SUBRECIPIENT AGREEMENT FOR THE HOMELESS, HOUSING,
ASSISTANCE, AND PREVENTION PROGRAM (HHAP) ROUND 2, 3 AND 4
PATH OF LIFE MINISTRIES
Emergency Shelter Care Management and Operations
THIS AGREEMENT is made and entered into this _____ day of _______________, 2025 (“Effective Date”), by and betw een the CITY OF RIVERSIDE, a California charter city and municipal corporation (“CITY”) and PATH OF LIFE MINI STRIES, 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 othe r relevant provisions es tablished under AB 101 (Chapter 159, Statutes of 2019), the State of California has esta blished the Homeless Housing, Assistance, and Prevention Pr ogram (HHAP), administered by the California Homeless Coordinating and Financing Council in the Busi ness, Consumer Services and Housing Agency (BCSH).
B. HHAP-2 and HHAP-3 funding provides one-time block grant funds to 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.
C. HHAP-4 funding provides one-time block grant funds to fourteen of the largest cities in the State with populations greater than 300,000 (as of January 1, 2022) to support regional coordination and expand or develop local capac ity to address their immediate homelessness challenges.
D. On September 20, 2021, CITY entered into a Standard Agreement Number 21- HHAP-00077 with the State of California to r eceive Three Million Two Hundred Sixty-Two Thousand Eight Hundred Seventy-Nine Do llars ($3,262,879.00) in funds from HHAP-2, also referred to herein as HHAP Round 2.
E. Pursuant to Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code, and all othe r relevant provisions es tablished under AB 140 (amended by Stats 2021, Ch. 111, Sec. 4), the State of California has esta blished the Homeless Housing, Assistance, and Prevention Program (HHAP), administered by the California Homeless Coordinating and Financing Council in the Busi ness, Consumer Services and Housing Agency (BCSH).
F. On May 3, 2022, CITY entered into St andard Agreement Number 22-HHAP- 10075 with the State of California to receive One Million Six Hundred Eighty-Six Thousand Six Hundred and Fifty-Seven Dollars and Sixty-Four Cents ($1,686,657.64) in funds from HHAP-3 First Disbursement, also referred to herein as HHAP Round 3.
25th
July
G. 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 83 (Chapter 159, Statutes of 2020), 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).
H. On July 11, 2023, CITY entered into a Standard Agreement Number 23-HHAP- 10011 with the State of California to receive Ei ght Million Eight Hundred Sixty Thousand Five Hundred Sixty-Six Dollars and Eighty Cents ($8,860,566.80) in funds from HHAP-4, also referred herein as HHAP Round 4.
I. Pursuant to Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code, and and amended by Statutory 2021, Ch. 111, Section 4 (AB 140) the State of California has established the Home less Housing, Assistance, and Prevention Program (HHAP), administered by the Cali fornia Homeless Coordinating and Financing Council in the Business, Consumer Services and Housing Agency (BCSH).
J. CITY desires to contract with SUBRECIPIENT for eligible uses of HHAP-2, HHAP-3, and HHAP-4 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 101 (Chapter 159, Statutes of 2019), AB 83 (Chapter 15, Statutes of 2020), and AB 140 (Amended by Stats 2021, Ch 111, Sec 4), which include , but are not limited t o, one or more of the following: (1) Rental Assistance and Rapid Rehous ing; (2) Operating S ubsidies; (3) Landlord Incentives; (4) Outreach Services; (5) Syst ems Support; (6) Permanent Housing and Innovative Housing Solutions; (7) Homeless Prevention; a nd (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 availa ble 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 a ll HHAP-2, HHAP-3, and HHAP-4 funds Obligated under this Agreement have been fully paid and receipted, and no invoices remain outstanding.
E. “HHAP-2, HHAP-3, and HHAP-4” means the Homeless Housing Assistance and Prevention program Round 1, 2 and 3 established pursu ant to Chapter 6 of Part 1 of Division 31 of the Health and Safety Code. HHAP-2, HHAP-3, and HHAP-4 and Programs 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 Sy stem” means the information system designated by a continuum of care to comply with federal reporti ng 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 se rvices provider or legal services provider that is permitted by th e 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 fa milies into permanent housing that provides temporary living facilities while case managers c onnect individuals experi encing homelessness to income, public benefits, health services, shelter, and housing.
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, HHAP-3, and HHAP-4 funds alloca ted to SUBRECIPIENT pursuant to this Agreement.
N. “Operating Subsidies” means subsidies dedicated to new and existing affordable or supportive housing units, Emergency Shelters, and Navigation Centers.
O. “Outreach Services” means outreach and coordination services to assist Homeless populations in accessing permanent housing and to promote housing stability in supportive housing, such as access to job programs.
P. “Permanent Housing and Innovative Hous ing Solutions” means the delivery of permanent housing and innovative housing solutions, such as hotel and motel conversions.
Q. “Rental Assistance or Rapid Rehous ing” means housing vouchers, rapid- rehousing programs, and eviction prevention strategies.
R. “Subcontract” refers to any contract, purchase order, or other purchase agreement, including modifications and change orders to the foregoing, entered into by the SUBRECIPIENT with a subcontractor to furnish s upplies, 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 supplie rs. SUBRECIPIENT and Path of Life Ministries are used interchangeably in this Agreement.
T. “Systems Support” means system 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.
U. “Target Population” means any person who is Homeless as defined in this Agreement.
2. SCOPE OF SERVICES. SUBRECIPIENT shall provide emergency shelter beds and case management (“Program”), as more particularly described in Exhibit “A” (“Services”), attached hereto and incorporated by reference, and in accordan ce with this Agreement and the budget attached hereto and incorporated herein as Exhibit “B” (“Budget”).
3. TERM. The term of the Agreement shall begin on June 1, 2025, and shall remain in effect until June 30, 2026, unless terminated earlier pursuant to the provisions herein. Parties agree that all services provided to the Target Population shall be provided through June 30, 2026.
The Agreement term may be extended for one (1) additional one (1) year period if HHAP grant funding is available for emergency shelter.
4. GRANT FUNDS. CITY shall allocate to SUBRE CIPIENT a grant amount not to exceed One Million Nine Hundred Fifty-Eight Thousand Five Hundred Dollars ($1,958,500) (“Grant Funds”) from HHAP-2, HHAP-3, and HHAP-4 as shown in Exhibit B allocated to SUBRECIPIENT, pursuant to this Agreement, shall be Expended by June 30, 2026. Any HHAP-2, HHAP-3, and HHAP-4 funds paid to SUBRECIPIENT, but not Expended pursuant to this Agreement by June 30, 2026, shall be returned to CITY. In the event this Agreement is terminated prior to June 30, 2026, any funds paid to SUBRECIPIENT, but not Expended prio r to the date of te rmination, 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 paym ent 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 pa yment to SUBRECIPIENT upon CI TY’s approval of a written advance request from SUBRECIPIENT.
B. Ineligible Costs. HHAP-2, HHAP-3, and HHAP-4 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 deter mine 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 expenditu res or indebtedness. If the SUBRECIPIENT or its funded subcontractors use HHAP-2, HHAP-3, and HHAP-4 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, HHAP-3, and HHAP-4 funds by June 30, 2024. Any HHAP-2, HHAP-3, and HHAP-4 funds paid to SUBRECIPIENT, but not Obligated pursuant to this Agreement by June 30, 2026, shall be returned to CITY within five (5) business days. Any Obligated funds shall be Expended by SUBRECIPIENT by June 30, 2026.
E. Budget Amendments. SUBRECIPIENT sha ll make no changes to the Budget without first obtaining written approval from CITY and BCSH. A ny budget amendments must be requested by the SUBRECIPIENT in writing.
F. Withheld Payments. Payments to SUBRE CIPIENT 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 mu st establish and maintain on a current basis an 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 lia bility for payment on the part of CITY unless funds are made available for such payment by BCSH. In the even t such funds are not forthcoming for any reason, CITY shall immediately notify SU BRECIPIENT 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.
6. 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. CITY may, at any time, upon five (5) days written notice, terminate this Agreement for cause, if SUBRECIPIENT refuse s 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, HHAP-3, and HHAP-4 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-2, HHAP-3, and HHAP-4 award(s) to the SUBRECIPIENT;
(3) Require the return of any unexpended HHAP-2, HHAP-3, and HHAP-4 funds disbursed under this Agreement;
(4) Require repayment of HHAP-2, HHAP 3, and HHAP-4 funds disbursed and Expended under this Agreement;
(5) Require the immediate return to CITY of all funds derived from the use of HHAP-2, HHAP-3, and HHAP-4 funds including, but not limited to recaptured funds and returned funds;
(6) Seek, in a court of competent jurisdic tion, 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, HHAP- 3, and HHAP-4 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.
8. 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 performanc e 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 SUBRECIPIEN T’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 fi rms with whom SUBRECIPIENT is doing business or proposing to do business, in fulfilling this Agreement.
9. 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 list ed, 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 ex ited 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.
(9) Guests last known residency zip code prior to entering shelter and twelve months prior to end
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 spec ifically 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. SU BRECIPIENT 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, ma terials, facilities or equipment utilized in the performance of this Agr eement, 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 cooper ate with any inspector or CITY representativ e 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 a ssess 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 supp orting documentation pertaining to performance of this Agreement. SUBRECIPIENT agrees to prov ide CITY, BCSH, or their designees, with any relevant information requested. SUBRECIPIENT agrees to permit CITY, BCSH, or their designees, access to its premises, upon reas onable 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), AB 83 (Chapter 159, Statutes of 2020), and AB 140 (Amended by Stats 2021, Ch. 111, Sec. 4), HHAP-2, HHAP-3, and HHA4-3 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 negotia tion, 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, HHAP- 3, and HHAP-4 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 CI TY of the auditor’s name and address immediately after the selec tion 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) If there are audit findings, the SUBRECIPIENT must submit a detailed response acceptable to CI TY 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 t o, 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 subject 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 unaut horized disclosure names and other identifying information concerning persons r eceiving services pursuant to this Agreement.
SUBRECIPIENT shall ensure case records or pers onal information is kept confidential when it identifies an individual by name, address, or other specific informati on. 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.
C. SUBRECIPIENT shall take special pr ecautions, 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 info rmation. 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 empl oyees shall not offer gift s, gratuity, favors, and entertainment directly or indirectly to CITY employees.
F. SUBRECIPIENT and its employees shall co mply 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 Californi a Political Reform Act, Government Code section 87100 et seq., Government Code section 1090, and Public Contract Code sections 10410 and 10411.
12. INDEMNITY. Except as to the sole negligen ce or willful misconduct of CITY, SUBRECIPIENT shall defend, indemnify, and hold CI TY, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expe nse 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 Subrecip ient in the performance of this Agreement, notwithstanding that CITY may have benefitted from their services. This indemnification provision shall apply to any acts or omi ssions, willful misconduct or neg ligent conduct, whether active or passive, on the part of Subrecipi ent 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 ma kes to or on behalf of an in jured 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.
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 cove rage 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 ca nceled 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 SUBRE CIPIENT 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 befo re commencing a ny of the work.
SUBRECIPIENT shall carry the insurance or prov ide 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, th e necessary certificate of insurance will immediately be filed with CITY. Any certificate f iled with CITY shall provide that CITY will be given at least ten (10) days prior written notice before modification or cancellation thereof.
G. Commercial General Liability. Prior to CITY’s execution of this Agreement, SUBRECIPIENT shall obtain, and sh all thereafter maintain during the term of this Agreement, commercial general liability insurance as require d 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 in surance policy shall cover both bodily injury (including death) and property dama ge (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 o ccurrence and a general aggregate limit in the amount of not less th an $2,000,000. Prior to CITY’s execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreemen t, 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 in sureds under this policy, solely for work done by and on behalf of the named insured for the City of Riverside.
H. Subcontractors’ Insurance. SUBREC IPIENT 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 provi de CITY with satisfactory evidence that subcontractors have obtained insurance policies and coverages required by this section.
I. Commercial Automobile Insurance. SU BRECIPIENT 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 Fundi ng 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 insura nce certificates acceptable to CITY that meet the following requirement(s): 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 in clude, but are not limited to, SUBRECIPIENT owned vehicles, SUBRECIPIENT leas ed 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.
14. 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 c onsidered to create an employer-e mployee relationship or a joint venture. SUBRECIPIENT shall be responsible for any and all taxes that apply to SUBRECIPIENT as an employer. SUBRECIPIENT shall determin e the method, details, and means by which it provides Services. SUBRECIPIENT sh all be responsible to CITY only for the requ irements and results specified in this Agreemen t, 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 perf ormance of this Agreement, any third persons are employed by SUBRECIPIENT, such persons shall be entirely and exclusively under the direction, supervision, and control of SU BRECIPIENT. All terms of employment, including hours, wages, working conditions, discipline, hiring, and discha rging or any other te rm 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 fede ral 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 crimin al offense in connection with obt aining, 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 stol en property; is not presently indi cted 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 w ithin a three- year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default.
16. 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 hous ing, and all other matters applicable and/or related to the HHAP-2, HHAP-3, and HHAP-4, CITY, its subcontractors, and all eligible activities.
SUBRECIPIENT will comply with a ll 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 regu lation. SUBRECIPIENT sha ll be responsible for obtaining any and all permits, licen ses, and approvals required fo r performing any activities under this Agreement, including those necessary to perform design, constr uction, or operation and maintenance of the activities. SU BRECIPIENT shall be responsib le for observing and complying with any applicable federal, state, and local la ws, rules or regulations affecting any such work,
specifically those including, but no t limited to, environmen tal protection, procur ement, and safety laws, rules, regulations, and ordinances. SUBRE CIPIENT shall provide copies of permits and approvals to CITY and BCSH upon request.
17. CORE COMPONENTS OF HOUSING FIRST. SUBRECIPIENT shall ensure that any housing-related activit ies funded with HHAP-2, HHAP- 3, and HHAP-4 funds, including, but not limited to, Emergency Shelter, Rental Assistance or Rapid Rehousing, and permanent supportive housing must be in co mpliance or otherwise aligned with the Core Components of Housing First, pursuant to Welfare and Institutions Code Section 8255(b).
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 (ge nder), 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 informat ion, marital status, military and veteran status, and denial of medical and fami ly care leave or pregnancy disability leave.
SUBRECIPIENT and its subcontractors shall ensure that the eval uation 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.) a nd the applicable regulations promulgated thereunder (Califor nia Code of Regulations, Titl e 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 subc ontractors 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, “domestic partner” means one of two persons who have filed a declaration of domestic partnership with the Secretary of State pursuant to Division 2.5 (commencing with Section 297) of the Family Code.
D. By signing this Agreement or accepting funds under this Agreement, SUBRECIPIENT 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).
19. 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 stat e reporting requireme nts for child support enforcement or to comply with all lawfully se rved Wage and Earnings Assignments Orders and Notices of Assignment shall constitute a material breach of this Agreement.
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 descrip tion 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 th ese 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 record s for the purposes of employment decisions must comply with the Office of Federal Contract Compliance Programs Directive 2013-02 “Complying with Nondiscrimination Provisions: Cr iminal Record Restrictions and Discrimination Based on Race and National Origin” and California Government Code § 12952.
22. SUBCONTRACTS.
A. SUBRECIPIENT shall not enter into a ny Subcontract with any subcontractor who:
(1) Is presently debarred, suspended, pr oposed for debarment or suspension, or declared ineligible or voluntaril y excluded from cove red transactions by a federal department or agency;
(2) Has within a three-year period prece ding this Agreement been convicted of or had a civil judgment rendered against them for the commission of fraud; a criminal offense in conne ction with obtaining, attempting to obtain, or performing a public (federa l, 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.
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, HHAP-3, and HHAP-4 funds under this Agreement to supplant any existing local fu nds for Homeless housing, assistance, or prevention. SUBRECIPIENT shall not claim reimbursement from CITY for any sums which have been paid by another source of reve nue. SUBRECIPIENT agrees that it will not use funds received pursuant to this Ag reement, either directly or in directly, as a contribution or compensation for purposes of obtaining state fund s under any state program or CITY funds under any CITY programs without prior approval of CITY.
24. NOTICES. Any notices provided for, or required, to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows:
City Subrecipient
City of Riverside Path of Life Ministries Department of Housing Attn: Chris Oberg, CEO and Human Services 1240 Palmyrita Avenue, Ste. A
Attn: Director Riverside, CA 92507
3900 Main Street
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 co mply with any provision of this Agreement due to causes beyond its reasonable cont rol and which could not have been reasonably anticipated, such as acts of God, acts of war, pandemic s, 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 interpre tation 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 ju risdiction to be invalid, void, or unenforceable, the remaining provi sions will nevertheless conti nue in full force without being impaired or invalidated in any way.
28. COUNTERPARTS. This Agreement may be signe d 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 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 fa csimile or electronic tran smission, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the sa me force and effect as though such facsimile or el ectronic 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. DIGITAL AND COUNTERPART SIGNATURES. Each party to this Agreement intends and agrees to the use of digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (Civil Code §§ 1633.1, et seq.), California Government Code § 16.5, and California Code of Re gulations Title 2 Division 7 Chapter 10, to execute this Agreement. The parties further ag ree that the digital 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 for purposes of validity, enforceability, and admissibility. For purposes of this section, a “digital signature” is defined in subdivision (d) of Section 16.5 of the Government Code and is a type of “electronic signature” as defined in subdivision (h) of Section 1633.2 of the Civil Code. This Agreement may be executed in any num ber of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each certified or authenticated electronic copy of an encrypted digital signature shall be deemed a duplicate original, constituting one and the same instrument and shall be binding on the parties hereto.
31. EXHIBITS. The following exhibits attached here to are incorporated herein to this Agreement by this reference:
Exhibit “A” – Scope of Services
Exhibit “B” – Budget
Exhibit “C” – Personnel
[SIGNATURES ON FOLLOWING PAGE.]
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,
a California charter city and municipal
corporation
By:_________________________________
City Manager
ATTESTED TO:
By:________________________________
City Clerk
CERTIFIED AS TO AVAILABILITY OF FUNDS:
By:_________________________________
Chief Financial Officer
APPROVED AS TO FORM:
By:___________________________
Sean B. Murphy
Deputy City Attorney
PATH OF LIFE MINISTRIES, a
California non-profit corporation
By:_____________________________
Print Name: ______________________
Title:____________________________
and
By:_____________________________
Print Name:_______________________
Title:_____________________________
\\Rc-citylaw\cycom\WPDOCS\D002\P042\00955021.DOCX
25-0922 SBM 07/02/25
Chris Oberg (Jul 15, 2025 11:30 PDT)
Chris Oberg
Chris Oberg
CEO
Sergio Aguilar (Jul 22, 2025 14:55 PDT)
Sergio Aguilar
Rafael Guzman (Jul 23, 2025 15:36:54 PDT)
EXHIBIT “A”
SCOPE OF SERVICES
HOMELESS HOUSING, ASSISTANCE AND PREVENTION (HHAP)
HHAP-2, HHAP-3 AND HHAP-4 GRANT
RIVERSIDE EMERGENCY SHELTER PROGRAM
Grant funds will be used to purchase 45 dedicated adult beds and 8 transitional aged youth beds at the emergency shelter beds for one year for the City’s Homeless Street Outreach staff to fill. Per the Declaration of Covenants, Conditions and Restrictions between the Path of Life and the City, another 15 shelter beds will be reserved for the City.
Path of Life Ministries (“POLM”, also referred to as “Subrecipient”) 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 s h e l t e r s . M e a l s m u s t b e c omplete 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-Se rvice Prioritization and Deci sion 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 Mana gement 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 30%. Participation in a case ma nagement plan shall be a condition for admission for the following shelter services:
o For shelter guests, compliance with an agreed upon case management plan is required for continued residency at the shelter.
o 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 i n c l u d e but are not limited to:
o Benefits advocacy
o Life skills counseling and life skills training
o Education resources
o Personal care and hygiene supplies and showers
o Physical and mental health treatment. Gues ts will be referred to the RUHS and/or local medical clinics for evaluation and treatments.
o Referrals to substance abuse counseling
o Job readiness and job search
o 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.
Submit supporting documentation with request fo r payments for expenditures related to the Emergency Shelter Program
EXHIBIT “B”
BUDGET
Category Cost
Purchase of 45 single adult beds for one
year (365 days) at the Riverside Emergency
Shelter ($100 bed-night rate including all
services) (Term: July 1, 2025 – June 30,
2026)
$1,642,500
Purchase of 8 transitional aged youth beds
for individuals between the ages of 18 -24
(Term: June 1, 2025 – June 30, 2026)
$316,000
TOTAL $1,958,500
EXHIBIT “C”
PERSONNEL
Personnel
1. CSO, Chief Solutions Officer- Leonard Jarman
2. Shelter Manager- Stephanie Spinner (ServSafe Food Service Manager)
3. Assistant Managers (x4)
4. Lead Residential Service Staff (x7)
5. Residential Service Staff (x 15)
6. Intake Specialist (1)
7. Security Guards (x5)
8. Manager of Case Management- Franceen Edwards
9. Case Managers (x5)
10. Outreach Navigators (x2) – Assist clients with transportation and other needs to get vital documents and any assistance provided to case managers
11. Care Drivers – Transportation (x2)
12. Chief Executive Officer – Chris Oberg
HHS_Subrecipient Agreement - Path of
Life_25-0922_Term Corrected
Final Audit Report 2025-07-25
Created: 2025-07-15
By: megan stoye ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAASHu5RkkTorXFtjjSvPuH821qsw2UHUhb "HHS_Subrecipient Agreement - Path of Life_25-0922_Term Cor rected" History
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