HomeMy WebLinkAboutContracts & Agreements_231-2024SCO ID:
STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT
STD 213 (Rev. 04/2020)
AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable)
24-ERF-3-R-1 00029
I. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
CONTRACTOR NAME
City of Redlands
2. The term of this Agreement is:
START DATE
Upon HCD Approval
THROUGH END DATE
4/15/2029
3. The maximum amount of this Agreement is:
$5,341,800.00 (Five Million Three Hundred Forty One Thousand Eight Hundred Dollars and No Cents)
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.
Exhibits
Title
Pages
Exhibit A
Authority, Purpose, and Scope of Work
6
Exhibit B
Budget Detail and Payment Provisions
4
Exhibit C*
General Terms and Conditions
GTC
4/2017
Exhibit D
ERE General Terms and Conditions
11
Exhibit E
Special Terms and Conditions
2
TOTAL NUMBER OF PAGES ATTACHED
23
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These documents can be viewed at hM.Ilwww.dgs.ca.gov%OLS/Resources
IN WITNESS WHEREOF, THISAGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)
City of Redlands
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
35 Cajon St Suite #222 Redlands ICA 92373
PRINTED NAME OF PERSON SIGNING TITLE
Charles M. Duggan, Jr. City Manager
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
� v
Attest:
nne Donaldson, City Clerk
J - t -7 - 2-0 D- Lf
Pagel of 2
SCO ID:
STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENTNUMBER PURCHASING AUTHORITY NUMBER (if Applicable)
STD 213 (Rev.04/2020) 24-ERF-3-R-100029
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Department of Housing and Community Development
CONTRACTING AGENCY ADDRESS
CITY
STATE
ZIP
651 Bannon Street, Suite 400
Sacramento
CA
9S811
PRINTED NAME OF PERSON SIGNING
TITLE
Contract Services Section Manager
CONTRACTING AGENCY AUTHORIZED SIGNATURE
DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL
EXEMPTION (If Applicable)
Exempt per; SCM Vol. 1 4.04.A.3 (DGS memo, dated
06/12/1981)
Page 2 of 2
EXHIBIT A
AUTHORITY PURPOSE AND SCOPE OF WORK
Authority
City of Redlands
24-ERF-3-R-100029
Page 1 of 23
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
1 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.
Program Name: Encampment Resolution Funding Program "ERF"
NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
EXHIBIT A
3. Definitions
City of Redlands
24-ERF-3-R-100029
Page 2 of 23
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.
"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
year2021-22.
"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.
"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:
Program Name: Encampment Resolution Funding Program "ERF'
NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
City of Redlands
24-ERF-3-R-100029
Page 3 of 23
EXHIBIT A
"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 DA, Reporting,
Evaluation, and Audits.
Fiscal deadlines are detailed below in Exhibit A.6, Effective Date, Term of Agreement,
and Deadlines.
Program Name: Encampment Resolution Funding Program "ERF"
NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
City of Redlands
24-ERF-3-R-100029
Page 4 of 23
EXHIBIT A
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 Chiefs 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 Redlands
SECTION/UNIT:
Policy and Program Support
ADDRESS:
651 Bannon Street, Suite 400
Sacramento, CA, 95811
35 Cajon St Suite #222
Redlands, CA 92373
CONTRACT
COORDINATOR:
Jeannie McKendry
David Rabindranath
PHONE
NUMBER:
(916) 490-9589
(909) 761-5196
EMAIL
ADDRESS:
HPDHomelessnessGrants hcd.ca.
drabindranath(a�cityofredlands.org
Jeannie.McKend hcd.ca. ov Iv
Program Name: Encampment Resolution Funding Program "ERF"
NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
City of Redlands
24-ERF-3-R-100029
Page 5 of 23
EXHIBIT A
The Department reserves the right to change their HCD Contract Coordinator,
designee, contract administering entity, and 1 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
HPDHomelessnessGrants hcd.ca, ov.
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 1 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:
Program Name: Encampment Resolution Funding Program "ERF"
NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
City of Redlands
24-ERF-3-R-100029
Page 6 of 23
EXHIBIT A
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).
Program Name: Encampment Resolution Funding Program "ERF'
NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
City of Redlands
24-ERF-3-R-100029
Page 7 of 23
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Payee
Name: City of Redlands Amount: $5,341,800.00
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.
Program Name: Encampment Resolution Funding Program "ERF"
NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
City of Redlands
24-ERF-3-R-100029
Page 8 of 23
EXHIBIT B
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.
Program Name: Encampment Resolution Funding Program "ERF"
NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
City of Redlands
24-ERF-3-R-100029
Page 9 of 23
EXHIBIT B
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
Program Name: Encampment Resolution Funding Program "ERF"
NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
City of Redlands
24-ERF-3-R-100029
Page 10 of 23
EXHIBIT B
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.
Program Name: Encampment Resolution Funding Program "ERF"
NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
City of Redlands
24-ERF-3-R-100029
Page 11 of 23
EXHIBIT D
ERF GENERAL TERMS AND CONDITIONS
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,
Program Name: Encampment Resolution Funding Program "ERF"
NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
City of Redlands
24-ERF-3-R-100029
Page 12 of 23
EXHIBIT D
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.
Program Name: Encampment Resolution Funding Program "ERF"
NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
City of Redlands
24-ERF-3-R-100029
Page 13 of 23
EXHIBIT D
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.
Program Name: Encampment Resolution Funding Program "ERF"
NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
City of Redlands
24-ERF-3-R-100029
Page 14 of 23
EXHIBIT D
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.
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.
Program Name: Encampment Resolution Funding Program "ERF"
NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
City of Redlands
24-ERF-3-R-100029
Page 15 of 23
EXHIBIT D
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:
Program Name: Encampment Resolution Funding Program "ERF"
NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
City of Redlands
24-ERF-3-R-100029
Page 16 of 23
EXHIBIT D
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.
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.
Program Name: Encampment Resolution Funding Program "ERF'
NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
City of Redlands
24-ERF-3-R-100029
Page 17 of 23
EXHIBIT D
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.).
Program Name: Encampment Resolution Funding Program "ERF"
NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
City of Redlands
24-ERF-3-R-100029
Page 18 of 23
EXHIBIT D
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
Program Name: Encampment Resolution Funding Program "ERF"
NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
EXHIBIT D
subcontract.
11. Child Support Compliance Act
City of Redlands
24-ERF-3-R-100029
Page 19 of 23
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.
Program Name: Encampment Resolution Funding Program °ERF'
NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
City of Redlands
24-ERF-3-R-100029
Page 20 of 23
EXHIBIT D
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, land use, homelessness, housing element,
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.
Program Name: Encampment Resolution Funding Program "ERF'
NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
City of Redlands
24-ERF-3-R-100029
Page 21 of 23
EXHIBIT D
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.
Program Name: Encampment Resolution Funding Program "ERF'
NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
City of Redlands
24-ERF-3-R-100029
Page 22 of 23
EXHIBIT E
SPECIAL TERMS AND CONDITIONS
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
0) 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.
Program Name: Encampment Resolution Funding Program "ERF'
NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
City of Redlands
24-ERF-3-R-100029
Page 23 of 23
EXHIBIT E
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.13, 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.
Program Name: Encampment Resolution Funding Program "ERF"
NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024