HWSCOC-0000097
County of Riverside
Department of Housing and Workforce Solutions
3403 10TH St. Ste. 300
Riverside, CA 92501
and
The City of Murrieta
The Murrieta Creek Home Project
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TABLE OF CONTENTS
1. DEFINITIONS ............................................................................................................................ 3
2. DESCRIPTION OF SERVICES .................................................................................................. 4
3. PERIOD OF PERFORMANCE ................................................................................................... 4
4. COMPENSATION ...................................................................................................................... 4
5. TERMINATION FOR CONVENIENCE ....................................................................................... 4
6. TERMINATION FOR CAUSE ..................................................................................................... 4
7. REQUEST FOR WAIVER AND WAIVER OF BREACH ............................................................. 5
8. OWNERSHIP, PUBLICATION, REPRODUCTION, AND USE OF MATERIAL ........................... 5
9. CONDUCT OF CONTRACTOR/ CONFLICT OF INTEREST ..................................................... 6
10. RECORDS, INSPECTIONS, AND AUDITS ................................................................................ 6
11. CONFIDENTIALITY ................................................................................................................... 7
12. HOLD HARMLESS/INDEMNIFICATION .................................................................................... 7
13. INSURANCE .............................................................................................................................. 8
14. WORKER’S COMPENSATION .................................................................................................. 9
15. VEHICLE LIABILITY................................................................................................................... 9
16. COMMERCIAL GENERAL LIABILITY ...................................................................................... 10
17. INDEPENDENT CONTRACTOR .............................................................................................. 10
18. PROFESSIONAL LIABILITY .................................................................................................... 10
19. USE BY POLITICAL ENTITIES ................................................................................................ 10
20. LICENSES AND PERMITS ...................................................................................................... 10
21. NO DEBARMENT OR SUSPENSION ...................................................................................... 11
22. COMPLIANCE WITH RULES, REGULATIONS, AND DIRECTIVES ........................................ 11
23. INSPECTIONS ......................................................................................................................... 11
24. EMPLOYMENT PRACTICES ................................................................................................... 12
25. CHILD SUPPORT COMPLIANCE ACT .................................................................................... 12
26. DRUG FREE WORKPLACE CERTIFICATION ........................................................................ 12
27. PERSONNEL ........................................................................................................................... 13
28. LOBBYING ............................................................................................................................... 13
29. ADVERSE GOVERNMENT ACTION ....................................................................................... 14
30. SUPPLANTATION ................................................................................................................... 14
31. ASSIGNMENT ......................................................................................................................... 14
32. FORCE MAJEURE................................................................................................................... 14
33. GOVERNING LAW................................................................................................................... 14
34. DISPUTES ............................................................................................................................... 15
35. ADMINISTRATIVE/CONTRACT LIAISON ................................................................................ 15
36. CIVIL RIGHTS COMPLIANCE ................................................................................................. 15
37. NOTICES ................................................................................................................................. 16
38. SIGNED IN COUNTERPARTS ................................................................................................ 16
39. ELECTRONIC SIGNATURES .................................................................................................. 16
40. MODIFICATION OF TERMS .................................................................................................... 17
41. ENTIRE AGREEMENT ............................................................................................................ 17
List of Schedules
Schedule A – Payment Provisions
Schedule B – Scope of Services
List of Attachments
Attachment I – Assurance of Compliance
Attachment II – Contractor Payment Request
Attachment III - Supporting Documentation Attachment
Attachment IV – Time and Activity Report Attachment
Attachment V – Standard Agreement 24-ERF-3-R-100027
Attachment VI - HMIS
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This Agreement is made and entered into effective ___ by and between City of Murrieta, a general law city and a political subdivision of the State of California (herein referred to as “CONTRACTOR”), 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”). The parties agree as follows:
1. DEFINITIONS
A. “Bed Night” refers to one bed per Client per night.
B. “Case Management Services” refers to all of the following various categories of services:
Mental Health
Substance Abuse
Housing
Employment
Children
Intake & Assessment
C. “CES” refers to the Coordinated Entry System in the County of Riverside.
D. “CoC” refers to the Riverside County Continuum of Care.
E. “COUNTY” and/or “HWS” refers to the County of Riverside and its Department of Housing and Workforce Solutions Department, which has administrative responsibility for this Agreement. HWS and COUNTY are used interchangeably in this Agreement.
F. ‘Critical Incident” refers to any event that jeopardizes the safety of Participants, staff or facilities. Events may include, but are not limited to, physical altercations, fires, mandated reportable events (e.g. child abuse), etc.
G. “Crisis Stabilization Housing” or “CSH” refers to sites that will temporarily house homeless individuals & families providing them with intensive case management to assist them in moving into permanent housing (market rate, subsidized, etc.) as quickly as possible.
H. “Emergency Shelter’ refers to any facility, the primary purpose of which is to provide a 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.
I. “HWS” refers to the Department of Housing and Workforce Solutions which has administrative responsibility for this Agreement; for purpose of this Agreement, “HWS’ and “COUNTY” may be used interchangeably.
J. “HMIS” refers to the Riverside County Homeless Management Information System.
K. “Homeless” refers to homeless as defined in 24 CFR 576.2.
L. “Participant(s)” refers to an individual(s) or family(ies) who is assisted under the Program.
M. “Permanent Housing” refers to permanent housing and permanent supportive housing as defined in 24 CFR 578.3.
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N. “CONTRACTOR” refer to the CONTRACTOR including its employees, agents, representatives, subcontractors and suppliers providing services under this Agreement.
O. “SUBCONTRACTOR” refers to any supplier, vendor, or firm that furnishes supplies, materials, equipment, or services to or for the CONTRACTOR or another SUBCONTRACTOR
2. DESCRIPTION OF SERVICES
CONTRACTOR shall provide all services as outlined and specified in Schedule B, Scope of Services, Attachment I – Assurance of Compliance, Attachment II – Contractor Payment Request attached hereto and incorporated herein as referenced.
3. PERIOD OF PERFORMANCE
This Agreement is effective January 1, 2025 (“Effective Date”) and continues in effect through June 30, 2027. CONTRACTOR shall commence performance upon the Effective Date and shall diligently and continuously perform thereafter until the end of the period of performance.
COUNTY and CONTRACTOR agree that all services provided to the Target Population shall be fully performed by April 30, 2027.
4. COMPENSATION
COUNTY shall pay CONTRACTOR for services performed, products provided, or expenses incurred in accordance with Schedule A, “Payment Provisions.” COUNTY is not responsible for any fees or costs incurred above or beyond the contracted amount and shall have no obligation to purchase any specified amount of services or product. Unless otherwise specifically stated in Schedule A, COUNTY shall not be responsible for payment of any of CONTRACTOR’s expenses related to this Agreement. AVAILABILITY OF FUNDS/NON-APPROPRIATION OF FUNDS HWS obligation for payment of any Agreement is contingent upon the availability of funds from which payment can be made.
5. TERMINATION FOR CONVENIENCE
A. COUNTY may terminate this Agreement without cause upon giving thirty (30) days written notice served on CONTRACTOR stating the extent and effective date of termination.
B. After receipt of the notice of termination, CONTRACTOR shall:
(1) Stop all work under this Agreement on the date specified in the notice of termination; and (2) Transfer to COUNTY and deliver in the manner directed by COUNTY any materials, reports or other products, which, if the Agreement had been completed or continued, would be required to be furnished to COUNTY.
C. After termination, COUNTY shall make payment only for CONTRACTOR’s performance up to the date of termination in accordance with this Agreement.
D. In the event of such termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY.
6. TERMINATION FOR CAUSE
COUNTY may, at any time, upon five (5) days written notice, terminate this Agreement for cause, if CONTRACTOR 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:
CONTRACTOR’s failure to comply with the terms or conditions of this Agreement;
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Use of, or permitting the use of funds provided under this Agreement for any ineligible activities;
Any failure to comply with the deadlines set forth in this Agreement;
Violation on any federal or state laws or regulations; or
Withdrawal of HCD’s 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:
Bar the CONTRACTOR from applying for future funds;
Revoke any other existing award(s) to the CONTRACTOR;
Require the return of any unexpended funds disbursed under this Agreement;
Require repayment of funds disbursed and expended under this Agreement;
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;
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,
Seek such other remedies as may be available under this Agreement or any law.
C. After receipt of the notice of termination, CONTRACTOR shall:
Stop all work under this Agreement on the date specified in the notice of termination; and Transfer to COUNTY and deliver in the manner directed by COUNTY any materials, reports or other products, which if the Agreement had been completed or continued, would be required to be furnished to COUNTY.
D. In the event of such termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY.
E. The rights and remedies of COUNTY provided in this section shall be cumulative not exclusive and are in addition to any other rights or remedies provided by law or this Agreement.
7. 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.
8. OWNERSHIP, PUBLICATION, REPRODUCTION, AND USE OF MATERIAL HWSCOC- 0000097
CONTRACTOR agrees that all materials, reports, or products, in any form including electronic, created by CONTRACTOR for which CONTRACTOR 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.
CONTRACTOR agrees not to release or circulate, in whole or in part, such materials, reports, or products without prior written authorization of COUNTY.
9. CONDUCT OF CONTRACTOR/ CONFLICT OF INTEREST
A. CONTRACTOR 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 CONTRACTOR’s performance under this Agreement.
CONTRACTOR further covenants that no person or subcontractor having any such interest shall be employed or retained by CONTRACTOR under this Agreement. CONTRACTOR agrees to inform the COUNTY of all CONTRACTOR’s interest, if any, which are or may be perceived as incompatible with COUNTY’s interests.
B. CONTRACTOR 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 CONTRACTOR is doing business or proposing to do business, in fulfilling this Agreement.
C. CONTRACTOR or its employees shall not offer gifts, gratuity, favors, and entertainment directly or indirectly to COUNTY employees.
D. CONTRACTOR 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.
10. 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 CONTRACTOR performance through any combination of on-site visits, inspections, evaluations, and CONTRACTOR self-monitoring. CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR’s performance at any time, upon reasonable notice to the CONTRACTOR.
B. CONTRACTOR 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. CONTRACTOR agrees to provide COUNTY, or their designees, with any relevant information requested. CONTRACTOR 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.
CONTRACTOR further agrees to retain all records described in this paragraph for a minimum HWSCOC- 0000097
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 COUNTY’s request, the CONTRACTOR shall provide, at CONTRACTOR’s own expense, a financial audit prepared by a certified public accountant. administrative funds may be used to fund this expense.
(1) If a financial audit is required by COUNTY, the audit shall be performed by an independent certified public accountant.
(2) The CONTRACTOR shall notify COUNTY of the auditor’s name and address immediately after the selection has been made. The contract for the audit shall allow access by COUNTY to the independent auditor’s working papers.
(3) The CONTRACTOR is responsible for the completion of audits and all costs of preparing audits.
(4) If there are audit findings, the CONTRACTOR must submit a detailed response acceptable to COUNTY for each finding within ninety (90) days from the date of the audit finding report.
11. CONFIDENTIALITY
A. CONTRACTOR shall maintain the privacy and confidentiality of all information and records, regardless of format, received pursuant to this Agreement (“confidential information”).
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 contractors, subcontractors or suppliers in advance of official announcement.
B. CONTRACTOR 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.
CONTRACTOR shall protect from unauthorized disclosure names and other identifying information concerning person receiving services pursuant to this Agreement.
CONTRACTOR shall ensure case records or personal information is kept confidential when it identifies an individual by name, address, or other specific information. CONTRACTOR shall not use such information for any purpose other than carrying out CONTRACTOR’s obligations under this Agreement. CONTRACTOR shall comply with Welfare and Institutions Code Section (WIC) 10850.
C. CONTRACTOR shall take special precautions, including but not limited to, sufficient training of CONTRACTOR’s staff before they begin work, to protect such confidential information from loss or unauthorized use, access, disclosure, modification or destruction.
D. CONTRACTOR shall promptly transmit to COUNTY all third party requests for disclosure of confidential information. CONTRACTOR shall not disclose such information to anyone other than COUNTY except when disclosure is specifically permitted by this Agreement or as authorized in writing in advance by COUNTY.
12. HOLD HARMLESS/INDEMNIFICATION
A. CONTRACTOR shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of HWSCOC- 0000097
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 CONTRACTOR, 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. CONTRACTOR 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 CONTRACTOR, CONTRACTOR 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 CONTRACTOR indemnification to Indemnitees as set forth herein.
C. CONTRACTOR’s obligation hereunder shall be satisfied when CONTRACTOR has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.
D. The specified insurance limits required in this Agreement shall in no way limit or circumscribe CONTRACTOR’s obligations to indemnify and hold harmless the Indemnitees herein from third party claims.
13. INSURANCE
A. Without limiting or diminishing CONTRACTOR’s obligation to indemnify or hold COUNTY harmless, CONTRACTOR shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages during the term of this Agreement. As respects to the insurance section only, COUNTY herein refers to the County of Riverside, its agencies, districts, special districts, and departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents, or representatives as Additional Insureds.
B. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an AM BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the COUNTY Risk Manager. If the COUNTY’s Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
C. CONTRACTOR’s insurance carrier(s) must declare its insurance self-insured retentions. If such self-insured retentions exceed $500,000 per occurrence such retentions shall have the prior written consent of the COUNTY Risk Manager before the commencement of operations under this Agreement. Upon notification of self-insured retention unacceptable to COUNTY, and at the election of the COUNTY’s Risk Manager, CONTRACTOR’s 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. CONTRACTOR shall cause CONTRACTOR’s insurance carrier(s) to furnish the COUNTY with either 1) a properly executed original certificate(s) of insurance and certified original copies of endorsements effecting coverage as required herein, or 2) if requested to do so HWSCOC- 0000097
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. CONTRACTOR 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 CONTRACTOR’s insurance shall be construed as primary insurance, and COUNTY's insurance and/or deductibles and/or self- insured retentions or self-insured programs shall not be construed as contributory.
F. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services, or there is a material change in the equipment to be used in the performance of the scope of work which will add additional exposures (such as the use of aircraft, watercraft, cranes, etc.), or the term of this Agreement, including any extensions thereof, exceeds five (5) years, the COUNTY reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverages currently required herein if, in the COUNTY Risk Manager's reasonable judgment, the amount or type of insurance carried by the CONTRACTOR has become inadequate.
G. CONTRACTOR 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 self- insurance acceptable to COUNTY.
I. CONTRACTOR 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.
14. WORKER’S COMPENSATION
If CONTRACTOR has employees as defined by the State of California, CONTRACTOR shall maintain statutory Worker’s Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of the County of Riverside, and, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement.
15. VEHICLE LIABILITY
If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CONTRACTOR 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 HWSCOC- 0000097
Agreement or be no less than two (2) times the occurrence limit. Policy shall name COUNTY as Additional Insured.
16. 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 CONTRACTOR’s performance of its obligations hereunder. Policy shall name the COUNTY as Additional Insured. Policy’s limit of liability shall not be less than $2,000,000 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.
Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the Commercial General Liability policy is not endorsed to include affirmative coverage for sexual abuse or molestation, Vendor/Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $2,000,000 per occurrence or claim.
17. INDEPENDENT CONTRACTOR
The CONTRACTOR 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 CONTRACTOR (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, overtime, any retirement benefits, workers’ compensation benefits, health benefits, and injury leave or other leave benefits. COUNTY shall not be required to make any deductions for CONTRACTOR’s employees from the compensation payable to CONTRACTOR under this Agreement. There shall be no employer-employee relationship between the parties and CONTRACTOR shall hold COUNTY harmless from any and all claims that may be made against 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 CONTRACTOR 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.
18. PROFESSIONAL LIABILITY
CONTRACTOR shall maintain Professional Liability Insurance providing coverage for the CONTRACTOR’s performance of work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. If CONTRACTOR’s 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 CONTRACTOR 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 CONTRACTOR 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.
19. USE BY POLITICAL ENTITIES
The CONTRACTOR 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 CONTRACTOR; and COUNTY shall in no way be responsible to CONTRACTOR for other entities’ purchases.
20. LICENSES AND PERMITS
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If applicable, CONTRACTOR 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. CONTRACTOR warrants that it has all necessary permits, approvals, certificates, waivers, and exceptions necessary for performance of this Agreement.
21. NO DEBARMENT OR SUSPENSION
A. CONTRACTOR is not eligible to receive grant funds if CONTRACTOR is not licensed and in good standing in California or is listed on the Federal Consolidated List of Debarred, Suspended and Ineligible Contractors.
B. CONTRACTOR 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.
22. COMPLIANCE WITH RULES, REGULATIONS, AND DIRECTIVES
CONTRACTOR 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 CONTRACTOR directly that pertain to construction, health and safety, labor, fair 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://www.harivco.org/Portals/0/Documents/coc-written-standards-amended- 82218.pdf?ver=2020-08-07-153345-780
b. County of Riverside Continuum of Care Board of Governance Charter:
https://www.harivco.org/Portals/0/Governance%20Charter%20Amended%2010-28-2021.pdf
c. County of Riverside Continuum of Care Homeless Management Information System (HMIS) Charter:
https://www.harivco.org/Portals/0/Documents/county-of-riverside-coc-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 CONTRACTOR shall comply with the more restrictive law or regulation.
23. 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. CONTRACTOR 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 CONTRACTOR until it is corrected.
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24. EMPLOYMENT PRACTICES
A. CONTRACTOR shall comply with all federal and state statutes and regulations in the hiring of its employees.
B. CONTRACTOR 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, CONTRACTOR shall certify and comply with Public Contract Code 10295.3 and not discriminate between employees with spouses and employees with domestic partners, or discriminate between the domestic partners and spouses of those employees.
For the purpose of this section, “domestic partner” means one of two persons who have filed a declaration of domestic partnership with the Secretary of State pursuant to Division 2.5 (commencing with Section 297) of the Family Code.
D. By signing this Agreement or accepting funds under this Agreement, CONTRACTOR shall comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Department of Labor regulations (41 CFR Chapter 60).
25. CHILD SUPPORT COMPLIANCE ACT
A. The CONTRACTOR 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 CONTRACTOR, 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR has any questions concerning this reporting requirement, please call (916) 657-0529. CONTRACTOR should also contact its local Employment Tax Customer Service Office listed in the telephone directory in the State Government section under “Employment Development Department” or access their Internet site at www.edd.ca.gov.
26. DRUG FREE WORKPLACE CERTIFICATION
By signing this Agreement, CONTRACTOR, and its subcontractors, hereby certify, under penalty of perjury under the laws of the State of California, compliance with the requirements of the Drug- Free Workplace Act of 1990 (Government Code 8350 et seq.) and have or will provide a drug- free 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 HWSCOC- 0000097
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. CONTRACTOR’s 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 CONTRACTOR’S drug-free policy statement; and, b. Will agree to abide by terms of SUBREECIPIENT’S condition of employment or Subcontract.
27. PERSONNEL
A. Upon request by COUNTY, CONTRACTOR 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 CONTRACTOR’s list that has been convicted of any crimes involving sex, drugs or violence, or who is known to have a substantiated report of child abuse, as defined in Penal Code Section 11165.12, who occupies positions with supervisory or disciplinary power over minors, or who occupies supervisory or teaching positions over adult Participants. COUNTY shall notify CONTRACTOR 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, CONTRACTOR shall immediately remove that person from providing services under this Agreement.
C. Background Checks
CONTRACTOR shall conduct criminal background record checks on all individuals providing services under this Agreement. Prior to these individuals providing services to Participants, CONTRACTOR 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 Contractor or Designee demonstrating fitness to perform duties shall be retained in each individual’s personnel file.
The use of criminal records for the purposes of employment decisions must comply with the Office of Federal Contract Compliance Programs Directive 2013-02 “Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin” and California Government Code § 12952.
28. LOBBYING
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A. CONTRACTOR 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, CONTRACTOR shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
C. CONTRACTOR 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 CONTRACTOR’s subcontractors shall certify and disclose accordingly.
29. 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 days’ notice or may terminate sooner if agreed to by both parties.
30. SUPPLANTATION
CONTRACTOR 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. CONTRACTOR shall not claim reimbursement from COUNTY for any sums which have been paid by another source of revenue. CONTRACTOR agrees that it will not use funds received pursuant to this Agreement, either directly or indirectly, as a contribution or compensation for purposes of obtaining state funds under any state program or COUNTY funds under any COUNTY programs without prior approval of COUNTY.
31. ASSIGNMENT
CONTRACTOR 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.
32. 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.
33. 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 HWSCOC- 0000097
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.
34. DISPUTES
A. The parties shall attempt to resolve any disputes amicably at the working level. If that is not successful, the dispute shall be referred to the senior management of the parties. Any dispute relating to this Agreement which is not resolved by the parties shall be decided by COUNTY’s Compliance Contract Officer who shall furnish the decision in writing. The decision of COUNTY’s Compliance Contract Officer shall be final and conclusive unless determined by a court to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith. CONTRACTOR 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.
35. ADMINISTRATIVE/CONTRACT LIAISON
Each party shall designate a liaison that will be the primary point of contact regarding this Agreement.
36. CIVIL RIGHTS COMPLIANCE
A. Assurance of Compliance
CONTRACTOR shall complete the “Assurance of Compliance with Riverside County Department of Housing and Workforce Solutions Non-Discrimination in State and Federally Assisted Programs,” attached as Attachment I. CONTRACTOR shall sign and date Attachment I and return it to COUNTY along with the executed Agreement. CONTRACTOR shall ensure that the administration of public assistance and social service programs are non- discriminatory. To the effect that no person shall because of ethnic group identification, age, sex, color, disability, medical condition, national origin, race, ancestry, marital status, religion, religious creed or political belief be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state financial assistance.
B. Participant Complaints
CONTRACTOR 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 CONTRACTOR's personnel. CONTRACTOR must distribute to social service clients that apply for and receive services, “Your Rights Under California Welfare Programs” brochure (Publication 13). For copies of this brochure, visit the following website at:
http://www.cdss.ca.gov/inforesources/Civil-Rights/Your-Rights-Under-California-Welfare- Programs
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
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CONTRACTOR 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
CONTRACTOR 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.
37. NOTICES
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
CONTRACTOR:
City of Murrieta
1 Town Square
Murrieta, CA 92562
38. 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.
39. 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 HWSCOC- 0000097
the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
40. MODIFICATION OF TERMS
This Agreement may be modified only by a written amendment signed by authorized representatives of both parties.
41. 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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IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement.
Authorized Signature for CONTRACTOR:
Authorized Signature for COUNTY:
Printed Name of Person Signing:
City Manager
Printed Name of Person Signing:
Heidi Marshall
Title:
Title:
Director
Date Signed: Date Signed:
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Schedule A
Payment Provisions
A.1 METHOD, TIME, AND CONDITIONS OF PAYMENT
a. CONTRACTOR shall be reimbursed by COUNTY, for an amount not to exceed $6,655,713.60 Said funds shall be spent according to the Budget shown below.
Budget Category Description Unit Cost Rate Total
Street Outreach Direct Staff $2,000,481.60
System Support Direct Staff $920,832.00
Service Coordinator Hygiene, Clothing and
Housing Essential
allowance
40 $300 1 time $12,000.00
Service Coordinator Vehicle (Leasing and
Fuel)
6 $900 36 months $194,400.00
Interim Sheltering Motel/Hotel Lodging 30 $150 120 nights $540,000.00 Interim Sheltering Motel/Hotel Food
cards
30 $100 120 nights $360,000.00
Rapid Rehousing Application 60 $100 Application each $6,000.00 Rapid Rehousing Landlord Incentives 60 $1,000 1 time $60,000.00 Rapid Rehousing Security Deposit 60 $1,900 1 time $114,000.00 Rapid Rehousing Utility Deposits 60 $400 1 time $24,000.00 Rapid Rehousing Rental Assistance 45 $1,900 Up to 24 months $2,052,000.00 Rapid Rehousing Rental Assistance 15 $1,900 Up to 12 months $342,000.00 Prevention and
Diversion
Flexible Subsidies:
Reunification,
Mitigation Fund for
participant repairs and
other contingencies
15 $2,000 1 time $30,000.00
Total $6,655,713.60
The table above may be changed (without changing the Total amount) with written approval from HWS.
c. CONTRACTOR shall be reimbursed for eligible costs only. CONTRACTOR 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.
d. With each claim for reimbursement of eligible costs, CONTRACTOR shall submit:
1. Contractor Payment Request 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.
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e. All complete claims submitted in a timely manner shall be processed within forty-five (45) calendar days.
f. All Program funds shall be expended by 06/30/2027
A.2 INELIGIBLE COST
ERF funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses must be consistent with HSC Sections 50250-50254, other applicable laws, the terms and conditions of Standard Agreement No. 24-ERF-3-R-100027, HCD guidance or directives, and must be in compliance with the principles of Housing First as defined in Welfare and Institutions Code section 8255.
HWS 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.
HWS has the authority to withhold funds under this agreement pending a final determination by HWS of questioned expenditures or indebtedness. If CONTRACTOR or its funded subcontractors use ERF funds to pay for ineligible activities, CONTRACTOR shall be required to reimburse these funds to the HWS. 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 withheld funds.
1. An expenditure which is not authorized under this Agreement, or which cannot be adequately documented, shall be disallowed and must be reimbursed to the HWS.
2. Expenditures for activities not described above shall be deemed authorized if the activities are consistent with Health and Safety Code Section 50219 and such activities are approved in writing by HWS and BCSH prior to the expenditure of funds for those activities.
3. BCSH, at its sole and reasonable discretion, shall make the final determination regarding the allowability of expenditures of ERF funds.
A.3 ADMINISTRATIVE COST
Under this agreement, CONTRACTOR may use no more than five percent (5%) of the awarded amount for administrative costs. HWS and/or BCSH shall make the final determination regarding the classification of expenditures as administrative costs or direct activity costs.
A.4 EXPENDITURE OF FUNDS
CONTRACTOR shall Expend one hundred percent (100%) of all funds under this agreement by April 30, 2027. Unless approved by HWS in writing, all final requests for reimbursement of authorized ERF expenditures under this Grant must be submitted to HWS no later than May 31, 2027.
A.5 ADVANCE PAYMENT
HWS may issue a one-time advance payment to CONTRACTOR in an amount not to exceed fifty percent (50%) of the maximum reimbursable amount upon written request by the CONTRACTOR.
Such written request must be submitted on CONTRACTOR letterhead and CONTRACTOR shall also complete the CONTRACTOR Payment Request (Attachment II). If an advance is issued, the advance will be recouped from the full amount of each monthly claim that is submitted. No additional payments will be made until the advance is completely recouped. HWS reserves the right, in its sole discretion, to approve or deny an advance request based on funding availability.
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CONTRACTOR shall place the advance in an interest-bearing account. All interest accrued from the interest-bearing account established by the CONTRACTOR for the deposit of ERF funds, including all accrued interest from any interest-bearing accounts opened by the subcontractors to the CONTRACTOR for the deposit of ERF funds, shall be returned to the Department of Housing and Workforce Solutions via check or direct deposit no later than June 30, 2027, to be used for ERF-eligible activities. Under this agreement, no more than five percent (5%) of the awarded amount may be used for administrative costs
A.5 WITHHELD PAYMENTS
Payments to CONTRACTOR may be withheld by COUNTY if CONTRACTOR fails to comply with any provision of this Agreement.
A.6 REPROGRAMMING OF ERF FUNDS
BCSH allows for the HWS to reprogram funds under the ERF Program from one eligible activity and/or jurisdiction to another after the application is approved and funds are disbursed. The HWS reserves the right to reprogram funds as needed after awards are announced to ensure funding spending goals and ERF Program compliance under Standard Agreement No. 24-ERF-3-R- 100027.
During the course of the grant period, HWS will review grantee’s spending to determine the projected amount to be spent/unspent by June 30, 2027. If the spending trend falls below the projected spending, HWS may elect to recoup projected unused funds and reprogram such funds to provide funding in areas with higher need.
A.7 DISALLOWANCE
If CONTRACTOR receives payment under this Agreement which is later disallowed by COUNTY for nonconformance with this Agreement, CONTRACTOR 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 CONTRACTOR.
If it is determined that a CONTRACTOR falsified any certification, RFP information, financial, or contract report, CONTRACTOR 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.8 FISCAL ACCOUNTABILITY
a. CONTRACTOR 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. CONTRACTOR must establish and maintain on a current basis an accrual accounting system in accordance with generally accepted accounting principles and standards. Further, CONTRACTOR must develop an accounting procedure manual. Said manual shall be made available to COUNTY upon request or during fiscal monitoring visits.
A.9 BUDGET MODIFICATION, BUDGET AMENDMENT, AND OTHER AMENDMENT CONTRACTOR is expected to implement the agreed services and activities and meet all performance and financial outcomes as planned and agreed in this agreement. CONTRACTOR shall make no changes to the budget without first obtaining written approval from the HWS. Any budget amendments must be requested by the CONTRACTOR 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.
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Budget Modification, Budget Amendment and/or any other Amendment of Agreement for Convenience may be conducted based on mutual agreement between the COUNTY and CONTRACTOR and written approval from HWS with no negative effect for both parties under the authority of HWS.
Budget Modification, Budget Amendment and/or any other Amendment of Agreement for Cause may be conducted based on mutual agreement between the COUNTY and CONTRACTOR and written approval from HWS. Any Cause due to CONTRACTOR’s inability to implement the agreed services and/or activities to meet all performance and financial outcomes as planned and agreed in this agreement will become Finding(s) in the monitoring/auditing process and lead to any related effects such as project scoring, evaluation, consideration for future funding opportunities.
A.10 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, 2027
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Schedule B
Scope of Services
B.1 GENERAL REQUIREMENTS
CONTRACTOR shall adhere to all applicable provisions outlined in Agreement and all applicable conditions of Standard Agreement No. 24-ERF-3-R-100027 between BCSH and COUNTY, and applicable State of California requirements governing the use of Encampment Resolution funds and shall cooperate with COUNTY in fulfilling its obligations thereunder. In addition, CONTRACTOR 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. CONTRACTOR shall also provide Participant linkages to other sources of support. CONTRACTOR 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 CoC’s cohesive and integrated housing crisis response system with existing programs, bringing them together into a “no-wrong-door” system. 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. Participate in outreach efforts with other county agencies dedicated to serving the encampment project area.
d. Conduct initial assessment which will include, but not limited to completion of the VI-SPDAT and the collection of any documents necessary to facilitate service provision and make a determination of the most suitable temporary housing options.
e. Link households/individuals in the target population to rapid re-housing options while securing permanent housing with individualized supportive services.
f. Provide housing navigation assistance and implement landlord recruitment efforts (including rental subsidies and incentives such as security deposits/holding fees) to support households with identifying units, viewing, applying, securing, and moving into permanent housing units.
g. Provide move-in assistance, rental assistance, hotel vouchers and other goods/services needed to help seniors stabilize or maintain in permanent housing.
h. Provide move-in assistance, rental assistance, hotel vouchers and other goods/services needed to help seniors stabilize or maintain in permanent housing.
i. Provide housing and case management services that are low barrier, trauma informed, culturally responsive and Housing First-oriented which recognizes that the most effective solution to homelessness is permanent housing and all housing for the homeless should be provided immediately and without any preconditions.
j. Agree to participate in the HMIS.
1. HMIS security policies and procedures, and entering required Participant data on a regular and timely basis.
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2. COUNTY retains the rights to the HMIS and case management software application used in the operations of this property. COUNTY will grant CONTRACTOR access to use the HMIS software for the term of this Agreement.
3. CONTRACTOR 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://www.harivco.org/HomelessManagementInformationSystem/tabid/237/Default.asp x.
4. CONTRACTOR must maintain a valid HMIS End User Agreement on file with the COUNTY, which is located on the County of Riverside CoC website:
https://www.harivco.org/HomelessManagementInformationSystem/tabid/237/Default.asp x.
B.2 PERFORMANCE MEASUREMENTS OUTCOME STATEMENT
Outcomes (Data Analysis)
# of households served: 60
# of people served 60
# of households to achieve housing stability:
(Note: Report should include breakdown of # of persons
connected to each type of housing and services)
48 # of persons to achieve housing stability:
(Note: Report should include breakdown of # of persons
connected to each type of housing and services)
48 Percentage of persons exiting back into Homelessness: No more than 20% Percentage of eligible and willing persons served to
retain or obtain mainstream benefits: 80%
B.3 SPENDING MILESTONES
Percent
Spent
Spending Timeframe
50% June 30, 2025 50%
Expenditure deadline
can be met by submitting
an advancement request
in writing prior to the
original expenditure date.
75% June 30, 2026
100% April 30, 2027
B.4 The SUBRECIPIENT will provide interim housing, outreach, rental assistance for up to 12 months coupled with case management, life skills, and linkage to employment opportunities or assistance with obtaining supplemental income. The program is expected to serve 60 individuals.
SUBRECIPIENT will be working closely with its shelter providers, recuperative care providers, HWSCOC- 0000097
Riverside County Workforce Development, Goodwill Industries, California Department of Motor Vehicles, Social Security Administration, Riverside University Health Systems – Public Health and Behavioral Health, and other COUNTY Departments. The ERF-3-R proposed outcomes include:
(1) Placements into housing, referrals to services, (2) reduction of environmental impacts, fire incident (3) Trail accessibility and (4) address recidivism.
B.5 COORDINATED ENTRY SYSTEM
1. Participation is defined by CES training attendance, complying with Riverside County CES Charter, Policies and Procedures, data collection, valid user agreements, and entering required client data on a regular and timely basis.
https://rivcohhpws.org/sites/g/files/aldnop131/files/cocdocumnets/CES%20Policies%20 and%20Procedures%20Amended%205_20_2021.pdf
2. SUBRECIPIENT shall work with the CES Lead Agency to ensure that screening, assessment and referral of program participants are consistent with the CES Charter, Policies and Procedures which are located on the County of Riverside CoC website:
https://rivcohhpws.org/sites/g/files/aldnop131/files/cocdocumnets/CES%20Policies%20 and%20Procedures%20Amended%205_20_2021.pdf
3. SUBRECIPIENT agrees to work with the CES Lead Agency and coordinate delivery of services (e.g., street outreach, housing navigation, case management, landlord incentive programs, and all other supportive services and housing assistance) to support inquiries received through the CES HomeConnect Hotline and by name list.
4. SUBRECIPIENT agrees to participate in the CES HomeConnect Navigation Council Review Meetings facilitated by the CES Lead Agency.
5. SUBRECIPIENT shall utilize the Vulnerability Index – Service Prioritization Decision Assistance Tool (VI-SPDAT) to screen individuals with high barriers to help them gain access to housing services through the CES.
6. SUBRECIPIENT agrees to provide BCSH access to CES data collected and entered the SUBRECIPIENT’S HMIS, upon request, and to participate in any statewide data initiative as directed by BCSH, including, but not limited to, a statewide data integration environment.
B.6 REPORTING
A. SUBRECIPIENT shall follow all HMIS requirements to ensure that complete and accurate data are in HMIS on an ongoing basis unless exempted for special population such as victims of domestic violence and, upon request from HWS CoC staff, submit information on time to HWS CoC to ensure that HWS CoC staff has complete and accurate information to conduct any kind of reporting including annual reports to BCSH.
B. Information needed for reporting purposes include but are not limited to the followings.
Subrecipient is required to have such information on HMIS and as needed, establish internal mechanism(s) to ensure that information listed below is tracked on an ongoing basis and available at all times during the contract term and record retention period.
1. An ongoing tracking of the specific uses and expenditures of any program funds broken out by eligible uses listed, including the status of those funds.
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2. The unduplicated number of homeless individuals served by the program funds in that year, and a total number served in all years of the program, as well as the homeless population served.
3. The type of housing assistance provided, broken out by the number of individuals.
4. Outcome data for individual served through program funds, including the type of housing that an individual exited to, the percent of successful housing exits, and exit types for unsuccessful housing exits.
5. Documentation of Services Provided.
6. Increases in capacity for new and existing programs.
7. The number of unsheltered homeless individuals becoming sheltered.
8. The number of homeless persons entering permanent housing.
C. Breakdowns will be expected for each activity (i.e., services, capital improvements, Rental Assistance, etc.) and program type (i.e., Emergency Shelter, rapid re-housing, outreach, etc.) for the supplemental reporting requirements listed above, when applicable. The same information will also be requested specifically for the following subpopulations, based on priorities identified by the U.S. Department of Housing and Urban Development (HUD):
1. Chronically Homeless
2. Homeless Veterans
3. Unaccompanied Homeless Youth
4. Homeless persons in families with children
D. SUBRECIPIENT will also be asked to comment on the following:
1. Progress made toward local homelessness goals.
2. The alignment between ERF funding priorities and “Housing First” principles adopted by the Homeless Coordinating and Financing Council.
3. Any other effects from ERF funding that the CoC would like to share (optional).
B.7 DESCRIPTION OF SERVICES
a. Accept referrals through the County’s Coordinated Entry System (CES).
b. Provide Rental Assistance and Rapid Rehousing (RRH) (Housing identification, Rent and move-in assistance; and Intensive Case management and services).
1. ERF-3-R eligible RRH activities include:
i. Rental and utility arrears payments
ii. Rental application fees
iii. Moving costs
iv. Security deposits (not to exceed 2 months) and holding fees v. Rental subsidies
vi. Landlord incentives
vii. Housing search assistance
viii. Housing stabilization case management services
ix. Flexible Subsidies
c. Target population will serve homeless individuals and families currently in short-term, non- congregate shelter.
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d. Provide case management that includes but is not limited to:
1. Intake assessment, income, housing history and current living circumstances
2. Housing navigation assistance
3. Assistance to clients with completing applications and negotiations to landlords as needed
4. Developing individuals Service Plans with clients to ensure long-term stability
5. Document the development of individuals services plans, including detailed notes on interactions and progress, within the HMIS system
6. Transportation Assistance: Provide or coordinate transportation services to ensure access to essential resources, including healthcare, employment opportunities, and housing appointments
e. Continuing case management a minimum of 12 months after the client has graduated from the program to ensure stability.
f. Connecting clients to mainstream benefits such as, but not limited to:
1. Employment assistance
2. Job training programs
3. CalWorks
4. CalFresh
5. SSI/SSDI
6. Mental Health services
g. Provide landlord incentives to increase housing opportunities for vulnerable populations.
1. Landlord incentives can include, but are not limited to:
i. Security deposits
ii. Application fee’s
iii. Holding fees
iv. Utility Deposits
v. First and Last month’s rent
vi. Marketing to secure and retain new and partnering landlords
h. Coordinate with other team members from the Integrated Homeless Encampment Response Team for planning, implementation, and execution of response to ERF.
i. Assists with developing a timeline and schedule to areas for engagement (e.g., outreach and coordination, abatement, and other responses resulting in permanent housing).
j. Assists with canvassing service area to determine legal jurisdiction of each participating entity.
k. Engages regularly with individuals residing in area to facilitate appropriate social service linkages such as housing, workforce, behavioral, mental and/or substance use services.
l. Responds to emergencies such as flood(s) and fire(s) impacting the area and residents who live there by posting notice and assisting with search and rescue activities to help relocate individuals to emergency housing or safe zones.
m. Completes the Survey 1-2-3 Homeless Encampment Assessment Tool for designated service areas to determine resident occupancy levels, household composition including HWSCOC- 0000097
animals, housing-type (e.g., tents, underground structures, makeshift, and vehicles), and potential safety risks and/or hazards.
n. Utilizes the VI-SPDAT (Vulnerability Index – Service Prioritization Decision Assistance Tool or other CoC-approved assessment tool) to complete assessments and determine risk and prioritization when providing assistance to homeless and at-risk of homelessness populations.
o. Participates in the Homeless Management Information System (HMIS) and enrolls individuals into outreach projects, enters case notes, and identifies services provided.
p. Participates in all county homeless response meetings such as the CES Community Partnership Meeting and activities concerning the San Jacinto River Bottom.
q. Develops and delivers educational materials on fire management and suppression to residents and community stakeholders supporting encampment response.
r. Receives encampment information and coordinate responses with lead agencies and partnering jurisdictions and will deploy planning and coordination calls for the site reported.
s. Prepares reports to partnering Integrated Homeless Encampment Response Team members and assists with monitoring progress (e.g., linkage to permanent housing and services).
HWSCOC- 0000097
ATTACHMENT I
Assurance of Compliance
ASSURANCE OF COMPLIANCE WITH
THE RIVERSIDE COUNTY DEPARTMENT OF HOUSING AND WORKFORCE SOLUTIONS
NONDISCRIMINATION IN STATE AND FEDERALLY ASSISTED PROGRAMS
City of Murrieta
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 Director’s Signature
________________________________
Address of Vendor/Recipient
(08/13/01) CR50-Vendor Assurance of Compliance
HWSCOC- 0000097
ATTACHMENT II
HWSCOC- 0000097
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)
HWSCOC-0000097
Attachment IV
Time/Activity Report
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 TOTALRA PID REHOUSING STA FFCase Mgmt 0.00Housing 0.00Total RRH 0.00HOMELESS PREVENTION SERVICES STAFFCase Mgmt 0.00Housing 0.00Total HPS 0.00A DMIN STAFFAdmin 0.00Total ADMIN 0.00Non-Project 0.00Total Non-Project 0.00Vacation 0.00Sick 0.00Holiday 0.00Other Paid Time Off 0.00Total Fringe 0.00TOTALS 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 0.00Total Hours 0.00Total Fringe Hrs 0.00Difference 0.00Actual Hrs - RRH0.00Employee Signature DateActual Hrs - HPS0.00Actual Hrs - ADMIN0.00Non-Project Hours 0.00Supervisor Signature Date
AGENCY NAME - EMPLOYEE NAMEHUD EMERGENCY SOLUTION GRANT TIME/ACTIVITY REPORT I certify that this is a true and accurate report of my time and the activities were performed as shown.