HomeMy WebLinkAbout05-09-2025 NOT SIGNED Encampment Resolution Fund Subrecipient Agreement with County of SLO for Welcome Home Village
April 9, 2025
SUBJECT: ENCAMPMENT RESOLUTION FUND SUBRECIPIENT AGREEMENT
WITH COUNTY OF SLO FOR WELCOME HOME VILLAGE
Background from the March 4th Council Agenda Report (Item 5c)
The San Luis Obispo County Board of Supervisors approved the Welcome Home Village
(WHV) Project on May 21, 2024, and on June 4, 2024, City Council approved the
Encampment Resolution Fund Subrecipient Agreement with the County of San Luis
Obispo for implementation of the Welcome Home Village Project.
Due to unanticipated project expenses, the Welcome Home Village project team
subsequently reduced the number of housing units and adjusted the project’s footprint to
maintain the ERF grant funding requirements.
On January 14, 2025, the San Luis Obispo County Board of Supervisors approved the
amended Welcome Home Village project, consisting of 40 permanent supportive
residential housing units and 14 interim supportive housing residential units. 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.
Conclusion
Given the facts above, this version of the Encampment Resolution Fund Subrecipient
Agreement was not signed. Staff brought the item back to Council on March 4, 2025 and
that version of the agreement has been fully executed.
Megan Wilbanks
Deputy City Clerk
City Administration
990 Palm, San Luis Obispo, CA 93401-3249
E mwilbank@slocity.org
T 805.781.7103
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 on ___________________________________________ 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 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); 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 Agreement 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.
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.
City of San Luis Obispo ERF-2-R Allocation
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 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 Act 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,
subcontractor, 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 performed 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.
City of San Luis Obispo ERF-2-R Allocation
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 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
clauses 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 of this Contract, all permits, registrations,
and licenses, if required by law or contract, to accomplish the work specified herein.
City of San Luis Obispo ERF-2-R Allocation
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 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 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, at 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
City of San Luis Obispo ERF-2-R Allocation
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 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.
City of San Luis Obispo ERF-2-R Allocation
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 provisions 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 alterations 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.
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
City of San Luis Obispo ERF-2-R Allocation
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.
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
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 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, 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 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.
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.
City of San Luis Obispo ERF-2-R Allocation
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.
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 under the following
conditions:
City of San Luis Obispo ERF-2-R Allocation
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.
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 condition 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.
City of San Luis Obispo ERF-2-R Allocation
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 category shifts meeting criterion shall not require a formal
Agreement amendment. Budget category shifts not meeting this criterion shall
require a formal Agreement amendment.
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.
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
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 above, the County
requires and shall be entitled to coverage for the higher limits maintained by the contractor.
City of San Luis Obispo ERF-2-R Allocation
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 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.
City of San Luis Obispo ERF-2-R Allocation
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
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 the risk, prior experience, insurer, coverage, or other special circumstances.
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 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.
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 documented, 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.
City of San Luis Obispo – ERF-2-R Allocation
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.
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.
City of San Luis Obispo – ERF-2-R Allocation
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 products 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.
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.
City of San Luis Obispo – ERF-2-R Allocation
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 records 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, 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."
City of San Luis Obispo – ERF-2-R Allocation
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 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.
City of San Luis Obispo – ERF-2-R Allocation
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 drug-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 taken 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 Subrecipients 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
accordance with Public Contract Code 7110, that:
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
City of San Luis Obispo – ERF-2-R Allocation
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.
City of San Luis Obispo – ERF-2-R Allocation
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.
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.
City of San Luis Obispo – ERF-2-R Allocation
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.
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
City of San Luis Obispo – ERF-2-R Allocation
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).
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