SUBRECIPIENT AGREEMENT FOR THE HOMELESS, HOUSING,
ASSISTANCE, AND PREVENTION PROGRAM (HHAP) ROUND 2
PATH OF LIFE MINISTRIES
Emergency Shelter Care Management and Operations
THIS AGREEMENT is made and entered into this
("Effective Date"), by and between the CITY OF RIVERSIDE, a California charter city and municipal corporation ("CITY") and PATH OF LIFE MINISTRIES, a California non-profit corporation ("SUBRECIPENT").
RECITALS
A. 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), the State of California has established the Homeless Housing, Assistance, and Prevention Program (HHAP), administered by the California Homeless Coordinating and Financing Council in the Business, Consumer Services and Housing Agency (BCSH).
B. HHAP-2 provides one-time block grant funds to the thirteen largest cities in the State with populations greater than 300,000 (as of January 1, 2019) to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges.
On May 3, 2022 CITY entered into Standard Agreement Number 22-HHAP- 10075 with the State of California to receive One Million Six Hundred Fifty-Seven Thousand Six Hundred Fifty-Seven Dollars and Sixty-Four Cents ($1,686,657.64) in funds from HHAP-2.
D. CITY desires to contract with SUBRECIPIENT for eligible uses of HHAP-2 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 established under AB 83 (Chapter 15, Statutes of 2020) and AB 140 (Health & Safety Code Section 50218.6), which include, but are not limited to, one or more of the following: (1) Rental Assistance and Rapid Rehousing; (2) Operating Subsidies; (3) Landlord Incentives; (4) Outreach Services; (5) Systems Support; (6) Permanent Housing and Innovative Housing Solutions; (7) Homeless Prevention; and (8) New Navigation Centers and Emergency Shelters based on Demonstrated Need NOW THEREFORE, in consideration of the mutual covenants set forth herein, and the mutual benefits to be derived therefrom, CITY and SUBRECIPIENT agree as follows:
1. DEFINITIONS.
A. "BCSH" means the State of California Business, Consumer Services and Housing Agency.
B. "Demonstrated Need" means the need for new Navigation Centers and Emergency Shelters, based on the number of available Emergency Shelter beds in the City of Riverside, the Emergency Shelter vacancy rate in the summer and winter months, the percentage of exists from Emergency Shelters to permanent housing solutions, and a plan to connect residents to permanent housing.
C. "Emergency Shelter" has the same meaning as defined in Health and Safety Code section 50801, subdivision (e).
D. "Expend" or "Expended" means all HHAP-2 funds Obligated under this Agreement have been fully paid and receipted, and no invoices remain outstanding.
E. "HHAP-2" means the Homeless Housing Assistance and Prevention program Round 2 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.
F. "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as amended.
G. "Homeless Management Information System" means the information system designated by a continuum of care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term "Homeless Management Information System" also includes the use of a comparable database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations.
H. "Homeless Prevention" means homeless prevention services and shelter diversion programs aimed at moving Homeless to permanent housing.
I. "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.
J. "Housing First" has the same meaning as in Welfare and Institutions Code section 8255, including all of the core components listed therein.
K. "Landlord Incentives" means security deposits, holding fees, and similar incentives provided to landlords for housing Homeless individuals.
L. "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. 2 M. "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-2 funds allocated to SUBRECIPIENT pursuant to this Agreement. affordable or support peraisin ubis on mency subters a delavied to enter and existing ) "Outreach Services
tomeless populations in a Series manen bursan and coordination esvices to as it supportive housing, such as access to job programs.
P. "Permanent Housing and Innovative Housing Solutions" means the delivery of permanent housing and innovative housing solutions, such as hotel and motel conversions. l. "Rental Assistance or Rapid Rehousing" means housing vouchers, rapid- rehousing programs, and eviction prevention strategies. "Subcontract" refers to any contract, purchase order, or other purchase agreement, including modifications and change orders to the foregoing, entered into by the SUBRECIPIENT with a subcontractor to furnish supplies, materials, equipment, and services for the performance of any of the terms and conditions contained in this Agreement.
S. "SUBRECIPIENT" means Path of Life Ministries, including its employees, agents, representatives, subcontractors and suppliers. SUBRECIPIENT and Path of Life Ministries are used interchangeably in this Agreement.
regional partnerships ate Suain a meles seem s and ho ising iviery system articulate for vulnerable populations, including families and homeless youth.
U. "Target Population" means any person who is Homeless as defined in this Agreement.
SCOPE OF SERVICES. SUBRECIPIENT shall provide services under Project Connect ("Program"), as more particularly described in Exhibit "A" ("Services"), attached hereto and incorporated by reference, and in accordance with this Agreement and the budget attached TERM. The term of the Agreement shall begin on January 1, 2023 and shall remain in effect until December 31, 2023, unless terminated earlier pursuant to the provisions herein. Parties agree that all services provided to the Target Population shall be provided through December 31, 2023.
4. GRANT FUNDS. CITY shall allocate to SUBRECIPIENT a grant amount not to exceed Eight Hundred Seventy-Six Thousand Dollars ($876,000.00) ("Grant Funds"). One hundred percent (100%) of HHAP-2 funds allocated to SUBRECIPIENT, pursuant to this 3 Agreement, shall be Expended by December 31, 2023. Any HHAP-2 funds paid to SUBRECIPIENT, but not Expended pursuant to this Agreement by December 31, 2023 shall be returned to CIlY. In the event this Agreement is terminated prior to December 31, any funds paid to SUBRECIPIENT, but not Expended prior to the date of termination, shall be returned to CITY within five (5) business days of the notice of termination.
The following payment provisions apply to the Grant Funds:
A. Method and Conditions of Payment. SUBRECIPIENT will be paid the actual amount of each approved monthly invoice. CITY may delay payment if the required supporting documentation is not provided or other requirements are not met. 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, unless otherwise waived by CITY. All complete claims submitted in a timely manner shall be processed within forty-five (45) calendar days. Notwithstanding the foregoing, CITY may issue an advance payment to SUBRECIPIENT upon CITY's approval of a written advance request from SUBRECIPIENT.
B. Ineligible Costs. HHAP-2 funds shall not be used for costs associated with any 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 50219.
C. Reservation of Rights. CITY 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. CITY has the authority to withhold funds under this Agreement pending a final determination by CITY 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 CITY.
Upon final determination by CITY of disallowed expenditures or indebtedness, CITY may deduct and retain the amount of the disallowed or indebtedness from the amount of the withheld funds.
D. Expenditure of Funds. SUBRECIPIENT shall Obligate one hundred percent (100%) of HHAP-2 funds by December 31, 2023. Any HHAP-2 funds paid to SUBRECIPIENT, but not Obligated pursuant to this Agreement by December 31, 2023 shall be returned to CITY within five (5) business days. Any Obligated funds shall be Expended by SUBRECIPIENT by December 31, 2023.
E. Budget Amendments. SUBRECIPIENT shall make no changes to the Budget without first obtaining written approval from CITY and BCSH. Any budget amendments must be requested by the SUBRECIPIENT in writing.
F. Withheld Payments. Payments to SUBRECIPIENT may be withheld by CITY if SUBRECIPIENT fails to comply with the provisions of this Agreement.
G. Fiscal Accountability. SUBRECIPIENT agrees to manage funds received through CITY in accordance with sound accounting policies and incur and claim only eligible costs for reimbursement. SUBRECIPIENT must establish and maintain on a current basis at accrual accounting system in accordance with generally accepted accounting principles and standards.
5. NON-APPROPRIATION OF FUNDS. The obligation of CITY 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 CITY by BCSH. There shall be no legal liability for payment on the part of CITY unless funds are made available for such payment by BCSH. In the event such funds are not forthcoming for any reason, CITY shall immediately notify SUBRECIPIENT in writing and this Agreement shall be deemed terminated having no further force or effect. In the event funding is reduced, CITY shall immediately notify SUBRECIPIENT in writing and it is mutually agreed that CITY has the option to immediately terminate this Agreement or to amend this Agreement to reflect the reduction of funds. CITY shall make all payments to SUBRECIPIENT that were properly earned prior to the unavailability or reduction of funding.
TERMINATION WITHOUT CAUSE. CITY may terminate this Agreement without cause by giving thirty (30) days written notice served on SUBRECIPIENT stating the extent and effective date of termination.
7. TERMINATION FOR CAUSE.
A. CllY may, at any time, upon five (5) days written notice, terminate this Agreement for cause, if SUBRECIPIENT refuses or fails to comply with the terms of this Agreement, or fails to make progress that may endanger performance and does not immediately cure such failure. Cause shall include, but is not limited to:
(1) SUBRECIPIENT's failure to comply with the terms or conditions of this Agreement;
(2) Use of, or permitting the use of HHAP-2 funds provided under this Agreement for any ineligible activities;
(3) Any failure to comply with the deadlines set forth in this Agreement; (4) Violation of any federal or state laws or regulations; or (5) Withdrawal of BCSH's expenditure authority.
B. In addition to the other remedies that may be available to CITY in law or equity for breach of this Agreement, CITY may:
(1) Bar the SUBRECIPIENT from applying for future HHAP funds; (2) Revoke any other existing HHAP-2award(s) to the SUBRECIPIENT; (3) Require the return of any unexpended HHAP-2 funds disbursed under this Agreement;
5 (4) Require repayment of HHAP-2 funds disbursed and Expended under this Agreement;
(5) Require the immediate return to CITY of all funds derived from the use of HHAP-2 funds including, but not limited to recaptured funds and returned funds;
(6) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the technical assistance in accordance with HHAP-2 requirements; and
(7) Seek such other remedies as may be available under this Agreement or any law.
C. The rights and remedies of CITY provided in this section shall be cumulative and not exclusive and are in addition to any other rights or remedies provided by law or this Agreement.
CONDUCT OF SUBRECIPIENT; CONFLICT OF INTEREST.
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 CITY of all SUBRECIPIENT's interest, if any, which are or may be perceived as incompatible with CITY's interests. 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.
REPORTING REQUIREMENTS, SUBRECIPIENT shall submit a quarterly report to CITY on forms provided by CITY. SUBRECIPIENT shall also submit additional reports that may be requested by CITY and/or BCSH.
A. Quarterly Reports. The quarterly report shall contain a detailed report containing the following:
(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 rogram funds in that year, and a total number served in all years of th rogram, as well as the Homeless population served
6 (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) Amounts awarded to subcontractors with activity(ies) identified. (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.
B. Breakdowns. Breakdowns will be expected for each eligible use and program type for the supplemental reporting requirements when required by CITY, when applicable. The same information will also be requested specifically for the following subpopulations, based on priorities identified by the U.S. Department of Housing and Urban Development (HUD): (1) Chronically Homeless, (2) Homeless veterans, (3) Unaccompanied Homeless Youth, and (4) Homeless persons in families with children. SUBRECIPIENT will also be asked to comment on progress made toward local homelessness goals, including demonstration of regional coordination.
10. RECORDS, INSPECTION, 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 CITY or any other regulatory agencies at all times. This may include, but is not limited to, monitoring or inspecting SUBRECIPIENT performance through any combination of on-site visits, inspections, evaluations, and SUBRECIPIENT self-monitoring. SUBRECIPIENT shall cooperate with any inspector or CITY representative reviewing compliance with this Agreement and permit access to all necessary locations, equipment, materials, or other requested items. SUBRECIPIENT shall establish sufficient procedures to self-monitor the quality of services/products under this Agreement and shall permit CITY or other inspector to assess and evaluate SUBRECIPIENT's performance at any time, upon reasonable notice to the SUBRECIPIENT.
B. SUBRECIPIENT agrees that CITY, 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 CITY, BCSH, or their designees, with any relevant information requested. SUBRECIPIENT agrees to permit CITY, BCSH, or their designees, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with Chapter 15 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety 7 Code, and all other relevant provisions established under AB 83 (Health and Safety Code Section 50218.6)), HHAP-2 guidance documents 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. CITY reserves the right to perform or cause to be performed a financial audit.
At CITY's request, the SUBRECIPIENT shall provide, at SUBRECIPIENT's own expense, a financial audit prepared by a certified public accountant. HHAP-2 administrative funds may be used to fund this expense.
(1) If a financial audit is required by CITY, the audit shall be performed by an independent certified public accountant.
(2) The SUBRECIPIENT shall notify CITY of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by CITY to the independent auditor's working papers.
(3) The SUBRECIPIENT is responsible for the completion of audits and all costs of preparing audit.
(4) It there are audit findings, the SUBRECIPIENT must submit a detailed response acceptable to CITY for each finding within ninety (90) days from the date of the audit finding report.
11. 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; CITY information or data which is not subiect to public disclosure; CITY operational procedures; and knowledge 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 (WIC) 10850.
8 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 CITY all third-party requests for disclosure of confidential information. SUBRECIPIENT shall not disclose such information to anyone other than CITY except when disclosure is specifically permitted by this Agreement or as authorized in writing in advance by CITY.
E. SUBRECIPIENT or its employees shall not offer gifts, gratuity, favors, and entertainment directly or indirectly to CITY employees.
F. 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 INDEMNITY. Except as to the sole negligence or willful misconduct of CITY, SUBRECIPIENT shall defend, indemnify, and hold CITY, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys' fees, which arises out of or is in any way connected with the Program or the performance of the Services under this Agreement by SUBRECIPIENT or any of its employees, agents or subcontractors, and from all claims by SUBRECIPIENT's employees, subcontractors and agents for compensation for services rendered to Subrecipient in the performance of this Agreement, notwithstanding that CITY may have benefitted from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Subrecipient or of Subrecipient's employees, subcontractors or agents. SUBRECIPIENT understands and agrees that it shall defend CITY from any claim even if it appears to be without merit. SUBRECIPIENT shall also defend, indemnify, and hold CITY harmless from any loss, damage, or attorneys' fees incurred because of any claim by any person or entity, including the State of California. Parties also expressly agree that any payment, attorneys' fees, cost, or expense that CITY incurs, or makes to or on behalf of an injured employee under CITY's self-administered workers' compensation, is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement.
13. INSURANCE.
A. General Provisions. Prior to CITY's execution of this Agreement, SUBRECIPIENT shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by CITY's Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law.
9 B. Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on SUBRECIPIENT's indemnification obligations under Section 12.
C. Ratings. Any insurance policy or coverage provided by SUBRECIPIENT or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of A or higher and a Financial Class of VII or higher.
D. Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to CITY by certified or registered mail, postage prepaid.
E. Adequacy. City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by SUBRECIPIENT pursuant to this Agreement are adequate to protect SUBRECIPIENT. If SUBRECIPIENT believes that any required insurance coverage is inadequate, SUBRECIPIENT will obtain such additional insurance coverage, as SUBRECIPIENT deems adequate, at SUBRECIPIENT's sole expense.
F. Workers' Compensation Insurance. By executing this Agreement, SUBRECIPIENT represents that SUBRECIPIENT is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work SUBRECIPIENT shall carry the insurance or provide for self-insurance required by California law to protect said SUBRECIPIENT from claims under the Workers' Compensation Act. Prior to CITY's execution of this Agreement, SUBRECIPIENT shall file with CITY either (1) a certificate of insurance showing that such insurance is in effect, or that SUBRECIPIENT is self-insured for such coverage, or (2) a certified statement that SUBRECIPIENT has no employees, and acknowledging that if SUBRECIPIENT does employ any person, the necessary certificate of insurance will immediately be filed with CITY. Any certificate filed with CITY shall provide that CITY will be given at least ten (10) days prior written notice before modification or cancellation G. Commercial General Liability. Prior to CITY's execution of this Agreement, SUBRECIPIENT shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance as required to insure SUBRECIPIENT against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of SUBRECIPIENT. City, and its officers, employees and agents, shall be named as additional insureds under SUBRECIPIENT's insurance policies.
SUBRECIPIENT's commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products completed operations liability, independent contractor's liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000. Prior to CITY's execution of this Agreement, copies of insurance policies or original certificates and additional insured 10 endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with CITY and shall include CITY and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions:
It is agreed that the City of Riverside, and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Riverside.
H. Subcontractors' Insurance. SUBRECIPIENT shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, which may be caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages:
Workers' Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability. Upon CITY's request, SUBRECIPIENT shall provide CITY with satisfactory evidence that subcontractors have obtained insurance policies and coverages required by this section.
I. Commercial Automobile Insurance. SUBRECIPIENT is required to provide commercial automobile liability insurance for this Agreement with the exception being those subrecipients that do not require the use of an automobile to meet program requirements as detailed in the Services. If SUBRECIPIENT does not require the use of an automobile to meet program requirements in the Services, SUBRECIPIENT must complete a Certification Regarding Automobile Usage and Receipt of Grant Funding from City of Riverside. If SUBRECIPIENT requires the use of an automobile or must drive to meet program requirements in the Services, SUBRECIPIENT must submit insurance certificates acceptable to CITY that meet the following requirements): SUBRECIPIENT's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $1,000,000 per occurrence and an aggregate limit of not less than $1,000,000. All of SUBRECIPIENT's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with SUBRECIPIENT's performance of this Agreement, which vehicles shall include, but are not limited to, SUBRECIPIENT owned vehicles, SUBRECIPIENT leased vehicles, SUBRECIPIENT's employee vehicles, non- SUBRECIPIENT owned vehicles and hired vehicles. CITY, and its officers, employees and agents, shall be named as additional insureds under the SUBRECIPIENT's automobile insurance policy.
INDEPENDENT CONTRACTOR. In the performance of this Agreement, SUBRECIPIENT, and SUBRECIPIENT's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of CITY.
SUBRECIPIENT acknowledges and agrees that CITY has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance to SUBRECIPIENT, or to SUBRECIPIENT's employees, subcontractors and agents. This Agreement shall not under any circumstances be construed or considered to create an employer- employee relationship or a joint venture. SUBRECIPIENT shall be responsible for any and all taxes that apply to SUBRECIPIENT as an employer. SUBRECIPIENT shall determine the method, details, and means by which it provides Services. SUBRECIPIENT shall be responsible 11 to CITY only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of SUBRECIPIENT in fulfillment of this Agreement. If in the performance of this Agreement, any third persons are employed by SUBRECIPIENT, such persons shall be entirely and exclusively under the direction, supervision, and control of SUBRECIPIENT. All terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirements of law, shall be determined by SUBRECIPIENT.
15. 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 COMPLIANCE. 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 applicable and/or related to the HHAP-2, CITY, its subcontractors, and all eligible activities.
SUBRECIPIENT will comply with all applicable CITY policies and procedures. In the event that there is a conflict between the various laws or regulations that may apply, the SUBRECIPIENT shall comply with the more restrictive law or regulation. 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 activities. 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, and safety laws, rules, regulations, and ordinances. SUBRECIPIENT shall provide copies of permits and approvals to CITY and BCSH upon request.
17. CORE COMPONENTS OF HOUSING FIRST. SUBRECIPIENT shall ensure hat any housing-related activities funded with HHAP-2 funds, including, but not limited tc Emergency Shelter, Rental Assistance or Rapid Rehousing, and permanent supportive housin must be in compliance or otherwise aligned with the Core Components of Housing First, pursuant to Welfare and Institutions Code Section 8255(b).
12 18. 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 or its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, section 7285 et seq.). 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 Agreement 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 Section 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, partner" means one of two persons who have filed a declaration of domestic partnership with the Secretary of State pursuant to Division 2.5 (commencing with Section 297) of the Family Code.
D. By signing this Agreement or accepting funds under this Agreement, SUBRECIPIENT 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).
CHILD SUPPORT COMPLIANCE ACT. 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. Failure of the SUBRECIPIENT to comply with all federal and state reporting requirements for child support enforcement or to comply with all lawfully served Wage and Earnings Assignments Orders and Notices of Assignment shall constitute a material breach of this Agreement. 13 20. 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.).
21. PERSONNEL. Upon request by CITY, SUBRECIPIENT agrees to make available to CITY a current list of personnel that are providing services under this Agreement who have contact with children or adult clients. The list shall include all staff who work full or part-time positions by title, including volunteer positions, a brief description of the functions of each position and hours each position worked, and the professional degree, if applicable and experience required for each position. 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 a criminal records clearance from the State of California Department of Justice (DOJ. A signed certification of such clearance shall be retained in each individual's personnel file. The use of criminal records for the purposes of employment decisions must comply with the Office of Federal Contract Compliance Programs Directive 2013- 02 "Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin" and California Government Code § 12952.
22. SUBCONTRACTS.
A. SUBRECIPIENT shall not enter into any Subcontract with any subcontractor who:
(1) Is presently debarred, suspended, proposed tor debarment or suspension, or declared ineligible or voluntarily excluded from covered transactions by a federal department or agency;
(2) Has within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for the commission of fraud; a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction; violation of federal or state anti-trust status; commission of embezzlement, theft, forgery, bribery; falsification or destruction of records; making false statements; or receiving stolen property; (3) Is presently indicted or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in the paragraph above; 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.
B. SUBRECIPIENT shall be fully responsible for the acts or omissions of its subcontractors and the subcontractors' employees.
14 C. SUBRECIPIENT shall insert clauses in all Subcontracts to bind its subcontractors to the terms and conditions of this Agreement.
D. Nothing contained in this Agreement shall create a contractual relationship between any subcontractor or supplier of SUBRECIPIENT and CITY.
23. SUPPLANTATION. SUBRECIPIENT shall not use HHAP-2 funds under this Agreement to supplant any existing local funds for Homeless housing, assistance, or prevention.
SUBRECIPIENT shall not claim reimbursement from CITY 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 CITY funds under any CITY programs without prior approval of CITY.
to the party to be served as follows:
City Subrecipient
City of Riverside Path of Life Ministries
Office of Homeless Solutions Attn: Casey Jackson
Attn: Michelle Davis 1240 Palmyrita Avenue, Ste. A
3900 Main Street Riverside, CA 92507
Riverside, CA 92522
25. AMENDMENT. This Agreement may only be amended in writing by mutual agreement between CITY and SUBRECIPIENT.
26. 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, pandemics, civil disorders, or other similar acts, such party shall not be held liable for such failure to comply.
27. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. Any legal action related to the interpretation or performance of this Agreement shall be filed only in the Superior Court of the State of California located in Riverside, California, and the parties waive any provision of law providing for a change of venue to another location. In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
28. COUNTERPARTS. This Agreement may be signed by the Parties hereto in counterparts, each of which shall be an original but all of which together shall constitute one and the same agreement and shall become effective when counterparts have been signed by each party 15 and delivered to the other party, it being understood that both parties need not sign the same counterpart. In the event that any signature is delivered by facsimile or electronic transmission, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as though such facsimile or electronic signature page were on original thereof.
29. 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 communications, whether oral or in writing.
30. EXHIBITS. The following exhibits attached hereto are incorporated herein to this Agreement by this reference:
Exhibit "A" - Scope of Services
Exhibit "B" - Budget
Exhibit "C" - Personnel
[SIGNATURES ON FOLLOWING PAGE.]
16 IN WITNESS WHEREOF, CITY and SUBRECIPIENT have caused this Agreement to be duly executed on the day and year first written above.
CITY OF RIVERSIDE, PATH OF LIFE MINISTRIES, a
a California charter city and municipal California non-profit corporation corporation
By: Chris Obers
By:
City Manager hris Oberg
Title:
(Signature of Board Chair, President, or
ATTESTED TO: Vice President)
By:_ and
City Clerk
CERTIFIED AS TO AVAILABILITY OF FUNDS: By:
Print Name:
Title:_
By: (Signature of Secretary, Assistant
Chief Financial Officer Secretary, CFO, Treasurer, or Assistant Treasurer)
APPROVED AS TO FORM:
Susan Wilso
By:
Assistant City Attorney
IIRc-citylawlcycom|WPDOCS\D030\P035\00695356.DOCX
22-2224 SDW 2/01/23
17 EXHIBIT "A"
SCOPE OF SERVICES
HOMELESS HOUSING, ASSISTANCE AND PREVENTION (HHAP) - 2 GRANT RIVERSIDE EMERGENCY SHELTER PROGRAM - 30 DEDICATED BEDS Grant funds will be used to purchase 30 dedicated at the emergency shelter beds for one year for the City's Homeless Street Outreach staff to fill.
Path of Life Ministries (POLM) agrees to the following:
• Assign a liaison between the City of Riverside (City) and POLM. • Average length of stay should be no more than 60 days. HUD's ideal length of stay in an emergency shelter is 30 days or less, but 90 days is the maximum. • Ensure that residents and non-residents complete a daily sign-in sheet and intake form developed by POLM. The sign-in sheet shall include at least their names (printed and signatures) and only the guest's last four (4) digits of their social security number if available, for security purposes. All documents must be completed legibly. • Provide a clean and safe area for sleeping. Overcrowding must be avoided. • Provide hot water, clean towels, and toilet paper.
• Ensure that no drugs, alcohol, or weapons are allowed on the premises at any time. • Adhere to state and local health and safety regulations on the preparation and handling of meals and maintenance of kitchen facilities.
• Provide three (3) meals (breakfast, lunch and hot dinner) per day to the residents of the shelters. Meals must be complete and nutritionally adequate and provided on-site in an area specifically designated for meal consumption where adequate space for comfortable seating for dining is available to each customer.
• Maintain the shelter in a good and clean manner and in compliance with the City property maintenance requirements and Conditional Use Permit at all times. Loitering shall not be permitted at any time on POLM shelter property.
• Conduct Vulnerability Index-Service Prioritization and Decision Assistance Tool (VI- SPDAT) in the Clarity - Coordinated Entry System (or any subsequent Assessment systems adopted by the Continuum of Care) to determine the best housing intervention for clients.
• Enter each client into the Homeless Management Information System (HMIS) by completing the HMIS Data Collection From - Project Entry. • Exit each client from HMIS by completing the HMIS Data Collection Form - Project Exit.
• Provide case management services to shelter guests on a weekly basis at a minimum, that lead to permanent housing. The benchmark to rapidly move homeless households from a shelter bed to permanent housing is 40%. Participation in a case management plan shall be a condition for admission for the following shelter services:
• For shelter guests, compliance with an agreed upon case management plan is required for continued residency at the shelter.
Perform an intake and an assessment of guests' needs and assign each guest to a case manager who shall, together with the guest, develop specific, comprehensive, and individualized service plans leading to self-sufficiency.
Additionally, the case manager shall refer the customer to all necessary supportive services that are not provided on-site.
• Provide and/or coordinate with other agencies that provide the following services that include but are not limited to:
Benefits advocacy.
• Life skills counseling and life skills training.
• Education resources.
Personal care and hygiene supplies and showers.
Physical and mental health treatment. Guests will be referred to the RUHS and/or local medical clinics for evaluation and treatments.
Referrals to substance abuse counseling.
Job readiness and job search.
Referrals to other supportive service providers.
• Allow participants to receive mail at the shelter.
• Coordinate with public and private entities providing homeless support services. • Provide customers with information and assistance as necessary to obtain other Federal, State, local and private assistance available for such homeless individuals. • Coordinate with residents of the surrounding neighborhood to mitigate their concerns regarding the impact of the shelters on the neighborhood to greatest extent possible. • Participate in program-effectiveness study should one be conducted.
Follow all standards set forth in the Conditional Use Permit for the shelter program.
EXHIBIT "B»
BUDGET
Category Cost
Purchase of 30 beds for one year at the $876,000.00
Riverside Emergency Shelter ($80 bed-night
rate including all services)
TOTAL $876,000.00
EXHIBIT "C"
PERSONNEL
1. CSO, Chief Solutions Officer - Leonard Jarman
2. Shelter Manager - Stephanie Spinner (ServSafe Food Service Manager)
3. Assistant Manager(s) - Maurice Talley, Kristina Amancio
4. Lead Residential Service Staff (x 4)
5. Residential Services Staff (x 8)
6. Intake Specialists) - TBD
7. Security Guards - Michael Hicks, Faith Linsey & Randy Ellis (x 2.5)
8. Achievement Coach Manager - Franceen Edwards
9. Achievement Coach - Darrell Duke, Alice Molina and Charmae Reese