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HomeMy WebLinkAboutItem 5f. Approve An Encampment Resolution Fund Subreceipient Agreement with County of SLO for Welcome Home Village Item 5f Department: Community Development Cost Center: 4008 For Agenda of: 6/4/2024 Placement: Consent Estimated Time: N/A FROM: Timmi Tway, Community Development Director Prepared By: Daisy Wiberg, Homelessness Response Manager SUBJECT: APPROVE AN ENCAMPMENT RESOLUTION FUND SUBRECIPIENT AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO FOR IMPLEMENTATION OF THE WELCOME HOME VILLAGE PROJECT RECOMMENDATION Approve the Encampment Resolution Fund Subrecipient Agreement with the County of San Luis Obispo for implementation of the Welcome Home Village project and authorize the City Manager, or their designee, to execute the agreement. POLICY CONTEXT The recommended action is in alignment with the City of San Luis Obispo’s Major City Goal for Housing and Homelessness, which directs staff to collaborate with local non - profit partners, non-governmental agencies, the county, the state, and the federal government to advocate for increased funding and implementation of comprehensive and effective strategies to prevent and reduce homelessness. Additionally, the City’s Homelessness Response Strategic Plan 1 includes key components for Regional Collaboration and Engagement and Funding Opportunities that directly support the recommended action. Supporting actions include:  Objective 1: Strategically apply for funding opportunities for homelessness response in coordination with the County and non-profit partners to secure funding that may become available through Federal and State, and other sources.  Objective 2: Support efforts to establish emergency, transitional, and permanent supportive housing for key beneficiary groups including chronically homeless individuals, medically vulnerable individuals, and families. The City’s General Plan 6th Cycle Housing Element2 includes Safety as Goal 1, and Program 1.7 states “Continue to support local and regional solutions to homelessness by funding supportive programs services and housing solutions.” 1 City of San Luis Obispo Homelessness Response Strategic Plan 2 City of San Luis Obispo 6th Cycle Housing Element Page 119 of 422 Item 5f HE Goal 6 is Housing Production, which specifically states “Plan for new housing to meet the full range of community housing needs.” Program 6.20 states:  Continue to financially assist in the development of housing affordable to extremely low, very-low-, low- or moderate-income households during the planning period using State, Federal and local funding sources, with funding priority given to projects that result in the maximum housing benefits for the lowest household income levels. Goal 8 in the HE is Special Housing Needs, and includes the following policies:  8.1 – Encourage housing development that meets a variety of special needs, including large families, single parents, disabled persons, the elderly, students, veterans, farmworkers, the homeless, or those seeking congregate care, group housing, single-room occupancy, or cohousing accommodations, utilizing universal design.  8.8 – Continue to support regional efforts to address homelessness.  8.10 – Assist the homeless and those at risk of becoming homeless by supporting shelters, temporary housing, and transitional housing.  8.11 – Continue to provide resources that support local and regional solutions to meet the needs of the homeless and continue to support, jointly with other agencies, shelters and programs, such as Housing First and Rapid Rehousing, for the homeless and for displaced individuals and families. DISCUSSION Background In February 2023, the County of San Luis Obispo submitted an application to the California Interagency Council on Homelessness3 for an Encampment Resolution Fund (ERF) grant. The City was included as a project partner on the application, along with Good Samaritan Shelter and DignityMoves. The County’s proposal identified the Bob Jones Bike Trail Encampment Corridor in the City of SLO as the priority encampment area in need of resolution, as outlined in Attachment B. The funding request included outreach services, development of an 80-bed interim and permanent supportive housing community, and on-site services. On June 14, 2023, the County was announced as a recipient of the ERF grant and was awarded $13,361,999.19 to implement the Welcome Home Village project4. The funding was officially accepted by the County of San Luis Obispo Board of Supervisors on July 17, 2023. On May 21, 2024, the County of San Luis Obispo’s Board of Supervisors approved the Welcome Home Village (WHV) project, consisting of 46 permanent supportive residential housing units and 34 interim supportive residential housing units located at the corner of Johnson Ave. and Bishop St. in the City of San Luis Obispo, to reduce homelessness along the Bob Jones Bike Trail encampment corridor. 3 California Interagency Council on Homelessness 4 Welcome Home Village Project Page 120 of 422 Item 5f The Board of Supervisors’ approval included authorizing the Director of the Department of Social Services to execute the Subrecipient Agreement with the City of San Luis Obispo at a future date once final project costs are determined so long as total project costs do not exceed total amount of the ERF award. Encampment Resolution The objectives of the ERF program are to resolve encampments of critical concern throughout California and transition individuals living in those encampments into safe and stable housing. The Bob Jones Bike Trail Encampment Corridor was proposed by the City and County for the following reasons:  Health and safety concerns for encampment inhabitants,  Risks of unmitigated fires and floods for inhabitants and neighboring residents and businesses,  Environmental hazards in a fragile riparian area, and  A chronically large volume of emergency incident calls related to the encampment corridor and its inhabitants. Subrecipient Funding Allocation The County allocated $574,109.80 of the $13,361,999.19 ERF award for the City of San Luis Obispo, under the terms outlined in the Subrecipient Agreement, as shown in Attachment A. The City’s funding allocation includes budgeted funds for street outreach personnel costs, temporary restroom and trash services, technology device costs for City outreach teams, and administrative costs for Homelessness Response staff. A full budget is included in the Subrecipient Agreement. Scope of Services As outlined in the Subrecipient Agreement, the City will work collaboratively with the County and Good Samaritan Shelter to provide intensive outreach for individuals residing at the Bob Jones Bike Trail encampment corridor with the goal of connecting individuals with interim and Permanent Supportive Housing services. Good Samaritan Shelter (GSS) will deploy an outreach team that will work in collaboration with the City of SLO’s Field Team consisting of the Fire Department’s Mobile Crisis Unit (MCU), the Police Department’s Community Action Team (CAT), and Parks and Recreation Ranger Service. During the first 4-6 months of the outreach engagement plan, outreach staff will engage individuals at the BJBT encampment to build trust. The City of SLO’s Field Team will track encampment outreach efforts using GIS encampment mapping software, Survey123, and they will provide Good Samaritan Shelter with outreach data that GSS outreach staff will input into the County’s Homeless Information Management System (HMIS). Through HMIS, outreach staff will document client data and outreach efforts for individuals residing in the encampment area. Individuals in the BJBT encampment area will be prioritized for referrals to the interim supportive housing units at the Welcome Home Village. The City and Good Samaritan Shelter will work closely with CAPSLO, the Coordinated Entry System (CES) Manager for the County, on outreach implementation including the Page 121 of 422 Item 5f Coordinated Entry referral process. Inhabitants of the BJBT encampment area will be prioritized for referral to the interim supportive and permanent supportive housing placements at the Welcome Home Village. The Welcome Home Village will include 34 interim housing units that will follow a Non- Congregate Shelter model. Interim Housing will be provided for an average of 6 –12 months to assist residents in connecting to services, providing stabilization, a nd becoming document ready to transition into permanent housing. The Welcome Home Village will also include of 46 permanent supportive housing units for individuals transitioning out of homelessness or interim housing. In addition to encampment outreach, the City of SLO will provide portable restroom and trash services for the Bob Jones Bike Trail Encampment Corridor. The City will also provide temporary storage for individuals who are transitioning out of the encampment and request to have personal belongings stored for up to 90 days per the City’s Temporary Storage Guidelines. Good Samaritan Shelter will work with clients to consolidate belongings and prioritize which personal items they will take to the WHV site. During the grant period, City staff will schedule periodic cleanups of the encampment area to address health and safety concerns, debris, fire and flood mitigation, and maintenance of the trail and creek system. City staff will notify the County and Good Samaritan Shelter of all scheduled cleanups and will follow the City’s Compassionate Assistance, Mitigation and Prevention (CAMP) Standards. Performance outcomes for the City’s Subrecipient Agreement include: 1. Reduce those experiencing unsheltered homelessness by 50% in the Bob Jones Bike Trail (BJBT) encampment by 6/30/2026. 2. Provide outreach to 200 individuals in the BJBT encampment by 6/30/2026. 3. Out of the 200 to be served by outreach, transition 100 into in terim housing by 6/30/2026. 4. Decrease calls by 50% to City of San Luis Obispo Law Enforcement and Fire Department regarding BJBT by 6/30/2026. The term of the agreement will commence on the effective date when executed by the City and County, and will terminate on March 31, 2027, unless the scope of work is completed prior to that date or unless terminated for other causes. Staff are awaiting the executed Subrecipient Agreement from the County. If any substantive changes are made to the draft agreement, which has been reviewed and approved by both County Counsel and the City Attorney’s Office, staff will bring the agreement back to Council for review. Previous Council or Advisory Body Action Page 122 of 422 Item 5f On May 8, 2024, the City’s Planning Commission made a General Plan Conformity determination for the Welcome Home Village project5. The Planning Commission’s unanimously voted to adopt Resolution No. PC-1084-246 determining General Plan conformance for the General Plan Conformity Report for the purposes of dev eloping interim and supportive housing. Public Engagement In partnership with the County of SLO, City staff have participated in community outreach efforts for the Welcome Home Village project, including joint news releases, targeted outreach to neighboring businesses and residents, addressing email and phone inquiries about the Welcome Home Village, and two community meetings that were held on August 30, 2023, and May 1, 2024. The General Plan Conformity Report agenda item for the May 8, 2024, City Pla nning Commission meeting followed all required postings and notifications. The public had the opportunity to comment on the item at and before the meeting. This item is on the agenda for the June 4, 2024 , City Council meeting and will follow all required postings and notifications. The public may have the opportunity to comment on this item at or before the meeting. CONCURRENCE The Homelessness Response Steering Committee concurs with the recommended approval of the agreement. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report because the action does not constitute a “Project” under CEQA Guidelines Section 15378. Additionally, on May 21, 2024, the County of San Luis Obispo found that the County actions to approve the project and recommended action are exempt from the California Environmental Quality Act (“CEQA”) for the following reasons: a. The Project is categorically exempt from CEQA based on CEQA Guidelines Section § 15332 (In-Fill Development). As reflected in the City of San Luis Obispo (“City”) General Plan conformity determination on May 8, 2024, the Project is consistent with the City’s general plan designation and applicable general plan policies and zoning designations. The Project is located within the City and the Project site is less than five acres and is substantially surrounded by urban uses. The site is already fully developed as a parking lot and the site has no value as habitat for endangered, rare or threaten ed species. Approval of the Project would not result in any significant effects relating to traffic, 5 Planning Commission Agenda Report – 1463 Bishop Street (GENP-0175-2024) 6 Resolution No. PC-1084-24 Page 123 of 422 Item 5f noise, air quality or water quality; specifically, the Project simply establishes 80 additional permanent supportive and interim housing units within an already developed parcel. The City has adequate capacity to serve the Project with all required utilities and public services. The County further found that there are no unusual circumstances regarding the Project as the Project conforms to the City’s general plan and zoning designations. The site is surrounded by other similar and compatible uses including residential, professional medical offices and rehabilitation center public facilities (including a behavioral health facility and a probation department) as well as other supportive housing uses (i.e. Bishop Street Studios). The Project will provide supportive housing for individuals who are in the very-low-income category. As such, the Project is the type of project that otherwise qualifies for certain density bonuses, incentives and waivers of development standards per Government Code § 65915. While the County is not subject to the City’s zoning code, this Project would otherwise qualify for such density bonuses, incentives and waivers of development standards and that such density bonuses, incentives and waivers of development standards cannot be denied unless based on a “specific adverse impact” as defined in that code. To the extent that any argument is made that the Project does not qualify for the infill exemption based on inconsistencies with the City’s applicable zoning code, the County finds that such inconsistency is due to the density bonuses, incentives and waivers of development standards that the Project is afforded based on Government Code § 65915 and therefore, notwithstanding the fact that the County is immune from the City’s zoning code, such standards are not considered “applicable” based on rational in cases such as Wollmer v. City of Berkeley, (2011) 193 Cal. App. 4th 1329 and Banker’s Hill 150 v. City of San Diego, (2022) 74 Cal. App. 5th 755. Moreover, the County finds that none of the inconsistencies would result in specific adverse impacts. With respect to concerns raised regarding increased crime, trash and vagrancy, similar projec ts in places like Santa Barbara and Grover Beach evidence contrary experiences. These projects do not result in such concerns and in fact, the project have the opposite effect and help address those impacts that are caused by individuals who are homeless within the community by providing supportive housing. With respect to parking, the Board acknowledges that such impacts are not environmental impacts under CEQA (see Save Our Access – San Gabriel Mountains v. Watershed Conservation Authority) and more importantly, that County staff is in the process of identifying alternative off -street parking to offset the parking being displaced by the Project. b. The leasing of the Property to Good Sam and the Subrecipient Agreements referenced by the County are exempt from CEQA based on Government Code § 8698.4(a)(4) which statutorily exempts actions taken by a county, a to lease property owned by a county, or to provide financial assistance to, homeless shelter constructed or allowed under the Shelter Crisis law codified in Government Code §§ 8698, et seq,. On December 12, 2023, the County reaffirmed its declaration of a shelter crisis pursuant to the Shelter Crisis law and authorized the County to allow the construction of emergency shelters and other housing in order to provide additional supportive housing for individuals experiencing homelessness within the County. The Project and the agreements referenced above are all in furtherance of this declaration. Page 124 of 422 Item 5f c. That the Project qualifies as a Low Barrier Navigation Center pursuant to Government Code §§ 65660 et seq. and is a “use by right” because the zoning on the Property allows for supportive housing and the Project otherwise complies with the criteria in Government Code § 65662(a)-(d). Because the Project is a “use by right” it is statutorily exempt from CEQA per CEQA Guidelines § 15268 because it is considered ministerial in nature. d. That the Project is exempt from CEQA because it is an affordable housing project per CEQA Guidelines § 15195 and it is less than four acres in size, no building exceeds 100,000 square feet, it is a residential project on an infill site, is within one -half mile a major transit stop, is less than 100 units and promotes higher density infill housing and will meet the affordable housing requirements in 14 CCR 15195(a)(5) and none of the criteria in 14 CCR 15195(b) apply. e. That the Project is exempt from CEQA per CEQA Guidelines § 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity i n question may have a significant effect on the environment. The Project is a relatively moderate - scale single story supportive housing project on land that allows for supportive housing. The site is surrounded by other similar and compatible uses includin g residential, professional medical offices and rehabilitation center public facilities (including a behavioral health facility and a probation department) as well as other supportive housing uses (i.e. Bishop Street Studios). The Project will target individuals who are currently living within the Bob Jones Creek corridor for housing opportunities. Experiences by other local agencies in other locations such as Santa Barbara and Grover Beach with a similar type of housing project have not resulted in any environmental impacts. In fact, those experiences result in positive impacts to the environmental quality of the area. The County Board of Supervisors found that the Project is exempt from CEQA on any one of the exemptions listed above and did not rely on this determination based on these findings cumulatively. FISCAL IMPACT Budgeted: No Budget Year: 2024-25 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ $ $ $ State Federal Fees Other: $574,109.80 Page 125 of 422 Item 5f Encampment Resolution Funding Total $574,109.80 $ $ $ City Council’s approval of the Encampment Resolution Fund (ERF) subrecipient agreement will have a positive fiscal impact. Total funding amount assumes full allocation of ERF subrecipient funds allocated for the City of San Luis Obispo. City matching funds are not required for this funding opportunity. ALTERNATIVES 1. Council could request revisions to the Subrecipient Agreement with the County of San Luis Obispo. Under this alternative, the City would submit the requested revisions to the City Attorney’s Office and County Counsel for review. County Board of Supervisors would have the final authority to approve or deny the requested revisions, and City staff would return to Council with the Subrecipient Agreement. 2. Council could decide not to approve the Subrecipient Agreement with the County of San Luis Obispo. Under this alternative, the City would not be able to fulfill its obligations as outlined on the ERF grant application. Staff does not recommend this alternative. ATTACHMENTS A - Draft ERF Subrecipient Agreement with County of SLO B - Bob Jones Bike Trail Encampment Corridor Map Page 126 of 422 City of San Luis Obispo ERF-2-R Allocation SUBRECIPIENT AGREEMENT FOR ENCAMPMENT RESOLUTION FUNDING PROGRAM ROUND 2 BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO This Agreement for the provision of Encampment Resolution Funding Program Round 2 funding for homeless services (herein referred to as the “Agreement”), is made and entered into this date _________________ by and between the County of San Luis Obispo, hereinafter called the "COUNTY," and the City of San Luis Obispo, hereinafter called the "SUBRECIPIENT". RECITALS WHEREAS, 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 o f Division 31 of the Health and Safety Code. Amended by SB 197 (Statutes of 2022, Chapter 70, Sec.3 -8, effective June 30, 2022); and WHEREAS, the Program is administered by the California Interagency Council on Homelessness (“Cal ICH”) 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 Agre ement governs the Rolling Disbursement in Round 2 of the ERF Program (“ERF -2-R”). For this 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); and WHEREAS, the County applied to the Agency for an Encampment Resolution Project which targets the Bob Jones Encampment in the County of San Luis Obispo and in the City of San Luis Obispo; and WHEREAS, on July 11, 2023, the County of San Luis Obispo Board of Supervisors approved a grant allocation agreement with Cal ICH for the Encampment Resolution Funding rolling grant; and WHEREAS, the COUNTY entered into Standard Agreement Number 23-ERF-2-R-10004 with the Agency, dated August 8, 2023, and attached hereto as Exhibit “D”; and WHEREAS, the COUNTY desires to allocate a total sum of $574,109.80 of the $13,361,999.19 award to SUBRECIPIENT for the project; and NOW THEREFORE, the parties mutually agree as follows: 1. Scope of Services. COUNTY hereby engages SUBRECIPIENT to perform, and SUBRECIPIENT hereby agrees to perform, the services set forth in Exhibit “A”, attached hereto and incorporated herein by reference, pursuant to the terms and conditions hereinafter set forth. Page 127 of 422 City of San Luis Obispo ERF-2-R Allocation 2. Term of Contract. The term of this Agreement shall commence on the effective date of October 1, 2023, and shall terminate March 31, 2027, unless said work is completed prior to that date or unless sooner terminated as hereinafter provided. 3. Compensation. SUBRECIPIENT shall be compensated by COUNTY for performing said services in accordance with the terms set forth in Exhibit “B”, attached hereto and incorporated herein by reference. 4. Non-Exclusivity. Nothing in this Agreement is intended or shall be construed as creating any exclusive arrangement between the COUNTY and SUBRECIPIENT. This Agreement shall not restrict the COUNTY or any of its departments from acquiring similar, equal or like goods and/or services from other entities or sources, nor is SUBRECIPIENT restricted from performing similar services outside the project scope. 5. Termination of Contract for Convenience of Either Party . Either party may terminate this Agreement at any time by giving to the other party THIRTY (30) days' prior written notice of such termination. Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination. SUBRECIPIENT shall be paid for all accepted goods and work satisfactorily completed and accepted by COUNTY, and for all goods and work reasonably planned for or prepared, prior to the effective date of the termination. Termination of this Agreement may be effectuated by the Director of Department of Social Services without the need for action, approval or ratification of the Director of the Department of Central Services or the Board of Supervisors. 6. Termination of Contract for Cause. If SUBRECIPIENT (1) fails to perform SUBRECIPIENT's duties to the satisfaction of the COUNTY, or (2) fails to fulfill in a timely and professional manner SUBRECIPIENT's obligations under this Contract, or (3) violates any of the terms or provisions of this Contract, then COUNTY shall notify the SUBRECIPIENT in writing of such failure or violation. This notice must give SUBRECIPIENT at least ten calendar days (the “cure period”) to perform the work or cure the deficiency. If SUBRECIPIENT has not performed the work or cured the deficiency within the cure period, COUNTY shall have the right to terminate this Contract effective immediately upon expiration of the cure period. Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination. SUBRECIPIENT shall be paid for all work satisfactorily completed and accepted by the COUNTY prior to the effective date of such termination. If COUNTY's termination of SUBRECIPIENT for cause is defective for any reason, including but not limited to COUNTY's reliance on erroneous facts concerning SUBRECIPIENT's performance, or any defect in notice thereof, COUNTY's maximum liability, if any, shall not exceed the amount payable to SUBRECIPIENT under this Contract, plus any compensation for damages actually suffered by SUBRECIPIENT due to COUNTY’s defective termination for cause. 7. Suspension of Performance. Independent of any right to terminate this Agreement, the authorized representative of the COUNTY department or agency for which SUBRECIPIENT’S services are to be performed, may immediately suspend performance by SUBRECIPIENT, in whole or in part, in response to exigent health, safety or financial circumstances, or a failure or refusal by SUBRECIPIENT to comply with the provisions of this Agreement, until such time as the cause for suspension is resolved, or a Page 128 of 422 City of San Luis Obispo ERF-2-R Allocation notice of termination becomes effective. Additionally, SUBRECIPIENT may immediately suspend performance, in whole or in part, in response to exigent health, safety or financial circumstances, until such time as the cause for suspension is resolved or a notice of termination becomes effective. 8. Nondiscrimination. SUBRECIPIENT agrees that it will abide by all applicable federal, state, and local laws, rules and regulations concerning nondiscrimination and equal opportunity in contracting. Such laws include, but are not limited to, the following: Title VII of the Civil Rights A ct of 1964 as amended; the Americans with Disabilities Act of 1990; the Rehabilitation Act of 1973; California Fair Employment and Housing Act; and California Labor Code sections 1101 and 1102. SUBRECIPIENT shall not discriminate against any employee, subc ontractor, or applicant for employment because of race, age, color, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, national origin, political beliefs, organizational affiliations, or marital status in the recruitment, selection for training, hiring, employment, utilization, promotion, playoff, rates of pay or other forms of compensation. SUBRECIPIENT shall not discriminate in providing the goods or services under this Contract because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, marital status, or other category protected under the law. If COUNTY finds that any of these provisions have been violated, such violation shall constitute a material breach of contract upon which COUNTY may determine to cancel, terminate, or suspend this Contact. In addition to an independent finding by COUNTY of such violation, a finding by the State of California or by the United States of a violation shall constitute a finding by COUNTY of such violation. 9. Assignment, Delegation or Subcontracting of Contract . SUBRECIPIENT may contract with businesses for trash receptacle placement, portable restrooms, and removal of trash and debris in accordance with City purchasing practices and encampment clean up guidelines. SUBRECIPIENT shall not assign any of SUBRECIPIENT’s rights, delegate any of SUBRECIPIENT’s duties, or subcontract any other portion of SUBRECIPIENT’s obligations under this Contract without the prior written consent of the COUNTY. No assignment, delegation or subcontracting will release SUBRECIPIENT from any of its obligations or alter any of its obligations to be perform ed under this Contract. Any attempted assignment, delegation or subcontracting in violation of this provision is voidable at the option of the COUNTY. If subcontracting is approved by the COUNTY, SUBRECIPIENT shall remain primarily liable for all of its obligations under the Contract. SUBRECIPIENT is responsible for payment to subcontractors and must monitor, evaluate, and account for the subcontractor(s) services and operations. 10. Authority of Subrecipient. If SUBRECIPIENT is a corporation or a limited liability company and is performing services within California, SUBRECIPIENT represents and warrants that it is and will remain, throughout the term of this Contract, either a duly organized, validly existing California corporation or limited liability company in good standing under the laws of the State of California or a duly organized, validly existing foreign corporation or limited liability company in good standing in the state of incorporation or organization and authorized to transact business in the State of California and have an agent for service of process in California. SUBRECIPIENT warrants that it has full power and authority to Page 129 of 422 City of San Luis Obispo ERF-2-R Allocation enter into and perform this Contract, and the person(s) signing this Contract warrant that he or she has been properly authorized and empowered to enter into this Contract. 11. Governing Law and Venue. This Contract has been executed and delivered in the State of California and the validity, enforceability and interpretation of any of the clau ses of this Contract shall be determined and governed by the laws of the State of California. All duties and obligations of the parties created hereunder are performable in San Luis Obispo County and such County shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Contract. The parties will submit to the jurisdiction of the Superior Court of the County of San Luis Obispo, notwithstanding Code of Civil Procedure section 394, as may be amended from time to time. 12. Independent Contractor Status. SUBRECIPIENT shall, during the entire term of the Contract, be construed to be an independent contractor. Nothing in this Contract is intended or shall be construed to create an employer-employee relationship, a joint venture relationship, or to allow COUNTY to exercise discretion or control over the professional manner in which SUBRECIPIENT performs the services which are the subject matter of this Contract; provided always however that the services to be provided by SUBRECIPIENT shall be provided in a manner consistent with all applicable standards , regulations and Contract terms governing such services. SUBRECIPIENT understands and agrees that SUBRECIPIENT's personnel are not and will not be eligible for membership in or any benefits from any COUNTY group plan for hospital, surgical or medical insurance or for membership in any COUNTY retirement program or for paid vacation, paid sick leave, or other leave, with or without pay or for any other benefit which accrues to a COUNTY employee. 13. Warranty of Contractor. SUBRECIPIENT warrants that SUBRECIPIENT and each of the personnel employed or otherwise retained by SUBRECIPIENT are properly certified licensed and insured under the laws and regulations of the State of California to provide the special services under this Contract. SUBRECIPIENT further agrees that it shall keep in full force and effect during the entire term o f this Contract, all permits, registrations, and licenses, if required by law or contract, to accomplish the work specified herein. 14. Mutal Indemnification. To the fullest extent permitted by law, SUBRECIPIENT shall indemnify, defend, and hold harmless the COUNTY and its officers, agents, employees, and volunteers from and against all claims, demands, damages, liabilities, loss, costs, and expense (including attorney’s fees and costs of litigation) of every nature arising out of this Contract to the extent caused by the negligent performance or attempted performance or the provisions hereof, including any willful or negligent act or omission to act on the part of the SUBRECIPIENT or its agents or employees or independent contractors. This indemnity will not extend to any claims or losses arising out of the negligence or willful misconduct of the COUNTY. To the fullest extent permitted by law, COUNTY shall indemnify, defend, and hold harmless SUBRCIPIENT and its officers, agents, employees, and volunteers from and against all claims, demands, damages, liabilities, loss, costs, and expense (including attorney’s fees and costs of litigation) of every nature arising out of this Contract to the extent caused by the negligent performance or attempted performance or the provisions hereof, including any willful or negligent act or omission to act on the part of the COUNTY or its Page 130 of 422 City of San Luis Obispo ERF-2-R Allocation agents or employees or independent contractors. This indemnity will not extend to any claim s or losses arising out of the negligence or willful misconduct of the SUBRECIPIENT. 15. Insurance. SUBRECIPIENT, at its sole cost and expense, shall purchase and maintain the insurance policies set forth in Exhibit “C”. 16. Records. SUBRECIPIENT shall keep complete and accurate records of the services performed under this Contract, including personnel timecards and invoices for services. The SUBRECIPIENT shall allow the COUNTY Auditor to inspect and audit any and all books, and records maintained by SUBRECIPIENT and subcontractors pertaining to the services under this Contract at any reasonable time during normal business hours. Books and records include, without limitation, all physical records originated or prepared pursuant to the performance under this Contract including work papers, reports, financial records and books of account. Upon request, at any time during the period of this Contract, and for a period of three years thereafter, the SUBRECIPIENT shall furnish any such record, or copy thereof, to the COUNTY Auditor. 17. Audit Rights Pursuant to Government Code section 8546.7, every contract involving the expenditure of public funds in excess of $10,000 is subject to examination and audit of the State auditor, a t the request of the public entity or as part of any audit of the public entity, for a period of three years after final payment under the Contract. SUBRECIPIENT shall permit the State Auditor to have access to any pertinent books, documents, papers and records for the purpose of said audit. COUNTY shall advise SUBRECIPIENT if it becomes aware of such audit at least fourteen (14) days prior to the commencement of the audit, or within five (5) days of COUNTY becoming aware of the audit, whichever date is earlier. All payments made under this Contract shall be subject to an audit at COUNTY’s option, and shall be adjusted in accordance with said audit. The SUBRECIPIENT shall be responsible for receiving, replying to, and complying with any audit exceptions set forth in any COUNTY audits. This provision is in addition to any other inspection and access rights set forth in this Contract. 18. Accounting. SUBRECIPIENT shall adhere to the accounting requirements, financial reporting, and internal control standards as described in the Auditor-Controller Contract Accounting and Administration Handbook, (Handbook) which contains the minimum required procedures and controls that must be employed by SUBRECIPIENT’s accounting and financial reporting system, and which is incorporated herein by reference. SUBRECIPIENT shall require subcontractors to adhere to the Handbook for any services funded through this contract, unless otherwise agreed upon in writing by COUNTY. The Handbook is available at https://www.slocounty.ca.gov/Departments/Auditor-Controller-Treasurer-Tax- Collector-Public-/Forms-Documents/Resources-for-Vendors/Contract-Accounting-Handbook.pdf or at the Auditor-Controller's Office, 1055 Monterey Street Room D220, County Government Center, San Luis Obispo, California, 93408. 19. Cost Disclosure - Documents and Written Reports. Pursuant to Government Code section 7550, if the total cost of this Contract is over Five Thousand Dollars ($5,000), the SUBRECIPIENT shall include in all documents and in all written reports falling within section 7550, a written summary of costs, which shall set forth the numbers and dollar amounts of all contracts and subcontracts relating to the Page 131 of 422 City of San Luis Obispo ERF-2-R Allocation preparation of such documentation or written report. The contract and subcontract numbers and dollar amounts shall be contained in a separate section of such document or written report. 20. Copyright. Any reports, maps, documents or other materials produced in whole or part under this Contract shall be the property of the COUNTY and shall not be subject to an application for copyright by or on behalf of SUBRECIPIENT. 21. Findings Confidential. No reports, maps, information, documents, or any other materials given to or prepared by SUBRECIPIENT under this Contract shall be made available to any individual or organization by SUBRECIPIENT without the prior written approval of COUNTY, unless disclosure is required by law. SUBRECIPIENT will notify COUNTY in advance of any such disclosure . 22. Equipment and Supplies. SUBRECIPIENT will provide all necessary equipment and supplies in order to carry out the terms of this Contract. 23. Conflict of Interest. SUBRECIPIENT acknowledges that SUBRECIPIENT is aware of and understands the provisions of Sections 1090 et seq. and 87100 et seq. of the Government Code, which relate to conflict of interest of public officers and employees. SUBRECIPIENT certifies that SUBRECIPIENT is unaware of any financial or economic interest of any public officer or employee of the COUNTY relating to this Contract. SUBRECIPIENT agrees to comply with applicable requirements of Government Code section 87100 et seq. during the term of this Contract. 24. Time is of the Essence. Time is of the essence in the delivery of the goods and/or services by SUBRECIPIENT under this Contract. COUNTY reserves the right to refuse any goods or services and to cancel all or any part of the good not conforming to applicable specifications, drawings, samples, or descriptions, or services that do not conform to the prescribed scope of work. Acceptance of any part of the order for goods or services shall not bind COUNTY to accept future goods and services. 25. Waiver. The acceptance by COUNTY of late or partial performance of any goods or services with or without objection or reservation shall not waive the right to claim damage for such breach and shall not constitute a waiver of the rights or requirements for the complete and timely performance of any obligation remaining to be performed by the SUBRECIPIENT, or of any other claim, right or remedy of the COUNTY. 26. Enforceability. If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the pro visions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 27. Entire Agreement and Modification. This Contract supersedes all previous contracts between the parties related to the services and/or goods which are the subject of this Contract. It constitutes the entire understanding of the parties with respect to the goods and services. SUBRECIPIENT shall be entitled to no other benefits than those specified herein. No changes, amendments or alterat ions shall be effective unless in writing and signed by both parties. SUBRECIPIENT specifically acknowledges that in entering into and executing this Contract, SUBRECIPIENT relies solely upon the provisions contained in this Contract and no others. This Contract may be executed via facsimile or pdf e-mail, and in any number of counterparts, each of which shall be considered an original and all of which, taken together, shall constitute one and the same instrument. Page 132 of 422 City of San Luis Obispo ERF-2-R Allocation 28. Notices. Any notice required to be given pursuant to the terms and provisions of this Contract shall be in writing and shall be sent by first class mail, posted prepaid, through the United States Postal Service, to the COUNTY at: Homeless Services Division Department of Social Services County of San Luis Obispo PO Box 8119 San Luis Obispo, CA 93403 and to the SUBRECIPIENT: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 or given by personal delivery. Mailed notices shall be deemed to have been given, delivered and received three (3) business days after the date of such notice or other communication is posted by the United States Postal Service. Page 133 of 422 City of San Luis Obispo ERF-2-R Allocation IN WITNESS THEREOF, COUNTY and SUBRECIPIENT have executed this Contract on the day and year first hereinabove set forth CITY OF SAN LUIS OBISPO By: By: WHITNEY MCDONALD CHRISTINE DIETRICK Interim City Manager City Attorney Dated: Dated: COUNTY OF SAN LUIS OBISPO Department of Social Services By: Dated: DEVIN DRAKE Director APPROVED AS TO FORM AND LEGAL EFFECT: RITA L. NEAL County Counsel By: Dated: Deputy County Counsel Page 134 of 422 City of San Luis Obispo ERF-2-R Allocation EXHIBIT A SCOPE OF SERVICES ENCAMPMENT RESOLUTION FUNDING PROGRAM ROUND 2 (ERF-2-R) GRANT Organization Name: City of San Luis Obispo Project Name: Encampment Resolution Funding Program Project Address: 3451 South Higuera Street, San Luis Obispo, CA 93401 Amount of ERF-2-R funding award: $574,109.80 Project Description: The City of San Luis Obispo will work collaboratively with the County and Good Samaritan Shelter to provide intensive outreach for individuals residing at the Bob Jones Bike Trail encampment area outlined in the ERF application with the goal of connecting individuals with interim and Permanent Supportive Housing (PSH) services. Good Samaritan Shelter (GSS) will deploy an outreach team that will work in collaboration with the City of SLO Field Teams consisting of the Fire Departme nt’s Mobile Crisis Unit (MCU), the Police Department’s Community Action Team (CAT), and Parks and Recreation Ranger Service. During the first 4-6 months of the outreach engagement plan, teams will engage individuals at the BJBT encampment to build trust. The City of SLO’s Field Team will track encampment outreach efforts using GIS encampment mapping software, Survey123, and they will provide Good Samaritan Shelter with outreach data that GSS outreach staff will input into HMIS. The HMIS database system will help to track individuals that are already residing in the area and will feed into the Coordinated Entry System (CES). Through CES, residents of the BJBT encampment will be identified and offered interim housing at the Welcome Home Village. The Village will consist of 34 interim housing units that will follow a Non-Congregate Shelter model. Interim Housing will be provided for an average of 6–12 months to assist residents in connecting to services, providing stabilization, and becoming document ready to transition to permanent housing. The Village will also consist of 46 Single Room Occupancy individual units that will provide PSH for individuals as they transition from interim housing into PSH. In addition to encampment outreach, the City of SLO will pro vide portable restroom and trash services for the Bob Jones Bike Trail Encampment Corridor. The City will also provide temporary storage for individuals who are transitioning out of the encampment and request to have personal belongings stored for up to 90 days per the City’s Temporary Storage Guidelines. During the grant period, City staff will schedule periodic cleanups of the encampment area to address health and safety concerns, debris, fire and flood mitigation, and maintenance of the trail and creek system. City staff will notify the County and Good Samaritan Shelter of all scheduled cleanups and will follow the City’s Compassionate Assistance, Mitigation and Prevention (CAMP) Standards. Performance Outcomes:1 1. Reduce those experiencing unsheltered homelessness by 50% in BJBT encampment by 6/30/2026 2. Provide outreach to 200 individuals in the BJBT encampment by 6/30/2026 3. Out of the 200 to be served by outreach, transition 100 into interim housing by 6/30/2026 4. Decrease calls by 50% to City of San Luis Obispo Law Enforcement and Fire Department regarding BJBT by 6/30/2026. 1 The Parties acknowledge and agree that these Performance Outcomes are aspirational but, due to a variety of known and unknown factors including those outside the control of either Party, may not be achieved. Should any of these Performance Outcomes not be met during the Term of this Agreement, any such non -fulfillment shall not constitute a breach of this Agreement by either Party. Page 135 of 422 City of San Luis Obispo ERF-2-R Allocation Page 136 of 422 City of San Luis Obispo ERF-2-R Allocation EXHIBIT B COMPENSATION AND BILLING ENCAMPMENT RESOLUTION FUNDING PROGRAM ROUND 2 (ERF-2-R) GRANT 1. Compensation: County shall pay to Subrecipient as compensation in full for all services performed by Subrecipient pursuant to this Agreement, the following sum(s) in the following manner: a. County’s Maximum Cost: Subrecipient understands that the Contractor shall not expend more than five hundred seventy-four thousand one hundred nine dollars and eighty cents ($574,109.80) for all services under this Agreement, pursuant to the project budget in Exhibit B-1, which is incorporated herein by reference. b. Subrecipient shall be reimbursed for all necessary and reasonable costs incurred on behalf of the County within the limits obligated by the Agreement and established by the budget. Any costs incurred by the Subrecipient over and above the sums obligated by the Agreement or set out in the budget shall be at the sole risk and expense of the Subrecipient. 2. Billing: a. Subrecipient shall submit to the County, by the 20th of each month, an itemized statement/invoice of services performed during that preceding period utilizing a form provided by the County. Additionally, final June invoices shall be received no later than the 5th business day of July in order to meet County fiscal year-end deadlines. b. The invoice shall include a monthly total and itemization of all costs by budget line item, arranged in the same order as the approved budget. The invoice shall be accompanied by appropriate documentation as proof of and/or justification for each expenditure made. Please use the last date of the service period as the invoice date. c. All fiscal reports and billing shall be submitted to George Solis, Department of Social Services, Homeless Services Division, PO Box 8119, San Luis Obispo, CA 93403 or via email at SS_homelessgrants@co.slo.ca.us. d. In addition to withholding payment due to disputed charges on an invoice, County shall have the right to withhold payment to Subrecipient un der the following conditions: i. If, in the County’s opinion, as issued in writing by the County of San Luis Obispo Director of Department of Social Services, Subrecipient’s performance, in whole or in part, has not been carried out. County shall notify Subrecipient of any perceived failure of performance pursuant to the terms of the Agreement between Subrecipient and County. ii. If Subrecipient has not documented or has not sufficiently documented Subrecipient’s services according to client records standards of the industry and any special requirements needed by third party payor(s) or State or Federal funding agencies. Page 137 of 422 City of San Luis Obispo ERF-2-R Allocation iii. If Subrecipient has failed or refused to furnish information or cooperate with any inspection, review or audit of the Program or County’s use of Program. This includes interviews or reviews of records in any form of information storage. iv. Any payment withheld pursuant to this subsection (d) shall be promptly paid to Subrecipient upon Subrecipient’s good faith and timely correction of the conditi on giving rise to withholding the payment. 3. Payments: County shall, within thirty (30) days after the receipt of an approved itemized statement from Subrecipient meeting all criteria in this Agreement, pay the undisputed charges on the invoice. If there are any disputed charges on the invoice, County shall include an explanation of the nature of the dispute with the payment for the undisputed charges. The parties shall exchange any information needed to resolve the dispute within a reasonable time. 4. Expenditure Requirements: In accordance with the California Interagency Council on Homelessness Notice of Funding Availability all ERF-2-R grant funds (100 percent) must be expended by June 30, 2026. Any funds not expended by that date shall revert to the fund of origin. (Health & Safety Code, § 50253, (e)(5).) 5. Budget Adjustments: a. Subrecipient agrees to adhere to this budget. Requests for budget adjustments to reallocate funds among budget categories contained in Exhibit B-1 shall be requested in advance, in writing, with a showing of good cause that advances the overall purpose of the Agreement. The County of San Luis Obispo Director of Social Services (Director) or designee shall, in advance and in writing, approve and execute any budget adjustment before Subrecipient may render any services pursuant to said budget adjustments. Services rendered pursuant to any budget adjustment that has not first been requested in writing, and approved by the Director or designee in writing, shall not be payable under this Agreement or any later Agreement amendment. b. The Board of Supervisors expressly grants to the County of San Luis Obispo Director of Social Services or designee the authority to approve said budget adjustments provided the change does not increase the maximum compensation under this Agreement or any other burden of the County under this Agreement. c. Subject to prior review and approval of the County of San Luis Obispo Director of Social Services or designee, budget category shifts of up to twenty-five percent (25%) are allowed, so long as the Agreement total neither increases nor decreases. Budget c ategory shifts meeting criterion shall not require a formal Agreement amendment. Budget category shifts not meeting this criterion shall require a formal Agreement amendment. Page 138 of 422 City of San Luis Obispo ERF-2-R Allocation EXHIBIT B-1 BUDGET ENCAMPMENT RESOLUTION FUNDING ROUND 2 (ERF-2-R) GRANT Organization Name: City of San Luis Obispo Project Name: Encampment Resolution Funding Program Project Address: 3451 South Higuera Street, San Luis Obispo, CA 93401 Amount of ERF-2-R funding award: $574,109.80 Please see following page for line-item budget. Page 139 of 422 City of San Luis Obispo ERF-2-R Allocation STREET OUREACH - PERSONNEL COSTS OVERVIEW SALARY FTE MONTHS ERF-2-R BUDGET Parks & Recreation Parks & Recreation Ranger $64,740.00 0.5 24 $64,740.00 Parks & Recreation Parks & Recreation Ranger $56,056.00 0.5 24 $56,056.00 Public Works Maintenance Contracts Coordinator $76,778.00 0.05 24 $3,839.90 Public Works Deputy Director - Maintenance Operations $137,488.00 0.05 24 $13,748.80 SLO Police Department Community Action Team (CAT) Social Worker $55,167.00 0.3 24 $33,100.20 SLO Police Department Community Action Team (CAT) Police Officer $101,634.00 0.3 24 $60,980.40 SLO Fire Department Mobile Crisis Unit (MCU) Social Worker $61,787.00 0.35 24 $43,250.90 SLO Fire Department Mobile Crisis Unit (MCU) Firefighter / Paramedic $79,352.00 0.35 24 $55,546.40 Subtotal - Personnel Costs $331,262.60 STREET OUTREACH NON-PERSONNEL COSTS UNIT RATE TIME ERF-2-R BUDGET Public Works Temporary Restrooms 2 $1,800 24 $86,400.00 Public Works Temporary Trash Services 2 $600 24 $28,800.00 Public Works Trash & Recycling Receptacles 2 $4,772.60 1 $9,545.20 PD / Fire Technology - Devices 2 $500 1 $1,000.00 PD / Fire Technology - Monthly Service 2 $40 24 $1,920.00 Parks & Recreation Trash Removal Services 1 $1,000 24 $24,000.00 Subtotal - Non-Personnel Costs $151,665.20 ADMINISTRATIVE COSTS OVERVIEW SALARY FTE MONTHS ERF-2-R BUDGET Community Development Homelessness Response Manager $116,688.00 0.25 24 $58,344.00 Community Development Homelessness Response Coordinator $65,676.00 0.25 24 $32,838.00 Subtotal - Administrative Costs $91,182.00 TOTAL BUDGET $574,109.80 Page 140 of 422 City of San Luis Obispo ERF-2-R Allocation EXHIBIT C INSURANCE REQUIREMENTS ENCAMPMENT RESOLUTION FUNDING PROGRAM ROUND 2 (ERF-2-R) GRANT INSURANCE Coverage Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis for bodily injury and property damage, including products - completed operations, personal injury and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. Automobile liability coverage may be included in Contractor’s general liability policy. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Contractor will provide leased employees, or, is an employee leasing or temporary staffing firm or a professional employer organization (PEO), coverage shall also include an Alternate Employer Endorsement (providing scope of coverage equivalent to ISO policy form WC 00 03 01 A) naming the County as the Alternate Employer, and the endorsement form shall be modified to provide that County will receive not less than thirty (30) days advance written notice of cancellation of this coverage provision. If applicable to Contractor’s operations, coverage also shall be arranged to satisfy the requirements of any federal workers or workmen’s compensation law or any federal occupational disease law. If the Contractor maintains higher limits than the minimums shown abo ve, the County requires and shall be entitled to coverage for the higher limits maintained by the contractor. OTHER INSURANCE Provisions The insurance policies are to contain, or be endorsed to contain the following provisions: Additional Insured Status The County, its officers, officials, employees, and volunteers are to be covered as insureds on the auto policy with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and volunteers. Any insurance or self -insurance Page 141 of 422 City of San Luis Obispo ERF-2-R Allocation maintained by the County, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the County. Failure to Maintain Insurance Contractor’s failure to maintain or to provide acceptable evidence that it maintains the required insurance shall constitute a material breach of the Contract, upon which the County immediately may withhold payments due to Contractor, and/or suspend or terminate this Contract. The County, at its sole discretion, may obtain damages from Contractor resulting from said breach. Waiver of Subrogation Contractor hereby grants to County a waiver of any right to subrogation which any insurer of said Contractor may acquire against the County by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the County has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the County. The County may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the County. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Separation of Insureds All liability policies shall provide cross-liability coverage as would be afforded by the standard ISO (Insurance Services Office, Inc.) separation of insureds provision with no insured versus insured exclusions or limitations. Verification of Coverage Contractor shall furnish the County with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the County before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Certificates and copies of any required endorsements shall be sent to: County of San Luis Obispo Department of Social Services – Homeless Services Division Page 142 of 422 City of San Luis Obispo ERF-2-R Allocation PO Box 8119 San Luis Obispo CA 93403 Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. Special Risks or Circumstances County reserves the right to modify these requirements, including limits, based on the nature of th e risk, prior experience, insurer, coverage, or other special circumstances. Page 143 of 422 City of San Luis Obispo – ERF-2-R Allocation EXHIBIT D ENCAMPMENT RESOLUTION FUNDING PROGRAM ROUND 2 (ERF-2-R) GRANT PROGRAM REQUIREMENTS 1. Ineligible Costs ERF-2-R funds shall not be used for costs associated with activities in violation, conflict, or inconsistent with HSC Sections 50250-50254, other applicable laws, the terms and conditions of this agreement, Cal ICH guidance or directives, the NOFA under which the County applied, representations contained in the County’s application, and the Purpose of the Program . 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 ex periencing 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. Cal ICH, at its sole and absolute discretion, shall make the final determination regarding the allowability of ERF expenditures. Cal ICH and the County 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 County or Subrecipient use ERF funds to pay for ineligible activities, the County and Subrecipient shall be required to reimburse these funds to Cal ICH at an amount and timeframe determined by Cal ICH. An expenditure which is not authorized by this Agreement, or by written approval of Cal ICH, or which cannot be adequately docum ented, shall be disallowed, and must be reimbursed to Cal ICH by the County and Subrecipient at an amount and timeframe determined by Cal ICH. 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 Cal ICH in writing reimbursements are not permitted for any Program expenditures prior to this Agreement’s date of execution. 2. Reporting Requirements a) Timing and Format of Reports The County and Subrecipient are required to provide Cal ICH or its agents with all data and outcomes that may inform an assessment of the funded proposal. The County and Subrecipient shall report quarterly and have one Final Work Product submitted prior to this Agreement’s termination. Page 144 of 422 City of San Luis Obispo – ERF-2-R Allocation The quarterly reports shall be submitted on a template to be provided by Cal ICH at least 90 days prior to the first reporting deadline. Cal ICH may request interim reports as needed and will provide no less than 30 days’ notice to the County and Subrecipient. b) Required Data The County and Subrecipient 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 Cal ICH approved, standardized budget; and  Continued confirmation that projects receiving ERF funds are populated timely into HMIS and use Cal ICH supplied funding codes. Cal ICH’s discretion in identifying which information shall be included in these reports is final. c) Cal ICH Usage of Reports Pursuant to HSC Section 50254(b)(4), Council 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. d) Failure to Report If the County and Subrecipient fails to provide any such report, Cal ICH may recapture any portion of the amount authorized by this Agreement with a 14-day written notification. 3. Evaluation a) At Cal ICH’s discretion, the County and Subrecipient shall participate in a program evaluation regarding their implementation of ERF-2-R awards. To support this effort, Cal ICH will contract a third party to complete the evaluation. b) County and Subrecipient are expected to be close partners with Cal ICH 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, the County must cooperate with Cal ICH 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 Cal ICH or its designee. c) For the purpose of evaluation, Cal ICH or its designee may visit sites related to the project and film, tape, photograph, interview, and otherwise document the County’s and Subrecipient’s operations during normal business hours and with reasonable advance notice. Cal ICH will comply with the County’s and Subrecipient’s site visit terms during any site visits. d) County and Subrecipient should maintain active data, documents, and filings in anticipation of this evaluation. Special care should be taken to organize and preserve internal work produc ts that guided implementation by the County or Subrecipient. e) County shall notify Cal ICH and provide copies of any reports or findings if the County conducts or commissions any third-party research or evaluation regarding their funded project. f) All terms and conditions that apply to reporting similarly apply to evaluation. Page 145 of 422 City of San Luis Obispo – ERF-2-R Allocation 4. Inspection Subrecipient and Retention of Records a. Record Inspection The Subrecipient agrees that County or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement. The Subrecipient agrees to provide County, or its designee, with any relevant information requested. The Subrecipient agrees to give County 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 ERG laws, Cal ICH guidance or directives, and this Agreement. In accordance with Health and Safety Code section 50220.5, Subdivision (l), if upon inspection of records COUNTY identifies noncompliance with grant requirements COUNTY retains the right to impose a corrective action plan on the SUBRECIPIENT. b. Record Retention The Subrecipient 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 rec ords must be retained until completion of the action and resolution of all issues which arise from it. 5. Nondiscrimination During the performance of this Agreement, 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, and denial of medical and family care leave or pregnancy disability leave. Subrecipients shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. 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, § 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135 - 11139.5). Subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 6. Conflict of Interest All Subrecipients are subject to state and federal conflict of interest laws. For instance, Health and Safety Code section 50220.5, subdivision (i) states, "For purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committ ee, 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." 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. Page 146 of 422 City of San Luis Obispo – ERF-2-R Allocation 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 County, 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 Subrecipient with any State County 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 County. 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 County if he or she was employed by that State County 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 Subrecipient: Employees of the Subrecipient 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 197 4 (Gov. Code, § 81000 et seq.). 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. 7. Drug-Free Workplace Certification Certification of Compliance: By signing this Agreement, Subrecipient hereby certifies, under penalty of perjury under the laws of State of California, that it will comply with the requirements of the Drug- Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a d rug-free workplace by taking the following actions: a. 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 tak en against employees, or Subrecipients for violations, as required by Government Code section 8355, subdivision (a)(1). b. Establish a Drug-Free Awareness Program, as required by Government Code section 8355, subdivision (a)(2) to inform employees, or Subrec ipients about all of the following: i. The dangers of drug abuse in the workplace; ii. Subrecipient'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, and Subrecipients for drug abuse violations. c. 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 Subrecipients drug-free policy statement, and ii. Will agree to abide by terms of subrecipient's condition of employment or subcontract. 8. Child Support Compliance Act For any Contract Agreement in excess of $100,000, the Subrecipient acknowledges in accordanc e with Public Contract Code 7110, that: Page 147 of 422 City of San Luis Obispo – ERF-2-R Allocation a. The Subrecipient recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The Subrecipient, 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. 9. Special Conditions - Subrecipients The Subrecipient agrees to comply with all conditions of this Agreement including the Special Terms and Conditions set forth in Section 11. These conditions shall be met to the satisfaction of County prior to disbursement of funds. The Subrecipient shall ensure that all Sub subrecipients 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-2-R funds. Failure to comply with these conditions may result in termination of this Agreement. a. The Agreement between the Subrecipient and any Sub subrecipient shall require the Subrecipient and its Sub subrecipient, if any, to: i. Perform the work in accordance with Federal, State and Local housing and building codes, as applicable. ii. Maintain at least the minimum State-required worker's compensation for those employees who will perform the work or any part of it. iii. 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 Subrecipient or any Sub subrecipient in performing the Work or any part of it. iv. Agree to include all the terms of this Agreement in each subcontract. 10. Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Subrecipient agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the ERF -2-R program, the subrecipients, and all eligible activities. Subrecipient 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. Subrecipient 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. Subrecipient shall provide copies of permits and approvals to County upon request. 11. Inspections a. Subrecipient 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. County 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. Subrecipient 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. Page 148 of 422 City of San Luis Obispo – ERF-2-R Allocation 12. Special Terms and Conditions Per Health and Safety Code Section 50220.5 (g), any housing -related activities funded with ERF- 2-R funds, including but not limited to emergency shelter, rapid -rehousing, rental assistance, transitional housing and permanent supportive housing, must be in compliance or otherwise aligned with the core components of Housing First, as described in Welfare and Institutions Code section 8255, subdivision (b). Individuals and families assisted with these funds must not be required to receive treatment or perform any other prerequisite activities as a condition for receiving shelter, housing, or other services for which these funds are used. In addition, ERF-2-R funding shall be used to adopt a Housing First approach within the entire local homelessness response system. Including outreach and emergency shelter, short-term interventions like rapid re-housing, and longer-term interventions like supportive housing. 13. Data & Confidentiality – Use of Homeless Management Information System or Equivalent Database a. Client Participation/Client Data Collection. Pursuant to HSC Section 50254(b)(3), during the term of this Agreement, the Subrecipient shall maintain a list of all persons receiving benefits from the program and collect all other required HMIS data elements per the most current HMIS Data Standards. The Subrecipient shall also be in compliance with the HMIS Policies and Procedures Manual. The Subrecipients shall ensure all HMIS data is complete and accurate in preparation for the year-end Annual Performance Report (APR) by no later than 30 days after grant close. b. Data Entry and Use. The Subrecipient shall collect and enter all required data per the most current HMIS Data Standards into HMIS, pursuant to HSC Section 50254, including, but not limited to, health information, in a manner consistent with state and federal law, for tracking in the statewide Homeless Data Integration System. Each HMIS user must sign a HMIS User Agreement, as provided by the County. The Subrecipient shall only enter or upload individuals in the HMIS database that exist as clients under the Subrecipient’s jurisdiction. The Subrecipient shall not misrepresent its client base in the HMIS database by entering known, inaccurate information. The Subrecipient shall enter data into HMIS within three (3) business days of client intake and services per the San Luis Obispo CoC HMIS Data Quality Plan. Subrecipient shall comply with the data entry requirements of AB977, located at Welfare and Institutions Code section 8256(d). c. Coordinated Assessment at Entry. For projects that are required to use Coordinated Entry, subrecipients shall assess clients at the time of their entry into the program using the Coordinated Entry Assessment form and the assessment tool that has been identified in the Coordinated Entry Policies and Procedures. Subrecipient shall enter all coordinated assessment client scores into HMIS no later than three (3) business days after client program entry, unless otherwise notified by the County. d. Validation Studies. The County may periodically conduct formal validation studies of HMIS Data (the "Validation Studies"). In order to conduct the Validation Studies, staff selected by the County may review the Subrecipient's records for purposes of verifying the validity of the information reported to the County and included in the HMIS database. Individuals involved in the conducting of any such Validation Studies shall sign a confidentiality agreement requiring them to maintain the confidentiality of the Data pertaining to a particular Subrecipient client. The Subrecipient hereby authorizes the County to review the Subrecipient's records for purposes of verifying the validity of the information reported to the County. Page 149 of 422 City of San Luis Obispo – ERF-2-R Allocation e. Data Quality. Subrecipient shall ensure all required data in HMIS meets the data quality standards as outlined in the most current CoC HMIS Data Quality Plan. f. Aggregate Data and Reports. Aggregate HMIS Data received from the Subrecipient and other agencies providing Homeless Services affiliated with the County and included in the HMIS database shall be utilized by the County to (a) produce reports regarding utilization of housing and homelessness services; (b) track program outcomes; (c) provide accountability for entities that receive funds for use in providing housing and homelessness services in the San Luis Obispo County area; and (d) identify unfilled service needs and plan for the provision of new services. From time to time, the County may publish and distribute community reports containing aggregate data from all agencies providing Homeless Services entering data into the HMIS database (the "Community Reports"). The Community Reports shall not identify specific individuals. The Subrecipient hereby authorizes the County to include the Subrecipient’s Data in the Community Reports. g. Inter-Agency Data Sharing. The HMIS program is designed to permit sharing of Data between the County’s affiliated agencies. The Subrecipient may share HMIS client-level data with other County affiliated agencies provided such sharing of Data is in accordance with the County’s standards and policies, the San Luis Obispo HMIS Policies and Procedures Manual, and the Inter-Agency Data Sharing Agreement. Notwithstanding the foregoing, the Subrecipient shall not share HMIS client-level data with any agency that has not entered into an Inter-Agency Data Sharing Agreement with the County. h. Confidentiality (HMIS). The County shall provide and maintain the Subrecipient's HMIS Data in such a way as to protect against revealing the identity of the Subrecipient's clients to unauthorized agencies, individuals, or entities. The County shall take all reasonable action that it deems necessary and appropriate to prevent unauthorized use or disclosure of the Data. The Subrecipient shall uphold relevant federal and state confidentiality regulations and laws that protect client records and the Subrecipient shall only release client records with written consent by the client, unless otherwise provided by law. i. Point in Time Count: Subrecipient shall take an active role in the County Wide Homeless Point in Time Count. Additionally, when applicable, subrecipient shall provide demographic client emergency shelter and/or transitional housing data, as required by the US Department of Housing and Urban Development (HUD). Page 150 of 422 City of San Luis Obispo – ERF-2-R Allocation EXHIBIT E STANDARD AGREEMENT NUMBER 23-ERF-2-R-10004 WITH THE CALIFORNIA INTERAGENCY COUNCIL ON HOMELESSNESS Page 151 of 422 Page 152 of 422 Page 153 of 422 Page 154 of 422