HomeMy WebLinkAboutContracts & Agreements_220-2024HOMELESS RESOURCE SERVICES AGREEMENT
This agreement for the provision of Case Management Services related to maintaining and
operating a Project HomeKey facility in Redlands, California ("Agreement') is made and entered
in this 17th day of December 2024 ("Effective Date"), by and between the City of Redlands, a
municipal corporation ("City") and Step Up on Second Street, Inc., a California nonprofit public
benefit corporation ("Provider"). City and Provider are sometimes individually referred to herein
as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained
herein, City and Provider agree as follows:
ARTICLE 1 — ENGAGEMENT OF PROVIDER
1.1 This Agreement is being fimded by a Homeless Housing Assistance and Prevention
Program (HHAP 4) Grant from the County of San Bernardino utilizing Step Up on Second
as a subcontractor to provide Case Management Services at the Step Up In Redlands
Homekey project.
1.2 City hereby engages Provider to provide case management services related to maintaining
and operating a Project HomeKey facility in Redlands, California, and services for City
(the "Services").
1.3 The Services shall be performed by Provider in a professional manner, and Provider
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional Providers in the industry providing like and similar types of Services.
ARTICLE 2 — SERVICES OF PROVIDER
2.1 The Services that Provider shall provide are more particularly described in Exhibit "A,"
titled, "Scope of Services," which is attached hereto and incorporated herein by this
reference.
2.2 Provider shall comply with applicable federal, state, and local laws and regulations in the
performance of this Agreement including, but not limited to, any applicable State
prevailing wage laws. This Agreement is subject to any additional restrictions, limitations,
conditions or statutes, regulations or any other laws whether federal, State of California or
any agency, department or any political subdivision of the federal or State of California
which may affect the provisions, terms or funding and this Agreement in any manner.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City shall make available to Provider information in its possession that may reasonably
assist Provider in providing the Services.
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3.2 City designates David Rabindranath, Homeless Solutions Manager, as City's
representative with respect to performance of the Services, and such person shall have the
authority to transmit instructions, receive information, interpret, and define City's policies
and decisions with respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4.1 Provider shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit 'A" titled, "Scope of Services"
("Services") which is attached hereto and incorporated herein by this reference.
4.2 The term of this Agreement shall be for a period of no more than two (2) years commencing
as of the Effective Date, or rmless terminated earlier as provided herein,
4.3 Provider shall provide all information required by City to conform to the reporting and
auditing requirements of the HHAP 4 Grant as shown in Exhibit `B", for which Services
are associated as required by this Agreement. Submission of monthly expenditure report
must be provided to the City no later than 15 days after the end of each month
4.4 If Provider's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to City, consistent with City
Council -adopted policy for the same. It shall be the obligation of Provider to obtain a copy
of such policy from City staff.
ARTICLE 5 — PAYMENTS TO PROVIDER
5.1 Total compensation for Contractor's performance of the Services shall not exceed the
amount of Three Hundred Thousand Dollars ($300,000). City shall pay Provider on a time
and materials basis up to the not to exceed amount in accordance with Exhibit "C," titled
"Rate Sheet," which is attached hereto and incorporated herein by this reference.
5.2 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return
receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or
(iv) on the date sent by facsimile or electronic mail transmission (including PDF), if
confirmed with a copy sent contemporaneously by first class, certified, registered or
express mail; in each case properly posted and fully prepaid to the appropriate address set
forth below, or such other address as a Party may provide notice in accordance with this
section:
CITY
PROVIDER
City Clerk
Tod Lipka, CEO
City of Redlands
Step Up on Second Street, Inc.
35 Cajon Street
1328 Second Street
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P.O. Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
(909)798-7531
Santa Monica, CA 90401
IGarcia@stepup.org
(909) 963-5335 Ext. 1999
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by
Provider for the duration of its performance of the Services. Provider shall not perform any
Services unless and until the required insurance listed below is obtained by Provider.
Provider shall provide City with certificates of insurance and endorsements evidencing
such insurance prior to commencement of the Services. Insurance policies shall include a
provision prohibiting cancellation or modification of the policy except upon thirty (30)
days prior written notice to City.
A. Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Provider is self -insured or exempt from the workers' compensation laws of
the State of California. Provider shall execute and provide 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. Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million
Dollars ($2,000,000) aggregate, for public liability, property damage and personal
injury is required. City shall be named as an additional insured and such insurance shall
be primary and non-contributing to any insurance or self-insurance maintained by 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 Provider owned vehicles used in
connection with Provider's provision of the Services, hired and non -owned vehicles,
and employee non -ownership vehicles. City shall be named as an additional insured
and such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by City.
6.2 Provider shall defend, indemnify, and hold harmless 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 Provider, or
its officers, employees and agents in performing the Services.
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ARTICLE 7 — CONFLICTS OF INTEREST
7.1 Provider covenants and represents that it does not have any investment or interest in any
real property that may be the subject of this Agreement or any other source of income,
interest in real property or investment that would be affected in any manner or degree by
the performance of Provider's Services. Provider 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 Provider agrees it is not a designated employee within the meaning of the Political Reform
Act because Provider:
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 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 City
or for any subdivision thereof.
B. Does not serve in a staff capacity with City and, in that capacity, participate in malting
a governmental decision or otherwise perform the same or substantially the same duties
for 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 In the event City determines that Provider must disclose its financial interests, Provider
shall complete and file a Fair Political Practices Commission Form 700, Statement of
Economic Interests, with the City Cleric's office pursuant to the written instructions
provided by the City Clerk.
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 City to enforce at any time the provisions of this
Agreement, or to require at any time, performance by Provider 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 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
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entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party.
8.3 Provider 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, results in City's immediate termination of this Agreement.
8.4 Provider is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor any of its agents shall
have control over the conduct of Provider or Provider's employees, except as herein set
forth. Provider shall supply all necessary tools and instrumentalities required to perform
the Services. Assigned personnel employed by Provider are for its account only, and in no
event shall Provider or personnel retained by it be deemed to have been employed by City
or engaged by City for the account of, or on behalf of City. Provider shall have no authority,
express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor
shall Provider have any authority, express or implied, to bind City to any obligation.
8.5 This Agreement may be terminated by either party, in its sole discretion, by providing not
less than thirty (30) days prior written notice to Provider or City of their intent to terminate.
If this Agreement is terminated, an adjustment to Provider's compensation shall be made,
but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2)
any payment due Provider at the time of termination may be adjusted to the extent of any
additional costs to City occasioned by any default by Provider. Upon receipt of a
termination notice, Provider 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 City, copies (in both hard copy and electronic form, where applicable) of
project related data, drawings, specifications, reports, summaries and such other
information and materials as may have been accumulated by Provider in performing the
Services. Provider shall be compensated on a pro-rata basis for Services completed up to
the date of termination.
8.6 Provider 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, or for
any longer period required by law, from the date of final payment to Provider pursuant to
this Agreement. City shall have the right to review, obtain and copy all records and
supporting documentation pertaining to the performance of Services under the Agreement.
Such books shall be available upon reasonable notice and during normal business hours for
examination, inspecting and copying of records and documentation related to the Services
provided under this Agreement, by City at the office of Provider.
8.7 During the performance of this Agreement, Provider and its employees and subcontractors
shall not unlawfully discriminate, harass, or allow harassment against an employee or
applicant for employment because of sex (gender), sexual orientation, gender identity,
gender expression, race, color, ancestry, religion, creed, national origin, pregnancy,
physical disability, mental disability, medical condition, age, genetic information, marital
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status, military and veteran status, denial of medical and family care leave, pregnancy
disability Leave or any other protected class under state or federal law. Provider shall ensure
that the valuation and treatment of its employees and applicants for employment are free
from such discrimination and harassment. Provider shall comply with the provisions of
California law against discriminatory practices relating to such protected classes.
8.8 Provider 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.
8.9 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained herein,
and any prior negotiations, written proposals or verbal agreements relating to such matters
are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City and
Provider.
8.10 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.
8.11 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, unless to do so would deprive a Party of a material benefit of its bargain under this
Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Provider have
signed in confirmation of this Agreement.
CITY OF REDLANDS
B �1
4Z"'j aja�
, Mayor
ATTEST:
c)'�� L5"d4�
J e Donaldson, City Clerk
STEP UP ON SECOND STREET, INC.
By:
Tod Lipka, CEO
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EXHIBIT "A"
SCOPE OF SERVICES
Case management will be provided onsite at Step Up on Second Homekey Redlands site
located at 1675 Industrial Park Avenue, Redlands, CA 92374. Frequency is dependent on
members' acuity levels as outlined in individualized service plan (ISP). Frequency ranges
from multiple times a week to once a month to equip and improve resident quality of
life. Service Coordinators are available Monday — Friday (except holidays), during regular
business hours (8:00 AM-4:30 PM) for a total of 40 hours per week.
• Linkages to all services, including increasing income, linkages to mainstream benefits,
vocational services, basic life skills development, food resources, mental health
services, connection to health care services, in -home supportive services, securing
identification cards, driver's license, and birth certificates, SSI, Medicaid, nutrition
services, and other essential entities to increase independence.
• Referrals to mental and physical health services: Linkage to primary care physician,
mental health providers, or community health clinic. On site linkage support through
Health Homes, ILOS, ECM.
Performance Metrics
• Prevention of new instances of homelessness: Through proactive case management
and early intervention strategies. The project will hold a 90% retention rate.
• Data tracking: Utilize Homeless Management Information System (HMIS) data to
track housing status, duration of homelessness, and retention rate.
• Assessment of client need: Conduct annual assessments of clients housing stability
and service engagement.
tNeaaurament ...
Outcome :.
of htwsefibI&
{if1'tellonitanae Rapa7ishould include
FIB households
breakcfawn o each type e.g. Single Adult, Y9uth
--aFanlifies
nd
# of people served
(A,tgfe' l elf"onnnnce Repod should Include
126 of Persons'
break(lown of eacli type a g, Sinngle Adult, Youtb
4nd-ail iltes
# Of households to aehieve housin stability
88 Households
0 of personsto achieve housing stability,108
Persons
Parcentage'of persons exiting back into
No more than l6°%
Hodtelessness
Percentage of eligibleWiling persons served to
OR°la
retain or obtain mainstream benefits
Percentage af;gligible and willing person to
8ti°Iti
rni intatn or increase incomelem to meat
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Staffing Profile
• Program Manager (.25 FTE)
• Service Coordinator I (1.85 FTE)
• Total=2.10 FTE
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Exhibit 2 — Fiscal Provisions
From the HHAP 4 Grant Agreement Between
County of San Bernardino
and
City of Redlands
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41w1AW
FISCAL PROVISIONS
A. Method. Time, and Conditions of Payment
a. CONTRACTOR shall be reimbursed by COUNTY, for an amount not to exceed $300,000. Said funds
shall be spent according to the Budget shown below.
Agency; City of Redlands
Budget
December 3,i2024, through June 30, 2027
Eligible Use Category Award/Allocation I I Service Unit Average Cost
(Individuals) per client
Operating Subsidies:
• Case Management $300,000 120 $2,500
Total Award $300,000.00 120 Individuals $2,500 per client
Note: The table above may be changed (without changing the Total amount) with written approval from OHS
b. CONTRACTOR's expenses will only be utilized for eligible costs. CONTRACTOR shall submit
Expenditure Reports (see EXHIBIT 7 — EXPENDITURE REPORT) of eligible costs on a monthly basis
no later than thirty (30) days after the end of each month in which the costs were incurred. Each claiming
period shall consist of a calendar month.
c. With each Expense Report of eligible costs, CONTRACTOR shall submit:
1. All general and approved activity specific items identified in the Expenditure Report Checklist of the
Comprehensive HHAP-4 (see EXHIBIT 8 — HHAP-4 EXPENDITURE REPORT CHECKLIST).
2. If the required supporting documentation is not provided, COUNTY may delay advancements until
the documentation is received by COUNTY. COUNTY reserves the right to request additional
information and clarification to determine the reasonableness and eligibility of all costs to be paid with
funds made available by this Contract.
3. The following items shall be submitted for Case Management and Service Coordination:
i. Cost allocation reports covering the month claimed for the HHAP-4 program.
4. The following must be submitted for employee wages and fringe benefits claimed:
i. Employee Time and Activity Logs for each employee that includes date work was performed,
description of work, notes, eligible activity, hours worked for the day, total number of hours
worked related to project worked and signed by employee and supervisor.
ii. Time sheet that details all hours worked, including holiday, vacation, sick and any other time
charged to contract.
iii. Proof of direct deposit which includes employee's full name, hourly rate, taxes, benefits, total
amount that was deposited into the employee's account.
Revised 916124 Page 23 of 49
iv. Payroll Registers for the pay periods included in the claim.
v. Proof of payment for all fringe benefits premiums claimed for reimbursement.
5. At least once per fiscal year provide:
Worker's Compensation Insurance rates for each class of employee charged to the program.
ii. Fringe benefits premium rates with a breakdown of the employee and employer's
contributions. Contractor will not be compensated for the employee's contribution to fringe
benefits premiums (if applicable).
iii. Rate of employer's contribution to employee retirement accounts (if applicable).
6. For all non -payroll related expenses submit copies of receipts, invoices, or bill expenses with
reimbursement for this category along with proof of payments, (i.e., copy of canceled check/EFT
with bank statements or credit card) and proof that the credit card was paid, if a credit card was _
used.
7. The following items shall be submitted for Rapid Rehousing and Rental Assistance:
Submit copies of leases, rental assistance agreements, receipts, invoices, or bill expenses
with reimbursement for this category along with proof of payments, (i.e., copy of canceled
check/EFT with bank statements or credit card) and proof that the credit card was paid, if a
credit card was used.
8. Travel expenses must be kept in a mileage log and have maps associated with each of the trips.
The log should maintain a start and end vehicle mileage with the total number of miles traveled and
for what purpose. All travel claimed must be associated with the HHAP-4 program.
d. All complete reports submitted in a timely manner shall be processed within thirty (30) calendar
days.
e. All HHAP-4 funds shall be expended by the termination date of this Contract.
f. Expenditure Deadlines:
Percentageof,HHAP-4
Award That, Must be
Expended
Milestone Deadlines
20%
120 Days after Execution of Contract
50%
364 Days after Execution of Contract
75%
310 Days Prior to the Expenditure Deadline
g. CONTRACTOR must expend:
1. No less than fifty percent (50%) of HHAP-4 funds by December 31, 2025.
2. One hundred percent (100%) of HHAP-4 funds by May 14, 2027.
3. "Expend" means all HHAP-4 funds obligated under this Contractor subcontracts have been fully paid
and receipted, and no invoices remain outstanding.
Reports submitted by the CONTRACTOR will be used to ensure that CONTRACTOR is on track to
expend fifty percent (50%) of HHAP-4 funds by December 31, 2025, and one hundred percent (100%)
Revised 9/6/24 Page 24 of 49
of HHAP-4 funds by May 14, 2027. CONTRACTOR may submit a request to OHS prior to December
31, 2025, if CONTRACTOR is not on track to expend 50% of the HHAP-4 funds by December 31,
2025, proposing an alternative expenditure rate to meet the May 14, 2027, 100% expenditure
deadline with justification. The Chief of Homeless Services may approve, modify, or deny such
request.
If, by August 24, 2026, CONTRACTOR has not submitted reports showing an expenditure of at least
seventy five percent (75%) of the HHAP-4 funds, the remaining twenty percent (25%) will be returned
and reallocated.
In. HHAP-4 funds may not be obligated and expended prior to the effective date of this Contract. "Obligate"
means that CONTRACTOR has placed orders, entered into sub -contracts, received services, or entered
into similar transactions that require payment from the Contract award.
I. All proceeds from any interest -bearing account established by the CONTRACTOR for the deposit of
HHAP-4 funds must be used for HHAP-4 eligible activities. Documentation of all expenditures and
accrued interest shall be reported on the forms provided by OHS (see EXHIBIT 7 — Expenditure Report).
j. % Any housing -related activities funded with HHAP-4 funds, including but not limited to, emergency shelter,
rapid -rehousing, rental assistance, transitional housing and permanent supportive housing must be in
compliance or otherwise aligned with the Core Components of Housing First, pursuant to Welfare and
Institution Code Section 8255(b).
k. CONTRACTOR confirms that rental assistance will be issued directly to a property owner, or an agent
authorized to act on behalf of a property owner.
I. For all programs and services for which there are sources of funds in addition to COUNTY funds as
provided under this Contract, CONTRACTOR shall provide proof of such funding. CONTRACTOR must
be able to account for the receipt, obligation and expenditure of funds.
1. The COUNTY shall NOT pay for any services provided by CONTRACTOR which are funded by other
sources. All restrictions and/or requirements provided in this Contract relative to accounting,
budgeting, and reporting apply to the total program regardless of funding sources.
m. The COUNTY reserves the right to reduce the Contract award when the COUNTY's fiscal monitoring
indicates that CONTRACTOR's rate of expenditure will result in unspent funds at the end of the Contract
term or if it is determined that costs incurred are not in conformance with eligible costs as defined in
Health and Safety Code Section 50214. Changes in the Contract award will be done after consultation
with CONTRACTOR. Such changes shall be incorporated into this Contract by written amendment(s).
n. CONTRACTOR shall accept all payments from COUNTY via electronic funds transfer (EFT) directly
deposited into the CONTRACTOR's designated checking or other bank account. CONTRACTOR shall
promptly comply with directions and accurately complete forms provided by COUNTY required to process
EFT payments.
o. COUNTY is exempt from Federal excise taxes and no payment shall be made for any personal
property taxes levied on CONTRACTOR or on any taxes levied on employee wages. The County
shall only pay for any state or local sales or use taxes on the services rendered or equipment and/or
parts supplied to the COUNTY pursuant to the Contract.
p. Costs for services under the terms of this Contract shall be incurred during the contract period
except as approved by COUNTY. CONTRACTOR shall not use current year funds to pay prior or
future year obligations. Disbursements to Contractor are Net 30.
q. Funds made available under this Contract shall not supplant any federal, state or any governmental
Revised 916/24 Page 25 of 49
funds intended for services of the same nature as this Contract. CONTRACTOR shall not claim
reimbursement or payment from COUNTY for, or apply sums received from COUNTY with respect
to that portion of its obligations that have been paid by another source of revenue. CONTRACTOR
agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a
contribution or compensation for purposes of obtaining funds from another revenue source without
prior written approval of the COUNTY.
r. CONTRACTOR shall adhere to the COUNTY's Travel Management Policy (8-02 and 08-02SP1)
when travel is pursuant to this Contract and for which reimbursement is sought from the COUNTY.
In addition, CONTRACTOR is encouraged to utilize local transportation services, including but not
limited to, the Ontario International Airport.
A.1 Documentation of Costs and Other Financial Reporting
a. CONTRACTOR will be required to maintain books, records, documents, and other evidence directly
related to the performance of work in accordance with Generally Acceptable Accounting Procedures.
Costs shall be supported by properly executed payrolls, time records, invoices, receipts, vouchers or
other official documentation, as evidence of the nature and propriety of the charges.
b. The CONTRACTOR shall retain all documentation related to the services provided and all financial
records associated with this Agreement for a period of five (5) years following the termination of this
contract. Such records shall be made available for inspection upon reasonable request by the COUNTY
during this retention period.
c. All accounting documents pertaining in whole or in part to this Contract shall be clearly identified and
readily accessible, and upon reasonable notice, the COUNTY shall have the right to audit the records of
the CONTRACTOR as they relate to the Contract and the activities and services described herein.
CONTRACTOR shall also:
Maintain an effective system of internal fiscal control and accountability for all HHAP-4 funds and
property acquired or improved with HHAP-4 funds, and make sure the same are used solely for
authorized purposes.
2. Keep a continuing record of all disbursements by date, payment method, amount, vendor, description
of items purchased and line item from which the money was expended, as reflected in the
CONTRACTOR's accounting records.
3. Maintain payroll, financial, and expense reimbursement records for a minimum period of five (5) years
after the termination of this Contract.
Permit inspection and audit of its records with respect to all matters authorized by this Contract by
representatives of the County at any time during normal business hours and as often as necessary.
5. Inform the COUNTY concerning any funds allocated to CONTRACTOR, that the CONTRACTOR
anticipates will not be expended during the term of this Contract.
6. Repay the COUNTY any funds in its possession at the time of the termination of this Contract that
may be due to the COUNTY (e.g., ineligible costs, unexpended funds, etc.).
A.2 Funding
a. This Contract is valid and enforceable only if sufficient funds are made available to COUNTY by legislative
appropriation. In addition, this Contract is subject to any additional restrictions, limitations or conditions,
or statutes, regulations or any other laws, whether Federal or those of the State, or of any agency,
Revised 9/6/24 Page 26 of 49
department, or any political subdivision of Federal or the State governments, which may affect the
provisions, terms or funding of this Contract in any manner.
b. CONTRACTOR must establish and maintain effective internal controls over all funding awarded to
CONTRACTOR by the COUNTY to provide reasonable assurance that CONTRACTOR complies with
Federal, State, and COUNTY statutes, regulations, and terms and conditions of the Contract.
c. COUNTY may base funding for CONTRACTOR upon positive performance outcomes, which OHS will
monitor throughout the year.
d. CONTRACTOR must be able to demonstrate that HHAP-4 funds were expended for eligible uses to
benefit members of the Target Population.
e. Funds allocated pursuant to this Contract shall be used exclusively for costs included in CONTRACTOR's
program budget (see EXHIBIT 1 — HHAP-4 AWARD BY CATEGORY). Contract funds shall not be used
as security or to guarantee payments for any non -program obligations nor as loans for non -program
activities.
f. CONTRACTOR certifies and agrees that it will not use funds provided through this Contract to pay for
entertainment, gifts, or fundraising activities.
A.3 Ineligible Costs
a. HHAP-4 funds shall not be used for costs associated with activities in violation of any law or for any
activities not consistent with the intent of HHAP-4 and the eligible uses identified in California Health and
Safety Code Sections 50218 and 50219.
b. The COUNTY or the State reserves the right to request additional information and clarification to
determine the reasonableness and eligibility of all costs to be paid with funds made available by this
Contract. If CONTRACTOR or its Subcontractors use HHAP-4 funds to pay for ineligible activities,
Contractor shall be required to reimburse these funds to the COUNTY within thirty (30) days of the
request.
1. An expenditure which is not authorized by this Contract, or which cannot be adequately documented,
shall be disallowed and must be reimbursed to the COUNTY by CONTRACTOR.
2. The State, at its sole and reasonable discretion, shall make the final determination regarding the
allowability of expenditures of HHAP-4 funds.
3. Program funds shall not be used to supplant existing local funds for homeless housing, assistance,
or prevention. HHAP-4 funds cannot replace local funds that are committed to an existing or
developing homeless assistance program. However, if funds previously supporting a service or
project end or are reduced for reasons beyond the control of CONTRACTOR and services or housing
capacity will be lost as a result of these funds ending, HHAP-4 funds may be used to maintain the
service or program and are not considered supplanting [examples include, but are not limited to, a
time -limited city and/or county tax or one-time block grant, such as Homeless Emergency Aid
Program (HEAP) grant].
AAWithheld Payments
Payments to CONTRACTOR may be withheld by COUNTY if CONTRACTOR fails to comply with any
provision of this Contract.
Revised 9/6124 Page 27 of 49
A.5 Disallowance
a. If CONTRACTOR receives payment under this Contract which is later disallowed by COUNTY for
nonconformance with this Contract, CONTRACTOR shall be required to promptly reimburse these funds
to COUNTY and shall be prohibited from submitting to COUNTY reimbursement requests for subsequent
HHAP-4 funds until COUNTY is fully reimbursed or, at its option, COUNTY may offset the amount
disallowed from any payment due to CONTRACTOR.
b. If it is determined that a CONTRACTOR falsified any certification, RFA information, financial, or contract
report, CONTRACTOR shall be required to reimburse the full amount of HHAP-4 award to COUNTY, and
may CONTRACTOR be prohibited from any further participation in HHAP-4. COUNTY may impose any
other actions permitted under 24 CFR 576.501 (c).
A.6 Fiscal Accountability
CONTRACTOR agrees to manage funds received through COUNTY in accordance with sound
accounting policies; incur and claim only eligible costs for reimbursement; and adhere to accounting
standards established in 2 CFR Part 200.
b. CONTRACTOR must establish and maintain on a current basis an accrual accounting system in
accordance with generally accepted accounting principles and standards. Further, CONTRACTOR must
develop an accounting procedure manual. Said manual shall be made available to COUNTY upon
request or during fiscal monitoring visits.
A.7 Financial Manaqement
a. Review, understanding, and certification that quarterly expenditure reports submitted to the COUNTY
meet eligible expenses under HHAPA and State requirements. The COUNTY shall have no obligation
to advance or pay CONTRACTOR with any funds other than HHAP-4 funds (with the exception of
CONTRACTOR receiving a HHAP-5 AWARD) the COUNTY receives from the State.
b. CONTRACTOR attests that by submitting a monthly expenditures report to OHS, it has completed all
due diligence necessary and verified eligibility for HHAP-4 funding. CONTRACTOR shall be required to
repay COUNTY for non -eligible expenditures that may inadvertently be processed by the COUNTY.
c. Subsequent disbursements after the first disbursement, are dependent upon CONTRACTOR properly
documenting the expenses/expenditure reports to cover the previous disbursement.
A.8 Budget Changes
a. CONTRACTOR agrees that no changes shall be made to CONTRACTOR's HHAPA budget without first
obtaining prior approval. No more than the amounts specified in EXHIBIT 1 — HHAP-4 AWARD BY
CATEGORY may be spent for the separate cost categories specified in the budget summary. Any
changes to this Contract must be requested by CONTRACTOR in writing through OHS. Changes must
be approved by the COUNTY and/or the State.
A.9 Budget Amendments
a. CONTRACTOR shall make no changes to the budget without first obtaining written approval from the
COUNTY. Any budget amendments must be requested by the CONTRACTOR in writing within 180 days
of the contract expiration.
A.10 Equipment and Other Property
a. All equipment, materials, supplies or property of any kind (including vehicles, publications, copyrights,
etc.) purchased with HHAP-4 funds received under the terms of this Contract which has a life
Revised 916/24 Page 28 of 49
expectancy of one (1) year or more shall be the property of the COUNTY and shall be subject to the
provisions of this paragraph. The disposition of equipment or property of any kind shall be determined
by the COUNTY when the Contract is terminated. Additional terms are as follows:
The purchase of any furniture or equipment which was not included in CONTRACTOR's approved
budget, shall require the prior written approval of the COUNTY, and shall fulfill the provisions of this
Contract which are appropriate and directly related to CONTRACTOR's services or activities under
the terms of the Contract. The COUNTY may refuse approval for any cost resulting from such items
purchased, which are incurred by CONTRACTOR, if prior written approval has not been obtained
from the COUNTY.
2. Before equipment purchases made by CONTRACTOR are approved by the COUNTY,
CONTRACTOR must submit paid vendor receipts identifying the purchase price, description of the
item, serial numbers, model number and location where equipment will be used during the term of
this Contract.
CONTRACTOR shall submit an inventory of equipment purchased under the terms of this Contract
as part of the expenditures report for the month in which the equipment is purchased.
CONTRACTOR must also maintain an inventory of equipment purchased that, at a minimum,
includes the description of the property, serial number or other identification number, title holder,
acquisition date, cost of the equipment, location, use and condition of the property, and ultimate
disposition data. A physical inventory of the property must be reconciled annually. Equipment
should be adequately maintained and a control system in place to prevent loss, damage, or theft.
Equipment with cost exceeding COUNTY's capitalization threshold of $5,000 must be depreciated.
4. No costs incurred prior to the Contract commencement date shall be eligible for reimbursement with
HHAP-4 funds.
5. Upon termination of this Contract, CONTRACTOR will provide a final inventory to the COUNTY and
shall at that time query the COUNTY as to requirements, including the manner and method in
returning equipment to the COUNTY. Final disposition of such equipment shall be in accordance
with instructions from the COUNTY.
A.11 Final Advance
Unless approved by OHS in writing, all final requests for disbursement of authorized HHAP-4 expenditures
under this Grant must be submitted to OHS no later than January 1, 2027.
Revised 9/6/24 Page 29 of 49
EXHIBIT "C"
RATE SHEET
Eligible UsasDoscr tlon of Services;
¢aRadesantfrhageberiefitsforSergrce''
Based on agtuat rate, supported by timesfteet, payroll
Coordinator f, anti Program Manager
report, an,dproof ofdfrectdepositwhtchtticltides..
employee's felt name, hourly rite taxes,,.benefits; total
amounttti'atwas deposited Into the employee's; account
Uppties,g Ulptnent,$oftwareJetepYone;,
ph
ACtuatCost,SUbmitcopfesotrecelpts,irivoiees,alPrig
wfth proof of payments (Le„ copy of cancelled, check%
Captfmuntc ttlans, Insurance and S,
bankstatements, or credit card) anti proof that the credit
Yralningnicatit
cbrd was paid, if a credit card was.used;;
Currant IRS Aata. Tray@t expenses musf tiekept in a.
nttleage log and have maps associated wlth each of tltj
Mileage
trips. The togshould maintain a startandendvehicle
ntlteage with the total number of hilles tmV616 l a nd for-:
whet purpose, Atl tray, l cla lmed must, bo assdclated witli
theHHAP.;d program.
10
I:\cmo\Agreements\Step Up on Second Street, Ina (HHAP 4 Grant SUS Homekey) FY24-0078 v.2.docx-msd2
EXHIBIT "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the 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.
(-'.HFCK ONF.
V 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 affn-rn 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.
STEP UP ON SECOND STREET, INC.
Date: 12/10/24
Tod Lipka, CEO
11
LlcrnolAgreementslStep Up on Second Street, Inc. (HHAP 4 Grant SUS Homekey) FY24-0078 v.2.docx-msv2