Mayor and City Council
June 18, 2025

HOMELESS RESOURCE SERVICES

AGREEMENT

This Agreement for the provision of Homeless Resource Services ("Agreement") is made and entered into this June 18, 2025 ("Effective Date") by and between the City of San Bernardino, a charter City and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and the Benjamin E. Jones Community Resource Center, a California nonprofit public benefit corporation recognized under Section 501(c)(3) of the Internal Revenue Code, with its principal place of business located at 794 West 40th Street, San Bernardino, CA 92407 (“Subcontractor”). The City and the Subcontractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, the City and the Subcontractor agree as follows:

ARTICLE 1 - ENGAGEMENT OF

SUBCONTRACTOR

1.1 This Agreement is funded through a grant awarded to the City by the State of California under the Encampment Resolution Funding Program ("Encampment Resolution Fund" or "ERF"), established pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the California Health and Safety Code. The ERF is administered by the California Department of Housing and Community Development ("Department of Housing and Community Development" or "HCD"), a department within the Business, Consumer Services and Housing Agency ("Agency"). The City is a designated grantee under the ERF.

1.2 The City hereby engages the Subcontractor to implement and administer a Rapid Rehousing Program (“Program”) designed to transition sixty (60) individuals experiencing homelessness into stable, permanent housing within the City’s designated 5.2- mile priorit ized encampment area. The Subcontractor shall provide comprehensive Rapid Rehousing services ("Services"), including but not limited to: housing placement, case management, landlord engagement, rental assistance, and linkage to supportive resources, all in accordance with the Scope of Work attached hereto as Exhibit "A," which is incorporated herein by this reference.

1.3 The term of this Agreement shall commence on the Effective Date of June 18, 2025, and shall continue in full force and effect until June 30, 2027, unless earlier terminated or modified in accordance with the provisions set forth herein. All ERF-3-R funds under this Agreement must be obligated by June 30, 2025, in accordance with state funding requirements.

1.4 The Subcontractor shall perform all Services in a professional and competent manner. The Subcontractor represents and warrants that it possesses the necessary qualifications, expertise, and experience to implement Rapid Rehousing programs for individuals experiencing homelessness or those at risk of homelessness. The Subcontractor agrees to utilize state funding to operate the Program in full compliance with the principles of Housing First, as defined in California Welfare and Institutions Code Section 8255, which include low-barrier program entry, individualized housing stabilization services, and proactive landlord engagement strategies to support long-term housing stability.

1.5 The Subcontractor shall assist individuals experiencing homelessness by delivering Rapid Rehousing services that ensure timely access to rental assistance, case management, and supportive resources, with the goal of facilitating permanent housing placement s for individuals residing in the designated 5.2 -mile prioritized encampment area. All services shall be delivered in accordance with the principles of Housing First and the objectives of the Encampment Resolution Fund (ERF-3-R) Program, with a targeted focus on housing navigation, landlord engagement, and the provision of financial assistance to remove barriers to stable housing.

ARTICLE 2 - SERVICES OF SUBCONTRACTOR

2.1 The Subcontractor shall perform the Services described in Exhibit "A" – Scope of Services, which is attached hereto and incorporated herein by this reference. Under this Agreement, the Subcontractor shall implement a Rapid Rehousing Program designed to transition sixty (60) individuals experiencing homelessness into stable, permanent housing within the City's designated

5.2-mile prioritized encampment area.

The Program shall include housing navigation, case management, rental assistance, and landlord engagement to facilitate successful housing placements. Eligible participants shall receive financial assistance including, but not limited to, six (6) months of rental subsidies, security deposits, and landlord incentives. In addition, the Subcontractor shall connect participants to supportive services, which may include mental health care, substance use treatment referrals, and employment assistance. The Program shall be administered in accordance with a low-barrier, Housing First approach, with the goal of promoting long-term housing stability and successful community reintegration.

2.2 The Subcontractor shall adhere to all applicable federal, state, and local laws, regulations, and requirements in executing this Agreement, including, but not limited to, compliance with any applicable State prevailing wage laws. This Agreement is subject to any restrictions, limitations, conditions, statutes, or regulations imposed by federal law, the State of California, or any relevant agency, department, or political subdivision that may impact on the provisions, terms, or funding of the ERF Program and this Agreement.

2.3 The Subcontractor shall comply with all terms and conditions set forth in this Agreement, including those contained in the ERF Standard Agreement and its associated exhibits, which are incorporated herein by this reference and attached hereto as Exhibit "E " for convenience. Compliance with these requirements must be demonstrated to the satisfaction of HCD as a condition precedent to the disbursement of Grant Funds. All expenditures made under this Agreement shall align with the legislative intent of the authorizing statute and shall prioritize the safety and well -being of individuals experiencing homelessness residing in encampments. The Subcontractor shall ensure compliance with data and performance tracking through the Homeless Management Information System (HMIS).

2.4 The City shall reimburse the Subcontractor for eligible services rendered under this Agreement, as described in Exhibit "A" – Scope of Services, in an amount not to exceed $600,000 in ERF- 3-R grant funding (“Grant Funds”).

This amount is designated for the delivery of permanent housing services and covers subcontractor-led activities including housing identification, case management, housing navigation, landlord engagement, program oversight, and coordination of client move- in support. These services are intended to facilitate the transition of up to 60 individuals residing in the City’s prioritized Waterman Avenue encampment area into permanent housing placements.

This compensation represents the Procured Subcontractor component of the City's Rapid Rehousing Program and covers subcontractor -delivered services including:

• Eligibility assessments and housing plans
• Case management and housing navigation
• Housing search and placement activities
• Lease-up assistance and move-in support
• Landlord engagement and relationship building
• Program oversight and coordination
• Linkage to supportive services

These services are intended to facilitate the successful transition of up to sixty (60) individuals residing in the City's prioritized Waterman Avenue encampment area into permanent housing placements, with participants receiving personalized support throughout the rehousing process.

2.5 In coordination with the City's Housing and Homelessness Division, the Subcontractor shall facilitate the administration of an additional Seven Hundred Ninety -Two Thousand Four Hundred Thirty -Two Dollars ($792,432) in ERF- 3-R Grant Funds designated for the Rental Assistance and Landlord Incentives component of the Rapid Rehousing Program.

These funds represent direct financial assistance separate from the Subcontractor's compensation and shall be managed in accordance with Exhibit "A," and HSC Sections 50250–50254, HCD program guidance, and the City's grant monitoring and documentation requirements.

The funds shall be utilized exclusively for: Rental Subsidies - $693,378: Six (6) months of rental subsidies and security deposits for program participants, calculated based on local Fair Market Rents (FMR):

• Fifty-four (54) one-bedroom units at $1,611 per month for 6 months ($608,958)
• Six (6) two -bedroom units at $2,010 per month for 6 months ($84,420)

Landlord Incentives - $99,054: One-time incentive payments equivalent to up to one month's rent per vacant unit based on Fair Market Rents ($1,611 per one-bedroom unit; $2,010 per two-bedroom unit) to encourage landlord participation in housing high-barrier individuals and expedite permanent housing placements.

All rental subsidies and landlord incentives shall be paid directly to participating landlords. The Subcontractor shall coordinate with the City to ensure proper documentation and compliance with ERF-3-R grant requirements. Disbursement procedures, rates, and eligibility requirements are detailed in Exhibit "B" – Rate Sheet.

No extensions or escalations of the six-month rental subsidy period are permitted under this Program. No City General Funds shall be used or allocated as a funding source under this Agreement.

ARTICLE 3 - RESPONSIBILITIES OF CITY

3.1 The City shall make available to the Subcontractor information in its possession that may reasonably assist the Subcontractor in providing the Services.

3.2 The City hereby designates Gabriela Leon as its authorized representative for purposes of administering and overseeing the Subcontractor’s performance under this Agreement. This individual shall have the authority to act on behalf of the City in all matters pertaining to this Agreement. The City reserves the right to designate a different representative at any time by providing written notice to the Subcontractor.

ARTICLE 4 - PERFORMANCE OF SERVICES

4.1 The Subcontractor shall perform and complete the Services in a prompt, diligent, and professional manner, in accordance with the schedule and requirements set forth in Exhibit "A" – Scope of Services, which is attached hereto and incorporated herein by this reference.

4.2 The term of this Agreement shall commence on the Effective Date and shall continue in effect until June 30, 2027, unless earlier terminated in accordance with the provisions of this Agreement. The Subcontractor shall complete all Services and fully expend all Grant Funds by June 30, 2027.

4.3 The Subcontractor shall provide all necessary information and documentation required by the City to ensure compliance with the reporting, performance measurement, and audit requirements of the ERF Program.

This includes, but is not limited to, the submissi on of quarterly reports and a comprehensive Final Work Product by June 30, 2027

4.4 The Subcontractor shall utilize the local Homeless Management Information System ("HMIS") to track all ERF -funded projects, services, and clients served. HMIS data shall be collected and maintained in accordance with applicable laws, regulations, and data privacy standards and shall clearly identify the services and individuals supported by ERF funding.

4.5 The Subcontractor shall implement and administer the Rapid Rehousing Program in accordance with the goals, requirements, and timelines of the ERF-3-R, including but not limited to the following:

a. Accepting referrals directly from designated ERF- funded City staff positions responsible for managing participant identification and intake coordination within the 5.2-mile prioritized encampment area.

b. Providing individualized housing navigation and case management services to referred participants, with a focus on reducing barriers and promoting long- term housing stability, consistent with Housing First principles.

c. Coordinating and facilitating housing placement activities, including lease-up support, move-in assistance, and access to supportive services, to assist up to 60 participants in securing permanent housing.

d. Administering rental subsidies and landlord incentives as outlined in the approved program budget, ensuring disbursement in compliance with ERF program guidelines and City fiscal procedures.

e. Collaborating with the City and other ERF- funded service partners to ensure integrated service delivery, performance tracking, and coordinated housing interventions.

f. Ensuring all ERF-3-R program funds are fully obligated no later than June 30, 2025, and that all program activities and required documentation are completed by the end of the Agreement term on June 30, 2027.

ARTICLE 5 - PAYMENTS TO SUBCONTRACTOR

5.1 Subcontractor Service Compensation: The Subcontractor shall receive compensation for services rendered under this Agreement in an amount not to exceed Six Hundred Thousand Dollars ($600,000) in ERF-3-R grant funding. This compensation covers all subcontractor services i ncluding housing placement, case management, landlord engagement, and program coordination as detailed in Exhibit "A" – Scope of Services.

5.2 Rental Assistance Administration: The Subcontractor shall administer Seven Hundred Ninety -Two Thousand Four Hundred Thirty -Two Dollars ($792,432) in ERF-3-R grant funding designated for direct rental assistance and landlord incentives. These funds constitute pass -through payments that shall be disbursed directly to participating landlords and property owners. The Subcontractor receives no compensation from these funds but serves as the administrative agent for their proper distribution in accordance with program requirements.

5.3 Total Program Value: The total value of ERF- 3-R funding under this Agreement is One Million Three Hundred Ninety -Two Thousand Four Hundred Thirty-Two Dollars ($1,392,432), representing the combined value of Subcontractor service compensation ($600,000) and rental assistance funds ($792,432).

5.4 The Subcontractor shall submit quarterly reports to the City detailing the Services provided during the preceding quarter. These reports shall include, but are not limited to, a summary of activities performed, client identification and status, service del ivery dates, the value and type of resources expended, and any other information required by HCD.

Additional reporting and auditing requirements associated with the ERF are set forth in Exhibit "C" – ERF Program Reporting, which is attached hereto and incorporated herein by this reference.

5.5 To ensure proper financial oversight, compliance with HCD expenditure guidelines, and the timely disbursement of ERF funds, the City has established an escrow account as a controlled financial management mechanism. The escrow account serves as the designated holding account for ERF funds, allowing payment of contracted services and timely disbursement for eligible program activities. The City’s Housing and Homelessness Division shall oversee the escrow account to ensure compliance with ERF financial management protocols, proper documentation, and adherence to HCD grant requirements.

A. The Subcontractor shall submit detailed reimbursement requests to the Housing and Homelessness Division, including supporting documentation such as invoices, receipts, proof of Services rendered, and other financial records to validate expenditures. The Housing and Homelessness Division shall review and verify reimbursement requests to ensure that expenditures align with ERF funding guidelines and the approved budget. If discrepancies are identified, the request shall be returned to the Subcontractor for correction or additional documentation.

Once a request is approved, the Housing and Homelessness Division shall submit an Escrow Wire Form to the escrow account manager, who will validate the request and process the wire transfer within two (2) business days . The City shall maintain a detailed record of all disbursements, ensuring compliance with audit and financial reporting requirements.

B. All disbursements from the escrow account must be pre-approved by the City, and funds shall only be released for verified, eligible expenditures under the ERF program. The Subcontractor's failure to comply with reimbursement and escrow account procedures may result in reimbursement delays.

5.6 All ERF funds must be fully expended by June 30, 2027. Any unexpended funds remaining after this date shall be returned to the City within fifteen (15) calendar days for reversion to HCD. The City may coordinate with HCD to request an extension; however, the approval of any such extension is solely at HCD’s discretion and subject to its determination of eligibility and justification.

5.7 If, at any time during the term of this Agreement, the Subcontractor determines or anticipates that funds will remain unexpended at the conclusion of the Agreement term, the Subcontractor shall notify the City in writing. The Parties shall coordinate to assess the potential reallocation of such funds in a manner that ensures alignment with the service goals of the ERF and maximizes program impact.

5.8 All expenditures made under this Agreement shall be consistent with the legislative intent of the authorizing statute, with a focus on promoting the safety, stability, and wellness of individuals experiencing homelessness in encampments.

ARTICLE 6 - INSURANCE AND

INDEMNIFICATION

6.1 The Subcontractor shall maintain the following insurance coverage, as required by this Agreement, for the duration of its performance of services.

The Subcontractor shall not commence any services until the required insurance, as outlined below, has been obtained. Prior to the commencement of services, the Subcontractor shall provide the City with certificates of insurance and endorsements as evidence of compliance with these requirements. All insurance policies shall include a provision prohibiting cancellation or modification of the policy without at least thirty (30) days' prior written notice to the City.

A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to the City, or certification to the City that the Subcontractor is self-insured or exempt from the workers' compensation laws of the State of California. The Subcontractor shall execute and provide the City with Exhibit "D," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

B. Commercial General Liability insurance with carriers acceptable to the City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for bodily injury, personal injury, and property damage. City , its officers, officials, employees, and volunteers shall be named as additional insureds, and such insurance shall be primary and non -contributing to any insurance or self-insurance maintained by the City.

C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Subcontractor-owned, non- owned, and hired vehicles used in connection with Subcontractor's provision of the Services. The City, its officers, officials, employees, and volunteers shall be named as additional insureds, and such insurance shall be primary and non- contributing to any insurance or self-insurance maintained by the City.

D. Professional Liability (Errors and Omissions) Insurance appropriate to the Subcontractor's profession, with limits no less than One Million Dollars ($1,000,000) per occurrence or claim, Two Million Dollars ($2,000,000) aggregate.

E. Cyber Liability Insurance with carriers acceptable to the City in the minimum amount of Two Hundred Fifty Thousand Dollars ($250,000) per occurrence and aggregate. This insurance shall cover liability arising from data breaches, network security failures, and other cyber incidents related to the performance of the Services

6.2 The Subcontractor shall defend, indemnify, and hold harmless the City and its elected and appointed officials, employees, and agents from and against any and all claims, losses, and liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of Subcontractor, or its officers, employees, and agents in performing the Services.

ARTICLE 7 - CONFLICTS OF INTEREST

7.1 The Subcontractor covenants and represents that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of Services required under this Agreement. The Subcontractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

7.2 The Subcontractor agrees it is not a designated employee within the meaning of the Political Reform Act because the Subcontractor:

A. Does not make a governmental decision whether to:

(i) approve a rate, rule or regulation or adopt or enforce a City law; (ii) issue, deny, suspend, or revoke any City permit
license, application, certification, approval, order, or similar authorization or entitlement;
(iii) authorize the City to enter into, modify, or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study, or similar item; (vi) adopt or grant City approval of policies, standards, or guidelines for the City or for any subdivision thereof.

B. Does not serve in a staff capacity with the City and, in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for the City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.

7.3 The Subcontractor acknowledges that it may be required to file a Statement of Economic Interests (Form 700) if it is determined to be a "consultant" within the meaning of the Political Reform Act. The Subcontractor agrees to file such statement if requested by the City and to comply with all applicable requirements regarding disclosure of financial interests

7.4 The Subcontractor shall establish and make known to its agents and employees appropriate safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain.

ARTICLE 8 - GENERAL CONSIDERATIONS

8.1 No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the City to enforce at any time the provisions of this Agreement, or to require at any time performance by Subcontractor of this Agreement, shall in no way be construed to be a waiver of such provision nor to affect the validity of this Agreement or the right of City to enforce the provisions of this Agreement.

8.2 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement, the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party.

8.3 The Subcontractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement . Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result in City's immediate termination of this Agreement.

8.4 The Subcontractor is, for all purposes under the Agreement, an independent contractor and shall perform the Services as an independent contractor. Subcontractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Subcontractor have any authority, express or implied, to bind City to any obligation.

8.5 This Agreement may be terminated by the City or by Subcontractor in accordance with the terms set forth in the ERF Program Standard Agreement. Upon termination, Subcontractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to the City, copies (in both hard copy and electronic form, where applicable) of all project - related data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Subcontractor in performing the Services.

8.6 This Agreement is valid and enforceable only if sufficient funds are made available to HCD by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions, or statutes, regulations, or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms, or funding of this Agreement in any manner.

8.7 The Subcontractor shall maintain books, ledgers, invoices, accounts, and other records and documents evidencing costs and expenses related to the Services for a period of five (5) years after the termination of this Agreement. City and HCD shall have the right to review, obtain, and copy all records and supporting documentation pertaining to the performance of Services under the Agreement.

8.8 The Subcontractor 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 ERF program, the Subcontractor, its Subcontractors, and all eligible activities.

8.9 The Subcontractor agrees to comply with the Drug-Free Workplace Act of 1990 (Government Code Section 8350, et seq.) and have or will provide a drug-free workplace.

8.10 This Agreement, including the Exhibits incorporated herein by reference, represents the entire Agreement and understanding between the Parties as to the matters contained herein. Any amendment to this Agreement shall be in writing, approved by City and Subcontractor, and signed by City and Subcontractor.

8.11 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California

8.12 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein.

8.13 The Subcontractor shall utilize the local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served, ensuring that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients supported by ERF funding.

8.14 The Subcontractor shall comply with all reporting requirements as detailed in Exhibit C and E of the ERF Standard Agreement , including quarterly reports and a Final Work Product to be submitted by June 30, 2027.

8.15 The Subcontractor acknowledges that HCD maintains sole authority to determine if a Grantee or Subcontractor is acting in compliance with the program objectives and may direct actions to be taken to ensure compliance with this Agreement.

8.16 The Parties hereto hereby agree that electronic signatures are acceptable and shall have the same force and effect as original wet signatures.

ARTICLE 9 - ESCROW ACCOUNT

MANAGEMENT AND REIMBURSEMENT

PROCESS

9.1 With approval from the California Department of Housing and Community Development ("HCD"), and to ensure proper financial oversight, compliance with HCD expenditure guidelines, and the timely disbursement of Encampment Resolution Fund ("ERF") funds, the Ci ty has established an escrow account as a controlled financial management mechanism. This account shall serve as the designated holding account for ERF funds, allowing for the payment of contracted services and facilitating advance payments for eligible program activities under the ERF.

9.2 The City’s Housing and Homelessness Division shall be responsible for managing and overseeing the escrow account and ensuring full compliance with ERF financial management protocols. This includes reviewing and approving all reimbursement requests prior to submission to the escrow service provider. The Housing and Homelessness Division shall also ensure that all expenditures are consistent with ERF funding guidelines and the approved program budget, and shall maintain all required documentation to support audits, financial reconciliations, and compliance reporting in accordance with HCD and applicable local financial regulations.

9.3 The Subcontractor shall submit detailed reimbursement requests to the City’s Housing and Homelessness Division, accompanied by all required supporting documentation. Such documentation shall include, but is not limited to, invoices, receipts, proof of services rendered, and other relevant financial records necessary to substantiate the expenditure. The Housing and Homelessness Division shall r eview each reimbursement request to ensure compliance with ERF funding guidelines, verify the accuracy and completeness of the submission, and confirm that the requested reimbursement amount does not exceed the available balance in the escrow account. If discrepancies or deficiencies are identified, the reimbursement request shall be returned to the Subcontractor for correction or the submission of additional documentation prior to further consideration.

9.4 Upon verification and approval of a reimbursement request, the Housing and Homelessness Division shall prepare an ERF Reimbursement Request ("Escrow Wire Form"), which shall include the total reimbursement amount, recipient/vendor information, associated invoice numbers, a breakdown of payment categories, and a summary of the disbursement’s purpose. The request shall be subject to final review and approval by authorized City representatives. Once approved, the City shall submit the Escrow Wire Form to the escrow service provider for processing. The escrow service provider shall initiate a wire transfer to the Subcontractor within two (2) business days of receiving the approved request and shall issue a confirmation receipt, including the transaction referenc e number and payment confirmation details.

[SIGNATURES ON FOLLOWING PAGE]

SIGNATURE PAGE FOR HOMELESS RESOURCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND BENJAMIN E. JONES COMMUNITY RESOURCE CENTER

IN WITNESS WHEREOF, duly authorized representatives of City and Subcontractor have signed in confirmation of this Agreement.

CITY OF SAN BERNARDINO BENJAMIN E. JONES COMMUNITY RESOURCE CENTER

APPROVED BY:

Bill Gallardo
Interim City Manager

Date:

ATTESTED BY:

Paul E. Jones
President/Chief Executive Officer

Date:

Telicia Lopez, CMC
Acting City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP

EXHIBIT "A" SCOPE OF SERVICES

1. PROGRAM OVERVIEW
The Subcontractor shall implement a comprehensive Rapid Rehousing Program designed to transition sixty (60) individuals experiencing homelessness from the City's designated 5.2-mile prioritized encampment area along Waterman Avenue into stable, permanent housing. The Program shall operate from June 18, 2025, through June 30, 2027, utilizing Housing First principles and low-barrier approaches to maximize housing placement success.

2. ELIGIBILITY AND PARTICIPANT SERVICES
Target Population: Individuals residing in the designated Waterman Avenue encampment corridor, chronically homeless individuals, and high-barrier populations prioritized through coordinated entry and vulnerability assessments.

Eligibility Process: Conduct comprehensive screenings, complete housing assessments and individualized plans, coordinate with City outreach teams, and document determinations in HMIS within 48 hours.

3. HOUSING PLACEMENT AND LANDLORD SERVICES
Housing Search & Navigation: Conduct comprehensive housing searches within San Bernardino, identify available rental units meeting participant needs, assist with rental applications and documentation, coordinate inspections and lease negotiations.

Landlord Engagement: Develop relationships with private landlords and property managers, educate about program incentives, negotiate lease agreements, provide ongoing landlord support and liaison services, market incentive opportunities to expand housing inventory.

Lease-Up Assistance: Coordinate move-in processes including utilities and inspections, arrange transportation for housing searches, assist with furniture acquisition and household setup, ensure compliance with lease requirements and housing quality standards.

4. CASE MANAGEMENT AND SUPPORT SERVICES
Individualized Case Management: Provide intensive case management throughout program participation, develop individualized service plans addressing housing stability goals, conduct bi-weekly check-ins and progress assessments, coordinate crisis intervention and problem- solving support.

Supportive Services Coordination: Link participants to mental health services, substance use treatment, healthcare, employment assistance, benefits enrollment, community resources, transportation, childcare, and other essential services.

Housing Retention Support: Provide ongoing support to maintain housing stability, mediate landlord-tenant issues and prevent evictions, assist with lease renewals and transitions, develop participant self-sufficiency and independent living skills.

5. FINANCIAL ASSISTANCE COORDINATION
Rental Subsidy Administration: Coordinate with City for rental subsidy payments to landlords, verify rental amounts and Fair Market Rent compliance, process security deposits and move-in cost assistance, monitor payment schedules.

Landlord Incentive Processing: Facilitate incentive payments equivalent to one month's rent, document eligibility and process payment requests, maintain compliance records.

6. DATA MANAGEMENT AND REPORTING
HMIS Management: Enter all participant data into Homeless Management Information System, maintain accurate documentation of services, track housing placements and retention rates, ensure data privacy compliance.

Performance Reporting: Submit monthly progress reports to City Housing and Homelessness Division, track key performance indicators, document challenges and successes, participate in quarterly program reviews.

7. PROGRAM ADMINISTRATION AND OUTCOMES
Staffing & Operations: Maintain qualified staff with rapid rehousing experience, provide training on Housing First principles and trauma-informed care, ensure adequate staffing for 60 participants, maintain regular business hours with emergency availability.

Quality Assurance: Implement service delivery protocols, conduct case file reviews and documentation audits, ensure ERF-3-R grant compliance and HCD guideline adherence, participate in external monitoring.

Program Goals: Achieve 60 permanent housing placements from Waterman Avenue encampment, maintain minimum 80% housing retention rate at 6-month follow-up, demonstrate reduction in returns to homelessness, document successful community reintegration.

EXHIBIT "B" SCHEDULE OF CHARGES

1. OVERVIEW
The Subcontractor shall implement a Rapid Rehousing Program to transition sixty (60) individuals experiencing homelessness into permanent housing within the City's designated Waterman Avenue encampment area, operating under Housing First principles with low-barrier entry and individualized support services. The total program value is $1,392,432, consisting of $600,000 in direct service compensation to the Subcontractor and $792,432 in rental assistance funds that pass through to landlords with no compensation to the Subcontractor.

All expenditures must align with the program scope defined in Exhibit "A" and meet the allowability criteria of the ERF-3-R Standard Agreement and HCD fiscal guidelines.

2. SUBCONTRACTOR SERVICE BUDGET – CORE PROGRAM IMPLEMENTATION Total: $600,000.00
This section covers staffing, operating, and administrative costs associated with providing supportive housing services to individuals transitioning from the Waterman Avenue encampment.

3. RENTAL ASSISTANCE AND LANDLORD INCENTIVES BUDGET
Total: $792,432.00
This section represents the direct financial assistance portion of the program to support client housing outcomes. Funds will be administered by the subcontractor for rental subsidies and landlord engagement.

Subcontractor Service Budget – Permanent Housing Implementation Sum of Budget Direct Personnel Costs $409,656.00
Case Manager (Specialist) 0.5 FTE - Rate @ $20 $49,920.00 Case Manager (Specialist) 0.5 FTE - Rate @ $25 $62,400.00 Data & Reporting Specialist (HMIS) 0.5 FTE - Rate @ $20 $49,920.00 Housing Navigator 0.5 FTE - Rate @ $27 $75,816.00
Landlord Engagement Specialist 0.5 FTE - Rate @ $35 $87,360.00 Project Manager 0.5 FTE - Rate @ $30 $84,240.00
Program Operating Expenses $104,500.00
Communications (Internet & Phone) $3,500.00
Facility/Office Rent $32,500.00
Insurance $25,000.00
Mileage $19,000.00
Training & Professional Development $24,500.00
Administrative and Support Costs $85,844.00
Client Job Readiness $15,500.00
Indirect Cost $60,000.00
Office Supplies $10,344.00
Grand Total $600,000.00

4. PAYMENT SCHEDULE AND REPORTING REQUIREMENTS

4.1 Payment Terms
• Monthly reimbursement based on actual expenditures and documented services • Rental assistance payments made directly to landlords within 5 business days of lease execution
• Landlord incentive payments processed within 10 business days of successful housing placement
• All payments subject to submission of required documentation and compliance verification

4.2 Required Documentation
• Monthly expenditure reports with supporting receipts
• HMIS data reports showing participant progress and outcomes • Landlord payment documentation and lease agreement

ERF-3: Rapid Rehousing Total Budget
Delivery of Permanent Housing (Procured Subcontractor) $600,000 Procured Subcontractor Contract (Housing Placement Services) $600,000 Rapid Rehousing - Rental Assistance and Landlord Incentives $792,432 54 One-Bedroom Housing Units (Rental Assistance) $608,958 6 Two-Bedroom Housing Units (Rental Assistance) $84,420 Landlord Incentives for 60 Housing Placements $99,054
Grand Total $1,392,432
EXHIBIT "C" ERF-3 GRANT AUDITING,

REPORTING, AND REIMBURSEMENT TERMS

1. Financial Terms and Program Requirements:

As a Subcontractor of ERF-3-R funds, the organization shall adhere to all provisions established by the California Department of Housing and Community Development (HCD) under the Encampment Resolution Funding Program (Health & Safety Code Sections 50250 – 50254).

Expenditures must align with approved eligible activities under Exhibit B of the ERF Standard Agreement. The expenditures must be reasonable, necessary, and allocable to the ERF program.

2. Reimbursement Requests and Documentation:

Each reimbursement request must be submitted monthly and include the City -issued Reimbursement Coversheet. Submissions must be aligned with the approved budget categories in Exhibit B (Rate Sheet) and contain:
• Subrecipient Name, Agreement Number, Invoice Number
• Reporting Period (Month/Year)
• Total Amount Requested
• Certification Statement signed by an Authorized Official • Itemized supporting documentation (e.g., invoices, payroll, logs, receipts)

The official Reimbursement Coversheet template is attached below and must be used for all monthly submissions.

3. Monthly Billing Requirements:

Monthly submissions must include the following:
• Personnel costs: Timecards, payroll registers, benefits documentation • Case management costs: Client service logs, individualized service plan documentation • Housing navigation costs: Housing search records, lease-up assistance documentation, landlord contact logs
• Operational costs: Office rent receipts, utilities, communications, supplies, insurance invoices • Transportation: Mileage logs for client services, housing searches, and landlord visits • HMIS and technology costs: System licensing fees, equipment purchases/maintenance • Training and professional development: Staff training receipts, certification documentation • Rental assistance payments: Lease agreements, landlord payment records, Fair Market Rent verification
• Security deposits and move-in costs: Deposit receipts, utility connection documentation, move-in assistance records
• Landlord incentive payments: Incentive payment documentation, housing placement verification

4. Reporting and Performance Monitoring:

Quarterly reports shall include:
• Service data at anonymized, individual level
• HMIS reporting confirmation using HCD-supplied funding codes • Participation in HCD evaluations and final report submission by June 30, 2027

5. Record Retention and Audits:

Records related to expenditures and performance shall be retained for a minimum of five (5) years post-agreement termination. HCD, the City, or their designees reserve the right to audit and review all financial and programmatic records within 30 days’ notice.

6. Breach, Remedies, and Compliance:

Failure to comply with the above requirements may constitute a breach of agreement and may result in withholding of reimbursements. All costs deemed unallowable must be reimbursed to the City or HCD within a timeframe specified by the grantor.

Reimbursement Coversheet Template
This is an example format. The official template for the reimbursement coversheet will be shared by City staff and must be used for all monthly reimbursement submissions.

CITY OF SAN BERNARDINO
ENCAMPMENT RESOLUTION FUND (ERF) – RAPID REHOUSING PROGRAM ERF-3-R

SUBRECIPIENT REIMBURSEMENT REQUEST FORM
(Professional Services Agreement effective June 18, 2025) Agency Name: Date:

Address: Phone:

Invoice No.: Purchase Order:

Period Covered: Account #
Invoice Amount:

FUNDING SOURCE BUDGET AMOUNT
(AWARDED)

CURRENT AMOUNT

REQUESTED FOR

REIMBURSEMENT
TOTAL

REQUESTED

TO DATE - INCL

CURRENT

REMAINING

BALANCE
ERF-3-R $600,000.00 -$ 600,000.00$ 600,000.00$ -$ -$ -$ 600,000.00$ Rounding Error -
Signature of Preparer Email Date
Print Name of Authorized Supervisor, Executive Director, or Board Member Signature of Authorized Supervisor, Executive Director, or Board Member Date For City Use Only: Date Invoice Received Date Reviewed #1 Date Invoice Revised Date Reviewed #2
Review by: Date Reviewed - Final
Invoice Approved by: Invoice Amount Approved
Benjamin E. Jones

ELIGIBLE ACTIVITY
Core Program Implementation
$ - TOTAL PAYMENT REQUEST THIS INVOICE TOTAL
The undersigned certifies that the expenditures identified in this reimbursement request are true, correct, and allowable under the terms of the Professional Services Agreement effective June 18, 2025, and that said expenditures were incurred and paid during the period stated above. Supporting documentation (e.g., invoices, receipts, proof of payment, timecards, payroll registers, case management logs, housing placement records, HMIS reports) is attached as required under 2 CFR Part 200 and the Agreement.

EXHIBIT "D" WORKERS’ COMPENSATION

INSURANCE CERTIFICATION

Every employer, except the State, shall secure payment of compensation in one or more of the following ways:

(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self -insure, either as an individual employer or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

CHECK ONE

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure or a certification of workers’ compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

EXHIBIT “E’ ENCAMPMENT RESOLUTION FUNDING STANDARD AGREEMENT

This page has been intentionally left blank. Exhibit “E” begins on the following page.

Edona Evans
10/11/2024

City of San Bernardino
24-ERF-3-R-100006

EXHIBIT A

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024

AUTHORITY, PURPOSE, AND SCOPE OF WORK

1. Authority

The State of California has established the Encampment Resolution Funding Program (“ERF” or “Program”) pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code. ERF was amended by SB 197 (Statutes of 2022, Chapter 70, Sec.3-8, effective June 30, 2022).

The Program is administered by the California Department of Housing and Community Development (“HCD”) in the Business, Consumer Services and Housing Agency (“Agency”). ERF provides one-time, competitive grant funds to Continuums of Care and / or Local Jurisdictions as defined below. To date, there have been three rounds of the Encampment Resolution Funding Program. This Standard Agreement governs the Rolling Disbursement in Round 3 of the ERF Program (“ERF-3-R”). For this Standard Agreement, ERF-3-R is synonymous with “ERF” or “Program” and refers to programs and grantees under Health and Safety Code 50252.1(c)(1).

This Standard Agreement along with all its exhibits (“Agreement”) is entered into by HCD and a Continuum of Care or a Local Jurisdiction (“Grantee”) under the authority of, and in furtherance of, the purpose of the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the Notice of Funding Availability (“NOFA”) dated November 27, 2023, under which the Grantee applied, the representations contained in the Grantee’s application, HCD guidance or directives, and the requirements appearing in the statutory authority for the Program cited above.

2. Purpose

As stated in the NOFA, the Program’s objective is to fund actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments. Resolving these experiences of homelessness will necessarily address the safety and wellness of people within encampments, resolve critical encampment concerns, and transition individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using data informed, non-punitive, low-barrier, person-centered, Housing First, and coordinated approaches. These projects must comply with the principles of Housing First as defined in Welfare and Institutions Code section 8255. Proposals may bolster existing, successful models and/or support new approaches that provide safe stable, and ultimately permanent housing for people experiencing homelessness in encampments.

Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.

City of San Bernardino
24-ERF-3-R-100006

EXHIBIT A

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024

3. Definitions

The following Encampment Resolution Funding Program terms are defined in accordance with Health and Safety Code section 50250, Subdivisions (a) – (m);

A. “Additional funding round moneys” means moneys appropriated for the program in or after fiscal year 2022–23.

B. “Agency” means the Business, Consumer Services, and Housing Agency.

C. “Applicant” means a continuum of care or local jurisdiction.

D. “Continuum of Care” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.

E. “Council” means the California Interagency Council on Homelessness, previously known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.

F. “County” includes, but is not limited to, a city and county.

G. “Department” means the California Department of Housing and Community Development.

H. “Funding round 1 moneys” means moneys appropriated for the program in fiscal year 2021–22.

I. “Homeless” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.

J. “Local Jurisdiction” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.

K. “Program” means the Encampment Resolution Funding program established pursuant to this chapter.

L. “Recipient” means an applicant that receives grant funds from HCD for the purposes of the program.

M. “State right-of-way” means real property held in title by the State of California

Additional definitions for the purposes of ERF program:

City of San Bernardino
24-ERF-3-R-100006

EXHIBIT A

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
“Grantee” is “a Continuum of Care or a Local Jurisdiction that receives grant funds from HCD for the purposes of the program. Grantee is synonymous with “Recipient.”

“Subrecipients” or “Subgrantees” are entities that receive subawards from “Recipients” or “Grantees” to carry out part of the Program.

“Expended” means all ERF funds obligated under contract or subcontract that have been fully paid and receipted, and no invoices remain outstanding.

“Obligate” means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using ERF funding.

Grantees must expend and obligate the funds by the statutory deadlines set forth in this Exhibit A.

4. Scope of Work

This Scope of Work identifies the terms and conditions necessary to accomplish the Program’s intended objectives.

As detailed in Exhibit A.2, the Program’s objective is to fund grantees to implement actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments.

Grantees will implement their ERF funded local proposals in compliance with the terms and conditions of this Agreement, the NOFA under which the Grantee applied, the representations contained in the Grantee’s application, HCD guidance and directives, and the requirements per the authorizing statute.

Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.

Permissible eligible uses and activities are detailed below in Exhibit B, Budget Details and Payment Provisions.

Grantees are expected to be close partners with HCD. This means timely and accurate reporting, candid communication of successes and challenges, and availability of persons, information, or materials.

Quarterly reporting requirements are detailed below in Exhibit D.4, Reporting, Evaluation, and Audits.

Fiscal deadlines are detailed below in Exhibit A.6, Effective Date, Term of Agreement, and Deadlines.

City of San Bernardino
24-ERF-3-R-100006

EXHIBIT A

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
Grantees shall complete a Final Work Product (as detailed below in Exhibit A.6.D) and participate in a program evaluation regarding their implementation of ERF awards. To support this effort, HCD will make Technical Assistance available.

HCD maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and HCD’s discretion in making these determinations are absolute and final.

5. HCD Contract Coordinator

HCD’s Contract Coordinator for this Agreement is HCD’s Grant Program Design Section Chief or the Grant Program Design Section Chief’s designee. Unless otherwise instructed, any communication shall be conducted through email to the HCD Contract Coordinator or their designee. If documents require an original signature, the strongly preferred form is an e-Signature in accordance with the Uniform Electronic Transactions Act (UETA). If an Awardee is unwilling or unable to sign a document electronically, HCD shall accept wet or original signed documents. These documents containing wet signatures should be both mailed to HCD and scanned and emailed as instructed. State law or policy may require the use of wet signatures for specific documents. The Representatives during the term of this Agreement will be:

PROGRAM GRANTEE
ENTITY: California Department of Housing
and Community Development City of San Bernardino
SECTION/UNIT: Policy and Program Support
ADDRESS: 651 Bannon Street, Suite 400
Sacramento, CA, 95811
290 North D Street, 3rd Floor.

San Bernardino, CA, 92401

CONTRACT
COORDINATOR Jeannie McKendry Cassandra Searcy
PHONE
NUMBER: (916) 490-9589 (909) 384-7270
EMAIL
ADDRESS:

[email protected]
[email protected] [email protected]

City of San Bernardino
24-ERF-3-R-100006

EXHIBIT A

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
The Department reserves the right to change their HCD Contract Coordinator, designee, contract administering entity, and / or contact information at any time with reasonable notice to the Grantee.

All requests to update the Grantee information listed within this Agreement shall be emailed to the HCD grant’s general email box at
[email protected].

Notice to either party may be given by email. Such notice shall be effective when received as indicated on email. Changes to the HCD Contract Coordinator, designee, and / or contact information or grantee information can be made without a formal amendment.

6. Effective Date, Term of Agreement, and Deadlines

A. This Agreement is effective upon execution by HCD, which includes signature from the Grantee and HCD. This is indicated by the HCD provided signature and date on the second page of the accompanying STD. 213, Standard Agreement.

B. Performance shall start no later than 30 days, or on the express date set by HCD and the Grantees, after all approvals have been obtained and the Grant Agreement is fully executed. Should the Grantee fail to commence work at the agreed upon time, HCD, upon five (5) days written notice to the grantee, reserves the right to terminate the Agreement.

C. Grantees will continue to perform until the Agreement is terminated, including data reporting and participation in program evaluation activities, as needed.

D. This Agreement will terminate on April 15, 2029.

Grantees shall submit a Final Work Product by April 1, 2028. The Final Work Product will include programmatic and fiscal data and a narrative on the outputs and outcomes of the program on a reporting template to be provided by HCD.

HCD will review submitted Final Work Products and collaborate with Grantees to cure any deficiencies by April 15, 2029.

Grantees are expected to continue performing until April 15, 2029. This means timely and accurate reporting, candid communication of success or shortcomings, and availability of persons, information, or materials.

E. Expenditure and Obligation Deadlines:

City of San Bernardino
24-ERF-3-R-100006

EXHIBIT A

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024

1) Grantees shall expend no less than 50 percent and obligate 100 percent of Program funds by June 30, 2025.

2) Grantees that have not obligated 100 percent of their Program funds by June 30, 2025, shall submit an alternative disbursement plan to HCD for approval no later than July 30, 2025. This alternative disbursement plan should detail the explanation for the delay and plans for all future obligations and expenditures.

3) Grantees not meeting the requirements outlined in (i) may be subject to additional corrective action, as determined by HCD.

4) All Program funds (100 percent) shall be expended by June 30, 2027.

Any funds not expended by this date shall revert to the fund of origin pursuant to HSC Section 50253(e)(5).

City of San Bernardino
24-ERF-3-R-100006

EXHIBIT B

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Payee

Name: City of San Bernardino Amount: $4,569,511.00

2. General Conditions Prior to Disbursement

All Grantees must submit the following completed forms prior to ERF being released:

A. Request for Funds Form (“RFF”)

B. STD 213 Standard Agreement form and Exhibits A, B, D and E

C. STD 204 Payee Data Record or Government Agency Taxpayer ID Form

3. Disbursement of Funds

ERF will be disbursed to the Grantee in one allocation upon receipt, review and approval of the completed Standard Agreement and RFF by HCD.

The RFF must include the proposed eligible uses and the amount of funds proposed to be expended.

4. Budget Details and Expenditure of Funds

The Grantee shall expend Program funds on eligible uses and activities as detailed in the submitted, approved budget. HCD reserves the right to direct specific line-item changes in the originally submitted Application budget or subsequently submitted budgets.

A. Budget Changes

1) Process:

Budget modification requests should be made as part of the quarterly report process. These requests will be reviewed in the first week after quarterly reports are received. HCD may consider budget change requests outside of this process, through email as needed due to documented, exigent circumstances. Grantees carry the burden to anticipate foreseeable budget change requests and should plan accordingly.

City of San Bernardino
24-ERF-3-R-100006

EXHIBIT B

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
HCD reserves the right to amend or adjust this process as necessary.

2) Conditions requiring a budget modification request:

Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by HCD so long as the total expenditures (actual and projected) for each eligible use category remain the same as approved in the standardized budget.

Any decrease or increase to the total expenditures for any eligible use category must be approved by HCD’s Grant Program Design Section Chief or their designee, in writing, before the Grantee may expend Program funds according to an alternative standardized
budget. The Grants Program Design Section Chief will respond to Grantee with approval or denial of request. Failure to obtain written approval from HCD as required by this section may be considered a breach of this Agreement. A breach of this agreement may result in remedies listed below in Exhibit D.6, Breach and Remedies.

Regardless of an increase or decrease of an expenditure amount, any significant or material programmatic or fiscal change shall be submitted to HCD for prior approval.

B. Eligible Uses

Eligible uses and activities must be consistent with HSC Sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, HCD guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2, Purpose.

Eligible uses and activities include, but are not limited to, the following:

Rapid Rehousing: Rapid rehousing, including housing identification services, rental subsidies, security deposits, incentives to landlords, and holding fees for eligible persons, housing search assistance, case management and facilitate access to other community-based services.

Operating Subsidies: Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.

City of San Bernardino
24-ERF-3-R-100006

EXHIBIT B

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
Street Outreach: Street outreach to assist eligible persons to access crisis services, interim housing options, and permanent housing and services.

Services Coordination: Services coordination, which may include access to workforce, education, and training programs, or other services needed to improve and promote housing stability for eligible persons, as well as direct case management services being provided to persons.

Systems Support: Systems support for activities that improve, strengthen, augment, complement, and/or are necessary to create regional partnerships and a homeless services and housing delivery system that resolves persons’ experiences of unsheltered homelessness.

Delivery of Permanent Housing: Delivery of permanent housing and innovative housing solutions, such as unit conversions that are well suited for eligible persons.

Prevention and Shelter Diversion: Prevention and shelter diversion to permanent housing, including flexible forms of financial assistance, problem solving assistance, and other services to prevent people that have been placed into permanent housing from losing their housing and falling back into unsheltered homelessness. This category is only available to serve people who were formerly residing in the prioritized ERF encampment site.

Interim Sheltering: Interim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing non-congregate shelters, and operations of existing navigation centers and shelters based on demonstrated need that are well suited for eligible persons.

Improvements to Existing Emergency Shelters: Improvements to existing emergency shelters to lower barriers, increase privacy, better address the needs of eligible persons, and improve outcomes and exits to permanent housing.

Administration: up to 5% of awarded Program funds may be applied to administrative costs.

Program funds shall not be expended on Site Restoration or other Ineligible Costs as detailed immediately below.

5. Ineligible Costs

City of San Bernardino
24-ERF-3-R-100006

EXHIBIT B

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
ERF shall not be used for costs associated with activities in violation, conflict, or inconsistent with Health and Safety Code sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, HCD guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2, Purpose.

Moreover, no parties to this contract nor their agents shall directly or indirectly use ERF awards for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. ERF funded activities that cause a traumatic effect are inconsistent with ensuring the safety and wellness of people experiencing homelessness in encampments.

HCD, at its sole and absolute discretion, shall make the final determination regarding the allowability of ERF expenditures.

HCD reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use ERF funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to HCD at an amount and timeframe determined by HCD.

An expenditure which is not authorized by this Agreement, or by written approval of HCD, or which cannot be adequately documented, shall be disallowed, and must be reimbursed to HCD by the Grantee at an amount and timeframe determined by HCD.

Program funds shall not be used to supplant existing local funds for homeless housing, assistance, prevention, or encampment resolution.

Unless expressly approved by HCD in writing reimbursements are not permitted for any Program expenditures prior to this Agreement’s date of execution.

City of San Bernardino
24-ERF-3-R-100006

EXHIBIT D

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024

ERF GENERAL TERMS AND CONDITIONS

1. Termination and Sufficiency of Funds

A. Termination of Agreement

HCD may terminate this Agreement at any time for cause by giving a minimum of 14 days’ notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, violation of any federal or state laws; or withdrawal of HCD’s expenditure authority as described in Exhibit D, Breach and Remedies. Violation of any federal or state laws; or withdrawal of HCD’s expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by HCD, any unexpended funds received by the Grantee shall be returned to HCD within 30 days of HCD’s specified date of termination.

B. Sufficiency of Funds

This Agreement is valid and enforceable only if sufficient funds are made available to HCD by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.

2. Transfers

Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit D.12, Special Conditions – Grantees/Subgrantee or with the prior written approval of HCD and a formal amendment to this Agreement to affect such subcontract or novation.

3. Grantee’s Application for Funds

Grantee submitted a standardized budget to HCD as part of their application for the Program.

Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee’s knowledge. In the event that any part of the application, or any approved modification or addition thereto is untrue, incorrect, City of San Bernardino
24-ERF-3-R-100006

EXHIBIT D

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
incomplete, or misleading in such a manner that would substantially affect HCD approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then HCD may declare a breach of this Agreement and take such action or pursue such remedies as are legally available.

4. Reporting, Evaluation, and Audits

A. Reporting Requirements

1) Timing and Format of Reports.

Grantee is required to provide HCD or its agents with all data and outcomes that may inform an assessment of the funded proposal.

Grantees shall report quarterly and have one Final Work Product submitted prior to this Agreement’s termination.

The quarterly reports shall be submitted on a template to be provided by HCD at least 90 days prior to the first reporting deadline. HCD may request interim reports as needed and will provide no less than 30 days’ notice to Grantees.

2) Required Data

Grantees will be required to provide, at minimum:

• Outreach and service path data at the anonymized, individual level. • Current housing status of persons served in the aggregate. • Status of funding as presented in the HCD approved, standardized budget.
• Continued confirmation that projects receiving ERF funds are populated timely into HMIS and use HCD supplied funding codes.

HCD’s discretion in identifying which information shall be included in these reports is final. Grantees shall also report information in the form and manner required by HCD. Failure to comply will be considered a breach.

Pursuant to HSC Section 50254, grantees shall provide data elements, including, but not limited to, health information, in a manner consistent with state and federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System.

City of San Bernardino
24-ERF-3-R-100006

EXHIBIT D

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
Pursuant to HSC Section 50254(b)(3), Grantees shall report individual, client-level data for persons served by grant funding to HCD, in addition to any data reported through local Homeless Management Information System, as required by HCD for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.

Grantees shall comply with the data entry requirements of AB 977, located at Welfare and Institutions Code section 8256(d).
3) HCD usage of Reports
Pursuant to HSC Section 50254(b)(4), HCD may use information reported directly from grantees and through statewide Homeless Data Integration System for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.

4) Failure to Report

If the Grantee fails to provide any such report, HCD may recapture any portion of the amount authorized by this Agreement with a 14-day written notification.

B. Evaluation

1) At HCD’s discretion, Grantees shall participate in a program evaluation regarding their implementation of ERF awards. To support this effort, HCD will contract a third party to complete the evaluation.

2) Grantees are expected to be close partners with HCD for this program evaluation and for all evaluative aspects of this Program. This means timely and accurate reporting, candid communication of successes or challenges, and availability of persons, information, or materials. More specifically, Grantees must cooperate with HCD, or its designee as reasonably required to implement an evaluation plan. This includes providing or facilitating the collection of data and materials as reasonably requested by HCD or its designee.

3) For the purpose of evaluation, HCD or its designee may visit sites related to the project and film, tape, photograph, interview, and otherwise document Grantee’s operations during normal business hours and with reasonable advance notice.

City of San Bernardino
24-ERF-3-R-100006

EXHIBIT D

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
4) Grantees should maintain active data, documents, and filings in anticipation of this evaluation. Special care should be taken to organize and preserve internal work products that guided implementation by the Grantee or subgrantee.

5) Grantees shall notify HCD and provide copies of any reports or findings if Grantee conducts or commissions any third-party research or evaluation regarding their funded project.

6) All terms and conditions that apply to reporting similarly apply to evaluation.

C. Auditing

HCD reserves the right to perform or cause to be performed a financial audit. At HCD request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. Should an audit be required, the Grantee shall adhere to the following conditions:

1) The audit shall be performed by an independent certified public accountant.

2) The Grantee shall notify HCD of the auditor’s name and address immediately after the selection has been made. The contract for the audit shall allow access by HCD to the independent auditor’s working papers.

3) The Grantee is responsible for the completion of audits and all costs of preparing audits.

4) If there are audit findings, the Grantee must submit a detailed response acceptable to HCD for each audit finding within 90 days from the date of the audit finding report.

5. Inspection and Retention of Records

A. Record Inspection

HCD or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement.

The Grantee agrees to provide HCD, or its designee, with any relevant information requested within 30 days of a written request.

City of San Bernardino
24-ERF-3-R-100006

EXHIBIT D

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
The Grantee agrees to give HCD or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the ERF laws, HCD guidance or directives, and this Agreement.

B. Record Retention

The Grantee further agrees to retain all records described in subparagraph A for a minimum period 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. Public Records Act

The grantees’ final ERF-3-R application, this contract, and other documents related to the grant are considered public records, which are available for public viewing pursuant to the California Public Records Act Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.

6. Breach and Remedies

A. Breach of Agreement

Breach of this Agreement includes, but is not limited to, the following events:

1) Grantee’s failure to comply with the terms or conditions of this Agreement.

2) Use of, or permitting the use of, Program funds provided under this Agreement for any ineligible activities.

3) Any failure to comply with the deadlines set forth in this Agreement.

B. Remedies for Breach of Agreement

In addition to any other remedies that may be available to HCD in law or equity for breach of this Agreement, HCD may:

City of San Bernardino
24-ERF-3-R-100006

EXHIBIT D

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
1) Conduct program monitoring which will include a corrective action plan (CAP) with findings, remedies, and timelines for resolving the findings.

2) Bar the Grantee from applying for future ERF funds.

3) Revoke any other existing ERF award(s) to the Grantee.

4) Require the return of any unexpended ERF funds disbursed under this Agreement.

5) Require repayment of ERF funds disbursed and expended under this Agreement.

6) Require the immediate return to HCD of all funds derived from the use of ERF.

7) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with ERF requirements.

C. All remedies available to HCD are cumulative and not exclusive.

D. HCD may give written notice to the Grantee to cure the breach or violation within a period of not less than 14 days.

7. Waivers

No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of HCD to enforce at any time the provisions of this Agreement, or to require at any time performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of HCD to enforce these provisions.

8. Nondiscrimination

During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state or federal law.

City of San Bernardino
24-ERF-3-R-100006

EXHIBIT D

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, Section 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, Section 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Section 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

9. Conflict of Interest

All Grantees are subject to state and federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code Section 1090 and Public Contract Code Sections 10410 and 10411.

A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services.

B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve- month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.

C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, Section 81000 et seq.).

City of San Bernardino
24-ERF-3-R-100006

EXHIBIT D

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024

D. Representatives of a County: A representative of a County serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the County.

10. Drug-Free Workplace Certification

Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, Section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

Publish a statement notifying employees and subrecipients that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code Section 8355, subdivision (a)(1).

A. Establish a Drug-Free Awareness Program, as required by Government Code Section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following:

1) The dangers of drug abuse in the workplace.

2) Grantee’s policy of maintaining a drug-free workplace.

3) Any available counseling, rehabilitation, and employee assistance program.

4) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations.

B. Provide, as required by Government Code Section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement:

1) Will receive a copy of Grantee’s drug-free policy statement, and

2) Will agree to abide by terms of Grantee’s condition of employment or City of San Bernardino
24-ERF-3-R-100006

EXHIBIT D

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
subcontract.

11. Child Support Compliance Act

For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:

A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and

B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

12. Special Conditions – Grantees/Subgrantee

The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions shall be met to the satisfaction of HCD prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of ERF. Failure to comply with these conditions may result in termination of this Agreement.

A. The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to:

1) Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.

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

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

City of San Bernardino
24-ERF-3-R-100006

EXHIBIT D

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
4) Agree to include and enforce all the terms of this Agreement in each subcontract.

13. Compliance with State and Federal Laws, Rules, Guidelines and Regulations

The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the ERF program, the Grantee, its subrecipients, and all eligible activities.

Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to HCD upon request.

14. Inspections

A. Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.

B. HCD reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.

C. Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected.

15. Litigation

A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of HCD, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable.

City of San Bernardino
24-ERF-3-R-100006

EXHIBIT D

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
B. The Grantee shall notify HCD immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or HCD, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of HCD.

City of San Bernardino
24-ERF-3-R-100006

EXHIBIT E

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024

SPECIAL TERMS AND CONDITIONS

1. All proceeds from any interest-bearing account established by the Grantee for the deposit of funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of funds, must be used for eligible activities. Grantees must maintain records of all expenditures of the proceeds from these interest-bearing accounts for five (5) years and report on these expenditures as required by HCD. HCD reserves the right to perform or cause to be performed a financial audit on the use of proceeds from interest bearing accounts.

2. Grantee shall utilize its local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by funding (e.g., by creating appropriate ERF-specific funding sources and project codes in HMIS).

3. Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System, in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code Section 50254. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act. For purposes of this paragraph, “health information” means “protected health information,” as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code. The Council or HCD may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement.

4. Grantee agrees to accept technical assistance as directed by HCD or by a contracted technical assistance provider acting on behalf of HCD. Grantee will report to HCD on programmatic changes the Grantee will make as a result of the technical assistance and in support of their grant goals.

5. Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience.

City of San Bernardino
24-ERF-3-R-100006

EXHIBIT E

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024

6. HCD maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Per HSC Section 50252.1(d), HCD has authority to:

A. Monitor grantee performance.

B. Require a grantee not meeting goals to accept technical assistance from the Department.

C. Limit the allowable uses of program funds for a grantee that is not meeting goals.

7. Grantees will be provided reasonable notice and HCD’s discretion in making these determinations are absolute and final.

8. Non-Bond Funded
The Department represents that the intent of Exhibit D.1.B, Sufficiency of Funds is only to preserve the legislature’s ability to make changes to appropriations and matters that are lawfully subject to change through the Budget Act. The Department represents and warrants that as of the date of this Agreement the non-bond funds referenced in the Encampment Resolution Funding Program, Round 3 Notice of Funding Application dated November 27, 2023, for this Agreement are appropriated to and available for the purposes of this Agreement, and further, that upon execution of this Agreement said funds are deemed allocated to and encumbered for the purposes described in this Agreement and shall not be terminated or reduced as a result of Exhibit D.1.B, Sufficiency of Funds once construction has commenced in compliance with Program requirements and in accordance with the construction commencement requirements within this Agreement. If not continuously appropriated, said funds must still be disbursed prior to any applicable disbursement or expenditure deadline set forth in this Agreement.