE
Director HWS Homeless Solutions Manager
County of Riverside City of Corona
3403 10th Street, Suite 300 400 S. Vicentia Avenue
Riverside, CA 92501 Corona, CA 92882

54. COUNTERPARTS. This Agreement may be signed by the different parties hereto in counterparts, each of which shall be an original but all of which together shall constitute one and the same agreement.

55. EFFECTIVE DATE. The effective date of this Agreement is the date the parties execute the Agreement (“Effective Date”). If the parties execute the Agreement on more than one date, then the last date the Agreement is executed by a party shall be the Effective Date.

56. FURTHER ASSURANCES. GRANTEE shall execute any further documents consistent with the terms of this Agreement, including documents in recordable form, as the COUNTY may from time to time find necessary or appropriate to effectuate its purposes in entering into this Agreement.

57. NONLIABILITY OF COUNTY OFFICIALS AND EMPLOYEES. No member, official, employee or consultant of the COUNTY shall be personally liable to the GRANTEE, or any successor in interest, in the event of any default or breach by the COUNTY or for any amount which may become due to the GRANTEE or to its successor, or on any obligations under the terms of this Agreement.

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58. CONSTRUCTION AND INTERPRETATION OF AGREEMENT.
a. The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any party. The parties hereto acknowledge and agree that this Agreement has been prepared jointly by the parties and has been the subject of arm’s length and careful negotiation over a considerable period of time, that each party has been given the opportunity to independently review this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret, and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party preparing it, and instead other rules of interpretation and construction shall be utilized.
b. If any term or provision of this Agreement, the deletion of which would not adversely affect the receipt of any material benefit by any party hereunder, shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and each other term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. It is the intention of the parties hereto that in lieu of each clause or provision of this Agreement that is illegal, invalid, or unenforceable, there be added as a part of this Agreement an enforceable clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible.
c. The captions of the articles, sections, and subsections herein are inserted solely for convenience and under no circumstances are they or any of them to be treated or construed as part of this instrument.
d. References in this instrument to this Agreement mean, refer to and include this

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instrument as well as any riders, exhibits, addenda and attachments hereto (which are hereby incorporated herein by this reference) or other documents expressly incorporated by reference in this instrument. Any references to any covenant, condition, obligation, and/or undertaking “herein,” “hereunder,” or “pursuant hereto” (or language of like import) means, refer to, and include the covenants, obligations, and undertakings existing pursuant to this instrument and any riders, exhibits, addenda, and attachments or other documents affixed to or expressly incorporated by reference in this instrument. e. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa.

59. TIME OF ESSENCE. Time is of the essence with respect to the performance of each of the covenants and agreements contained in this Agreement.

60. BINDING EFFECT. This Agreement, and the terms, provisions, promises, covenants and conditions hereof, shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.

61. NO THIRD-PARTY BENEFICIARIES. The Parties to this Agreement acknowledge and agree that the provisions of this Agreement are for the sole benefit of COUNTY and GRANTEE, and not for the benefit, directly or indirectly, of any other person or entity, except as otherwise expressly provided herein.

62. RESERVED.

63. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS.
a. This Agreement shall be executed in three duplicate originals each of which is deemed to be an original. This Agreement, including all attachments hereto and exhibits appended to such attachments shall constitute the entire understanding and agreement of the parties.
b. This Agreement integrates all of the terms and conditions mentioned herein or

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incidental hereto and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the Property. c. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the COUNTY or the GRANTEE, and all amendments hereto must be in writing and signed by the appropriate authorities of the COUNTY and the GRANTEE. This Agreement and any provisions hereof may be amended by mutual written agreement by the GRANTEE and the COUNTY.
(SIGNATURES ON THE NEXT PAGE)

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IN WITNESS WHEREOF, COUNTY and GRANTEE have executed this Agreement as of the dates written below.

COUNTY: GRANTEE:

COUNTY OF RIVERSIDE, a political City of Corona, a General Law City subdivision of the State of California
By: __________________________ By:_________________________________ Heidi Marshall, Director HWS Jacob Ellis, City Manager
Date:___________________________ Date:___________________________ (Above signatures need to be notarized)
APPROVED AS TO FORM:

MINH C. TRAN, County Counsel
By:

Paula S. Salcido
Deputy County Counsel

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EXHIBITS
EXHIBIT “A” SCOPE OF WORK
EXHIBIT “B” SCHEDULE OF PERFORMANCE
EXHIBIT “C” LINE ITEM BUDGET
EXHIBIT “D” FLOOR PLANS
EXHIBIT “E” ASSURANCE OF COMPLIANCE

EXHIBIT

EXHIBIT

EXHIBIT

EXHIBIT

EXHIBIT

“F”
“G”
“H”
“I”
“J”
SUBRECIPIENT PAYMENT REQUEST – 2076A

SUPPORTING DOCUMENTATION REQUIREMENT

PROHIBITION AGAINST CONFLICTS OF INTEREST

CONTRACTOR DEBARMENT CERTIFICATION FORM

COVENANT AGREEMENT

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EXHIBIT “A”

SCOPE OF WORK
Grantee: City of Corona Homeless Solutions ___
Address: 420 W. Harrison Street, Corona CA, 92878 ____
Project Title: Harrison HOPE Center Renovation __________________________________ Location: City of Corona Harrison HOPE Center; APN 119-290-049 _________________ A.1 APPLICATION
A. GRANTEE has submitted to the County of Riverside Continuum of Care (“CoC”) an application in response to ARPA 2nd Allocation – Emergency Shelter/Resilience Project Application for ARPA funds (“Application”) to provide critical assistance to individuals experiencing homelessness. COUNTY is entering into this Agreement based on, and in substantial reliance upon, GRANTEE’s facts, information, assertions and representations contained in that Application, and in any subsequent modifications or additions thereto approved by CoC.

B. GRANTEE warrants that all information, facts, assertions, and representations contained in the Application and approved modifications and additions thereto are true, correct, and complete to the best of GRANTEE’s knowledge. In the event that any part of the Application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect COUNTY’s approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then COUNTY may declare a breach hereof and take such action or pursue such remedies as are provided for a breach hereof. In the event that there is a conflict between the Application and this Agreement, this Agreement shall govern.

A.2 BACKGROUND
A. Project Description
Harrison Hope Center Scope of Services
GRANTEE is proposing to utilize SLFRF funds to pay a portion of the costs to reimburse the City of Corona for the renovation of the Harrison HOPE Center. The City of Corona invested $3 million in Phase I and Phase II renovations. The renovations were recently completed in May 2023 with the Center opening in June 2023. The County will reimburse the City of Corona for $1 million of the $3 million costs for the renovation of the Harrison Hope Center. The $1 million grant will be used to fund the operation of the Harrison Hope Center System of Services.

The scope of the project resulted in the replacement and/or addition of new roof shingles and sheathing, addition of new facility components including but not limited to an onsite clinic in the west wing of the building, a dog run shelter, security system enhancements, mandated Americans with Disabilities ACT (ADA) improvements in bathrooms, showers, kitchen and other places in the facility and replacement of all 4 exterior ADA access ramps, interior and exterior paint, new floor coverings, fencing,

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landscaping, storage lockers, parking lot slurry seal, interior murals, new appliances for the kitchen and laundry room, new countertops in the bathrooms, new HVAC systems, commercial generator installation, enhanced fire safety and protection system and other renovations that transformed the functionality and life of the facility.

The newly renovated Harrison HOPE Center is a 40-bed low-barrier emergency shelter/navigation center that has an onsite Federally Qualified Health Center (FQHC) clinic providing medical, behavioral health, post hospital recuperative care, and oral care services as well as a success center for computer learning, job development and other services, plus many other amenities including accommodations for pets, client storage, and a full-service kitchen for meals. The City of Corona developed the Harrison HOPE Center as part of an overall Homeless System of Services that includes: Permanent supportive housing, tenant based rental assistance, post hospital recuperative care, and a transportation/meal program that provides day services to non-shelter guests and other services that make up this comprehensive system of service. The Project is located at 420 West Harrison Street, Corona CA, more specifically known as Assessor’s Parcel Number 119-290-049 (“Property”), and as more specifically described in the legal description attached hereto and incorporated herein as Exhibit A; and
B. Scope of Renovations
Building and APN Existing Completed Construction
City of Corona:

Harrison HOPE Center
420 W. Harrison Street
Corona CA, 92878
APN: 119-290-049
Harrison HOPE Center • New Roof and
replacement of sheathing
• New HVAC Units and
enclosures
• Interior/Exterior Paint
• Decorative window
Awnings
• ADA improvements in
bathrooms, showers,
kitchen and other places
in the facility and
replacement of all 4
exterior ADA access
ramps
• Reconstruction of the
west wing into a medical
clinic
• Dog Run Shelter
• Installation of extra-large
exterior storage lockers
for clients with concrete
pads
• Commercial back-up
generator and pad

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• Access Control and Video
Surveillance Security
System for interior and
exterior of facility
• New flooring/coving and
baseboards
• New countertops,
fixtures, and lights in
kitchen and bathrooms
• Murals (new one in
success center and repair
of one in dining hall)
• Landscaping
improvements
• Electrical and lighting
work
• Enhanced Fire Safety and
Protection System
• New appliances for
kitchen and laundry room
• New lighting
• Two Patio Covers with
fans and heaters
• New exterior fencing
• New driveway gate with
electronic opener
• Replacement of windows
• New Water heater
• Parking lot slurry
• Other miscellaneous
rehab work

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C. Project Detail
Project Component Type: Capital
Funding Costs for: Renovation
Population Focus: Low-barrier emergency
shelter/navigation center
# of Beds: 40
Project Location Harrison HOPE Center
420 W. Harrison St
Corona CA, 92878
A.3 LEGAL DESCRIPTION OF PROPERTY
ADDRESS: 420 W. Harrison Street, Corona CA, 92878
ASSESSOR’S PARCEL NUMBER: 119-290-049
420 W. HARRISON STREET 119-290-049
A.4 CORE COMPONENTS OF HOUSING FIRST
SUBRECIPIENT shall ensure that any housing-related activities funded with ARPA funds, including, but not limited to, emergency shelter, rapid re-housing, Rental Assistance, and permanent supportive housing must be in compliance or otherwise aligned with the Core Components of Housing First as set forth in Welfare and Institutions Code Section 8255(b).

A.5 HOMELESS MANAGEMENT INFORMATION SYSTEM
A. SUBRECIPIENT agrees to participate in the Homeless Management Information System (HMIS).

1. Participation is defined by HMIS training attendance, complying with Riverside County HMIS security policies and procedures, data collection, and entering required client data on a regular and timely basis.

2. COUNTY retains the rights to the HMIS and case management software application used in the operations of this property. COUNTY will grant SUBRECIPIENT access to use the HMIS software for the term of this Agreement.

3. SUBRECIPIENT shall ensure that employees using HMIS for client intake capture all required data fields, as set forth in the County of Riverside Continuum of Care HMIS Charter, which is located on the County of Riverside CoC website:
https://rivcohhpws.org/sites/g/files/aldnop131/files/2023-05/county-of-riversidecoc-hmis-charter-rev-12-07-22_0.pdf

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4. SUBRECIPIENT must maintain a valid HMIS End User Agreement on file with COUNTY, which is located on the County of Riverside CoC website:
https://rivcohhpws.org/sites/g/files/aldnop131/files/cocdocumnets/HMIS/County %20of%20Riverside%20CoC%20HMIS%20Participating%20Agency%20Agree ment%20%20Revised%209-10-2020%20(1).pdf

5. SUBRECIPIENT agrees to provide U.S. Department of the Treasury (“U.S.

Treasury”) access to HMIS data collected and entered into the SUBRECIPIENT’S HMIS, upon request, and to participate in any statewide data initiative as directed by the U.S. Treasury, including, but not limited to, a statewide data integration environment.

6. SUBRECIPIENT will require its contracted operator, Mercy House, to input data in compliance with HMIS standards.

A.6 COORDINATED ENTRY SYSTEM

1. Participation is defined by CES training attendance, complying with Riverside County CES Policies and Procedures, data collection, valid user agreements, and entering required client data on a regular and timely basis. The Riverside County CES Policies and Procedures may be located on the following website:
https://rivcohhpws.org/sites/g/files/aldnop131/files/cocdocumnets/CES%20Polic ies%20and%20Procedures%20Amended%205_20_2021.pdf

2. Subject to SUBRECIPIENT’s policy requiring ties to the City of Corona, SUBRECIPIENT shall work with the CES Lead Agency to ensure that screening, assessment and referral of program participants are consistent with the CES Charter, Policies and Procedures which is located on the County of Riverside CoC website: https://rivcohhpws.org/sites/g/files/aldnop131/files/cocdocumnets/CES %20Policies%20and%20Procedures%20Amended%205_20_2021.pdf

3. SUBRECIPIENT agrees to work with the CES Lead Agency and coordinate delivery of services (e.g. street outreach, housing navigation, case management, landlord incentive programs, and all other supportive services and housing assistance) to support inquiries received through the CES HomeConnect Hotline and by name list.

4. SUBRECIPIENT agrees to participate in the CES HomeConnect Navigation Council Review Meetings facilitated by the CES Lead Agency.

5. SUBRECIPIENT shall utilize the Vulnerability Index – Service Prioritization Decision Assistance Tool (VI-SPDAT) to screen individuals with high barriers to help them gain access to housing services through the CES.

6. SUBRECIPIENT agrees to provide the U.S. Treasury access to CES data collected and entered into the SUBRECIPIENT’S HMIS, upon request, and to participate in any statewide data initiative as directed by the U.S. Treasury, including, but not limited to, a statewide data integration environment.

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7. SUBRECIPIENT will require its contracted operator, Mercy House, to input data in compliance with CES standards.

A. 7 REPORTING REQUIREMENTS
A. SUBRECIPIENT shall follow all HMIS requirements to ensure that complete and accurate data are in HMIS on an ongoing basis unless exempted for special population such as victims of domestic violence and, upon request from HWS CoC staff, submit information on time to HWS CoC to ensure that HWS CoC staff has complete and accurate information to conduct any kind of reporting including annual reports to the U.S. Treasury.

B. Information needed for reporting purposes include but are not limited to the followings.

Subrecipient is required to have such information on HMIS and, as needed, establish internal mechanism(s) to ensure that information listed below is tracked on an ongoing basis and available at all times during the contract term and record retention period.

1. An ongoing tracking of the specific uses and expenditures of any program funds broken out by eligible uses listed, including the current status of those funds.

2. The unduplicated number of homeless individuals served by the program funds in that year, and a total number served in all years of the program, as well as the homeless population served.

3. The type of housing assistance provided, broken out by the number of individuals.

4. Outcome data for individual served through program funds, including the type of housing that an individual exited to, the percent of successful housing exits, and exit types for unsuccessful housing exits.

5. Number of Instances of Service.

6. Increases in capacity for new and existing programs.

7. The number of unsheltered homeless individuals becoming sheltered.

8. The number of homeless persons entering permanent housing.

C. Breakdowns will be expected for each activity (i.e. services, capital improvements, Rental Assistance, etc.) and program type (i.e. Emergency Shelter, rapid re-housing, outreach, etc.) for the supplemental reporting requirements listed above, when applicable. The same information will also be requested specifically for the following subpopulations, based on priorities identified by the U.S. Department of Housing and Urban Development (HUD):

1. Chronically Homeless

2. Homeless veterans

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3. Unaccompanied Homeless Youth

4. Homeless persons in families with children
D. SUBRECIPIENT will also be asked to comment on the following:

1. Progress made toward local homelessness goals.

2. The alignment between ARPA funding priorities and “Housing First” principles adopted by the Homeless Coordinating and Financing Council.

3. Any other effects from ARPA funding that the CoC would like to share (optional).

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EXHIBIT “B”

SCHEDULE OF PERFORMANCE
Any deviation from the timeline below during the construction phase must be reported to the COUNTY.

Activity Completion Dates

BUILDING RENOVATION
Harrison HOPE Center Renovation
Pre-Construction – Contract signed, file for permits.

SUBRECIPIENT shall obtain and pay for all necessary permits and licenses relative to the project and be prepared to present said documents to the COUNTY, upon request.

No later than May 2023

RENOVATION
Rehabilitate existing rooms No later than May 2023
Reconfigure and design layout No later than May 2023
Repair and paint exterior/interior surfaces No later than May 2023 Install new roof and replacement of sheathing No later than May 2023 Reconstruct in the west wing of the building to add onsite clinic No later than May 2023 Add dog run shelter No later than May 2023
Include ADA improvements in bathrooms, showers, kitchen and other places in the facility and replacement of all 4 exterior ADA access ramps No later than May 2023
Other miscellaneous rehab work No later than May 2023

SITE IMPROVEMENTS
Install new flooring/coving and baseboards No later than May 2023 Install decorative window awnings No later than May 2023 Install landscaping improvements No later than May 2023 Install new driveway gate with electronic opener No later than May 2023 Repave and pour parking lot slurry No later than May 2023

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Install new countertops, fixtures, and lights in kitchen and bathrooms No later than May 2023
Install extra-large exterior storage lockers for clients with concrete pads No later than May 2023
Install new exterior fencing No later than May 2023
Install two (2) new patio covers with fans and heaters No later than May 2023 Paint murals (new one in success center and repair of one in dining hall) No later than May 2023

MECHANICAL/PLUMBING
Upgrade existing mechanical equipment with new appliances for kitchen and laundry room No later than May 2023
Upgrade existing plumbing equipment with new water heater No later than May 2023

ELECTRICAL
Add commercial emergency back-up generator and pad No later than April 2024 Add new HVAC Units and enclosures No later than May 2023 Install Access Control and Video Surveillance Security System for interior and exterior of facility No later than May 2023 Install all electrical and lighting work necessary, including light fixtures, electrical outlets in rooms and common areas No later than May 2023 Install enhanced fire safety and protection system to include smoke and carbon monoxide detectors where required No later than May 2023 Submit actual final project cost and completion report
documenting a minimum of $1,000,000 of the $3,000,000 in construction renovation costs expended.

No later than December 2024
Submit supportive service plan No later than December 2024 Receive occupancy No later than June 2023

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EXHIBIT “C”

LINE ITEM BUDGET
CITY OF CORONA – Harrison HOPE Center
Description Cost ARPA
Funding
Not To
Exceed
$1,000,0
00 Costs for
all
constructi
on
activities
listed in
Exhibit
“A” -
Scope of
Work
and
Exhibit
“B” -
Schedule
of
Performa
nce,
including
architectu
ral/engin
eering
costs and
infrastruc
ture
improve
ments.

Grantee
to submit
invoice
with
back-up
document
ation for
PHASE 1 DESCRIPTION
JA Urban Contract $1,001,817
Pettit Engineers & Architects Design $100,000
Construction Management $25,000
20% Contingency $200,364
Total Phase 1 Costs $1,327,181
PHASE 2 DESCRIPTION
Security System Contract with ADT $251,700
Security System Contract 20% Contingency $50,340
Operations/Infrastructure Costs for Internet
Service, Network Cabling, Firewall, and
Wireless Access Points
$46,896
Design Costs $101,843
Outstanding ADA Compliance Work from
CASP Report
$18,157
Construction Management $45,000
Project Management $20,000
Golden Gate Steel Prime Contract $972,329
20% Contingency $194,466
Total Phase 2 Costs $1,700,731
Total Development Cost $3,027,912
Total ARPA Grant Funding
$3,027,912

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$1,000,0
00 of the
$3,000,0
00 in
constructi
on
renovatio
n work
complete
d.

$1,000,0
00

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EXHIBIT “D”

FLOOR PLAN

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EXHIBIT “E”

ASSURANCE OF COMPLIANCE

ASSURANCE OF COMPLIANCE WITH

THE RIVERSIDE COUNTY HOUSING AND WORKFORCE SOLUTIONS

NONDISCRIMINATION IN STATE AND FEDERALLY ASSISTED PROGRAMS City of Corona

ORGANIZATION
HEREBY AGREES THAT it will comply with Title VI and VII of the Civil Rights Act of 1964 as amended; Section 504 of the Rehabilitation Act of 1973 as amended; the Age Discrimination Act of 1975 as amended; the Food Stamp Act of 1977, as amended and in particular section 272.6; Title II of the Americans with Disabilities Act of 1990; California Civil Code Section 51 et seq., as amended; California Government Code section 11135-11139.5, as amended; California Government Code section 12940 I, (h) (1), (i), and (j); California Government Code section 4450; Title 22, California Code of Regulations section 98000 – 98413; Title 24 of the California Code of Regulations, Section 31I(e); the Dymally-Alatorre Bilingual Services Act (California Government Code Section 7290-7299.8); Section 1808 of the Removal of Barriers to Interethnic Adoption Act of 1996; the Fair Employment and Housing Act (Government Code section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code Regulations, Title 2, section 7285 et seq.; the Fair Employment and Housing Commission regulations implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations; and other applicable federal and state laws, as well as their implementing regulations [including 45 Code of Federal Regulations (CFR) Parts 80, 84, and 91, 7 CFR Part 15, and 28 CFR Part 42], by ensuring that employment practices and the administration of public assistance and social services programs are nondiscriminatory, to the effect that no person shall because of ethnic group identification, age (over 40), sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, pregnancy, disability (mental or physical including HIV and AIDS), medical condition (cancer/genetic characteristics), national origin (including language use restrictions), marital status, military and veteran status, religion, religious creed or political belief be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state financial assistance; and HEREBY GIVE ASSURANCE THAT it will immediately take any measures necessary to effectuate this AGREEMENT.

THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state assistance; and THE SUBRECIPIENT HEREBY GIVES ASSURANCE THAT administrative methods/ procedures which have the effect of subjecting individuals to discrimination or defeating the objectives of the use of U.S. Department of the Treasury (“U.S. Treasury”) Coronavirus State and Local Fiscal Recovery Funds (“SLRF”) under the American Rescue Plan Act of 2021 (Pub. L. 117-2), amending Title VI of the Social Security Act (42 U.S.C. 801 et seq.), hereinafter “ARPA” or the “Act” , will be prohibited.

BY ACCEPTING THIS ASSURANCE, the SUBRECIPIENT agrees to compile data, maintain records and submit reports as required, to permit effective enforcement of the aforementioned laws, rules and regulations and permit authorized COUNTY, U.S. Treasury and/or federal government personnel, during normal working hours, to review such records, books and accounts as needed to ascertain compliance. If there are any violations of this assurance, U.S. Treasury shall have the right to invoke fiscal sanctions or other legal remedies, or any other laws, or the issue may be referred to the appropriate federal agency for further compliance action and enforcement of this assurance.

THIS ASSURANCE is binding on the vendor/recipient directly or through contract, license, or other provider services, as long as it receives federal or state assistance. ______________________________ ______________________________ Date Grantee’s Authorized Signature
400 S. Vicentia Avenue
Corona CA, 92882
Address of Vendor/Recipient
(08/13/01) CR50-Vendor Assurance of Compliance

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EXHIBIT “F”
GRANTEE PAYMENT REQUEST FORM 2076A
Grantee to submit invoice with back-up documentation for $1,000,000 of the $3,000,000 in construction renovation work completed.

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EXHIBIT “G”

SUPPORTING DOCUMENTATION REQUIREMENTS

GENERAL GUIDELINES
 Claims must be submitted in an organized format.
 All required summary worksheets and backup documentation must be included, must match the amounts requested, and must be clear and legible.  Do not include irrelevant documentation that is not from costs being claimed. For example, large phone bills should include only the relevant pages to document costs being claimed.
 Any claims difficult to review due to organization or backup documentation issues will be rejected.
 All claims must be in accordance with the terms and conditions of your contract.

FISCAL YEAR-END (JUNE 30)
 The County’s fiscal-year end is June 30 of each calendar year. The County’s ACO (Auditor-Controller’s Office) has an early cutoff to process invoices at year-end. To be processed and paid in the month of June, all claims must be received by June 6. *If June 6 falls on a weekend, the deadline is the prior Friday (June 4 or 5).  Claims received after June 6 will still be paid. However, payment will be delayed until after June 30.
 Claims at year-end must still follow the same general guidelines. *Estimates are not allowed unless specifically authorized by our fiscal team.

PERSONALLY IDENTIFIABLE INFORMATION (PII)
 All PII of program participants must be redacted, including:
 Name, Date of birth, Social Security Number, Driver’s License Number  Instead of the client’s name, use their HMIS Client ID as their identifier on spreadsheets and documentation sent with claims.

FORMS / SUMMARY WORKSHEETS – Required with each claim.

Spreadsheets must be provided in Excel format.
 SIGNED/DATED Payment Request Form (current version of Form 3106 or Form 2076A, depending on the grant)
 Staffing Detail Worksheet
 Rental Assistance Summary Worksheet, if applicable
 Summary Worksheet for other expenses

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LEASING / RENTAL ASSISTANCE – Required at time of client move-in and  Lease agreement
 Rent reasonableness, if required by the grant
 Rent calculation, if required by the grant
LEASING / RENTAL ASSISTANCE – Required with each claim.  Invoice or documentation of rent amount and due date
 Proof of payment (cancelled check or check stub)
STAFF / PAYROLL – Required with each claim.
 Time and Activity Report – Submit a separate time and activity report for each pay period with only the days from that pay period (not the entire month unless the employee is paid monthly).
 Include Pay Stub or Payroll Report
 All documentation must match with employee timesheet/timecard. *timesheet/timecard is not a substitute for the time and activity report STAFF – INSURANCE (Workers Comp, Health/Dental, etc.) – Required if reimbursement or match is being requested for insurance.  Copy of the policy with rate by employee – Required with first claim and with any changes.
 Invoice and proof of payment (cancelled check or check stub)

OTHER EXPENSES
 Invoice/receipt including date and explanation of expense explanation of h  Proof of payment of the credit card statement (cancelled check or check stub)  Vehicle/mileage costs (including insurance) – Documentation must be provided that connects the vehicle or driver to the specific grant/contract.

PROOF OF PAYMENT - CREDIT CARD PAYMENTS
 Credit card statement with relevant charge(s) highlighted  Proof of payment of the credit card statement (cancelled check or check stub)

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EXHIBIT “H”
Prohibition Against Conflicts of Interest
Community Development Block Grant
Policy Manual, I.D. # A-11
TOPIC:CONFLICT OF INTEREST CODE

RIVERSIDE COUNTY
Housing & Workforce Solutions
DATE: MARCH 1999
This Conflict of Interest Code is written to comply with Federal Regulations 2 CFR Section 200.318(c) and 2 CFR Section 200.112. Grantee shall also comply with the conflict of interest provisions in the ARPA Rules.
1) No employee, officer, or agent of the grantee shall participate in the selection, in the award or in the administration of a contract supported by Federal Funds if a conflict of interest, real or apparent, would be involved.
2) Such a conflict will arise when:
i) The employee, officer or agent;
ii) Any member of the immediate family;
iii) His/Her partners; or
iv) An organization which employs, or is about to employ any of the above has a financial or other interest in the firm's selection for award.
3) The grantee's or sub-grantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to sub-agreements except as noted in Section 4.
4) A grantee's or sub-grantee's officers, employees or agents will be presumed to have a financial interest in a business if their financial interest exceeds the following:
i) Any business entity in which the official has a direct or indirect investment worth one thousand dollars ($1,000) or more.
ii) Any real property in which the official has a direct or indirect interest worth one thousand dollars ($1,000) or more.
iii) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the official within 12 months prior to the time when the decision is made.
iv) Any business entity in which the official is a director, officer, partner, trustee, employee, or holds any position of management.
v) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the official within 12 months prior to the time when the decision is made. 5) For purposes of Section 4, indirect investment or interest means any investment or interest owned by the spouse or dependent child of an official, by an agent on behalf of an official, or by a business entity or trust in which the official, the official's agents, spouse, and dependent children own directly, indirectly, or beneficially a 10-percent interest or more.

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EXHIBIT “I”
Sample
Contractor Debarment Certification Form
Excluded Parties Lists System (EPLS)
The purpose of EPLS is to provide a single comprehensive list of individuals and firms excluded by Federal government agencies from receiving federal contracts or federally approved subcontracts and from certain types of federal financial and nonfinancial assistance and benefits.

The EPLS was established to ensure that agencies solicit offers from, award contracts, grants, or financial or nonfinancial assistance and benefits to, and consent to subcontracts with responsible contractors/vendors only and not allow a party to participate in any affected program if any Executive department or agency has debarred, suspended, or otherwise excluded (to the extent specified in the exclusion action) that party from participation in an affected program.

In July 2012, all records from CCR/FedReg, ORCA, and EPLS, active or expired, were moved to the System for Award Management (SAM). SAM is a Federal Government owned and operated free web site that consolidates the capabilities in CCR/FedReg, ORCA, and EPLS.

The County of Riverside requires that each contractor/vendor hold the required federal/state/local license for the service provided.

Please complete the following verification process for each contractor/vendor:

STEP 1: Visit https://www.sam.gov/portal/public/SAM/
STEP 2: Under “Search Records”, enter the company name and press enter.

STEP 3: Click “Print” on the Search Results page.

STEP 4: Repeat steps 2 & 3 for variations of the name of contractor/vendor (individual last name or firm).

STEP 5: Attach print out of search results to this certification as supporting documentation.

STEP 6: Attach to this certification as supporting documentation a copy of contractor/vendor license for the service provided.

By signing below ARPA Recipient, developer name, has verified the contractor/vendor known as, name of contractor/vendor, was not listed in the Excluded Parties Lists System and has the required contractor/vendor license as of date of verification.
____________________________________________________________

DEVELOPER SIGNATURE

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EXHIBIT “J”

COVENANT AGREEMENT

NO FEE FOR RECORDING

PURSUANT TO GOVERNMENT CODE
SECTION 6103

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

County of Riverside
3403 1Oth Street, Suite 300
Riverside, CA 92501
Attn: Heidi Marshall
SPACE ABOVE THIS LINE FOR RE’ORDER'S USE
A.P.N.: [119-290-049] T.R.A. [004-003 ]

COVENANT AGREEMENT
This Covenant Agreement (“Covenant”) is made and entered into as of the day of April 9, 2024, the date of recordation of the notice of completion on the project, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California (“COUNTY”), and City of Corona, a general law city (“OWNER”).

RECITALS
WHEREAS, OWNER has a fee simple interest in that certain real property located at 420 W. Harrison Street, Corona CA 92878 in the County of Riverside, also identified as Assessor’s Parcel Number 119-209-049 , and more specifically described in the legal description attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); WHEREAS, on April 9, 2024 COUNTY and OWNER entered into that certain Grant Agreement for the Use of ARPA Funds dated April 9, 2024 (the “ARPA Grant Agreement” or

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“Agreement”) which provides for, among other things, the replacement and/or addition of new roof shingles and sheathing, addition of new facility components including but not limited to an onsite clinic in the west wing of the building, a dog run shelter, security system enhancements, mandated Americans with Disabilities ACT (ADA) improvements in bathrooms, showers, kitchen and other places in the facility and replacement of all 4 exterior ADA access ramps, interior and exterior paint, new floor coverings, fencing, landscaping, storage lockers, parking lot slurry seal, interior murals, new appliances for the kitchen and laundry room, new countertops in the bathrooms, new HVAC systems, commercial generator installation, enhanced fire safety and protection system and other renovations that transformed the functionality and life of the facility.

The renovation in the creation of a 40-bed low barrier emergency shelter/navigation center at 420 Harrison Street, Corona, CA. The required and mandated improvements (collectively, the “Project”) increased the functionality and delivery of services at the facility.

WHEREAS, the beds at the Project will be reserved as ARPA-Assisted Units (“ARPAAssisted Units”) for individuals experiencing unsheltered homelessness with ties to the City of Corona who are presumed eligible in accordance with HUD Regulations 24 CFR 570.208 (a) (2) (i) (A). Capitalized terms not defined herein shall have the meaning ascribed to them in the ARPA Grant Agreement;
WHEREAS, the County is providing funding under the American Rescue Plan Act of 2021 (Title VI of the Social Security Act Section 602 et seq.), herein after “ARPA,” for the purposes of providing decent, safe, and sanitary permanent supportive housing to homeless and chronically homeless households;
WHEREAS, pursuant to the ARPA Grant Agreement, COUNTY granted to OWNER One Million Dollars ($1,000,000) derived from SLFRF funds (“ARPA Grant”), to pay for a portion of the renovation expenses of the Project, as more fully described in the ARPA Grant Agreement; WHEREAS, COUNTY is providing funding under the American Rescue Plan Act of 2021 (Pub. L. 2117-2), amending Title VI of the Social Security Act (42 U.S.C. 801 et seq.), herein

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after “ARPA,” for the purposes of providing decent, safe, and sanitary permanent supportive housing to homeless and chronically homeless households; WHEREAS, OWNER warrants that the use of the ARPA Grant funds complies with an Eligible Use of ARPA under the ARPA Rules; and
WHEREAS, pursuant to the ARPA Grant Agreement, OWNER has agreed to complete the Project on the Property and ensure the ARPA-Assisted Units are occupied by Qualified Individuals consistent with the ARPA Rules (as defined in the ARPA Grant Agreement) and as set forth more specifically below.

NOW, THEREFORE, in consideration of the mutual covenants and agreements, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, OWNER, on behalf of itself and its successors, assigns, and each successor in interest to the Property or any part thereof, hereby declares as follows:
1) RESTRICTIONS. The recitals set forth above are true and correct and incorporated herein. This Covenant shall continue in full force and effect for the later of (i) fifteen (15) years from April 9, 2024, the date of this Covenant Agreement, or (ii) December 1, 2038 (“Term” or “Affordability Period”). For the duration of the Term, the Property shall be held, sold, and conveyed, subject to the following covenants, conditions, and restrictions:
i) All the beds at the Project shall be restricted as ARPA-Assisted Units provided to homeless individuals or individuals at risk of homelessness, at the time of initial occupancy.
ii) OWNER shall comply with ARPA Rules, the ARPA Grant Agreement, and this Covenant and any other instrument secured against the Property. 2) RESERVED.
3) COMPLIANCE WITH LAWS AND REGULATIONS. During the Term of this Covenant, OWNER, for itself and on behalf of its successors and assigns, shall adhere to and comply with all federal, state and local laws, regulations and ordinances., including, but not limited

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to the following:
a) The Coronavirus State and Local Fiscal Recover Funds (“SLFRF” or “ARPA Funds”).
b) Other Federal requirements and nondiscrimination. As set forth in the ARPA Rules and the ARPA Grant Agreement.
4) MAINTENANCE OF THE IMPROVEMENTS. OWNER, on behalf of itself and its successors, assigns, and each successor in interest to the Property and Project or any part thereof hereby covenants to and shall protect, maintain, and preserve the Property in compliance with all applicable federal and state law and regulations and local ordinances. In addition, OWNER, its successors and assigns, shall maintain the improvements on the Property in the same aesthetic and sound condition (or better) as the condition of the Property at the time of execution of the Covenant Agreement, reasonable wear and tear excepted. This standard for the quality of maintenance of the Property shall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the Property, on-site walks and paved areas and washing-down as necessary to maintain clean surfaces; maintenance of all landscaping in a healthy and attractive condition, including trimming, fertilizing and replacing vegetation as necessary; cleaning windows on a regular basis; painting the buildings on a regular program and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. In the event OWNER, its successors or assigns fails to maintain the Property in accordance with the standard for the quality of maintenance, the COUNTY or its designee shall have the right but not the obligation to enter the Property upon reasonable notice to OWNER,

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correct any violation, and hold OWNER, or such successors or assigns responsible for the cost thereof, and such cost, until paid, shall constitute a lien on the Property. 5) NONDISCRIMINATION. OWNER shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, age or disability in the solicitation, selection, hiring or treatment of any contractors or consultants, to participate in subcontracting/subconsulting opportunities. OWNER understands and agrees that violation of this clause shall be considered a material breach of this Covenant and may result in termination, debarment or other sanctions. This language shall be incorporated into all contracts between OWNER and any contractor, consultant, subcontractor, subconsultants, vendors and suppliers. OWNER shall comply with the provisions of the California Fair Employment and Housing Act (Government Code Sections 12900 et seq.), the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended, and all Administrative Rules and Regulations issued pursuant to said Acts and Orders with respect to its use of the Property. 6) OWNER herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that this Covenant is made and accepted upon and subject to the following conditions: There shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall the transferee itself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of the Property. 7) OWNER, its successors and assigns, shall refrain from restricting the rental, sale, or lease of the Property or any portion thereof, on the basis of race, color, creed, religion, sex, sexual orientation, marital status, national origin, or ancestry of any person. Every deed, lease, and contract entered into with respect to the Property, or any portion thereof, after the date of this

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Agreement shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
a) In deeds: “The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed.

The foregoing covenants shall run with the land.”
b) In leases: “The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.”
c) In contracts: “There shall be no discrimination against or segregation of any

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person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the land, nor shall the transferee itself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of the land.”
In addition to the obligations and duties of OWNER set forth herein, OWNER shall, upon notice from COUNTY, promptly pay to COUNTY all fees and costs, including administrative and attorneys’ fees, incurred by COUNTY in connection with responding to or defending any discrimination claim brought by any third party and/or local, state or federal government entity, arising out of or in connection with the Agreement or this Covenant. 8) INSURANCE. Without limiting or diminishing OWNER’s obligation to indemnify or hold COUNTY harmless, OWNER shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage’s during the term of this Covenant. a) Worker’s Compensation Insurance. If OWNER has employees as defined by the State of California, OWNER shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of the County of Riverside, and, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement. b) Commercial General Liability Insurance. Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of OWNER’s performance of its obligations

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hereunder. Policy shall name the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insured. Policy’s limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit.
c) Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the Commercial General Liability policy is not endorsed to include affirmative coverage for sexual abuse or molestation, Vendor/Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $2,000,000 per occurrence or claim.
d) Vehicle Liability Insurance. If vehicles or mobile equipment are used in the performance of the obligations under this Covenant, then OWNER shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insured or provide similar evidence of coverage approved by County’s Risk Manager (“Risk Manager”). e) General Insurance Provisions – All Lines.
(1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by Risk Manager. If Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.

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(2) OWNER’s insurance carrier(s) must declare its insurance self-insured retentions. If such self-insured retentions exceed $500,000 per occurrence such retentions shall have the prior written consent of Risk Manager. Upon notification of self-insured retention unacceptable to COUNTY, and at the election of Risk Manager, OWNER’s carriers shall either:
(a) reduce or eliminate such self-insured retention, or (b) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. (3) OWNER shall cause OWNER’s insurance carrier(s) to furnish the County of Riverside with copies of the Certificate(s) of Insurance and Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by Risk Manager, provide copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. OWNER shall not continue operations until COUNTY has been furnished Certificate(s) of Insurance and copies of endorsements and if requested, copies of policies of insurance including all endorsements and any and all other attachments as required herein. An individual authorized by the insurance carrier to do so, on its behalf, shall sign the original endorsements for each policy and the Certificate of Insurance. (4) It is understood and agreed to by the parties hereto that OWNER’s insurance shall be construed as primary insurance, and ’OUNTY's insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory. (5) If, during the term of this Covenant or any extension thereof, there is a material change in the scope of services or there is a material change in the equipment to be used in the performance of the scope of work which will add additional exposures (such as the use of aircraft, watercraft, cranes, etc.), then COUNTY reserves the right to adjust the types of insurance required under this Covenant and the monetary limits of liability for the insurance coverage’s

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currently required herein, if; in Risk Manager's reasonable judgment, the amount or type of insurance carried by OWNER has become inadequate.
(6) OWNER shall pass down the insurance obligations contained herein to all tiers of subcontractors.
(7) OWNER agrees to notify COUNTY in writing of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of the Agreement.
9) HOLD HARMLESS/INDEMNIFICATION. OWNER shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as Indemnitees) from any liability whatsoever, based or asserted upon any services of OWNER, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever arising from the performance of OWNER, its officers, employees, subcontractors, agents or representatives Indemnitors from this Agreement. OWNER shall defend, at its sole expense, all costs and fees including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards, the Indemnitees in any claim or action based upon such alleged acts or omissions. With respect to any action or claim subject to indemnification herein by OWNER shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes OWNER’s indemnification to Indemnitees as set forth herein. OWNER’s obligation hereunder shall be satisfied when OWNER has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved. The specified insurance limits required in this Agreement shall in no way limit

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or circumscribe OWNER’s obligations to indemnify and hold harmless the Indemnitees herein from third party claims. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve OWNER from indemnifying the Indemnitees to the fullest extent allowed by law.

The indemnification set forth in this Section 9 shall survive the expiration and earlier termination of this Covenant.
10) NOTICES. All Notices provided for in this Covenant shall be deemed received when personally delivered, or two (2) days following mailing by certified mail, return receipt requested.

All mailing shall be addressed to the respective parties at their addresses set forth below, or at such other address as each party may designate in writing and give to the other party:

COUNTY GRANTEE
Director HWS Homeless Solutions Manager
County of Riverside Karen Roper
3403 10th Street, Suite 300 400 S. Vicentia Avenue
Riverside, CA 92501 Corona, CA 92882
11) REMEDIES. COUNTY shall have the right, in the event of any breach of any such agreement or covenant, to exercise all available rights and remedies, and to maintain any actions at law or suit in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant.
12) TERM. Every covenant, condition and restriction contained in this Covenant shall continue in full force and effect for the Term, as defined in Section 1 of this Covenant. 13) NOTICE AND OPPORTUNITY CURE. Prior to exercising any remedies hereunder, the COUNTY shall give OWNER notice of such default pursuant to Section 10 above. Any monetary default shall be cured within ten (10) days of delivery of written notice. Except as otherwise set forth herein, if a non-monetary default is reasonably capable of being cured within thirty (30) days of delivery of such notice of default, OWNER shall have such period to effect a cure prior to exercise of remedies by COUNTY. If the non-monetary default is such that it is not reasonably capable of being cured within thirty (30) days of delivery of such notice of default, and

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OWNER (a) initiates corrective action within said period, and (b) diligently, continually, and in good faith works to effect a cure as soon as possible, then OWNER shall have such additional time as is reasonably necessary to cure the default prior to exercise of any remedies by the COUNTY; but in no event no later than sixty (60) days from delivery of such notice of default, subject to force majeure.
14) If a violation of any of the covenants or provisions of this Covenant remains uncured after the respective time period set forth in Section 13, COUNTY and its successors and assigns, without regard to whether COUNTY or its successors and assigns is an owner of any land or interest therein to which these covenants relate, may institute and prosecute any proceedings at law or in equity to abate, prevent or enjoin any such violation or attempted violation or to compel specific performance by OWNER of its obligations hereunder. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of any party entitled to enforce the provisions hereof or to obtain relief against or recover for the continuation or repetition of such breach or violations or any similar breach or violation hereof at any later time. 15) Any cure tendered by Owner’s limited partner shall be accepted or rejected on the same basis as if tendered by OWNER.
16) SALE, ASSIGNMENT OR TRANSFER OF THE PROJECT OR PROPERTY.

OWNER hereby covenants and agrees not to sell, transfer, assign or otherwise dispose of the Project, the Property or any portion thereof, without obtaining the prior written consent of COUNTY, in its sole discretion. Any sale, assignment, or transfer of the Project or Property, shall be memorialized an assignment and assumption agreement the form and substance of which have been first approved in writing by the COUNTY in its sole discretion. Such assignment and assumption agreement shall, among other things, provide that the transferee has assumed in writing and in full, and is reasonably capable of performing and complying with OWNER’s duties and obligations under the ARPA Grant Agreement and this Covenant, provided, however OWNER shall not be released of all obligations under the ARPA Grant Agreement and this Covenant.

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17) AMENDMENTS OR MODIFICATIONS. This Covenant may be changed or modified only by a written amendment signed by authorized representatives of both parties. 18) GOVERNING LAW; VENUE; SEVERABILITY. This Covenant shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Covenant shall be filed only in the Superior Court of the State of California located in Riverside, California, and the parties waive any provision of law providing for a change of venue to another location. In the event any provision in this Covenant is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 19) BINDING EFFECT. The rights and obligations of this Covenant shall bind and inure to the benefit of the respective heirs, successors and assigns of the parties. 20) PERMITTED MORTGAGES. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Covenant shall defeat or render invalid or in any way impair the lien or charge of any deed of trust or mortgage permitted by the ARPA Grant Agreement or the lien or charge of a deed of trust made by OWNER for the benefit of any lender first approved in writing by the COUNTY (each, a “Permitted Lender”) and nothing herein or in the ARPA Grant Agreement shall prohibit or otherwise limit the exercise of a Permitted Lender’s rights and remedies thereunder, including a foreclosure or deed-in-lieu of foreclosure and subsequent transfer thereafter.
21) SEVERABILITY. In any event that any provision, whether constituting a separate paragraph or whether contained in a paragraph with other provisions, is hereafter determined to be void and unenforceable, it shall be deemed separated and deleted from the agreement and the remaining provisions of this Agreement shall remain in full force and effect. 22) PROJECT MONITORING AND EVALUATION.
a) Reserved.
b) Inspections. During the Affordability Period, COUNTY must perform onPage 1012 of 1895

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site inspections of ARPA-Assisted Units to determine compliance with the property standards.

The on-site inspections shall occur within 12 months after execution of the Covenant Agreement and at least once every 3 years thereafter during the Affordability Period. If there are observed deficiencies for any of the inspectable items in the property standards established by COUNTY, a follow-up on-site inspection to verify that deficiencies are corrected must occur within 12 months. COUNTY may establish a list of non-hazardous deficiencies for which correction can be verified by third party documentation (e.g., paid invoice for work order) rather than re-inspection.

Health and safety deficiencies must be corrected immediately. COUNTY must adopt a more frequent inspection schedule for properties that have been found to have health and safety deficiencies. The OWNER must annually certify to the COUNTY that each building and all ARPA-Assisted Units in the project are suitable for occupancy, taking into account State and local health, safety, and other applicable codes, ordinances, and requirements, and the ongoing property standards established by the participating jurisdiction. Inspections must be based on a statistically valid sample of units appropriate for the size of the COUNTY ARPA-Assisted Project, as set forth by HUD through notice.
23) ACCESS TO PROJECT SITE. Representatives of the COUNTY and the Federal or State awarding agencies shall have the right of access to the Property, upon 24 hours’ written notice to OWNER (except in the case of an emergency, in which case COUNTY and/or the Federal or State awarding agency shall provide such notice as may be practical under the circumstances), without charges or fees, during normal business hours to review the operation of the Project in accordance with this Covenant and the ARPA Grant Agreement. 24) COUNTERPARTS. This Covenant may be signed by the different parties hereto in counterparts, each of which shall be an original, but all of which together shall constitute one and the same agreement.
25) Recitals. The Recitals set forth above are true and correct and incorporated herein by this reference.

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26) This Covenant and the ARPA Grant Agreement set forth and contain the entire understanding and agreement of the parties hereto. There are no oral or written representations, understandings, or ancillary covenants, undertakings or agreements, which are not contained or expressly referred to within this Covenant, and the ARPA Grant Agreement, including all amendments and modifications to the Agreement.
[Remainder of Page Intentionally Blank]
[SIGNATURES ON THE NEXT PAGE]

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IN WITNESS WHEREOF, COUNTY and OWNER have executed this Covenant as of the dates written below.

COUNTY: GRANTEE:

COUNTY OF RIVERSIDE, a political City of Corona, a General Law City subdivision of the State of California
By: __________________________ By:_________________________________ Heidi Marshall, Director HWS Jacob Ellis, City Manager
Date:___________________________ Date:___________________________ (Above signatures need to be notarized)
APPROVED AS TO FORM:

MINH C. TRAN, COUNTY COUNSEL
By:

Paula S. Salcido
Deputy County Counsel
S-1

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(COUNTY and OWNER signatures need to be notarized
S-1

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< CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT >
S-1

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EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
ADDRESS: 420 W. Harrison Street
ASSESSOR'S PARCEL NUMBER: 119-29-049
420 W. HARRISON STREET 119-290-049

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County of Riverside
Department of Housing and Workforce Solutions
3403 Tenth Street, Suite 300
Riverside, CA 92501
and
City of Corona
Housing and Homelessness Incentive Program Subrecipient Agreement City of Corona Navigation Project
HWSCoC-0004871

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TABLE OF CONTENTS

1. DEFINITIONS.......................................................................................................................4

2. DESCRIPTION OF SERVICES ............................................................................................5

3. PERIOD OF PERFORMANCE .............................................................................................6

4. COMPENSATION.................................................................................................................6

5. TERMINATION FOR CONVENIENCE..................................................................................6

6. TERMINATION FOR CAUSE ...............................................................................................6

7. DEFAULT .............................................................................................................................7

8. REQUEST FOR WAIVER AND WAIVER OF BREACH........................................................ 8

9. OWNERSHIP, PUBLICATION, REPRODUCTION, AND USE OF MATERIAL ..................... 8

10. CONDUCT OF SUBRECIPIENT/ CONFLICT OF INTEREST............................................... 8

11. RECORDS, INSPECTIONS, AND AUDITS .......................................................................... 8

12. CONFIDENTIALITY..............................................................................................................9

13. PERSONALLY IDENTIFIABLE INFORMATION ................................................................... 9

14. HOLD HARMLESS/INDEMNIFICATION............................................................................. 10

15. INSURANCE ......................................................................................................................10

16. WORKER’S COMPENSATION........................................................................................... 12

17. VEHICLE LIABILITY...........................................................................................................12

18. COMMERCIAL GENERAL LIABILITY ................................................................................ 12

19. PROFESSIONAL LIABILITY............................................................................................... 12

20. INDEPENDENT CONTRACTOR ........................................................................................ 12

21. USE BY POLITICAL ENTITIES .......................................................................................... 13

22. LICENSES AND PERMITS................................................................................................. 13

23. NO DEBARMENT OR SUSPENSION ................................................................................ 13

24. COMPLIANCE WITH RULES, REGULATIONS, AND DIRECTIVES .................................. 13

25. CLEAN AIR/WATER ACTS ................................................................................................ 13

26. LEAD BASED PAINT.......................................................................................................... 13

27. ENVIRONMENTAL REQUIREMENTS ............................................................................... 13

28. EMPLOYMENT PRACTICES ............................................................................................. 14

29. PERSONNEL .....................................................................................................................14

30. LOBBYING .........................................................................................................................15

31. ADVERSE GOVERNMENT ACTION.................................................................................. 15

32. SUBCONTRACTS..............................................................................................................15

33. SUPPLANTATION..............................................................................................................16

34. ASSIGNMENT....................................................................................................................16

35. FORCE MAJEURE.............................................................................................................16

36. GOVERNING LAW.............................................................................................................16

37. DISPUTES..........................................................................................................................17

38. ADMINISTRATIVE/CONTRACT LIAISON .......................................................................... 17

39. CIVIL RIGHTS COMPLIANCE............................................................................................ 17

40. NOTICES............................................................................................................................18

41. ELECTRONIC SIGNATURES............................................................................................. 19

42. MODIFICATION OF TERMS .............................................................................................. 19

43. ENTIRE AGREEMENT....................................................................................................... 19 List of Schedules
Schedule A – Payment Provisions
Schedule B – Scope of Services
List of Attachments

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Attachment I – Monthly Performance Report
Attachment II – PII Privacy and Security Standards
Attachment III – Assurance of Compliance
Attachment IV - IEHP and Molina HHIP Investment Plan Workbook *Attachment incorporated by reference.

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This Subrecipient Agreement for the Housing and Homelessness Incentive Program (herein referred to as “Agreement”) is made and entered into this _________day of ________, 2024, by and between the City of Corona, a general law city, (herein referred to as “SUBRECIPIENT”), and the County of Riverside, a political subdivision of the State of California, on behalf of its Department of Housing and Workforce Solutions (herein referred to as “COUNTY”).

WHEREAS, the Department of Housing and Workforce Solutions (herein referred to as “HWS”) has been designated by the COUNTY to provide coordination and administration of the COUNTY’s Continuum of Care Program, Inland Empire Health Plan (“IEHP”) and Molina Healthcare (“MHC”) has partnered with HWS to provide significant investments in providing supportive services, homeless system enhancement and assistance for homeless persons in Riverside County; and, WHEREAS, the SUBRECIPIENT owns the Harrison Hope Center (“HHC”) that offers low-barrier emergency shelter, meals, case management, life skills training, respite care, pet care and pet accommodations, whatever it takes crisis stabilization services, permanent housing resources which include home furnishing services, as well as full range of medical, behavioral health and oral care services from Centro Medico Community Clinic, the onsite clinic partner; NOW, THEREFORE, the parties agree as follows:

1. DEFINITIONS
A. “Administrative Entity” means a unit of general purpose local government (city, county or a city that is also a county) or nonprofit organization that has previously administered federal Department of Housing and Urban Development Continuum of Care funds as the collaborative applicant pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations that has been designated by its Continuum of Care to administer the Housing and Homelessness Incentive Program.

B. “Budget Amendment” means any change affecting the overall total grant amount awarded that may or may not affect the scope of work.

C. “Budget Modification” means any change on the dollar amounts of budget line items without any change on the overall total grant amount awarded of this agreement.

D. “CES” refers to the Riverside County Coordinated Entry System that serves to prioritize Homeless individuals according to longest length of homelessness and greatest service needs.

E. “CES Lead Agency” or “HomeConnect” means the County of Riverside’s Coordinate Entry System Lead Agency responsible for facilitating the coordination and management of resources and services through Riverside County’s crisis response system.

F. “CoC” refers to the Continuum of Care for Riverside County.

G. “COUNTY” or “HWS” refers to the County of Riverside and its Department of Housing and Workforce Solutions, which has administrative responsibility for this Agreement. HWS and COUNTY are used interchangeably in this Agreement.

H. “Expended” means all HHIP funds Obligated under this Agreement or Subcontract have been fully paid and receipted, and no invoices remain outstanding.

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I. “Family” or “household members” refers to the following persons:

1. Persons related by blood or marriage;

2. Persons legally married to one another;

3. Persons formally married to one another regardless of whether they still reside in the same household;

4. Persons who have a child in common regardless of whether such persons are married or have lived together at any time;

5. Unrelated persons who are continually or at regular intervals living in the same household or who have in past continually or at regular intervals lived in the same household; or

6. Unrelated persons who have had intimate or continuous social contact with one another and who have access to one another’s household.

J. “FQHC” refers to Federally Qualified Health Center as defined in Section 1396d(a)(2)(C) of Title 42 of the United States Code.

K. “HHIP” or “Program” means the Housing and Homelessness Incentive Program established pursuant to Chapter 6 part 1 of Division 31 of the Health and Safety Code. HHIP and Program are used interchangeably in this Agreement.

L. “HMIS” refers to the Riverside County Homeless Management Information System.

M. “MCP” refers to Managed Medicare Plan.

N. “Participant(s)” refers to individuals who utilize supportive housing services, including referral services or individuals who are residents or former residents of the housing project.

O. “Permanent Housing” means a structure or set of structures with subsidized or unsubsidized rental housing units subject to applicable landlord-tenant law, with no limit on length of stay and no requirement to participate in supportive services as a condition of access to or continued occupancy in the housing. Permanent Housing includes Permanent Supportive Housing.

P. “Project” refers to housing and/or supportive services for facilitating the movement of homeless individuals through the Continuum of Care into independent Permanent Housing.

Q. “Rapid Re-Housing” means a model of housing assistance that is designed to assist the Homeless, with or without disabilities, move as quickly as possible into Permanent Housing and achieve stability in that housing. Rapid Re-Housing assistance is time-limited, individualized, flexible, and is designed to complement and enhance Homeless system performance and the performance of other Homeless projects.

R. “Subcontract” refers to any contract, purchase order, or other purchase agreement, including modifications and change orders to the foregoing, entered into by the SUBRECIPIENT with a subcontractor to furnish supplies, materials, equipment, and services for the performance of any of the terms and conditions contained in thisAgreement.

S. “SUBRECIPIENT” refers to Subrecipient including its employees, agents, representatives, subcontractors and suppliers. City of Corona and Subrecipient are used interchangeably in this Agreement.

2. DESCRIPTION OF SERVICES

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SUBRECIPIENT shall provide all services at the prices stated in Schedule A, Payment Provisions, and as outlined and specified in Schedule B, Scope of Services, Attachment II – PII Privacy and Security Standards, Attachment III – Assurance of Compliance, and Attachment V - IEHP and Molina HHIP Investment Plan Workbook

3. PERIOD OF PERFORMANCE
This Agreement shall be effective July 1, 2024 (“Effective Date”) and continues in effect through June 30, 2025 (“Period of Performance”), unless terminated earlier. SUBRECIPIENT shall commence performance upon the Effective Date and shall diligently and continuously perform thereafter until the end of the Period of Performance. COUNTY and SUBRECIPIENT agree that all services provided to the Target Population are estimated to be, and shall be, fully performed by September 30, 2024. Under exceptional circumstance, this estimated end date for full performance of all services provided to the Target Population may be extended to a date as needed by the parties with written approval from HWS.

4. COMPENSATION
COUNTY shall pay SUBRECIPIENT for services performed, products provided, or expenses incurred in accordance with the terms of Schedule A, Payment Provisions. COUNTY is not responsible for any fees or costs incurred above or beyond the contracted amount and shall have no obligation to purchase any specified amount of services or products. Unless otherwise specifically stated in Schedule A, COUNTY shall not be responsible for payment of any of SUBRECIPIENT’s expenses related to this Agreement. At the expiration of the term of this Agreement, or upon termination prior to the expiration of the Agreement, any funds paid to SUBRECIPIENT, but not used for purposes of this Agreement shall revert to COUNTY within thirty (30) calendar days of the expiration or termination.

5. TERMINATION FOR CONVENIENCE
A. COUNTY may terminate this Agreement without cause upon giving thirty (30) calendar days written notice served on SUBRECIPIENT stating the extent and effective date of termination.

B. After receipt of the notice of termination, SUBRECIPIENT shall:
(1) Stop all work under this Agreement on the date specified in the notice of termination; and (2) Transfer to COUNTY and deliver in the manner directed by COUNTY any materials, reports or other products, which, if the Agreement had been completed or continued, would be required to be furnished to COUNTY.

C. After termination, COUNTY shall make payment only for SUBRECIPIENT’s performance up to the date of termination in accordance with this Agreement.

In the event of such termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY.

6. TERMINATION FOR CAUSE
A. COUNTY may, upon five (5) calendar days written notice, terminate this Agreement for cause, if SUBRECIPIENT refuses or fails to comply with the terms of this Agreement, or fails to make progress that may endanger performance and does not immediately cure such failure. Cause shall include, but not limited to:

Cause shall include, but is not limited to:

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(1) SUBRECIPIENT’s failure to comply with the terms or conditions of this Agreement; (2) use of, or permitting the use of HHIP funds provided under this Agreement for any ineligible activities;
(3) any failure to comply with the deadlines set forth in this Agreement; (4) violation of any federal or state laws or regulations; or B. In addition to the other remedies that may be available to COUNTY in law or equity for breach of this Agreement, COUNTY may:
(1) Bar the SUBRECIPIENT from applying for future HHIP funds; (2) Revoke any other existing HHIP award(s) to the SUBRECIPIENT; (3) Require the return of any unexpended HHIP funds disbursed under this Agreement; (4) Require repayment of HHIP funds disbursed and Expended under this Agreement; (5) Require the immediate return to COUNTY of all funds derived from the use of HHIP funds including, but not limited to recaptured funds and returned funds; (6) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the technical assistance in accordance with HHIP requirements; and,
(7) Seek such other remedies as may be available under this Agreement or any law.

C. After receipt of the notice of termination, SUBRECIPIENT shall:
(1) Stop all work under this Agreement on the date specified in the notice of termination; and (2) Transfer to COUNTY and deliver in the manner directed by COUNTY any materials, reports or other products, which, if the Agreement had been completed or continued, would be required to be furnished to COUNTY.

D. In the event of such termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY.

E. The rights and remedies of COUNTY provided in this section shall be cumulative not exclusive and are in addition to any other rights or remedies provided by law or this Agreement.

7. DEFAULT
A. A default shall consist of any use of HHIP funds for a purpose other than as authorized by this Agreement or failure of SUBRECIPIENT to provide services to support the operation of the Harrison Hope Center (HHC) for the Period of Performance in accordance with the requirements of the provisions of this Agreement. In the event of an occurrence of default, COUNTY may take one or more of the following actions:

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1. Issue a letter of warning advising SUBRECIPIENT of the default that establishes a date by which corrective actions must be completed and puts SUBRECIPIENT on notice that more serious actions will be taken if the default is not corrected or is repeated;

2. Direct SUBRECIPIENT to submit progress schedules for completing the approved activities;

3. Direct SUBRECIPIENT to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions;

4. Direct SUBRECIPIENT to reimburse the program accounts for costs inappropriately charged to the Program; and/or
B. No delay or omission by COUNTY in exercising any right or remedy available to it under this Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any SUBRECIPIENT default.

8. REQUEST FOR WAIVER AND WAIVER OF BREACH
Waiver of any provision of this Agreement must be in writing and signed by authorized representatives of the parties. No waiver or breach of any provision of the terms and conditions herein shall be deemed, for any purpose, to be a waiver or a breach of any other provision hereof, or of a continuing or subsequent waiver or breach. Failure of COUNTY to require exact, full compliance with any term of this Agreement shall not be construed as making any changes to the terms of this Agreement and does not prevent COUNTY from enforcing the terms of this Agreement.

9. OWNERSHIP, PUBLICATION, REPRODUCTION, AND USE OF MATERIAL SUBRECIPIENT agrees that all materials, reports, or products, in any form including electronic, created by SUBRECIPIENT for which SUBRECIPIENT has been compensated pursuant to this Agreement shall be the sole property of COUNTY. The material, reports, or products may be used by the COUNTY for any purpose that COUNTY deems appropriate, including but not limited to, duplication and/or distribution within COUNTY or to third parties. SUBRECIPIENT agrees not to release or circulate, in whole or in part, such materials, reports, or products without prior written authorization of COUNTY.

10. CONDUCT OF SUBRECIPIENT/ CONFLICT OF INTEREST
A. SUBRECIPIENT covenants that it presently has no interest, including but not limited to, other projects or contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with SUBRECIPIENT’s performance under this Agreement.

SUBRECIPIENT further covenants that no person or subcontractor having any such interest shall be employed or retained by SUBRECIPIENT under this Agreement. SUBRECIPIENT agrees to inform the COUNTY of all SUBRECIPIENT’s interest, if any, which are or may be perceived as incompatible with COUNTY’s interests.

B. SUBRECIPIENT shall not, under any circumstances which could be perceived as an attempt to influence the recipient in the conduct of his/her duties, accept any gratuity or special favor from individuals or firms with whom SUBRECIPIENT is doing business or proposing to do business, in fulfilling this Agreement.

11. RECORDS, INSPECTIONS, AND AUDITS
A. All performance, including services, workmanship, materials, facilities or equipment utilized in the performance of this Agreement, shall be subject to inspection and test by COUNTY or any other regulatory agencies at all times. This may include, but is not limited to, monitoring or

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inspecting performance through any combination of on-site visits, inspections, evaluations, and SUBRECIPIENT self-monitoring. SUBRECIPIENT shall cooperate with any inspector or COUNTY representative reviewing compliance with this Agreement and permit access to all necessary locations, equipment, materials, or other requested items.

B. SUBRECIPIENT shall maintain auditable books, records, documents, and other evidence relating to costs and expenses for this Agreement. SUBRECIPIENT shall maintain these records for at least three (3) years after final payment has been made or until pending COUNTY, state, and federal audits are completed, whichever is later.

C. Any authorized COUNTY, state or the federal representative shall have access to all books, documents, papers, electronic data and other records determined necessary to perform an audit, evaluation, inspection, review, assessment, or examination. These representatives are authorized to obtain excerpts, transcripts and copies as they deem necessary and shall have the same right to monitor or inspect the work or services as COUNTY.

D. If SUBRECIPIENT disagrees with an audit, SUBRECIPIENT may employ a Certified Public Accountant (CPA) to prepare and file with COUNTY its own certified financial and compliance audit. SUBRECIPIENT shall not be reimbursed by COUNTY for such an audit regardless of the audit outcome.

E. SUBRECIPIENT shall establish sufficient procedures to self-monitor the quality of services/products under this Agreement and shall permit COUNTY or other inspector to assess and evaluate SUBRECIPIENT’s performance at any time, upon reasonable notice to the SUBRECIPIENT.

12. CONFIDENTIALITY
A. SUBRECIPIENT shall maintain the privacy and confidentiality of all participant-related information and records, regardless of format, received pursuant to this Agreement (“Confidential Information”). Confidential Information includes, but is not limitedto,; medical, personnel, or security records; or COUNTY information or data which is not subject to public disclosure. SUBRECIPIENT shall keep all Confidential Information, not otherwise subject to public disclosure, received from COUNTY in the strictest confidence. SUBRECIPIENT shall comply with Welfare and Institutions Code (WIC) Section 10850.

B. SUBRECIPIENT shall take special precautions, including, but not limited to, sufficient training of SUBRECIPIENT’s staff before they begin work, to protect such confidential information from loss or unauthorized use, access, disclosure, modification or destruction.

C. SUBRECIPIENT shall ensure case records or personal information is kept confidential when it identifies an individual by name, address, or other specific information. SUBRECIPIENT shall not use such information for any purpose other than carrying out SUBRECIPIENT’s obligations under this Agreement.

D. SUBRECIPIENT shall promptly transmit to COUNTY all third-party requests for disclosure of confidential information. SUBRECIPIENT shall not disclose such information to anyoneother than COUNTY except when disclosure is specifically permitted by this Agreement or as authorized in writing in advance by COUNTY.

13. PERSONALLY IDENTIFIABLE INFORMATION
A. Personally Identifiable Information (Pll) refers to personally identifiable information that can be used alone or in conjunction with any other reasonably available information, to identify a specific

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individual. Pll includes, but is not limited to, an individual's name, social security number, driver's license number, identification number, biometric records, date of birth, place of birth, or mother’s maiden name. The Pll may be electronic, paper, verbal, or recorded. PII may be collected performing administrative functions on behalf of programs, such as determining eligibility for, or enrollment in the Project, and SUBRECIPIENT may collect PII for such purposes, to the extent such activities are authorized by law.

B. SUBRECIPIENT may use or disclose PII only to perform functions, activities or services directly related to the administration of the Program or this Agreement in accordance with WIC sections 10850 and 14100.2, 42 Code of Federal Regulations (CFR) section 431.300 et.seq, and 45 CFR 205.50 et.seq, or as required by law. Disclosures which are required by law, such as a court order, or which are made with the explicit written authorization of the client, are allowable. Any other use or disclosure of PII requires the express approval in writing by COUNTY.

SUBRECIPIENT shall not duplicate, disseminate or disclose PII except as allowed in this Agreement.

C. SUBRECIPIENT agrees to the PII Privacy and Security Standards attached as Attachment II.

When applicable, SUBRECIPIENT shall incorporate the relevant provisions of Attachment II into each subcontract or sub-award to subcontractors.

14. HOLD HARMLESS/INDEMNIFICATION
SUBRECIPIENT agrees to indemnify and hold harmless COUNTY, its departments, agencies, and districts (including their officers, employees and agents) (collectively “COUNTY Indemnitees”), from any liability, damage, claim or action based upon or related to any services or work of SUBRECIPIENT (including its officers, employees, agents, subcontractors or suppliers) arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury or death. SUBRECIPIENT shall, at its sole expense and cost, including, but not limited to, attorney fees, cost of investigation, defense, and settlements or awards, defend COUNTY Indemnitees in any such claim or action. SUBRECIPIENT shall, at its sole cost, have the right to use counsel of its choice, subject to the approval of COUNTY which shall not be unreasonably withheld; and shall have the right to adjust, settle, or compromise any such claim or action so long as that does not compromise SUBRECIPIENT’s indemnification obligation.

SUBRECIPIENT’s obligation hereunder shall be satisfied when SUBRECIPIENT has provided COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim made. The insurance requirements stated in this Agreement shall in no way limit or circumscribe SUBRECIPIENT’s obligations to indemnify and hold COUNTY harmless.

15. INSURANCE
A. Without limiting or diminishing SUBRECIPIENT’s obligation to indemnify or hold COUNTY harmless, SUBRECIPIENT shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages during the term of this Agreement. As respects to the insurance section only, COUNTY herein refers to the County of Riverside, its agencies, districts, special districts, and departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents, or representatives as Additional Insureds.

B. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an AM BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the COUNTY Risk Manager. If the COUNTY’s Risk Manager waives a requirement for a particular insurer, such waiver is only valid for that specific insurer and only for one policy term.

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C. SUBRECIPIENT’s insurance carrier(s) must declare its insurance self-insured retentions. If such self-insured retentions exceed $500,000 per occurrence such retentions shall have the prior written consent of the COUNTY Risk Manager before the commencement of operations under this Agreement. Upon notification of self-insured retention unacceptable to COUNTY, and at the election of the COUNTY’s Risk Manager, SUBRECIPIENT’s carriers shall either; 1) reduce or eliminate such self-insured retention as respects to this Agreement with COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.

D. SUBRECIPIENT shall cause SUBRECIPIENT’s insurance carrier(s) to furnish the COUNTY with either 1) a properly executed original certificate(s) of insurance and certified original copies of endorsements effecting coverage as required herein, or 2) if requested to do so orally or in writing by the COUNTY Risk Manager, provide original certified copies of policies, including all endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) calendar days written notice shall be given to the COUNTY prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the COUNTY receives, prior to such effective date, another properly executed original certificate of insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages set forth herein and the insurance required herein is in full force and effect. SUBRECIPIENT shall not commence operations until the COUNTY has been furnished original certificate(s) of insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the certificate of insurance.

E. It is understood and agreed to by the parties hereto that SUBRECIPIENT’s insurance shall be construed as primary insurance, and COUNTY's insurance and/or deductibles and/or selfinsured retentions or self-insured programs shall not be construed as contributory.

F. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services, or there is a material change in the equipment to be used in the performance of the scope of work which will add additional exposures (such as the use of aircraft, watercraft, cranes, etc.), or the term of this Agreement, including any extensions thereof, exceeds five (5) years, the COUNTY reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverages currently required herein if, in the COUNTY Risk Manager's reasonable judgment, the amount or type of insurance carried by the SUBRECIPIENT has become inadequate.

G. SUBRECIPIENT shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.

H. The insurance requirements contained in this Agreement may be met with a program of selfinsurance acceptable to COUNTY.

I. SUBRECIPIENT agrees to notify COUNTY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

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16. WORKER’S COMPENSATION
If SUBRECIPIENT has employees as defined by the State of California, SUBRECIPIENT shall maintain statutory Worker’s Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of the County of Riverside, and, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement.

17. VEHICLE LIABILITY
If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then SUBRECIPIENT shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name COUNTY as Additional Insured.

18. COMMERCIAL GENERAL LIABILITY
Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of SUBRECIPIENT’s performance of its obligations hereunder. Policy shall name the COUNTY as Additional Insured.

Policy’s limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.

19. PROFESSIONAL LIABILITY
If, at any time during the duration of this Agreement and any renewal or extension thereof, the SUBRECIPIENT, its employees, agents or subcontractors provide professional counseling for issues of medical diagnosis, medical treatment, mental health, dispute resolution or any other services for which it is the usual and customary practice to maintain Professional Liability Insurance, the SUBRECIPIENT shall procure and maintain Professional Liability Insurance (Errors & Omissions), providing coverage for performance of work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. If SUBRECIPIENT’s Professional Liability Insurance is written on a claim made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement. Upon termination of this Agreement or the expiration or cancellation of the claims made, insurance policy SUBRECIPIENT shall purchase at his sole expense either: 1) an Extended Reporting Endorsement (also known as Tail Coverage); or, 2) Prior Dates Coverage from a new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or, 3) demonstrate through Certificates of Insurance that SUBRECIPIENT has maintained continuous coverage with the same or original insurer. Coverage provided under items 1), 2) or 3) will continue for a period of five (5) years beyond the termination of this Agreement.

20. INDEPENDENT CONTRACTOR
It is agreed that SUBRECIPIENT is an independent contractor and that no relationship of employer-employee exists between the parties. SUBRECIPIENT and its employees shall not be entitled to any benefits payable to employees of COUNTY, including but not limited to, workers’ compensation, retirement, or health benefits. COUNTY shall not be required to make any deductions for SUBRECIPIENT employees from the compensation payable to SUBRECIPIENT under this Agreement. SUBRECIPIENT agrees to hold COUNTY harmless from any and all claims that may be made against COUNTY based upon any contention by any person or other party that an employer-employee relationship exists by reason of this Agreement.

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SUBRECIPIENT agrees to indemnify and defend, at its sole expense and cost, including but not limited to, attorney fees, cost of investigation, defense and settlements, or awards, COUNTY, its officers, agents, and employees in any legal action based upon such alleged existence of an employer-employee relationship by reason of thisAgreement.

21. USE BY POLITICAL ENTITIES
SUBRECIPIENT agrees to extend the same pricing, terms and conditions as stated in this Agreement to each and every political entity, special district, and related non-profit entity in Riverside County and under certain circumstances entities located in the State of California. It is understood that other entities shall make purchases in their own name, make direct payment, and be liable directly to SUBRECIPIENT; COUNTY shall in no way be responsible to SUBRECIPIENT for other entities’ purchases.

22. LICENSES AND PERMITS
If applicable, SUBRECIPIENT shall be licensed and have all permits as required by Federal, State, County, or other regulatory authorities at the time the proposal is submitted to COUNTY and throughout the term of this Agreement. SUBRECIPIENT warrants that it has all necessary permits, approvals, certificates, waivers, and exceptions necessary for performance of this Agreement.

23. NO DEBARMENT OR SUSPENSION
SUBRECIPIENT certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; has not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against it for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction; violation of federal or state anti-trust status; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; is not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated herein; and has not within a threeyear period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default.

24. COMPLIANCE WITH RULES, REGULATIONS, AND DIRECTIVES
SUBRECIPIENT shall comply with all applicable federal, state, and local laws as well as all rules, regulations, requirements, and directives of applicable federal or state agencies and funding sources which impose duties and regulations upon COUNTY as though made with SUBRECIPIENT directly. In the event there is a conflict between the various laws or regulations that may apply, SUBRECIPIENT shall comply with the more restrictive law or regulation.

25. CLEAN AIR/WATER ACTS
As required in all contracts with an estimated total value in excess of $100,000, SUBRECIPIENT agrees to comply with all applicable requirements issued under Section 306 of the Clean Air Act (33 U.S.C. 1368), U.S. Executive Order 11738, and Environmental Protection Agency (EPA) regulations (40 CFR, Part 15). These laws and regulations require SUBRECIPIENT not to use facilities on the EPA list of violating facilities and to report violations to theEPA.

26. LEAD BASED PAINT
If applicable, SUBRECIPIENT shall comply with the requirements, of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C 4821-4846) and implementing regulations issued pursuant thereto (24 CFR Part 35).

27. ENVIRONMENTAL REQUIREMENTS
SUBRECIPIENT shall supply all available, relevant information necessary for COUNTY to perform

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any environmental review for each property, as required under 24 CFR Part 50. SUBRECIPIENT shall also perform mitigating measures required by COUNTY or select an alternate eligible property.

For all funded Applications, COUNTY will inform SUBRECIPIENT of any required additional environmental review.

28. EMPLOYMENT PRACTICES
A. SUBRECIPIENT shall comply with all federal and state statutes and regulations in the hiring of its employees.

B. SUBRECIPIENT shall not discriminate in its recruiting, hiring, promoting, demoting, or terminating practices on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, age, or sex in the performance of this Agreement and, if applicable, with the provisions of the Fair Employment and Housing Act (FEHA) and the Federal Civil Rights Act of 1964 (P. L. 88-352).

C. In the provision of benefits, SUBRECIPIENT shall certify and comply with Public Contract Code 10295.3 and not discriminate between employees with spouses and employees with domestic partners, or discriminate between the domestic partners and spouses of those employees. For the purpose of this section, “domestic partner” means one of two persons who have filed a declaration of domestic partnership with the Secretary of State pursuant to Division 2.5 (commencing with Section 297) of the Family Code.

D. By signing this Agreement or accepting funds under this Agreement, SUBRECIPIENT shall comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Department of Labor regulations (41 CFR Chapter 60).

E. SUBRECIPIENT shall provide required data and certification to COUNTY in order to comply with child support enforcement requirements. The documentation will be provided within ten (10) days of notification of award of this Agreement when required by the Employment Development Department. Failure to submit the documentation or failure to comply with all federal and state reporting requirements for child support enforcement shall constitute a material breach of this Agreement.

29. PERSONNEL
A. Upon request by COUNTY, SUBRECIPIENT agrees to make available to COUNTY a current list of personnel that are providing services under this Agreement who have contact with children or adult Participants. The list shall include:

1. All staff who work full or part-time positions by title, including volunteer positions;

2. A brief description of the functions of each position and hours each position worked; and

3. The professional degree, if applicable, and experience required for each position.

B. COUNTY has the sole discretion to approve or not approve any person on the SUBRECIPIENT’s list that has been convicted of any crimes involving sex, drugs or violence, or who is known to have a substantiated report of child abuse, as defined in Penal Code Section 11165.12, who occupies positions with supervisory or disciplinary power over minors, or who occupies supervisory or teaching positions over adult Participants. COUNTY shall notify SUBRECIPIENT in writing of any person not approved, but to protect Participant confidentiality, may not be able to disclose the reason(s) for non-approval. Upon notification, SUBRECIPIENT shall immediately remove that person from providing services under this

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Agreement.

C. Background Checks
SUBRECIPIENT shall conduct criminal background record checks on all individuals providing services under this Agreement. Prior to these individuals providing services to Participants, SUBRECIPIENT shall have received a criminal background record check from the State of California Department of Justice (DOJ). A signed certification of such criminal background record check and, as appropriate, a signed justification and clearance from Contractor or Designee demonstrating fitness to perform duties shall be retained in each individual’s personnel file. The use of criminal records for the purposes of employment decisions must comply with the Office of Federal Contract Compliance Programs Directive 2013-02 “Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin” and California Government Code § 12952.

30. LOBBYING
A. SUBRECIPIENT shall ensure no federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement.

B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with such federal contract, grant, loan, or cooperative agreement, SUBRECIPIENT shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

C. SUBRECIPIENT shall require that the language of this certification be included in the award document for sub-awards at all tiers, including Subcontracts, sub-grants, contracts under grants, loans, cooperative agreements, and all sub-recipients shall certify and disclose accordingly.

31. ADVERSE GOVERNMENT ACTION
In the event any action of any department, branch or bureau of the federal, state, or local government has a material adverse effect on either party in the performance of their obligations hereunder, then that party shall notify the other of the nature of this action, including a copy of the adverse action in the notice. The parties shall meet within thirty (30) calendar days and shall, in good faith, attempt to negotiate a modification to this Agreement that minimizes the adverse effect. Notwithstanding the provisions herein, if the parties fail to reach a negotiated modification concerning the adverse action, then the affected party may terminate this Agreement by giving at least one hundred eighty (180) calendar days’ notice or may terminate sooner if agreed to by both parties.

32. SUBCONTRACTS
A. As part of its HHIP application, SUBRECIPEINT listed Mercy House as the Subcontractor/Operator of the HHC. No other subcontract shall be made by the SUBRECIPIENT with any other party for furnishing any of the work or services under this Agreement without the prior written approval of the COUNTY; but this provision shall not require the approval of contracts of employment between the SUBRECIPIENT and personnel assigned under this Agreement, or for parties named in the proposal and agreed to under this Agreement.

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B. SUBRECIPIENT shall not enter into any Subcontract with any subcontractor who:

1. Is presently debarred, suspended, proposed for debarment or suspension, or declared ineligible or voluntarily excluded from covered transactions by a federal department or agency;

2. Has within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for the commission of fraud; a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction; violation of federal or state anti-trust status; commission of embezzlement, theft, forgery, bribery; falsification or destruction of records; making false statements; or receiving stolen property;

3. Is presently indicted or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in the paragraph above; or

4. Has within a three-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default.

C. SUBRECIPIENT shall be fully responsible for the acts or omissions of its subcontractors and the subcontractors’ employees.

D. SUBRECIPIENT shall insert clauses in all Subcontracts to bind its subcontractors to the terms and conditions of this Agreement.

E. Nothing contained in this Agreement shall create a contractual relationship between any subcontractor or supplier of SUBRECIPIENT and COUNTY.

33. SUPPLANTATION
SUBRECIPIENT shall not supplant any federal, state or COUNTY funds intended for the purpose of this Agreement with any funds made available under any other agreement. SUBRECIPIENT shall not claim reimbursement from COUNTY for any sums which have been paid by another source of revenue. SUBRECIPIENT agrees that it will not use funds received pursuant to this Agreement, either directly or indirectly, as a contribution or compensation for purposes of obtaining state funds under any state program or COUNTY funds under any COUNTY programs without prior approval of COUNTY.

34. ASSIGNMENT
SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of COUNTY. Any attempt to assign or transfer any interest without written consent of COUNTY shall be deemed void and of no force or effect.

35. FORCE MAJEURE
If either party is unable to comply with any provision of this Agreement due to causes beyond its reasonable control and which could not have been reasonably anticipated, such as acts of God, acts of war, civil disorders, or other similar acts, such party shall not be held liable for such failure to comply.

36. GOVERNING LAW

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This Agreement shall be governed by the laws of the State of California. Any legal action related to the interpretation or performance of this Agreement shall be filed only in the Superior Court for the State of California or the U.S. District Court located in Riverside, California.

37. DISPUTES
A. The parties shall attempt to resolve any disputes amicably at the working level. If that is not successful, the dispute shall be referred to the senior management of the parties. Any dispute relating to this Agreement which is not resolved by the parties shall be decided by COUNTY’s Compliance Contract Officer who shall furnish the decision in writing. The decision of COUNTY’s Compliance Contract Officer shall be final and conclusive unless determined by a court to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith. SUBRECIPIENT shall proceed diligently with the performance of this Agreement pending resolution of a dispute.

B. Prior to the filing of any legal action related to this Agreement, the parties shall be obligated to attend a mediation session in Riverside County before a neutral third-party mediator.

A second mediation session shall be required if the first session is not successful. The parties shall share the cost of the mediations.

38. ADMINISTRATIVE/CONTRACT LIAISON
Each party shall designate a liaison that will be the primary point of contact regarding this Agreement.

39. CIVIL RIGHTS COMPLIANCE
A. Assurance of Compliance
SUBRECIPIENT shall complete the “Assurance of Compliance with Riverside County Department of Housing and Workforce Solutions Non-Discrimination in State and Federally Assisted Programs,” attached as Attachment IV. SUBRECIPIENT will sign and date Attachment IV and return it to COUNTY along with the executed Agreement. SUBRECIPIENT shall ensure that the administration of public assistance and social service programs are nondiscriminatory. To the effect that no person shall, because of ethnic group identification, age, sex, color, disability, medical condition, national origin, race, ancestry, marital status, religion, religious creed or political belief, be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state financial assistance.

B. Participant Complaints
SUBRECIPIENT shall further establish and maintain written referral procedures under which any person, applying for or receiving services hereunder, may seek resolution from COUNTY of a complaint with respect to any alleged discrimination in the provision of services by SUBRECIPIENT's personnel. SUBRECIPIENT must distribute to social service Participants that apply for and receive services, “Your Rights under California Welfare Programs” brochure (Publication 13). For copies of this brochure, visit the following website at:
http://www.cdss.ca.gov/inforesources/Civil-Rights/Your-Rights-Under-California-WelfarePrograms Civil Rights Complaints should be referred to:

CoC Program Manager
Riverside County Housing and Workforce Solutions

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3403 10th Street, Suite 300
Riverside, CA 92501
C. Services, Benefits and Facilities
SUBRECIPIENT shall not discriminate in the provision of services, the allocation of benefits, or in the accommodation in facilities on the basis of color, race, religion, national origin, sex, age, sexual preference, physical or mental handicap in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. Section 2000d and all other pertinent rules and regulations promulgated pursuant thereto, and as otherwise provided by State law and regulations, as all may now exist or be hereafter amended or changed. For the purpose of this Section, discrimination means denying a Participant or potential Participant any service, benefit, or accommodation on the basis of color, race, religion, national origin, sex, age, sexual preference, physical or mental handicap and includes, but is not limited to, the following:
i. Denying a Participant any service or benefit or availability of a facility on the basis of color, race, religion, national origin, sex, age, sexual preference, physical or mental handicap.
ii. Providing any service or benefit to a Participant which is different, or is provided in a different manner, or at a different time or place from that provided to other Participants on the basis of race, color, creed or national origin. iii. Restricting a Participant in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service or benefit on the basis of color, race, religion, national origin, sex, age, sexual preference, physical or mental handicap.

Treating a Participant differently from others in satisfying any admission requirement or condition, or eligibility requirement or condition, which individuals must meet in order to be provided any service or benefit, on the basis of color, race, religion, national origin, sex, age, sexual preference, physical or mental handicap.

D. Cultural Competency
SUBRECIPIENT shall cause to be available bilingual professional staff or qualified interpreter to ensure adequate communication between Participants and staff. Any individual with limited English language capability or other communicative barriers shall have equal access to services. For the purpose of this Section, a qualified interpreter is defined as someone who is fluent in English and in the necessary second language, can accurately speak, read and readily interpret the necessary second language and/or accurately sign and read sign language. A qualified interpreter must be able to translate in linguistically appropriate terminology necessary to convey information such as symptoms or instructions to the Participants in both languages.

40. NOTICES
All agreement issues, invoices, financial documents, notices, claims, correspondence, or statements authorized or required by this Agreement shall be deemed effective three (3) business days after they are made in writing and deposited in the United States mail addressed as follows:

COUNTY:

Housing and Workforce Solutions

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3403 Tenth Street, Suite 300
Riverside, CA 92501
SUBRECIPIENT:

City of Corona
Attn: Homeless Solutions Manager
400 S. Vicentia Avenue
Corona, CA 92882

41. ELECTRONIC SIGNATURES
This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time.

The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.

42. MODIFICATION OF TERMS
This Agreement may be modified only by a written amendment signed by authorized representatives of both parties.

43. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. All prior or contemporaneous agreements of any kind or nature relating to the same subject matter shall be of no force or effect.

Authorized Signature for SUBRECIPIENT: Authorized Signature for COUNTY:

Printed Name of Person Signing:

Jacob Ellis
Printed Name of Person Signing:

Heidi Marshall
Title:

City Manager, City of Corona
Title:

Director, HWS

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Date Signed: Date Signed:

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Schedule A
Payment Provisions
A.1 METHOD, TIME, AND CONDITIONS OF PAYMENT
a. COUNTY shall pay SUBRECIPIENT one lump sum payment for an amount not to exceed $400,000. Said funds shall be spent in accordance with the line-item budget below:

Budget Category Description of Services Cost
Direct Program Services Shelter/Navigation Center operations for emergency shelter beds, meals,
case management, respite care,
“whatever it takes crisis stabilization”
and housing placement services,
including but not limited to housing
navigation, security deposits, rental
assistance, home furnishing services,
landlord incentives, as well as
transportation shuttle and meal program
day services for non-shelter residents,
and if needed by participants, afterhours respite care/medical support not provided by FQHC during clinic satellite
hours
$400,000
Indirect Costs/Admin HHIP funds will be leveraged with City of Corona funds; therefore, 100% of
HHIP grant will be used for direct
services
$-0-
Total $400,000
• The table above may be changed (without changing the Total amount) as approved with written approval from HWS.
• Subrecipient must meet the prorated monthly spending milestones in each line item in the table above. (Note: Monthly spending milestones are the amounts of the budget line items divided by the number of months in the Period of Performance). Submit the Fiscal Performance Report by the 10th business day of the following month
b. SUBRECIPIENT will be paid the actual amount of any invoice for payment. If the required supporting documentation is not provided, COUNTY may delay payment until the information is received by COUNTY.
c. All completed claims must be submitted on a monthly basis no later than 30 days after the end of each month in which the services were provided. Each claiming period shall consist of a calendar month. All complete claims submitted in a timely manner shall be processed within forty-five (45) calendar days (see A.4 DISBURSEMENT OF FUNDS for actual payment information).
d. All Program funds shall be expended by June 30, 2025. e. SUBRECIPIENT shall ensure that funds provided under this Agreement are not used to pay developer’s fees, to establish working capital, or operate deficit funds.

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1. In the event that SUBRECIPIENT does not meet the requirements as set forth in paragraph A.1. above, COUNTY reserves the right to suspend or terminate this Agreement.
f. An expenditure which is not authorized by the Agreement, or which cannot be adequately documented, shall be disallowed and must be reimbursed to COUNTY bySUBRECIPIENT.

A.2 FINANCIAL RESOURCES
During the term of this Agreement, SUBRECIPIENT shall maintain sufficient financial resources necessary to fully perform its obligations. SUBRECIPIENT confirms there has been no material financial change in SUBRECIPIENT (including any parent company) since its last financial statement that has resulted in a negative impact to its financial condition.

A.3 DISALLOWANCE
If SUBRECIPIENT receives payment under this Agreement which is later disallowed by the COUNTY for nonconformance with the Agreement, SUBRECIPIENT shall promptly refund the disallowed amount to COUNTY, or, at its option, COUNTY may offset the amount disallowed from any payment due to SUBRECIPIENT.

A.4 REALLOCATION OF FUNDS
Reallocating funds is one of the most important tools by which CoC Programs can make strategic improvements to their homelessness system. Through reallocation, CoC Programs can create new, evidence-informed Projects by eliminating Projects that are underperforming or are more appropriately funded from other sources. Projects with returned/unspent funds, regardless of the amount will be considered for reallocation by the CoC Board of Governance.

A.5 BUDGET MODIFICATION, BUDGET AMENDMENT, AND OTHER AMENDMENT SUBRECIPIENT is expected to implement the agreed services and activities and meet all performance and financial outcomes as planned and agreed in this agreement.

SUBRECIPIENT shall make no changes to the budget without first obtaining written approval from the HWS. Any budget amendments must be requested by the SUBRECIPIENT in writing.

In the event it is deemed necessary to conduct budget modification, budget amendment and/or any other amendment of this Agreement, they are permissible with HWS written approval and best formally requested in writing at least six (6) months prior to the end of the Period of Performance.
a. Budget Modification, Budget Amendment and/or any other Amendment of Agreement for Convenience may be conducted based on mutual agreement between the COUNTY and SUBRECIPIENT and written approval from HWS with no negative effect for both parties under the authority of HWS.
b. Budget Modification, Budget Amendment and/or any other Amendment of Agreement for Cause may be conducted based on mutual agreement between the COUNTY and SUBRECIPIENT and written approval from HWS. Any Cause due to SUBRECIPIENT’s inability to implement the agreed services and/or activities to meet all performance and financial outcomes as planned and agreed in this agreement will become Finding(s) in the monitoring/auditing process and lead to any related effects such as project scoring, evaluation, consideration for future funding opportunities.

A.6 INELIGIBLE COSTS

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HHIP funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses as identified by the California Department of Health Care Services (DHCS) in accordance with the Medi-Cal Home and Community-Based Services (HCBS) Spending Plan. The IEHP Investment Plan details the funding activities conforming with eligible activities under HHIP (Attachment V - IEHP and Molina HHIP Investment Plan Workbook).

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Schedule B
Scope of Services
B.1 SCOPE OF SERVICES
A. Project Description
With the awarded HHIP funding, SUBRECIPIENT will provide or perform the following:
a. Five (5) post-hospital respite care beds, including after-hours medical care, if needed by clients. SUBRECIPIENT and its SUBCONTRACTOR, Mercy House, reserve the right to use the respite care beds for clients suffering from chronic health issues, disability issues or other special needs if beds are otherwise not needed for formal respite care placements from Corona Regional Hospital; b. Twenty (20) low barrier emergency shelter beds for males; and c. Fifteen (15) low barrier emergency shelter beds for females.

B. Admission criteria includes the following
a. Currently homeless with ties to the city of Corona;
b. Able to complete all Activities of Daily Living (“ADL”) independently; c. Wheelchairs, and any other Durable Medical Equipment (“DME”) devices may be accepted under the following conditions:

1. Ability to use DME device safely and understands proper use (e.g., independent transfers from wheelchair to toilet);

2. Ability to use DME independently without any stand-by-assistance (“SBA”) with no requirement for comprehensive geriatric assessment (“CGA”); and

3. Ambulation distance of at least 100 ft. must be reached prior to hospital discharge (with or without DME use).
d. Able to self-administer medication, with staff oversight; e. Continent of both bladder and bowels. If briefs/diapers are used, independent with change of briefs/diaper criteria must be met;
f. Medically and psychiatrically stable at discharge; and g. Alert and oriented to Name, Place, Date and Situation.

C. Exclusions include the following
a. Not homeless or no ties to the city of Corona;
b. Unable to complete ADLs, personal care, and medication administration; c. Incontinent of bladder and/or bowels (unless client can change his/her diapers/briefs);
d. Quadriplegic;
e. Active tuberculosis, C-DIFF, MRSA, COVID-19 or other contagious diseases or viruses;
f. Meets admission criteria for skilled nursing facility (“SNF”) or long-term care facility (“LTC”);
g. Stage 3 or higher bedsore (decubitus ulcers) and cardiac ejection fraction (“EF”) %<30;
h. Active substance abuse and not willing to abstain while in the program; i. Unstable medically and psychiatrically;
j. Combative or aggressive behavior towards staff or other patients while inpatient; and k. Patients actively detoxing (e.g., alcohol, benzodiazepines) will need to be stabilized prior to being referred.

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D. Process for Emergency Shelter Services
Respite care clients will have the option to be transitioned to regular emergency shelter beds that will provide “whatever it takes crisis stabilization services” and a path to Permanent Housing through the city of Corona’s Permanent Supportive Housing and Tenant Based Rental Assistance Programs. Emergency Shelter/Navigation Center and Permanent Housing programs are limited to homeless clients with ties to the city of Corona.

Respite care clients that transition to the regular emergency shelter program may receive shelter for up to 180 consecutive days, although the goal will be to connect clients to Permanent Housing resources within 90 days.

E. Permanent Housing Resources
Depending upon client income eligibility and disability verifications, respite care and emergency shelter clients may qualify for tenant-based rental assistance or permanent supportive housing programs administered by Mercy House and fully funded by the SUBRECIPIENT.

F. Service Partners and Wrap Around Services
a. City of Corona Homeless Solutions: Management of contracts and strategic support to partners.
b. City Net: Street outreach/engagement for referrals to Shelter/Navigation Center and housing programs.
c. Mercy House: Shelter/Navigation Center and housing programs operator. d. Centro Medico Community Clinic: Onsite FQHC who will provide medical, behavioral health, and oral care services.
e. Corona Regional Medical Center: Corona hospital that will refer homeless clients who need discharge to respite care.

G. Delivery of Services and Member Engagement
The city of Corona has a high concentration of homeless who need to be connected to an MCP or are already connected to an MCP but are in need of respite care, shelter, crisis stabilization services and Permanent Housing. Accordingly, the aforementioned service partners will work together to engage MCP Members and connect them to a full continuum of wrap around services.

H. Program Goals
a. Leverage city of Corona funding to maximize the HHIP investment of $400,000; b. Expand respite care medical services to provide after-hours care; c. Enroll homeless clients in an MCP and connect them to respite care, shelter, services, and housing; and
d. Connect homeless MCP clients to respite care, shelter, services, and housing.

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I. Performance Measurement Outcome Statement

1. Outcomes (data analysis)
SUBRECIPIENT shall collect and report anticipated performance measures for meeting the following benchmarks with the dates and number of MCP members served as outlined below:

MCP Member receiving housing-related community supports Service Type Date(s) Served No. Served

1. Housing Navigation Services

2. Housing Security Deposits

3. Housing Placements and
Housing Retention Case Management Services

4. Respite Care

5. Emergency Shelter Bed Nights

6. Transportation
And Meal Program Day Services
B.2 CORE COMPONENTS OF HOUSING FIRST
SUBRECIPIENT shall ensure that any housing-related activities funded with HHIP funds, including, but not limited to, emergency shelter, rapid re-housing, Rental Assistance, and permanent supportive housing must be in compliance or otherwise aligned with the Core Components of Housing First as set forth in Welfare and Institutions Code Section 8255(b).

B.3 HOMELESS MANAGEMENT INFORMATION SYSTEM
A. SUBRECIPIENT agrees to participate in the Homeless Management Information System (HMIS).

1. Participation is defined by HMIS training attendance, complying with Riverside County HMIS security policies and procedures, data collection, and entering required client data on a regular and timely basis.

2. COUNTY retains the rights to the HMIS and case management software application used in the operations of this property. COUNTY will grant SUBRECIPIENT access to use the HMIS software for the term of this Agreement.

3. SUBRECIPIENT shall ensure that employees using HMIS for client intake capture all required data fields, as set forth in the County of Riverside Continuum of Care HMIS Charter, which is located on the County of Riverside CoC website:
https://rivcohhpws.org/sites/g/files/aldnop131/files/2023-05/county-of-riverside-cochmis-charter-rev-12-07-22_0.pdf

4. SUBRECIPIENT must maintain a valid HMIS End User Agreement on file with COUNTY, which is located on the County of Riverside CoC website:
https://rivcohhpws.org/sites/g/files/aldnop131/files/cocdocumnets/HMIS/County%20of %20Riverside%20CoC%20HMIS%20Participating%20Agency%20Agreement%20%2 0Revised%209-10-2020%20(1).pdf

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5. SUBRECIPIENT agrees to provide California Department of Health Care Services (“DHCS”) access to HMIS data collected and entered into the SUBRECIPIENT’S HMIS, upon request, and to participate in any statewide data initiative as directed by the DHCS, including, but not limited to, a statewide data integration environment.

6. SUBRECIPIENT will require its contracted operator, Mercy House, to input data in compliance with HMIS standards.

B.4 COORDINATED ENTRY SYSTEM

1. Participation is defined by CES training attendance, complying with Riverside County CES Policies and Procedures, data collection, valid user agreements, and entering required client data on a regular and timely basis. The Riverside County CES Policies and Procedures may be located on the following website:
https://rivcohhpws.org/sites/g/files/aldnop131/files/cocdocumnets/CES%20Policies%2 0and%20Procedures%20Amended%205_20_2021.pdf

2. Subject to SUBRECIPIENT’s policy requiring ties to the City of Corona, SUBRECIPIENT shall work with the CES Lead Agency to ensure that screening, assessment and referral of program participants are consistent with the CES Charter, Policies and Procedures which is located on the County of Riverside CoC website:
https://rivcohhpws.org/sites/g/files/aldnop131/files/cocdocumnets/CES %20Policies%20and%20Procedures%20Amended%205_20_2021.pdf

3. SUBRECIPIENT agrees to work with the CES Lead Agency and coordinate delivery of services (e.g. street outreach, housing navigation, case management, landlord incentive programs, and all other supportive services and housing assistance) to support inquiries received through the CES HomeConnect Hotline and by name list.

4. SUBRECIPIENT agrees to participate in the CES HomeConnect Navigation Council Review Meetings facilitated by the CES Lead Agency.

5. SUBRECIPIENT shall utilize the Vulnerability Index – Service Prioritization Decision Assistance Tool (VI-SPDAT) to screen individuals with high barriers to help them gain access to housing services through the CES.

6. SUBRECIPIENT agrees to provide the California Department of Health Care Services (DHCS) access to CES data collected and entered into the SUBRECIPIENT’S HMIS, upon request, and to participate in any statewide data initiative as directed by the DHCS, including, but not limited to, a statewide data integration environment.

7. SUBRECIPIENT will require its contracted operator, Mercy House, to input data in compliance with CES standards.

B. 5 REPORTING REQUIREMENTS
A. SUBRECIPIENT shall follow all HMIS requirements to ensure that complete and accurate data are in HMIS on an ongoing basis unless exempted for special population such as victims of domestic violence and, upon request from HWS CoC staff, submit information on time to HWS CoC to ensure that HWS CoC staff has complete and accurate information to conduct any kind of reporting including annual reports to the DHCS.

B. Information needed for reporting purposes include but are not limited to the followings.

Subrecipient is required to have such information on HMIS and, as needed, establish internal

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mechanism(s) to ensure that information listed below is tracked on an ongoing basis and available at all times during the contract term and record retention period.

1. An ongoing tracking of the specific uses and expenditures of any program funds broken out by eligible uses listed, including the current status of those funds.

2. The unduplicated number of homeless individuals served by the program funds in that year, and a total number served in all years of the program, as well as the homeless population served.

3. The type of housing assistance provided, broken out by the number of individuals.

4. Outcome data for individual served through program funds, including the type of housing that an individual exited to, the percent of successful housing exits, and exit types for unsuccessful housing exits.

5. Number of Instances of Service.

6. Increases in capacity for new and existing programs.

7. The number of unsheltered homeless individuals becoming sheltered.

8. The number of homeless persons entering Permanent Housing.

C. Breakdowns will be expected for each activity (i.e. services, capital improvements, Rental Assistance, etc.) and program type (i.e. Emergency Shelter, rapid re-housing, outreach, etc.) for the supplemental reporting requirements listed above, when applicable. The same information will also be requested specifically for the following subpopulations, based on priorities identified by the U.S. Department of Housing and Urban Development (HUD):

1. Chronically Homeless

2. Homeless veterans

3. Unaccompanied Homeless Youth

4. Homeless persons in families with children
D. SUBRECIPIENT will also be asked to comment on the following:

1. Progress made toward local homelessness goals.

2. The alignment between HHIP funding priorities and “Housing First” principles adopted by the Homeless Coordinating and Financing Council.

3. Any other effects from HHIP funding that the CoC would like to share (optional).

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ATTACHMENT I

MONTHLY PERFORMANCE REPORT
Monthly Performance Report
for the month of , 20 (due on the 10th business day after the above stated month) Organization Name:

Project Name:

Contact Person: Position:

Email: Phone Number:

Project Start Date: Project End Date:

Total Award Amount:

Part 1: Program Performance
(Please attach support documentation such as data/reports from HMIS or comparable database for DV projects) Measures per Contract Contract Total Accumulated Actual Actual % of Goal # of Units / Households served Minimum 60 %
# of Beds / Persons served Minimum 80 %
% Persons achieved housing stability Minimum 90% %
% Persons exited back into homelessness Maximum 10% %
Mainstream benefit attainment Minimum 80% %
Increase in income/employment Minimum 30% %
Part 2: Fiscal Performance
Budget Categories Contract Total Accumulated Actual Actual % of Goal Leasing $ $ %
Rental Assistance $ $ %
Supportive Services $ $ %
Operating Costs $ $ %
HMIS $ $ %
Administrative Costs (Subrecipient) $ $ %
Subrecipient Total $ $ %
Part 3: Challenges:
•
Part 4: Request for Training / Technical Assistance
•
Part 5: Comments / Remarks
•

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ATTACHMENT II
Privacy and Security Standards
I. PHYSICAL SECURITY
The SUBRECIPIENTS’S Sub-Contractor, Mercy House, shall be required to ensure Pll is used and stored in an area that is physically safe from access by unauthorized persons at all times.

The SUBRECIPIENTS’S Sub-Contractor agrees to safeguard Pll from loss, theft, or inadvertent disclosure and, therefore, agrees to:

A. Secure all areas of the HHC facility where staff assist in the administration of their program and use, disclose, or store Pll.

B. These areas shall be restricted to only allow access to authorized individuals by using one or more of the following:

1. Properly coded key cards

2. Authorized door keys

3. Official identification
C. Issue identification badges to Sub-Contractor staff.

D. Require Sub-Contractor staff to wear these badges where Pll is used, disclosed, or stored.

E. Ensure each physical location, where PII is used, disclosed, or stored, has procedures and controls that ensure an individual who is terminated from access to the facility is promptly escorted from the facility by an authorized employee and access is revoked.

F. Ensure there are security guards or a monitored alarm system at all times at the SubContractor facilities and the HHC facilities where five hundred (500) or more individually identifiable PII records are used, disclosed, or stored. Video surveillance systems are recommended.

G. Ensure data centers with servers, data storage devices, and/or critical network infrastructure involved in the use, storage, and/or processing of PII have perimeter security and physical access controls that limit access to only authorized staff. Visitors to the data center area must be escorted at all times by authorized staff.

H. Store paper records with PII in locked spaces, such as locked file cabinets, locked file rooms, locked desks, or locked offices in facilities which are multi-use meaning that there are County and non-County functions in one building in work areas that are not securely segregated from each other. It is recommended that all PII be locked up when unattended at any time, not just within multi-use facilities.

I. Use all reasonable measures to prevent non-authorized personnel and visitors from having access to, control of, or viewing PII.

II. TECHNICAL SECURITY CONTROLS
A. Workstation/Laptop Encryption. All workstations and laptops, which use, store and/or process PII, must be encrypted using a FIPS 140-2 certified algorithm 128 bit or higher, such as Advanced Encryption Standard (AES). The encryption solution must be full disk. It is encouraged, when available and when feasible, that the encryption be 256 bit.

B. Server Security. Servers containing unencrypted PII must have sufficient administrative, physical, and technical controls in place to protect that data, based upon a risk assessment/system security review. It is recommended to follow the guidelines documented

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in the latest revision of the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53, Security and Privacy Controls for Federal Information Systems and Organizations.

C. Minimum Necessary. Only the minimum necessary amount of PII required to perform required business functions may be accessed, copied, downloaded, or exported.

D. Mobile Device and Removable Media. All electronic files, which contain PII data, must be encrypted when stored on any mobile device or removable media (i.e. USB drives, CD/DVD, smartphones, tablets, backup tapes etc.). Encryption must be a FIPS 140-2 certified algorithm 128 bit or higher, such as AES. It is encouraged, when available and when feasible, that the encryption be 256 bit.

E. Antivirus Software. All workstations, laptops and other systems, which process and/or store PII, must install and actively use an antivirus software solution. Antivirus software should have automatic updates for definitions scheduled at least daily.

F. Patch Management.

1. All workstations, laptops and other systems, which process and/or store PII, must have critical security patches applied, with system reboot if necessary.

2. There must be a documented patch management process that determines installation timeframe based on risk assessment and vendor recommendations.

3. At a maximum, all applicable patches deemed as critical must be installed within thirty (30) days of vendor release. It is recommended that critical patches which are high risk be installed within seven (7) days.

4. Applications and systems that cannot be patched within this time frame, due to significant operational reasons, must have compensatory controls implemented to minimize risk.

G. User IDs and Password Controls

1. All users must be issued a unique username for accessing PII.

2. Username must be promptly disabled, deleted, or the password changed upon the transfer or termination of an employee within twenty- four (24) hours. Note: Twenty-four (24) hours is defined as one (1) working day.

3. Passwords are not to be shared.

4. Passwords must be at least eight (8) characters.

5. Passwords must be a non-dictionary word.

6. Passwords must not be stored in readable format on the computer or server.

7. Passwords must be changed every ninety (90) days or less. It is recommended that passwords be required to be changed every sixty (60) days or less.

8. Passwords must be changed if revealed or compromised.

9. Passwords must be composed of characters from at least three (3) of the following four (4) groups from the standard keyboard:
a. Upper case letters (A-Z)
b. Lower case letters (a-z)
c. Arabic numerals (0-9)
d. Special characters (!,@,#, etc.)
H. Data Destruction. When no longer needed, all PII must be cleared, purged, or destroyed consistent with NIST SP 800-88, Guidelines for Media Sanitization, such that the PII cannot be retrieved.

I. System Timeout. The systems providing access to PII must provide an automatic timeout, requiring re-authentication of the user session after no more than twenty (20) minutes of inactivity.

J. Warning Banners. The systems providing access to PII must display a warning banner

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stating, at a minimum:

1. Data is confidential;

2. Systems are logged;

3. System use is for business purposes only, by authorized users; and

4. Users shall log off the system immediately if they do not agree with these requirements.

K. System Logging.

1. The systems which provide access to PII must maintain an automated audit trail that can identify the user or system process which initiates a request for PII, or alters PII.

2. The audit trail shall:
a. Be date and time stamped;
b. Log both successful and failed accesses;
c. Be read-access only; and
d. Be restricted to authorized users.

3. If PII is stored in a database, database logging functionality shall be enabled.

4. Audit trail data shall be archived for at least three (3) years from the occurrence.

L. Access Controls. The system providing access to PII shall use role-based access controls for all user authentications, enforcing the principle of least privilege.

M. Transmission Encryption.

1. All data transmissions of PII outside of a secure internal network must be encrypted using a Federal Information Processing Standard (FIPS) 140-2 certified algorithm that is 128 bit or higher, such as Advanced Encryption Standard (AES) or Transport Layer Security (TLS). It is encouraged, when available and when feasible, that 256 bit encryption be used.

2. Encryption can be end to end at the network level, or the data files containing PII can be encrypted.

3. This requirement pertains to any type of PII in motion such as website access, file transfer, and email.

N. Intrusion Prevention. All systems involved in accessing, storing, transporting, and protecting PII, which are accessible through the Internet, must be protected by an intrusion detection and prevention solution.

III. AUDIT CONTROLS
A. System Security Review.

1. SUBRECIPIENT’s Sub-Contractor must ensure audit control mechanisms are in place.

2. All systems processing and/or storing PII must have at least an annual system risk assessment/security review that ensures administrative, physical, and technical controls are functioning effectively and provide an adequate level of protection.

3. Reviews should include vulnerability scanning tools.

B. Log Reviews. All systems processing and/or storing PII must have a process or automated procedure in place to review system logs for unauthorized access.

C. Change Control. All systems processing and/or storing PII must have a documented change control process that ensures separation of duties and protects the confidentiality, integrity and availability of data.

IV. BUSINESS CONTINUITY / DISASTER RECOVERY CONTROLS
A. Emergency Mode Operation Plan. The Contractor must establish a documented plan to enable continuation of critical business processes and protection of the security of PII kept in an electronic format in the event of an emergency. Emergency means any circumstance or situation that causes normal computer operations to become unavailable for use in

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performing the work required under this Agreement for more than twenty-four (24) hours.

B. Data Centers. Data centers with servers, data storage devices, and critical network infrastructure involved in the use, storage and/or processing of PII, must include environmental protection such as cooling, power, and fire prevention, detection, and suppression.

C. Data Backup and Recovery Plan.

1. The Contractor shall have established documented procedures to backup PII to maintain retrievable exact copies of PII.

2. The documented backup procedures shall contain a schedule which includes incremental and full backups.

3. The procedures shall include storing backups offsite.

4. The procedures shall ensure an inventory of backup media.

5. The Contractor shall have established documented procedures to recover PII data.

6. The documented recovery procedures shall include an estimate of the amount of time needed to restore the PII data.

V. PAPER DOCUMENT CONTROLS
A. Supervision of Data. The PII in paper form shall not be left unattended at any time, unless it is locked in a file cabinet, file room, desk or office. Unattended means that information may be observed by an individual not authorized to access the information.

B. Data in Vehicles. The SUBRECIPIENT’s Sub-Contractor shall have policies that include, based on applicable risk factors, a description of the circumstances under which staff can transport PII, as well as the physical security requirements during transport. If SUBRECIPIENT’s Sub-Contractor chooses to permit its staff to leave records unattended in vehicles, it must include provisions in its policies to ensure the PII is stored in a non-visible area such as a trunk, that the vehicle is locked, and under no circumstances permit PII be left unattended in a vehicle overnight or for other extended periods of time.

C. Public Modes of Transportation. The PII in paper form shall not be left unattended at any time in airplanes, buses, trains, etc., including baggage areas. This should be included in training due to the nature of the risk.

D. Escorting Visitors. Visitors to areas where PII is contained shall be escorted, and PII shall be kept out of sight while visitors are in the area.

E. Confidential Destruction. PII must be disposed of through confidential means, such as cross cut shredding or pulverizing.

F. Removal of Data. The PII must not be removed from the premises except for identified routine business purposes or with express written permission of the County.

G. Faxing.

1. Faxes containing PII shall not be left unattended and fax machines shall be in secure areas.

2. Faxes shall contain a confidentiality statement notifying persons receiving faxes in error to destroy them and notify the sender.

3. Fax numbers shall be verified with the intended recipient before sending the fax.

H. Mailing.

1. Mailings containing PII shall be sealed and secured from damage or inappropriate viewing of PII to the extent possible.

2. Mailings that include five hundred (500) or more individually identifiable records

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containing PII in a single package shall be sent using a tracked mailing method that includes verification of delivery and receipt, unless the SUBRECIPEINT and/or its SubContractor obtains prior written permission from the County to use another method.

VI. NOTIFICATION AND INVESTIGATION OF BREACHES AND SECURITY INCIDENTS During the term of this Agreement, the SUBRECIPIENT and its Sub-Contractor agrees to implement reasonable systems for the discovery and prompt reporting of any Breach or Security Incident, and to take the following steps:

The SUBRECIPIENT and its Sub-Contractor shall immediately notify the County when it discovers that there may have been a breach in security which has or may have resulted in compromise to confidential data. For purposes of this section, immediately is defined as within two hours of discovery. The County contact for such notification is as follows:

Breaches should be referred to:

HWS Privacy Officer
Riverside County Housing and Workforce Solutions
3403 Tenth Street, Suite 300
Riverside, CA 92501

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Attachment III
Assurance of Compliance

ASSURANCE OF COMPLIANCE WITH THE RIVERSIDE COUNTY

HOUSING AND WORKFORCE SOLUTIONS DEPARTMENT

NONDISCRIMINATION IN STATE AND FEDERALLY ASSISTED

PROGRAMS

CONTRACTOR

ORGANIZATION
HEREBY AGREES THAT it will comply with Title VI and VII of the Civil Rights Act of 1964 as amended; Section 504 of the Rehabilitation Act of 1973 as amended; the Age Discrimination Act of 1975 as amended; the Food Stamp Act of 1977, as amended and in particular section 272.6; Title II of the Americans with Disabilities Act of 1990; California Civil Code Section 51 et seq., as amended; California Government Code section 11135- 11139.5, as amended; California Government Code section 12940 (c), (h) (1), (i), and (j); California Government Code section 4450; Title 22, California Code of Regulations section 98000 – 98413; Title 24 of the California Code of Regulations, Section 3105A(e); the Dymally-Alatorre Bilingual Services Act (California Government Code Section 7290-7299.8); Section 1808 of the Removal of Barriers to Interethnic Adoption Act of 1996; the Fair Employment and Housing Act (Government Code section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code Regulations, Title 2, section 7285 et seq.; the Fair Employment and Housing Commission regulations implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations; and other applicable federal and state laws, as well as their implementing regulations [including 45 Code of Federal Regulations (CFR) Parts 80, 84, and 91, 7 CFR Part 15, and 28 CFR Part 42], by ensuring that employment practices and the administration of public assistance and social services programs are nondiscriminatory, to the effect that no person shall because of ethnic group identification, age (over 40), sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, pregnancy, disability (mental or physical including HIV and AIDS), medical condition (cancer/genetic characteristics), national origin (including language use restrictions), marital status, military and veteran status, religion, religious creed or political belief be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state financial assistance; and HEREBY GIVE ASSURANCE THAT it will immediately take any measures necessary to effectuate this AGREEMENT.

THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state assistance; and THE SUBRECIPIENT HEREBY GIVES ASSURANCE THAT administrative methods/ procedures which have the effect of subjecting individuals to discrimination or defeating the objectives of the use of California Department of Health Care Services (DHCS) in accordance with the Medi-Cal Home and Community-Based Services (HCBS) Spending Plan , will be prohibited.

BY ACCEPTING THIS ASSURANCE, the SUBRECIPIENT agrees to compile data, maintain records and submit reports as required, to permit effective enforcement of the aforementioned laws, rules and regulations and permit authorized COUNTY, DHCS and/or federal government personnel, during normal working hours, to review such records, books and accounts as needed to ascertain compliance. If there are any violations of this assurance, DHCS shall have the right to invoke fiscal sanctions or other legal remedies, or any other laws, or the issue may be referred to the appropriate federal agency for further compliance action and enforcement of this assurance.

THIS ASSURANCE is binding on the vendor/recipient directly or through contract, license, or other provider services, as long as it receives federal or state assistance.

Date SUBRECIPIENT’s Authorized Signature
400 S. Vicentia Avenue
Corona CA, 92882
_
Address of Vendor/Recipient
(08/13/01) CR50-Vendor Assurance of Compliance

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HWSCoC-0004871

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Attachment V - IEHP and Molina HHIP Investment Plan Workbook IEHP Investment Plan Workbook

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HWSCoC-0004871

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Attachment V - IEHP and Molina HHIP Investment Plan Workbook IEHP Investment Plan Workbook

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HWSCoC-0004871

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Attachment V - IEHP and Molina HHIP Investment Plan Workbook IEHP Investment Plan Workbook

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HWSCoC-0004871

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Attachment V - IEHP and Molina HHIP Investment Plan Workbook IEHP Investment Plan Workbook

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Attachment V - IEHP and Molina HHIP Investment Plan Workbook IEHP Investment Plan Workbook

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HWSCoC-0004871

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Attachment V - IEHP and Molina HHIP Investment Plan Workbook IEHP Investment Plan Workbook

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HWSCoC-0004871

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Attachment V - IEHP and Molina HHIP Investment Plan Workbook Molina Healthcare Plan Workbook

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HWSCoC-0004871

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Attachment V - IEHP and Molina HHIP Investment Plan Workbook Molina Healthcare Plan Workbook

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DATE: 11/20/2024
TO: Honorable Mayor and City Council Members
FROM: Planning and Development Department
2024-145

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

RELEASE OF GRADING SECURITY POSTED BY NANCI INVESTMENTS, INC., FOR 1345 QUARRY STREET (APPLICANT: NANCI INVESTMENTS, INC., A CALIFORNIA

CORPORATION)
EXECUTIVE SUMMARY:

This staff report asks that the City Council release the grading securities for 1345 Quarry Street. The developer has completed the required grading operations associated with the construction of an industrial/warehouse building and is requesting the release of the posted grading securities.

RECOMMENDED ACTION:

That the City Council release the Grading and Erosion Control Securities posted for 1345 Quarry Street. (Bond No. 4405768 and Receipt No. DEP16-0062) BACKGROUND & HISTORY:

Nanci Investments, Inc., the owner of 1345 Quarry Street, constructed a 15,755 squarefoot industrial/warehouse building on one acre in the M3 (Heavy Manufacturing) Zone.

On May 19, 2016, Nanci Investments, Inc. entered into a Grading Agreement with the City and posted bonds for the development of the property.

ANALYSIS:

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The site was graded in accordance with all City standards and the approved grading plans. Therefore, it is appropriate for the City to release the grading and erosion control securities posted for the properties by the applicant.

The following is a summary of the security posted for the property:

Security Security No. Faithful
Performance Security No. Labor & Materials
Grading and
Drainage 4405768 $ 57,500 DEP16-0062 $ 2,500
FINANCIAL IMPACT:

All applicable fees have been paid by the developer.

ENVIRONMENTAL ANALYSIS:

This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action merely approves the release of the posted securities associated with the prior grading operations on the project site, and there is no possibility that this action will have a significant effect on the environment. Therefore, no environmental analysis is required.

PREPARED BY: JESSICA KANG, ASSOCIATE ENGINEER
REVIEWED BY: JOANNE COLETTA, PLANNING AND DEVELOPMENT DIRECTOR ATTACHMENTS:

1. Exhibit 1 – Location Map

Page 1064 of 1895 ends

EXHIBIT "1•

NOTTO SCALE
PROJECT: NEW WAREHOUSE
A.P.N. 115-890-005
A.P.N.11SG0-015
1345

CORONA,

QUARRY STREET

CALIFORNIA
PROJECT NO.: 15140
----auARR'<51iU"��
M-3

PARCELB
L.LA NO. 14-008
A.P.N.115-070-095

PROJECT

LOCATION

SIXTH STREET

VICINITY MAP
DATE: FEB. 28, 2017

AB/ ENGINEERING
CONSULTANTS, INC.
1701
SANTA

EAST EDINGER AVENUE, SUREAI
ANA, CAUFORNIA 92705
11:L: (888) 22D 5598
FAX: (714) 886•'171
N
PLATE
1

Page 1065 of 1895 ends

DATE: 11/20/2024
TO: Honorable Mayor and City Council Members
FROM: Planning and Development Department
2024-144

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

RELEASE OF RETAINING WALL SECURITY POSTED BY VISTA MONTEREY 91 LLC, A DELAWARE LIMITED LIABILITY COMPANY FOR PARCEL MAP 35661 LOCATED BETWEEN PROMENADE AVENUE AND THE 91 FREEWAY, WEST OF THE EXISTING CORONA HILLS PLAZA SHOPPING CENTER (APPLICANT: VISTA MONTEREY 91,

LLC, A DELAWARE LIMITED LIABILITY COMPANY)
EXECUTIVE SUMMARY:

This staff report asks the City Council to release the retaining wall security associated with Parcel Map 35661. The developer has completed the retaining wall improvements associated with Parcel Map 35661 and is requesting the release of the posted security.

RECOMMENDED ACTION:

That the City Council release the retaining wall security associated with Parcel Map 35661. (Bond No. 800018783)
BACKGROUND & HISTORY:

Parcel Map 35661 (PM 35661) subdivided 20.15 acres into two lots for the development of 442 apartment units. The project was approved by the City Council on May 21, 2008. The developer completed the construction of the project and requested that the security posted for the construction of the retaining wall be released.

ANALYSIS:

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The site was graded in accordance with City standards and the approved retaining walls were completed and inspected to ensure conformity with City specifications. Therefore, it is appropriate for the City to release the retaining wall securities at this time.

The following is a summary of the security posted for the retaining wall:

Security No. Amount
Retaining Walls
PGR170024 – DWG# 16-
040W
800018783 $619,500
FINANCIAL IMPACT:

All applicable fees have been paid by the developer.

ENVIRONMENTAL ANALYSIS:

This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action is to release securities posted for a previously approved project. There is no possibility that this action will have a significant effect on the environment. Therefore, no environmental analysis is required.

PREPARED BY: JESSICA KANG, ASSOCIATE ENGINEER
REVIEWED BY: JOANNE COLETTA, PLANNING AND DEVELOPMENT DIRECTOR ATTACHMENTS:

1. Exhibit 1 – Location Map

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\
..

TIC ROC Ill PROMEtW>E, LLC
APN: 115-500-016

MULTI-FAMILY DWELLING
ur::

PRICE REIT INC.

APN: 115-380-08
& 115-380-09

COMMERCIAL LOT

CITY OF CORONA
APN: 115-380-

DEPARIMENT STORE

INDEX MAP
SCALE: 1 "=300'

LAND DEVELOPMENT DIVISION
400 S. VINCENTIA AVE., CORONA
TEL: 951-736-2436
EXHIBIT "1"
PARCEL MAP NO. 35661

VISTA MONTEREY APARTMENTS
PREPARED BY: DOM PLATA
-
J \
N.
2-025 CROSSINGS Hh
EN11AL
-050 APN: 115-393-049
RESIOENTIAI..

HIGHWAY 91
RJVERS/fE FREEWAY
01Y OF CORONA

WCNTYMAP
N.T.S.

OFF-SITE GRADING AREA

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DATE: 11/20/2024
TO: Honorable Mayor and City Council Members
FROM: Community Services Department
2024-143

REQUEST FOR CITY COUNCIL AND

CORONA HOUSING AUTHORITY ACTION
SUBJECT:

APPROVAL OF CORONA DEL REY APARTMENTS PASS THROUGH FUNDING AGREEMENT FOR THE REHABILITATION OF 160 AFFORDABLE HOUSING UNITS,

CORONA DE ORO APARTMENTS PASS THROUGH FUNDING AGREEMENT FOR THE REHABILITATION OF 72 AFFORDABLE HOUSING UNITS, AND FIRST

AMENDMENT TO THE CORONA DE ORO APARTMENTS REGULATORY

AGREEMENT TO EXTEND THE AFFORDABILITY TERM IN PERPETUITY EXECUTIVE SUMMARY:

This staff report asks that the City Council approve the Corona Del Rey and Corona De Oro Pass Through Funding Agreements and the First Amendment to the Corona De Oro Regulatory Agreement. Approval of these agreements will authorize the pass-through of the $8,000,000 of State of California budget surplus funds to be allocated for renovation efforts currently underway. National Community Renaissance of California petitioned the State of California for funding with the support of the City of Corona to receive an allocation of surplus funds for the rehabilitation of two of their affordable housing projects located in Corona. Pursuant to the 2021-22 California Budget Act, the City of Corona was allocated $8,000,000 to renovate Corona Del Rey and Corona De Oro Apartments.

RECOMMENDED ACTION:

That the City Council:

Page 1069 of 1895 ends

a. Approve the Corona Del Rey Apartments Pass Through Agreement and authorize the City Manager, or his designee, to take actions necessary in furtherance of this action.
b. Approve the Corona De Oro Apartments Pass Through Agreement and authorize the City Manager, or his designee, to take actions necessary in furtherance of this action.
c. Approve the First Amendment to the Corona De Oro Apartments Regulatory Agreement and authorize the City Manager, or his designee, to take actions necessary in furtherance of this action.
d. Authorize an appropriation and estimated revenue increase in the amount of $8,000,000 to the Community Services Department’s operating budget within the Low Mod Income Housing Asset Fund 291 to disburse these grants funds in accordance with the two Pass Through Agreements.

BACKGROUND & HISTORY:

Over two decades ago, the former Redevelopment Agency of the City of Corona (Former RDA) and Southern California Housing Development Corp, now known as National Community Renaissance of California (NCRC), entered into two affordable housing agreements as follows:

Corona del Rey (CDR)
On June 1, 1996, as amended on May 23, 1998, the Former RDA and NCRC entered into the Affordable Housing Agreement Corona West Apartments. The housing agreement provided financial assistance from the Former RDA to assist NCRC with the acquisition, rehabilitation, operation, and management of a 160- unit affordable multifamily apartment rental community now known as Corona del Rey Apartments; and for the units to remain affordable in perpetuity with 32 units at 50%, 32 units at 60%, and 96 unite at 80% of the family median income. The property consists of 40 fourplexes (totaling 160 2-bedroom units), a leasing office, and community facilities. The property is located at 1148 D Street, Corona.

Corona de Oro (CDO)
On March 1, 2000, the Former RDA and NCRC entered into the Corona de Oro Affordable Housing Agreement. The housing agreement provided financial assistance for acquiring, restoring, operating, and managing a 72-unit affordable multifamily apartment rental community; and for the units to remain affordable for 55 years with 33 units at 45% and 38 units at 50% of the family median income.

The property consists of 18 fourplexes (totaling 72 2-bedroom units), a leasing office, and community facilities. It is located at 680 W. Second Street, Corona.

A location map of both projects is provided in Exhibit A.

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For several years, NCRC has assessed short and long-term property needs and financing opportunities in furtherance of their capital needs. In January 2020, NCRC met with City staff to discuss rehabilitation plans. In March 2020, NCRC submitted a formal project proposal that combined the Corona del Rey and Corona de Oro apartments into a single affordable housing development called the Las Coronas Apartments. This proposal would require the Corona Housing Authority to enter into new affordable housing and regulatory agreements that would replace the existing agreements. NCRC opted to consolidate its developments into a single development to improve its viability of receiving tax credit funding due to the highly competitive nature of this financing. The 2020 scope of the improvements focused on major rehabilitation improvements needed to extend the life of the units.

On January 20, 2021, the City Council (City) and Corona Housing Authority tentatively agreed to NCRC’s request to combine the projects and associated housing loans, change affordability terms to “in perpetuity” for all units, and other associated terms listed below.

An agreement was contingent on NCRC securing tax credits. A Letter of Commitment from the City was prepared and submitted to the California Debt Limit Allocation Committee in February 2021 and again in May 2021. Unfortunately, due to extreme demands for tax credits and rules favoring the production of new units over rehabilitation, NCRC has been unsuccessful in securing tax credits but has remained vigilant in looking for alternative funding opportunities.

In early 2021, NCRC informed staff of a potential funding opportunity from the State of California that, with the support of Assemblywoman Sabrina Cervantes, they could petition for general state surplus funds in an amount of up to $8,000,000 to support a portion of their renovation expenses. On April 27, 2021, on behalf of the City, the Mayor signed a Letter of Support for the Las Coronas Affordable Housing Project which consists of Corona Del Rey and Corona De Oro.

The Department of Housing and Community Development (HCD) issued an award letter on October 14, 2021. Pursuant to the 2021-22 California Budget Act, the City of Corona was allocated $8,000,000 to renovate the Las Coronas Affordable Housing community.

In order to secure funding, the City would be required to accept and administer the funds upon executing HCD’s contract. On December 15, 2021, as adopted under City Council Resolution 2021-130, the City accepted HCD’s terms and obligations to: 1) distribute the $8,000,000 of State grant funds to NCRC for the renovation of the Las Coronas affordable housing community; 2) maintain books, records, documents, and other evidence that demonstrates the funding was used to renovate the Las Coronas Affordable Housing Community; and 3) maintain and make available all records for audit and inspection by HCD for a period of three (3) years.

ANALYSIS:

In addition to the State surplus fund grant, NCRC has spent the past few years seeking alternative funding options and has successfully secured financial assistance from Riverside County American Rescue Plan Act funds, County Project-Based Vouchers, and private funding.

Page 1071 of 1895 ends

Notably, NCRC is funding most of the improvements with sources other than local housing or City funds and has agreed to extend the Corona de Oro affordability period from 55 years to “in perpetuity.” This term is consistent with the affordability period for Corona del Rey, which is also “in perpetuity.”
The following is a summary of NCRC’s projects.

CORONA DEL REY
Under the CDR Pass Through Agreement, NCRC has agreed to conduct improvements project-wide in exchange for the City’s support and pass-through of $5,500,000 of state funds. A general description of improvements include:
 ADA mobility and communication improvements will be performed on eight (8) units and four (4) communication units for hearing and visually impaired residents.  Environmental remediation efforts, including asbestos abatement and mold and mildew treatment.
 Electrical upgrades in all units.
 Plumbing improvements will occur where needed. Some of these improvements will include replacing bathtubs and surrounds, bathtub reglazing, replacing all domestic water supply piping, replacing the water main valve, and installing dishwashers.
 Mechanical improvements include the replacement of existing HVAC units in each unit with ductless mini splits (total of4 each unit) and new venting for range hoods.  Painting all interior surfaces.
 Cabinetry, countertops, flooring, and appliances in nearly all units.

For a complete list and description of improvements by unit, refer to Exhibits C and D of the agreement attached to this staff report.

The Sources of Funds for this project are:

State Budget Allocation $5,500,000
County of Riverside ARPA Loan $5,000,000
NCRC Loan (private loan) $11,287,075
Energy Efficiency Rebates $2,030,453
Existing Property Reserves $840,623
Total $24,658,151
Rehabilitation efforts started in May 2023 and are expected to be completed in March 2025.

CORONA DE ORO
Under this negotiated transaction, NCRC has agreed to conduct improvements projectwide and amend the regulatory agreement to extend the affordability term from 55 years

Page 1072 of 1895 ends

to “in perpetuity” in exchange for the City’s support and pass-through of $2,500,000 of state funds.

A general description of improvements include:
 ADA mobility and communication improvements will be performed on four (4) units and two (2) communication units for hearing and visually impaired residents.  Environmental remediation efforts, including asbestos abatement and mold and mildew treatment.
 Plumbing improvements will occur where needed. Some of these improvements will include replacing bathtubs and surrounds, bathtub reglazing, replacing all domestic water supply piping, replacing the water main valve, and installing dishwashers.
 Cabinetry, countertops, and flooring.

For a complete list and description of improvements by unit, refer to Exhibits C and D of the agreement attached to this staff report.

The Sources of Funds for this project are:

State Budget Allocation $2,500,000
County of Riverside ARPA Loan $1,000,000
NCRC Loan (private loan) $1,241,206
Total $4,741,206
Rehabilitation efforts started in April 2024 and are expected to be completed in March 2025.

In conclusion, staff recommends approval of the Corona Del Rey and Corona De Oro Pass Through Funding Agreements and the First Amendment to the Corona De Oro Regulatory Agreement.

COMMISSION ACTION:

On November 13, 2024, the Corona De Oro First Amendment to the Regulatory Agreement was presented to the Planning and Housing Commission to inform and seek the Commission’s support to change the 55-year affordability term to in perpetuity. The Commission recommended approval.

FINANCIAL IMPACT:

This action has no fiscal impact on the City’s General Fund. The State of California’s $8,000,000 award, currently deposited into Housing Fund 291, will be utilized to fund these activities. $2,500,000 of the award will be utilized for Corona De Oro apartments, and the remaining $5,500,000 will be utilized for the Corona Del Rey apartments.

Approval of the recommended actions will result in an appropriation and estimated

Page 1073 of 1895 ends

revenue increase in the amount of $8,000,000 to the Community Services Department’s operating budget within the Low Mod Income Housing Asset Fund 291.

ENVIRONMENTAL ANALYSIS:

This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action is a financial transaction between the Department of Housing and Community Development and the City of Corona, and there is no possibility that adopting this resolution will have a significant effect on the environment. Therefore, no environmental analysis is required.

PREPARED BY: CYNTHIA LARA, COMMUNITY ASSISTANCE MANAGER REVIEWED BY: DONNA FINCH, COMMUNITY SERVICES DIRECTOR
ATTACHMENTS:

1. Exhibit 1 – Locational Map

2. Exhibit 2 – Corona Del Rey Apartments Pass Through Funding Agreement

3. Exhibit 3 - Corona De Oro Pass Through Funding Agreement

4. Exhibit 4 – First Amendment to the Corona De Oro Regulatory Agreement

5. Exhibit 5 – First Amendment to the Corona De Oro Regulatory Agreement (redline)

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LOCATIONAL MAP

CORONA DEL REY
1148 D STREET

CORONA CA

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CORONA DE ORO
680 W SECOND STREET

CORONA CA

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Certificate Of Completion
Envelope Id: 0303AE5B5E8C45A59078D0EA4B69AD68 Status: Completed Subject: Complete with Docusign: AGMT - PASS THORUGH FUNDING AGREEMENT FOR CORONA DE ORO APARTMENTS BUDG...

Source Envelope:

Document Pages: 32 Signatures: 1 Envelope Originator:

Certificate Pages: 2 Initials: 2 April Nunez
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
400 S Vicentia Ave
Corona, CA 92882
[email protected]
IP Address: 64.29.226.10
Record Tracking
Status: Original
10/28/2024 7:33:42 AM
Holder: April Nunez
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Corona, CA Location: DocuSign Signer Events Signature Timestamp

MICHAEL FINN
[email protected]
CFO
Legacy Square, LP
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 97.93.169.34
Sent: 10/28/2024 8:00:34 AM
Viewed: 10/28/2024 8:34:48 AM
Signed: 10/28/2024 8:34:53 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Cynthia Lara
[email protected]
Community Assistance Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 64.29.226.10
Sent: 10/28/2024 11:58:43 AM
Resent: 10/28/2024 11:59:06 AM
Resent: 10/28/2024 1:19:00 PM
Viewed: 10/28/2024 4:13:01 PM
Signed: 10/28/2024 4:13:16 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Donna Finch
[email protected]
Community Services Director
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 64.29.226.10
Sent: 10/28/2024 8:34:55 AM
Resent: 10/28/2024 4:13:18 PM
Viewed: 10/28/2024 6:16:37 PM
Signed: 10/28/2024 6:16:52 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp

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Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/28/2024 8:00:34 AM
Envelope Updated Security Checked 10/28/2024 11:58:43 AM Envelope Updated Security Checked 10/28/2024 11:58:43 AM Certified Delivered Security Checked 10/28/2024 6:16:37 PM Signing Complete Security Checked 10/28/2024 6:16:52 PM Completed Security Checked 10/28/2024 6:16:52 PM
Payment Events Status Timestamps

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Docusign Envelope ID: 383CBD55-A3C2-4061-805B-A784DA0894BC

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Certificate Of Completion
Envelope Id: 383CBD55A3C24061805BA784DA0894BC Status: Completed Subject: Complete with Docusign: AGMT - PASS THROUGH FUNDING AGREEMENT FOR CORONA DEL REY APARTMENTS BUD...

Source Envelope:

Document Pages: 41 Signatures: 1 Envelope Originator:

Certificate Pages: 2 Initials: 2 April Nunez
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
400 S Vicentia Ave
Corona, CA 92882
[email protected]
IP Address: 64.29.226.10
Record Tracking
Status: Original
10/28/2024 8:02:34 AM
Holder: April Nunez
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Corona, CA Location: DocuSign Signer Events Signature Timestamp
Cynthia Lara
[email protected]
Community Assistance Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 64.29.226.10
Sent: 10/28/2024 8:05:38 AM
Viewed: 10/28/2024 9:15:15 AM
Signed: 10/28/2024 9:15:29 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Donna Finch
[email protected]
Community Services Director
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 64.29.226.10
Sent: 10/28/2024 8:05:38 AM
Viewed: 10/28/2024 12:32:28 PM
Signed: 10/28/2024 12:32:42 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign

MICHAEL FINN
[email protected]
CFO
Legacy Square, LP
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 97.93.169.34
Sent: 10/28/2024 8:05:37 AM
Viewed: 10/28/2024 8:36:46 AM
Signed: 10/28/2024 8:36:52 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp

Page 1152 of 1895 ends

Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/28/2024 8:05:39 AM
Certified Delivered Security Checked 10/28/2024 8:36:46 AM Signing Complete Security Checked 10/28/2024 8:36:52 AM Completed Security Checked 10/28/2024 12:32:42 PM
Payment Events Status Timestamps

Page 1153 of 1895 ends

JAMIER\01200.20005\10298653.8

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Corona Housing Authority
400 S. Vicentia Avenue
Corona, CA 92882
Attn: Executive Director
______________________________________________________________________________ APN’s: 117-350-001 SPACE ABOVE FOR RECORDER’S USE ONLY
117-350-002 EXEMPT FROM RECORDING FEE PER
GOVERNMENT CODE §27383

FIRST AMENDMENT
TO

CORONA DE ORO APARTMENTS

REGULATORY AGREEMENT

AND DECLARATION OF RESTRICTIVE COVENANTS
by and among

CITY OF CORONA HOUSING AUTHORITY,
a public body, corporate and politic,
organized under the laws of the State of California, as the successor to the former City of Corona Redevelopment Agency
and

CORONA DE ORO APARTMENTS, LP,
a California limited partnership
[Dated as of November 20, 2024 for reference purposes only]

Page 1154 of 1895 ends

-- 1 --
JAMIER\01200.20005\10298653.8

FIRST AMENDMENT
TO

CORONA DE ORO APARTMENTS

REGULATORY AGREEMENT

AND DECLARATION OF RESTRICTIVE COVENANTS
This FIRST AMENDMENT TO CORONA DE ORO APARTMENTS REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (“First Amendment”) is made and entered into as of November 20, 2024, by and between the CITY OF CORONA HOUSING AUTHORITY, a public body, corporate and politic, organized under the laws of the State of California as the successor to the former City of Corona Redevelopment Agency (the “Authority”),) and CORONA DE ORO APARTMENTS, LP, a California limited partnership (“Owner”).

RECITALS
A. On or about March 1, 2000, Owner and the Redevelopment Agency of the City of Corona (“Redevelopment Agency”) entered into that certain Affordable Housing Agreement (Corona de Oro Apartments) (“AHA”), which was recorded in the Official Records of Riverside County (“Official Records”) as document number 2000-323124 on August 17, 2000, which provided for, among other things, certain financial assistance to Owner to assist Owner in acquisition, rehabilitation, operation, and management of a 72-unit affordable multifamily apartment rental community known as Corona de Oro Apartments (“Project”) on certain real property located at 680 West 2nd Street in the City of Corona, California, as more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (“Property”).

B. In connection therewith, and as a condition precedent to receipt of the financial assistance, Owner and the Redevelopment Agency also entered into: (1) that certain Corona de Oro Regulatory Agreement and Declaration of Restrictive Covenants dated March 1, 2000 and recorded in the Official Records as document number 2000-323125 on August 17, 2000 (“Original Regulatory Agreement”) which requires that the Project be operated and maintained as affordable housing for persons and families of very low and low income; and (2) that certain Corona de Oro Apartments Operation and Maintenance Agreement, dated March 1, 2000 and recorded in the Official Records as document number 2000-323125 on August 17, 2000 (“OMA”).

C. The terms of the Original Regulatory Agreement require that certain covenants and affordability restrictions remain in full force and effect on the Project for a term of fifty-five (55) years commencing on the date of recordation of the Original Regulatory Agreement.

D. With the dissolution of all redevelopment agencies, all rights, powers, assets, liabilities, duties, and obligations associated with the housing activities of the Redevelopment Agency were transferred to the Authority pursuant to Health and Safety Code section 34176, as provided in Resolution No. 2012-005 of the City Council of the City of Corona, dated January 18, 2012, and Resolution No. 2012-006 of the Oversight Board to the Successor Agency to the Redevelopment Agency of the City of Corona, dated April 5, 2012. As such, the Authority has assumed all Redevelopment Agency’s rights and obligations in the AHA and the Original Regulatory Agreement.

Page 1155 of 1895 ends

-- 2 --
JAMIER\01200.20005\10298653.8
E. Pursuant to the 2021-22 California Budget Act (2021-22 Budget Bill Jr., Chapter 69, Section 19.56), the City of Corona was allocated $8,000,000, a portion of which the City will disburse to Owner for the renovation of the Corona de Oro Apartments (“Budget Allocation”).

F. The Parties agree that the sum of Two Million Five Hundred Thousand Dollars ($2,500,000) from the Budget Allocation (“Corona de Oro Budget Allocation”) shall be allocated for the renovation of the Corona de Oro Apartments G. In exchange for the discretionary Corona de Oro Budget Allocation and Reserve Account Allocation, Owner has agreed to amend the term of the Original Regulatory Agreement to require that the covenants and affordability restrictions set forth therein remain in full force and effect on the Project in perpetuity.

NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Authority and Owner hereby agree for themselves, their successors and assigns, as follows:

1. Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated into this First Amendment by this reference as though fully set forth in this First Amendment.

2. Definitions. All initially capitalized terms used and not otherwise defined in the Recitals shall have the meaning ascribed to such term by the Original Regulatory Agreement.

3. Term of Regulatory Agreement and Related Agreements. Section 3.1 of the Original Regulatory Agreement is hereby deleted and replaced in its entirety as follows:
“3.1 Term of Regulatory Agreement and Related
Agreements. This Regulatory Agreement and the Related
Agreements shall remain in full force and effect in perpetuity, unless the Owner and the Agency agree, in writing, to terminate this Regulatory Agreement or the Related Agreements. The parties intend that the provisions and effect of this Regulatory Agreement and the Related Agreements, and specifically of Article 2 hereof, shall remain in full force and effect for the entire term hereof.

Notwithstanding anything to the contrary contained herein, Authority shall work in good faith with Owner to modify this Regulatory Agreement as may be reasonably necessary (including, without limitation, float-up provisions) in order to facilitate the syndication and/or financing of the Project.”

4. References to Agency. All references in the Original Regulatory Agreement and the Related Agreements to “Agency” or the Redevelopment Agency of the City of Corona shall mean and refer to the Authority.

5. Effect on Original Regulatory Agreement. All terms and conditions of the Original Regulatory Agreement that are not expressly and specifically modified by this First Amendment

Page 1156 of 1895 ends

-- 3 --
JAMIER\01200.20005\10298653.8
shall remain unmodified, in full force and effect and binding on the Parties. This First Amendment shall be enforceable and interpreted in accordance with a subject to all of the terms, provisions, conditions, covenants and agreements set forth in the Original Regulatory Agreement, except as specifically and expressly modified in this First Amendment. On and after the date of this First Amendment, the term "Regulatory Agreement" in the Regulatory Agreement shall mean and refer to the Original Regulatory Agreement, as amended by this First Amendment.

6. Conflict. In the event of a conflict between the terms and conditions of this First Amendment and the terms and conditions of the Original Regulatory Agreement, the terms and conditions of this First Amendment shall control.

7. Counterparts. This First Amendment may be signed in counterparts (including facsimile or electronic counterparts), each of which shall be deemed an original, and all such counterparts, when taken together, shall constitute one agreement.

IN WITNESS WHEREOF, Authority and Owner have caused this First Amendment to be signed, acknowledged and attested on their behalf by duly authorized representatives in counterpart original copies which shall upon execution by all of the parties be deemed to be one original document.
(Signatures on following two pages)

Page 1157 of 1895 ends

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JAMIER\01200.20005\10298653.8

AUTHORITY SIGNATURE PAGE TO

FIRST AMENDMENT
TO

CORONA DE ORO APARTMENTS

REGULATORY AGREEMENT

AND DECLARATION OF RESTRICTIVE COVENANTS
AUTHORITY:

CITY OF CORONA HOUSING AUTHORITY,
a public body, corporate and politic, organized under the laws of the State of California, By: Date:

Jacob Ellis
Executive Director
ATTEST:

Authority Secretary

Page 1158 of 1895 ends

-- 5 --
JAMIER\01200.20005\10298653.8

OWNER SIGNATURE PAGE TO

FIRST AMENDMENT
TO

CORONA DE ORO APARTMENTS

REGULATORY AGREEMENT

AND DECLARATION OF RESTRICTIVE COVENANTS
DEVELOPER:

CORONA DE ORO APARTMENTS LP,
a California limited partnership
By: SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION OF

ORANGE,
a California non-profit public benefit corporation
Its: General Partner
By: ____________________________________
Michael Finn, Chief Financial Officer

Page 1159 of 1895 ends

-- 6 --
JAMIER\01200.20005\10298653.8
EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
LOTS 1 THROUGH 18, INCLUSIVE, OF TRACT NO. 2683, IN THE CITY OF CORONA, AS SHOWN BY MAP ON FILE IN BOOK 49, PAGE 55 OF MAPS IN THE OFFICE OF THE

COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA
TOGETHER WITH THE VACATED ALLEY (LOT “B”) AND COTA AVENUE (LOT “A”), AS VACATED BY RESOLUTION NO. 2000-55 RECORDED JUNE 16, 2000 AS INSTRUMENT NO. 2000-232018, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

Assessor’s Parcel Numbers:
117-350-001
117-350-002

Page 1160 of 1895 ends

JAMIER\01200.20005\10298653.7 JAMIER\01200.20005\10298653.7 Formatte

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Corona Housing Authority
400 S. Vicentia Avenue
Corona, CA 92882
Attn: Executive Director
______________________________________________________________________________ APN’s: 117-350-001 SPACE ABOVE FOR RECORDER’S USE ONLY
117-350-002 EXEMPT FROM RECORDING FEE PER
GOVERNMENT CODE §27383

FIRST AMENDMENT
TO

CORONA DE ORO APARTMENTS

REGULATORY AGREEMENT

AND DECLARATION OF RESTRICTIVE COVENANTS
by and among

CITY OF CORONA HOUSING AUTHORITY,
a public body, corporate and politic,
organized under the laws of the State of California, as the successor to the former City of Corona Redevelopment Agency
and

CORONA DE ORO APARTMENTS, LP,
a California limited partnership
[Dated as of November 20, 2024 for reference purposes only]

Page 1161 of 1895 ends

-- 1 --
JAMIER\01200.20005\10298653.7 JAMIER\01200.20005\10298653.7 Formatte

FIRST AMENDMENT
TO

CORONA DE ORO APARTMENTS

REGULATORY AGREEMENT

AND DECLARATION OF RESTRICTIVE COVENANTS
This FIRST AMENDMENT TO CORONA DE ORO APARTMENTS REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (“First Amendment”) is made and entered into as of November 20, 2024, by and between the CITY OF CORONA HOUSING AUTHORITY, a public body, corporate and politic, organized under the laws of the State of California as the successor to the former City of Corona Redevelopment Agency (the “Authority”),) and CORONA DE ORO APARTMENTS, LP, a California limited partnership (“Owner”).

RECITALS
A. On or about March 1, 2000, Owner and the Redevelopment Agency of the City of Corona (“Redevelopment Agency”) entered into that certain Affordable Housing Agreement (Corona de Oro Apartments) (“AHA”), which was recorded in the Official Records of Riverside County (“Official Records”) as document number 2000-323124 on August 17, 2000, which provided for, among other things, certain financial assistance to Owner to assist Owner in acquisition, rehabilitation, operation, and management of a 72-unit affordable multifamily apartment rental community known as Corona de Oro Apartments (“Project”) on certain real property located at 680 West 2nd Street in the City of Corona, California, as more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (“Property”).

B. In connection therewith, and as a condition precedent to receipt of the financial assistance, Owner and the Redevelopment Agency also entered into: (1) that certain Corona de Oro Regulatory Agreement and Declaration of Restrictive Covenants dated March 1, 2000 and recorded in the Official Records as document number 2000-323125 on August 17, 2000 (“Original Regulatory Agreement”) which requires that the Project be operated and maintained as affordable housing for persons and families of very low and low income; and (2) that certain Corona de Oro Apartments Operation and Maintenance Agreement, dated March 1, 2000 and recorded in the Official Records as document number 2000-323125 on August 17, 2000 (“OMA”).

C. The terms of the Original Regulatory Agreement require that certain covenants and affordability restrictions remain in full force and effect on the Project for a term of fifty-five (55) years commencing on the date of recordation of the Original Regulatory Agreement.

D. With the dissolution of all redevelopment agencies, all rights, powers, assets, liabilities, duties, and obligations associated with the housing activities of the Redevelopment Agency were transferred to the Authority pursuant to Health and Safety Code section 34176, as provided in Resolution No. 2012-005 of the City Council of the City of Corona, dated January 18, 2012, and Resolution No. 2012-006 of the Oversight Board to the Successor Agency to the Redevelopment Agency of the City of Corona, dated April 5, 2012. As such, the Authority has assumed all Redevelopment Agency’s rights and obligations in the AHA and the Original Regulatory Agreement.

Page 1162 of 1895 ends

-- 2 --
JAMIER\01200.20005\10298653.7 JAMIER\01200.20005\10298653.7 Formatte
E. Pursuant to the 2021-22 California Budget Act (2021-22 Budget Bill Jr., Chapter 69, Section 19.56), the City of Corona was allocated $8,000,000, a portion of which the City will disburse to Owner for the renovation of the Corona de Oro Apartments (“Budget Allocation”).

F. The Parties agree that the sum of Two Million Five Hundred Thousand Dollars ($2,500,000) from the Budget Allocation (“Corona de Oro Budget Allocation”) shall be allocated for the renovation of the Corona de Oro Apartments G. In exchange for the discretionary Corona de Oro Budget Allocation and Reserve Account Allocation, Owner has agreed to amend the term of the Original Regulatory Agreement to require that the covenants and affordability restrictions set forth therein remain in full force and effect on the Project in perpetuity.

NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Authority and Owner hereby agree for themselves, their successors and assigns, as follows:

1. Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated into this First Amendment by this reference as though fully set forth in this First Amendment.

2. Definitions. All initially capitalized terms used and not otherwise defined in the Recitals shall have the meaning ascribed to such term by the Original Regulatory Agreement.

3. Term of Regulatory Agreement and Related Agreements. Section 3.1 of the Original Regulatory Agreement is hereby deleted and replaced in its entirety as follows:
“3.1 Term of Regulatory Agreement and Related
Agreements. This Regulatory Agreement and the Related
Agreements shall remain in full force and effect for a period of fifty-five (55) years from the recordation hereofin perpetuity, unless the Owner and the Agency agree, in writing, to sooner terminate or extend this Regulatory Agreement or the Related Agreements, or unless a longer term is provided by a specific provision of this Regulatory Agreement or the Related
Agreements. The parties intend that the provisions and effect of this Regulatory Agreement and the Related Agreements, and specifically of Article 2 hereof, shall remain in full force and effect for the entire term hereof or for such longer term as may be provided by a specific provision of the Related Agreements.

Notwithstanding anything to the contrary contained herein, Authority shall work in good faith with Owner to modify this Regulatory Agreement as may be reasonably necessary (including, without limitation, float-up provisions) in order to facilitate the syndication and/or financing of the Project.”

Page 1163 of 1895 ends

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JAMIER\01200.20005\10298653.7 JAMIER\01200.20005\10298653.7 Formatte

4. References to Agency. All references in the Original Regulatory Agreement and the Related Agreements to “Agency” or the Redevelopment Agency of the City of Corona shall mean and refer to the Authority.

5. Effect on Original Regulatory Agreement. All terms and conditions of the Original Regulatory Agreement that are not expressly and specifically modified by this First Amendment shall remain unmodified, in full force and effect and binding on the Parties. This First Amendment shall be enforceable and interpreted in accordance with a subject to all of the terms, provisions, conditions, covenants and agreements set forth in the Original Regulatory Agreement, except as specifically and expressly modified in this First Amendment. On and after the date of this First Amendment, the term "Regulatory Agreement" in the Regulatory Agreement shall mean and refer to the Original Regulatory Agreement, as amended by this First Amendment.

6. Conflict. In the event of a conflict between the terms and conditions of this First Amendment and the terms and conditions of the Original Regulatory Agreement, the terms and conditions of this First Amendment shall control.

7. Counterparts. This First Amendment may be signed in counterparts (including facsimile or electronic counterparts), each of which shall be deemed an original, and all such counterparts, when taken together, shall constitute one agreement.

IN WITNESS WHEREOF, Authority and Owner have caused this First Amendment to be signed, acknowledged and attested on their behalf by duly authorized representatives in counterpart original copies which shall upon execution by all of the parties be deemed to be one original document.
(Signatures on following two pages)

Page 1164 of 1895 ends

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JAMIER\01200.20005\10298653.7 JAMIER\01200.20005\10298653.7 Formatte

AUTHORITY SIGNATURE PAGE TO

FIRST AMENDMENT
TO

CORONA DE ORO APARTMENTS

REGULATORY AGREEMENT

AND DECLARATION OF RESTRICTIVE COVENANTS
AUTHORITY:

CITY OF CORONA HOUSING AUTHORITY,
a public body, corporate and politic, organized under the laws of the State of California, By: Date:

Jacob Ellis
Executive Director
ATTEST:

Authority Secretary

Page 1165 of 1895 ends

-- 5 --
JAMIER\01200.20005\10298653.7 JAMIER\01200.20005\10298653.7 Formatte

OWNER SIGNATURE PAGE TO

FIRST AMENDMENT
TO

CORONA DE ORO APARTMENTS

REGULATORY AGREEMENT

AND DECLARATION OF RESTRICTIVE COVENANTS
DEVELOPER:

CORONA DE ORO APARTMENTS LP,
a California limited partnership
By: SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION OF

ORANGE,
a California non-profit public benefit corporation
Its: General Partner
By: ____________________________________
Michael Finn, Chief Financial Officer

Page 1166 of 1895 ends

-- 6 --
JAMIER\01200.20005\10298653.7 JAMIER\01200.20005\10298653.7 Formatte
EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
LOTS 1 THROUGH 18, INCLUSIVE, OF TRACT NO. 2683, IN THE CITY OF CORONA, AS SHOWN BY MAP ON FILE IN BOOK 49, PAGE 55 OF MAPS IN THE OFFICE OF THE

COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA
TOGETHER WITH THE VACATED ALLEY (LOT “B”) AND COTA AVENUE (LOT “A”), AS VACATED BY RESOLUTION NO. 2000-55 RECORDED JUNE 16, 2000 AS INSTRUMENT NO. 2000-232018, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

Assessor’s Parcel Numbers:
117-350-001
117-350-002

Page 1167 of 1895 ends

DATE: 11/20/2024
TO: Honorable Mayor and City Council Members
FROM: Finance Department
2024-130

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

RESOLUTION DECLARING THE CITY’S INTENTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2016-3 (MAINTENANCE SERVICES) AND

ADOPTING A MAP OF THE AREA PROPOSED TO BE ANNEXED THERETO (ANNEXATION NO. 41)
EXECUTIVE SUMMARY:

This staff report asks the City Council to adopt a Resolution declaring intention to annex territory to Community Facilities District No. 2016-3 (Maintenance Services). Certain development projects are required to form or annex into a maintenance district. In accordance with this requirement, Sajid Bari Syed and Memona Begum Syeda, and Pacific Premier Trust (“Owners”) is requesting annexation of Assessor’s Parcel Numbers 116-320-029 into the City’s Community Facilities District No. 2016-3 (Maintenance Services) to provide maintenance services for public facilities within and for the benefit of the proposed development.

RECOMMENDED ACTION:

That the City Council adopt Resolution No. 2024-104, declaring intention to annex territory to Community Facilities District No. 2016-3 (Maintenance Services) of the City of Corona, and adopting a map of the area proposed to be annexed thereto (Annexation No. 41).

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BACKGROUND & HISTORY:

On December 7, 2016, the City Council approved Resolution No. 2016-112 establishing Community Facilities District No. 2016-3 (Maintenance Services) of the City of Corona (“CFD No. 2016-3” or “District”) for the purpose of levying special taxes on parcels of taxable property to provide certain services which are necessary to meet increased demands placed upon the City.

Certain development projects are required to form or annex into a maintenance district.

These districts apply an annual fee or special tax upon properties within the district, which provides the revenue to offset the cost of maintenance of the public improvements necessary to serve the development.

ANALYSIS:

Sajid Bari Syed and Memona Begum Syeda, and Pacific Premier Trust (“Owners”) have submitted a Petition to the City requesting that Assessment Parcel Numbers 116-320- 029 be annexed to CFD No. 2016-3. The Petition, including the waiver and consent by the Owner, is on file in the City Clerk's office and authorizes the City to: (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; and (4) waive all noticing requirements relating to the conduct of the election immediately following the public hearing.

The development is comprised of an empty lot located south of Upper Dr., east of Lester Ave., and north of Sallie Jeffryes Way. The gross acreage for the entire property in the boundary area is approximately 1.80 acres, as shown in Exhibit “A” of Resolution No. 2024-104 (“Subject Parcel”). The Owner proposes to construct two residential units.

As a condition of approval, the Subject Parcel is required to be annexed into CFD No. 2016-3 to pay for the maintenance of landscaping, lighting and street maintenance, parks and graffiti. Should Resolution No. 2024-104 be approved, the annexation process proceeds, and a public hearing of the proposed annexation shall be held on January 15, 2025.

FINANCIAL IMPACT:

The proposed annexation will establish Tax Zone 41 within CFD No. 2016-3. The Subject Parcel will be assessed as residential units and will benefit from the existing and future landscaping, lighting, street maintenance, park and graffiti. This annexation will yield an estimate of $7,095 annually in special assessment revenue for the District at build-out as planned. The total annexation cost will be paid by the Owner.

ENVIRONMENTAL ANALYSIS:

This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This

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action merely declares the City’s intent to annex the Subject Parcel to CFD No. 2016-3 and there is no possibility that adopting this resolution will have a significant effect on the environment. Therefore, no environmental analysis is required.

PREPARED BY: ERMA MONTANO, SENIOR FINANCIAL ANALYST
REVIEWED BY: KIM SITTON, FINANCE DIRECTOR
ATTACHMENTS:

1. Exhibit 1 – CFD No. 2016-3 Annexation No. 41 Project Map

2. Exhibit 2 – Resolution No. 2024-104

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CFD NO. 2016-3 (MAINTENANCE SERVICES)
ANNEXATION NO. 41

PROJECT MAP
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RESOLUTION NO. 2024-104

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CORONA, CALIFORNIA DECLARING INTENTION TO

ANNEX TERRITORY TO COMMUNITY FACILITIES
DISTRICT NO. 2016-3 (MAINTENANCE SERVICES) OF

THE CITY OF CORONA, AND ADOPTING A MAP OF THE

AREA PROPOSED TO BE ANNEXED THERETO
(ANNEXATION NO. 41)
WHEREAS, the City Council (the "City Council") of the City of Corona (the "City'') has heretofore initiated proceedings for the establishment of Community Facilities District No. 2016-3 of the City of Corona, County of Riverside, State of California (the "Community Facilities District") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and WHEREAS, the City has received signed petitions from the owner and developer of a certain parcel of property requesting that such parcel be annexed to the Community Facilities District, and agreeing to the annual levy of special taxes on said property sufficient to pay the costs of such services and costs incidental thereto; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part l of Division 2 of Title 5 of the Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982," (the "Act") to annex territory to the Community Facilities District by complying with the procedures set forth in said Article 3.5.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:

SECTION 1. Intention. The City Council declares its intention to conduct proceedings pursuant to Article 3.5 of the Act for the annexation to the Community Facilities District of the territory described in Exhibit "A" attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District.

SECTION 2. Name of District. The name of the existing Community Facilities District is Community Facilities District No. 2016-3 (Maintenance Services) of the City of Corona, County of Riverside, State of California.

SECTION 3. Description of Territory Proposed to be Annexed; Annexation Map.

The territory which is included in the Community Facilities District is described on the map of the Community Facilities District recorded on November 7, 2016 in Book 80 of Maps of

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2 Assessment and Community Facilities Districts, page 24, and as Instrument No. 2016-0494014; and the map entitled Annexation Map No. 1 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on March 6, 2017 in Book 80 of Maps of Assessment and Community Facilities Districts, at page 45, and as Instrument No. 2017-0091538; the map entitled Annexation Map No. 2 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on April 25, 2017 in Book 80 of Maps of Assessment and Community Facilities Districts, at page 61, and as Instrument No. 2017-0164857; the map entitled Annexation Map No. 3 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on April 25, 2017 in Book 80 of Maps of Assessment and Community Facilities Districts, at page 60, and as Instrument No. 2017-0164856; the map entitled Annexation Map No. 4 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on April 11, 2018 in Book 82 of Maps of Assessment and Community Facilities Districts, at page 33, and as Instrument No. 2018- 0139326; the map entitled Annexation Map No. 5 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on May 9, 2018 in Book 82 of Maps of Assessment and Community Facilities Districts, at page 46, and as Instrument No. 2018-0180894; the map entitled Annexation Map No. 6 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on August 8, 2018 in Book 82 of Maps of Assessment and Community Facilities Districts, at page 95, and as Instrument No. 2018-0318806; the map entitled Annexation Map No. 7 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on September 12, 2018 in Book 83 of Maps of Assessment and Community Facilities Districts, at page 3, and as Instrument No. 2018-0366312; the map entitled Annexation Map No. 8 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on October 24, 2018 in Book 83 of Maps of Assessment and Community Facilities Districts, at page 19, and as Instrument No. 2018-0420213; the map entitled Annexation Map No. 9 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on December 12, 2018 in Book 83 of Maps of Assessment and Community Facilities Districts, at page 36, and as Instrument No. 2018- 0483574; the map entitled Annexation Map No. 10 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on April 10, 2019 in Book 83 of Maps of Assessment and Community Facilities Districts, at page 71, and as Instrument No. 2019-0121272; the map entitled Annexation Map No. 11 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on April 10, 2019 in Book 83 of Maps of Assessment and Community Facilities Districts, at page 72, and as Instrument No. 2019-0121273; the map entitled Annexation Map No. 12 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on April 10, 2019 in Book 83 of Maps of Assessment and Community Facilities Districts, at page 73, and as Instrument No. 2019-0121274; the map entitled Annexation Map No. 13 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on October 31, 2019 in Book 84 of Maps of Assessment and Community Facilities Districts, at page 47, and as Instrument No. 2019- 0443969; the map entitled Annexation Map No. 14 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on October 23, 2019 in Book 84 of Maps of Assessment and Community Facilities Districts, at page 40, and as Instrument No. 2019-0428088; the map entitled Annexation Map No. 15 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on February 26, 2020 in Book 84 of Maps of Assessment and Community Facilities Districts, at page 97, and as Instrument No. 2020-0087079; the map entitled Annexation Map No. 16 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on July 8, 2020 in Book 85 of Maps of Assessment and Community Facilities Districts, at page 44, and as

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3 Instrument No. 2020-0296754; the map entitled Annexation Map No. 17 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on June 25, 2020 in Book 85 of Maps of Assessment and Community Facilities Districts, at page 39, and as Instrument No. 2020- 0274667; the map entitled Annexation Map No. 19 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on September 23, 2020 in Book 85 of Maps of Assessment and Community Facilities Districts, at page 61, and as Instrument No. 2020-0451769; the map entitled Annexation Map No. 20 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on September 23, 2020 in Book 85 of Maps of Assessment and Community Facilities Districts, at page 62, and as Instrument No. 2020-0451770; the map entitled Annexation Map No. 21 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on November 12, 2020 in Book 85 of Maps of Assessment and Community Facilities Districts, at page 93, and as Instrument No. 2020-0562417; the map entitled Annexation Map No. 22 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on November 12, 2020 in Book 85 of Maps of Assessment and Community Facilities Districts, at page 94, and as Instrument No. 2020-0562418; the map entitled Annexation Map No. 23 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on April 7, 2021 in Book 86 of Maps of Assessment and Community Facilities Districts, at page 62, and as Instrument No. 2021-0246658; the map entitled Annexation Map No. 24 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on March 24, 2021 in Book 86 of Maps of Assessment and Community Facilities Districts, at page 50, and as Instrument No. 2021-0186140; the map entitled Annexation Map No. 25 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on April 28, 2021 in Book 86 of Maps of Assessment and Community Facilities Districts, at page 94, and as Instrument No. 2021-0264410; the map entitled Annexation Map No. 26 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on November 4, 2021 in Book 87 of Maps of Assessment and Community Facilities Districts, at page 87, and as Instrument No. 2021-0668966; the map entitled Annexation Map No. 27 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on July 28, 2021 in Book 87 of Maps of Assessment and Community Facilities Districts, at page 32, and as Instrument No. 2021- 0450034; the map entitled Annexation Map No. 28 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on September 22, 2021 in Book 87 of Maps of Assessment and Community Facilities Districts, at page 68, and as Instrument No. 2021-2021-0565136; the map entitled Annexation Map No. 29 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on August 5, 2021 in Book 87 of Maps of Assessment and Community Facilities Districts, at page 43, and as Instrument No. 2021-0469342; the map entitled Annexation Map No. 30 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on September 8, 2021 in Book 87 of Maps of Assessment and Community Facilities Districts, at page 59, and as Instrument No. 2021-0535299; the map entitled Annexation Map No. 31 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on November 10, 2021 in Book 87 of Maps of Assessment and Community Facilities Districts, at page 86, and as Instrument No. 2021-0668965; the map entitled Annexation Map No. 32 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on March 3, 2022 in Book 88 of Maps of Assessment and Community Facilities Districts, at page 41, and as Instrument No. 2022- 0106476; the map entitled Annexation Map No. 33 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on May 5, 2022 in Book 88 of Maps of Assessment and Community Facilities Districts, at page 86, and as Instrument No. 2022-0211816 in the official

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4 records of the County of Riverside; the map entitled Annexation Map No. 34 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on February 2, 2023 in Book 90 of Maps of Assessment and Community Facilities Districts, at page 51, and as Instrument No. 2023-0032152 in the official records of the County of Riverside; the map entitled Annexation Map No. 35 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on June 28, 2023 in Book 91 of Maps of Assessment and Community Facilities Districts, at page 52, and as Instrument No. 2023-0185724 in the official records of the County of Riverside; the map entitled Annexation Map No. 36 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on September 22, 2023 in Book 91 of Maps of Assessment and Community Facilities Districts, at page 97, and as Instrument No. 2023-0281617 in the official records of the County of Riverside; the map entitled Annexation Map No. 38 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on May 8, 2024 in Book 93 of Maps of Assessment and Community Facilities Districts, at page 7, and as Instrument No. 2024-0133590 in the official records of the County of Riverside; the map entitled Annexation Map No. 39 of Community Facilities District No. 2016-3 (Maintenance Services) recorded on August 27, 2024 in Book 93 of Maps of Assessment and Community Facilities Districts, at page 100, and as Instrument No. 2024-0257967 in the official records of the County of Riverside. The territory proposed to be annexed to the Community Facilities District is described in Exhibit "A" attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 41, Community Facilities District No. 2016-3 (Maintenance Services) City of Corona, County of Riverside, State of California," which is on file with the City Clerk (the "Annexation Map").

SECTION 4. Types of Services, Incidental Expenses; Plan for Providing Services. The Community Facilities District shall provide and finance the annual costs of maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-way, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use, including, but not limited to, maintenance and lighting of parks, parkways, streets, roads and open space, maintenance and operation of water quality improvements and storm drainage systems, and public street sweeping, within and in the area of the Community Facilities District. The Community Facilities District shall also finance cost associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District.

SECTION 5. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the services described in Section 4 above and the annual administrative expenses of the City and the Community Facilities District in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the territory proposed to be annexed to the Community Facilities District. Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.

However, under no circumstances shall the special tax levied against any parcel subject to the levy of the special tax be increased as a consequence of delinquency or default by the owner of any

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