Murrieta City Council
April 1, 2025

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County of Riverside
Department of Housing and Workforce Solutions
3403 10th Street, Suite 300
Riverside, CA 92501

and

The City of Murrieta

Subrecipient Agreement for the

Homeless Housing, Assistance, and Prevention (HHAP) Program

Pathway to Home – Rapid Re-Housing

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TABLE OF CONTENTS

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

2. DESCRIPTION OF SERVICES ............................................................................................................. 7

3. PERIOD OF PERFORMANCE .............................................................................................................. 7

4. COMPENSATION .................................................................................................................................. 7

5. FUNDING REQUIREMENTS ................................................................................................................ 8

6. AVAILABILITY OF FUNDS/NON-APPROPRIATION OF FUNDS ........................................................ 8

7. TERMINATION FOR CONVENIENCE .................................................................................................. 8

8. TERMINATION FOR CAUSE ................................................................................................................ 9

9. REQUEST FOR WAIVER AND WAIVER OF BREACH ..................................................................... 10

10. OWNERSHIP, PUBLICATION, REPRODUCTION, AND USE OF MATERIAL ................................. 10

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

12. RECORDS, INSPECTIONS, AND AUDITS ........................................................................................ 11

13. CONFIDENTIALITY ............................................................................................................................. 12

14. PERSONALLY IDENTIFIABLE INFORMATION ................................................................................. 12

15. HOLD HARMLESS/INDEMNIFICATION ............................................................................................. 13

16. INSURANCE ........................................................................................................................................ 13

17. WORKERS’ COMPENSATION ........................................................................................................... 14

18. VEHICLE LIABILITY ............................................................................................................................ 15

19. COMMERCIAL GENERAL LIABILITY ................................................................................................ 15

20. PROFESSIONAL LIABILITY ............................................................................................................... 15

21. INDEPENDENT CONTRACTOR ........................................................................................................ 15

22. USE BY OTHER POLITICAL ENTITIES ............................................................................................. 16

23. NO DEBARMENT OR SUSPENSION................................................................................................. 16

24. COMPLIANCE WITH RULES, REGULATIONS, AND DIRECTIVES ................................................. 16

25. INSPECTIONS ..................................................................................................................................... 17

26. CORE COMPONENTS OF HOUSING FIRST .................................................................................... 17

27. EMPLOYMENT PRACTICES .............................................................................................................. 17

28. CHILD SUPPORT COMPLIANCE ACT .............................................................................................. 18

29. DRUG FREE WORKPLACE CERTIFICATION................................................................................... 18

30. PERSONNEL ....................................................................................................................................... 19

31. SUBCONTRACTS ............................................................................................................................... 19

32. SUPPLANTATION ............................................................................................................................... 20

33. ASSIGNMENT ..................................................................................................................................... 20

34. FORCE MAJEURE .............................................................................................................................. 20

35. GOVERNING LAW .............................................................................................................................. 20

36. DISPUTES ........................................................................................................................................... 21

37. ADMINISTRATIVE/CONTRACT LIAISON .......................................................................................... 21

38. CIVIL RIGHTS COMPLIANCE ............................................................................................................ 21

39. NOTICES ............................................................................................................................................. 22

40. SIGNED IN COUNTERPARTS ........................................................................................................... 23

41. ELECTRONIC SIGNATURES ............................................................................................................. 23

42. MODIFICATION OF TERMS ............................................................................................................... 23

43. ENTIRE AGREEMENT ........................................................................................................................ 23

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List of Schedules
Schedule A – Payment Provisions
Schedule B – Scope of Services
List of Attachments
Attachment I – Monthly Performance Report
Attachment II – PII Privacy and Security Standards
Attachment III – Assurance of Compliance
Attachment IV – Subrecipient Payment Request
Attachment V – HHAP Supporting Documentation Instructions Attachment VI – HMIS Participating Agency Agreement
Attachment VII – HHAP Time/Activity Report
Attachment VIII – Standard Agreements No. 23-HHAP-10046

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This Subrecipient Agreement for the Homeless Housing, Assistance, and Prevention Program (herein referred to as “Agreement”) is made and entered into this _____ day of _________, 2025, by and between the City of Murrieta, a municipal corporation (herein referred to as “SUBRECIPIENT”) and the County of Riverside, a political subdivision of the State of California, by and through its Department of Housing and Workforce Solutions (herein referred to as “COUNTY”), as the Administrative Entity for the Riverside City and County Continuum of Care.

WHEREAS, pursuant to 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), as amended, the State of California has established the Homeless Housing, Assistance, and Prevention Program (“HHAP” or “Program”), administered by the California Homeless Coordinating and Financing Council in the Business, Consumer Services and Housing Agency (BCSH); and,

WHEREAS, HHAP provides one-time block grant funds to Continuums of Care, cities with populations of 300,000 or more, and Counties to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges; and,

WHEREAS, the BCSH awarded COUNTY as Administrative Entity for Riverside City and County CoC $4,407,903.41 in HHAP-4 (CoC) funding pursuant to Standard Agreement No. 23-HHAP-10046.

WHEREAS, the COUNTY desires to contract with SUBRECIPIENT for eligible uses of HHAP funds that are consistent with Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code, and all other relevant provisions establish ed under AB 101 (Chapter 159, Statutes of 2019), as amended, which include, but are not limited to, one or more of the following: (1) Rental assistance and rapid rehousing; (2) Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves; (3) Incentives to landlords, including, but not limited to, security deposits and holding fees); (4) Outreach and coordination, which may include access to job programs, to assist vulnerable populations in accessing permanent housing and to promote housing stability in supportive housing; (5) Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system particularly for vulnerable populations including families and homeless youth; (6) Delivery of permanent housing and innovative housing solutions such as hotel and motel conversions; (7) Prevention and shelter diversion to permanent housing; a nd (8) New navigation centers and emergency shelters based on demonstrated need;

NOW THEREFORE, the parties agree as follows:

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

B. “BCSH” means the State of California Business, Consumer Services and Housing Agency.

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

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

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

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

G. “Chronically Homeless” means an individual , or family with a head of household, who is homeless and resides in a place not meant for human habitation, a safe haven, or in an emergency shelter, and has been homeless and residing in such a place continuously for at least 1 year or on at least four separate occasions in the last 3 years , as defined in Section 578.3 of Title 24 of the Code of Federal Regulations (CFR) . The statutory definition also requires that the individual or family has a head of household with a diagnosable substance use disorder, serious mental illness, developmental disability, post-traumatic stress disorder, cognitive impairment resulting from a brain injury, or chronic physical illness or disability.

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

I. “Emergency Shelter” has the same meaning as defined in Health and Safety Code section 50801, subdivision (e).

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

K. “HHAP” or “Program” means the Homeless Housing, Assistance, and Prevention Program established pursuant to Chapter 6 of Part 1 of Division 31 of the Health and Safety Code.

HHAP and Program are used interchangeably in this Agreement.

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

M. “Homeless” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.

N. “Homelessness Prevention” means assistance that includes housing relocation and stabilization services and/or short - and/or medium -term Rental Assistance necessary to prevent an individual or family from moving into an emergency shelter or another place described in paragraph (1) of the Homeless definition in 24 CFR 578.3.

O. “Homeless Youth” means an unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). “Homeless youth” includes unaccompanied youth who are pregnant or parenting.

P. “Housing First” has the same meaning as in Welfare and Institutions Code section 8255, including all of the core components listed therein.

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Q. “Instance(s) of Service” means each encounter with a member of the Target Population where services are provided for each of the eligible grant activities. For example, one individual checks into a warming center operated by provider X on Tuesday. The same individual checks into the same warming center the next night. This counts as two (2) instances of service for this activity.

R. “Navigation Center” means a Housing First, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

S. “Obligate” or “Obligated” means that the SUBRECIPIENT has placed orders, awarded contracts, received services, or entered into similar transactions that require payment from the HHAP funds allocated to SUBRECIPIENT pursuant to this Agreement.

T. “Participants” refers to individuals who receive services funded by this Agreement.

U. “Permanent Housing” means a structure or set of structures with subsidized or unsubsidized rental housing units subject to applicable landlord -tenant law, with no limit on length of stay and no requirement to participate in supportive services as a condition of access to or continued occupancy in the housing. Permanent Housing includes Permanent Supportive Housing. “Rental Assistance or Subsidies” means housing vouchers, rapid -rehousing programs, and eviction prevention strategies.

V. “Permanent Supportive Housing” means Permanent Housing with no limit on the length of stay that is occupied by the target population and that is linked to onsite or offsite services that assist the supportive housing residents in retaining the housing, imp roving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Permanent Supportive Housing includes associated facilities if used to provide services to housing residents.

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

X. “Rental Assistance” means the provision of housing vouchers to provide Homeless ness Prevention, transitional or Permanent Housing to eligible persons.

Y. “RFP” means a Riverside County Request for Proposal.

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

AA. “SUBRECIPIENT” means the City of Murrieta , including its employees, agents, representatives, subcontractors and suppliers. SUBRECIPIENT and the City of Murrieta are used interchangeably in this Agreement.

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BB. “Target Population” means literally homeless individuals as defined in 24 CFR 578.3.

Prioritization will be provided to individuals who are currently residing in emergency shelter referred by the Street Outreach Team(s) who are a part of the “Riverside County CoC’s Pathway to Home” project to ensure turnover of beds to support existing unsheltered populations.

2. DESCRIPTION OF SERVICES
A. SUBRECIPIENT shall provide all services at the prices stated in Schedule A, Payment Provisions, and as outlined and specified in Schedule B, Scope of Services.

B. SUBRECIPIENT represents that it has the skills, experience, and knowledge necessary to perform under this Agreement and the COUNTY relies upon this representation.

SUBRECIPIENT shall perform to the satisfaction of the COUNTY and in conformance to and consistent with the highest standards of firms/professionals in the same discipline in the State of California.

C. SUBRECIPIENT affirms that it is fully apprised of all of the work to be performed under this Agreement and SUBRECIPIENT agrees it can properly perform this work at the prices stated in Schedule A. SUBRECIPIENT is not to perform services or provide products outside of this Agreement.

D. Acceptance by COUNTY of the SUBRECIPIENT’s performance under this Agreement does not operate as a release of SUBRECIPIENT’s responsibility for full compliance with the terms of this Agreement.

3. PERIOD OF PERFORMANCE
This Agreement shall be effective upon signature by both parties (“Effective Date”) and continues in effect through December 31, 2026, unless terminated earlier. SUBRECIPIENT shall commence performance upon the Effective Date and shall diligently and continuously perform thereafter until the end of the period of performance. COUNTY and SUBRECIPIENT agree that all services provided to the Target Population are estimated to be fully performed by December 31, 2026. The estimated end date for full performance of all services provided to the Target Population may be extended to a date no later than May 31, 2027, as needed by the parties with written amendment to Agreement and approval from HWS.

4. COMPENSATION
COUNTY shall pay SUBRECIPIENT for services performed, products provided, and expenses incurred in accordance with the terms of Schedule A, Payment Provisions. COUNTY is not responsible for any fees or costs incurred above or beyond the contracted amount and shall have no obligation to purchase any specified amount of services or products. Unless otherwise specifically stated in Schedule A, COUNTY shall not be responsible for payment of any of SUBRECIPIENT’s expenses related to this Agreement. O ne hundred percent (100%) of H HAP funds allocated to SUBRECIPIENT, pursuant to this Agreement, shall be Expended by December 31, 2026 (Expenditure Deadline). Any HHAP funds paid to SUBRECIPIENT, but not Expended pursuant to this Agreement by December 31, 2026, shall be returned to COUNTY within five (5) business days. In the event this Agreement is terminated prior to May 31, 2027 any funds paid to SUBRECIPIENT, but not Expended prior to the date of termination, shall be returned to COUNTY within five (5) business days of the notice of termination to be returned to BCSH and revert to the General Fund.

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5. FUNDING REQUIREMENTS
A. In signing this Agreement and thereby accepting the HHAP -4 (CoC) funds hereunder, SUBRECIPIENT agrees to comply with all terms and conditions of this Agreement and all applicable conditions set forth in the Standard Agreement No. ’s 23-HHAP-10046 between COUNTY and BCSH, as a subrecipient/subgrantee of COUNTY. The Standard Agreement No.’s 23-HHAP-10046 between COUNTY and BCSH (“Standard Agreement s”) is attached hereto and incorporated herein as Attachment VIII. SUBRECIPIENT also agrees to cooperate with COUNTY and provide necessary information to ensure funding and reporting obligations are met under the Standard Agreements.

B. As a condition of funding, SUBRECIPIENT shall:

1. Perform the work in accordance with federal, state, and local housing and building codes as applicable.

2. Maintain at least the minimum State -required worker’s compensation for those employees who will perform the work or any part of it.

3. Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm, or corporation who may be injured or damaged by COUNTY, SUBRECIPIENT, or any subcontractor, in performing the work or any part of it.

4. Agree to include all the terms of this Agreement, including the applicable Standard Agreement(s) in each subcontract.

6. AVAILABILITY OF FUNDS/NON-APPROPRIATION OF FUNDS
The obligation of COUNTY for payment of 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 BCSH. 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 Agreeme nt shall be deemed terminated having no further force or effect. In the event 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.

7. TERMINATION FOR CONVENIENCE
A. COUNTY or SUBRECIPIENT may terminate this Agreement without cause by giving thirty (30) calendar days written notice to the other party stating the extent and effective date of termination.

B. After receipt of the notice of termination, SUBRECIPIENT shall:
(1) Stop all work under this Agreement on the date specified in the notice of termination, with a mutually agreed transition period to ensure client safety; 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, HWSCoC-0000100

would be required to be furnished to COUNTY , provided that SUBRECIPIENT shall not be required to complete or finalize any such materials, reports, or other products.

C. After termination, COUNTY shall make payment only for SUBRECIPIENT’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.

8. TERMINATION FOR CAUSE
A. Either party may, at any time, terminate this Agreement for cause, if the other party breaches the terms of this Agreement, or SUBRECIPIENT fails to make progress that may endanger performance and does not immediately cure such failure. The party asserting cause for termination (“Terminating Party”) shall provide written notice to the other party specifying the breach or deficiency with sufficient information to allow the receiving party to identify actions necessary to cure such breach. The party receiving the written notice of termination shall have ten (10) calendar days from the receipt of such notice to cure the breach or deficiency to the satisfaction of the Terminating Party (the “Cure Period”). If such party fails to cure the breach or deficiency to the reasonable satisfaction of the Terminating Party within the Cure Period, or if the breach or deficiency was not curable, the Terminating Party shall have the right to terminate the Agreement effective immediately or at such later date as may be spe cified in such notice by the Terminating Party. Cause shall include, but is not limited to:
(1) Failure to comply with the terms or conditions of this Agreement; (2) SUBRECIPIENT’s use of, or permitting the use of HHAP funds provided under this Agreement for any ineligible activities;
(3) SUBRECIPIENT’s failure to comply with the deadlines set forth in this Agreement; (4) violation of any federal or state laws or regulations; or (5) withdrawal of BCSH’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:
(1) Bar the SUBRECIPIENT from applying for future HHAP funds; (2) Revoke any other existing HHAP award(s) to the SUBRECIPIENT; (3) Require the return of any unexpended HHAP funds disbursed under this Agreement within thirty (30) days of County’s notice to SUBRECIPIENT that it is pursuing such remedy; (4) Require repayment of HHAP funds disbursed and Expended under this Agreement within thirty (30) days of County’s notice to SUBRECIPIENT that it is pursuing such remedy; (5) Require the immediate return to COUNTY of all funds derived from the use of HHAP funds including, but not limited to recaptured funds and returned funds within sixty (60) days of County’s notice to SUBRECIPIENT that it is pursuing such remedy; HWSCoC-0000100

(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 HHAP requirements; and,
(7) Seek such other remedies as may be available under this Agreement or any law.

C. After receipt of the notice of termination, SUBRECIPIENT shall:
(1) Stop all work under this Agreement on the date specified in the notice of termination; and (2) Transfer to COUNTY and deliver in the manner directed by COUNTY any materials, reports or other products, which, if the Agreement had been completed or continued, would be required to be furnished to COUNTY , provided that SUBRECIPIENT shall not be required to complete or finalize any such materials, report, or other products.

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.

9. REQUEST FOR WAIVER AND WAIVER OF BREACH
Waiver of any provision of this Agreement must be in writing and signed by the authorized representatives of the parties. Any waiver by COUNTY of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term of this Agreement. Failure on the part of COUNTY to require exact, full, and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms or prevent ing COUNTY from enforcing the terms of this Agreement.

10. 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 dis tribution 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.

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

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

B. SUBRECIPIENT shall not, under 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.

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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.

12. 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 i s 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 co mpliance 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’s performance at any time, upon reasonable notice to the SUBRECIPIENT.

B. SUBRECIPIENT agrees that COUNTY, BCSH, 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, BCSH, or their designees, with any relevant information requested. SUBRECIPIENT agrees to permit COUNTY, BCSH, or their designees, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably ha ve 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), HHAP 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 COUNTY’s request, the SUBRECIPIENT shall provide, at SUBRECIPIENT’s own expense, a financial audit prepared by a certified public accountant. HHAP 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 SUBRECIPIENT 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.

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(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.

13. CONFIDENTIALITY
A. SUBRECIPIENT 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; anticipated material requirements or pricing/purchasing actions; COUNTY information or data which is not subject to public disclosure; COUNTY operational procedures; and knowledg e of selection of contractors, subcontractors or suppliers in advance of official announcement.

B. SUBRECIPIENT shall protect from unauthorized disclosure names and other identifying information concerning persons 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’s 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’s 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 or as authorized in writing in advance by COUNTY.

14. PERSONALLY IDENTIFIABLE INFORMATION
A. Personally Identifiable Information (PII) refers to personally identifiable information that can be used alone or in conjunction with any other reasonably available information, to identify a specific individual. PII includes, but is not limited to, an ind ividual’s name, social security number, driver’s license number, identification number, biometric records, date of birth, place of birth, or mother’s maiden name. The PII may be electronic, paper, verbal, or recorded. PII may be collected performing admini strative functions on behalf of programs, such as determining eligibility for, or enrollment in, and SUBRECIPIENT may collect PII for such purposes, to the extent such activities are authorized by law.

B. SUBRECIPIENT may use or disclose PII only to perform functions, activities, or services directly related to the administration of programs or as required by law. Disclosures which are required by law, such as a court order, or which are made with the explicit written authorization of the client, are allowable. Any other use or disclosure of PII requires the express approval in writing by COUNTY. SUBRECIPIENT shall not duplicate, disseminate or disclose PII except as allowed in this Agreement.

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C. SUBRECIPIENT agrees to the PII Privacy and Security Standards attached hereto and incorporated herein as Attachment II. When applicable, SUBRECIPIENT shall incorporate the relevant provisions of Attachment II into each subcontract or sub-award to subcontractors.

15. 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’s obligation hereunder shall be satisfied when SUBRECIPIENT 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 SUBRECIPIENT’s obligations to indemnify and hold harmless the Indemnitees herein from third party claims.

16. INSURANCE
A. Without limiting or diminishing SUBRECIPIENT’s obligation to indemnify or hold COUNTY harmless, SUBRECIPIENT shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages during the term of this Agreement. As respects to the insurance section only, COUNTY herein refers to the County of Riverside, its agencies, districts, special districts, and departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed of ficials, 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 COUNT Y’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. SUBRECIPIENT’s must declare its insurance self -insured retentions for each coverage required herein. If any such self -insured retentions exceed $500,000 per occurrence each HWSCoC-0000100

such retentions shall have the prior written consent of the COUNTY Risk Manager before the commencement of operations under this Agreement. Upon notification of self -insured retention unacceptable to COUNTY, and at the election of the COUNTY’s Risk Manager , SUBRECIPIENT’s carriers shall either 1) reduce or eliminate such self -insured retention as respects to this Agreement with COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.

D. SUBRECIPIENT shall cause SUBRECIPIENT’s insurance carrier(s) to furnish the COUNTY with either 1) a properly executed original certificate(s) of insurance and certified original copies of endorsements effecting coverage as required herein, and 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 o riginal 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 othe r attachments as required in this section. An individual authorized by the insurance carrier shall sign the original endorsements for each policy and the certificate of insurance.

E. It is understood and agreed to by the parties hereto that SUBRECIPIENT’s insurance shall be construed as primary insurance, and COUNTY's insurance and/or deductibles and/or 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, or the term of this Agreement, includ ing 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 self- insurance 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.

17. WORKERS’ COMPENSATION
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If SUBRECIPIENT has employees as defined by the State of California, SUBRECIPIENT shall maintain statutory Workers’ Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per pers on per accident. The policy shall be endorsed to waive subrogation in favor of the County of Riverside.

18. 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.

19. 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’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 insuran ce contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.

19.1 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, SUBRECIPIENT shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $2,000,000 per occurrence or claim.

20. PROFESSIONAL LIABILITY
If, at any time during the duration of this Agreement and any renewal or extension thereof, the SUBRECIPIENT, its employees, agents or subcontractors provide professional counseling for issues of medical diagnosis, medical treatment, mental health, dispute resolution or any other services for which it is the usual and customary practice to maintain Professional Liability Insurance, the SUBRECIPIENT shall maintain Professional Liability Insurance providing coverage for the SUBRECIPIENT’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 SUBRECIPIENT’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 SUBRECIPIENT shall purchase at its sole expense either 1) an Extended Reporting Endorsement (also known as Tail Coverage); or, 2) Prior Dates Coverage from a new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that SUBRECIPIENT has maintained continuous coverage with the same or original insurer. Coverage provided under items 1), 2), or 3) will continue as long as the law allows.

21. INDEPENDENT CONTRACTOR
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 HWSCoC-0000100

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 mak e any deductions for SUBRECIPIENT’s employees from the compensation payable 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 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.

22. USE BY OTHER 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. It is understood that other entities shall make purchases in thei r own name, make direct payment, and be liable directly to the SUBRECIPIENT; COUNTY shall in no way be responsible to SUBRECIPIENT for other entities’ purchases.

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

24. COMPLIANCE WITH RULES, REGULATIONS, AND DIRECTIVES
SUBRECIPIENT 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 applica ble and/or related to the HHAP program, the COUNTY, its subcontractors, and all eligible activities. SUBRECIPIENT will comply with all applicable COUNTY policies and procedures. In the event that there is a conflict between the various laws or regulation s that may apply, the SUBRECIPIENT shall comply with the more restrictive law or regulation.

SUBRECIPIENT shall 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 activit ies. SUBRECIPIENT 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, an d safety laws, rules, regulations, and ordinances.

SUBRECIPIENT shall provide copies of permits and approvals to the COUNTY and BCSH upon request.

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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 applicable federal, state and/or local requirements, and the COUNTY’s agreement with BCSH.

B. BCSH shall have 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 the COUNTY’s agreement with BCSH.

C. 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. CORE COMPONENTS OF HOUSING FIRST
SUBRECIPIENT shall ensure that any housing -related activities funded with HHAP funds, including, but not limited to, emergency shelter, rapid re -housing, Rental Assistance, and permanent supportive housing must be in compliance or otherwise aligned with the Core Components of Housing First, pursuant to Welfare and Institutions Code Section 8255(b).

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

B. During the performance of this Agreement, SUBRECIPIENT and its subcontractors 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, and denial of medical and family care leave or pregnancy disability leave.

SUBRECIPIENT and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

SUBRECIPIENT and its subcontractors shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and H ousing Act (FEHA) (Gov. Code § 12900 et seq.) , and the applicable regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the provisions of Article

9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135 - 11139.5). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Ag reement by reference and made a part hereof as if set forth in full. SUBRECIPIENT and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

C. In the provision of benefits, SUBRECIPIENT and its subcontractors 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.

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D. By signing this Agreement or accepting funds under this Agreement, SUBRECIPIENT and its subcontractors 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).

28. 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 t he 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 directory in the State Government section under “Employment Deve lopment Department” or access their Internet site at www.edd.ca.gov.

29. 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 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 specifying actions to be taken against employees, contractors, or subcontractor s 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’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.

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(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’S drug-free policy statement; and, b. Will agree to abide by terms of SUBRECIPIENT’S condition of employment or Subcontract.

30. 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 clients. The list shall include:

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

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

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

B. COUNTY has the sole discretion to approve or not approve any person on the SUBRECIPIENT’s list that has been convicted of any crimes involving sex, drugs or violence, or who is known to have a substantiated report of child abuse, as defined in Penal Code Section 11165.12, who occupies positions with supervisory or disciplinary power over minors, or who occupies supervisory or teaching positions over adult clients. COUNTY shall notify SUBRECIPIENT in writing of any person not approved, but to protect client 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 records checks on all individuals providing services under this Agreement. Prior to these individuals providing services to clients, SUBRECIPIENT shall have received criminal background records check from the State of California Department of Justice (DOJ). A signed certification of such criminal background record check and, as appropriate, a signed justification and clearance from Contractor or Designee demonstrating fitness to perform duties shall be retained in each individual’s personnel file. The use of criminal records for the purposes of employment decisions must comply with the Office of Federal Contract Compliance Programs Directive 2013-02 “Complying with Nondiscrimination Provisions : Crimina l Record Restrictions and Discrimination Based on Race and National Origin” and California Government Code § 12952.

31. 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; but this provision shall not require the approval of contracts of employmen t between the SUBRECIPIENT and personnel assigned under this Agreement, or for parties named in the proposal and agreed to under this Agreement.

B. SUBRECIPIENT shall not enter into any Subcontract with any subcontractor who:
(1) Is presently debarred, suspended, proposed for debarment or suspension, or declared ineligible or voluntarily excluded from covered transactions by a federal department or agency;
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(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; and

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

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

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

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

F. In the event that SUBRECIPIENT enters into Subcontracts with subcontractors, as provided herein, SUBRECIPIENT shall Expend one hundred percent (100%) of HHAP funds by the Expenditure Deadline set forth in Section A.5 of Schedule A.

32. SUPPLANTATION
SUBRECIPIENT shall not use HHAP funds under this Agreement to supplant any existing local funds for homeless housing, assistance or prevention. SUBRECIPIENT shall not claim reimbursement from COUNTY for any sums which have been paid by another source of revenue.

SUBRECIPIENT agrees that it will not use funds received pursuant to this Agreement, either directly or indirectly, as a contribution or compensation for purposes of obtaining state funds under any state program or county funds under any county programs without prior approval of COUNTY.

33. ASSIGNMENT
SUBRECIPIENT shall not delegate or assign any interest in this Agreement, whether by operation of law or otherwise, without the prior written consent of COUNTY and a formal amendment to this Agreement to affect such delegation or assignment. Any attempt to delegate or assign any interest herein without the prior written consent of COUNTY shall be deemed void and of no force or effect.

34. 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.

35. 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 HWSCoC-0000100

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 inval id, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

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

B. Prior to the filing of any legal action related to this Agreement, the parties shall be obligated to attend a mediation session in Riverside County before a neutral third-party mediator. A second mediation session shall be required if the first session is not successful. The parties shall share the cost of the mediations.

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

38. CIVIL RIGHTS COMPLIANCE
A. Assurance of Compliance
SUBRECIPIENT shall complete the “Assurance of Compliance with Non -Discrimination in State and Federally Assisted Programs,” attached as Attachment I. 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 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. Client 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 b y SUBRECIPIENT's personnel.

Civil Rights Complaints should be referred to:

HWS HHAP Program Administrator
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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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 Titl e 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 ch anged. 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 clients and staff. Any individual with limited English language capability or other communicative barriers shall have equal access t o 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 accu rately 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 client in both languages.

39. NOTICES
All correspondence and notices required or contemplated by this Agreement shall be delivered to the respective parties at the addresses set forth below and are deemed submitted three (3) business days after their deposit in the United States mail, postage prepaid:

HWS:

For Agreement, Program, Invoices and other financial document issues:

County of Riverside
Department of Housing and Workforce Solutions
3403 10th Street, Suite 300
Riverside CA, 92501

SUBRECIPIENT:

City of Murrieta
1 Town Square
Murrieta, CA 92562

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40. 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.

41. ELECTRONIC SIGNATURES
This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures t hat meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.

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

43. ENTIRE AGREEMENT
This Agreement, including any schedules, attachments, or exhibits, constitutes the entire agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, representations, proposals, discussions, and comm unications, whether oral or in writing.

[SIGNATURES ON THE NEXT PAGE]

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IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement.

Authorized Signature for SUBRECIPIENT:

Authorized Signature for COUNTY:

Printed Name of Person Signing:

Justin Clifton
Printed Name of Person Signing:

Heidi Marshall
Title:

City Manager
Title:

Director
Housing and Workforce Solutions

Date Signed: Date Signed:

Approval as to Form
County Counsel

By: ____________________

Deputy County Counsel

Date: __________________
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Schedule A
Payment Provisions

A.1 MAXIMUM REIMBURSABLE AMOUNT
SUBRECIPIENT shall be reimbursed by COUNTY, in an amount not to exceed $144,000. Said funds shall be spent according to the line item budget below:

HHAP-4 (CoC) Rental Assistance & Rapid Rehousing

BUDGET CATEGORY DESCRIPTION OF SERVICES COST
Direct Service Staff
Salaries/benefit costs for employees
providing services to clients including but
not limited to staff providing programs, case
management, leadership, operational, data
entry, and reporting activities
$20,000
Operational and Supportive
Services
Costs of operating facilities and providing
supportive services, including rental
assistance, security deposit, utilities and
landlord incentives to clients
$116,800
Administrative Costs
(Limited to 5% of total budget)
Administrative items including, but not
limited to financial audits, liability insurance,
and, administrative staffing costs such as
executive leadership, finance, billing and
human resources
$7,200
TOTAL $144,000

The table above may be changed (without changing the Total amount) with written approval from HWS.

A.2 METHOD, TIME, AND CONDITIONS OF PAYMENT
a. SUBRECIPIENT will be paid the actual amount of each approved monthly invoice. COUNTY may delay payment if the required supporting documentation, as set forth in Attachment V, attached hereto and incorporated herein by this reference, is not provided or other requirements are not met. SUBRECIPIENT shall also submit the following documents with each approved monthly invoice:
1) Subrecipient Payment Request FORM 2076A (Attachment IV) 2) Monthly Performance Report (Attachment I)
3) HHAP Time/Activity Report (Attachment VII)

b. SUBRECIPIENT shall submit the Monthly Performance Report (Attachment I) which provides a detailed summary that tracks progress and outcomes related to program goals and objectives. It measures key performance indicators, including the number of individuals served, services provided, milestones achieved, and any challenges encountered. This report ensures accountability, monitors program effectiveness, and identifies areas for improvement.

The report is due on the 10th day of each month to maintain timely and accurate reporting.

c. 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 HWSCoC-0000100

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).

d. Except as otherwise set forth in Section A.5 of Schedule A, all completed claims must be submitted on a monthly basis no later than thirty (30) days after the end of each month in which the services were provided. Each payment claiming period shall consist of a calendar month. All complete claims submitted in a time ly manner shall be processed within forty-five (45) calendar days.

A.3 INELIGIBLE COSTS
HHAP-4 funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses as identified in Health and Safety Code section 50216 et seq. including, but not limited to, sections 50218.6 and 50220.7.

The 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. COUNTY has the authority to withhold funds under this Agreement pending a final determination by COUNTY of questioned expenditures or indebtedness. If the SUBRECIPIENT or its funded subcontractors use HHAP funds to pay for ineligible activities, the SUBRECIPIENT shall be required to reimburse these funds to the COUNTY. Upon final determination by COUNTY of disallowed expenditures or indebtedness, COUNTY 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 COUNTY by the SUBRECIPIENT.

2. Expenditures for activities not described above shall be deemed authorized if the activities are consistent with Health and Safety Code sections 50216 et seq., and such activities are approved in writing by COUNTY 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 HHAP funds.

A.4 ADMINISTRATIVE COSTS
Under this agreement, t he SUBRECIPIENT may use no more than five percent (5%) of the awarded amount for administrative costs. COUNTY and/or BCSH shall make the final determination regarding the classification of expenditures as administrative costs or direct activity costs.

A.5 EXPENDITURE OF FUNDS
SUBRECIPIENT shall Expend one hundred percent (100%) of all funds under this Agreement by December 31, 2026 (“Expenditure Deadline ”). Unless approved by HWS in writing, all final requests for reimbursement of authorized HHAP expenditures under this Agreement must be submitted to HWS no later than 60 calendar days after the Expenditure Deadline.

HWSCoC-0000100

A.6 ADVANCES
COUNTY may issue a one-time advance payment to SUBRECIPIENT in an amount not to exceed twenty-five percent (25%) of the maximum reimbursable amount upon written request by the SUBRECIPIENT. Such written request must be submitted on SUBRECIPIENT letterhead and SUBRECIPIENT shall also complete the Subrecipient Payment Request Form 2076A (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. SUBRECIPIENT shall place the advance in an interest -bearing account.

HWS reserves the right, in its sole discretion, to approve or deny an advance request based on funding availability.

A.7 INTEREST-BEARING ACCOUNTS
All proceeds from any interest-bearing account established by the SUBRECIPIENT for the deposit of HHAP funds, along with any interest-bearing accounts opened by the SUBRECIPIENT for the deposit of HHAP funds, must be used for HHAP-eligible activities and reported on as required by BCSH and COUNTY. Consistent with Health and Safety Code Section 50218.6 (e), at least ten percent (10%) of these proceeds from HHAP-4 funds must be allocated and returned to COUNTY to establish or expand services for Homeless Youth.

A.8 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’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.9 WITHHELD PAYMENTS
Payments to SUBRECIPIENT may be withheld by COUNTY if SUBRECIPIENT fails to comply with the provisions of this Agreement.

A.10 REPROGRAMMING OF HHAP FUNDS
BCSH allows for the COUNTY 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, and with the approval of BCSH, reserves the right to reprogram funds as needed HWSCoC-0000100

after awards are announced to ensure funding spending goals and HHAP Program compliance under Health and Safety Code Section 50216 et seq.

During the course of the grant period, COUNTY will review SUBRECIPIENT’s spending to determine the projected amount to be spent/unspent by the Expenditure Deadline . If the spending trend falls below the projected spending, COUNTY may elect to recoup projected unused funds and reprogram such funds to provide funding in areas with higher need.

A.11 FISCAL ACCOUNTABILITY

a. SUBRECIPIENT agrees to manage funds received through COUNTY in accordance with sound accounting policies and incur and claim only eligible costs for reimbursement. 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.12 SPENDING MILESTONES

% Spent Milestone Date
25% May 31, 2025
100% December 31, 2026
HWSCoC-0000100

Schedule B
Scope of Services
B.1 APPLICATION
A. SUBRECIPIENT has submitted to COUNTY an application in response to RFP COARC-0026 for HHAP funds (“Application”) to provide critical assistance to individuals experiencing homelessness. COUNTY is entering into this Agreement based on, and in substantial reliance upon , SUBRECIPIENT’s facts, information, assertions and representations contained in that Application, and in any subsequent modifications or additions thereto approved by COUNTY.

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

C. SUBRECIPIENT shall work with the Target Population, which includes literally homeless individuals as defined by 24 CFR 578.3. Prioritization will be provided to individuals who are currently residing in an emergency shelter to ensure referred by the Street Outreach and Emergency Shelter Team(s) who are a part of the Riverside County CoC’s Pathway to Home project.

D. SUBRECIPIENT shall adhere to the Housing First Model to establish short-term or medium- term rental assistance and meet all State requirements specified in Health and Safety Code sections 50218.6(f) and 50219(c)(1-8).

B.2 SERVICE AREA
SUBRECIPIENT shall primarily provide services in Supervisorial District 3 of the County of Riverside including the surrounding unincorporated areas.

B.3 SCOPE OF SERVICES
A. Project Description
Pathway to Home – Rental Assistance & Rapid Rehousing

With the awarded HHAP funding, SUBRECIPIENT will provide or perform the following duties:

1. Operate a rental assistance and rapid rehousing program to provide rental assistance and/or supportive services to unsheltered individuals identified by street outreach teams and/or shelter providers participating in Riverside County’s Pathways to Home project.

2. Work with Street Outreach Teams and Emergency Shelters participating in the Pathway to Home project to develop a service transition plan. The service transition plan should detail the coordination of service delivery and ensure warm handoffs.

Assist with t argeted outreach/resource events to assist individuals with completing HWSCoC-0000100

intake forms, housing assessment tools, rental agreements, and other housing related applications.

3. Assist individuals and families in quickly regaining stability in permanent housing after experiencing a housing crisis or homelessness.

4. Establish and ensure a direct connection with existing rapid rehousing teams to promote coordination across all teams and ensure services are planned, strategic, and organized.

5. Adhere to the Housing First Model to establish short -term or medium -term rental assistance and meet all State requirements specified in Health and Safety Code (HSC) § 50219(c)(1-8).

6. Complete an Individualized Intake and Housing Assessment for each household served to collect information to identify and address barriers to housing stability. The Housing Plan will be utilized to facilitate the provision of housing stabilization services and financial assistance. Services include but not limited to:
a. Rental application fees
b. Security deposits (not to exceed 2 months) and holding fees c. Standard utility deposits
d. Landlord Incentives
e. Housing search and placement
f. Housing Stability
g. Tenant-based rental assistance (not to exceed 24 months) h. Utility assistance (not to exceed 24 months)
i. Food assistance

7. Provide wraparound case management services not to exceed a 1:15 ratio to allow for optimal level of supports to successfully place and stabilize households in permanent housing. The case manager will:
a. Meet with the individual at least three times per month for the first three months, then at a minimum once per month for a total of 12 months. b. Develop an Individualized Housing Plan (IHP) with the household and utilize information from the intake assessment to ensure appropriate housing placement.
c. Begin on day one and continue providing support through aftercare and follow- up services to ensure that employment and individual strengths are maintained over the long term.
d. Reevaluate individuals, at a minimum of once quarterly, to ensure that individual has sufficient resources and support networks in place to retain housing and to determine the appropriate type and level of assistance that the individual needs to retain housing.

8. Provide housing stability services to individuals and families to ensure they transition to self- sufficiency. This includes arrangement, monitoring, and delivery of services related to the housing needs and stability of individuals.

HWSCoC-0000100

B. Project Detail

Project Component Type: Service
Funding Costs for: Rental Assistance & Rapid Re-Housing Population Focus: Homeless and Individuals At-Risk of
Homelessness Households

C. Performance Measurements Outcome Statement

Outcomes (Data Analysis)
SUBRECIPIENT shall collect and report anticipated performance measures for meeting the following benchmarks with the ## of new beds (in addition to those met with the exiting beds):

B.4 HOMELESS MANAGEMENT INFORMATION SYSTEM
A. SUBRECIPIENT agrees to participate in the Homeless Management Information System (HMIS).

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

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

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

4. SUBRECIPIENT must maintain a valid HMIS End User Agreement on file with COUNTY, a copy of which is attached hereto and incorporated herein as Attachment VI, and is also located on the following website:
https://rivcohws.org/sites/g/files/aldnop131/files/cocdocumnets/HMIS/County%20of%20 Riverside%20CoC%20HMIS%20Participating%20Agency%20Agreement%20%20Revi sed%209-10-2020%20(1).pdf
Outcome Performance Measures Total
# of persons/households served Minimum 8 Persons/Households # of persons/households to achieve housing stability Minimum 6 Persons/Households Percentage of persons exiting back into homelessness No more than 20% Percentage of eligible/willing persons served to retain or obtain mainstream benefits 80%
Percentage of eligible and willing person to maintain or increase income/employment 80%
HWSCoC-0000100

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

6. SUBRECIPIENT agrees to submit reports, as requested by County in order for County to comply with its reporting requirements.

B.5 COORDINATED ENTRY SYSTEM

1. Participation is defined by CES training attendance, complying with Riverside County CES Policies and Procedures, data collection, valid user agreements, and entering required client data on a regular and timely basis. The Riverside County CES Policies and Procedures may be located on the following website:
https://drive.google.com/file/d/1L4tSjOq6j7VtD_XFtA89-uuJfKyhcblI/view?usp=sharing

2. SUBRECIPIENT shall work with the CES Lead Agency to ensure that screening, assessment and referral of program participants are consistent with the Riverside County CES Policies and Procedures.

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 into 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.

7. SUBRECIPIENT agrees to participate in and accept referrals from the Continuum of Care’s Coordinated Entry System (CES). Eligible participants for the Pathways to Home project are identified through street outreach and shelter services, and will be referred to housing providers through the Coordinated Entry System.

B.6 REPORTING REQUIREMENTS

A. SUBRECIPIENT shall follow all HMIS requirements to ensure that complete and accurate data are in HMIS on an ongoing basis unless exempted for special population such as victims of domestic violence and, upon request from HWS CoC staff, submit information o n 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.

HWSCoC-0000100

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 ongo ing basis and available at all times during the contract term and record retention period.

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

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

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

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

5. Number of Instances of Service.

6. Increases in capacity for new and existing programs.

7. The number of unsheltered homeless individuals becoming sheltered.

8. The number of homeless persons entering permanent housing.

C. Breakdowns will be expected for each activity (i.e. services, capital improvements, Rental Assistance, etc.) and program type (i.e. Emergency Shelter, rapid re-housing, outreach, etc.) for the supplemental reporting requirements listed above, when applicab le. 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 HHAP funding priorities and “Housing First” principles adopted by the Homeless Coordinating and Financing Council.

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

HWSCoC-0000100

ATTACHMENT I

MONTHLY PERFORMANCE REPORT

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

Project Name:

Contact Person: Position:

Email: Phone Number:

Project Start Date: Project End Date:

Total Award Amount:

Part 1: Program Performance
(Please attach support documentation such as data/reports from HMIS or comparable database for DV projects) Measures per Contract Contract Total Accumulated Actual Actual % of Goal # of Units / Households served Minimum 60 %
# of Beds / Persons served Minimum 80 %
% Persons achieved housing stability Minimum 90% %
% Persons exited back into homelessness Maximum 10% %
Mainstream benefit attainment Minimum 80% %
Increase in income/employment Minimum 30% %

Part 2: Fiscal Performance
Budget Categories Contract Total Accumulated Actual Actual % of Goal Leasing $ $ %
Rental Assistance $ $ %
Supportive Services $ $ %
Operating Costs $ $ %
HMIS $ $ %
Administrative Costs (Subrecipient) $ $ %
Subrecipient Total $ $ %

Part 3: Challenges:
•

Part 4: Request for Training / Technical Assistance
•

Part 5: Comments / Remarks
•

HWSCoC-0000100

ATTACHMENT II
Privacy and Security Standards

I. PHYSICAL SECURITY
The Contractor shall ensure Pll is used and stored in an area that is physically safe from access by unauthorized persons at all times. The Contractor agrees to safeguard Pll from loss, theft, or inadvertent disclosure and, therefore, agrees to:

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

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

1. Properly coded key cards

2. Authorized door keys

3. Official identification

C. Issue identification badges to Contractor staff.

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

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

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

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

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

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

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

B. Server Security. Servers containing unencrypted PII must have sufficient administrative, physical, and technical controls in place to protect that data, based upon a risk HWSCoC-0000100

assessment/system security review. It is recommended to follow the guidelines documented in the latest revision of the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53, Security and Privacy Controls for Federal Information Systems and Organizations.

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

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

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

F. Patch Management.

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

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

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

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

G. User IDs and Password Controls.

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

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

3. Passwords are not to be shared.

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

5. Passwords must be a non-dictionary word.

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

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

8. Passwords must be changed if revealed or compromised.

9. Passwords must be composed of characters from at least three (3) of the following four (4) groups from the standard keyboard:
a. Upper case letters (A-Z)
b. Lower case letters (a-z)
c. Arabic numerals (0-9)
d. Special characters (!,@,#, etc.)

H. Data Destruction. When no longer needed, all PII must be cleared, purged, or destroyed consistent with NIST SP 800-88, Guidelines for Media Sanitization, such that the PII cannot HWSCoC-0000100

be retrieved.

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

J. Warning Banners. The systems providing access to PII must display a warning banner stating, at a minimum:

1. Data is confidential;

2. Systems are logged;

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

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

K. System Logging.

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

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

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

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

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

M. Transmission Encryption.

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

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

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

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

III. AUDIT CONTROLS
A. System Security Review.

1. The Contractor must ensure audit control mechanisms are in place.

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

3. Reviews should include vulnerability scanning tools.

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

HWSCoC-0000100

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

IV. BUSINESS CONTINUITY / DISASTER RECOVERY CONTROLS
A. Emergency Mode Operation Plan. The Contractor must establish a documented plan to enable continuation of critical business processes and protection of the security of PII kept in an electronic format in the event of an emergency. Emergency means any cir cumstance or situation that causes normal computer operations to become unavailable for use in performing the work required under this Agreement for more than twenty-four (24) hours.

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

C. Data Backup and Recovery Plan.

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

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

3. The procedures shall include storing backups offsite.

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

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

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

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

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

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

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

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

HWSCoC-0000100

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

G. Faxing.

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

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

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

H. Mailing.

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

2. Mailings that include five hundred (500) or more individually identifiable records containing PII in a single package shall be sent using a tracked mailing method that includes verification of delivery and receipt, unless the Contractor obtains prior written permission from the County to use another method.

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

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

Breaches should be referred to:

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

HWSCoC-0000100

ATTACHMENT III
Assurance of Compliance

ASSURANCE OF COMPLIANCE WITH THE RIVERSIDE COUNTY

HOUSING AND WORKFORCE SOLUTIONS DEPARTMENT

NONDISCRIMINATION IN STATE AND FEDERALLY ASSISTED PROGRAMS City of Murrieta

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 €, (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 31€(e); the Dymally -Alatorre Bilingual Services Act (California Government Code Section 7290 -7299.8); Section 1808 of the Removal of Barriers to Interethnic Adoption Act of 1996; the Fair Employment and Housing Act (Government Code section 12990 (a -f) et seq.) and the applicable regulations promulgated thereunder (California Code Regulations, Title 2, section 7285 et seq.; the Fair Employment and Housing Commission regulations implementing Government Code section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations; and other applicable federal and state laws, as well as their implementing regulations [including 45 Code of Federal Regulations (CFR) Parts 80, 84, and 91, 7 CFR Part 15, and 28 CFR Part 42], by ensuring that employment practices and the administration of public assistance and social services programs are nondiscriminatory, to the effect that no person shall because of ethnic group iden tification, age (over 40), sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, pregnancy, disability (mental or physical including HIV and AIDS), medical condition (cancer/genetic characteristics), national origin ( including language use restrictions), marital status, military and veteran status, religion, religious creed or political belief be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state financial assistance; and HEREBY GIVE ASSURANCE THAT it will immediately take any measures necessary to effectuate this Agreement.

THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state assistance; and THE VENDOR/RECIPIENT HEREBY GIVES ASSURANCE THAT administrative methods/ procedures which have the effect of subjecting individuals t o discrimination or defeating the objectives of the California Homeless Coordinating and Financing Council in the Business, Consumer Services and Housing Agency (BCSH), 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, BCSH 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 Subrecipient’s Authorized Signature

1 Town Square
Murrieta, CA 92562
_______________________________
Address of Vendor/Recipient
(08/13/01) CR50-Vendor Assurance of Compliance

HWSCoC-0000100

ATTACHMENT IV
Subrecipient Payment Request Form 2076A

HWSCoC-0000100

ATTACHMENT V
HHAP Supporting Documentation Instructions

SUPPORTING DOCUMENTATION REQUIREMENTS

GENERAL GUIDELINES
❖ Claims must be submitted in an organized format.
❖ All required summary worksheets and backup documentation must be included, must match the amounts requested, and must be clear and legible. ❖ Do not include irrelevant documentation that is not from costs being claimed.

For example, large phone bills should include only the relevant pages to document costs being claimed.
❖ Any claims difficult to review due to organization or backup documentation issues will be rejected.
❖ All claims must be in accordance with the terms and conditions of your contract.

FISCAL YEAR-END (JUNE 30)
❖ The County’s fiscal-year end is June 30 of each calendar year. The County’s ACO (Auditor-Controller’s Office) has an early cutoff to process invoices at year- end. To be processed and paid in the month of June, all claims must be received by June 6.

*If June 6 falls on a weekend, the deadline is the prior Friday (June 4 or 5). ❖ Claims received after June 6 will still be paid. However, payment will be delayed until after June 30.
❖ Claims at year-end must still follow the same general guidelines. *Estimates are not allowed unless specifically authorized by our fiscal team.

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

FORMS / SUMMARY WORKSHEETS – Required with each claim.

Spreadsheets must be provided in Excel format.

❖ SIGNED/DATED Payment Request Form (current version of Form 3106 or Form 2076A, depending on the grant)
❖ Staffing Detail Worksheet
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❖ Rental Assistance Summary Worksheet, if applicable
❖ Summary Worksheet for other expenses

LEASING / RENTAL ASSISTANCE – Required at time of client move-in and with any changes or (if applicable) annual recertification. ❖ Lease agreement
❖ Rent reasonableness, if required by the grant
❖ Rent calculation, if required by the grant
LEASING / RENTAL ASSISTANCE – Required with each claim. ❖ Invoice or documentation of rent amount and due date
❖ Proof of payment (cancelled check or check stub)

STAFF / PAYROLL – Required with each claim.
❖ Time and Activity Report – Submit a separate time and activity report for each pay period with only the days from that pay period (not the entire month unless the employee is paid monthly).
❖ Include Pay Stub or Payroll Report
❖ All documentation must match with employee timesheet/timecard. *timesheet/timecard is not a substitute for the time and activity report

STAFF – INSURANCE (Workers Comp, Health/Dental, etc.) – Required if reimbursement or match is being requested for insurance. ❖ Copy of the policy with rate by employee – Required with first claim and with any changes.
❖ Invoice and proof of payment (cancelled check or check stub)

OTHER EXPENSES
❖ Invoice/receipt including date and explanation of expense explanation of 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)

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ATTACHMENT VI
HMIS Participating Agency Agreement

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ATTACHMENT VII
HHAP Time/Activity Report

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ATTACHMENT VIII
Standard Agreement No. 23-HHAP-10046
Standard Agreement No.

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