HomeMy WebLinkAboutContracts & Agreements_63-2026STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES SRO ID:
STANDARD AGREEMENT - AMENDMENT
STD 213A (Rev,4/2020) AGREEMENT NUMBER AMENDMENT NUMBER Purchasing Authority Number
® CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 23 PAGES 23-ERF-2-R-10011 1
1. 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
08/24/2023
THROUGH END DATE
04/30/2028
3. The maximum amount of this Agreement after this Amendment is:
$4,529,069.00 (Four Million Five Hundred Twenty Nine Thousand Sixty Nine Dollars and No Cents)
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and
incorporated herein:
A. This amendment is to extend the term of the contract by 13 months.
B.The STD 213A, Item 2, Through End Date is hereby changed from 03/31/2027 to 04/30/2028.
C. Exhibit A, Authority, Purpose, and Scope of Work is hereby deleted in its entirety and replaced with a new Exhibit A, Authority, Purpose, and Scope of
Work Rev. 09/2025 attached hereto and made part of here of. Section 3, added the Department definition. Section 5, Department's Contract
Coordinator has been revised with new coordinator information. Section 6, Effective Date, Term of Agreement, and Deadlines has been revised with
new obligation and expenditure deadlines and language. In all sections references to Cal ICH have been replaced with the Department or HCD.
D. Exhibit 8, Budget Detail and Disbursement Provisions is hereby deleted in its entirety and replaced with a new Exhibit B, Budget Detail and
Disbursement Provisions, Rev. 09/2025 attached hereto and made part of here of. Section 1, Payee was added to Exhibit B. In all sections references to
Cal ICH have been replaced with the Department or HCD.
E. Exhibit C, State of California General Terms and Conditions is hereby revised from GTC 04/2017 and replaced with GTC 02/2025, incorporated by
reference.
F, Exhibit D, General Terms and Conditions, is hereby deleted in its entirety and replaced with a new Exhibit D, General Terms and Conditions, Rev.
09/2025 attached hereto and made part of here of. In all sections references to Cal ICH have been replaced with the Department or HCD.
G. Exhibit E, Special Terms and Conditions, is hereby deleted in its entirety and replaced with a new Exhibit E, Special Terms and Conditions, Rev.
09/2025 attached hereto and made part of here of. Section 8, Non -Bond Funded was added to Exhibit E. In all sections references to Cal ICH have been
replaced with the Department or HCD.
Alf other terms and conditions shall remain the same.
IN WITNESS WHEREOF, THIS AGREEMENTHAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (#other than an individual, state whether a corporation, partnership, etc.)
City of Redlands
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
35 Cajon Street, Suite 222 Redlands CA 92373
PRINTED NAME OF PERSON 51GNING TITLE
Mario Saucedo Mayor
CONTRA AUTHORIZE IGNATURE DATE SIGNED
...... .....
0 5 - U 5 -Zt>Vv
ATTEST:
D ___ �
Jeanne Donaldson, City Clerk
Page 1 of 2
STATE OF CALIFORNIA -DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT - AMENDMENT
STD 213A (Rev. 4/2020)
® CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 23 PAGE
CONTRACTING AGENCY NAME
Department of Housing and Community Development
AGREEMENT NUMBER
23-ERF-2-R-1 00 11
STATE OF
SCO ID:
AMENDMENT NUMBER I Purchasing Authority Number
CONTRACTING AGENCY ADDRESS
CITY
STATE
ZIP
651 Bannon Street, Suite 400
Sacramento
CA
95811
PRINTED NAME OF PERSON SIGNING
TITLE
Contract Services Section Manager
CONTRACTING AGENCY AUTHORIZED SIGNATURE
DATE SIGNED
CALIFORNIA DEPARTMENTOF GENERAL SERVICES APPROVAL
EXEMPTION (If Applicable)
SCM Vol. 1 4.04.A.3 (DGS memo dated 06/12/1981)
Page 2 of 2
City of Redlands
23-ERF-2-R-10011, Am. 1
(Rev. 09/2025)
Page 1 of 6
EXHIBIT A
AUTHORITY, PURPOSE, AND SCOPE OF WORK
1) Authority
The State of California has established the Encampment Resolution Funding
Program ("ERF" or "Program") pursuant to Chapter 7 (commencing with Section
50250) of Part 1 of Division 31 of the Health and Safety Code. Amended by SB 197
(Statutes of 2022, Chapter 70, Sec.3-8, effective June 30, 2022).
The Program is administered by the Department of Housing and Community
Development (HCD)in the Business, Consumer Services and Housing Agency
("Agency"). ERF provides one-time, competitive grant funds to Continuums of Care
and / or Local Jurisdictions as defined below. To date, there have been two rounds
of the Encampment Resolution Funding Program. This Standard Agreement governs
the Rolling Disbursement in Round 2 of the ERF Program ("ERF-2-R"). For this
Standard Agreement, ERF-2-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") 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
Program Name: Encampment Resolution Funding Program
Round 2 Rolling "ERF-2-R"
NOFA Date: December 01, 2022
Prep Date: October 30, 2025
City of Redlands
23-ERF-2-R-10011, Am. 1
(Rev. 09/2025)
Page 2 of 6
authorizing statute to ensure the safety and wellness of people experiencing
homelessness in encampments.
3) Definitions
The following Encampment Resolution Funding Program terms are defined in
accordance with Health and Safety Code Section 50250, Subdivisions (a) —
(m);
(a) "Additional funding round moneys" means moneys appropriated for the program in
or after fiscal year 2022-23.
(b) "Agency" means the Business, Consumer Services, and Housing Agency.
(c) "Applicant' means a continuum of care or local jurisdiction
(d) "Continuum of Care" has the same meaning as in Section 578.3 of Title 24 of the
Code of Federal Regulations.
(e) (1) "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.
(2) Unless context requires otherwise, "council," with respect to the administration of
this chapter on or after the effective date of the act adding this paragraph, means the
department.
(f) "County' includes, but is not limited to, a city and county.
(g) "Department' means the Department of Housing and Community Development
(HCD).
(h) "Funding round 1 moneys" means moneys appropriated for the program in fiscal
year2021-22.
(i) "Homeless" has the same meaning as in Section 578.3 of Title 24 of the Code of
Federal Regulations.
0) "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.
(1) "Recipient' means an applicant that receives grant funds from the council for the
purposes of the program.
Program Name: Encampment Resolution Funding Program
Round 2 Rolling "ERF-2-R"
NOFA Date: December 01, 2022
Prep Date: October 30, 2025
City of Redlands
23-ERF-2-R-10011, Am. 1
(Rev. 09/2025)
Page 3 of 6
EXHIBIT A
(m) "State right-of-way" means real property held in title by the State of California
Additional definitions for the purposes of ERF program:
"Grantee" is "a Continuum of Care or a Local Jurisdiction that receives grant funds
from the Department 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 obligate the funds by the statutory deadlines set forth in this
Exhibit A.
"Cal ICH" is synonymous with "Council".
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 Disbursement Provisions. Prior to fully executing this
agreement, Grantees must standardize their budget using a HCD provided budget
template.
Program Name: Encampment Resolution Funding Program
Round 2 Rolling "ERF-2-R"
NOFA Date: December 01, 2022
Prep Date: October 30, 2025
City of Redlands
23-ERF-2-R-10011, Am. 1
(Rev. 09/2025)
Page 4 of 6
EXHIBIT A
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.
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.
The Department 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
The Department's Contract Coordinator for this Agreement is the Department's
Grant Development Section Chef or the Grant Development Section Chiefs
designee. Unless otherwise instructed, any communication shall be conducted
through email to the HCD Contractor 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, Agency 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
David Rabindranath
Community Development
SECTIONIUNIT:
Policy and Program Support
Program Name: Encampment Resolution Funding Program
Round 2 Rolling "ERF-2-R"
NOFA Date: December 01, 2022
Prep Date: October 30, 2025
City of Redlands
23-ERF-2-R-10011, Am. 1
(Rev. 09/2025)
Page 5 of 6
ADDRESS:
651 Bannon Street SW, Suite 400,
35 Cajon Street, Suite
Sacramento, CA 95811
222, Redlands, CA 92373
CONTRACT
Nichole Zaragoza -Smith
drabindranath@cityofredl
COORDINATOR
ands.org
PHONE
(916) 693-3892
(909) 761-5196
NUMBER:
EMAIL
HPDHomelessnessGrants HCD.ca. ov
drabindranath(cilcitvofredlands.
ADDRESS:
Nichole.Zara oza-Smith((DHCD.ca. ov
oor
The Department reserves the right to change their HCD Contractor Coordinator,
designee, and / or contact information at any time with reasonable notice to the
Grantee.
All requests to update the Grantee information listed within this Agreement shall be
emailed to HCD grant's general email box at
HPDHomelessnessGrants(a.hcd.ca.gov.
Notice to either party may be given by email. Such notice shall be effective when
received as indicated on email. Changes to HCD Contractor Coordinator, designee,
and / or contact information or grantee information can be made without a formal
amendment.
6) Effective Date, Term of Agreement, and Deadlines
a) This Agreement is effective upon execution by HCD, which includes signature
from the Grantee and HCD. This is indicated by the HCD provided signature and
date on the second page of the accompanying STD. 213, Standard Agreement.
b) Performance shall start no later than 30 days, or on the express date set by HCD
and the Grantees, after all approvals have been obtained and the Grant
Agreement is fully executed. Should the Grantee fail to commence work at the
agreed upon time, HCD, upon five (5) days written notice to the grantee,
reserves the right to terminate the Agreement.
c) Grantees will continue to perform until the Agreement is terminated, including
data reporting and participation in program evaluation activities, as needed.
d) This Agreement will terminate on April 30, 2028.
Program Name: Encampment Resolution Funding Program
Round 2 Rolling "ERF-2-R"
NOFA Date: December 01, 2022
Prep Date: October 30, 2025
City of Redlands
23-ERF-2-R-10011, Am. 1
(Rev. 09/2025)
Page 6 of 6
EXHIBIT A
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.
The Department will review submitted Final Work Products and collaborate with
Grantees to cure any deficiencies by April 30, 2028.
Grantees are expected to continue performing until April 30, 2028. This means
timely and accurate reporting, candid communication of success or
shortcomings, and availability of persons, information, or materials.
e) Expenditure and Obligation Deadlines:
Grantees shall expend no less than 50 percent and obligate 100 percent of
Program funds within two fiscal years of the date of the award.
ii. Grantees that have not obligated 100 percent of their Program funds within
two fiscal years of the date of the award, shall submit an alternative
disbursement plan to HCD for approval within 60 days of the end of the
second fiscal year. This alternative disbursement plan should detail the
explanation for the delay and plans for obligating 100 percent of their
allocation within six months.
iii. Grantees not meeting the requirements outlined in (i) may be subject to
additional corrective action, as determined by HCD.
iv. All Program funds (100 percent) shall be expended within four fiscal years of
the date of the award. Any funds not expended by this date shall revert to the
fund of origin pursuant to HSC Section 50253(e)(5).
7) Special Conditions
The Department 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.
Program Name: Encampment Resolution Funding Program
Round 2 Rolling "ERF-2-R"
NOFA Date: December 01, 2022
Prep Date: October 30, 2025
City of Redlands
23-ERF-2-R-10011, Am. 1
(Rev. 09/2025)
Page 1 of 4
EXHIBIT B
BUDGET DETAIL AND DISBURSEMENT PROVISIONS
1) Payee
Name: City of Redlands Amount: $4,529,069.00
2) General Conditions Prior to Disbursement
All Grantees must submit the following completed forms prior to ERF being released:
Request for Funds Form ("RFF")
STD 213 Standard Agreement form and initialed Exhibits A through E
STD 204 Payee Data Record or Government Agency Taxpayer ID Form
3) Disbursement of Funds
ERF will be disbursed to the Grantee upon receipt, review and approval of the
completed Standard Agreement and RFF by HCD, the Department of General
Services (DGS), and the State Controller's Office (SCO).
The RFF must include the total amount of Program funds proposed to be expended.
The ERF will be disbursed in one allocation via mailed check once the RFF has
been received by the SCO. Checks will be mailed to the address and contact name
listed on the RFF.
4) Budget Details and Expenditure of Funds
The Grantee shall expend Program funds on eligible uses and activities as detailed
in the submitted standardized budget. The Department reserves the right to direct
specific line -item changes in the originally submitted Application budget or
subsequently submitted standardized budgets.
a) Budget Changes
i) 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. The Department 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
Round 2 Rolling "ERF-2-R"
NOFA Date: December 01, 2022
Prep Date: October 30, 2025
City of Redlands
23-ERF-2-R-10011, Am. 1
(Rev. 09/2025)
Page 2 of 4
4/:11311i=
The Department reserves the right to amend or adjust this process as
necessary.
ii) 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 Development Section Chief or
their designee, in writing, before the Grantee may expend Program funds
according to an alternative standardized budget. The Grant Development
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 as considered by a
reasonable project manager should be submitted to HCD for approval.
b) Eligible Uses
Eligible uses and activities must be consistent with HSC Sections 50250 —
50254.5, 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.
Program Name: Encampment Resolution Funding Program
Round 2 Rolling "ERF-2-R"
NOFA Date: December 01, 2022
Prep Date: October 30, 2025
City of Redlands
23-ERF-2-R-10011, Am. 1
(Rev. 09/2025)
Page 3 of 4
EXHIBIT B
Operating Subsidies: Operating subsidies in new and existing affordable or
supportive housing units, emergency shelters, and navigation centers. Operating
subsidies may include operating reserves.
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.
Program Name: Encampment Resolution Funding Program
Round 2 Rolling "ERF-2-R"
NOFA Date: December 01, 2022
Prep Date: October 30, 2025
EXHIBIT B
5) Ineligible Costs
City of Redlands
23-ERF-2-R-10011, Am. 1
(Rev. 09/2025)
Page 4 of 4
ERF shall not be used for costs associated with activities in violation, conflict, or
inconsistent with HSC Sections 50250 — 50254.5, 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.
Costs shall not be used 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.
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.
The Department, at its sole and absolute discretion, shall make the final
determination regarding the allowability of ERF expenditures.
The Department 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 including site restoration
or waste management.
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
Round 2 Rolling "ERF-2-R"
NOFA Date: December 01, 2022
Prep Date: October 30, 2025
City of Redlands
23-ERF-2-R-10011, Am. 1
(Rev. 09/2025)
Page 1 of 11
MAXIM I[All
GENERAL TERMS AND CONDITIONS
1) Termination and Sufficiency of Funds
a) Termination of Agreement
The Department 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, any breach of contract
as described in paragraph 6 of this Exhibit D; 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/Sub Grantee)
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 and any approved modification and addition thereto is untrue,
Program Name: Encampment Resolution Funding Program
Round 2 Rolling "ERF-2-R"
NOFA Date: December 01, 2022
Prep Date: October 30, 2025
City of Redlands
23-ERF-2-R-10011, Am. 1
(Rev. 09/2025)
Page 2 of 11
incorrect, 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
i. 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 annually and have one Final Work Product submitted
prior to this Agreement's termination as outlined in HSC 50254 and
50254.5.
The quarterly reports shall be submitted on a template to be provided by
HCD at least 90 days prior to the first reporting deadline. The Department
may request interim reports as needed and will provide no less than 30
days' notice to Grantees.
ii. Required Data
Grantees will be required to provide:
• 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; and
• Continued confirmation that projects receiving ERF funds are populated
timely into HMIS and use HCD supplied funding codes.
The Department's discretion in identifying which information shall be
included in these reports is final.
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
Round 2 Rolling "ERF-2-R"
NOFA Date: December 01, 2022
Prep Date: October 30, 2025
City of Redlands
23-ERF-2-R-10011, Am. 1
(Rev.09/2025)
Page 3 of 11
EXHIBIT D
Pursuant to HSC Section 50254(b)(3), Grantees shall report individual,
client -level data for persons served by grant funding to the Department, in
addition to any data reported through local Homeless Management
Information System, as required by the Department 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 AB977, located at
Welfare and Institutions Code section 8256(d).
iii. HCD usage of Reports
Pursuant to HSC Section 50254(b)(4), Department staff 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.
iv. 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
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.
ii. 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 success 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.
iii. 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
Program Name: Encampment Resolution Funding Program
Round 2 Rolling "ERF-2-R"
NOFA Date: December 01, 2022
Prep Date: October 30, 2025
City of Redlands
23-ERF-2-R-10011, Am. 1
(Rev. 09/2025)
Page 4 of 11
EXHIBIT D
advance notice. The Department will comply with Grantee's site visit terms
during any site visits.
iv. 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.
Grantees shall notify HCD and provide copies of any reports or findings i
Grantee conducts or commissions any third -party research or evaluation
regarding their funded project.
vi. All terms and conditions that apply to reporting similarly apply to evaluation.
c) Auditing
The Department reserves the right to perform or cause to be performed a
financial audit. At HCD's 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:
i) The audit shall be performed by an independent certified public accountant.
ii) 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.
iii) The Grantee is responsible for the completion of audits and all costs of
preparing audits.
iv) If there are audit findings, the Grantee must submit a detailed response
acceptable to HCD for each audit finding within 90 days from the date of the
audit finding report.
5) Inspection and Retention of Records
a) Record Inspection
The Department 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. The Grantee agrees to give HCD or its
designee access to its premises, upon reasonable notice and during normal
Program Name: Encampment Resolution Funding Program
Round 2 Rolling "ERF-2-R"
NOFA Date: December 01, 2022
Prep Date: October 30, 2025
City of Redlands
23-ERF-2-R-10011, Am. 1
(Rev. 09/2025)
Page 5 of 11
EXHIBIT D
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-2-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.
6) Breach and Remedies
a) Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
i. Grantee's failure to comply with the terms or conditions of this Agreement.
ii. Use of, or permitting the use of, Program funds provided under this
Agreement for any ineligible activities.
iii. 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:
i. Conduct a program monitoring which will include a corrective action plan
(CAP) with findings, remedies, and timelines for resolving the findings.
Program Name: Encampment Resolution Funding Program
Round 2 Rolling "ERF-2-R"
NOFA Date: December 01, 2022
Prep Date: October 30, 2025
City of Redlands
23-ERF-2-R-10011, Am. 1
(Rev. 09/2025)
Page 6 of 11
EXHIBIT D
ii. Bar the Grantee from applying for future ERF funds;
iii. Revoke any other existing ERF award(s) to the Grantee;
iv. Require the return of any unexpended ERF funds disbursed under this
Agreement;
v. Require repayment of ERF funds disbursed and expended under this
Agreement;
vi. Require the immediate return to HCD of all funds derived from the use of
ERF
vii. 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) The Department may give written notice to the Grantee to cure the breach or
violation within a period of not less than 14 days.
7) Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior
or subsequent breach. The failure of HCD to enforce at any time the provisions of
this Agreement, or to require at any time, performance by the Grantee of these
provisions, shall in no way be construed to be a waiver of such provisions nor to
affect the validity of this Agreement or the right of HCD to enforce these provisions.
8) Nondiscrimination
During the performance of this Agreement, Grantee and its subrecipients shall not
unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex (gender), sexual orientation, gender
identity, gender expression, race, color, ancestry, religion, creed, national origin
(including language use restriction), pregnancy, physical disability (including HIV and
AIDS), mental disability, medical condition (cancer/genetic characteristics), age
(over 40), genetic information, marital status, military and veteran status, denial of
medical and family care leave or pregnancy disability leave, or any other
characteristic protected by state or federal law. Grantees and Sub grantees shall
ensure that the evaluation and treatment of their employees and applicants for
Program Name: Encampment Resolution Funding Program
Round 2 Rolling "ERF-2-R"
NOFA Date: December 01, 2022
Prep Date: October 30, 2025
City of Redlands
23-ERF-2-R-10011, Am. 1
(Rev.09/2025)
Page 7 of 11
EXHIBIT D
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
Round 2 Rolling "ERF-2-R"
NOFA Date: December 01, 2022
Prep Date: October 30, 2025
City of Redlands
23-ERF-2-R-10011, Am. 1
(Rev. 09/2025)
Page 8of11
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:
i. The dangers of drug abuse in the workplace;
ii. Grantee's policy of maintaining a drug -free workplace;
iii. Any available counseling, rehabilitation, and employee assistance program;
and
iv. 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:
i. Will receive a copy of Grantee's drug -free policy statement, and
ii. Will agree to abide by terms of Grantee's condition of employment or
subcontract.
Program Name: Encampment Resolution Funding Program
Round 2 Rolling "ERF-2-R"
NOFA Date: December 01, 2022
Prep Date: October 30, 2025
EXHIBIT D
11) Child Support Compliance Act
City of Redlands
23-ERF-2-R-10011, Am. 1
(Rev. 09/2025)
Page 9 of 11
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:
Perform the work in accordance with Federal, State and Local housing and
building codes, as applicable.
Maintain at least the minimum State -required worker's compensation for
those employees who will perform the work or any part of it.
ill. 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.
iv. Agree to include and enforce all the terms of this Agreement in each
subcontract.
Program Name: Encampment Resolution Funding Program
Round 2 Rolling "ERF-2-R"
NOFA Date: December 01, 2022
Prep Date: October 30, 2025
City of Redlands
23-ERF-2-R-10011, Am. 1
(Rev. 09/2025)
Page 10 of 11
EXHIBIT D
13) Compliance with State and Federal Laws, Rules, Guidelines and Regulations
The Grantee agrees to comply with all state and federal laws, rules and regulations
that pertain to construction, health and safety, labor, fair employment practices,
environmental protection, equal opportunity, fair housing, and all other matters
applicable and/or related to the ERF program, the Grantee, its subrecipients, and all
eligible activities.
Grantee shall also be responsible for obtaining any and all permits, licenses, and
approvals required for performing any activities under this Agreement, including
those necessary to perform design, construction, or operation and maintenance of
the activities. Grantee shall be responsible for observing and complying with any
applicable federal, state, and local laws, rules or regulations affecting any such work,
specifically those including, but not limited to, environmental protection,
procurement, and safety laws, rules, regulations, and ordinances. Grantee shall
provide copies of permits and approvals to HCD upon request.
14)Inspections
a) Grantee shall inspect any work performed hereunder to ensure that the work is
being and has been performed in accordance with the applicable federal, state
and/or local requirements, and this Agreement.
b) The Department 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.
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
Program Name: Encampment Resolution Funding Program
Round 2 Rolling "ERF-2-R"
NOFA Date: December 01, 2022
Prep Date: October 30, 2025
City of Redlands
23-ERF-2-R-10011, Am. 1
(Rev. 09/2025)
Page 11 of 11
EXHIBIT D
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
Round 2 Rolling "ERF-2-R"
NOFA Date: December 01, 2022
Prep Date: October 30, 2025
City of Redlands
23-ERF-2-R-10011, Am. 1
(Rev. 0912025)
Page 1 of 2
EXHIBIT E
SPECIAL TERMS AND CONDITIONS
1) All proceeds from any interest -bearing account established by the Grantee for the
deposit of funds, along with any interest -bearing accounts opened by subrecipients
to the Grantee for the deposit of funds, must be used for eligible activities and
reported on as required by HCD.
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 the statewide
Homeless Management Information System (known as the Homeless Data
Integration System or "HDIS"), 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
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code). 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 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
Round 2 Rolling "ERF-2-R"
NOFA Date: December 01, 2022
Prep Date: October 30, 2025
City of Redlands
23-ERF-2-R-10011, Am. 1
(Rev. 09/2025)
Page 2 of 2
4XIH-
6) The Department 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.
7) Non -Bonded Funded
The Department represents that the intent of Exhibits D.1.b. Sufficiency of Funds is
only to preserve the legislature's ability to make changes to appropriations and
matters that are lawfully subject to change through the Budget Act. The Department
represents and warrants that as of the date of this Agreement the non -bond funds
referenced in the Encampment Resolution Funding Program, Round 2 Request for
Application dated October 29, 2021, 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 been commenced in
compliance with Program requirements and in accordance with the construction
commencement requirements within this Agreement. If not continuously
appropriated, said funds must be disbursed prior to any applicable disbursement or
expenditure deadline set forth in this Agreement.
Program Name: Encampment Resolution Funding Program
Round 2 Rolling "ERF-2-R"
NOFA Date: December 01, 2022
Prep Date: October 30, 2025