Execution Time: 05/01/2025 09:38:42 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747 | 6
TRANSACTION LEDGER
Transaction Type Settlement
Date CUSIP Quantity Security Description Price
Acq/
Disp
Yield
Amount Interest Pur/
Sold Total Amount Gain/Loss
OTHER
TRANSACTIONS
Equity Dividend 04/03/2025 921937835 0.00 VANGUARD TOT BD ETF 0.00% 28,039.63 0.00 28,039.63 0.00 Equity Dividend 04/04/2025 78468R622 0.00 SPDR BBG HIGH YIELD BD 0.00% 5,689.38 0.00 5,689.38 0.00 Total Equity
Dividend 0.00 33,729.01 0.00 33,729.01 0.00
Other Income 04/15/2025 CCYUSD 6.67 Cash 0.00% 6.67 0.00 6.67 0.00 Other Income 04/15/2025 CCYUSD 1.11 Cash 0.00% 1.11 0.00 1.11 0.00 Total Other
Income 7.78 7.78 0.00 7.78 0.00
TOTAL OTHER
TRANSACTIONS 7.78 33,736.79 0.00 33,736.79 0.00
Docusign Envelope ID: 08B6795C-92AF-4E22-A7E7-352BB2F8DF17
Execution Time: 05/01/2025 09:38:42 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747 | 7
INCOME EARNED
Cusip Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
CASH & EQUIVALENTS
CCYUSD Cash
116,787.98
83,051.19
0.00 0.00
116,787.98
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 Total Cash & Equivalents 116,787.98
83,051.19
0.00 0.00
116,787.98
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00 0.00
EQUITY
464287200 ISHARES:CORE S&P 500
27,685.00
11,327,322.90
0.00 0.00
11,327,322.90
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 464287507 ISHARES:CORE S&P MD-CP
131,550.00
6,422,098.29
0.00 0.00
6,422,098.29
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 78468R622 SPDR BBG HIGH YIELD BD
10,685.00
988,372.27
0.00 0.00
988,372.27
0.00 5,689.38
0.00 5,689.38
0.00 0.00
0.00 5,689.38
5,689.38
921937835 VANGUARD TOT BD ETF
116,650.00
8,492,312.28
0.00 0.00
8,492,312.28
0.00 28,039.63
0.00 28,039.63
0.00 0.00
0.00 28,039.63
28,039.63
921943858 VANGUARD DEV MKT ETF
98,750.00
4,266,381.44
0.00 0.00
4,266,381.44
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 922042676 VANGUARD GXUS RE ETF
25,315.00
1,043,765.11
0.00 0.00
1,043,765.11
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 Docusign Envelope ID: 08B6795C-92AF-4E22-A7E7-352BB2F8DF17
Execution Time: 05/01/2025 09:38:42 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747 | 8
INCOME EARNED
Cusip Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
922042858 VANGUARD EM ST I ETF
22,450.00
884,907.12
0.00 0.00
884,907.12
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 922908553 VANGUARD RE IDX ETF
45,215.00
3,931,310.50
0.00 0.00
3,931,310.50
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 922908751 VANGUARD S-C ID ETF
32,150.00
6,124,324.50
0.00 0.00
6,124,324.50
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 Total Equity 510,450.00
43,480,794.41
0.00 0.00
43,480,794.41
0.00 33,729.01
0.00 33,729.01
0.00 0.00
0.00 33,729.01 33,729.01
TOTAL PORTFOLIO 627,237.98
43,563,845.60
0.00 0.00
43,597,582.39
0.00 33,729.01
0.00 33,729.01
0.00 0.00
0.00 33,729.01 33,729.01
Docusign Envelope ID: 08B6795C-92AF-4E22-A7E7-352BB2F8DF17
Execution Time: 05/01/2025 09:38:42 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747 | 9
CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount Grand Total
Docusign Envelope ID: 08B6795C-92AF-4E22-A7E7-352BB2F8DF17
Execution Time: 05/01/2025 09:38:42 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747 | 10
IMPORTANT DISCLOSURES
City of Corona Pension Stabilization Trust | Account #10952 | As of April 30, 2025 Chandler Asset Management, Inc. (“Chandler”) is an SEC registered investment adviser. For additional information about our firm, please see our current disclosures (Form ADV).
To obtain a copy of our current disclosures, you may contact your client service representative by calling the number on the front of this statement or you may visit our website at www.chandlerasset.com.
Information contained in this monthly statement is and is provided for informational purposes only and should not be construed as specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of this statement, but may become outdated or superseded at any time without notice.
Custody: Your qualified custodian bank maintains control of all assets reflected in this statement and we urge you to compare this statement to the one you receive from your qualified custodian. Chandler does not have any authority to withdraw or deposit funds from/to the custodian account.
Valuation: Prices are provided by IDC, an independent pricing source. In the event IDC does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.
Performance: Performance results are presented gross-of-advisory fees and represent the client’s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.
Source ICE Data Indices, LLC (“ICE”), used with permission. ICE PERMITS USE OF THE ICE INDICES AND RELATED DATA ON AN “AS IS” BASIS; ICE, ITS AFFILIATES AND
THEIR RESPECTIVE THIRD PARTY SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS AND/OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, INCLUDING THE INDICES, INDEX DATA AND ANY DATA INCLUDED IN, RELATED TO, OR DERIVED THEREFROM.
NEITHER ICE DATA, ITS AFFILIATES OR THEIR RESPECTIVE THIRD PARTY PROVIDERS GUARANTEE THE QUALITY, ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INDICES OR THE INDEX DATA OR ANY COMPONENT THEREOF, AND THE INDICES AND INDEX DATA AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND LICENSEE’S USE IS AT LICENSEE’S OWN RISK. ICE DATA, ITS AFFILIATES AND THEIR RESPECTIVE THIRD PARTY DO NOT SPONSOR, ENDORSE, OR RECOMMEND CHANDLER, OR ANY OF ITS PRODUCTS OR SERVICES.
Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index.
Ratings: Ratings information have been provided by Moody’s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy.
Security level ratings for U.S. Agency issued mortgage-backed securities (“MBS”) reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest and carries a high rating by S&P, Moody’s and Fitch respectively.
Docusign Envelope ID: 08B6795C-92AF-4E22-A7E7-352BB2F8DF17
Execution Time: 05/01/2025 09:38:42 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747 | 11
BENCHMARK INDEX & DISCLOSURES
Benchmark Disclosure
35% S&P 500 TR, 50% ICE Corp Gov &
Mtg Index, 15% MSCI EAFE TR
The S&P 500 is a market value weighted index of 500 large-capitalization stocks. The 500 companies included in the index capture approximately 80% of available US market capitalization.
The MSCI EAFE International Equity Index is a market capitalization weighted index that captures international equity performance of large- and mid-cap stocks in the developed stock markets of Europe, Australasia, and the Far East.
The ICE BofA US Corporate, Government & Mortgage Index tracks the performance of US dollar denominated investment grade debt publicly issued in the US domestic market, including US Treasuries, quasi-governments, corporates, covered bonds and residential mortgage pass-throughs. Non-residential mortgage collateralized debt such as commercial mortgage backed securities and asset backed securities are excluded from this index, as are all collateralized mortgage obligations. Most qualifying securities must have an investment grade rating (based on an average of Moody’s, S&P and Fitch). They must also have at least one year remaining term to final maturity, at least 18 months to final maturity at point of issuance and a fixed coupon schedule. Amounts outstanding for qualifying US Treasuries must be at least $1 billion; US agencies, foreign governments, supranationals, corporates and covered bonds must have at least $250 million outstanding. Qualifying residential mortgage pass-through securities include fixed rate securities publicly issued by US agencies. 30-year, 20-year and 15-year fixed rate mortgage pools must have at least one year remaining term to final maturity and a minimum amount outstanding of at least $5 billion per generic coupon and $250 million per production year within each generic coupon.
Docusign Envelope ID: 08B6795C-92AF-4E22-A7E7-352BB2F8DF17
DATE: 06/04/2025
TO: Honorable Mayor and City Council Members
FROM: Finance Department
2025-233
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
ORDINANCE AMENDING CHAPTER 3.08 OF THE CORONA MUNICIPAL CODE TO UPDATE THE CITY’S PURCHASING REGULATIONS
EXECUTIVE SUMMARY:
The staff report recommends the City Council approve an ordinance amending Chapter
3.08 of the Corona Municipal Code to update the City’s purchasing regulations.
RECOMMENDED ACTION:
That the City Council introduce, by title only, and waive full reading of consideration of Ordinance No. 3419, first reading of an ordinance amending Chapter 3.08 of the Corona Municipal Code to update the City’s purchasing regulations.
BACKGROUND & HISTORY:
Chapter 3.08 of the Corona Municipal Code (CMC) governs the City’s purchasing process. The current authorization limits were previously approved in 2018.
Since 1988, the City of Corona has participated in the California Uniform Public Construction Cost Accounting Act, Public Contracts Code 22000 et seq. (Act, also known as CUPCCAA). The Act is legislation enacted in 1983 to help streamline bidding procedures for public construction projects and to promote “uniformity of the cost accounting standards and bidding procedures on construction work performed or contracted by public entities in the state” (Section 22001). The Act is a voluntary program
available to all public entities statewide. However, it only applies to those public agencies that have formally approved participation. The Act establishes various thresholds and guidelines for public construction-related projects. The State of California has made amendments to the Act, effective January 2025, that increase the formal bidding thresholds to $220,000 and allow for public agencies to perform public constructionrelated projects using their employees for projects up to $75,000.
ANALYSIS:
The attached Ordinance amends various sections of Chapter 3.08 of the CMC pertaining to the City’s purchasing process. It revises the purchasing limits for public construction projects pursuant to the Act and increases the City Manager’s approval authority for the purchase of materials, supplies, and equipment up to $220,000 to align with the updated Act levels.
Staff is seeking City Council direction regarding the authorization levels for professional and maintenance/general services (non-public projects). The following table outlines the proposed changes:
Position Current
Limits
Proposed
Non-Public
Projects
Proposed
Materials,
Supplies, and
Equipment
(Aligns with
the Act)
Public
Projects
(Aligns with
the Act)
Department Directors $60,000 Council
Direction
$75,000 $75,000
Public Works Director,
Utilities Director, and
Assistant City Manager
$75,000 Council
Direction
Same as
Department
Directors
Same as
Department
Directors
City Manager $100,000 Council
Direction
$220,000 $220,000
City Council >$100,000 Council
Direction
>$220,000 >$220,000
Estimated staff cost
savings
$21,068 -
$31,367
$5,150 $468
Updating the purchasing limits will align the CMC with the Act. Additionally, the Ordinance updates multiple items throughout CMC Chapter 3.08, to be reflective of current state laws, removes outdated information, and adds clarity. The changes include:
Defines a Non-Public Project
Clarifies the role of the Purchasing Agent
Allows for approval limits to be applied independently, not cumulatively, when vendors are used by multiple departments
Updates the maximum total of a change order to be equal to the lesser of $220,000 or 10% of the original contract amount to align with the Act
Increases the authorization for public project emergency purchasing, up to $500,000
Moves the alternative competitive bidding process (cooperative purchasing agreements) for non-public projects
References the Purchasing Policy and Procedures Manual to provide specific administrative rules surrounding the purchasing process Several non-substantive updates to various sections
This item was originally presented for consideration at the May 21, 2025, meeting. The City Council discussed the item and had additional questions. They asked for clarification on the changes to CMC 3.08.040 (B) Basis of awards, and additional updates to clarify the process for awarding bids for materials, supplies, and services. In addition, they asked for changes to 3.08.040 (L) Delegation of department authority to reflect that City Manager approval was required for more than 30 days. With our current practice, the City Manager needs to approve all delegations of department director authority. Item
3.08.040(B) has been addressed in the revised Ordinance presented for consideration at the June 4,
, 2025, meeting. The City Council also requested information on City Manager signature authority levels with other local agencies. That information is included in the presentation attached to the staff report.
If approved this evening, the Ordinance would return to the City Council for a second reading at the June 18, 2025, meeting and become effective 30 days thereafter. Once effective, staff will complete revisions of an updated purchasing manual to be used in the administration of contracts and purchasing procedures for all City departments.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
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 seeks the of City Council approval of an Ordinance increasing purchasing thresholds and making other modifications to Chapter 3.08 of the CMC, and there is no possibility that approving the recommended action will have a significant effect on the environment. Therefore, no environmental analysis is required.
PREPARED BY: KIM SITTON, FINANCE DIRECTOR
REVIEWED BY: BRETT CHANNING, ASSISTANT CITY MANAGER
ATTACHMENTS:
1. Exhibit 1 – Ordinance No. 3419 (Redline Version 05-21-25 meeting). This includes changes from the existing Ordinance.
2. Exhibit 2 – Ordinance No. 3419 (Redline Version 06-04-25 meeting). This document includes changes after the 05/21/25 meeting).
3. Exhibit 3 – Ordinance No. 3419 (Clean)
4. Exhibit 4 - Presentation
DEAND\07000.25001\10309001.6
ORDINANCE NO. 3419
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CORONA AMENDING CHAPTER 3.08 OF THE
CORONA MUNICIPAL CODE TO UPDATE AND
STREAMLINE THE CITY’S PURCHASING REGULATIONS
WHEREAS, Chapter 3.08 of the Corona Municipal Code (“CMC”) sets forth the purchasing regulations for all City purchases; and
WHEREAS, the City Council of the City of Corona (“City Council”) desires to make certain changes to such regulations as provided for herein.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
CORONA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 3.08 (Purchasing Regulations) of Title 3 (Revenue and Finance) of the Corona Municipal Code is hereby amended in its entirety to read as provided for in Exhibit “A” attached hereto and incorporated herein by reference.
SECTION 2. CEQA Findings. The City Council finds that this Ordinance 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 Ordinance merely amends the Corona Municipal Code to update the City’s purchasing regulations. Thus, there is no possibility that adopting this Ordinance will have a significant effect on the environment and no further environmental analysis is required.
SECTION 3. Invalidity; Severability. If any sentence, cause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance.
2 DEAND\07000.25001\10309001.6
SECTION 4. Effective Date of Ordinance. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall within fifteen (15) days of its adoption cause it, or a summary of it, to be published in a newspaper of general circulation in the City of Corona. This Ordinance shall take effect and be in force on the 30th day after its adoption.
PASSED, APPROVED AND ADOPTED this 18th day of June, 2025. _________________________________________
Mayor of the City of Corona, California
ATTEST:
____________________________________
City Clerk of the City of Corona, California
3 DEAND\07000.25001\10309001.6
CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Ordinance was regularly introduced at a regular meeting of the City Council of the City of Corona, California duly held on the 4th day of June, 2025 and thereafter at a regular meeting held on 18th day June, 2025, it was duly passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 18th day of June, 2025. _________________________________________
City Clerk of the City of Corona, California
[SEAL]
4 DEAND\07000.25001\10309001.6
EXHIBIT “A”
CMC CHAPTER 3.08
(PURCHASING REGULATIONS)
[SEE ATTACHED TWENTY-TWO (22) PAGES]
5 DEAND\07000.25001\10309001.6
CHAPTER 3.08
PURCHASING REGULATIONS
Sections
3.08.010 Definitions.
3.08.020 Centralized purchasing division and purchasing system.
3.08.030 Purchasing agent.
3.08.040 General purchasing regulations, policies, and procedures.
3.08.050 Bidding requirements - public projects.
3.08.060 Bidding requirements - maintenance and general services.
3.08.070 Bidding requirements - professional services.
3.08.080 Bidding requirements - materials, supplies, and equipment.
3.08.090 Public projects - formal bidding procedure.
3.08.100 Public projects - informal bidding procedure.
3.08.110 Non-public projects - formal bidding procedure.
3.08.120 Non-public projects - informal bidding procedure.
3.08.125 Non-public projects - public agency alternative competitive bidding procedure.
3.08.130 Exceptions to competitive bidding - public projects
3.08.140 Exceptions to competitive bidding - non-public projects.
3.08.160 Surplus materials, supplies, and equipment.
3.08.010 Definitions.
Unless otherwise indicated, the following definitions shall apply to all provisions of this chapter:
(A) “Act” means the Uniform Public Construction Cost Accounting Act found at Cal.
Public Contract Code, §§ 22000 et seq.
(B) “Alternative procedure” means purchasing materials, supplies, services, (professional, consulting, public works, maintenance, and other general services) or equipment by negotiated contract, purchase order or any other procedure outlined in the city’s Purchasing Policies and Procedures Manual approved by the City Manager and consistent with this chapter.
A type of alternative procedure may include, but is not limited to, what will be referred to as a "simplified pricing procedure" wherein the authorized contracting party, or his or her designee, obtains oral price quotes from one or more potential contractors or suppliers, and accepts the quote which is determined to be in the best interests of the city. (C) "Authorized contracting party" means the city official or body provided with authority under this chapter to approve or award a contract or to make a purchase, as well as to reject all bids when appropriate. Unless otherwise stated, the party authorized to approve or award a contract or to make a purchase shall have the authority to execute the associated purchase order, contract, and/or agreement.
(D) "City Engineer" means either the City Engineer or the person delegated by the
6 DEAND\07000.25001\10309001.6
City Engineer to perform all or some of the duties prescribed in this chapter. (E) "City Manager" means the City Manager or person designated by the City Manager to perform all or some of the duties prescribed in this chapter. (F) "Commission" means the California Uniform Construction Cost Accounting Commission created by Division 2, Part 3, Chapter 2, Article 2, of the Cal. Public Contract Code (commencing at § 22010).
(G) "Corona formal bidding procedure" means a procedure which meets the requirements of state and local law, including the Act, this chapter, and the city’s Purchasing Policies and Procedures Manual.
(H) "Emergency" for purposes of public projects shall have that meaning provided in Cal. Public Contract Code §§ 22035 and 22050. "Emergency" for all other purchasing or contracting purposes means a situation which makes competitive bidding, either formal or informal, impractical or not in the best interests of the city. (I) "Facility" means any plant, building, structure, ground facility, utility system (subject to the limitation found in Cal. Public Contract Code § 22002, subdivision (c)(3)), real property, streets and highways, or other public work improvement. (J) “Force account” means the city’s performing of a project using its own employees. (K) "General services" means all services performed by persons not in a professional occupation including, but not limited to, contract services for park, electrical, and computer repair, building, facility, and vehicle maintenance, recreation programs, and other similar services which are not typical of professional services.
(L) "Maintenance work" shall have that meaning provided in § 22002(d) of the Act, as that section may be amended from time to time. In addition and to the extent not inconsistent with § 22002(d), "maintenance work" shall include, but shall not be limited to, the following:
(1) Routine, recurring, and usual work for the preservation or protection of any publicly-owned or publicly-operated facility for its intended purposes. (2) Minor repainting.
(3) Street and highway maintenance including utility patching, skin patching, crack filling, filling of pot holes, slurry sealing, edge grading, street striping, resurfacing of streets and highways at less than one-inch, sign replacement, sidewalk repair and replacement, curb and gutter repair and replacement, and street and traffic light repair and replacement. "Maintenance work" shall not include striping of a new street or highway. (4) Sewer maintenance including foaming, video taping, cleaning, and manhole
7 DEAND\07000.25001\10309001.6
restoration.
(5) Traffic signal maintenance. Maintenance work shall not include installation of new traffic signals.
(6) Storm drain related maintenance.
(7) Landscape maintenance, including mowing, watering, trimming, pruning, planting, tree and plant replacement, irrigation and sprinkler system servicing, retrofit and repair, and landscape rehabilitation.
(8) Maintenance of facilities including roof repairs or replacements, heating and air conditioning repairs, and electric repairs.
(9) Vehicle and equipment maintenance and repairs.
(10) Work performed to keep, operate, and maintain publicly-owned water, power, or waste disposal systems including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher. (M) "Non-public project" shall mean any type of purchase other than for a “public project” as defined in Section 3.08.010 (Q) below. For instance, a “non-public project” includes maintenance work (Section 3.08.010 (L)), general services (Section 3.08.010(K)), professional services (Section 3.08.010 (P)), and materials, supplies, and equipment. (N) "Non-public project formal bidding procedure" means a procedure which meets the requirements of state and local law, including this chapter and the Purchasing Policies and Procedures Manual.
(O) "Non-public project informal bidding procedure" means a procedure which meets the requirements of state and local law, including this chapter and the Purchasing Policies and Procedures Manual.
(P) "Professional services" means all services performed by persons in a professional occupation including, but not limited to, consulting and performance services for accounting, auditing, computer hardware and software support, engineering, architectural, planning, environmental, redevelopment, financial, economic, personnel, social services, animal control, legal, management, cable television, communication, and other similar professional functions which may be necessary for the operation of the city.
(Q) "Public project" shall have that meaning provided in § 22002(c) of the Act, as that section may be amended from time to time. A "public project" shall not include maintenance work. In addition and to the extent not inconsistent with § 22002(c), "public project" shall include, but shall not be limited to, the following:
8 DEAND\07000.25001\10309001.6
(1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly-owned, leased, or operated facility. (2) Painting or repainting of any publicly-owned, leased, or operated facility; and
(3) In the case of a publicly-owned “electric” utility system, "public project" shall include only the construction, erection, improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher. (R) "Public project formal bidding procedure" means a procedure which meets the requirements of state and local law, including § 22037 of the Act, this chapter, and the Purchasing Policies and Procedures Manual.
(S) "Public project informal bidding procedure" means a procedure which meets the requirements of state and local law, including § 22034 of the Act, this chapter, and the Purchasing Policies and Procedures Manual.
(T) "Purchasing agent" means the City Manager or his or her designee(s) as provided in § 3.08.030. Pursuant to § 3.08.030, the City Manager may change his or her designation at any time.
(U) “Department Director” means the person in charge of a particular department of the city, and shall include the Assistant City Manager, the Utilities Director, the Chief of Police, and the Fire Chief.
(V) “On-call maintenance work or general services” means maintenance work or general services to be provided on an on-call or as-needed basis pursuant to a master agreement or contract.
3.08.020 Centralized purchasing division and purchasing system.
The purpose of this chapter is to establish efficient procedures for the purchase of materials, supplies, services (professional, consulting, public works, maintenance, and other general services), and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases. In addition, this chapter and the purchasing system it establishes are designed to provide appropriate procedures to implement the city's participation in the Uniform Public Construction Cost Accounting Act pursuant to Cal. Public Contract Code, §§ 22000 et seq.
A centralized purchasing division and purchasing system are hereby adopted and vested with the authority to govern the purchase of all city materials, supplies, services (professional, consulting, public works, maintenance and other general services), and equipment.
9 DEAND\07000.25001\10309001.6
3.08.030 Purchasing agent.
There is created the position of purchasing agent. The purchasing agent shall be the City Manager or his or her designee. Initially, the City Manager designates the Finance Director to act as the purchasing agent. The City Manager may change his or her designation at any time. The duties of the purchasing agent may be combined with those of any other city office or position. The purchasing agent may delegate the duties of that position to one or more employees with the consent of the City Manager.
The purchasing agent shall be the head, and have the general supervision of all purchasing functions of the city. The purchasing agent shall direct and supervise the city's purchasing program.
The purchasing agent shall endeavor to obtain full and open competition as provided herein and in the Purchasing Policies and Procedures Manual. The purchasing agent shall establish methods and procedures for the efficient and economical functioning of the purchasing division.
Subject to the supervision of the City Manager, the purchasing agent shall have the authority to:
(A) Purchase and contract. Purchase or contract for materials, supplies, services (professional, consulting, public works, maintenance, and other general services), and equipment required by the city.
(B) Negotiate and recommend. Negotiate and recommend to the City Council execution of contracts for the purchase of materials, supplies, services (professional, consulting, public works, maintenance, and other general services), and equipment. (C) Purchasing Policies and Procedures Manual. Prepare and implement policies and procedures governing the bidding, contracting, purchasing, storing, distribution, and disposal of materials, supplies, services (professional, consulting, public works, maintenance, and other general services), and equipment for the city. To this end, the purchasing agent shall be responsible for developing and obtaining City Manager approval of a Purchasing Policies and Procedures Manual, which shall outline the policies and procedures necessary to implement the regulations of this Chapter 3.08. Upon approval by the City Manager, the Purchasing Policies and Procedures Manual shall have the same force and effect as the provisions of this Chapter 3.08. (D) Forms. Prescribe and maintain such forms as may be reasonably necessary to the implementation of this chapter and the city’s Purchasing Policies and Procedures Manual. (E) Review plans and specifications. Review, or provide for the review of, the working details, drawings, plans, and specifications for any projects or purchases requiring such review in this chapter.
(F) Inspections and testing. Inspect, supervise, or provide for the inspection and supervision of, purchased materials, supplies, services (professional, consulting, public works, maintenance, and other general services), and equipment to ensure conformity with any specifications established or required by the city. The purchasing agent or his or her designee shall have authority to require appropriate testing of items delivered or samples to determine their
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quality and conformance with the specifications. Samples of items, when required, shall be furnished free of expense to the city and, if not destroyed by test, will be returned upon request at the bidder's expense.
(G) Surplus materials, supplies, and equipment: As provided for in § 3.08.150 below, transfer, sell, exchange, or trade any materials, supplies, or equipment deemed to be surplus.
(H) Bidder, contractor, and vendor lists and catalogs. Develop and maintain, or provide for the development and maintenance of, any bidder's list, contractor's list, or vendor's list and catalog file necessary to the operation of this chapter and the city’s Purchasing Policies and Procedures Manual. Each city department may have its own lists or catalogs. If the purchasing agent delegates the obligation to develop and maintain any list to another city employee, the purchasing agent shall retain final oversight authority and approval regarding how the list is developed and maintained.
(I) Delegation of purchasing agent authority. Provide written authorization to any department director to conduct a bidding process outside of the centralized purchasing system; provided, however, that such bidding process and the resulting contract or purchase shall otherwise comply with the requirements of this chapter. The purchasing agent may rescind such authorization in writing at any time and for any or no reason.
3.08.040 General purchasing regulations, policies, and procedures. (A) Applicability of chapter. The purchasing regulations contained in this Chapter
3.08 shall apply to the purchase of materials, supplies, services (professional, consulting, public works, maintenance, and other general services), and equipment. (B) Basis of Awards. The city shall secure materials, supplies, services (professional, consulting, public works, maintenance, and other general services), and equipment at the greatest overall value to the city, commensurate with the quality and scope needed, subject to any limitations imposed by state law, and through awards to the lowest responsive and responsible bidder where required by this chapter. Notwithstanding the foregoing, although the city is not adopting the formal procedures outlined in Cal. Gov’t Code §§ 4525 et seq., the city shall secure professional services based upon demonstrated competence, professional qualifications, and suitability for the project in general. The city may consider cost of professional services if the authorized contracting party determines it to be a relevant factor under the circumstances. When an award pursuant to this chapter is to be made in the best interests of the city, staff shall take into account cost, demonstrated competence, qualifications, suitability for the project in general, and other factors that the authorized contracting party determines to be a relevant factor under the circumstances.
(C) Purchasing Policies and Procedures Manual. The purchasing agent shall develop a Purchasing Policies and Procedures Manual, as provided for in Section 3.08.030(C) above. The Purchasing Policies and Procedures Manual shall be written and implemented in such a way to
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encourage open and competitive bidding, where appropriate, provide equal opportunity based on merit, make each selection process free of invidious discrimination, provide for efficient and timely acquisition of needed materials, supplies, services (professional, consulting, public works, maintenance, and other general services), and equipment, and provide effective fiscal controls. (D) Competitive bidding. In purchasing, materials, supplies, services (professional, consulting, public works, maintenance, and other general services), and equipment, the city shall make use of competitive bidding, both formal and informal, whenever required by law, this chapter, or the city’s Purchasing Policies and Procedures Manual. Formal and informal competitive bidding is not required, for instance, when an "emergency" is declared pursuant to this chapter.
(E) Unencumbered funds. The purchasing agent shall not issue a purchase order for materials, supplies, services (professional, consulting, public works, maintenance, and other general services), or equipment involving any project or purchase without an unencumbered appropriation in the fund account against which such purchase is to be charged except for the following:
(1) In cases of emergency;
(2) When specifically authorized by resolution or minute order of the City Council;
(3) When the purchasing department acquires inventory for the warehouse that is not yet assigned to any department or fund; and
(4) When using limited purchase orders, yearly purchase orders, or blanket purchase orders, as those terms are defined in the Purchasing Policies and Procedures Manual. (F) Requisition forms. The department responsible for a purchase shall submit requests for materials, supplies, services (professional, consulting, public works, maintenance, and other general services), or equipment to the purchasing agent by standard requisition forms, or by other means as may be established by the Purchasing Policies and Procedures Manual. (G) Applicable state and federal law: The city shall comply with all applicable federal and state laws for the particular purchase at issue including, but not limited to, bidder's security and bonding requirements, as well as prevailing wage requirements. (H) Purchase orders; contract and agreement forms. The purchasing agent shall require all purchases for materials, supplies, services (professional, consulting, public works, maintenance, and other general services), or equipment to be made with an appropriate purchase order and on an appropriate contract or agreement, the form of which shall be approved by the City Attorney. The City Attorney shall not need to review and approve as to form each executed contract or agreement; provided a city model approved as to form by the City Attorney is used without substantive modification. In addition, when the purchasing agent determines that issues under the responsibility of the city's risk manager are involved, the relevant contract or agreement
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provisions shall also be reviewed and approved by the city's risk manager. (I) Unlawful purchasing activities and conflicts. The Purchasing Policies and Procedures Manual shall specifically prohibit practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit city officials, officers, and employees from participating in the bidding or selection process when they have a relationship with a person or business entity seeking a contract under this Chapter 3.08 which would subject the officials, officers, or employees to the prohibitions of Cal. Gov’t Code §§ 1090 and 87100 et seq. (J) Records retention. The purchasing agent shall comply with the Records Retention Schedule duly adopted by the City Council for the Finance Department. (K) State or federal funding. Any purchases made with state or federal funds shall comply with all laws, rules, and regulations made applicable by the funding source. (L) Delegation of department director authority. The department directors, with approval of the City Manager, may provide written authorization to any subordinate employees to exercise the director’s purchasing authority; provided, however, that such delegation shall be pursuant to the process provided for in the city’s Purchasing Policies and Procedures Manual. The department directors, with approval of the City Manager, may rescind such delegation in writing at any time and for any or no reason. As used herein and as provided for in § 3.08.010, the term department director shall include the Assistant City Manager and the Utilities Director, the Chief of Police, and the Fire Chief.
3.08.050 Bidding requirements - public projects.
(A) $75,000 or less. Public projects which are equal to or less than the amount provided for in Section 22032(a) of the Act (currently $75,000) may be awarded by the director of the department responsible for the project, or his or her designee, by any alternative procedure. (B) $75,001 - $220,000. Public projects which are greater than the amount provided for in Section 22032(a) of the Act (currently $75,000), but less than or equal to the amount provided for in Section 22032(b) of the Act (currently $220,000) may, except as otherwise provided in this chapter or the Act, be awarded by the City Manager, or his or her designee, pursuant to the public project informal bidding procedure. If all bids received are over the amount provided for in Section 22032(b) of the Act (currently $220,000), the City Council may, with the approval of a four-fifths vote of those members present and without following the public project formal bidding procedure, award the contract in an amount not exceeding the amount provided for in Section 22034(d) of the Act (currently $235,000) to the lowest responsive and responsible bidder, so long as the City Council also determines that the city’s cost estimate for the project was reasonable. (C) More than $220,000. Public projects which are greater than the amount provided for in Section 22032(b) of the Act (currently $220,000), may, except as otherwise provided in this chapter or the Act, be awarded by the City Council pursuant to the public project formal bidding
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procedure.
(D) City Engineer review of plans and specifications. The City Engineer shall review and approve the working details, drawings, plans, and specifications prepared for every public project which may affect the design or operation of public improvements and which may bring into question the city’s liability for dangerous conditions of public property. (E) City Council review of plans and specifications. The City Council shall review and approve the working details, drawings, plans, and specifications prepared for every public project approved by the City Council pursuant Section 3.08.050 (C) above. (F) Award. Contracts for public projects which are equal to or less than the amount provided for in Section 22032(a) of the Act (currently $75,000), if awarded, may be awarded in the best interests of the city. Contracts for public projects which are greater than the amount provided for in Section 22032(a) of the Act (currently $75,000), if awarded, shall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the authorized contracting party may accept the one it chooses. (G) Dollar limits and change orders or amendments. Unless an exception provided in § 3.08.130 below applies, any contract amendment or change order which would increase the contract amount above the amount provided for in Section 22032(b) of the Act (currently $220,000), shall be approved by the City Council. For public projects awarded by the City Council, unless a lower or higher amount is stated in the City Council staff report for the project or directed by the City Council, the City Manager or his or her designees shall have authority to approve contract amendments or change orders up to the lesser of either $220,000 or 10% of the original contract amount.
(H) No bid splitting. The city shall not split a project, work, service, or purchase into smaller projects, works, services, or purchases for the purpose of avoiding any bidding or contracting requirements of this code.
3.08.060 Bidding requirements - maintenance and general services. (A) $75,000 or less. Maintenance work and other general services projects of $75,000 or less, including those involving on-call maintenance work or general services, may be awarded by the director of the department responsible for the project, or his or her designee, by any alternative procedure.
(B) $75,001 - $125,000. Maintenance work and other general services projects of more than $75,000, but less than or equal to $125,000, including those involving on-call maintenance work or general services, may, except as otherwise provided in this chapter or the Act, be awarded by the City Manager, or his or her designee, pursuant to the non-public project informal bidding procedure.
(C) More than $125,000. Maintenance work and other general services projects of
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more than $125,000, including those involving on-call maintenance work or general services, shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the non-public project formal bidding procedure.
(D) City Engineer review of plans and specifications. The City Engineer shall review and approve the working details, drawings, plans, and specifications prepared for every maintenance work and other general services project which may affect the design or operation of public improvements and which may bring into question the city’s liability for dangerous conditions of public property.
(E) Purchasing agent review of plans and specifications. The purchasing agent, or his or her designee, shall review and approve the form of the working details, drawings, plans, and specifications prepared for every maintenance work and other general services project. (F) City Council review of plans and specifications. The City Council shall review and approve the working details, drawings, plans, and specifications prepared for every maintenance work and other general services project approved by the City Council pursuant Section 3.08.060 (C) above.
(G) Award. Contracts for maintenance work and other general services projects of $75,000 or less, including those involving on-call maintenance work or general services, if awarded, may be awarded in the best interests of the city. Contracts for maintenance work and other general services projects of more than $75,000, if awarded, shall be awarded to the contractor who will best serve the interests of the city, taking into account, in addition to cost, their demonstrated competence, qualifications and suitability for the project in general. (H) Dollar limits and change orders or amendments. Unless an exception provided in § 3.08.140 below applies, any contract amendment or change order which would increase the contract amount above the amount provided for in Section 3.08.060 (C) above, plus 10% of the original contract amount, shall be approved by the City Council. For contracts awarded by the City Council, unless a lower or higher amount is stated in the City Council staff report for the project or directed by the City Council, the City Manager or his or her designees shall have authority to approve contract amendments or change orders up to the lesser of either $220,000 or 10% of the original contract amount.
(I) 6-year term limitation. No maintenance work or other general services contract shall extend for a period of more than 6 years, including any authorized extensions, unless specifically approved by City Council action.
(J) No bid splitting. The city shall not split a project, work, service, or purchase into smaller projects, works, services, or purchases for the purpose of avoiding any bidding or contracting requirements of this code.
(K) Local preference; maintenance and general services. As set forth in further detail in § 3.08.080(J) below, the City Council has made findings and adopted a local bidder
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preference program (“local program”) applicable to certain purchases of materials, supplies, and equipment, as well as contracts for maintenance work and other general services projects described in this section. Accordingly, contracts for maintenance work and other general services projects that are competitively bid and involve an expenditure of $220,000 or less, shall be subject to the local program set forth in § 3.08.080(J). For recurring procurements/contracts, the local program shall be applicable only to the city’s first $220,000 worth of such procurements/contracts for any fiscal year, as determined by city staff in its sole discretion. For such recurring procurements/contracts, the bidding documents shall indicate whether or not the local program is in effect for the applicable procurement. Properly certified local businesses (as defined in § 3.08.080(J)) shall be entitled to the specified reduction of 5% in the tabulation of their bid for purposes of determining the lowest responsible bidder, unless otherwise prohibited by law (such as special state or federal grant programs). If the local program is applicable to a bid offering, it shall be noted in the applicable bid solicitation.
3.08.070 Bidding requirements - professional services.
(A) $75,000 or less. Professional services contracts of $75,000 or less may be awarded by the director of the department responsible for the project, or his or her designee, by any alternative procedure.
(B) $75,001 - $125,000. Professional services contracts of more than $75,000, but less than or equal to $125,000 may, except as otherwise provided in this chapter or the Act, be awarded by the City Manager, or his or her designee, pursuant to the non-public project informal bidding procedure.
(C) More than $125,000. Professional services contracts of more than $125,000 shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the nonpublic project formal bidding procedure. (D) Purchasing agent review of scope of services. The purchasing agent shall review and approve, or provide for the review and approval of, the scope of services prepared for every professional services contract.
(E) City Council review of scope of services. The City Council shall review and approve the scope of services prepared for every professional services contract approved by the City Council pursuant Section 3.08.070 (C) above.
(F) Award. Contracts for professional services shall be awarded to the contractor who will best serve the interests of the city, taking into account the demonstrated competence, professional qualifications, and suitability for the project in general. The city may consider cost of professional services if the authorized contracting party determines it to be a relevant factor under the circumstances.
(G) Dollar limits and change orders or amendments. Unless an exception provided in § 3.08.140 below applies, any contract amendment or change order which would increase the
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contract amount above the amount provided for in Section 3.08.070 (C) above, plus 10% of the original contract amount, shall be approved by the City Council. For contracts awarded by the City Council, unless a lower or higher amount is stated in the City Council staff report for the project or directed by the City Council, the City Manager or his or her designees shall have authority to approve contract amendments or change orders up to the lesser of either $220,000 or 10% of the original contract amount.
(H) No bid splitting. The city shall not split a project, work, service, or purchase into smaller projects, works, services, or purchases for the purpose of avoiding any bidding or contracting requirements of this code.
3.08.080 Bidding requirements - materials, supplies, and equipment. (A) $75,000 or less. Purchases of materials, supplies, and equipment of $75,000 or less may be awarded by the purchasing agent or the director of the department responsible for the purchase, or his or her designee, by any alternative procedure. (B) $75,001 - $220,000. Purchases of materials, supplies, and equipment of more than $75,000, but less than or equal to $220,000 may, except as otherwise provided in this chapter or the Act, be awarded by the City Manager, or his or her designee, pursuant to the non-public project informal bidding procedure.
(C) More than $220,000. Purchases of materials, supplies, and equipment of more than $220,000 shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the non-public project formal bidding procedure. (D) Fleet replacement vehicles and equipment. Notwithstanding anything to the contrary contained herein, purchases, in any amount, of vehicles or other equipment on the city’s annual vehicle/equipment replacement list, as approved through the budget process each year, shall be awarded by the purchasing agent. Unless an exception provided in § 3.08.140 below applies or unless the purchasing agent uses the public agency alternative competitive bidding process provided in §3.08.125 below, the purchasing agent shall use the non-public project informal bidding procedure for purchases of more than $75,000, but less than or equal to $220,000, and the non-public project formal bidding procedure for purchases of more than $220,000, (E) Department director review of specifications. The director of the using department shall review and approve, or provide for the review and approval of, the specifications prepared for every purchase of materials, supplies, and equipment. (F) Purchasing agent review of specifications. The purchasing agent, or his or her designee, shall review and approve the form of all contracts for the purchase of materials, supplies, and equipment.
(G) City Council review of specifications. The City Council shall review and approve the specifications prepared for every purchase of materials, supplies, and equipment approved by
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the City Council pursuant Section 3.08.080 (C) above.
(H) Award. Contracts for the purchase of materials, supplies, and equipment of $75,000 or less, if awarded, may be awarded in the best interests of the city. Contracts for the purchase of materials, supplies, and equipment of more than $75,000, if awarded, shall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the authorized contracting party may accept the one it chooses. (I) Dollar limits and change orders or amendments. Unless an exception provided in § 3.08.140 below applies, any contract amendment or change order which would increase the contract amount above the amount provided for in Section 3.08.080 (C) above, plus 10% of the original contract amount, shall be approved by the City Council. For contracts awarded by the City Council, unless a lower or higher amount is stated in the City Council staff report for the project or directed by the City Council, the City Manager, or his or her designees shall have authority to approve contract amendments or change orders up to the lesser of either $220,000 or 10% of the original contract amount.
(J) Local bidder preference program; purchases of materials, supplies, and equipment; maintenance and general services.
(1) Based upon the findings provided for in the recitals of the ordinance adding this § 3.08.080(J), the City Council has determined that it is in the best interests of the city to give a minimal preference to local businesses when the city is making certain purchases of materials, supplies, and equipment, as well as when it is entering into contracts for certain maintenance work and other general services projects, as set forth in this local bidder preference program (“local program”).
(2) The local program shall consist of the following general requirements, which shall be implemented by the purchasing agent within the city’s Purchasing Policies and Procedures Manual:
(a) A “local business” for purposes of this local program shall mean the vendor: (1) has fixed facilities with one or more employees, which may include a sole proprietor, located at an address within city limits (a post office box alone is insufficient); and (2) has an appropriate city business license/permit.
(b) A vendor seeking to qualify for this local program shall provide supporting information and certify in writing that it meets the above requirements as part of its bid.
(c) In applying the local program to bids on a city purchase subject to the local program, a qualifying local business shall be entitled to a reduction of 5% in the tabulation of its bid for purposes of determining the lowest responsible bidder, unless otherwise prohibited by law (i.e. special state or federal grant programs).
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(d) The local program shall only be applicable to purchases of materials, supplies, and equipment which are competitively bid and which involve an expenditure of $220,000 or less. If the local program is applicable to a bid offering, it shall be noted in the applicable bid solicitation.
(3) The local program preference described in division (J)(2) above shall be applicable only to purchases of materials, supplies, and equipment, as well as contracts for maintenance work and other general services, which are competitively bid and which involve an expenditure of $220,000 or less. For recurring purchases, the local program shall be applicable only to the city’s first $220,000 worth of such purchases for any fiscal year, as determined by city staff in its sole discretion. For such recurring purchases, the bidding documents shall indicate whether or not the local program is in effect for the applicable procurement. If the local program is applicable to a bid offering, it shall be noted in the applicable bid solicitation. (4) The local program may also establish a preference for purchases of materials, supplies, and equipment, as well as contracts for maintenance work and other general services, which are competitively bid and which involve an expenditure of more than $220,000.
Such preference shall allow the city to take into consideration the net sales tax to be returned to the city as a result of an award to a qualifying local business in determining the lowest responsive and responsible bidder. The net sales tax shall be calculated based on the applicable bid price provided by the bidder in accordance with the city’s Purchasing Policies and Procedures Manual. (K) Recycled products preference. In order to promote the use of products containing recycled material, including post consumer material and secondary material, the city may take into consideration the percentage of recycled product in the materials, supplies, or equipment being provided in determining the lowest responsive and responsible bidder. This section shall not be effective unless and until the purchasing agent adopts a written policy to implement its provisions, which policy shall be included in the city’s Purchasing Policies and Procedures Manual. In addition, fitness and quality being equal, the city shall endeavor to purchase products containing recycled material instead of virgin products, whenever available at no more than the total cost of the virgin materials.
(L) No bid splitting. The city shall not split a project, work, service, or purchase into smaller projects, works, services, or purchases for the purpose of avoiding any bidding or contracting requirements of this code.
3.08.090 Public projects - formal bidding procedure.
(A) Uses of formal bidding procedure. This formal bidding procedure shall be used whenever formal bidding is required for a public project. (B) Required process. The formal competitive bidding procedure shall comply with all aspects of state and local law governing formal competitive bidding including, but not limited to, the California Public Contract Code, California Government Code, California Labor Code, resolutions of the City Council as may be adopted from time to time, and the city’s Purchasing
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Policies and Procedures Manual.
(C) Notice inviting formal bids. A notice inviting formal bids shall be provided. The notice inviting formal bids shall comply with § 22037 of the Act, as such section may be amended from time to time. Notices shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The Purchasing Policies and Procedures Manual shall describe the minimum list of information required to be included in the notice inviting formal bids.
(D) Published notice. The notice shall be published within the time frame required by the Act (currently at least 14 calendar days before the date of opening the bids) in a newspaper of general circulation printed and published in the city, or, if there is no such newspaper, in a newspaper of general circulation which is circulated in the city. (E) Distribution of notice inviting formal bids. The notice inviting formal bids shall also be sent to those construction trade journals specified in § 22036 of the Act in the manner and within the time frame required by the Act (currently at least 15 calendar days before the date of bid opening).
(F) Additional notice. The city may also provide any additional notice as it deems proper.
(G) Contents of remaining bid and contract documents. The contents and form of the remaining bid and contract documents shall be approved by the director of the using department, as well as the City Attorney.
(H) Bidder's security. When required by applicable law or determined necessary by the purchasing agent or his or her designee, each bidder shall be required to provide appropriate security to guarantee its bid. Upon refusal or failure to execute the required contract or agreement and provide all required information and documentation, the full amount of the bid security shall be forfeited, except to the extent limited by applicable law. (I) City's authority. The city may reject any or all bids received, and may waive any minor irregularities in each bid received.
(J) No bids received. If no bids are received, the authorized contracting party may award the contract by any alternative procedure.
(K) Award of contract. The contract shall be awarded in accordance with § 3.08.050(F). If two or more bids are the same and the lowest, the city may accept the one it chooses.
(L) Rejection of bids. The city may, in its sole and absolute discretion, reject any bids presented. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates for the project, the city shall have the option of any of the following:
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(1) Abandon the project;
(2) Readvertise for bids in the manner described in this chapter; or (3) By passage of a resolution by a four-fifths vote of the City Council, declare that the project can be performed more economically by the employees of the city and have the project done by force account.
3.08.100 Public projects - informal bidding procedure.
(A) Uses of public project informal bidding procedure. This informal bidding procedure shall be used when a public project is involved and informal bidding is permitted by this chapter.
(B) Contractor list. The purchasing agent shall develop and maintain, or provide for the development and maintenance of, a list of qualified contractors, identified according to categories of work, as described in § 22034(a) of the Act. The list shall be developed and maintained in accordance with criteria established by the Commission. In developing the list, the purchasing agent or his or her designee shall obtain from the Contractor's State License Board and from the contractor's trade associations in the county, the names and addresses of qualified contractors located in the county.
(C) Distribution of notice inviting informal bids. The purchasing agent shall provide a notice inviting informal bids. The notice inviting informal bids shall be mailed or otherwise distributed in the manner required by the Act. The notice inviting informal bids must be mailed or otherwise distributed within the time frame required by the Act (currently not less than 10 calendar days before the bids are due).
(D) Contents of notice inviting informal bids. The Purchasing Policies and Procedures Manual shall describe the minimum list of information required to be included in the notice inviting informal bids.
(E) Proprietary projects or products. If the director of the using department certifies that, to the best of his or her knowledge, the project, product, or service is proprietary in nature and can be obtained only from one contractor, and that no equivalent projects, products or services are available, the notice inviting informal bids may be sent exclusively to such contractor. (F) Contents of bid and contract documents. The contents and form of the bid and contract documents shall he approved by the director of the using department, as well as the City Attorney; provided, however, that the City Attorney need not review or approve the contents of the technical specifications, drawings, and other technical documents. (G) Bidder's security. When required by applicable law or determined necessary by the purchasing agent or his or her designee, each bidder shall be required to provide appropriate security to guarantee its bid. Upon refusal or failure to execute the required contract or agreement and provide all required information and documentation, the full amount of the bid security shall
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be forfeited, except to the extent limited by applicable law. (H) City's authority. The city may reject any or all bids received, and may waive any minor irregularities in each bid received.
(I) No bids received. If no bids are received, the authorized contracting party may award the contract by any alternative procedure.
(J) Award of contract. The contract shall be awarded in accordance with § 3.08.050(F). If two or more bids are the same and the lowest, the city may accept the one it chooses.
3.08.110 Non-public projects - formal bidding procedure. (A) Uses of the non-public project formal bidding procedure. A formal bidding procedure shall be used whenever formal bidding is required by this chapter and the project does not involve a public project.
(B) Distribution of notice inviting formal bids or request for proposals. A notice inviting formal bids or a request for proposals, as appropriate, shall be posted in the manner and within the timeframe provided for in the Purchasing Policies and Procedures Manual and provided directly to bidders, vendors, or contractors on the city's approved list for the type of purchase at issue. A notice inviting bids shall be used whenever the project or purchase must be awarded to the lowest responsible and responsive bidder. A request for proposals may be used whenever the project or purchase is not required to be awarded to the lowest responsible and responsive bidder.
If the purchasing agent and the director of the using department certify that, to the best of their knowledge, there is no local source or local provider available for the project, the notice inviting bids or the request for proposals, as appropriate, may be distributed to a list of qualified vendors maintained by the purchasing agent and/or published in a trade journal appropriate to the project. (C) Contents of notice inviting formal bids or request for proposals. The Purchasing Policies and Procedures Manual shall describe the minimum list of information required to be included in the notice inviting formal bids or request for proposals. (D) Proprietary projects or sole source products. If the director of the using department certifies that, to the best of his or her knowledge, the project, product, or service is proprietary in nature and can be obtained only from one vendor or contractor, and that no equivalent products or services are available, the notice inviting formal bids or request for proposals may be sent exclusively to such vendor or contractor. (E) Contents of remaining bid and contract documents. The contents and form of the remaining bid and contract documents shall be approved by the director of the using department, as well as the City Attorney; provided, however, that the City Attorney need not review or approve the contents of the technical specifications, drawings, and other technical documents.
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(F) Bidder’s security. When required by applicable law or determined necessary by the purchasing agent or his or her designee, each bidder shall be required to provide appropriate security to guarantee its bid. Upon refusal or failure to execute the required contract or agreement and provide all required information and documentation, the full amount of the bid security shall be forfeited, except to the extent limited by applicable law. (G) City’s authority. The city may reject any or all bids or proposals received, and may waive any minor irregularities in each bid or proposal received. (H) No bids received. If no bids are received, the authorized contracting party may award the contract by any alternative procedure.
(I) Award of contract. The contract shall be awarded in accordance with §§ 3.08.060(G), 3.08.070(F), or 3.08.080(H) as applicable. If two or more bids are the same and the lowest, the city may accept the one it chooses.
3.08.120 Non-public projects - informal bidding procedure. (A) Uses of non-public project informal bidding procedure. This informal bidding procedure shall be used whenever informal bidding is allowed for a purchase which does not involve a public project.
(B) Distribution of notice inviting informal bids or request for proposals. A notice inviting informal bids or request for proposals, as appropriate, shall be provided. The notice inviting informal bids or requests for proposals shall be provided to the number of vendors or contractors provided for in the Purchasing Policies and Procedures Manual. A notice inviting bids shall be used whenever the project or purchase must be awarded to the lowest responsible and responsive bidder. A request for proposals may be used whenever the project or purchase is not required to be awarded to the lowest responsible and responsive bidder. (C) Contents of notice inviting informal bids or request for proposals. The Purchasing Policies and Procedures Manual shall describe the minimum list of information required to be included in the notice inviting informal bids or request for proposals. (D) Proprietary projects or sole source products. If the director of the using department certifies that, to the best of his or her knowledge, the project, product or service is proprietary in nature and can be obtained only from one vendor or contractor, and that no equivalent products or services are available, the notice inviting informal bids or request for proposals may be sent exclusively to such vendor or contractor. (E) Contents of remaining bid and contract documents. The contents and form of the remaining bid and contract documents shall be approved by the director of the using department, as well as the City Attorney; provided, however, that the City Attorney need not review or approve the contents of the technical specifications, drawings, and other technical documents.
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(F) Bidder’s security. When required by applicable law or determined necessary by the purchasing agent or his or her designee, each bidder shall be required to provide appropriate security to guarantee its bid. Upon refusal or failure to execute the required contract or agreement and provide all required information and documentation, the full amount of the bid security shall be forfeited, except to the extent limited by applicable law. (G) City’s authority. The city may reject any or all bids or proposals received, and may waive any minor irregularities in each bid or proposal received.\ (H) No bids or proposals received. If no bids or proposals are received, the authorized contracting party may award the contract by any alternative purchasing procedure. (I) Award of contract. The contract shall be awarded in accordance with §§ 3.08.060(G), 3.08.070(F), or 3.08.080(H) as applicable. If two or more bids are the same and the lowest, the city may accept the one it chooses.
3.08.125 Non-public projects - public agency alternative competitive bidding procedure.
In addition to the situations described in §§ 3.08.060 through 3.08.080, competitive bidding, either formal or informal, shall be deemed to have been satisfied in the situations provided for in this section. The purchasing agent shall establish rules and regulations within the Purchasing Policies and Procedures Manual which are necessary to implement the provisions of this section. (A) Competitive bidding already completed. When the purchasing agent and the authorized contracting party, with the approval of the City Manager, determines that:
(1) A competitive bid procedure has been conducted by another public agency including, but not limited to, another local agency, the state through the California Multiple Award Schedule (CMAS), the federal government through the General Services Administration (GSA), the U.S. Communities Government Purchasing Alliance, or the Western States Contracting Alliance (WSCA); and
(2) The price to the city is equal to or better than the price to that public agency.
3.08.130 Exceptions to competitive bidding - public projects.
In addition to the situations described in § 3.08.050, competitive bidding, either formal or informal, is not required for public projects in the situations provided for in this section. The purchasing agent shall establish rules and regulations within the Purchasing Policies and Procedures Manual which are necessary to implement the provisions of this section. Under the conditions outlined herein and in the Purchasing Policies and Procedures Manual, any alternative procedure may be used.
(A) Emergencies. In situations determined by the City Manager to constitute an emergency for a public project pursuant to § 22035 of the Act and Cal. Public Contract Code §
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22050. The City Council hereby delegates to the City Manager the power to declare a public emergency and take any directly related and immediate action required by the emergency, up to a total of $500,000, pursuant to § 22035 of the Act and Cal. Public Contract Code § 22050.
Emergency expenditures of more than $500,000 shall first be approved by the City Council. Work shall be performed without the benefit of competitive bidding, either formal or informal, only so long as necessary under those sections.
For projects of more than the amount provided for in Section 22032(a) of the Act (currently $75,000), a report on the emergency and work performed shall be provided at the next regular meeting of the City Council, and then at every meeting thereafter required by § 22050. At such meetings, the City Council shall determine, by a four-fifths vote, that there is a need to continue the action without the benefit of informal or formal competitive bidding in accordance with § 22035 of the Act and Cal. Public Contract Code § 22050. The City Council shall terminate the emergency action at the earliest possible date that conditions warrant, so that the remainder of the emergency action may be completed pursuant to a formal bidding procedure.
For projects of less than the amount provided for in Section 22032(a) of the Act (currently $75,000), the City Manager shall have the authority to cause the director of the department responsible for the project, or his or her designee, to proceed by any alternative procedure pursuant to § 3.08.050 above.
(B) No competitive market. When the City Council determines, upon recommendation by the City Manager and purchasing agent, in accordance with applicable law, that a competitive market does not exist and that no competitive advantage will be gained by the public bidding process.
(C) No bids received. When no bids are received pursuant to either the public project informal bidding procedure or the public project formal bidding procedure. (D) Otherwise authorized. Upon recommendation of the City Manager, purchasing agent and City Attorney, when otherwise authorized by this chapter or applicable law.
3.08.140 Exceptions to competitive bidding - non-public projects.
In addition to the situations described in §§ 3.08.060 through 3.08.080, competitive bidding, either formal or informal, is not required for non-public projects in the situations provided for in this section. The purchasing agent shall establish rules and regulations within the Purchasing Policies and Procedures Manual which are necessary to implement the provisions of this section. Under the conditions outlined herein and in the Purchasing Policies and Procedures Manual, any alternative procedure, including no bidding, may be used with the City Manager's approval. (A) Emergencies. When the purchasing agent and the authorized contracting party, with the approval of the City Manager, determine that an emergency exists, as defined in § 3.08.010.
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(B) No competitive market. When the purchasing agent and the authorized contracting party, with the approval of the City Manager, determines, in accordance with applicable law, that a competitive market does not exist and that no competitive advantage will be gained by the public bidding process.
(C) State purchase. When the purchase is made on behalf of the city by the State Department of General Services.
(D) Purpose of bidding is otherwise accomplished. When the purchasing agent and the authorized contracting party, with the approval of the City Manager, determine that it is in the best interest of the city and its administrative operations to dispense with public bidding for nonpublic projects under this chapter. (E) No bids received. When no bids are received through the non-public project formal or informal bidding procedures.
(F) Natural gas, water, and electricity. The Utilities Director , or his or her designee, is authorized to negotiate and execute, on behalf of the city, agreements with privately owned, federally owned, state owned and locally owned entities for the wholesale purchase and sale of natural gas, water, economy energy, replacement energy, replacement capacity and transmission service to deliver such natural gas, water and energy to Corona or such other locations as may be appropriate without competitive bidding. The Purchasing Policies and Procedures Manual shall include a process by which the Utilities Director shall approve such purchases and sales through utilization of the competitive open market for such commodities. (G) Library information purchases. The Director is authorized to negotiate and execute, on behalf of the city, contracts for the purchase of library books, tapes, periodicals, and other information delivery formats (e.g. microfilm, DVD, CD-ROM, and internet information) without competitive bidding, so long as each purchase is in accordance with the budget approved by the City Council and there is an unencumbered appropriation in the fund account against which the purchase is to be charged. The Purchasing Policies and Procedures Manual shall include a process by which the Director approves such purchases in a manner which identifies a competitive price which is in the best interests of the city. The Director shall not be required to select the lowest price.
(H) Mandated expenditures. Expenditures mandated by law or regulation, such as county booking fees, waste disposal fees, or other non-negotiable permit, use, or application fees. (I) Otherwise authorized. When otherwise authorized by this chapter or applicable law.
3.08.150 Surplus materials, supplies, and equipment.
(A) Designations by city departments. All city departments shall submit to the purchasing agent, at such times and in such form as he or she shall prescribe, reports showing all
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materials, supplies, and equipment which are deemed by that department to be surplus, in that they are no longer used or are unsuitable for city use by that department. (B) Transfer among departments. The purchasing agent shall have the authority to transfer to another department any materials, supplies, and equipment designated by a department as surplus.
(C) Sale, exchange, or trade. The purchasing agent, or his or her designee, shall have authority to sell as surplus all materials, supplies, and equipment which cannot be used by any department or which have become unsuitable for city use, or to exchange the same for, or trade in the same on, new materials, supplies, and equipment. The sale of surplus materials, supplies, and equipment shall be made by public auction pursuant to applicable law and any rules and regulations provided for in the Purchasing Policies and Procedures Manual. In addition, the purchasing agent may approve the sale of any surplus materials, supplies, or equipment by means other than public auction, upon a finding that the sale in such alternative manner is in the best interests of the city and is supported by documentation sufficient to establish that the city is receiving compensation at least equal to the fair market value of the materials, supplies, or equipment. The City Council shall approve by resolution any sale, exchange, or trade of materials, supplies, and equipment with an estimated value of $220,000 or more.
(D) Abandonment or destruction. Except as otherwise prohibited by applicable law, the City Manager shall have the authority, with the consent of the Finance Director, to authorize the abandonment or destruction of materials, supplies, and equipment which have no commercial value or which will require an expenditure of funds for continued care, handling, maintenance, or storage which exceeds the estimated proceeds of sale. The authorization shall be in writing and shall be countersigned by the City Manager and Finance Director. (E) Donation. Except as otherwise prohibited by applicable law, the City Council may, by resolution, establish a procedure for the City Manager and Finance Director to approve the donation of materials, supplies, and equipment which have no commercial value or which will require an expenditure of funds for continued care, handling, maintenance, or storage which exceeds the estimated proceeds of sale. Donations may be made to charitable, civic, or non-profit organizations, as well as other public agencies, and shall be done in a fair and equitable manner.
In its resolution, the City Council shall establish rules and regulations to govern the fair and equitable donation of materials, supplies, and equipment. The resolution shall also indicate that the City Manager and Finance Director shall not approve any donation without first making a finding that the materials, supplies, and equipment are surplus to the needs of the city, that they either have no commercial value or will require an expenditure of funds for continued care, handling, maintenance, or storage which exceeds the estimated proceeds of sale, and that the donation is in the best interests of the city.
(F) City officials and employees. Surplus supplies and equipment may be sold to the public if so prescribed by the City Manager and/or the City Council. City officials and employees, and their immediate families, however, shall not be eligible to purchase such surplus items; provided, however, that retired service animals may be purchased by their primary handler.
DATE: 06/18/2025
TO: Honorable Mayor and City Council Members
FROM: City Manager’s Office – Housing and Homeless Solutions Division 2025-243
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
AMENDMENT TO THE COUNTY OF RIVERSIDE HOUSING AND WORKFORCE
SOLUTIONS SANTA ANA RIVERBED ENCAMPMENT RESOLUTION FUNDING
GRANT AGREEMENT
EXECUTIVE SUMMARY:
This staff report asks the City Council to approve an Amendment to the County of Riverside Housing and Workforce Solutions Encampment Resolution Funding Grant Agreement.
RECOMMENDED ACTION:
That the City Council:
a. Approve an Amendment to the County of Riverside Housing and Workforce Solutions Encampment Resolution Funding Grant Agreement to add $114,580 to the agreement for a maximum obligation of $1,186,014.
b. Authorize the City Manager, or his designee, to approve any non-substantive amendments, including term extensions, line-item adjustments and hourly compensation rate increases within the approved budget for the agreement.
c. Authorize an appropriation and an estimated revenue increase in the amount of $114,580 to the Housing and Homeless Solutions Division within the State Encampment Resolution Funding Grant Fund 412 to increase the County of Riverside Housing and Workforce Solutions Encampment Resolution Funding Grant Agreement to a maximum allocation of $1,186,014.
BACKGROUND & HISTORY:
In support of Homeless Strategic Plan Goal 5 which is to develop sub-regional collaboratives with neighboring cities, in April 2021, the City of Corona worked in collaboration with Supervisor Spiegel, County Agencies, nonprofit partners, US Army Corps of Engineers, and the cities of Jurupa Valley, Norco, and Riverside to establish the Santa Ana Riverbed Encampment Resolution Collaborative.
In December 2021, the County agreed to act as the lead fiscal agent and apply for a State Encampment Response Funding (ERF) Grant. The City of Corona submitted a scope of work and budget to the County in the amount of $1,071,434 which was included in the County’s consolidated grant application totaling $10,997,002.
In March 2022, the County was notified that it was not funded in Round One for the ERF allocation; however, in the later part of 2022, the State funded the Riverside County application in Round Two. At that time, Riverside County received the second highest allocation in the State.
On November 8, 2022, the Riverside County Board of Supervisors approved the State Standard Agreement for the ERF Grant along with funding allocations for the City of Corona, City of Norco, City of Jurupa Valley, City of Riverside, County Animal Services, County Housing Authority, and the County Housing and Workforce Solutions Department.
On June 21, 2023, City Council approved the ERF grant agreement between the County of Riverside Housing and Workforce Solutions Department and the City of Corona with a retroactive term beginning February 1, 2023, to September 30, 2025.
ANALYSIS:
Although the ERF agreement term is through September 30, 2025, the County required ERF subrecipients to submit all invoice packages by May 15, 2025. Demand for ERF program services was higher in Corona than in Norco; therefore, rather than recapture Norco’s unused funding, the County is authorizing an amendment to Corona’s agreement to support eligible ERF expenses that occurred prior to May 15, 2025.
FINANCIAL IMPACT:
Approval of the recommended actions will result in an appropriation and an estimated revenue increase in the amount of $114,580 to the Housing and Homeless Solutions Division within the State Encampment Resolution Funding Grant Fund 412. 100% of the revenue source is State ERF grant funds received from the County of Riverside Housing and Workforce Solutions Department.
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 involves an amendment to an agreement for homeless encampment resolution funding to provide outreach, engagement, shelter, and housing resources for the homeless. Approval of this amendment will not have a significant effect on the environment. Therefore, no environmental analysis is required.
PREPARED BY: KAREN ROPER, HOUSING & HOMELESS SOLUTIONS MANAGER REVIEWED BY: JACOB ELLIS, CITY MANAGER
ATTACHMENTS:
1. Exhibit 1 – Original Encampment Resolution Funding Grant Agreement
2. Exhibit 2 – Amendment to Encampment Resolution Funding Grant Agreement
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County of Riverside
Department of Housing and Workforce Solutions
3403 10TH St. Ste. 300
Riverside, CA 92501
and
The City of Corona
Santa Ana River Bottom (SARB) Response
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TABLE OF CONTENTS
1. DEFINITIONS ............................................................................................................................................. 3
2. DESCRIPTION OF SERVICES ............................................................................................................... 4
3. PERIOD OF PERFORMANCE ................................................................................................................ 4
4. COMPENSATION ...................................................................................................................................... 4
5. AVAILABILITY OF FUNDS/NON-APPROPRIATION OF FUNDS ..................................................... 4
6. TERMINATION FOR CONVENIENCE ................................................................................................... 4
7. TERMINATION FOR CAUSE ................................................................................................................... 4
8. REQUEST FOR WAIVER AND WAIVER OF BREACH ...................................................................... 5
9. OWNERSHIP, PUBLICATION, REPRODUCTION, AND USE OF MATERIAL ............................... 6
10. CONDUCT OF SUBRECIPIENT/ CONFLICT OF INTEREST ............................................................ 6
11. RECORDS, INSPECTIONS, AND AUDITS ........................................................................................... 6
12. CONFIDENTIALITY ................................................................................................................................... 7
13. HOLD HARMLESS/INDEMNIFICATION ................................................................................................ 8
14. INSURANCE ............................................................................................................................................... 8
15. COMPENSATION................................................................................................................ 9
16. VEHICLE LIABILITY ................................................................................................................................ 10
17. COMMERCIAL GENERAL LIABILITY .................................................................................................. 10
18. INDEPENDENT SUBRECIPIENT ......................................................................................................... 10
19. PROFESSIONAL LIABILITY .................................................................................................................. 11
20. USE BY POLITICAL ENTITIES ............................................................................................................. 11
21. LICENSES AND PERMITS .................................................................................................................... 11
22. NO DEBARMENT OR SUSPENSION .................................................................................................. 11
23. COMPLIANCE WITH RULES, REGULATIONS, AND DIRECTIVES .............................................. 11
24. CORE COMPONENET OF HOUSING FIRST .................................................................................... 12
25. INSPECTION ............................................................................................................................................ 12
26. EMPLOYMENT PRACTICES................................................................................................................. 12
27. CHILD SUPPORT COMPLIANCE ACT ................................................................................................ 12
28. DRUG FREE WORKPLACE CERTIFICATION ................................................................................... 13
29. PERSONNEL ............................................................................................................................................ 13
30. LOBBYING ................................................................................................................................................ 14
31. ADVERSE GOVERNMENT ACTION ................................................................................................... 14
32. SUBCONTRACTS ................................................................................................................................... 15
32. SUPPLANTATION ................................................................................................................................... 15
33. ASSIGNMENT .......................................................................................................................................... 15
34. FORCE MAJEURE .................................................................................................................................. 16
35. GOVERNING LAW .................................................................................................................................. 16
36. DISPUTES ................................................................................................................................................ 16
37. ADMINISTRATIVE/CONTRACT LIAISON ........................................................................................... 16
38. CIVIL RIGHTS COMPLIANCE ............................................................................................................... 16
39. NOTICES .................................................................................................................................................. 17
40. SIGNED IN COUNTERPARTS .............................................................................................................. 18
41. ELECTRONIC SIGNATURES ................................................................................................................ 18
42. MODIFICATION OF TERMS .................................................................................................................. 18
43. ENTIRE AGREEMENT ........................................................................................................................... 18
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List of Schedules
Schedule A Payment Provisions
Schedule B Scope of Services
List of Attachments
Attachment I Assurance of Compliance
Attachment II Form 2076A
Attachment III Supporting Documentation
Attachment IV Time and Activity Report
Attachment V HWS Administrative Handbook
Attachment VI - Standard Agreement 22-ERF-2-L-10005
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This Agreement is made and entered into by and between The City of Corona, a California municipal corporation (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
1. DEFINITIONS
A. refers to State of California, Business Consumer Services and Housing Agency.
B. refers to one bed per Client per night.
C. Management refers to all of the following various categories of services:
Mental Health
Substance Abuse
Housing
Employment
Children
Intake & Assessment
D. refers to the Coordinated Entry System in the County of Riverside.
E. refers to the Riverside County Continuum of Care.
F.
and Workforce Solutions Department, which has administrative responsibility for this Agreement. HWS and COUNTY are used interchangeably in this Agreement.
G.
facilities. Events may include, but are not limited to, physical altercations, fires, mandated reportable events (e.g. child abuse), etc.
H.
individuals & families providing them with intensive case management to assist them in moving into permanent housing (market rate, subsidized, etc.) as quickly as possible.
I.
temporary shelter for the homeless in general or for specific populations of the homeless and which does not require occupants to sign leased or occupancy agreements, as defined per 24 CFR 576.2.
J. refers to the Department of Housing and Workforce Solutions which has administrative responsibility for this Agreement; for purpose of this Agreement, and may be used interchangeably.
K. refers to the Riverside County Homeless Management Information System.
L. refers to homeless as defined in 24 CFR 576.2.
M. refers to an individual(s) or family(ies) who is assisted under the Program.
N. refers to permanent housing and permanent supportive housing as
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defined in 24 CFR 578.3.
O. to the Encampment Resolution Funding Program established pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code. P. Santa Ana River Bottom Response in the City of Corona as outlined in the Encampment Resolution Funding scope of work and budget the City of Corona, as Subrecipient, and City Net, as Subcontractor, submitted to HWS in December 2021.
Q. Subrecipient refers to the City of Corona including its employees, agents, representatives, subcontractors and suppliers providing services under this Agreement.
R. refers to any supplier, vendor, or firm that furnishes supplies, materials, equipment, or services to or for the SUBRECIPIENT or another SUBCONTRACTOR
2. DESCRIPTION OF SERVICES
SUBRECIPIENT shall provide all services as outlined and specified in Schedule B, Scope of Services, Attachment I Assurance of Compliance, Attachment II Form 2076A, Attachment III Supporting Documentation Instructions, Attachment IV Time and Activity Report, V HWS Administrative Handbook, VI Standard Agreement 22-ERF-2-L-10005 all of which are attached hereto and incorporated herein as referenced.
3. PERIOD OF PERFORMANCE
This Agreement shall commence on February 1, 2023 and continue through September 30, 2025, unless terminated earlier. SUBRECIPIENT shall commence performance upon the Effective Date and shall diligently and continuously perform thereafter.
4. COMPENSATION
COUNTY shall pay SUBRECIPIENT for services performed, products provided, or expenses any fees or costs incurred above or beyond the contracted amount and shall have no obligation to purchase any specified amount of services or product. Unless otherwise specifically stated in Schedule A, COUNTY shall not be responsible for payment of any of SUBRECIPIENT expenses related to this Agreement.
5. AVAILABILITY OF FUNDS/NON-APPROPRIATION OF FUNDS
The obligation of COUNTY for payment under this Agreement is contingent upon and limited by the availability of funding from which payment can be made. This Agreement is valid and enforceable only if sufficient funds are made available to COUNTY by BCHS. There shall be no legal liability for payment on the part of COUNTY unless funds are made available for such payment by BCSH. In the event such funds are not forthcoming for any reason, COUNTY shall immediately notify SUBRECIPIENT in writing and this Agreement shall be deemed terminated and be of no further force or effect. In the event the funding is reduced, COUNTY shall immediately notify SUBRECIPIENT in writing and it is mutually agreed that COUNTY has the option to immediately terminate this Agreement or to amend this Agreement to reflect the reduction of funds. COUNTY shall make all payments to SUBRECIPIENT that were properly earned prior to the unavailability or reduction of funding.
6. TERMINATION FOR CONVENIENCE
A. COUNTY may terminate this Agreement without cause upon giving thirty (30) days written notice served on SUBRECIPIENT stating the extent and effective date of termination. After
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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.
B. After termination, COUNTY shall make payment only for SUBRECIPIENT performance up to the date of termination in accordance with this Agreement.
C. In the event of such termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY.
7. TERMINATION FOR CAUSE
A. COUNTY may, at any time, upon five (5) 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 is not limited to:
(1) SUBRECIPIENT failure to comply with the terms or conditions of this Agreement; (2) Use of, or permitting the use of funds provided under this Agreement for any ineligible activities;
(3) Any failure to comply with the deadlines set forth in this Agreement; (4) Violation on any federal or state laws or regulations; or (5) Withdrawal of expenditure authority.
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 funds; (2) Revoke any other existing award(s) to the SUBRECIPIENT; (3) Require the return of any unexpended funds disbursed under this Agreement; (4) Require repayment of funds disbursed and expended under this Agreement; (5) Require the immediate return to COUNTY of all funds derived from the use of 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 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:
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(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.
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. Any waiver by COUNTY of any breach of any provision of the terms and conditions herein shall not be deemed, for any purpose, to be a waiver of any subsequent or other breach of the same or any other term of this Agreement. Failure of COUNTY to require exact, full and complete 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 by COUNTY 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, unless otherwise required by applicable law or court order.
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
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
B. SUBRECIPIENT shall not, under circumstances which could be interpreted 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.
C. SUBRECIPIENT or its employees shall not offer gifts, gratuity, favors, and entertainment directly or indirectly to COUNTY employees.
D. SUBRECIPIENT and its employees shall comply with all applicable provisions of federal and state laws pertaining to conflict of interests, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act, Government Code section 87100 et seq., Government Code section 1090, and Public Contract Code sections 10410 and 10411.
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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 inspecting SUBRECIPIENT 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. 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
reasonable notice to the SUBRECIPIENT.
B. SUBRECIPIENT agrees that COUNTY, or their designees, shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement. SUBRECIPIENT agrees to provide COUNTY, or their designees, with any relevant information requested. SUBRECIPIENT agrees to permit COUNTY, or their designees, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code, and all other relevant provisions established under AB 101 (Chapter 159, Statutes of 2019), program guidance document published on the website, and this Agreement.
SUBRECIPIENT further agrees to retain all records described in this paragraph for a minimum of five (5) years after the termination of this Agreement. If any litigation, claim negotiation, audit, monitoring, inspection or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.
C. COUNTY reserves the right to perform or cause to be performed a financial audit. At SUBRECIPIENT shall provide, at SUBRECIPIENT
financial audit prepared by a certified public accountant. This expense may also be covered as an Indirect Cost (see Budget in Schedule A).
(1) If a financial audit is required by COUNTY, the audit shall be performed by an independent certified public accountant.
(2) The SUBRECIPIENT shall notify COUNTY of the name and address immediately after the selection has been made. The contract for the audit shall allow access by (3) The SUBRECIPIENT is responsible for the completion of audits and all costs of preparing audits.
(4) If there are audit findings, the SUBRECIPIENT must submit a detailed response acceptable to COUNTY for each finding within ninety (90) days from the date of the audit finding report.
12. CONFIDENTIALITY
A. SUBRECIPIENT shall maintain the privacy and confidentiality of all information and records, , unless
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disclosure is otherwise required pursuant to applicable law or court order. Confidential information includes, but is not limited to, unpublished or sensitive technological or scientific information; medical, personnel, or security records; material requirements or pricing/purchasing actions; COUNTY information or data which is not subject to public disclosure; COUNTY operational procedures; and knowledge of selection of SUBRECIPIENTs, subcontractors or suppliers in advance of official announcement.
B. SUBRECIPIENT shall ensure that no person will publish, disclose, use or cause to be disclosed such confidential information pertaining to any applicant or recipient of services.
SUBRECIPIENT shall protect from unauthorized disclosure names and other identifying information concerning person receiving services pursuant to this Agreement.
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 obligations under this Agreement. SUBRECIPIENT shall comply with Welfare and Institutions Code section 10850.
C. SUBRECIPIENT shall take special precautions, including but not limited to, sufficient training of SUBRECIPIENT staff before they begin work, to protect such confidential information from loss or unauthorized use, access, disclosure, modification or destruction.
D. SUBRECIPIENT shall promptly transmit to COUNTY all third party requests for disclosure of confidential information. SUBRECIPIENT shall not disclose such information to anyone other than COUNTY except when disclosure is specifically permitted by this Agreement, is authorized in writing in advance by COUNTY, or is required pursuant to applicable law or court order.
13. HOLD HARMLESS/INDEMNIFICATION
A. SUBRECIPIENT 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, action, claim or damage whatsoever, based or asserted upon any services of SUBRECIPIENT, 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. SUBRECIPIENT shall defend the Indemnitees at its sole expense including all costs and fees (including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards) in any claim or action based upon such acts, omissions or services.
B. With respect to any action or claim subject to indemnification herein by SUBRECIPIENT, SUBRECIPIENT shall, at their sole cost, have the right to use counsel of their own 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 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 SUBRECIPIENT indemnification to Indemnitees as set forth herein.
C. SUBRECIPIENT SUBRECIPIENT has
provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.
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D. The specified insurance limits required in this Agreement shall in no way limit or circumscribe
SUBRECIPIENT
third party claims.
14. INSURANCE
A. Without limiting or diminishing SUBRECIPIENT
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
Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
C. SUBRECIPIENT 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 Risk Manager, SUBRECIPIENT carriers shall either; 1) reduce or eliminate such self-insured retentions 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
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 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.
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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.
15. COMPENSATION
If SUBRECIPIENT has employees as defined by the State of California, SUBRECIPIENT shall maintain statutory Compensation Insurance (Coverage A) as prescribed by the laws of 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.
16. 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.
17. COMMERCIAL GENERAL LIABILITY
Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified 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
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.
18. INDEPENDENT SUBRECIPIENT
The SUBRECIPIENT is, for purposes relating to this Agreement, an independent contractor and shall not be deemed an employee of the COUNTY. It is expressly understood and agreed that the SUBRECIPIENT (including its employees, agents, and subcontractors) shall in no event be entitled to any benefits to which COUNTY employees are entitled, including but not limited to, leave or other leave benefits. COUNTY shall not be required to make any deductions for SUBRECIPIENT e to SUBRECIPIENT under this
Agreement. There shall be no employer-employee relationship between the parties and SUBRECIPIENT shall hold COUNTY harmless from any and all claims that may be made against
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COUNTY based upon any contention by a third party that an employer-employee relationship exists by reason of this Agreement. It is further understood and agreed by the parties that SUBRECIPIENT in the performance of this Agreement is subject to the control or direction of COUNTY merely as to the results to be accomplished and not as to the means and methods for accomplishing the results.
19. PROFESSIONAL LIABILITY
SUBRECIPIENT shall maintain Professional Liability Insurance providing coverage for the
SUBRECIPIENT
not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. If SUBRECIPIENT Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and SUBRECIPIENT shall purchase at its sole expense either 1) an Extended Reporting Endorsement (also, known as Tail Coverage); or 2) Prior Dates Coverage from 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 as long as the law allows.
20. USE BY POLITICAL ENTITIES
The 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 the SUBRECIPIENT; and COUNTY shall in no way be responsible to
SUBRECIPIENT
21. 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.
22. NO DEBARMENT OR SUSPENSION
A. SUBRECIPIENT is not eligible to receive grant funds if SUBRECIPIENT is not licensed and in good standing in California or is listed on the Federal Consolidated List of Debarred, Suspended and Ineligible Contractors.
B. 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 three-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default.
23. COMPLIANCE WITH RULES, REGULATIONS, AND DIRECTIVES
SUBRECIPIENT shall comply with all applicable state and federal laws, rules, regulations, requirements, and directives which impose duties and regulations upon COUNTY as though made with SUBRECIPIENT directly that pertain to construction, health and safety, labor, fair
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employment practices, environmental protection, equal opportunity, fair housing, federal, state, and local housing and building codes and any applicable COUNTY policies and procedures, including but not limited to:
a. County of Riverside Continuum of Care Written
Standards:https://rivcohhpws.org/sites/g/files/aldnop131/files/cocdocumnets/CoC%20Written%20S tand ards%20amended%2081720%20S%26E%20FINAL.pdf
b. County of Riverside Continuum of Care Board of Governance Charter:
https://rivcohhpws.org/sites/g/files/aldnop131/files/cocdocumnets/CoC%20Charter%20- %20Amended%202-24-2021_1.pdf
c. County of Riverside Continuum of Care Homeless Management Information System (HMIS) Charter:
https://rivcohhpws.org/sites/g/files/aldnop131/files/cocdocumnets/HMIS/county-of-riversidecoc-hmis-charter-rev-12-7-17-final.pdf?ver=2020-08-05-113900-583 In the event that there is a conflict between the various laws or regulations that may apply, the SUBRECIPIENT shall comply with the more restrictive law or regulation.
24. CORE COMPONENTS OF HOUSING FIRST
SUBRECIPIENT shall ensure that any housing-related activities funded with Encampment Resolution Funding funds must be in compliance or otherwise aligned with the Core Components of Housing First, pursuant to Welfare and Institutions Code Section 8255(b).
25. INSPECTIONS
A. The COUNTY shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the requirements.
B. SUBRECIPIENT shall correct all work that is determined based on such inspections not to conform to the applicable requirements and COUNTY shall withhold payments to the SUBRECIPIENT until it is corrected.
26. 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, 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
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27. CHILD SUPPORT COMPLIANCE ACT
A. The SUBRECIPIENT recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The SUBRECIPIENT, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department (EDD).
C. In order to comply with child support enforcement requirements of the State of California, the COUNTY may be required to submit a Report of Independent Contractor(s) form DE 542 to the Employment Development Department. The SUBRECIPIENT agrees to furnish the required data and certifications to the COUNTY within ten (10) days when required by the EDD. This data will be transmitted to governmental agencies charged with the establishment and enforcement of child support orders. Failure of the SUBRECIPIENT to comply with all federal and state reporting requirements for child support enforcement or to comply with all lawfully served Wage and Earnings Assignments Orders and Notices of Assignment shall constitute a material breach of this Agreement. If SUBRECIPIENT has any questions concerning this reporting requirement, please call (916) 657-0529. SUBRECIPIENT should also contact its local Employment Tax Customer Service Office listed in the telephone access their Internet site at www.edd.ca.gov.
28. DRUG FREE WORKPLACE CERTIFICATION
By signing this Agreement, SUBRECIPIENT, and its subcontractors, hereby certify, under penalty of perjury under the laws of the State of California, compliance with the requirements of the DrugFree Workplace Act of 1990 (Government Code 8350 et seq.) and have or will provide a drugfree workplace by taking the following actions:
(1) Publish a statement notifying employees and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code section 8355 (a)(1). (2) Establish a Drug-Free Awareness Program, as required by Government Code section 8355(a)(2) to inform employees, contractors, or subcontractors about all of the following:
a. The dangers of drug abuse in the workplace;
b. SUBRECIPIENT policy of maintaining a drug-free workplace; c. Any available counseling, rehabilitation, and employee assistance programs; and, d. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations.
(3) Provide as required by Government Code section 8355(a)(3), that every employee and/or subcontractor who works under this Agreement:
a. Will receive a copy of SUBRECIPIENT drug-free policy statement; and, b. Will agree to abide by terms of condition of employment or Subcontract.
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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 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 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 record from the State of California Department of Justice (DOJ). A signed certification of such criminal record and, as appropriate, a signed justification and clearance from SUBRECIPIENT or Designee demonstrating fitness to perform duties shall be retained in each 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- Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on California Government Code section 12952.
30. LOBBYING
A. SUBRECIPIENT certifies no federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 cooperative agreement, and the extension, 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 the underlying federal contract, grant, loan, or cooperative agreement,
SUBRECIPIENT
C. SUBRECIPIENT shall require that the language of this certification be included in all contracts or subcontracts entered into in connection with this Agreement and that all SUBRECIPIENT subcontractors shall certify and disclose accordingly.
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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 in the notice a copy of the adverse action. 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 notice or may terminate sooner if agreed to by both parties.
32. SUBCONTRACTS
A. No contract 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 and BCSH. A subcontractor is not eligible to furnish any of the work or services under this Agreement, and is not eligible to receive grant funds, if the subcontractor is not licensed and in good standing in California or is listed on the Federal Consolidated List of Debarred, Suspended and Ineligible SUBRECIPIENTs.
B. SUBRECIPIENT shall not propose to 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
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
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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
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 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 Agreement 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.
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 Compliance Contract Officer who shall furnish the decision in writing. The decision of 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
Department of Housing and Workforce Solutions Non-Discrimination in State and Federally SUBRECIPIENT shall sign and date
Attachment I 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.
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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 clients that (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:
Program Manager
Riverside County Department of Housing and Workforce Solutions 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 that would be provided to another and includes, but is not limited to, the following:
(1) Denying a Participant any service or benefit or availability of a facility. (2) 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.
(3) Restricting a Participant in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service or benefit. 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.
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 Participant in both languages.
40. NOTICES
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All notices, Invoices, financial documents, 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:
Department of Housing and Workforce Solutions
3403 Tenth St. Ste. 300
Riverside, CA 92501
SUBRECIPIENT:
The City of Corona
400 S. Vincentia Ave.
Corona, CA 92878-0940
41. SIGNED IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all counterparts together shall constitute a single agreement.
42. 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 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.
43. MODIFICATION OF TERMS
This Agreement may be modified only by a written amendment signed by authorized representatives of both parties.
44. 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.
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Schedule A
Payment Provisions
A.1 METHOD, TIME, AND CONDITIONS OF PAYMENT
a. SUBRECIPIENT shall be reimbursed by COUNTY for an amount not to exceed $1,071,434.10.
Said funds shall be spent according to the Budget shown below.
BUDGET CATEGORY Total
1) Direct Staff Cost $183,988.48
2) Other Direct Cost $693,567.80
3) Indirect Cost $43,877.82
4) Encampment Clean Up $150,000.00
Total $1,071,434.10
The table above may be changed (without changing the total amount) with written approval from HWS.
Updated budget and spending milestone table for the subsequent terms with the total amounts awarded will be provided by HWS when available.
Subrecipient must meet the prorated monthly spending milestones in each line item in the table above and submit the Fiscal Performance in the Monthly Performance Report by the 10th business day of the following month (Note: Monthly spending milestones are the amounts of the budget line items divided by the number of months in the Period of Performance).
b. SUBRECIPIENT will be paid the actual amount of each monthly invoice for payment. If the required supporting documentation is not provided, COUNTY may delay payment until the information is received by COUNTY.
c. SUBRECIPIENT shall submit claim in accordance with the HWS Administrative Handbook attached hereto as Attachment VI and incorporated herein by this reference. d. SUBRECIPIENT shall be reimbursed for eligible costs only. SUBRECIPIENT shall submit claims for reimbursement of eligible costs on a monthly basis no later than thirty (30) days after the end of each month in which the costs were incurred. Each claiming period shall consist of a calendar month.
e. With each claim for reimbursement of eligible costs, SUBRECIPIENT shall submit:
1. Form 2076A of which are attached hereto as Attachment II and incorporated herein by this reference;
2. The required supporting documentation set forth in Attachment III, Supporting Documentation Instructions, attached hereto and incorporated herein by this reference. If the required supporting documentation is not provided, COUNTY may delay payment until the documentation is received by COUNTY. COUNTY reserves the right to request additional information and clarification to determine the reasonableness and eligibility of all costs to be paid with funds made available by this Agreement.
f. All complete claims submitted in a timely manner shall be processed within forty-five (45) calendar days.
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g. All Program funds shall be expended by the termination date of this Agreement.
A.3 WITHHELD PAYMENTS
Payments to SUBRECIPIENT may be withheld by COUNTY if SUBRECIPIENT fails to comply with any provision of this Agreement.
A.4 DISALLOWANCE
If SUBRECIPIENT receives payment under this Agreement which is later disallowed by COUNTY for nonconformance with this Agreement, SUBRECIPIENT shall be required to promptly reimburse these funds to COUNTY and shall be prohibited from submitting to COUNTY reimbursement requests for subsequent Program funds until COUNTY is fully reimbursed or, at its option, COUNTY may offset the amount disallowed from any payment due to SUBRECIPIENT.
If it is determined that a SUBRECIPIENT falsified any certification, RFP information, financial, or contract report, SUBRECIPIENT shall be required to reimburse the full amount of the Program award to COUNTY, and may be prohibited from any further participation in the Program. COUNTY may impose any other actions permitted under 24 CFR 576.501 (c).
A.5 FISCAL ACCOUNTABILITY
a. SUBRECIPIENT agrees to manage funds received through COUNTY in accordance with sound accounting policies; incur and claim only eligible costs for reimbursement; and adhere to accounting standards established in 2 CFR Part 200.
b. SUBRECIPIENT must establish and maintain on a current basis an accrual accounting system in accordance with generally accepted accounting principles and standards. Further, SUBRECIPIENT must develop an accounting procedure manual. Said manual shall be made available to COUNTY upon request or during fiscal monitoring visits.
A.6 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.
1. 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.
2. 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 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.7 FINAL REIMBURSEMENT
Unless approved by HWS in writing, all final requests for reimbursement of authorized expenditures under this Grant must be submitted to HWS no later than May 31, 2025.
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B.1 GENERAL REQUIREMENTS
Schedule B Scope of Services
SUBRECIPIENT agrees that it is aware of, and shall comply with, all applicable conditions of Standard Agreement No. 22-ERF-2-L-10005 between BCSH and COUNTY, and applicable State of California requirements governing the use of Encampment Resolution Funding Funds, and shall cooperate with COUNTY in fulfilling its obligations thereunder. In addition, SUBRECIPIENT shall:
a. Be responsible for the overall administration of the Project, including overseeing all subcontractors, Participant services, case management, medical care, social services support, and legal support. SUBRECIPIENT shall also provide Participant linkages to other sources of support. SUBRECIPIENT shall keep records and reports established to complete the Project in an effective and efficient manner. These records and reports must include racial and ethnic data on Participants for program monitoring and evaluation. b. Participate in and accept its Participant referrals from the CoC CES. The CES is a part of the Riverside County cohesive and integrated housing crisis response system with existing -wrong- The CES is designed to
coordinate program Participant intake, assessment, and provision of referrals. CES participation is a federal and state requirement under HEARTH Act 2009, 24 CFR parts 91 and 576; 24 CFR 576.400(d); and 25 CCR Section 8409.
c. SUBRECIPIENT shall be responsible for meeting the requirements included in the HWS Administrative Handbook (Attachment V), the Housing Workforce Solutions Grant Agreement between BCHS and COUNTY (Attachment VI). SUBRECIPIENT shall use the most current version of Attachment V. Any subsequent changes to Attachment V issued by HWS shall automatically be incorporated and serve as Attachment V to this Agreement. In the event any provisions of the attachments conflict with each other or this Agreement, the order of precedence shall be as follows: (1) Housing Workforce Solutions Grant Agreement between BCHS and COUNTY, (2) this Agreement, and (3) HWS Administrative Handbook. d. Agree to participate in the HMIS.
1. HMIS security policies and procedures, and entering required Participant 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 Participant intake capture all required data fields, as set forth in the County of Riverside CoC HMIS Policies and Procedures Manual, which is located on the County of Riverside CoC website:
https://rivcohhpws.org/sites/g/files/aldnop131/files/cocdocumnets/HMIS/countyof-riverside-coc-hmis-charter-rev-12-7-17-final.pdf?ver=2020-08-05-113900-583
4. SUBRECIPIENT must maintain a valid HMIS End User Agreement on file with the COUNTY, which is located on the County of Riverside CoC website: County
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of Riverside CoC HMIS Participating Agency Agreement Revised 9-10-2020 (1).pdf (rivcohhpws.org). B.2 The City of Corona will expand its existing system of collaborative homeless services by adding 2 additional case managers to provide outreach, engagement, wrap around services, intense case management and a solid plan for housing navigation and permanent housing placements.
In addition, contractor will expand their low barrier motel shelter program to provide eight (8) additional rooms per night. SUBRECIPIENT will add rapid rehousing program to provide housing placements for 15 people. To facilitate successful shelter and permanent housing placements, the contractor has included innovative strategies with budget line items for client storage, landlord incentives, transportation and meal support, move-in cost and other miscellaneous client services to facili
neighbors break the cycle homelessness through crisis stabilization and permanent housing.
The City of Corona currently collaborates with a number of public and private agencies to provide a wide variety of supportive services, shelter, and housing for our encampment residents.
SUBRECIPIENT will build on this collaborative infrastructure so that we can expand the coordination of public health, mental health and substance abuse treatment services through County of Riverside departments Riverside University Health System and Centro Medico Community Clinic; workforce development services through Housing and Workforce Solutions and City Net, and animal control services through Animal Control Services. SUBRECIPIENT plans to continue data collection by using County of Riverside Homeless Management Information System (HMIS) and County of Riverside Coordinated Entry System (CES). To ensure that clients that are high risk are prioritized, contractor will continue to use County of Riverside Vulnerability Index and Service Prioritization Decision Assessment Tool (VI-SDAT) as part of data entry into the CES system. , will enter all data into HMIS, CES
as well as VI- SPDAT surveys
B.3 REPORTING
SUBRECIPIENT shall submit reports, as requested by COUNTY in order for COUNTY to comply with its reporting requirements set forth in the Standard Agreement.
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ASSURANCE OF COMPLIANCE WITH
ATTACHMENT I
Assurance of Compliance
THE RIVERSIDE COUNTY DEPARTMENT OF HOUSING AND WORKFORCE SOLUTIONS
NONDISCRIMINATION IN STATE AND FEDERALLY ASSISTED PROGRAMS The City of Corona
NAME OF 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; 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, 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; 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 VENDOR/RECIPIENT HEREBY GIVES ASSURANCE THAT administrative methods/ procedures which have the effect of subjecting individuals to discrimination or defeating the objectives of the California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Chapter 21, will be prohibited.
BY ACCEPTING THIS ASSURANCE, the vendor/recipient 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 CDSS 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, CDSS shall have the right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code section 10605, or Government Code section 11135-11139.5, 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 City Manager
Address of Vendor/Recipient
(08/13/01) CR50-Vendor Assurance of
ComplianceAttachment II
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ATTACHMENT III
Supporting Documentation Instructions
SUPPORTING DOCUMENTATION
The general rule for supporting documentation is that for any program cost that is to be reimbursed (or used as match), provide the invoice which documents that a cost was incurred, and a receipt, or a copy of a check, a check stub, or copy of bank statement to substantiate the amount paid. Supporting documentation must be legible, clear, and organized. The COUNTY must be able to tie your request to the amounts claimed after each line item on the Claim Form. Costs can only be reimbursed if they have been included in the original Technical Submission/Application.
Documentation for like line items should be clipped together and identified with a summary sheet or label identifying the Line Item Number or the Activity as listed on the Claim Form. A spreadsheet itemizing the expenses, or at a minimum, an adding machine tape showing the expenses with a matching amount on the claim form is helpful. The clearer the information is that you provide, the quicker we will be able to process the claim.
The Fiscal Management Reporting Unit reviews each claim for expenses that are:
Allowable Allocable Reasonable
CLAIM DOCUMENTATION REQUIRED BY THE COUNTY
RAPID REHOUSING / EMERGENCY SHELTER
Lease agreement - Must be submitted at time of client entry into the program and each time a lease expires or changes.) Invoice or documentation of rent amount and due date
Proof of payment (receipt and cancelled check or check stub) STAFF (Street Outreach, Rapid Rehousing, Emergency Shelter, HMIS & Admin)
Program Individual Staff Breakdown form
Time Sheet
Time and Activity Report
Pay Stub or Payroll Report
EXPENSES (Street Outreach, Rapid Rehousing, Emergency
Shelter, HMIS & Admin)
Invoice or receipt that is dated and has a detailed explanation of charges.
Proof of payment (cancelled check or check stub)
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Attachment IV
Time/Activity Report
HUD EMERGENCY SOLUTION GRANT TIME/ACTIVITY REPORT
AGENCY NAME - EMPLOYEE NAME
DATES: (dates for pay period) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 TOTAL RAPID REHOUSING STAFF Case Mgmt 0.00 Housing 0.00 Total RRH 0.00 HOMELESS PREVENTION SERVICES STAFF Case Mgmt 0.00 Housing 0.00 Total HPS 0.00 ADMIN STAFF Admin 0.00 Total ADMIN 0.00 Non-Project 0.00 Total Non-Project 0.00 Vacation 0.00 Sick 0.00 Holiday 0.00 Other Paid Time Off 0.00 Total Fringe 0.00 TOTALS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Hours 0.00 I certify that this is a true and accurate report of my time and the activities were performed as shown. Total Fringe Hrs 0.00 Difference 0.00 Actual Hrs - RRH 0.00 Employee Signature Date Actual Hrs - HPS 0.00 Actual Hrs - ADMIN 0.00 Non-Project Hours 0.00 Supervisor Signature Date
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Attachment V
HWS ADMINISTRATIVE HANDBOOK
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ADMINISTRATIVE HANDBOOK
HWS - CONTINUUM OF CARE (CoC)
ENCAMPMENT RESOLUTION FUNDING PROGRAM
ROUND 2, Lookback Disbursement (ERF-2L)
Issue Date: 12/28/2022
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TABLE OF CONTENTS
Topic Page
Introduction 4
Contacts 4
Glossary 5
A. Fiscal Components 6
1. Claims 6
2. Claim Forms 6
3. Time/Activity Reports 6
4. Reimbursements/Disbursement of Funds 6 7
5 Supporting Documentation 7 9
6 Interest 10
7. Capital Purchases 10
8. Procurement Standards 10
9. Use Restriction Covenant 10
11. Budget Modifications 10 - 11
13. Subcontracts 11
B. Inspection and Audits 11
C. Withheld Payments 12
D. Fiscal Accountability 12
E. Availability of Funding 12
F. Reprogramming of EFR Funds 13
G. Reporting 13
H. Recordkeeping Requirements 13 - 15
I. Assessment and Monitoring 15 17
J. Breach and Remedies 17
K. Housing Quality Standards 17 18
L. Lease Agreement 18
M. Rent Reasonableness 19
N. Compliance With Federal Laws 19
O. Housing First 19 20
P. Environmental Requirements 20 24
Q. Termination of Assistance to Program Participants 25 R. Project Renewals 25
S. Criminal Background 25
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ATTACHMENTS
Exhibit A - 2076A (Contractor Payment Request) 27
Exhibit B Time/Activity Report 28
Exhibit D - HUD 52580 HQS Inspection Checklist 29 - 37
Exhibit E Individual and Family VI-SPDAT Version 2 38 70
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INTRODUCTION
This handbook provides project administration guidelines and financial reporting requirements for Subrecipients under contract with Riverside County Department of Housing, Homelessness Prevention and Workforce Solutions (HWS CoC) to operate the Encampment Resolution Funding Program (ERF-2-L). This handbook does not supersede any law, regulation, or policy issued by the State of California with regard to this program.
250) of Part 1 of Division 31 of
the Health and Safety Code. Amended by SB 197 (Statutes of 2022, Chapter 70, Sec.3-8, effective June 30, 2022).
The Program is administered by the California Interagency Council on Homelessness (Cal ICH) in the -time,
competitive grant funds to continuums of care and / or local jurisdictions as defined below. HWS CoC, as the Grantee, partners with government and non-profit organizations through a contract to provide housing and supportive services to individuals and families experiencing homelessness within Riverside County. This handbook is intended to outline the HWS CoC policies and procedures as well as provide the appropriate state and federal codes and regulations for the ERF program to ensure compliance.
HWS CoC CONTACTS
The HWS CoC website maintains a CoC Staff Roster with current contact information:
https://rivcohhpws.org/sites/g/files/aldnop131/files/cocdocumnets/HHPWS%20CoC%20Roster%2 0-%20For%20Partners%2011-2021.pdf
https://rivcohhpws.org/continuum-care-division
Please reach out to the appropriate CoC contact:
CoC Programs:
Raushanah Walkers, [email protected]
CoC Contract:
Catalina Guitron, [email protected]
CoC HMIS:
Gordon Kuang, [email protected]
CoC Fiscal:
Carlos Guerra, [email protected]
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GLOSSARY
AE Administrative Entity is the designated agency to receive and administer State of California grant funds.
APR Annual Performance Report
BCSH State of California Business, Consumer Services and Housing Agency CPA Certified Public Accountant
CES Coordinated Entry System
CoC Continuum of Care
ERF Encampment Resolution Funding
HWS Housing and Workforce Solutions
HMIS Homeless Management Information System
HQS Housing Quality Standards
MOU Memorandum of Understanding
NOFA Notice of Funding Availability
Recipient - the entity that receives the grant award. A recipient may choose to subgrant part or all of the ERF Program grant to one or more subrecipients to operate the project, or the recipient may operate the project directly.
Subrecipient - an entity that receives a subgrant from the recipient to carry out the operation of the project.
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A. FISCAL COMPONENTS
The County of Riverside recognizes governmental Generally Accepted Accounting Principles (GAAP), as codified by the Governmental Accounting Standards Board (GASB), as the highestranking set of standards applicable to the accounting practices. These standards take highest precedence over all other standards, laws, and regulations.
1. CLAIMS
Due to the large volume of paperwork associated with most grants, generally, electronic claims are not accepted. A claim will not be considered as received until a hard copy of the claim with an original signature on the 2076A is received by HWS.
In some cases, electronic claims may be accepted instead of hard copies, at the sole discretion of HWS.
2. CLAIM FORMS
Claims should be received by HWS no later than 30 days after the end of the month in which services were provided using the 2076A Claim Form (see attached Exhibit A) with the required supporting documentation (see Section 5 Supporting Documentation). For example, a claim for March services should be received by April 30, and a claim for April services should be received by May 30.
If the 2076A claim form is updated during the grant period, the most current version of the 2076A form should be used.
3. TIME/ACTIVITY REPORTS
Time & Activity (T&A) reports (see attached Exhibit B) are required for all staff (see Section 5 Supporting Documentation). T&A reports are required to show the actual hours that staff worked in a particular activity on a grant. The T&A report hours must match the total hours on the payroll documentation that is provided.
NOTE: One T&A report must be submitted for each pay period. Pay periods are not to be combined on one T&A.
4. REIMBURSEMENTS/DISBURSEMENT OF FUNDS
Generally, reimbursement payments are sent within forty-five (45) days after receipt of a claim.
An expenditure which is not authorized by the Agreement, or which cannot be adequately documented, shall be disallowed, and will not be paid to the Subrecipient.
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The most common causes for a delay in reimbursements:
CA\JR\01200.10107\10274859.5 CA\JR\01200.10107\10274859.2 Lack of documentation
Incomplete documentation
Unclear documentation
Once your claim has been reviewed, we will send a letter indicating any differences. If you disagree with any disallowance, please request any correction within 30 days from the date of the letter.
Any reimbursements that are made and are found later to be ineligible must be repaid by the Subrecipient upon request.
5. SUPPORTING DOCUMENTATION
The general rule for supporting documentation is that for any program cost that is to be reimbursed, provide the invoice which documents that a cost was incurred, and a receipt, or a copy of a check, or a check stub to substantiate the amount paid. Supporting documentation must be legible, clear, and organized. HWS must be able to tie your request to the amounts claimed after each line item on the Claim Form. Costs can only be reimbursed if they have been included in the Subrecipient Agreement.
If the same backup documentation applies to multiple claims (for example, a cost allocated between multiple grants), a copy of that backup documentation must be included in each claim.
Claims for the same subrecipient are reviewed separately and may be reviewed by different staff members.
Documentation for each budget category should be bundled together and identified with a summary sheet or label identifying the Budget Line Item. A spreadsheet itemizing the expenses, or at a minimum, an adding machine tape showing the expenses with a matching amount on the claim form is helpful. The clearer the information is that you provide, the quicker we will be able to process theclaim.
Any costs that are unusually large or are otherwise unusual in nature should include a justification for the purpose of the cost and its relation to the program and to the particular budget category or activity that it is being claimed in.
Fiscal staff reviews each claim for expenses that are:
Allowable
Allocable
Reasonable
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GENERAL GUIDELINES AND CLAIM DOCUMENTATION REQUIRED BY HWS
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)
-year end is June 30 of each calendar year.
ACO (Auditor- Office) has an early cutoff to process invoices at yearend. 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, License Number Instead of the 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) Staffing Detail Worksheet
Rental Assistance Summary Worksheet, if applicable
Summary Worksheet for other expenses
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Lease agreement
Rent reasonableness
Rent calculation
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 charges.
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)
NOTE: Expenses for vacant staff positions are only eligible for 90 days. EX: Cell phone, tablet, internet, etc.
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6. INTEREST
All proceeds from any interest-bearing account established by the Grantee for the deposit of funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of funds, must be used for eligible activities and reported on as required by Cal ICH.
7. CAPITAL PURCHASES
Capital expenditures are allowable, provided that items with a unit cost of $5,000 or more have the prior written approval of HWS before the item is purchased. HWS will require proof that due diligence was achieved on the part of the subrecipient to ensure that the purchase is reasonable and necessary for the direct provision of homeless services and was made using the federal procurement standards referenced in 2 CFR §200.318, §200.319, and §200.320.
8. PROCUREMENT STANDARDS
Agencies must follow the federal procurement standards found in 2 CFR §200.318, §200.319, and §200.320.
9. INELIGIBLE COSTS
Encampment Resolution funds shall not be used for costs associated with activities in violation, conflict, or inconsistent with Health and Safety Code (HSC) Sections 50250 50254, other applicable laws, the terms and conditions of this Agreement, Cal ICH guidance or directives, Costs shall not be used for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.
Moreover, no parties to this contract nor their agents shall directly or indirectly use ERF awards for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. ERF funded activities that cause a traumatic effect are inconsistent with ensuring the safety and wellness of people experiencing homelessness in encampments.
Cal ICH, at its sole and absolute discretion, shall make the final determination regarding the allowability of Encampment Resolution fund expenditures.
10. BUDGET MODIFICATIONS
After the effective date of this Agreement, no changes to program budget, funded homeless service providers, or eligible activities shall be made without prior, written approval from HWS.
CA\JR\01200.10107\10274859.5 CA\JR\01200.10107\10274859.2 Any changes to this Agreement must be made in writing and approved by HWS prior to
CA\JR\01200.10107\10274859.5 CA\JR\01200.10107\10274859.2 implementing the change.
11. SUBCONTRACTS
Subrecipient must provide a copy of any subcontract or for any services that will be provided under this grant prior to those services being provided.
B. INSPECTION AND AUDITS
o The Subrecipient shall maintain auditable books, records, documents, and other evidence pertaining to costs and expenses in this Agreement (refer to Recordkeeping Requirements).
o HWS Authorized representatives and the state government shall have access to any books, documents, papers, electronic data, and other records, which these representatives may determine to be pertinent to this Agreement for the purpose of performing an audit, evaluation, inspection, review, assessment, or examination.
These representatives are authorized to obtain excerpts, transcripts, and copies, as they deem necessary. Further, these authorized representatives shall have the right, upon request, to inspect or otherwise evaluate the work performed under this Agreement and the premises in which it is being performed. o This access to records includes, but is not limited to, service delivery, referrals, and financial and administrative documents for five (5) years after final payment was made, or until all pending county and state audits are completed, whichever is later. o Should the Subrecipient disagree with any audit conducted by HWS, the Subrecipient shall have the right to employ a licensed, Certified Public Accountant (CPA) to prepare and file with HWS a certified financial and compliance audit (in compliance with generally accepted government auditing standards) of related services provided during the term of this Agreement. The Subrecipient will not be reimbursed by HWS for such anaudit.
o In the event the Subrecipient does not make available its books and financial records at the location where they are normally maintained, the Subrecipient agrees to pay all necessary and reasonable expenses, including legal fees, incurred by HWS in conducting any audit.
o All Agreement deliverables and equipment furnished or utilized in the performance of this Agreement shall be subject to inspection by HWS at all times during the term of this Agreement. The Subrecipient shall provide adequate cooperation to any employee assigned by HWS in order to permit their determination of the conformity with specifications and adequacy of performance and services being provided in accordance with this Agreement.
CA\JR\01200.10107\10274859.5 CA\JR\01200.10107\10274859.2 C. WITHHELD PAYMENTS
Unearned payments under this Agreement may be suspended or terminated if grant funds to HWS are suspended or terminated, or if the Subrecipient refuses to accept additional conditions imposed on it by HWS.
HWS has the authority to withhold funds under this Agreement pending a final determination by HWS of questioned expenditures or indebtedness to HWS arising from past or present agreements between HWS and the Subrecipient. Upon final determination by HWS of disallowed expenditures or indebtedness, HWS may deduct and retain the amount of the disallowed or indebtedness from the amount of the withheldfunds.
Payments to the Subrecipient may be withheld by HWS if the Subrecipient fails to comply with the provisions of this Agreement.
D. FISCAL ACCOUNTABILITY
The Subrecipient agrees to manage funds received through HWS in accordance with sound accounting policies, incur and claim only eligible costs for reimbursement, and adhere to Generally Accepted Accounting Principles (GAAP).
The Subrecipient must establish and maintain on a current basis an accrual accounting system in accordance with generally accepted accounting principles and standards. Further, the Subrecipient must develop an accounting procedure manual. Said manual shall be made available to HWS upon request or during fiscal monitoring visits.
E. AVAILABILITY OF FUNDING
Funding for this Agreement is subject to the continuing availability of funds provided to HWS during the Agreement period. HWS will inform the Subrecipient, immediately upon notice from the State, of any limitation of the availability of funds.
Both parties understand that HWS makes no commitment to fund this project beyond the term of this Agreement.
CA\JR\01200.10107\10274859.5 CA\JR\01200.10107\10274859.2 F. REPROGRAMMING OF ERF FUNDS
While all subrecipients are expected to fully spend all awarded funds and meet all program and fiscal requirements per executed subrecipient agreements, BCSH allows for the COUNTY as the Administrative Entity to reprogram funds under the HHAP program from one eligible activity and/or jurisdiction to another after the application is approved and funds are disbursed. The COUNTY under the direction of the Board of Governance and with the approval of BCSH reserves the right to reprogram funds as needed after awards are announced to ensure funding spending goals and program compliance under Health and Safety Code Section 50220.
G. REPORTING
different programs have different operating start dates. o Additional reports may be requested at any time by HWS and/or BCSH to meet other applicable reporting or audit requirements, as well as evaluating project performance.
H. RECORDKEEPING REQUIREMENTS
The Subrecipients must establish and maintain standard operating procedures to ensure that program funds are used in accordance with the recordkeeping requirements and must establish and maintain sufficient records to enable HWS to determine whether the . o The Subrecipient must maintain and follow written, intake procedures to ensure program compliance. The procedures must require documentation, at intake, of the evidence relied upon to establish and verify homeless or chronically homeless status.
The procedures must establish the order of priority for obtaining evidence as thirdparty documentation first, intake worker observations second, and certification from the person seeking assistance third. Records contained in an HMIS, or comparable database used by victim service or legal service providers, are acceptable evidence of third-party documentation and intake worker observations, if the HMIS, or comparable database, retains an auditable history of all entries, including the person who entered the data, the date of entry, and the change made, and if the HMIS prevents overrides or changes of the dates on which entries are made.
As part of the Chronically Homeless definition, evidence that the individual is a homeless individual with a disability must include documentation, at intake, of the evidence relied upon to establish and verify the disability of the person applying for homeless assistance. Acceptable evidence of the disability includes written verification of the disability from a professional licensed by the state to diagnose and treat the disability and his or her certification that the
CA\JR\01200.10107\10274859.5 CA\JR\01200.10107\10274859.2 disability is expected to be long-continuing or of indefinite duration and substantially impedes
CA\JR\01200.10107\10274859.5 CA\JR\01200.10107\10274859.2 the individual's ability to live independently; written verification from the Social Security Administration; the receipt of a disability check (e.g., Social Security Disability Insurance check or Veteran Disability Compensation); intake staff-recorded observation of disability that, no application for assistance, is confirmed and accompanied by the required evidence.
o The Subrecipient must ensure that records of all grant activities are complete and correct to enable HWS and/or BCSH to determine whether the recipient and Subrecipient are meeting the program requirements and must be retained for the five (5) years after final payment has been made or until all pending HWS, state, and federal audits, if any, are completed, whichever is later. If a restrictive covenant is in effect, records shall be maintained until the covenant expires.
The Subrecipient agrees to keep all records containing protected information secure and confidential.
o Program participant records. In addition to evidence of homeless or chronically homeless status, as applicable, the Subrecipient must keep records for each program participant by documenting the following:
o Coordinated Entry System. State funded projects are required to coordinate and participate in the local Coordinated Entry System (CES). State funded projects are required to receive and service referrals from the CES. Subrecipients must retain evidence of the referral received from Coordinated Entry System and/or Home Connect that initiated the program assistance.
Service providers funded under the State programs are required to prioritize assistance utilizing the County of designated, universal assessment tool, the Vulnerability Index- Service Prioritization Decision Assistance Tool (VI-SPDAT), Exhibit F of this Handbook. service providers to enter into an HMIS Service Partnership agreement and obtain HMIS User Accounts for staff contributing client-level data into the HMIS system.
Services provided. The Program funds local demonstration projects that feature data-informed, innovative service delivery models and cross systems collaborations that support individuals experiencing homelessness in encampments towards a meaningful path to safe and stable housing through non-punitive, low-barrier, person-centered, Housing First approaches. These projects must comply with the principles of Housing First as defined in Welfare and Institutions Code Section 8255, must serve a specific encampment site, and be designed to
CA\JR\01200.10107\10274859.5 CA\JR\01200.10107\10274859.2 achieve sustainable outcomes for both recipients of services and the encampment site to be resolved.
CA\JR\01200.10107\10274859.5 CA\JR\01200.10107\10274859.2 All services, financial assistance and type of supportive services provided to the program participant, including evidence that the Subrecipient has conducted an annual assessment of services for those program participants that remain in the program for more than a year and adjusted the service package accordingly, and including case management services as provided in § 578.37(a)(1)(ii)(F). Where applicable, compliance with the termination of assistance requirement in § 578.91.
Annual income. For each program participant who receives housing assistance where rent or an occupancy charge is paid by the program participant, the Subrecipient must keep the documentation of annual income and the calculation completed by the Subrecipient; and source documents (e.g., most recent wage statement, unemployment compensation statement, public benefits statement, bank statement) for the assets held by the program participant and income received before the date of the evaluation; to the extent that source documents are unobtainable, a written statement by the relevant third party (e.g., employer, government benefits administrator) or the written certification by the Subrecipient's intake staff of the oral verification by the relevant third party of the income the program participant received over the most recent period; or to the extent that source documents and third-party verification are unobtainable, the written certification by the program participant of the amount of income that the program participant is reasonably expected to receive over the 3-month period following the evaluation.
Income of program participants must be calculated in accordance with 24 CFR 5.609 and 24 CFR5.611(a).
o Calculation of occupancy charges. The Subrecipient must retain evidence of compliance with the § 578.77, Calculating occupancy charges and rent, if occupancy charges are imposed.
o Utility allowance. For all utility allowance calculations, Subrecipients must utilize the most current utility allowance charts provided by the Housing Authority of the County of Riverside (Exhibit E).
o Housing standards. The Subrecipient must retain documentation of compliance with the housing standards in § 578.75(b), including inspection reports.
o Occupancy agreements and leases. Subrecipient must retain all signed occupancy agreements or leases for program participants residing in housing.
I. ASSESSMENT AND MONITORING
HWS is the AE and recipient of the state grant funds. As such, HWS is responsible for ensuring that the funds provided to the Subrecipient are utilized according to state law and policy, the
CA\JR\01200.10107\10274859.5 CA\JR\01200.10107\10274859.2 goals established in the Project Application, and the Contract requirements are being met. To
CA\JR\01200.10107\10274859.5 CA\JR\01200.10107\10274859.2 ensure compliance with state laws and all applicable policies, HWS will conduct on-site program, financial, and contract compliance monitoring visits at least once during the grant period.
Monitoring will be conducted by the monitoring team consisting of representatives from the HWS CoC Division including Programs, Fiscal, HMIS and Contracts Units. The purpose of monitoring is to assess how well the Subrecipient is implementing its grant and/or to offer technical assistance.
In preparation for monitoring, the monitoring team will contact the Subrecipient to arrange a mutually convenient date for the visit, explain the purpose of the monitoring visit, and provide an advance copy of the monitoring tool.
HWS will follow a monitoring plan and conduct a Monitoring Entrance Meeting and Exit Meeting. During the Entrance meeting, the monitoring team will meet the key personnel and provide an overview of the review process. At the Exit meeting, HWS will review and comment on areas which might present a concern or a finding during the visit.
HWS will prepare a Monitoring Report for the review no later than thirty (30) days after the visit. The Subrecipient will be given, if appropriate, thirty (30) days to respond to the report, including submission of a corrective action plan to address concerns/findings.
Subrecipients agree to facilitate and be subject to monitoring grant activities by HWS to ensure compliance with applicable State laws, regulations, and requirements. In addition, the projects will be evaluated for state performance measures outcomes. The monitoring must cover each program, function, or activity:
1. Monitoring of the homeless service provider shall occur whenever deemed necessary by HWS, but at least once during the grant period.
2. HWS will monitor the performance of the Subrecipient based on a risk assessment and according to the terms of this Agreement.
3. HWS will monitor the Subrecipient and funded project based on the performance measures Agreement.
In the event that project- level or system-wide performance consistently remains in the lowest quartile compared to all participant Service Areas in the Continuum of Care allocation, HWS will work collaboratively with the Subrecipient to develop performance improvement plans which will be incorporated into this Agreement.
4. If it is determined that a Subrecipient falsified any certification, application and/or
CA\JR\01200.10107\10274859.5 CA\JR\01200.10107\10274859.2 client information, financial, or contract report, the Subrecipient shall be required to reimburse the full amount of the ERF award to HWS and may be prohibited from any further participation in the CoC Program. HWS may impose any other actions permitted by the State.
J. BREACH AND REMEDIES
failure to comply with the terms of their contract will result in a breach of this Agreement.
The following shall each constitute a breach of this Agreement:
o failure to comply with the terms or conditions of this Agreement. o Use of, or permitting the use of, ERF funds provided under this Agreement for any ineligible activities.
o Any failure to comply with the deadlines set forth in this Agreement.
K. HOUSING QUALITY STANDARDS
Subrecipients of state funding must abide by Housing Quality Standards (HQS) and suitable dwelling size required under 24 CFR 982.401 and § 578.75(b). In addition, Subrecipients must provide housing or services that comply with all applicable State and local housing codes, licensing
Subrecipients, prior to providing assistance on behalf of a program participant, must physically inspect each unit to assure that the unit meets housing quality standards. This requirement is designed to ensure that program participants are placed in housing that is decent, safe, and sanitary, and suitable for living.
This applies to tenant-based rental unit, project-based rental unit, and master leased housing and where state funded payments are made. Assistance will not be provided for units that fail to meet HQS, unless the owner corrects any deficiencies within 30 days from the date of the initial inspection and the recipient or Subrecipient verifies that all deficiencies have been corrected, per §578.75(b)(1).
Subrecipients must follow the HQS General Requirements listed below and must complete form HUD52580 HQS Inspection Checklist (24 CFR § 982.401) for each assisted household (See Exhibit D on page 30):
o Sanitary facilities;
o Food preparation and refuse disposal;
o Space and security;
o Thermal environment;
CA\JR\01200.10107\10274859.5 CA\JR\01200.10107\10274859.2 o Illumination and electricity;
o Water supply;
o Lead-based paint;
o Access;
o Site and neighborhood;
o Sanitary condition; and
o Smoke Detectors.
Following are the types of inspections to be performed:
1. Initial: An inspection that must take place to ensure that the unit passes HQS before assistance can begin;
2. Annual: An inspection to determine that the unit continues to meet HQS; this inspection must be conducted within 12 months of the last annual inspection;
3. Complaint: An inspection caused by the authority receiving a complaint from any source regarding the unit by anyone;
4. Special/Quality Control: An inspection requested/conducted by a third party. HWS will verify that the initial and annual inspections were conducted during project monitoring which will occur approximately 6 after project implementation.
HWS will monitor Housing Quality Standards (HQS) in accordance with the Code of Federal Regulations 24 CFR 578.75(b) and 24 CFR Part 982, by conducting quality control inspections for a sample of ten percent (10%) of a actively enrolled units. The purpose of Quality Control inspections is to ascertain that Subrecipients are conducting accurate and complete inspections, and to ensure that there is consistency among inspectors in the application of HQS.
L. LEASE AGREEMENT
A written lease agreement between the property owner and the program participants is required for state funded tenant-based rental assistance (TBRA) projects and project- based rental assistance (PRBA) projects. For program participants living in housing with PBRA, the lease must have an initial term of at least one year, is renewable, and is terminable only for cause. There is no minimum lease period for TBRA. The leases must be automatically renewable upon expiration for terms that are a minimum of one month long, except on prior notice by either party.
Subrecipient must retain a copy of a fully executed and current lease-agreement in the
CA\JR\01200.10107\10274859.5 CA\JR\01200.10107\10274859.2 M. RENT REASONABLENESS
The Subrecipient must determine whether the rent charged for the unit receiving rental assistance is reasonable in relation to rents being charged for comparable unassisted units, taking into account the location, size, type, quality, amenities, facilities, and management and maintenance of each unit. Reasonable rent must not exceed rents currently being charged by the same owner for comparable unassisted units per § 578.51 (g). Reasonable rent comparable must be within 1 mile of the unit receiving rental assistance.
The Subrecipient agrees to obtain and retain records of rent reasonableness for all CoC Program participants prior to providing assistance.
N. COMPLIANCE WITH FEDERAL LAWS
This section is to ensure compliance with applicable federal laws. o Faith-Based Activities
o Pursuant to Section 8406 (b) (2) of the State Regulations, Subrecipient shall not require, as a condition of program participant housing, participation in any religious or philosophical ritual, service, meeting or rite. Equal treatment of program participants and program beneficiaries must beensured. o Program participants. Organizations that are religious or faith-based are eligible subrecipients, on the same basis as any other organization, to receive state funding.
Neither the Federal Government nor a State or local government receiving funds under HHAP shall discriminate against an organization on the basis of the shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief.
o Beneficiaries. In providing services supported in whole or in part with federal financial assistance, and in their outreach activities related to such services, program participants shall not discriminate against current or prospective program beneficiaries on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. o Separation of explicitly religious activities. Subrecipients of state funding that engage in explicitly religious activities, including activities that involve overt
CA\JR\01200.10107\10274859.5 CA\JR\01200.10107\10274859.2 religious content such as worship, religious instruction, or proselytization, must perform such activities and offer such services outside of programs that are supported with state or federal financial assistance separately, in time or location, from the programs or services funded under this part, and participation in any such explicitly religious activities must be voluntary for the program beneficiaries of the HUD-funded programs or services.
o Religious identity. A faith-based organization that is a Subrecipient of state funds is eligible to use such funds as provided under the regulations of this part without impairing its independence, autonomy, expression of religious beliefs, or religious character. Such organization will retain its independence from federal, State, and local government, and may continue to carry out its mission, including the definition, development, practice, and expression of its religious beliefs, provided that it does not use direct program funds to support or engage in any explicitly religious activities, including activities that involve overt religious content, such as worship, religious instruction, or proselytization, or any manner prohibited by law. o Among other things, faith-based organizations may use space in their facilities to provide program- funded services, without removing or altering religious art, icons, scriptures, or other religious symbols. In addition, a state-funded religious organization retains its authority over its internal governance, and it may retain religious terms in name, select its board members on a religious basis, and include religious references in its mission statements and other governing documents.
o Involuntary Family Separation. Subrecipients must document its compliance with involuntary family separation requirements under § 578.93(e). o Prohibition against involuntary family separation. The age and gender of a child project that receives funds under this part.
o Discrimination Policy. Federal and California State laws note that discrimination can be based on race, color, national origin or gender. Discrimination can also be based on age, religion, disability, familial status or sexualorientation.
O. HOUSING FIRST
Pursuant to Assembly Bill 101, Subrecipients of state funding must implement and incorporate the core components of Housing First, as provided in subdivision (b) of Section 8255 of the Welfare and Institutions Code. Core components of Housing First mean the following:
Tenant screening and selection practices that promote accepting applicants
CA\JR\01200.10107\10274859.5 CA\JR\01200.10107\10274859.2 regardless of their sobriety or use of substances, completion of treatment or
participation in services.
CA\JR\01200.10107\10274859.5 CA\JR\01200.10107\10274859.2 Applicants are not rejected on the basis of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of
Acceptance of referrals directly from shelters, street outreach, drop-in centers, and other parts of crisis response systems frequented by vulnerable people experiencing homelessness.
Supportive services that emphasize engagement and problem solving over therapeutic goals and service plans that are highly tenant-driven without predetermined goals.
Participation in services or program compliance is not a condition of permanent housing tenancy.
Tenants have a lease and all rights and responsibilities of tenancy, as outlined in The use of alcohol or drugs in and of itself, without other lease violations, is not a reason for eviction.
Communities with coordinated assessment and entry systems, incentivesfor funding promote tenant selection plans for supportive housing that prioritize eligible tenants -come-firstthe duration or chronicity of homelessness, vulnerability to early mortality, or high utilization of crisis services. Prioritization may include triage tools, developed through local data, to identify high-cost, high-need homeless residents.
Case managers and service coordinators who are trained in and actively employ evidence-based practices for client engagement, including, but not limited to, motivational interviewing and client-centered counseling.
Services are informed by a harm-reduction philosophy that recognizes drug and nonjudgmental communication regarding drug and alcohol use, and where tenants are offered education regarding how to avoid risky behaviors and engage in safer practices, as well as connected to evidence-based treatment, if the tenant so chooses.
The project and specific apartment may include special physical features that accommodate disabilities, reduce harm, and promote health and community and
independence among tenants.
CA\JR\01200.10107\10274859.5 CA\JR\01200.10107\10274859.2 P. TERMINATION OF ASSISTANCE TO PROGRAMPARTICIPANTS
Subrecipients may terminate assistance to a participant who violates program requirements or conditions of occupancy per California Health and Welfare Code §8255 and §578.91 (a).
The Subrecipient must provide a formal process that recognizes the due process of law in accordance with §578.91 (b). Subrecipients may resume assistance to a participant whose assistance has been terminated. Subrecipients that are providing permanent supportive housing for hard-to-house populations of homeless persons must exercise judgment and examine all extenuating circumstances in determining whether termination is appropriate.
Q.PROJECT RENEWALS
ERF funding is one-time grants that are not eligible for project renewal.
R. CRIMINAL BACKGROUND
The Subrecipient providing services to minors is required to conduct criminal background records checks on all employees, subcontractors, and volunteers providing services under state funding. Subrecipients must retain a copy of the criminal background records verification and make available for review by HWS.
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STATE PROGRAM REFERENCE GUIDE
1. Assembly Bill 101
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB101
2. Welfare and Institutions Code 8255 (Housing First and Coordinating Council) https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=WIC&division=8.&tit le=&part=&chapter=6.5.&article=
3. McKinney-Vento Homeless Assistance Act as Amended
https://www.hudexchange.info/resource/1715/mckinney-vento-homeless-assistanceact-amended-by-hearth-act-of-2009/
4. Coordinated Entry Policy Brief
https://www.hudexchange.info/resource/4427/coordinated-entry-policy-brief/
5. https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017- FINALapril2017.pdf?la=en&hash=3A64979F777D5B9D35309433EE81969FD69 052D2
6. ERF Legislation AB140
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220 AB140
EXHIBIT A
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EXHIBIT B
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EXHIBIT D
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EXHIBIT D
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EXHIBIT E
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Attachment VI
Standard Agreement 22-ERF-2-L-10005
SCOID:
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STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES . , , STANDARD AGREEMENT STD 213 (Rev. 04/2020)
AGREEMENT NUMBER
22-ERF-2-L-10005
PURCHASING AUTHORITY NUMBER (tf Applicable)
010725
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Business, Consumer Services and Housing Agency
CONTRACTOR NAME
County of Riverside
2. The tenn of this J¼jreement is: START DATE
Upon BCSH Approval
THROUGH END DATE
9/30/2025
3. The maximum amount of this Agreement is:
$10,997,001.36 (Ten Million Nine Hundred Ninety Seven Thousand One Dollars and Thirty Six Cents)
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. Exhibits Title Pages Exhibit A Authority, Purpose and Scope of Work 6
ExhibitB Budget Detail and Disbursement Provisions 4
Exhibit( State of California General Terms and Conditions 1 -+
- Exhibit D General Terms and Conditions 10
-+
- ExhibitE Special Terms and Conditions 2
Items shown with onasteristt(*}, are nereoyincorporated Dy rererence onamatlepart otthisagreement as,,attacned hereto.
These documents can be viewed at hliPs:llwww.dos.ca.qov/OLSIResourcgs IN WfTNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) County of Riverside
*
FORM A . NTYCOUNSEL
BY· · J
. LISA DATE
CONTRACTOR BUSINESS ADDRESS
3403 Tenth Street, Suite 310
CITY [STATE IZIP
Riverside [CA 92501
PRINTED NAME OF PERSON SIGNING '1 lTllE
CONTRACTORAUTHORIZEDSIGNATURE DATESIGNED,/
1t;1S'/ioe-1..
SCO ID:
CA\JR\01200.10107\10274859.3 CA\JR\01200.10107\10274859.2
STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT
STD 213 (Rev. 04/2020)
CONTRACTING AGENCY NAME
Business, Consumer Services and Housing Agency
AGREEMENT NUMBER
22-ERF-2-L-10005
STATE OF CALIFORNIA
PURCHASING AUTHORITY NUMBER (If Applicable)
010725
CONTRACTING AGENCY ADDRESS
915 Capitol Mall, Suite 350-A
CITY STATE IZIP
Sacramento I CA 95814
PRINTED NAME OF PERSON SIGNING
Lourdes Castro Ramirez
TITLE
Secretary
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable)
County of Riverside
22-ERF-2-L-10005
CA\JR\01200.10107\10274859.3 CA\JR\01200.10107\10274859.2 Encampment Resolution Funding Program
Round 2, Lookback Disbursement (ERF-2-L)
Standard Agreement
EXHIBIT A
AUTHORITY, PURPOSE, AND SCOPE OF WORK
1) Authority
The State of California has established the Encampment Resolution Funding Program ("ERF" or "Program") pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code. Amended by SB 197 (Statutes of 2022, Chapter 70, Sec.3-8, effective June 30, 2022).
The Program is administered by the California lnteragency Council on Homelessness (Cal ICH) in the Business, Consumer Services and Housing Agency ("Agency"). ERF provides one-time, competitive grant funds to continuums of care and / or local jurisdictions as defined below. To date, there have been two rounds of the Encampment Resolution Funding Program. This Standard Agreement governs the Lookback Disbursement in Round 2 of the ERF Program ("ERF-2-L"). For this Standard Agreement, ERF-2-L is synonymous with "ERF" or "Program".
This Standard Agreement along with all its exhibits ("Agreement") is entered into by the Cal ICH and a continuum of care or a local jurisdiction ("Grantee") under the authority of, and in furtherance of, the purpose of the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the Request for Applications ("RFA") under which the Grantee applied, the representations contained in the Grantee's application, Cal ICH guidance or directives, and the requirements appearing in the statutory authority for the Program cited above. 2) Purpose
As stated in the RFA, the program incorporates two interdependent objectives. a) The Program funds local demonstration projects that feature data-informed, innovative service delivery models and cross systems collaborations that support individuals experiencing homelessness in encampments towards a meaningful path to safe and stable housing through non-punitive, low-barrier, personcentered, Housing First approaches. These projects must comply with the principles of Housing First as defined in Welfare and Institutions Code Section 8255, must serve a specific encampment site, and be designed to achieve sustainable outcomes for both recipients of services and the encampment site to be resolved.
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CA\JR\01200.10107\10274859.3 CA\JR\01200.10107\10274859.2 b) In close partnership with Grantees, Cal ICH or its agents will analyze Grantee's demonstration projects to evaluate activities and outcomes for the purpose of sharing scalable and replicable encampment resolution models that may be implemented across the state.
3) Definitions
The following Encampment Resolution Funding Program terms are defined in accordance with Health and Safety Code Section 50250, Subdivisions (a)- (I); (a) "Additional funding round moneys" means moneys appropriated for the program in orafterfiscalyear2022-23.
(b) "Agency" means the Business, Consumer Services, and Housing Agency. (c) "Applicant" means a continuum of care or local jurisdiction (d) "Continuum of care" has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
(e) "Council" means the California lnteragency Council on Homelessness, previously known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.
(f) "County" includes, but is not limited to, a city and county. (g) "Funding round 1 moneys" means moneys appropriated for the program in fiscal year 2021-22.
(h) "Homeless" has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
(i) "Local jurisdiction" means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
U) "Program" means the Encampment Resolution Funding program established pursuant to this chapter.
(k) "Recipient" means an applicant that receives grant funds from the council for the purposes of the program.
(I) "State right-of-way" means real property held in title by the State of California Additional definitions for the purposes of ERF program:
"Grantee" is synonymous with "Recipient"
"Subrecipients" or "subgrantees" are entities that receive subawards from "recipients" or "grantees" to carry out part of the Program.
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CA\JR\01200.10107\10274859.3 CA\JR\01200.10107\10274859.2 "Expended" means all ERF funds obligated under contract or subcontract that have been fully paid and receipted, and no invoices remain outstanding. "Obligate" means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using ERF funding. Grantees must obligate the funds by the statutory deadlines set forth in this Exhibit A.
4) Scope of Work
This Scope of Work identifies the terms and conditions necessary to accomplish the Program's intended objectives.
As detailed in Exhibit A.2, the Program has two, interdependent objectives. First, grantees will implement ERF funded local demonstration projects. Second, in close partnership with Grantees, Cal ICH will evaluate the manner and outcomes of this implementation. Those learnings will be shared across the state.
Grantees will implement their ERF funded local demonstration projects in compliance with the terms and conditions of this Agreement, the Request for Applications ("RFA") under which the Grantee applied, the representations contained in the Grantee's application, Cal ICH guidance or directives, and the requirements per the authorizing statute.
Permissible eligible uses and activities are detailed below in Exhibit B, Budget Details and Disbursement Provisions. Prior to fully executing this agreement, Grantees must standardize their budget using an Cal ICH provided budget template.
Because of the legislative intent to share scalable and replicable encampment resolution models, Grantees are expected to be close partners with Cal ICH. This means timely and accurate reporting, candid communication of successes and challenges, and availability of persons, information, or materials.
Quarterly reporting requirements are detailed below in Exhibit D.4. Reporting, Evaluation, and Audits.
Fiscal deadlines are detailed below in Exhibit A.6. Effective Date, Term of Agreement, and Deadlines.
Grantees shall complete a Final Work Product (As detailed below in Exhibit A.6.d.) and participate in a program evaluation regarding their implementation of ERF awards. To support this effort, Cal ICH will make Technical Assistance available.
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CA\JR\01200.10107\10274859.3 CA\JR\01200.10107\10274859.2 Cal ICH maintains sole authority to determine if a grantee is acting in compliance with the program objectives and may direct grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and Cal ICH's discretion in making these determinations are absolute and final. 5) Cal ICH Contract Coordinator
The Cal ICH's Contract Coordinator for this Agreement is the Council's Grant Development Section Chief or the Grant Development Section Chiefs designee.
Unless otherwise instructed, any communication shall be conducted through email to the Cal ICH Contractor Coordinator or their designee. If documents require an original signature, the strongly preferred form is an e-Signature in accordance with the Uniform Electronic Transactions Act (UETA). If an Awardee is unwilling or unable to sign a document electronically, BCSH shall accept wet or original signed documents. These documents containing wet signatures should be both mailed to Cal ICH and scanned and emailed as instructed. State law or policy may require the use of wet signatures for specific documents. The Representatives during the term of this Agreement will be:
PROGRAM GRANTEE
ENTITY: Business, Consumer Services and
Housing Agency County of Riverside
SECTION/UNIT:
California lnteragency Council on
Homelessness
(Cal ICH)
DDRESS: 801 Capital Mall, 6th floor
Sacramento, CA, 95814
3403 Tenth Street,
Suite 310,
Riverside, CA 92501
CONTRACT
COORDINATOR Jeannie McKendry Raushanah Walker
PHONE
NUMBER: (916) 510-9446 (951) 203-4035
EMAIL
DDRESS:
[email protected] and
[email protected] [email protected]
The Council reserves the right to change their Cal ICH Contractor Coordinator, designee, and / or contact information at any time with reasonable notice to the Grantee.
All requests to update the Grantee information listed within this Agreement shall be emailed to the Cal ICH grant's general email box at [email protected].
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CA\JR\01200.10107\10274859.3 CA\JR\01200.10107\10274859.2 6) Effective Date, Term of Agreement, and Deadlines
a) This Agreement is effective upon execution by Cal ICH. This is indicated by the Cal ICH provided signature and date on the second page of the accompanying STD. 213, Standard Agreement.
b) Performance shall start no later than 30 days, or on the express date set by Cal ICH and the grantees, after all approvals have been obtained and the Grant Agreement is fully executed. Should the grantee fail to commence work at the agreed upon time, Cal ICH, upon five (5) days written notice to the grantee, reserves the right to terminate the Agreement.
c) Grantees will continue to perform until the Agreement is terminated, including data reporting and participation in program evaluation activities, as needed. d) This Agreement will terminate on March 31, 2026.
Grantees shall submit a Final Work Product by September 30, 2025. The Final Work Product will include programmatic and fiscal data and a narrative on the outputs and outcomes of the program on a reporting template to be provided by Cal ICH
Cal ICH will review submitted Final Work Products and collaborate with Grantees to cure any deficiencies by March 31, 2026.
Grantees are expected to continue performing until March 31, 2026. This means timely and accurate reporting, candid communication of success or shortcomings, and availability of persons, information, or materials. e) Expenditure Deadlines:
i. Grantees shall expend no less than 50 percent of Program funds by June 30, 2024. Any funds not expended by this date shall be returned to the council pursuant to HSC Section 50253(d). Cal ICH will use quarterly fiscal reporting as required in Exhibit D.4.a. of this agreement to determine the amount to be returned.
ii. All Program funds (100 percent) shall be expended by June 30, 2025. Any funds not expended by this date shall revert to the fund of origin pursuant to HSC Section 50253(d).
f) Obligation Deadlines:
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CA\JR\01200.10107\10274859.3 CA\JR\01200.10107\10274859.2 All Program funds (100 percent) shall be obligated by June 30, 2024. Recipients that do not meet this requirement shall submit to the council within 60 days of the end of the second fiscal year a plan for obligating 100 percent of their allocation within six months. The council may subject recipients that do not meet the underlying 100 percent obligation requirement to additional corrective action determined by the council.
7) Special Conditions
Cal ICH maintains sole authority to determine if a grantee is acting in compliance with the program objectives and may direct grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and Cal ICH's discretion in making these determinations are absolute and final.
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CA\JR\01200.10107\10274859.3 CA\JR\01200.10107\10274859.2 Encampment Resolution Funding Program
Standard Agreement
EXHIBIT B
BUDGET DETAIL and DISBURSEMENT PROVISIONS
1) General Conditions Prior to Disbursement
All Grantees must submit the following completed forms prior to Encampment Resolution funds being released:
Request for Funds Form ("RFF")
STD 213 Standard Agreement form and initialed Exhibits A through E STD 204 Payee Data Record or Government Agency Taxpayer ID Form 2) Disbursement of Funds
Encampment Resolution funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Cal ICH, the Department of General Services (DGS), and the State Controller's Office (SCO).
The RFF must include the total amount of Program funds proposed to be expended.
The Encampment Resolution funds will be disbursed in one allocation via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF.
3) Budget Details and Expenditure of Funds
The Grantee shall expend Program funds on eligible uses and activities as detailed in the submitted standardized budget. Grantees must standardize their budget using an Cal ICH provided budget template. Cal ICH reserves the right to direct specific line-item changes in the originally submitted Application budget or subsequently submitted standardized budgets.
To ensure efficient and reliable processing, grantees shall submit budget change requests through a designated submission portal (i.e., currently Cognito, though subject to change). These requests will be reviewed in the first week of each month.
Failure to submit by 5 pm on the 1st day of the month subjects a Grantee to having their budget change request being reviewed the following month. Cal ICH may consider budget change requests outside of this timeline and through email as needed due to documented, exigent circumstances. Grantees carry the burden to anticipate foreseeable budget change requests and should plan accordingly. Cal ICH reserves the right to amend or adjust this process as necessary.
Budget Changes
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CA\JR\01200.10107\10274859.3 CA\JR\01200.10107\10274859.2 Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by Cal ICH so long as the total expenditures (actual and projected) for each eligible use category remain the same as approved in the standardized budget.
Any decrease or increase to the total expenditures for any eligible use category must otherwise be approved by the Council's Grant Development Section Chief or their designee, in writing, before the Grantee may expend Program funds according to an alternative standardized budget. The Grant Development Section Chief will respond to Grantee with approval or denial of request. Failure to obtain written approval from the Grant Manager or their designee as required by this section may be considered a breach of this Agreement. A breach of this agreement may result in remedies listed below in Exhibit D.6. Breach and Remedies.
Regardless of an increase or decrease of an expenditure amount, any significant or material programmatic or fiscal change as considered by a reasonable project manager should be submitted to Cal ICH for approval.
These eligible uses and activities must be consistent with Health and Safety Code (HSC) Sections 50250 - 50254, other applicable laws, the terms and conditions of this Agreement, Cal ICH guidance or directives, the Request for Applications ("RFA") under which the Grantee applied, representations contained in the Grantee's application, and the Purpose of the Program as detailed in Exhibit A.2. Purpose.
Eligible uses and activities include, but are not limited to, the following:
Direct Services and Housing Options: activities to address immediate crisis needs and paths towards safe and stable housing for people living in encampments including, but not limited to, street outreach and engagement, housing and/or systems navigation, interim housing, and permanent housing.
Capacity Building: activities to enhance the systems carrying out the demonstration project including, but not limited to, service coordination efforts, establishing and strengthening cross-system partnerships, and workforce development including specialized training and contracting with providers of culturally specific interventions.
Sustainable Outcomes: activities and interventions to ensure sustained outcomes for the people served and to support sustained restoration of encampment sites to their intended or original state.
Administration: up to 5% of awarded Program funds may be applied to administrative costs.
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CA\JR\01200.10107\10274859.3 CA\JR\01200.10107\10274859.2 Program funds shall not be expended on Ineligible Costs as detailed immediately below.
4) Ineligible Costs
Encampment Resolution funds shall not be used for costs associated with activities in violation, conflict, or inconsistent with Health and Safety Code (HSC) Sections 50250 - 50254, other applicable laws, the terms and conditions of this Agreement, Cal ICH guidance or directives, the Request for Applications ("RFA") under which the Grantee applied, representations contained in the Grantee's application, and the Purpose of the Program as detailed in Exhibit A.2. Purpose.
Costs shall not be used for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.
Moreover, no parties to this contract nor their agents shall directly or indirectly use ERF awards for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. ERF funded activities that cause a traumatic effect are inconsistent with ensuring the safety and wellness of people experiencing homelessness in encampments.
Cal ICH, at its sole and absolute discretion, shall make the final determination regarding the allowability of Encampment Resolution fund expenditures.
Cal ICH reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use Encampment Resolution funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to Cal ICH at an amount and timeframe determined by Cal ICH.
An expenditure which is not authorized by this Agreement, or by written approval of the Grant Manager or his/her designee, or which cannot be adequately documented, shall be disallowed, and must be reimbursed to Cal ICH by the Grantee at an amount and timeframe determined by Cal ICH.
Program funds shall not be used to supplant existing local funds for homeless housing, assistance, prevention, or encampment resolution including site restoration or waste management.
Unless expressly approved by Cal ICH in writing reimbursements are not permitted for any Program expenditures prior to this Agreement's date of execution.
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CA\JR\01200.10107\10274859.3 CA\JR\01200.10107\10274859.2 Encampment Resolution Funding Program
Standard Agreement
EXHIBIT C
STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS
This exhibit is incorporated by reference and made part of this agreement. The General Terms and Conditions (GTC 04/2017) can be viewed at the following link:
https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017- FINALapril2017.pdf?la=en&hash=3A64979F777D5B9D35309433EE81969FD69052D2 In the interpretation of this Agreement, any inconsistencies between the State of California General Terms and Conditions (GTC - 04/2017) and the terms of this Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and its exhibits/attachments.
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EXHIBIT D
GENERAL TERMS AND CONDITIONS
1) Termination and Sufficiency of Funds
a) Termination of Agreement
Cal ICH may terminate this Agreement at any time for cause by giving a minimum of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in paragraph 6 of this Exhibit D; violation of any federal or state laws; or withdrawal of Cal ICH's expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by Cal ICH, any unexpended funds received by the Grantee shall be returned to Cal ICH within 30 days of Cal ICH's specified date of termination. b) Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made available to Cal ICH by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.
2) Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit D.12. (Special Conditions - Grantees/Sub Grantee) or with the prior written approval of Cal ICH and a formal amendment to this Agreement to affect such subcontract or novation.
3) Grantee's Application for Funds
Grantee submitted a budget to Cal ICH as part of their application for the Program.
Prior to fully executing this agreement, Grantees must standardize their application's budget using an Cal ICH provided budget template.
Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications (e.g., standardized budget) Initial Here ::\Jh
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CA\JR\01200.10107\10274859.3 CA\JR\01200.10107\10274859.2 and additions thereto are true, correct, and complete to the best of Grantee's knowledge. In the event that any part of the application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect Cal ICH approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then Cal ICH may declare a breach of this Agreement and take such action or pursue such remedies as are legally available.
4) Reporting, Evaluation, and Audits
a) Reporting Requirements
i. Grantee is required to provide Cal ICH or its agents with all data and outcomes that may inform an assessment of the funded project. Grantees shall report quarterly and have one Final Work Product submitted prior to this Agreement's termination. Grantees will be required to provide:
Outreach and service path data at the anonymized, individual level; Current housing status of persons served in the aggregate; Status of funding as presented in the Cal ICH approved, standardized budget; and
Continued confirmation that projects receiving ERF funds are populated timely into HMIS and use Cal ICH supplied funding codes.
Cal ICH's discretion in identifying which information shall be included in these reports is absolute and final.
Pursuant to Health and Safety Code (HSC) Section 50254, grantees shall provide data elements, including, but not limited to, health information, in a manner consistent with state and federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System.
Pursuant to HSC Section 50254(b)(3), Grantees shall report individual, client-level data for persons served by grant funding to the council, in addition to any data reported through local Homeless Management Information System, as required by the council for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.
Pursuant to HSC Section 50254(b)(4), Council staff may use information reported directly from grantees and through statewide Homeless Data Integration System for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.
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CA\JR\01200.10107\10274859.3 CA\JR\01200.10107\10274859.2 ii. The quarterly reports shall be submitted on a template to be provided by Cal ICH at least 90 days prior to the first reporting deadline. Cal ICH may request interim reports as needed and will provide no less than 30 days' notice to Grantees.
iii. If the Grantee fails to provide any such report, Cal ICH may recapture any portion of the amount authorized by this Agreement with a 14-day written notification.
b) Evaluation
i. At Cal ICH's discretion, Grantees shall participate in a program evaluation regarding their implementation of ERF awards. To support this effort, the Cal ICH will contract a third party to complete the evaluation. ii. Grantees are expected to be close partners with Cal ICH for this program evaluation and for all evaluative aspects of this Program. This means timely and accurate reporting, candid communication of success or challenges, and availability of persons, information, or materials. More specifically, Grantees must cooperate with Cal ICH or its designee as reasonably required to implement an evaluation plan. This includes providing or facilitating the collection of data and materials as reasonably requested by Cal ICH or its designee.
iii. For the purpose of evaluation, Cal ICH or its designee may visit sites related to the project and film, tape, photograph, interview, and otherwise document Grantee's operations during normal business hours and with reasonable advance notice. Cal ICH will comply with Grantee's site visit terms during any site visits.
iv. Grantees should maintain active data, documents, and filings in anticipation of this evaluation. Special care should be taken to organize and preserve internal work products that guided implementation by the Grantee or subgrantee.
v. Grantees shall notify Cal ICH and provide copies of any reports or findings if Grantee conducts or commissions any third-party research or evaluation regarding their funded project.
vi. All terms and conditions that apply to reporting similarly apply to evaluation. c) Auditing
Cal ICH reserves the right to perform or cause to be performed a financial audit.
At Cal ICH request, the Grantee shall provide, at its own expense, a financial Initial Here lfh
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CA\JR\01200.10107\10274859.3 CA\JR\01200.10107\10274859.2 audit prepared by a certified public accountant. Should an audit be required, the Grantee shall adhere to the following conditions:
i) The audit shall be performed by an independent certified public accountant. ii) The Grantee shall notify Cal ICH of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by Cal ICH to the independent auditor's working papers. iii) The Grantee is responsible for the completion of audits and all costs of preparing audits.
iv) If there are audit findings, the Grantee must submit a detailed response acceptable to Cal ICH for each audit finding within 90 days from the date of the audit finding report.
5) Inspection and Retention of Records
a) Record Inspection
Cal ICH or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement. The Grantee agrees to provide Cal ICH, or its designee, with any relevant information requested. The Grantee agrees to give Cal ICH or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the Encampment Resolution Funding Program laws, Cal ICH guidance or directives, and this Agreement. b) Record Retention
The Grantee further agrees to retain all records described in subparagraph A for a minimum period offive (5) years after the termination of this Agreement.
If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.
6) Breach and Remedies
a) Breach of Agreement
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CA\JR\01200.10107\10274859.3 CA\JR\01200.10107\10274859.2 Breach of this Agreement includes, but is not limited to, the following events:
i. Grantee's failure to comply with the terms or conditions of this Agreement. ii. Use of, or permitting the use of, Encampment Resolution funds provided under this Agreement for any ineligible activities.
iii. Any failure to comply with the deadlines set forth in this Agreement. b) Remedies for Breach of Agreement
In addition to any other remedies that may be available to Cal ICH in law or equity for breach of this Agreement, Cal ICH may:
i. Conduct a program monitoring which will include a corrective action plan (CAP) with findings, remedies, and timelines for resolving the findings. ii. Bar the Grantee from applying for future Encampment Resolution funds; iii. Revoke any other existing Encampment Resolution award(s) to the Grantee;
iv. Require the return of any unexpended Encampment Resolution funds disbursed under this Agreement;
v. Require repayment of Encampment Resolution funds disbursed and expended under this Agreement;
vi. Require the immediate return to Cal ICH of all funds derived from the use of Encampment Resolution funds
vii. Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with Encampment Resolution requirements.
c) All remedies available to Cal ICH are cumulative and not exclusive. d) Cal ICH may give written notice to the Grantee to cure the breach or violation within a period of not less than 14 days.
7) Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Cal ICH to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these Initial Here j.1('-l'J
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CA\JR\01200.10107\10274859.3 CA\JR\01200.10107\10274859.2 provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Cal ICH to enforce these provisions.
8) Nondiscrimination
During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state or federal law. Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California's laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, Section 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, Section 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Section 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 9) Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code Section 1090 and Public Contract Code Sections 1041O and 10411.
a) Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services.
b) Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract Initial Here j{f-1
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CA\JR\01200.10107\10274859.3 CA\JR\01200.10107\10274859.2 in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelvemonth period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.
c) Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, Section 81000 et seq.).
d) Representatives of a County: A representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county. 10) Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, Section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:
Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code Section 8355, subdivision (a)(1).
a) Establish a Drug-Free Awareness Program, as required by Government Code Section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following:
i. The dangers of drug abuse in the workplace;
ii. Grantee's policy of maintaining a drug-free workplace; iii. Any available counseling, rehabilitation, and employee assistance program; and
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CA\JR\01200.10107\10274859.3 CA\JR\01200.10107\10274859.2 iv. Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations.
b) Provide, as required by Government Code Section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement:
i. Will receive a copy of Grantee's drug-free policy statement, and ii. Will agree to abide by terms of Grantee's condition of employment or subcontract.
11) Child Support Compliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:
a) The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and
b) The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
12) Special Conditions - Grantees/Subgrantee
The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions shall be met to the satisfaction of Cal ICH prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of Encampment Resolution funds. Failure to comply with these conditions may result in termination of this Agreement.
a) The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to:
i. Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.
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CA\JR\01200.10107\10274859.3 CA\JR\01200.10107\10274859.2 ii. Maintain at least the minimum State-required worker's compensation for those employees who will perform the work or any part of it. iii. Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it.
iv. Agree to include and enforce all the terms of this Agreement in each subcontract.
13) Compliance with State and Federal Laws, Rules. Guidelines and Regulations The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the Encampment Resolution program, the Grantee, its subrecipients, and all eligible activities.
Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to Cal ICH upon request. 14) Inspections
a) Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.
b) Cal ICH reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. c) Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected.
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CA\JR\01200.10107\10274859.3 CA\JR\01200.10107\10274859.2 15) Litigation
a) If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Cal ICH, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable.
b) The Grantee shall notify Cal ICH immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or Cal ICH, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Cal ICH.
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CA\JR\01200.10107\10274859.3 CA\JR\01200.10107\10274859.2 Encampment Resolution Funding Program
Standard Agreement
EXHIBIT E
SPECIAL TERMS AND CONDITIONS
1) All proceeds from any interest-bearing account established by the Grantee for the deposit of funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of funds, must be used for eligible activities and reported on as required by Cal ICH.
2) Grantee shall utilize its local Homeless Management Information System (HMIS) to track Encampment Resolution funded projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by funding (e.g., by creating appropriate - Encampment Resolution specific funding sources and project codes in HMIS).
3) Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the statewide Homeless Management Information System (known as the Homeless Data Integration System or "HDIS"), in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code Section 50254. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). For purposes of this paragraph, "health information" means "protected health information," as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and "medical information," as defined in subdivision 0) of Section 56.05 of the Civil Code. The Council may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement. 4) Grantee agrees to accept technical assistance as directed by Cal ICH or by a contracted technical assistance provider acting on behalf of Cal ICH and report to Cal ICH on programmatic changes the grantee will make as a result of the technical assistance and in support of their grant goals.
5) Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape Initial Here iJ }1
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6) Cal ICH maintains sole authority to determine if a grantee is acting in compliance with the program objectives and may direct grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and Cal ICH's discretion in making these determinations are absolute and final.
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HOUSING and WORKFORCE SOLUTIONS
AMENDMENT # 1
The City of Corona
Encampment Resolution Funding Program
HWS-0004684
This Amendment #1 to the Agreement HWS-0004684 for Encampment Resolution Funding Program (herein referred to as “Amendment #1”) is made and entered into by and between The City of Corona, a political subdivision of the State of California (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, COUNTY and SUBRECIPIENT entered into that certain Agreement HWS0004684 for Encampment Resolution Funding Program effective February 1, 2023 through September 30, 2025, (herein referred to as “Agreement”); and WHEREAS, the parties now desire to amend the Agreement to increase the budget by $114,580.10 from $1,071,434.10 to $1,186,014.20 and modify budget allocations in Schedule A Payment Provision, Section A.1 METHOD, TIME, AND CONDITIONS OF PAYMENT Budget Table.
NOW, THEREFORE, the parties agree as follows:
1. Payment Provision Schedule A, Section A.1.a (Method, Time, and Conditions of payment) of (Payment Provisions) of the Agreement is hereby amended to replace with the following:
a. SUBRECIPIENT shall be reimbursed by COUNTY, for an amount not to exceed $1,186,014.20. Said funds shall be spent according to the Budget shown below.
Budget Description Total
1) Direct Staff Cost $309,810.41
2) Other Direct Cost $787,210.25
3) Indirect Cost $49,334.02
4) Encampment Clean Up $39,659.52
Total $1,186,014.20
The table above may be changed (without changing the total amount) as approved with written approval from HWS.
Updated budget and spending milestone table for the subsequent terms with the total amounts awarded will be provided by HWS when available. Subrecipient must meet the prorated monthly spending milestones in each line item in the table above and submit the Fiscal Performance in the Monthly Performance Report by the 10th business day of the following month (Note:
Monthly spending milestones are the amounts of the budget line items divided by the number of months in the Period of Performance).
2. Miscellaneous. All other terms and conditions of the Agreement not modified herein shall remain unchanged and in full force and effect.
3. Effective Date. This Amendment #1 to the Agreement is effective May 1, 2025.
4. Electronic Signatures. This Amendment 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 Amendment 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 Amendment. The parties further agree that the electronic signatures of the parties included in this Amendment 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.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Amendment #1.
COUNTY SUBRECIPIENT
Riverside County Department of Housing City of Corona
and Workforce Solutions
Heidi Marshall City Manager
Director
Date Date
DATE: 06/18/2025
TO: Honorable Mayor and City Council Members
FROM: Planning and Development Department
2025-245
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
PROFESSIONAL SERVICES AGREEMENTS WITH BUREAU VERITAS NORTH
AMERICA, TRUE NORTH COMPLIANCE SERVICES, WILLDAN ENGINEERING, AND
VCA CODE, FOR PLAN CHECK, INSPECTION, CODE COMPLIANCE, AND ON-SITE STAFFING SERVICES PURSUANT TO REQUEST FOR PROPOSAL 25-052MB EXECUTIVE SUMMARY:
This staff report asks the City Council to award Request for Proposal No. 25-052MB (RFP25-052MB) to Bureau Veritas North America, Inc., True North Compliance Services, Inc., Willdan Engineering, and The Code Group, Inc. DBA VCA Code for building plan checks, inspection, code compliance, and on-site staffing services. The Planning and Development Department maintains the use of consultants for the aforesaid services to meet its daily responsibilities and service review times associated with structural plan reviews, other miscellaneous plan reviews, and building inspection appointments. The City’s current professional services agreements with its consultants will expire on June 30, 2025.
RECOMMENDED ACTION:
That the City Council:
a. Award the Request for Proposal 25-052MB to Bureau Veritas North America, Inc. of Houston TX, True North Compliance Services, Inc. of Long Beach CA, Willdan Engineering of Riverside CA, and The Code Group, Inc. DBA VCA Code of Orange CA, for Plan Check Consulting, Inspection, Code Compliance, and On-Site Staffing
Services in the amount of $500,000each, per fiscal year with an initial award period of July 1, 2025, through June 30, 2028.
b. Authorize the City Manager, or his designee, to execute the agreements with Bureau Veritas North America, True North Compliance Services, Willdan Engineering, and VCA Code of Orange, and authorize the City Manager, or his designee, to extend the agreements for an additional three year period after the initial award period per CMC 3.08.070(I).
c. Authorize the City Manager, or his designee, to issue an annual purchase order to Bureau Veritas North America, True North Compliance Services, Willdan Engineering, and VCA Code in the amount of $500,000 each, per fiscal year. d. Authorize the City Manager, or his designee, to negotiate and execute any amendments to these agreements that are non-substantive or are otherwise in compliance with the City Council actions hereunder.
BACKGROUND & HISTORY:
The Planning and Development Department uses qualified consultants to meet its daily responsibilities associated with the structural building plan review process and other complex plan reviews related to Title 24 of the California Code of Regulations. The department’s plan review time is provided in Table 1. Consultants are also used to temporarily backfill vacant positions in inspection services, and front counter permit operations. The department currently has contracts with five consulting firms, Bureau Veritas North America, Interwest Consulting Group, VCA The Code Group, TRB and Associates, and Advanced Applied Engineering, providing off-site and on-site staffing services related to building plan review and inspection services. The current contracts with all five companies have been in place for six years and will expire on June 30, 2025.
Table 1
Building Plan Review Times
First plan review 10 days
Second and subsequent plan reviews 5 days
On March 27, 2025, the City circulated Request for Proposal 25-052MB (RFP25-052MB) for Plan Check Consulting, Inspection, Code Compliance, and On-Site Staffing Services.
The RFP was formally advertised on the PlanetBids/City of Corona website and distributed to firms that specialize in providing these services to planning and building departments at local agencies. The submittal period closed on April 28, 2025, and the City received proposals from 12 firms. Table 2 identifies the firms that submitted a proposal to the City, in the order ranked based on the staff’s evaluation of the proposals.
The proposals were evaluated according to the following criteria outlined in the City’s RFP: a) Completeness of Response (Pass/Fail), b) Qualification of the Firm (25%), c) Qualifications of Personnel (25%), d) Work Plan/Project Understanding and Approach (25%), and e) Value (25%).
Table 2
Consultant Ranking
Rank Consultant
1 BVNA, Inc.
2 Willdan Engineering
3 True North Compliance Services
4 VCA Code
5 (tie) CSG Consultants, Inc.
5 (tie) BPR Consulting Group
6 Transtech Engineers, Inc.
7 Shums Coda Associates, Inc.
8 RKA Consulting Group
9 Freedom Support Services, Inc.
10 J Lee Engineering
11 FEI Associates Consulting Engineers
ANALYSIS:
The four highest scoring firms were selected for professional service agreements with the City. All four firms have agreed to execute the City’s Professional Services Agreement without modifications to the terms and conditions contained therein. The firms have also agreed to provide plan check services according to the City’s cost structure, which is 55 percent of the City’s collected plan check fee. That means 55 percent of the fee collected from project proponents will be paid to the consultant with the remaining 45 percent going into the City’s General Fund. The 45% retained by the City covers staff review of the building plans from other City departments and the processing of the review by the permit technicians. The fee includes the first plan check review and two subsequent reviews.
Plan checks requiring a fourth review and beyond will be performed at an hourly rate as listed in each firm’s cost proposal. This review is generally applied when previous plan review corrections remain unaddressed by the project proponent, generating additional plan reviews.
Table 3
Plan Review Cost Structure
Consultant City Services - Vendor Services - City
Bureau Veritas N.A. Houston, TX 55% of fee 45% of fee
True North Compliance Long Beach,
CA
55% of fee 45% of fee
Willdan Engineering Riverside, CA 55% of fee 45% of fee
VCA Code Orange, CA 55% of fee 45% of fee
As-needed building inspection, code compliance, or permit technician services will be paid on an hourly basis based on the rates established in the agreements. The City will select from the companies offering the best rates for these services.
The initial term of each agreement is three years, July 1, 2025 through June 30, 2028.
After the initial term, the agreements have the option of being extended for another three years as authorized by the City Manager or the Planning and Development Director. Each agreement shall not exceed $500,000 per fiscal year unless authorized according to the City’s purchasing regulations in CMC Chapter 3.08.
FINANCIAL IMPACT:
The consulting services will not negatively impact the General Fund as the City collects plan check fees and building permit fees from project proponents based on the City’s adopted fee schedule to cover the costs associated with the review of plan checks, inspections, and permit technician services. The contract costs for Fiscal Year 2026 were included in the Adopted FY 2026 Planning and Development Department’s operating budget within General Fund 110.
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. There is no possibility that this action will have a significant effect on the environment. Therefore, no environmental analysis is required.
PREPARED BY: CHRIS MILOSEVIC, BUILDING OFFICIAL
REVIEWED BY: JOANNE COLETTA, PLANNING & DEVELOPMENT DIRECTOR ATTACHMENTS:
1. Exhibit 1 – Professional Services Agreement with Bureau Veritas North America, Inc.
2. Exhibit 2 – Professional Services Agreement with True North Compliance Services, Inc.
3. Exhibit 3 – Professional Services Agreement with Willdan Engineering
4. Exhibit 4 – Professional Services Agreement with The Code Group, Inc. DBA VCA Code