Corona City Council
November 20, 2024

On June 21, 2023, the City Council approved a First Amendment to the Mercy House Homeless System of Services Agreement to extend the term to June 30, 2024, eliminate the $218,202 contingency, and reduce the maximum obligation of the Agreement to $3,770,283.

On April 3, 2024, the City Council approved a Second Amendment to the Mercy House Homeless System of Services Agreement to add FY 2024 funds of $4,699,255, bringing the agreement's maximum obligation to $8,469,544. The agreement's term did not change.

On August 21, 2024, the City Council approved a Third Amendment to the Mercy House Homeless System of Services Agreement to extend the term to December 31, 2024. The maximum obligation of the agreement did not change.

ANALYSIS:

When the City Council approved the Second Amendment to the Mercy House Homeless System of Services Agreement on April 3, 2024, the term of the Agreement was not changed even though 12 months of funding were incorporated into the Agreement, with services retroactive to January 1, 2024. As a result, the term of the Agreement expired on June 30, 2024, even though services were funded through December 31, 2024.

To address this issue, on August 21, 2024, the City Council approved a Third Amendment to the Mercy House Homeless System of Services Agreement to extend the term to December 31, 2024. This action allowed Homeless Solutions staff to work in collaboration with the City Attorney’s Office to develop a new Agreement with Mercy House to accomplish the following objectives:
1) Align the agreement to the fiscal year retroactive to July 1, 2024 through June 30, 2025 to support increased costs and program expansions to fully utilize State and County Grant funds by mandated deadlines;
2) Incorporate $2,789,402 in FY 2025 Measure X funds;
3) Incorporate $1,000,000 in County of Riverside ARPA grant funds; 4) Incorporate $400,000 in County of Riverside HHIP grant funds; 5) Incorporate $498,946 in FY 2025 State PLHA grant funds; 6) Incorporate $395,233 FY 2025 HOME TBRA grant funds;
7) Carry forward and incorporate $697,433 in FY 2024 and $679,844 in FY 23 HOME TBRA funds as well as $1,819,009 in FY 2024 Measure X funds; 8) Simply the structure of the Mercy House Homeless System of Services budget line items to align to other Homeless Solutions Agreements approved by the City

Council. Accordingly, consolidate over eight different budget line items into four budget line items:
a. Labor Costs - $3,300,375
b. Operational Costs - $2,615,404
c. HOME TBRA Costs - $1,772,511
d. Indirect Costs - $591,578
Total - $8,279,868
9) Request City Council approval to delegate authority to the City Manager or his designee to periodically update the HOME TBRA Guidelines (Exhibit 6) and the Shelter Operations Plan (Exhibit 7) which are more operational and procedural in nature.

Mercy House Budget Reconciliation:

With the exception of the HOME TBRA funds which are paid on a cost reimbursement basis, Mercy House contract terms authorize a monthly flat fee billing for all programs in the system with paid receipts to be subsequently submitted by Mercy House and budget reconciliations to be completed by Homeless Solutions staff in the last quarter of the fiscal year.

The Mercy House Homeless System of Services has multiple programs supported by federal, state, county, and city funds. The Mercy House agreement terms and related funding allocations were extended as programs were implemented on an incremental basis over time. A reconciliation of the FY 2023 flat fee budget of $2,640,015 indicates that Mercy House spent $2,961 more than it received in flat fee reimbursements. As part of the City Council’s approval of the First Amended and Restated Agreement, staff requests that Mercy House be reimbursed out of the Operational Costs budget line item for these expenses.

On August 21, 2024, staff advised City Council that the Mercy House Agreement was being restructured to incorporate county, state, and federal Grants retroactive to July 1, 2024 through June 30 2025. The FY 2025 Mercy House services were expanded retroactive to July 1st to ensure that the City meets spending deadlines for the various grant funds being incorporated into this agreement; therefore, a reconciliation of Third Amendment to the Agreement, which includes FY 2024 funds, shows Mercy House overspending the budget beginning July 1st because of the timing of adding the grant funds in this agenda item. If approved, this agenda item will increase the monthly flat fee portion of the agreement from $303,168 per month to a maximum of $492,981 per month with July 2024 including two months of operations costs to address Mercy House cash flow and grant spending deadlines. The two-month flat fee payment provision was approved by the City Council in previous Mercy House agreements.

HOMELESS STRATEGIC PLAN:

The recommended actions support multiple goals and strategies in the City’s Homeless Strategic Plan, including:

Goal 1: Develop a Systems-Oriented Approach to Address Homelessness Goal 2: Develop a Low-Barrier Emergency Shelter/Navigation Center Goal 3: Develop Permanent Supportive and Affordable Housing Solutions Goal 8: Develop a Homeless Prevention Initiative
Goal 10: Expand Data Tracking Systems to Measure System Performance FINANCIAL IMPACT:

Approval of the recommended actions will result in an appropriation and estimated revenue increase in the amount of $1,400,000 in the General Fund 110 for the County of Riverside’s American Rescue Plan Act (ARPA) Grant and Housing and Homelessness Incentive Program (HHIP) Grant Agreements.

ENVIRONMENTAL ANALYSIS:

This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action involves the approval of a First Amended and Restated Mercy House Homeless System of Services Agreement and two County of Riverside Homeless Assistance Grant Agreements. The County ARPA Grant Agreement is reimbursing the City of Corona for $1 million of $3 million previously spent on renovations for the Harrison Hope Center. The April 20, 2022 Agenda Staff Report for the Phase 2 improvements confirmed that the Harrison Hope Center renovations were categorically exempt from CEQA pursuant to Section 15301(d) of the Guidelines of the California Environmental Quality Act (CEQA).

Approval of these agreements and provision of the related homeless services will not have a significant effect on the environment. Therefore, no environmental analysis is required.

PREPARED BY: Karen Roper, Homeless Solutions Manager
REVIEWED BY: Jacob Ellis, City Manager
ATTACHMENTS:

1. Exhibit 1 - Mercy House Agreement

2. Exhibit 2 - Mercy House 1st Amendment to Agreement

3. Exhibit 3 - Mercy House 2nd Amendment to Agreement

4. Exhibit 4 - Mercy House 3rd Amendment to Agreement

5. Exhibit 5 - Mercy House 1st Amended and Restated Agreement

6. Exhibit 6 - HOME TBRA Guidelines

7. Exhibit 7 - Shelter Operations Plan

8. Exhibit 8 - County of Riverside ARPA Grant Agreement

9. Exhibit 9 - County of Riverside HHIP Grant Agreement

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CITY OF CORONA

PROFESSIONAL SERVICES AND FUNDING AGREEMENT

WITH MERCY HOUSE LIVING CENTERS

FOR HOMELESS SYSTEM OF SERVICES
(FY 2023)

1. PARTIES AND DATE.

This Agreement is made and entered into this 7th day of December 2022 (“Effective Date”) by and between the City of Corona, a municipal corporation organized under the laws of the State of California with its principal place of business at 400 South Vicentia Avenue, Corona, California 92882 (“City”) and Mercy House Living Centers, a California domestic nonprofit corporation with its principal place of business at 203 N. Golden Circle Santa Ana, CA 92705(“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City according to the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing low-barrier emergency shelter, navigation center services, transportation/meal services for day service programs, HOME Tenant Based Rental Assistance, Permanent Supportive Housing, and collaborating with medical and healthcare providers for the provision of recuperative care and that Consultant is licensed in the State of California and is familiar with the City of Corona’s Homeless Strategic Plan.

2.2 Corona System of Services.

City desires to engage Consultant to render such services for the operation or implementation of the Harrison Low-Barrier Emergency Shelter/Navigation Center (“Harrison Shelter”), the Pilot Transportation/Meal Program, HOME Tenant Based Rental Assistance Program, Permanent Supportive Housing Program, and collaboration with Corona Regional Medical Center, Centro Medico Community Clinic and other healthcare providers for the Post Hospital Recuperative Care Program in the City of Corona (collectively “Services”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Services, as more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules, and regulations.

3.1.2 Term. The term of this Agreement shall be from December 7, 2022 to June 30, 2023 (“Term”), unless earlier terminated as provided herein. Consultant shall complete the Services within the Term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment or renewal agreement pursuant to Section 3.6.8 below (each a “Renewal Term”). The terms “Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.

3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the Term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference, and in accordance with any other completion schedule or milestones which may be separately agreed upon in writing by the Parties. Consultant represents that it has the professional and technical personnel required to perform the Servicesin conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All Services performed by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

The key personnel for performance of this Agreement are as follows: Larry Haynes.

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3.2.5 City’s Representative. The City hereby designates City Manager or his or her designee or the Homeless Solutions Manager or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 Consultant’s Representative. Consultant hereby designates Larry Haynes or his designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times.

3.2.8 Coordination of Community and Media Messages. Consultant agrees to work closely with the City’s Representative in the development and release of all messages related to the Services, including, without limitation, responding to the media, announcements to the Continuum of Care, website information about the Services, flyer information about the Services, release of data to the County of Riverside for mass shelter and emergency response meetings, community presentation information, and release of data to other community stakeholders.

Consultant will work with the City’s Representative to determine who will take the lead on preparing, releasing, and presenting information to the aforementioned stakeholders.

3.2.9 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant agrees that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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3.2.10 Laws and Regulations; Employee/Labor Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work or Services knowing them to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Consultant shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its subsections.

3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Subsubcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work or Services relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section

3.2.10.1. 3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, subsubcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.9.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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3.2.10.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.10.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.10.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuelpowered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.2.11 Insurance.

3.2.11.1 Time for Compliance. Promptly following the Effective Date of this Agreement, but in no event before Consultant commences any Services under this Agreement, Consultant shall provide evidence satisfactory to the City that it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $5,000,000 per occurrence for bodily injury, personal injury, advertising injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be the required occurrence limit; (2) Automobile Liability: $4,000,000 per accident/$5 million aggregate for bodily injury and property damage, provided that the aggregate limit shall apply separately to this Agreement; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease

3.2.11.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim.

3.2.11.4 Insurance Endorsements. The insurance policies shall contain or be endorsed (amended) to include the following provisions:
(A) General Liability. The general liability policy shall state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection therewith (the endorsement form shall be at least as broad as ISO Form CG 20 10 11 85 or both CG 20 37 and one of the following: CG 20 10, CG 20 26, CG 20 33 or CG 20 38); and (2) the insurance coverage shall be primary insurance coverage as respects the City, its directors, officials, officers, employees, agents, and volunteers (the endorsement form shall be at least as broad as ISO CG 20 01 04 13). Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
(B) Waiver of Subrogation – Workers’ Compensation and
Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work or Services performed by the Consultant. (C) All Coverages. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City is entitled to the broader coverage and/or higher limits maintained by Consultant. Thus, any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

3.2.11.5 Other Provisions; Endorsements Preferred. Consultant shall endeavor to provide endorsements regarding the following provisions, but nonetheless DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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understands, acknowledges and agrees that the following provisions shall apply and that failure to comply shall be considered to be a breach of this Agreement by Consultant:
(A) Waiver of Subrogation – All Other Policies. Consultant hereby waives all rights of subrogation any insurer of Consultant’s may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Consultant.

Consultant understands, acknowledges and agrees that this provision isin full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer. (B) Notice. Consultant shall either: (1) require its insurer to provide thirty (30) days prior written notice to the City before coverage is suspended, voided, or canceled; or (2) notify City in writing that such notice is not available and forward any notice of such actions to the City within two (2) business days from date of receipt by Consultant. Consultant understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.

3.2.11.6 Claims Made Policies. The following provisions shall apply to all policiesthat provide coverage on a claims-made basis: (A) the retroactive date must be shown and must be before the date on which any Services under this Agreement commence; (B) the insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Project; and (C) if coverage is canceled or not renewed and is not replaced with another claims-made policy with a retroactive date prior to the date on which any Services under this Agreement commence, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Project.

3.2.11.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigation, claims administration and defense expenses within the deductible or self-insured retention. The deductible or self-insured retention may be satisfied by either the named insured or the City.

3.2.11.8 Acceptability of Insurers. Unless under the circumstances a different rating is otherwise acceptable to the City in its sole and absolute discretion, insurance is to be placed with insurers which are satisfactory to the City and which meet either of the following criteria : (1) an insurer with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted insurance carrier in California; or (2) an insurer with a current A.M. Best’s rating no less than A-:X and authorized to issue the required policies in California.

3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance, as well as amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement. All documents must be received and approved by the City before any Services commence; provided, however, that failure to obtain the required documents prior to the commencement of Services shall not waive Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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3.2.11.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.2.11.11 Sub-Consultants. All sub-consultants shall comply with each and every insurance provision of this Section 3.2.11. Consultant shall therefore not allow any sub-consultant to commence work on any subcontract to perform any part of the Services until it has provided evidence satisfactory to the City that the sub-consultant has secured all insurance required under this Agreement.

3.2.11.12 Special Risk or Circumstances. The City reserves the right, in its sole and absolute discretion, to modify the requirements of this Section 3.2.11, including limits, based on any of the following: (A) the nature of the risk of the Services; (B) the prior experience of the insured; (C) the rating or other quality or characteristic of the insurer; (D) any special or unique coverage issues; and (E) any other special or unique circumstances.

3.2.12 Safety. Consultant shall execute and maintain its work and Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Services and the conditions under which the Services are to be performed.

3.2.13 Payment Bond. The California Department of Industrial Relations (“DIR”) has communicated to the City that there is a possibility that a payment bond may be required for certain services provided in connection with a public works project. Since such a requirement is currently contrary to the industry standard for the Services provided by Consultant under this Agreement and since there is no direct legal authority for this position, the City is not requiring Consultant to provide a payment bond at this time. However, the City hereby reserves the right to require the Consultant to obtain and provide a payment bond for some or all of the services provided by the Consultant under this Agreement.

If the City determines that a payment bond is required for contract services pursuant to Civil Code Section 9550 or any other applicable law, rule or regulation, Consultant shall execute and provide to City a payment bond in an amount required by the City and in a form provided or approved by the City. In the event a payment bond is required, the City agrees to compensate Consultant for all documented direct costs incurred by Consultant for such payment bond. The Parties shall memorialize the terms of such additional compensation and any other terms and conditions associated with the payment bond in an amendment to this Agreement.

3.2.14 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

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3.3 Fees and Payments.

3.3.1 Rates & Total Compensation. Consultant shall receive compensation, including authorized reimbursements, for the Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference.. The total compensation, including authorized reimbursements, for the Services shall not exceed Three Million Nine Hundred Eighty-Eight Thousand, Four Hundred Ninety Dollars and 71/100 ($3,988,490.71) (“Total Compensation”), without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. The City’s City Manager may approve changes in the budget line items set forth in Exhibit “C” provided that the Total Compensation is not exceeded.

Any such changes shall be in writing.

3.3.2 Payment of Compensation. Consultant shall submit to City separate monthly itemized invoice statements with accompanying client data reports and back-up documentation of expenses for each of the following components of the Services which indicate work completed and Services rendered by Consultant: (1) Harrison Shelter; (2) Pilot Transportation/Meal Program; (3) Post Hospital Recuperative Care Program; (4) HOME TenantBased Rental Assistance Program; and (5) Permanent Supportive Housing Program. The invoice statements and accompanying back-up documentation of expenses shall describe the Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statements, review the statements and pay to Consultant an amount equal to Three Hundred Thousand Three Hundred Thirty Dollars and 82/100 ($300,330.82) (“Monthly Payment”). During the last quarter of Fiscal Year 2023, the City will conduct an assessment of all invoice statements to determine if the Services performed and expenses incurred by Consultant during the term of this Agreement. If the sum of all Monthly Payments and the Advance Payment (as defined in Section

3.3.4) exceed the cost of the Services performed and the expenses incurred (excluding the HOME Tenant-Based Rental Assistance Program), Consultant shall refund the difference to the City. The Monthly Payment shall not include any Services related to the HOME Tenant-Based Rental Assistance Program. City shall, within 30 days of receiving statements for the HOME TenantBased Rental Assistance Program, review the statements and pay all approved charges thereon based upon client demand, spending targets, and eligible activities outlined in the HOME TBRA Guidelines set forth in Exhibit “D”.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Cash Advance. After the Agreement has been fully executed by all Parties and upon receipt of invoices from Consultant, the City will make an advance payment, as part of the Total Compensation, in the total amount of Eight Hundred Thirty-Eight Thousand Thirty Dollars and 98/100 ($838,030.98) (“Advance Payment”), which consists of One Hundred Seventeen Thousand Two Hundred Thirty-Seven Dollars ($117,237.00) for Furniture, Fixtures, and Equipment Costs for the Harrison Shelter and Seven Hundred Twenty Thousand Seven Hundred Ninety-Three Dollars and 98/100 ($720,793.98) for two (2) months of operating costs for all program components of the Services, except the HOME Tenant-Based Rental Assistance Program and the 10% contingency. On or before February 7, 2023, Consultant shall submit to City itemized invoice DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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statements with accompanying client data reports and back-up documentation of work performed, expenses incurred and/or materials, furnishings, fixtures or equipment purchased with the Advance Payment. In the event this Agreement is terminated prior to Services being performed or materials, furnishings, fixtures or equipment being purchased, Consultant will return the Advance Payment to the City.

3.3.5 Extra Work. At any time during the Term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Consultant is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services involve federal funds or otherwise require compliance with the Davis-Bacon Fair Labor Standards Act, the Consultant and its subconsultants shall comply with the higher of the state or federal prevailing wage rates, and the “Prevailing Wage Laws” shall be deemed to include such federal wages laws. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the Total Compensation is $1,000 or more, Consultant and its subconsultants shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Consultant and its subconsultants shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Agreement would also be subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). Beginning April 1, 2015, no consultant or subconsultant may be awarded this Agreement unless registered with the DIR pursuant to Labor Code Section 1725.5. The City will report all necessary agreements to the DIR as required by the Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wagesfor each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the Project site. It is most efficient for the Consultant to obtain a copy of the prevailing wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/.

In the alternative, Consultant may obtain a copy of the prevailing wages from the City’s Representative. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.7 Apprenticeable Crafts. If the services being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works when Consultant employs workmen in an apprenticeable craft or trade. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Consultant.

DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, as well as any authorized reimbursable expenses, and Consultant shall be entitled to no further compensation.

Consultant may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 Ownership of Materials and Confidentiality.

3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically, electronically or otherwise recorded or stored, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of five (5) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. In addition, before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.5.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or reuse of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.5.5 Confidentiality. All Documents & Data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant that is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6 General Provisions.

3.6.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:

DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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Consultant:

Mercy House Living Centers
203 N. Golden Circle
Santa Ana, CA 92705
Attention: Larry Haynes
City:

City of Corona
400 South Vicentia Avenue
Corona, CA 92882
Attention: City Manager’s Office - Homeless Solutions Programs Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.2 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any alleged willful misconduct or negligent acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all settlement amounts, expert witness fees and attorney’s fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, official officers, employees, agents, or volunteers.

3.6.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requestsfor compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.6.4 Time of Essence. Time is of the essence for each and every provision of DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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this Agreement.

3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

3.6.6.1 Subconsultants; Assignment or Transfer. Consultant shall not subcontract any portion of the Services required under this Agreement, except as expressly authorized herein, without the prior written approval of the City. Subcontracts, if any, shall include a provision making them subject to all provisions of this Agreement. Consultant shall also not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to subcontract or take any other action not authorized herein shall be null and void, and any subconsultants, assignees, hypothecates or transferees shall acquire no right or interest by reason of such action.

3.6.7 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.6.8 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.6.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.11 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.12 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the Term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.13 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.14 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.

3.6.15 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.17 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.

3.6.18 Exhibit List. The following is a list of the Exhibits attached to this Agreement. Each of the exhibits referenced in this Section 3.6.22 is incorporated by this reference into the text of this Agreement.

Exhibit A Scope of Services
Exhibit B Schedule of Services
Exhibit C Compensation and Payment Schedule
Exhibit D HOME Tenant-Based Rental Assistance Program Guidelines Exhibit E Shelter Operations Plan
Exhibit F Permanent Local Housing Allocation Final Guidelines Exhibit G Lease Agreement for Harrison Shelter and 5th Street Housing Units [SIGNATURES ON NEXT 2 PAGES]
DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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CITY’S SIGNATURE PAGE FOR

CITY OF CORONA

PROFESSIONAL SERVICES AND FUNDING AGREEMENT

WITH MERCY HOUSE LIVING CENTERS

FOR HOMELESS SYSTEM OF SERVICES
(FY 2023)

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

CITY OF CORONA
By:

Jacob Ellis
City Manager
Reviewed By:

Karen Roper
Homeless Solutions Manager
Reviewed By:

Scott Briggs
Purchasing Specialist V
Attest:

Sylvia Edwards
City Clerk
DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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CONSULTANT’S SIGNATURE PAGE FOR

CITY OF CORONA

PROFESSIONAL SERVICES AND FUNDING AGREEMENT

WITH MERCY HOUSE LIVING CENTERS

FOR HOMELESS SYSTEM OF SERVICES
(FY 2023)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

MERCY HOUSE LIVING CENTERS
By: Larry Haynes
Chief Executive Officer
DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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EXHIBIT “A”

SCOPE OF SERVICES

HARRISON SHELTER
Consultant shall operate the Harrison Shelter in accordance with the requirements and criteria set forth in this Exhibit “A”.

Program Components
Consultant shall:
 Maintain use consistent with R-1 Occupancy
 Maintain Occupant Load of not more 200 persons
 Consultant shall not permit the shelter sleeping room occupancy to exceed 56 persons.

This Agreement contemplates a 40-bed shelter. However, with written approval from the City Representative, shelter sleeping capacity may be increased up to the maximum occupancy of 56 beds if Consultant secures additional public or private resources and/or if City allocates additional funding to expand bed capacity  Operate a 40 bed, low-barrier emergency shelter/navigation center with the following bed breakdown, sub-populations, and programs:
o 30-beds for low-barrier single adult males in two separate dormitory wings in the Harrison Shelter.
o 5-beds for low-barrier, single adult females in the female sleeping room at the Harrison Shelter. Female sheltering will support emergencies related to inclement weather, requests from Corona PD, or other special circumstances as requested by the City of Corona. Consultant will also collaborate with City Net on best placement for females since the City’s Motel Emergency Shelter Program will transition to serve families, single adult females, and couples when the Harrison Shelter opens.
o 5-post hospital recuperative care beds with accommodations in the recuperative care sleeping rooms at the Harrison Shelter. Recuperative care program includes a partnership with Centro Medico Community Clinic, a Federally Qualified Health Center (FQHC) partner that will provide onsite medical services, and Corona Regional Medical Center, who will purchase post-hospital recuperative care beds on an “as needed/referral” basis. o All 40 shelter beds shall be reserved for homeless neighbors with documentable ties to the City of Corona unless a waiver is requested and approved by the City of Corona. Waivers will be handled on a case-by-case basis.  Establish and operate a robust navigation center with public and private partners that will provide a wide variety of services to shelter guests  Provide transportation shuttle services to support good neighbor policy of no-walk ins/no-walk outs as set forth in the Shelter Operations Plan, attached to this Agreement as Exhibit “E”.
 Develop good neighbor strategies to accommodate clients who have vehicles so they can access shelter, meals, supportive services, and ultimately permanent housing DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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without impact the area surrounding the Harrison Shelter.

Operational Requirements
Consultant shall:
 Comply with Required Referrals Protocols: The City of Corona designated staff, Corona Police Department, and City Net are the only authorized referral agencies.

Any changes to referral agencies must be approved by the City’s Representative.  Permit Corona PD to drop-off single adult male and single adult female homeless neighbors on 24/7 basis, as shelter capacity will allow  Implement a Shelter length of stay target of 90 consecutive days not to exceed 180 consecutive days
 To comply with the no walk-in, no-walk out policy set forth in the Shelter Operations Plan, attached to this Agreement as Exhibit “E”, develop a bed reservation system and collaborate with the official referral agencies (City Net, Corona Police Department, and the City’s Homeless Solutions staff) for screening of clients, reservation of beds, and scheduling transportation to/from the facility
 Operate the Harrison Shelter:
o 24 hours per day
o 7 days per week
o 365 days per year
Corona Preference Requirement
Consultant shall:
 Provide Shelter/Navigation Center Services to homeless neighbors with documentable ties to the City of Corona
 Corona PD or other City’s Representative may request operator to waive Corona Preference Requirement
 Consultant shall track and report documentable ties to the City for each client  Examples of eligible sources to document ties to the City include:
o Driver’s License or California ID
o City Library Internet Card or Library Book Card plus one other documentable tie
o Bank Statements
o Car Registration
o HMIS record of prior services in City
o City Net prior outreach interactions will confirm documentable ties to City o Corona PD prior calls for service, outreach, or enforcement will confirm documentable ties to City
o Children are enrolled in City schools
o They or a member of the household are employed in the City o They or a member of the household graduated or attended a City High School o Other documentation that demonstrates a last permanent address in the City DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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 Previous Utility Bill
 Previous Rental Agreement
 Other bills or documents with City Address
o Faith Based or Community Based Partner verification of prior services in City o County Agency verification of prior services in City
Additional Operational Requirements
Consultant shall:
 Prepare and implement a Security Plan with appropriate operator staff to security personnel ratios. The Security Plan shall be subject to the review and approval of the City’s Representative.
 Establish the Shelter Advisory Board, set forth in the Shelter Operations Plan, attached to this Agreement as Exhibit “E”, to engage local businesses, residents, faithbased and community-based organizations, and other impacted or interested stakeholders
 Provide and maintain exterior larger storage lockers for shelter residents only  Operate the Harrison Shelter in accordance with the Pet Friendly Shelter Model that allows pets, assistance animals and service animals
 Require screening for 290 Sex Offenders and Open Felony Warrants as outlined in the Shelter Operations Plan attached to this Agreement as Exhibit “E”  Operate and maintain the kitchen within the Harrison Shelter, which qualifies as a “Food Facility,” in accordance with all Riverside County Environmental Health Department standards, including but not limited to Riverside County Ordinance 492, as it may be amended from time to time, and the County’s Food Facility Operators Guide, as it may be amended from time to time.
 Comply with City of Corona Shelter Operations Plan attached to this Agreement as Exhibit “E”.
 Implement the follow Community Outreach & Engagement strategies to comply with City’s Good Neighbor Policy set forth in the Shelter Operations Plan, attached to this Agreement as Exhibit “E”:
 Facilitate community meetings with surrounding businesses prior to start of shelter programs
 Summarize business concerns and submit to City’s
Representative for review and discussion
 Develop strategies to mitigate concerns
 Present mitigating strategies to the City of Corona and businesses
 Maintain an open and ongoing community dialogue
DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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Operational Standards
Consultant shall:
 Operate a well maintained and well managed facility
 Work with City to establish operating policies to define partnerships and roles of County, City, and other stakeholders
 Establish clearly defined referral protocols from City Net, Corona PD, and City Project Manager
 Maintain 24/7 phone contact
 Develop and implement Neighborhood Patrol Strategies in accordance with the Shelter Operations Plan, attached to this Agreement as Exhibit “E”  Collaborate with City Net and Corona PD HOPE Team to facilitate Neighborhood Homeless Outreach support to shelter
 Implement and enforce Transportation and Parking Policies set forth in the Shelter Operations Plan, attached to this Agreement as Exhibit “E” including  Policy to address on street parking in compliance with no parking from 8 pm to 8 am (with exception of 10 available parking spaces in front on the shelter and the 11 parking spaces in the shelter parking lot)  Policy to ensure that client vehicles remain operable with current registration and insurance
 Policy to collaborate with Security personnel and Corona PD for any potential non-shelter homeless who may park near the shelter or live in their cars near the shelter. For homeless neighbors in this situation, prioritize collaboration with City Net and Corona PD HOPE Team to conduct outreach, engagement, and connection to shelter and services  Policy to collaborate with City to establish pick up and drop off locations for shuttle services to/from the shelter
 Develop and implement strategies to support no walk-ins/no walk-outs or unauthorized drop-offs
 Implement Client/Resident Rules and Guidelines in compliance with the Shelter Operations Plan
 Implement a Private Security and Safety Plan in compliance with the Shelter Operations Plan
 Collaborate with Corona Police Department and Corona Fire Department as may be needed for safety and medical emergencies
 Develop and implement communication protocols to address concerns, complaints, and Critical Incident Reports to City’s Representative for altercations, deaths, injuries, damages to facility, 911 calls, and other critical issues
 Establish Public/Private partnerships to involve and engage businesses, residents, and the faith community to serve Corona homeless:
 Volunteer Opportunities
 Corporate Social Responsibility
 Donation Programs
DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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Centro Medico Community Clinic
 Centro Medico Community Clinic (CMCC) will occupy a portion of the West Wing of the Harrison Shelter/Navigation Center to provide medical, behavioral health, and oral care services for
o Shelter/Navigation Center clients/residents
o Pilot Transportation/Meal Program clients
o City’s Motel Emergency Shelter Program operated by City Net o Clients enrolled in City’s HOME Tenant-Based Rental Assistance Program o Residents of Permanent Supportive Housing Projects in the City of Corona  City will enter into a separate lease agreement with CMCC  Consultant will share the staff break room/lunchroom with CMCC staff  Consultant shall work with the City’s Representative and CMCC to develop client service protocols and other operational processes that will be outlined in the lease agreement between the City and CMCC.

Miscellaneous Shelter / Navigation Center Terms and Conditions Consultant shall:
 Develop Release of Information / Intake Forms that facilitate information sharing and case conferencing between Consultant, City Net, City Homeless Solutions, County partners, and designated nonprofit partners. The goal of case conferencing will be to address challenging client cases that might need multiple partners to achieve crisis stabilization and permanent housing placement  Work with the City to identify a community partner to touch up the existing mural in the shelter’s dining room area and to paint a new mural in the Success Center Room. If needed and with the approval of the City’s Representative, Consultant may use a portion of the 10% Contingency to pay for the mural costs  Work with the City to finalize a list of shelter names that were submitted by the community for presentation to City Council to select an official name for the Harrison Shelter/Navigation Center
 Collaborate with City to organize Grand Opening Ceremonies o VIPs/Elected Officials Ceremony
o Community/Public Ceremony
 Collaborate with the City to apply for grants to expand or enhance shelter, services, and housing programs connected to the Services provided under this Agreement. Ensure that grant applications focus services and resources to support homeless residents with documentable ties to the City of Corona  Separate from the storage locker program for shelter guests, establish an amnesty locker program for non-shelter guests that complies with the following:
o Ensure that Amnesty Lockers are secured with locks and managed by Consultant so that shelter guests cannot access them until exit from the facility
o Provide 24/7 security to prevent theft of contents of Amnesty Lockers DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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Target Goals
Consultant shall complete by June 30, 2023:
 Collaborate with City Net to facilitate approximately 50 exits from the streets of Corona to the Shelter/Navigation Center
 Ramp up program to provide approximately 5,000 – 7,000 shelter bed nights through the term of this Agreement
 Complete approximately 20-30 housing placements for shelter residents by connecting them to City’s PSH and TBRA Housing Program


PILOT TRANSPORTATION / MEAL PROGRAM
Consultant shall:
 Support City of Corona’s goal to re-activate City Park by relocating meal services from City Parks to the shelter/navigation center
 Provide transportation shuttle services to support good neighbor community policy of no-walk ins/no-walk outs
 Comply with Required Referrals Protocols: The City of Corona designated staff, Corona Police Department, City Net and designated Corona Faith Based Partners are the only authorized referral agencies that can make referrals to Consultant  Any changes to referral agencies must be approved by the City’s Representative.  As Faith Based Partnerships are established, the City’s Representative will provide Consultant with the approved list authorized partners  Ensure that priority preference is given to Corona homeless with ties to the City  As a Pilot Program, City reserves the right to cancel the program and/or reallocate funding to other Services components in this Agreement
 Objective of program is to provide transportation and meal services to non-shelter guests with the goal of engaging clients in case management, shelter, services, and ultimately permanent housing
 7 day per week transportation shuttle / meal program
o Hot Meal
o Bagged Take Away Food
 Require screening for 290 Sex Offenders and Open Felony Warrants as outlined in the Shelter Operations Plan
 Develop and implement a policy to collaborate with City to establish pick-up and drop-off locations for shuttle services to/from the shelter. All locations are subject to change and must be approved by the City’s Representative in collaboration with Corona PD and Corona Community Services
 Develop and implement good neighbor strategies to accommodate clients that have vehicles so they can access meals and other services. Strategies must be consistent with the Good Neighbor Policies outlined in the Shelter Operations Plan. City reserves the right to change the strategies to address concerns from surrounding businesses
DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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Target Goals
Consultant shall complete by June 30, 2023:
 Ramp up program to serve approximately 40 people per week  Enroll approximately 20 people in case management
 Connect approximately 15-20 people to the shelter program and/or clinic program  Develop 1-2 partnerships with the faith community to decrease food costs or expand meal services and increase volunteer support

POST HOSPITAL RECUPERATIVE CARE PROGRAM
Consultant shall:
 Operate 5 beds in the Harrison Shelter for a post-hospital recuperative care shelter program that partners with Corona Reginal Medical Center and Centro Medico Community Clinic
 Corona Regional Medical Center will request recuperative care shelter placements for eligible Corona homeless clients on an as needed basis and pay a fee to Consultant for the shelter bed and recuperative care services and/or work with the client’s insurance provider who will pay the fee to Consultant  Consultant shall track fees that are paid and report these as Program Income to the City of Corona on an annual basis. If program expenses do not exceed program funding and revenues, Consultant will re-pay the City excess Program Income to comply with HUD’s requirements for reporting and using Program Income  City will enter into a separate lease agreement with Centro Medico Community Clinic
 Centro Medico Community Clinic will provide medical services to support recuperative care clients who meet the criteria outlined below  City will enter into a separate Memorandum of Understanding with Corona Regional Medical Center
o Post Hospital Recuperative Care Program to comply with the following guidelines:

Admission Criteria
 Currently homeless with ties to the City of Corona
 Able to complete all Activities of Daily Living (ADLs) independently
 Wheelchairs, and any other Durable Medical
Equipment (DME) devices may be accepted under the
following conditions:
o Ability to use DME device safely and
understands proper use (e.g., independent
transfers from wheelchair to toilet)
o Ability to use DME independently without any
stand-by-assistance (SBA) with no requirement
for comprehensive geriatric assessment (CGA)
DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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o Ambulation distance of at least 100 ft must be
reached prior to hospital discharge (with or
without DME use)
 Able to self-administer medication, with staff oversight  Continent of both bladder and bowels. If briefs/diapers are used, independent with change of briefs/diaper
criteria must be met
 Medically and psychiatrically stable at discharge
 Alert and oriented to Name, Place, Date, and Situation Exclusion Criteria
 Unable to complete ADLs, personal care, and
medication administration
 Incontinent of bladder and/or bowels (unless client can change his/her diapers/briefs)
 Quadriplegics
 Active Tuberculosis, C-DIFF, MRSA, COVID-19 or
other contagious diseases or viruses
 Meets admission criteria for Skilled Nursing Facility or Long-Term Care Facility (SNF/LTC)
 Stage 3 or higher bedsore (decubitus ulcers) and cardiac Ejection Fraction (EF) % <30
 Active substance abuse and not willing to abstain while in the program
 Unstable medically & psychiatrically
 Combative or aggressive behavior towards staff or
other patients while inpatient
 Patients actively detoxing (e.g., Alcohol, Benzodiazepines) will need to be stabilized prior to being referred
Target Goals
Consultant shall complete by June 30, 2023:
 Transition approximately 10-15 clients from the recuperative care program to the regular shelter program for crisis stabilization
 If needed and based upon funding opportunities, work with the City of Corona to apply for additional funding to expand recuperative care medical support to provide 24/7 care

HOME TENANT-BASED RENTAL ASSISTANCE PROGRAM
Consultant shall implement a Tenant-Based Rental Assistance (TBRA) Program in compliance with the City’s Guidelines attached to this Agreement as Exhibit D. Consultant will develop and implement a scattered site TBRA Housing Program and Homeless Prevention Program (HPP) using HOME funds from the following Fiscal Years:

DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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$355,869 - FY 2021 HOME Funds
$372,816 - FY 2022 HOME Funds
$401,587 - FY 2023 HOME Funds
Total HOME Funds: $1,130,273
HOME TBRA Program Eligible Program Activities:
 Income Eligibility Determinations
 Housing Quality Standards Inspections
 Rental Assistance Payments
 Security Deposits
Related Housing Support Staffing and Program Activities in Shelter Budget:

Consultant shall provide the following personnel to implement the TBRA Program:
 1 Housing Solutions Manager
 2 Housing Navigators
 1 Leasing Agent
 2 TBRA Case Managers
 Consultant shall establish a Whatever-It-Takes Housing Placement Fund to be used for the following activities:
o Landlord Incentives
o U-Haul Moving Costs
o Landlord Application Fees
o Other Miscellaneous Housing Placement Costs Not Covered by HOME TBRA Priorities for TBRA Program:

Consultant shall operationalize the following order of priority for participation in the TBRA Program:
 Corona Emergency Shelter/Navigation Center Residents
 Corona Motel Emergency Shelter Clients
 Corona Pilot Transportation / Meal Service Clients
 Corona Unsheltered Homeless
 Corona Homeless Enrolled in other Emergency or Transitional Housing Programs  Corona Residents At-Risk of Homelessness
Based upon program demand and changes in community needs, the City’s Representative may approve Consultant’s request to change the order of aforementioned priorities.

Target Goals
Consultant shall complete by June 30, 2023:
 Assist approximately 20-30 households by the end of Fiscal Year 2023 through housing DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

27 CA\JR\01200.10105\10273163.7
placements and/or homeless prevention
 To the greatest extent possible and within payment standards, minimize portability outside of the City of Corona
PERMANENT SUPPORTIVE HOUSING PROGRAM – 5th STREET HOUSING UNITS Program Requirements
Consultant shall:
 Establish a permanent supportive housing program at the 12 housing units located at 926- 932 West 5th Street, Corona CA (“5th Street Housing Units”) and manage, operate and lease the 5th Street Housing Units to qualified homeless individuals and families  Use one unit for an onsite property manager and 11 units for eligible chronically homeless clients
 Prioritize placement of homeless individuals and families with documented ties to the City
 Collaborate with City Net and the City’s Homeless Solutions staff to coordinate housing placements and logistics associated with getting Corona homeless clients document ready  If Project Based Vouchers are awarded, coordinate with City Net, the City, HomeConnect Coordinated Entry System staff, and the County Housing Authority staff to process Corona referrals and establish a Corona client waiting list, as required by HUD  Collaborate with City Net to assist clients through the Project-Based Voucher income eligibility process
Supportive Services
Consultant shall:
 Collaborate with Centro Medico Community Clinic, RUHS-Behavioral Health, or other community partners to provide supportive services to residents to maintain housing retention and stability
 If needed, coordinate transportation services for clients who need to access supportive services offsite
Existing Tenant
Consultant shall:
 Execute a lease/rental agreement with the one existing PSH eligible tenant residing at the 5th Street Housing Units. The Rental Agreement should state that units are being converted from Transitional Housing to Permanent Supportive Housing that is managed by Consultant
 If Project Based Vouchers are approved, collaborate with City Net to verify history of homelessness and disability verification and coordinate referral of this client to the Coordinated Entry System and County Housing Authority for placement on the waiting list and Project-Based Voucher income eligibility process DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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Project-Based Voucher Application:

Consultant acknowledges that
 Consultant and City collaborated to submit an application for Project-Based Vouchers (PBVs) in response to the County’s Request for Proposals that was released on October 27, 2022 and due on December 1, 2022 .
 Consultant acted as the lead fiscal agent for the PBV application since the 5th Street Housing Units will be leased and operated by Consultant.  The application requested the County to authorize an assignment of Housing Assistance Payments (HAP) Agreement with language that states the HAP would automatically transfer to the City as owner should the City no longer work with Consultant  If the application is funded, the City reserves the right to review the HAP Agreement before Consultant executes the contract.

Target Goals
Consultant shall complete by June 30, 2023:
 Work with City to finalize and submit a proposal to the County’s Housing Authority to secure Project Based Vouchers to cashflow the program and reduce the annual operating gap
 Work with City and community partners to secure home furnishings for units. Use operating funds to address gaps and unmet needs in home furnishings  Coordinate with City Net and City to complete 11 housing placements and enter into lease/rental agreements for all units before June 30, 2023

ADDITIONAL PROGRAM REQUIREMENTS
Shelter, Service and Housing Programs
Case Management for Housing Retention
 For clients who have been permanently housed through the TBRA Program, Consultant shall provide follow-up case management for the individual or family for twelve (12) months to maintain housing retention and stability as well as to link clients to resources to prevent returns to homelessness.

Critical Incident Policy
 For all Services provided under this Agreement, Consultant shall comply with the City’s Critical Incident Policy, as set forth in the Shelter Operations Plan, to immediately notify the City of Corona of any critical incidents including 911 calls due to illnesses, injuries, deaths, altercations, or damages to the Harrison Shelter/Navigation Center or 5th Street Housing Units. Consultant shall use the City’s Critical Incident Report format.

Report of Program Activities and Client Outcomes
Unless otherwise requested from the City of Corona, Consultant shall provide a monthly report of all program activities and client outcomes as follows:

DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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 For all household members, client demographic information, including but not limited to age and sex
 Total number of direct beneficiaries (clientele served) with area median income (AMI) categorized as:
o 60-80% AMI
o 50% AMI (Very Low-Income)
o 30% or below AMI (Extremely Low-Income)
 Gender and Racial ethnicity of all clientele
 Veteran Status
 Chronically and Non-Chronically Homeless Status
 Number of Female-Headed Households
 Within HIPAA guidelines using HMIS unique client identifiers, provide client diagnoses and barriers including but not limited to mental health issues, substance abuse issues, physical disabilities, employment status, income, and other data elements commonly collected for the Riverside County Homeless Management Information System (HMIS) and Coordinated Entry System (CES)
 City of last permanent address. If not Corona, also provide the name of agency that transported or referred client to Corona
 Type of document used to verify ties to the City of Corona or documentation of Corona Police Department waiver of ties to the City of Corona
 Number of clients referred from the Corona Police Department in connection with enforcement of the City’s anti-camping ordinance
 Unduplicated clients served
 Number of bed nights per client
 Navigation Center supportive services provided to each client including but not limited to transportation services, mealservices, case management, job development, life skills training, clinic services, and successful enrollment in other service/benefit programs, etc
 Number and types of shelter exits including but not limited to institutions, longer-term transitional shelters, other emergencies shelters, family reunifications or permanent housing placements
 Number and explanation for exits back to the streets
 Fully loaded cost of shelter per night per client
 Number of TBRA Housing Placements & Evictions Prevented  Number of Permanent Supportive Housing Placements
 Other data elements as may be required for grants or as requested by the City’s Representative
City of Corona Homeless Strategic Plan Measures of Success Data Elements:

Consultant shall provide a monthly report of all program activities and client outcomes as follows:
 Exit destinations
 Number of first time homeless
 Length of homelessness
 Length of stay in emergency shelter
DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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 Non-employment & employment income changes
 Housing placement and retention rates
 Document ready clients waiting for housing
 Returns to homelessness from permanent housing
DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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EXHIBIT “B”

SCHEDULE OF SERVICES

CITY OF CORONA

1. Emergency Shelter/Navigation Center - Consultant shall prioritize the opening of the Harrison Shelter with a target date that is within 90 to no more than 120 days from the Effective Date of this Agreement.

2. Pilot Transportation / Meal Services Program - Consultant shall prioritize implementation of the Pilot Transportation / Meal Services Program within 30-60 days after the Harrison Shelter becomes operational, as determined by the City’s Representative.

3. Post Hospital Recuperative Care Program**
Contingent upon City's approval of a lease agreement with Centro Medico Community Clinic and an MOU with Corona Reginal Medical Center, Consultant shall prioritize implementation of the Recuperative Care Program within 120 days from the Effective Date of this Agreement
**Note: The City of Corona will be executing a Lease Agreement with Centro Medico Community Clinic to define the scope of medical, behavioral health, and oral care services that will be provided to support the Services provided under this Agreement, including: Shelter/Navigation Center, Pilot Transportation/Meal Program, Post Hospital Recuperative Care, Tenant-Based Rental Assistance and Permanent Supportive Housing Clients, and City’s Motel Shelter Clients.

4. HOME Tenant Based Rental Assistance (TBRA) Program
Consultant shall prioritize implementation of the TBRA Program within 90-120 days from the Effective Date of this Agreement.

5. Permanent Supportive Housing
Consultant shall prioritize implementation of the Permanent Supportive Housing Program within 90-120 days from the Effective Date of this Agreement.

DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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EXHIBIT “C”

COMPENSATION AND PAYMENT SCHEDULE
FY 2023 Mercy House System of Services Budget

1. Shelter/Navigation Center Admin Costs $ 218,459.17

2. Shelter/Navigation Center Program Staff Costs $ 1,206,966.80 1 Shelter Program Manager; 1 Shelter Program Senior Site Leader; 3 Shelter Program Site Leaders; 11.75 Shelter Specialists for Engagement, Janitorial, Logistics and Overnight; 5.87 Shelter Program Safety Specialists; 6.25 Shuttle Drivers (includes the Shelter/Navigation Center, Pilot Transportation/Meal Program and Permanent Supportive Housing Program transportation); 1 Reservations, Intake & Data Specialist; 1 Kitchen Manager, 1 Lead Cook, 2 Cooks, and 1.40 Kitchen Logistics Staff.

3. Shelter/Navigation Center Program and Facility Costs $ 483,991.89 Shelter Maintenance and Repairs, Trash & Utilities, Shelter Security Vendor, Shelter Transportation, Supplies, Client Services, Meals, and other Miscellaneous Costs

4. Housing Staff and Housing Services (Navigation, Leasing and Housing Placement Fund) Costs $ 272,600.07 1 Housing Solutions Manager, 1 Leasing Agent, 2 Housing Navigators, 2.75 Tenant Based Rental Assistance (TBRA) Case Managers, Whatever-It-Takes Housing Placement Fund: Landlord Incentives, U-Haul Moving Costs, Landlord Application Fees, Other Miscellaneous Housing Placement Costs not covered by TBRA Program)

5. Furniture, Fixtures, and Equipment Costs $ 117,237.00 Bedding, Linens, Wall Decorations, Utensils & Tools, Appliances, Containers, Safety, Office Tools & Supplies, Office Furniture, Computers & Electronics, Cubicle Walls, Chairs, ZappBug, Desks, Outdoor Seating & Tables, Amnesty Lockers, Bike Racks, Outdoor Tools & Equipment, Dining Room Chairs & Tables, TVs and Mounts, Suggestions Box, Decorations, Laundry/Janitorial Appliances, Equipment & Tools, Pet Equipment and Supplies, and Other Miscellaneous Items.

6. 10% Contingency Cost** $ 218,201.79
Use of 10% contingency must be approved by the City’s Representative to address unforeseen costs during the development of all components of the system of services Total Shelter/Navigation Center Budget $ 2,517,456.72

Pilot Transportation Shuttle/Meal Program $ 182,422.10
Meals (Hot Meal and Bagged Take Away Food), Supplies, Transportation, 1.40 Program Safety Specialist, 2 Resource Specialists to support a 7-day per week program for 40 clients HOME Tenant Based Rental Assistance Budget $ 1,130,273.00 Income Eligibility Determinations, Housing Quality Standards Inspections, Rental Assistance Payments, and Security Deposits
5th Street Permanent Supportive Housing Program $ 158,338.89 Professional Fees (legal & accounting), Administration (advertising, office salaries, office expenses), Repairs & Maintenance, Real Estate Taxes, Insurance, Utilities, Reserves, Supportive Services: 1.60 Social Services Staff, Coordination of Services and Transportation to RUHS-Behavioral Health, Shelter/Navigation Center and other Medical Providers, Rental Assistance Fund)
Grand Total $ 3,988,490.71
Funding Sources
Federal HOME Funds for TBRA Program $ 1,130,273.00
State PLHA Funds for Shelter/Navigation Center $ 1,486,616.00 City General Funds for Shelter/Navigation Center, Pilot Transportation/Meal Program, and Permanent Supportive Housing Operating Gap $ 1,371,601.71
Total $ 3,988,490.71
Percentage Funded with Federal/State Resources 66%
DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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Payment Schedule
$ 117,237.00
Month 1 -Furniture, Fixtures, &
Equipment 2022 Dec-22
$ 720,793.98
Month 1 - Cash Advance (2 Months of
Operating costs) Dec-22
$ 300,330.82 Month 2 Jan-23
$ 300,330.82 Month 3 Feb-23
$ 300,330.82 Month 4 Mar-23
$ 300,330.82 Month 5 Apr-23
$ 300,330.82 Month 6 May-23
$ 300,330.82 Month 7 Jun-23
$ 2,640,015.92 Total Payments
$218,201.79 10% Contingency subject to City’s Representative Approval $1,130,273.00 HOME TBRA Billing Subject to Client Demand and Spending Targets $3,988,490.71 Total System of Services Budget
**The 10% contingency has been allocated to address unforeseen costs during the development of the programs. Use of the 10% contingency must be approved by the City’s Representative.

DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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Components of the Services for Invoices:
$ 2,517,456.72 Emergency Shelter/Navigation Center
$ 182,422.10 Pilot Transportation/Meal Program
Refer to Exhibit A Post Hospital Recuperative Care**
$ 1,130,273.00
HOME Tenant-Based Rental Assistance
Program
$ 158,338.89 Permanent Supportive Housing Program
$ 3,988,490.71 Total System of Services
Funding Sources to Track & Bill Separately
Consultant shall track and account for all expenses separately based upon the following funding sources:

Funding Sources
Federal HOME Funds for Tenant Based Rental
Assistance Program $ 1,130,273.00
State PLHA Funds for Shelter/Navigation Center $ 1,486,616.00 City General Funds for Shelter/Navigation
Center, Pilot Transportation/Meal Program,
and Permanent Supportive Housing Operating
Gap $ 1,371,601.71
Total $ 3,988,490.71
DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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EXHIBIT “D”

FEDERAL HOME TENANT-BASED RENTAL ASSISTANCE PROGRAM
Use of HOME Funds - Consultant will use the HOME Tenant-Based Rental Assistance (TBRA) Funds in accordance with the attached HOME TBRA Guidelines.

Duration of Agreement - The agreement term is December 7, 2022 to June 30, 2023.

Program Requirements - Consultant shall implement the TBRA Program in compliance with the requirements of 24 C.F.R. Part 92, except that the Uniform Administrative Requirements and audit requirements described at §§ 92.505 and 92.506 do not apply, and Consultant cannot assume the City’s responsibilities for environmental review, decision-making, and action under §92.352. Consultant shall maintain documentation of compliance with each of the following requirements of 24 C.F.R. Part 92:
 Income determinations shall be documented in accordance with §92.203, using the annual income determination method at 24 CFR 5.609, as described in the Program Guidelines;  Eligible costs are described in the Program Guidelines and in accordance with §92.209, including the rental assistance and security deposit payments made to provide the tenant-based rental assistance for a family and utility deposit payments if provided in conjunction with rental assistance or security deposits, as well as the costs of inspecting the housing and determining the income eligibility of the family. Family is defined as a household and can be comprised of one or two parents with children, a couple, or a single individual;  Tenant selection and targeted assistance shall be in accordance with §92.209 as described further in the Program Guidelines;
 Rental assistance contracts and portability of assistance shall be in accordance with §92.209 as described further in the Program Guidelines;
 Rent Reasonableness shall be in accordance with §92.209 as described further in the Program Guidelines;
 Tenant protections shall be in accordance with §92.209 and § 92.253 (a) and (b) as described further in the Program Guidelines;
 Maximum and minimum subsidy amounts shall be in accordance with §92.209 as described further in the Program Guidelines;
 Housing quality standards shall be in accordance with §92.209 as described further in the Program Guidelines;
 Security deposit assistance shall be in accordance with §92.209 as described further in the Program Guidelines; and
 Program operations shall be in accordance with §92.209 as described further in the Program Guidelines;
 The TBRA program shall comply with the Violence Against Women Act (VAWA) requirements as set forth in 24 CFR Part 5, Subpart L and supplemented by 24 C.F.R. 92.359, inclusive of all notice obligations and any obligations under the emergency transfer plan. [SEE ATTACHED ONE HUNDRED ONE (101) PAGES]
DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

Exhibit D
Final

CITY OF CORONA

HARRISON SHELTER / NAVIGATION CENTER

TENANT-BASED RENTAL ASSISTANCE (TBRA) PROGRAM

GUIDELINES
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OVERVIEW..................................................................................................................................................... 1 PROGRAM BUDGET....................................................................................................................................... 2 DEFINITIONS .................................................................................................................................................. 2 PROGRAM MARKETING................................................................................................................................. 6 CONTRACTOR RESPONSIBILITIES................................................................................................................... 6 PROGRAM REQUIREMENTS........................................................................................................................... 8 APPLICATION PROCESS................................................................................................................................ 20 UNIT SELECTION.......................................................................................................................................... 21 PARTICIPANT AGREEMENT/LEASE/LEASE ADDENDUM/ RENTAL ASSISTANCE PAYMENTS AGREEMENT... 28 CHANGES IN HOUSEHOLD OCCUPANCY....................................................................................................... 30 MOVING WITH CONTINUED ASSISTANCE.................................................................................................... 31 TERMINATION OF ASSISTANCE ................................................................................................................... 33 APPEALS....................................................................................................................................................... 35 REEXAMINATIONS ....................................................................................................................................... 35 TBRA OVERSIGHT COMMITTEE ................................................................................................................... 36 ADMINISTRATIVE ACTION........................................................................................................................... 36 PROGRAM MONITORING AND EVALUATION.............................................................................................. 36 EXHIBIT 1: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS ............................................................ 39 EXHIBIT 2: INCOME AND SUBSIDY DETERMINATIONS................................................................................ 44 EXHIBIT 3: VERIFICATION............................................................................................................................ 52 EXHIBIT 4: REEXAMINATIONS..................................................................................................................... 68 EXHIBIT 5: FAIR HOUSING AND NONDISCRIMINATION REQUIREMENTS ................................................... 77 EXHIBIT 6: DEFINITION OF A PERSON WITH A DISABILITY UNDER FEDERAL CIVIL RIGHTS LAWS............... 84 EXHIBIT 7: DETAILED DEFINITIONS RELATED TO DISABILITIES.................................................................... 86 EXHIBIT 8: OWNERS.................................................................................................................................... 88 EXHIBIT 9: CONFLICT OF INTEREST............................................................................................................. 96 EXHIBIT 10: COMPLIANCE WITH APPLICABLE LAWS, RULES & REGULATIONS ........................................... 97 EXHIBIT 11: CONTACT INFORMATION........................................................................................................ 99

TABLE OF CONTENTS
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TBRA Program Guidelines 1 City of Corona
For the purposes of the City of Corona’s Shelter/Housing Operator RFP, the selected Contractor may propose procedural changes to non-regulatory aspects of the guidelines in this document. No HUD regulations may be changed. The City may or may not approve proposed changes. After considering Contractor’s proposed changes, the City will finalize these guidelines before the Contractor proceeds with TBRA Program Implementation.

The City of Corona Tenant-Based Rental Assistance Program (TBRA Program) provides rental assistance to prevent homelessness and to help homeless neighbors become housed. This includes moving homeless individuals and families from the streets and shelter programs to permanent housing, rental assistance to low-income City of Corona residents to afford their existing rental housing, and rental assistance to lowincome City of Corona residents after eviction to afford rent in a new housing unit.

Program funding is provided under Title II of the National Affordable Housing Act (1990) through the HOME Investment Partnerships Program (HOME) under regulations and policies established by the City of Corona Community Development Department in conjunction with the United States Department of Housing and Urban Development (HUD). The City allocated $355,869 of HOME fundsin the 2020-21 Action Plan, $372,817 in the 2021-22 Action Plan and $372,817 in the 2022-23 Action Plan to provide a total of $1,101,503 in rental assistance to eligible households. Based upon this budget, Contractor will provide the City of Corona with the estimated number of households to be served.

Pursuant to a Contractor agreement to be approved by the Corona City Council, the TBRA Program will be operated by a Contractor selected through a Request for Proposals (RFP) process. The ideal Contractor will be an agency with experience operating shelter and housing programs serving the homeless and households at-risk of becoming homeless in Riverside and San Bernardino counties. The City of Corona and its programs do not discriminate on the basis ofrace, color, national origin, gender,sexual orientation, religion, age, or disability.

These Program Guidelines have been developed to facilitate the efficient and effective operation of the TBRA Program for the City of Corona.

The objective of the TBRA Program is to help address homelessness by providing rental assistance to individuals and families who are homeless or at-risk of homelessness and are in need of TBRA assistance to afford their current rent or to secure new housing after an eviction.

OVERVIEW
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TBRA Program Guidelines 2 City of Corona
The selected Contractor will be required to provide the City with a proposed TBRA budget in the categories outlined below. The TBRA budget will be subject to City approval. Please note that costs associated with TBRA housing navigation and unit leasing must be included in the proposed shelter/navigation center budget which will be funded with City general funds and State PLHA Funds.

Expense FY 2023
Income Eligibility Determinations $16,400.00
Housing Quality Standards Inspections $28,700.00
Rental Assistance Payments $937,573.00
Security Deposits $147,600.00
Total $1,130,273.00
AMI: Area Median Income is determined and published by the U.S.

Department of Housing and Urban Development (HUD) for all the Counties and metropolitan areas in the United States. The TBRA Program will serve households at extremely low-Income limits of 30 percent AMI.

At-Risk of Becoming Homeless An individual or family is considered to be at-risk of becoming homeless if it experiences extreme difficulty maintaining their housing and has no reasonable alternativesfor obtaining subsequent housing. Circumstances that can cause homelessness include eviction, loss of income, insufficient income, disability, increase in the cost of housing, unexpected expenses such as medical care, discharge from an institution, irreparable damage or deterioration to housing, and fleeing from family violence.

Case Manager: A case manager will be employed by the Contractor to coordinate the TBRA Program services on behalf of Harrison Shelter clients and other City of Corona eligible households to determine their income eligibility, manage their relocation to permanent housing, and facilitate payments to Owners using the available rental assistance.

City Motel Program City of Corona Motel Emergency Shelter Program that provides lowbarriershelter, case management, and wrap-around services.

Contract Rent: The total rent including the tenant portion and the amount of the rental assistance.

PROGRAM BUDGET

DEFINITIONS
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TBRA Program Guidelines 3 City of Corona
Contractor: The service provider selected pursuant to a Request for Proposals process. The service provider shall carry out the eligible activities in accordance with the Program Guidelines.

Eligible Household: A low-income household that consists of at least one (1) household member. Eligible Households shall be currently housed at the Harrison Shelter/Navigation Center, City’s Motel Shelter Program, or shall be homeless or at-risk of homelessness in the City of Corona (see definition above).

Eligible Costs: Eligible HOME program costs for the Contractor are the direct personnel costs associated with the position of Case Manager, responsible for determining the income eligibility of clients and performing Housing Quality Standards Inspections. City’s Non-HOME TBRA funds will be used to pay for duties associated with housing navigation, managing relocation to permanent housing and facilitating payments to the Owners using the available rental assistance.

Extremely Low-Income: Annual gross household income as determined by the Annual Income determination method at 24 CFR 5.609 that does not exceed 30 percent of the Area Median Income (AMI) adjusted for household size as promulgated by HUD for the Riverside-San Bernardino-Ontario Metropolitan Statistical Area.

Fair Market Rent: Fair Market Rent (FMR) is local market rental rate set for each county in the nation that establishes a fair market rent for all rental units by bedroom size and unit type. The FMR standard is calculated for the base rent and average cost of utilities for modest rental housing units.

Grantee: The City of Corona, which receives a direct allocation of HOME fundsfrom HUD as a Participating Jurisdiction.

Harrison Shelter/Navigation
Center The City of Corona emergency shelter/navigation center located at 420 Harrison Street in Corona. The program provides low barrier emergency shelter, post hospital recuperative care, medical, dental, and behavioral health services from a clinic partner, and other multi-disciplinary services.

HOME: The HOME Investment Partnerships Program (HOME) is federal assistance provided by the U.S. Department of Housing and Urban Development (HUD) to states and local governments to provide decent and affordable housing, particularly housing for low- and very lowincome people. It is the largest Federal block grant to States and local governments designed exclusively to create affordable housing for lowincome families, providing approximately $2 billion each year.

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TBRA Program Guidelines 4 City of Corona
Homeless: The term “homeless” refers to an Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: (i) Has a primary nighttime residence that is a public or private place not meant for human habitation; (ii) Is living in a publicly or privately operated shelter.

Household: The term “household” refers to individuals or families.

Housing Instability: Housing instability has no standard definition, but it covers a number of challenges including having trouble paying rent, overcrowding, moving frequently, or spending the bulk of the household income on housing.

Housing Quality Standards: Housing Quality Standards (HQS) are the HUD minimum quality standards for tenant-based programs. HQS standards are required to be met at initial occupancy and during the term of the lease. HQS standards apply to the building and premises, as well as the unit.

Owner: The term “Owner” refers to any person or entity with the legal right to lease or sublease a unit to a participant in the TBRA program. It includes a principal or other interested party, such as a designated agent of the Owner.

Oversight Committee: Oversight of the TBRA Program sponsored by the City of Corona and undertaken by the Contractor, will be provided by the City of Corona’s Homeless Solutions Manager and the City’s contracted HOME Consultant. They will be responsible for approving applicants before commitments are made to Program Participants and Owners. They may meet to review applications or work independently through a workflow approval process.

Payment Standard The City or its contractor, with the City’s approval, must establish a payment standard to represent the rent and utility costs of a moderately priced unit. The payment standard can be determined by documented local market conditions reviewed annually or using the published Section 8 Existing Housing fair market rent (FMR).

Program Participant: Program Participant means a household that is provided TBRA assistance through the TBRA Program.

Rent Reasonableness: Rent reasonableness means ensuring that a unit that is supported by grant funds is not more expensive than a similar unit that is not supported by grant funds. The rent paid must be reasonable in relation to rents being charged for comparable units, taking into account the location, size, type and age of unit, as well as any amenities, housing services, maintenance, and utilities provided by the owner.

Standard Unit: A rental housing unit that passes a Housing Quality Standards (HQS) inspection.

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TBRA Program Guidelines 5 City of Corona
TBRA: Tenant-Based Rental Assistance is a form of rent subsidy that provides a program participant the ability to select a rental unit of their choice in the private rental market.

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TBRA Program Guidelines 6 City of Corona
If the City of Corona chooses to open the TBRA Program more broadly to households at risk of homelessness, marketing shall be initiated and may include any of the following:
• Direct notification to known senior housing complexes in the City of Corona • Direct notification to known social service agencies dealing with households and individuals atrisk of homelessness in the City of Corona • Direct notification to known social service agencies dealing with unsheltered individuals and families in the City of Corona
• Advertisement in a media of general circulation
• Advertisement on the City website
• Direct notification to known senior housing complexes in the City of Corona • Public service announcements on City cable television • Posting at City Hall
• Posting at other City facilities
• Any other means of advertising deemed prudent by the City To facilitate meaningful access to program participation for Limited English Proficiency persons, all program marketing intended for the general public shall be provided in English and in Spanish, in accordance with the City’s current Limited English Proficiency Plan.

SCOPE OF SERVICES
The Contractor shall provide program staff, supplies and necessary administrative support to fully implement the TBRA Program in conformance with the program regulations found at 24 CFR Part 92 and these TBRA Program Guidelines. Program staffing to be provided by Contractor shall include a minimum of one (1) Case Manager to serve the City of Corona community and the City’s shelter programs including the Harrison Shelter and Motel Shelter Program.

The Case Manager assigned to the City of Corona TBRA Program shall conduct regularly scheduled office hours and shall be available to meet with TBRA clients by appointment at the Harrison Shelter or other designated meeting places.

On-site Housing Quality Standards and lead-based paint visual assessment inspections shall be conducted by the Contractor.

PROGRAM COSTS
Direct personnel costs associated with TBRA Program delivery shall be the only allowable HOME funding program delivery cost category reimbursed to Contractor under the HOME Contractor Agreement.

Program delivery includes all efforts necessary to determine the eligibility of the Program Participant and the housing unit. This cost shall not exceed the amount of funds budgeted for program delivery costs in the HOME Contractor Agreement.

PROGRAM MARKETING

CONTRACTOR RESPONSIBILITIES
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TBRA Program Guidelines 7 City of Corona

RECORD KEEPING
Program files must be kept to document compliance with HOME program regulations. Project files must be maintained in compliance with the requirements of 24 CFR 92.508(a)(3).

A file shall be maintained for each Household that applies to the TBRA Program. The file shall be a fourpart classification-style client file organized using the TBRA Program Participant File Checklist (005 – Project File Checklist).

The tenant files shall contain, but are not limited to, the following:
• Original application with copies of social security cards for each household member • Income verifications, along with source documentation • Rental coupon, Request for Unit Approval, and other materials related to coupon issuance • Completed HQS inspection form for the unit
• Lead based paint disclosure forms to indicate receipt of required pamphlets and required tenant notification forms prior to move-in
• Descriptions of any required paint stabilization activities, clearance reports and required tenant notifications
• Annual adjusted income worksheet and other related documents • Utility allowance schedule
• Total Tenant Payment / Total Rent form
• Rental Assistance Payments Contract and Lease Agreement • Project Set-up and Project Closeout (IDIS).

The Contractor and the City shall retain all applicable administrative and project records and documentation pertinent to otherfederal requirements, asspecified in 24 CFR 92.508, for a period of five (5) years after the closeout of the grant.

The Catalog of Federal Domestic Assistance (CFDA) number for this Program is 14.239.

REPORTING
An IDIS TBRA Set Up form (Exhibit 12 – IDIS TBRA Set Up form) shall be completed when a project commitment is ready. A commitment occurs when a written agreement/lease agreement has been executed by the City, tenant, and Owner, and tenancy is ready to commence.

The Contractor shall gather and maintain records sufficient to inform performance reports on the current progress of the Program so that the City may meet its obligation to report program accomplishments to HUD in the Consolidated Annual Performance Evaluation Report (CAPER) each year.

PAYMENT PROCESS
Contractor may submit a Request for Reimbursement (Exhibit 1 – Request for Reimbursement and Tenant Data Sheet) as often as is practicable to ensure that funds are continually reimbursed. Generally these submissions occur monthly by the 10th day following the conclusion of the calendar month.

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TBRA Program Guidelines 8 City of Corona

UNIFORM ADMINISTRATIVE REQUIREMENTS FOR FINANCIAL MANAGEMENT The Contractor shall implement its financial management system to ensure that it meets the Uniform Federal Administrative requirements (2 CFR 200.301-316) that:
• Provide effective control over and accountability for all funds, property, and other assets. • Identify the source and application of funds for federally sponsored activities including records and reports that verify the eligibility, reasonableness, allowability and allocability of costs. • Permit the accurate, complete and timely disclosure of financial results in accordance with HUD reporting requirements.
• The City and the Contractor shall comply with the Uniform Administrative Requirements as set forth in 2 CFR Part 200 and the Uniform Administrative Requirements, Cost Principals and Audit Requirements and as described in 24 CFR Part 92.205, as applicable and as may be amended from time to time.

The financial managementstandards shall provide for:
• Internal Controls – The combination of policies, procedures, job responsibilities, personnel and recordsthat together create accountability in an organization’s financial system and safeguard its cash, property and other assets.
• Budget Controls – procedures to compare and control expenditures against approved budgets. • Accounting Records – records that sufficiently identify the source and application of HOME funds provided.
• Cash Management – procedures in place to minimize the amount of time that elapses between receipt of HOME funds and the actual disbursement of those funds.

BASIC ELIGIBILITY
The TBRA Program Case Manager is responsible for ensuring that every household admitted to the TBRA Program meets all program eligibility requirements. This includes any individual approved to join the household after it has been admitted to the TBRA Program. The household must provide any information needed by the TBRA Program Case Manager to confirm eligibility and determine the level of the assistance.

To be eligible for the TBRA Program the applicant must:
• Have income at or below HUD-specified income limits.
• Qualify on the basis of citizenship or the eligible immigrant status of family members. • Provide social security number information as required. • Consent to the collection and use of information as provided in the consent forms. • Meet homeless or at-risk of becoming homeless criteria. • Not have participated in activities that are prohibited by HUD or the City of Corona.

CITY OF CORONA HOME TBRA REQUIREMENTS
This TBRA Program is funded with HOME funds from HUD to provide affordable housing to low-income households. The Program must comply with applicable HOME regulations, which are found in 24 CFR 92.

The HUD requirements include the following:
• TBRA may be provided only to individuals / households whose incomes are equal to or less than 60 percent of the median income in the San Bernardino-Riverside Standard Metropolitan Statistical Area (MSA).
• TBRA may be provided only to residents of the City of Corona who are experiencing homelessness or are at-risk of becoming homeless.

PROGRAM REQUIREMENTS
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TBRA Program Guidelines 9 City of Corona
• A Payment Standard, also referred to as Rent Standard, must be determined each program year based on documented local market conditions or by using the Section 8 Existing Housing fair market rent (FMR). • Rent reasonableness requirements are met by comparing the proposed unit and rent with two or three other comparable unassisted units.
• Rents must meet rent reasonableness standards and meet the established rent standard. • Tenants are required to pay their fair share of their rent and utilities. Tenants with no income will be considered on a case-by-case basis.
• The program will pay the difference between 30 percent of the program participant’s monthly adjusted income (tenant’s share of the rent) and the monthly rent which cannot exceed the established payment standard.
• TBRA rental assistance contracts with individuals / households cannot be for less than one (1) year and may not exceed two (2) years. Generally, these contracts are for one (1) year. However, contracts can be renewed at the end of one year pending the availability of HOME funds and the on-going need of the participant.
• TBRA is not appropriate for short-term housing.
• Assisted units must meet Housing Quality Standards and will be inspected before a lease can be signed and annually thereafter to ensure continued compliance. • TBRA assistance is not project based. TBRA allows the tenant to choose the unit and the assistance can move with the tenant as long as any new unit complies with HQS, rent standards, and other requirements.

For individuals and households at-risk of being homeless the requirements include the following:
• TBRA may be provided only to individuals / households whose incomes are equal to or less than 60 percent of the median income in the Riverside-San Bernardino-Ontario Standard Metropolitan Statistical Area (MSA).
• TBRA may be provided only to residents of the City of Corona who are at risk of becoming homeless or experiencing housing instability.
• Individuals or households must show evidence of a reduction in household income or that they have experienced other financial hardship that makes them unable to cover their housing and utility costs and puts them at risk of eviction. (see definition of At-Risk of Becoming Homeless on page 2 of the HOME TBRA Guidelines for more information)

ESTABLISHING THE PAYMENT STANDARD
The City of Corona TBRA Program will determine its payment standard based on documented local market conditions rather than using the fair market rent (FMR) determined by HUD in the Section 8 Existing Housing program. The payment standard will be established and reviewed annually to adjust to changes in market conditions. To establish the payment standard, a survey of local market conditions must review the rent for new tenants of privately owned, decent, and safe rental housing of a modest (non-luxury) nature with suitable amenities. The survey should include at least 12 and up to 20 properties that meet the requirements. The survey should also include details of the amenities included, and any additional fees charged for optional amenities, such as garage space rental. Those additional fees should not be included in the payment standard.

The payment standard should represent the rent plus utility cost of moderately priced units that meet HUD HQS in the area and be established by number of bedrooms. The survey establishing the payment standard will be prepared by the contractor 45 days prior to the start of the program year and reviewed by the City before being put into practice on July 1 of each program year.

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TBRA Program Guidelines 10 City of Corona

DETERMINING RENT REASONABLENESS
The rent reasonableness requirement is met by comparing the proposed unit and rent with the current rent of two or three available comparable unassisted units in the area. This requirement is separate and different from establishing the payment standard, although properties used in the survey establishing the payment standard maybe be surveyed for the rent reasonableness requirement. When the rent is determined to be reasonable, the certification documents must include documentation of the comparable rents.

EXCEPTIONS TO THE PAYMENT STANDARD
For up to 20 percent of the units assisted under the TBRA program, the City may approve a unit-specific payment standard of up to 10 percent above the current program year payment standard established for all units. The HOME regulations do not specify the reasons for approving this unit-specific standard exemption that is found in HUD guidance, but use of a unit-specific payment standard is generally appropriate in (but not limited to) the following situations:
• for units with a large number of bedrooms or
• units adapted for persons with disabilities or
• units already under lease that met the payment standard when the original lease was executed but changing market conditions have caused the payment standard to be lowered creating a situation where the current rent exceeds the new payment standard
Supporting documentation of the use of the exception should include the need and efforts undertaken to find an appropriate unit that met the payment standard or the changing of the payment standard.

APPLICANT ELIGIBILITY
Program Applicant’s eligibility for Program assistance shall be determined upon submission of a completed Program Application and Certification of Income (Exhibit 1) with all required information and documents. TBRA Program Case Manager shall review application information and provide an eligibility determination within 14 days. Information and supporting documentation for each applicant shall be recorded in an applicant file to demonstrate eligibility/ineligibility for this program. Documents supplied to the City in connection with Program Applications shall not be returned. Program Applicants are cautioned not to submit original documents and to only submit copies.

A denied Applicant file shall contain all submitted information and documentation, as well as the reason for denial (e.g., over income limits, incomplete information, reside outside service area).

An approved Applicant file shall contain all submitted information and documentation necessary to meet all required eligibility criteria and contain completed forms, documentation, and necessary information for all members of a Program Applicant.

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TBRA Program Guidelines 11 City of Corona

DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS
To be eligible for assistance, a Program Applicant must qualify as a family. Family is defined by HUD includes, but is not limited to the following, regardless actual or perceived sexual orientation, gender identity, or marital status:
1) a single person, who may be an elderly person, disabled person, near-elderly person, or any other single person; or
2) a group of persons residing together. Such group includes, but is not limited to:
i. a family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family);
ii. an elderly family;
iii. a near-elderly family;
iv. a disabled family;
v. a displaced family; and
vi. the remaining member of a tenant family.

Gender Identity means actual or perceived gender characteristics. Sexual orientation means homosexuality, heterosexuality, or bisexuality. [24 CFR 92.2, 24CFR 5.403, 24 CFR 5.404]

HOUSEHOLD INCOME
Income limits are established by household size and revised annually by the U.S. Department of Housing and Urban Development (HUD). All households assisted under the TBRA Program shall not exceed 30 percent of AMI as published by HUD for the HOME program. Table 1 provides the HOME income limits effective April 18, 2022 for the Riverside-San Bernardino-Ontario, CA MSA.

Table 1
Riverside-San Bernardino-Ontario, CA MSA
Household Size:
1 person
2 person
3 person
4 person
5 person
6 person
7 person
8 person
80% LIMITS $49,300 $56,350 $63,400 $70,400 $76,050 $81,700 $87,300 $92,950 Household Size:
1 person
2 person
3 person
4 person
5 person
6 person
7 person
8 person
60% LIMITS $37,000 $42,200 $47,500 $52,800 $57,000 $61,200 $65,500 $69,700 Household Size:
1 person
2 person
3 person
4 person
5 person
6 person
7 person
8 person
30% LIMITS $18,500 $21,150 $23,800 $27,750 $32,470 $37,190 $41,190 $46,360 HOME Income Limits Effective FY 2022
A majority of Program Applicants shall demonstrate that their income does not exceed HUD’s 30 percent AMI limit as adjusted for household size utilizing the Section 8 method, commonly as the Part 5 method, as defined at 24 CFR 92.203(b). Target income categories include:

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TBRA Program Guidelines 12 City of Corona
• The TBRA program will primarily focus on serving homeless households who are 30% and below AMI.
• To addressthe broad spectrum of client needs, TBRA may be provided to individuals / households whose incomes are equal to or less than 60 percent of the median income in the San BernardinoRiverside Standard Metropolitan Statistical Area (MSA). • For Homelessness Prevention, TBRA assistance may be provided to a limited number of households earning 80% and below AMI. No more than 10% of TBRA households assisted per program year may earn incomes between 60-80% of AMI.

A Part 5 Annual Income Determination (Exhibit 6 – Income and Rent Determination Form) will be prepared, taking into consideration the income inclusions and exclusions as well as the asset inclusions and exclusions as required. The income determination is a projection of income over the next 12 months using current monthly gross earnings derived from two consecutive months of verifiable third-party source documentation dated/issued within six months of the date of the income determination. Income determinations shall be effective from the date of the determination and for a period of 12 months thereafter.

VERIFICATION
The TBRA Program Case Manager must verify all information that is used to establish the Program Participant’s eligibility and level of assistance and is required to obtain the written authorization from the family in order to collect the information. Applicants and Program Participants must cooperate with the verification process as a condition of receiving assistance. The TBRA Program will not pass on the cost of verification to the Program Participant.

Verification policies, rules and procedures will be modified as needed to accommodate persons with disabilities. All information obtained through the verification process will be handled in accordance with the records management policies of the City of Corona and the TBRA Program. [24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230]
Further information is available in Exhibit 3: Verifications.

LENGTH OF STAY/ASSISTANCE
The term of TBRA rental assistance may not exceed 12 months but may be renewed up to a maximum of 24 months, subject to the availability of HOME funds. At the end of the initial 12 months of TBRA assistance, the Program Participant may be eligible to receive additional assistance. The TBRA Program Case Manager will notify the Program Participant and the Owner 60 days priorto the end of the lease that the TBRA assistance will expire unless both parties agree to an extension within 15 days of the notification and meet the program’s criteria. If the Program Participant requests additional assistance, the TBRA Program Case Manager recertifies the household’s eligibility, including household composition and income as described above. The amount of Program Participants rent is calculated using the same methodology as completed at initial application. The TBRA Program Case Manager recertifiesthe eligibility of the unit as described above, including passing an annual HQS inspection. The Owner and Program Participant revise the existing lease or enter into a new lease agreement for the subsequent 12 months.

A new Lease Addendum shall be prepared for signatures. In addition, a new Rental Assistance Payments Agreement shall be prepared for signatures. The TBRA Program Case Manager shall schedule meetings of the TBRA Oversight Committee as frequently as necessary to ensure prompt decisions on each renewal application.

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TBRA Program Guidelines 13 City of Corona
Upon completion of the entire recertification process, the TBRA Program Case Managershall issue a letter indicating approval of renewal for TBRA assistance, including the term of assistance, the total rent due to the Owner, the TBRA payment to be made to the Owner by Contractor and the Program Participant’s portion of rent payable to the Owner.

MAXIMUM LIMITS OF ASSISTANCE
The City of Corona has established a procedure to determine the payment standard (rent standard) by bedroom size that includes contract rent. The payment standard will be established and reviewed annually to adjust to changes in market conditions. The payment standard will be used to cap the contract rent to calculate the assistance amount. For the purposes of the City of Corona TBRA Program, the minimum program participant rent shall be the higher of $50 or 30 percent of the household’s monthly Adjusted Income. In cases where the TBRA Program participant has little or no income, exceptions to the minimum $50 participant rent contribution standard will be considered for approval by the TBRA Program Case Manager and the TBRA Oversight Committee.

The City of Corona shall have discretion to approve or deny Contractor’s recommended assistance amounts based on information provided by the applicant with the Program Application and Certification of Income and other factors such as funding availability and rental assistance need.

PORTABILITY OF ASSISTANCE
TBRA assistance shall be portable. TBRA assistance must be used for a standard rental housing unit located within the incorporated city limits of the City of Corona, cities that share a border with the City of Corona or other cities within San Bernardino and Riverside counties.

SECTION 8
Program Participants already receiving Section 8 rental housing assistance payments are ineligible for assistance under the TBRA Program. Program Participants shall not be prohibited from applying for Section 8 assistance while receiving benefits under the TBRA Program. However, upon receiving Section 8 rental assistance payments, assistance under the TBRA Program shall terminate.

DEPOSITS
Security Deposits
A security deposit is any money a landlord takes from a tenant other than the advance payment of rent.

The security deposit serves to protect the landlord if the tenant breaks or violates the terms of the lease or rental agreement. It may be used to cover damage to the property, cleaning, key replacement, or back rent. TBRA Program funds can be used for security deposits for eligible participants. Pursuant to 24 CFR

92.209(j), security deposits cannot exceed the amount of two months’ rent. The security deposit should be reasonable and according to California requirements; and equal to what a non-subsidized tenant would pay for the same unit. The security deposit will be paid by the TBRA Program directly to the Owner.

When the Program Participants moves, the security deposit will be refunded to the Program Participant according to the terms of their lease. The security deposit is a grant to the Program Participant and does not have to be repaid.

If the Program Participant plans on moving while receiving TBRA assistance, they will be responsible for the security deposit at the new rental unit. The TBRA Program will issue only one security deposit per Program Participant. Tenants can use any refunded security deposit to fund the security deposit at a new rental unit.

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TBRA Program Guidelines 14 City of Corona
The TBRA Program may pay a second security deposit on a case-by-case basis if a Program Participant needs to leave their current living situation due to domestic violence, sexual assault, dating violence, stalking or any other situation that put the Program Participant in danger (e.g., the Owner is not making repairs to the property which causes the unit to be out of compliance with HQS standards).

Rental Arrears
Utility Deposits
TBRA Program funds can be used for utility deposits in conjunction with utility connection fees at an approved TBRA rental unit. Funds can only be approved for utility deposits for services that the Program Participant will be responsible for paying. Funds can only be used for the electric, gas, water, sewer, and trash collection services. Utility deposits do not include telephone, cable television or Internet service.

This is a one-time payment and will not be available to the Program Participant if they move to another rental unit. The utility deposit funds are considered a grant and do not need to be repaid to the TBRA Program. Any funds returned to the Program Participant after the end of the tenancy will be considered the Program Participant’s funds.

The TBRA Program may pay a second utility deposit on a case-by-case basis if a Program Participant needs to leave their current living situation due to domestic violence, sexual assault, dating violence, stalking or any other situation that put the Program Participant in danger (e.g., the Owner is not making repairs to the property which causes the unit to be out of compliance with HQS standards).

All utility deposit funds will be paid directly to the utility provider and not directly to the Program Participant. The Program Participant will need to bring documentation from the utility provider that the service will be in the name of the participant and showing the amount of the required deposit and verification that the utility service will be connected in the Program Participant’s name once the deposit is received.

Utility Services
If the Program Participant is leasing a rental unit where they will be responsible for paying for the utility service, they generally must provide the Owner with written verification that the Program Participant can connect the service in their name prior to moving into the rental unit. It is important that the head of household, co-head of household or another adult living in the household that is party to the lease agreement will have utility service connected in their name(s).

The TBRA Program will not permit utility service to be connected in a minor child’s name or any other person that is not a member of the household. If these provisions cannot be met, then TBRA Program will require that the Program Participant secure a rental unit that has all utilities paid by the Owner.

All rental units funded by the TBRA Program must have all utilities connected at all times to remain in compliance with HQS. Disconnected utility service is grounds for termination of the rental assistance.

MOVE OUTS/TERMINATIONS
Grounds for Termination of Assistance
HUD requires the City of Corona and its Contractor to terminate assistance for certain actions and inactions of the Program Participant and when the Program Participant no longer requires assistance due to increases in Program Participant income. HUD permits the City and its Contractor to terminate assistance for certain other actions or inactions of the Program Participant. In addition, a Program Participant may decide to withdraw from the program and terminate their TBRA assistance at any time by notifying the TBRA Program Case Manager.

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TBRA Program Guidelines 15 City of Corona
Family No Longer Requires Assistance
As a Program Participant’s income increases, the amount of the rental assistance payment decreases. If the amount of assistance provided by the TBRA Program is reduced to zero, the Program Participant 's assistance terminates automatically 180 days after the last rental assistance payment.

If a Program Participant receiving zero assistance experiences a change in circumstancesthat would result in rental assistance payment resuming, the family must notify the TBRA Program Case Manager of the change and request an interim reexamination before the expiration of the 180-day period.

Program Participant Chooses to Terminate Assistance
The Program Participant may request that the TBRA Program Case Manager terminate rental assistance payments on behalf of the Program Participant at any time. The request to terminate assistance should be made in writing and signed by the head of household and spouse, if applicable.

Annual Income Exceeds Low-Income Limits
If a Program Participant’s income exceeds the low-income limit at reexamination, assistance must be terminated after the TBRA Program Case Manager gives reasonable notice to the tenant.

Eviction
The TBRA Program will terminate assistance whenever a Program Participant is evicted from a unit assisted under the TBRA Program for a serious or repeated violation of the lease. Incidents of actual or threatened domestic violence, dating violence, sexual assault, or stalking may not be construed as serious or repeated violations of the lease by the victim or threatened victim of such violence or stalking.

Termination of Tenancy by Owner
Pursuant to HOME program regulations, Owners may evict Program Participants following applicable state and local laws. Generally, that means Owners may only evict Program Participant in the event of:
• Serious or repeated lease violations.
• Legal violations in connection with the unit or its premises. • Criminal activity.
• Other causes specified by state or local law.

Termination of Assistance by the City
The Oversight Committee may terminate assistance or deny renewal of TBRA Program assistance to a Program Participant who violates program requirements or is found to have provided false information to the City.

The Oversight Committee may also approve resuming assistance to a Program Participant whose assistance was previously terminated. Termination of benefits or resumption of benefits shall be recommended by the City’s Contractor and documented in correspondence to the Program Participant as follows:

1. Written notice to the Program Participant containing a clear statement of the reasons for termination or denial to renew TBRA assistance.

2. A review of the decision, in which the Program Participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination or decision to deny renewal of Program assistance; and

3. Prompt written notice of the final decision to the Program Participant.

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TBRA Program Guidelines 16 City of Corona

VIOLENCE AGAINST WOMEN ACT (VAWA)
VAWA provides four specific protections against termination of TBRA assistance for victims of domestic violence, dating violence, sexual assault, or stalking. (Note: The second, third, and fourth protections also apply to terminations of tenancy or occupancy by Owners participating in the TBRA Program as do the limitations discussed under the next heading.)
First, VAWA provides that the TBRA Program may not terminate assistance to a family that moves out of an assisted unit in violation of the lease, with or without prior notification to the TBRA Program, if the move occurred to protect the health or safety of a family member who is or has been the victim of domestic violence, dating violence, sexual assault, or stalking and who reasonably believed he or she was imminently threatened by harm from further violence if he or she remained in the unit [24 CFR 982.314(b)(4)].

Second, it provides that an incident or incidents of actual or threatened domestic violence, dating violence, sexual assault, or stalking may not be construed either as a serious or repeated lease violation by the victim or as good cause to terminate the assistance of the victim [24 CFR 5.2005(c)(1)].

Third, it provides that criminal activity directly related to domestic violence, dating violence, sexual assault, or stalking may not be construed as cause for terminating the assistance of a tenant if a member of the tenant’s household, a guest, or another person under the tenant’s control is the one engaging in the criminal activity and the tenant or affiliated individual or other individual is the actual or threatened victim of the domestic violence, dating violence, sexual assault, or stalking [24 CFR 5.2005(c)(2)].

Fourth, it gives the TBRA Program the authority to terminate assistance to any tenant or lawful occupant who engages in criminal acts of physical violence against family members or others without terminating assistance to, or otherwise penalizing, the victim of the violence [24 CFR 5.2009(a)].

Limitations on VAWA Protections[24 CFR 5.2005(d) and (e)] VAWA does not limit the authority of the TBRA Program to terminate the assistance of a victim of abuse for reasons unrelated to domestic violence, dating violence, sexual assault, orstalking so long as the TBRA Program does not subject the victim to a more demanding standard than it applies to other program participants [24 CFR 5.2005(d)(1)].

Likewise, VAWA does not limit the authority of the TBRA Program to terminate the assistance of a victim of domestic violence, dating violence, sexual assault, or stalking if the TBRA Program can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the assisted property if the victim is not terminated from assistance [24 CFR 5.2005(d)(2)].

HUD regulations define actual and imminent threat to mean words, gestures, actions, or other indicators of a physical threat that (a) is real, (b) would occur within an immediate time frame, and (c) could result in death orserious bodily harm [24 CFR 5.2005(d)(2) and (e)]. In determining whether an individual would pose an actual and imminent threat, the factors to be considered include:
• The duration of the risk
• The nature and severity of the potential harm
• The likelihood that the potential harm will occur
• The length of time before the potential harm would occur [24 CFR 5.2005(e)] DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

TBRA Program Guidelines 17 City of Corona
In order to demonstrate an actual and imminent threat, TBRA Program must have objective evidence of words, gestures, actions or other indicators. Even when a victim poses an actual and imminent threat, however, HUD regulations authorize TBRA Program to terminate the victim’s assistance “only when there are no other actions that could be taken to reduce or eliminate the threat” [24 CFR 5.2005(d)(3)].

In determining whether a program participant who is a victim of domestic violence, dating violence,sexual assault, or stalking is an actual and imminent threat to other tenants or those employed at or providing service to a property, the TBRA Program will consider the following, and any other relevant, factors:
• Whether the threat is toward an employee or tenant other than the victim of domestic violence, dating violence, sexual assault, or stalking
• Whether the threat is a physical danger beyond a speculative threat • Whether the threat is likely to happen within a short period of time • Whether the threat to other tenants or employees can be eliminated in some other way, such as by helping the victim relocate to a confidential location or seeking a legal remedy to prevent the perpetrator from acting on the threat
If the participant wishes to contest the TBRA Program Case Manager’s determination that he or she is an actual and imminent threat to other tenants or employees, the participant may do so as part of the informal hearing.

The City of Corona or its Contractor will provide HUD form HUD-5380- Notice of Occupancy Rights Under VAWA and HUD-5382- Certification of Domestic Violence, Sexual Assault, or Stalking, and Alternative Documentation, and the TBRA Lease Addendum with VAWA Protections for Contractor to provide to all applicants and TBRA participants.

Under VAWA protections, the lease may be bifurcated to allow the Owner to remove only the tenant(s) engaged in criminal activity, while the remaining tenants retain TBRA assistance.

Limitations of VAWA protections:
• VAWA does not supersede obligation to pay rent
• Violation not premised on an act of domestic violence, sexual assault, or stalking. • Court order regarding right of access/ control of property or distribution/possession of property • Actual and imminent threat to other tenants
• Failure to provide victim status documentation, if requested by property Owner, City of Corona, or Contractor.

Confidentiality of Information must be maintained in the strictest confidence. The following types of information must not be entered into shared database or disclosed to any other entity or individual, except to extent the disclosure is: a) requested/consented to in writing by victim in time-limited release, b) required for use in eviction proceeding or termination hearing; or c) otherwise required by applicable law:
• Fact that applicant or tenant is a victim
• Any information on certification form, other victim status documentation, or emergency transfer request
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TBRA Program Guidelines 18 City of Corona
Contractor must maintain records and annually report on:
• Emergency transfers requested
• Outcomes of those requests.

FAIR HOUSING AND NONDISCRIMINATION REQUIREMENTS
Federal laws require the City of Corona and its Contractor to treat all applicants and Program Participants equally, providing the same quality of services, regardless of family characteristics and background.

Federal law prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, age, familial status, and disability. The City of Corona and the Contractor, on behalf of the City of Corona, will comply fully with all federal, state, and local nondiscrimination laws, and with rules and regulations governing fair housing and equal opportunity in housing and employment, including:
• Title VI of the Civil Rights Act of 1964
• Title VIII of the Civil Rights Act of 1968 (as amended by the Community Development • Act of 1974 and the Fair Housing Amendments Act of 1988) • Executive Order 11063
• Section 504 of the Rehabilitation Act of 1973
• The Age Discrimination Act of 1975
• Title II of the Americans with Disabilities Act (to the extent that it applies, otherwise Section 504 and the Fair Housing Amendments govern)
• The Equal Accessto Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity Final Rule, published in the Federal Register February 3, 2012, and further clarified in Notice PIH 2014-20.
• Violence Against Women Reauthorization Act of 2013 (VAWA) Nondiscrimination
A reasonable accommodation is an adjustment made to a rule, policy, practice, or service that allows a person with a disability to have equal access to the TBRA Program. For example, reasonable accommodations may include making home visits or extending the certificate term in order for a participant to lease an accessible dwelling unit.

Federal regulations prohibit discrimination against certain protected classes. State and local requirements, as well as the City of Corona policies, can prohibit discrimination based on other factors.

The City of Corona and Contractor shall not discriminate because of race, color, sex, religion, familial status, age, disability or national origin (called “protected classes”) Familial status includes children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18.

The City of Corona and Contractor will not discriminate on the basis of maritalstatus orsexual orientation.

The City of Corona and Contractor will not use any of these factors to:
• Deny to any family the opportunity to apply for housing, nor deny to any qualified applicant the opportunity to participate in the TBRA Program
• Provide housing that is different from that provided to others • Subject anyone to segregation or disparate treatment
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TBRA Program Guidelines 19 City of Corona
• Steer an applicant or participant toward or away from a particular area based any of these factors • Deny anyone access to the same level of services
• Deny anyone the opportunity to participate in a planning or advisory group that is an integral part of the housing program
• Discriminate in the provision of residential real estate transactions • Discriminate against someone because they are related to or associated with a member of a protected class
• Publish or cause to be published an advertisement or notice indicating the availability of housing that prefers or excludes persons who are members of a protected class.

Additional information regarding fair housing and nondiscrimination requirements is included in Exhibit 5: Fair Housing and Nondiscrimination.

INELIGIBLE USES
Any services not explicitly listed in the Eligible Use of Funds section shall be deemed ineligible. TBRA funds may not be spent on the following activities:
• To make commitments to specific Owners for specific units. Applicants must be free to use TBRA for any eligible unit
• On applicants who are resident Owners of cooperative housing that qualifies as home Ownership housing. However, TBRA funds may be used for applicants who are renting from a cooperative unit Owner
• To prevent displacement of, or provide relocation assistance to, tenants as a result of activities other than the HOME program
• To pay for overnight or temporary shelter
• To pay rent for a non-standard unit, including renting a room within a housing unit, renting a garage, or other housing arrangement that is not a standard permitted housing unit • To pay rent for a portion of a standard unit owned and occupied by a family member

PROHIBITION AGAINST DUPLICATIVE ASSISTANCE
Applicants cannot receive TBRA Program assistance if they are receiving rental assistance under another federal, state, or local rental assistance program if the TBRA subsidy would result in duplicative subsidies.

All applicants shall certify on the Pre-Application Questionnaire (Exhibit 3 – Pre-Application Questionnaire) under penalty of perjury, under the laws of the State of California, that they are not able to receive, and have not received, other federal or non-federal benefits or assistance for rent assistance within the last three (3) months. Applicants shall further certify that they will not pursue other federal or non-federal benefits for the same uses of this grant program for rent and/ costs for the time period of the TBRA Program lease until the final assistance payment made by City under this program.

CHANGES TO PROGRAM GUIDELINES
Minor changes to these Program Guidelines involving administrative procedures or accommodations to adapt to unique applicant situations or opportunities, or regulatory changes may be performed with the approval of the City of Corona. Federal regulatory requirements for the HOME program are not subject to modification or revision, except when HUD issues guidance superseding prior regulatory requirements.

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TBRA Program Guidelines 20 City of Corona
The City of Corona Tenant-Based Rental Assistance Program (TBRA Program) provides rental assistance to prevent homelessness and to help homeless neighbors become housed.

INTAKE
For at-risk of homelessness households, a waitlist (Exhibit 2 – Program Waitlist) shall be maintained by the TBRA Program Case Manager. Interested households may join the program waitlist by completing a Pre-Application Questionnaire (Exhibit 3 – Pre-Application Questionnaire) in writing or verbally via interview with the TBRA Program Case Manager. The TBRA Program Case Manager will review the PreApplication and determine the basic eligibility forthe program. Once basic eligibility has been determined, the household will be placed on the Program Waitlist.

For homeless households temporarily staying at the Harrison Shelter or the City’s Motel Shelter Program as well as homeless households living on the streets, in their cars or other places not meant for human habitation, the Contractor shall prioritize assistance based upon the following factors: 1) housing readiness/doc-ready status; 2) verification of documentable ties to the City of Corona, and 3) progress with crisis stabilization and case management plan.

As program funds become available, full program applications (Exhibit 4 – Program Application) shall be provided to Households in order of their position on the Program Waitlist. The Program Application collects information on Household composition, gross income from all sources, a summary of housing expenses and HUD-required demographic information. Required attachments to the Program Application include copies of government-issued photo identification for all adult Household members and appropriate documentation of income for each adult Household member.

The TBRA Program Case Manager will review applications and required documentation. Once the application has been determined to be complete with all the required information completed, required documentation provided and determined to meet the initial eligibility requirements for the program, the application will be sent for approval by the TRBA Oversight Committee.

Applicants needing assistance in completing the Pre-Application and/or the Program Application can seek assistance from the TBRA Program Case Manager.

INCOME DOCUMENTATION
A Part 5 Annual Income Determination (Exhibit 6 – Income and Rent Determination Form) shall be prepared, taking into consideration the income inclusions and exclusions as well as the asset inclusions and exclusions as required. The income determination is a projection of income over the next 12 months using current monthly gross earnings derived from two consecutive months of verifiable third-party source documentation dated/issued within six months of the date of the income determination. Income determinationsshall be effective from the date of determination and for a period of 12 monthsthereafter. (24 CFR 5.609)
For those applicants meeting income requirements, the Case Manager shall prepare the rent determination using (Exhibit 6 – Income and Rent Determination Form). This form confirms severe housing cost burden and the calculation of Adjusted Income for the purpose of determining the program participant rent and the TBRA payment to the Owner.

APPLICATION PROCESS
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TBRA Program Guidelines 21 City of Corona
Table 2
Riverside-San Bernardino-Ontario, CA MSA
Household Size:
1 person
2 person
3 person
4 person
5 person
6 person
7 person
8 person
30% LIMITS $18,500 $21,150 $23,800 $27,750 $32,470 37,190 $41,190 $43,360 50%/VERY LOW INCOME $30,800 $35,200 $39,600 $44,000 $47,550 $51,050 $54,600 $58,100 60% LIMITS $37,000 $42,200 $47,500 $52,800 $57,000 $61,200 $65,300 $69,700 80%/LOW INCOME $49,300 $56,350 $63,400 $70,400 $76,050 $81,700 $87,300 $92,950

APPROVAL/CONFIRMATION
The TBRA Oversight Committee, consisting of the City of Corona’s Homeless Solutions Manager and the City’s contracted HOME Consultant, will review the Program Application and confirm the TBRA Program Case Manager’s approval for participation on the program. The TBRA Program Case Manager will notify in writing all applicants whose applications are determined to be complete, meet all eligibility requirements for the program, and have approval confirmed by the TBRA Oversight Committee.

INCOMPLETE APPLICATIONS
The TBRA Program Case Manager will notify applicants in writing if their application is determined to be incomplete or does not meet the initial eligibility requirements for the program. Incomplete applications will not be approved or sent on to the TBRA Oversight Committee.

OTHER PROGRAMS
Pursuant to 24 CFR 92.209(c)(2)(v), Households given a preference under the TBRA Program are not prohibited from applying for or participating in other programs or forms of assistance (except rental assistance that is duplicative). Persons who are eligible for a preference under the TBRA Program shall have the opportunity to participate in all programs of the City of Corona, including programs that are not separate or different.

Pursuant to 24 CFR 92.209(l), in any case where assistance under Section 8 of the 1937 Act becomes available, recipients of TBRA shall qualify for tenant selection preferences to the same extent as when they received the HOME TBRA.

The TBRA Case Manager will work closely with Applicants who have been approved for participation in the TBRA Program to identify appropriate housing units available for rent. The TBRA Case Manager will consider the TBRA Program Guidelines when evaluating and assisting in the selection of the unit to be leased, including size of unit, occupancy standards, rent reasonableness and willingness of the Owner to participate in the program.

ELIGIBLE UNITS
The HOME TBRA Program offers households flexibility in selecting a housing unit. Households must be free to select the unit of their choice:
• Units leased to TBRA Program Participants may be publicly- or privately-owned. Publicly-owned units include public housing, Section 811, Section 202, HOPE 6, Continuum of Care, and HOPWA

UNIT SELECTION
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TBRA Program Guidelines 22 City of Corona
• HOME TBRA rental assistance cannot be provided to a household receiving tenant-based rental assistance from another program (e.g., Section 8 or Continuum of Care rental assistance) or living in a housing unit receiving project-based rental assistance or operating assistance through other public sources.
• HOME TBRA security and utility deposit assistance cannot be provided to a program participant who is receiving security deposit or utility deposit assistance through other public sources. • The TBRA Program Case Manager must disapprove a lease if the City of Corona determines the rent is not reasonable, based on rents that are charged for comparable unassisted rental units. • Households may select units developed or rehabilitated with HOME assistance. However, the City of Corona or the Contractor may not require the household to select a HOME unit as a condition ofreceiving TBRA. Households must be permitted tomove out atthe end ofthe HOME lease term, taking their TBRA assistance with them.
• Portability is permitted within Riverside and San Bernardino Counties.

HOUSING UNIT ELIGIBILITY
Contractor shall arrange for an HQS-certified Inspector to inspect each unit identified to receive TBRA assistance. The Inspector shall use the Housing Quality Standards (HQS) Checklist (Exhibit 10 – HQS Checklist) containing the elements necessary to demonstrate housing quality in accordance with the requirements set forth in 24 CFR 982.401. A rental housing unit shall be considered a Standard Unit if it meets the HQS standards. The unit shall be inspected and determined to be in standard condition prior to the provision of TBRA assistance and once per year thereafter for those Program Participants receiving assistance beyond the initial 12 months. A copy of the completed HQS Checklist shall be maintained in the Case File.

Additionally, each property must be in located within the City of Corona and/or in the case of portability, located in Riverside or San Bernardino counties. Units must also be in compliance with all applicable City of Corona or local City policies and ordinances, including having a valid business license (if applicable).

UNIT SIZE AND OCCUPANCY STANDARDS
The following occupancy standards comply with HQS requirements and specify how the number of bedrooms required by the applicant’s household will be determined as related to both (1) determining the appropriateness of the actual unit size and (2) calculating amount of TBRA rental assistance. The City of Corona or its Contractor may modify these standards on a case-by-case basis to accommodate specific household composition and circumstances (e.g., pending child custody cases, chronic illnesses, family member who is absent most of the time, etc.).

General Guidance on Bedroom Requirements
Housing is overcrowded if there are more than two occupants per bedroom plus one person. Fair housing rules permit applicants to select smaller units that do not, from the City’s perspective, create seriously overcrowded conditions. With the recommendation of the Contractor, Applicants may also select larger units at their own expense (meaning TBRA subsidy will not cover the increased cost of a larger unit). In addition to the number of bedrooms, both the size of the unit and the size of the bedrooms shall be considered when evaluating the individual circumstances of the family.

Determining Family Unit Size
For each family, the TBRA Program Case Manager determinesthe appropriate number of bedrooms under the TBRA Program subsidy standards and enters the family unit size on the certificate that is issued to the family. The family unit size does not dictate the size of unit the family must actually lease, nor does it determine who within a household will share a bedroom/sleeping room.

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TBRA Program Guidelines 23 City of Corona
The following requirements apply when the TBRA Program Case Manager determines family unit size:
• The subsidy standards must provide for the smallest number of bedrooms needed to house a family without overcrowding.
• The subsidy standards must be consistent with space requirements under the housing quality standards. [24 CFR 982.401 (d)]
• The subsidy standards must be applied consistently for all families of like size and composition. • A child who istemporarily away from the home because of placement in foster care is considered a member of the family in determining the family unit size. • A family that consists of a pregnant woman (with no other persons) must be treated as a twoperson family. • Any live-in aide (approved by the TBRA Program Case Manager to reside in the unit to care for a family member who is disabled) must be counted in determining the family unit size; • Unless a live-in-aide resides with a family, the family unit size for any family consisting of a single person will be a one-bedroom unit.

The TBRA Program Case Manager will assign one bedroom for each two persons within the household, except in the following circumstances:
• Live-in aides will be allocated a separate bedroom. No additional bedrooms will be provided for the live-in aide’s family. The occupancy standards must be consistent with housing quality standards of no more than two persons per living area (bedrooms, living room, den, family room). • Single person families will be allocated a one bedroom. • Foster children will be included in determining unit size. • A separate bedroom should be allocated for the Head of Household unless there is a spouse/significant other unless there is a spouse/significant other in the household. • A separate bedroom should be allocated for the Head of Household if no spouse or cohabitant exists.
• When someone who has been considered a family member attends school away from home, the person will continue to be considered a family member unless information becomes available to TBRA Program Case Manager indicating that the student has established a separate household or the family declares that the student has established a separate household. • A separate bedroom should be allocated where there is an odd number of family members (excluding the head of household, spouse/cohabitant).

The TBRA Program Case Manager will reference the following chart in determining the appropriate certificate size for a family:

Table 3
Unit Size Persons in Household
1 Bedroom 1-2
2 Bedrooms 2-4
3 Bedrooms 4-6
4 Bedrooms 6-8
5 Bedrooms 8-10
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TBRA Program Guidelines 24 City of Corona
Exceptions to Subsidy Standards
In determining family unit size for a particular family, the TBRA Program Case Manager may grant an exception to its established subsidy standards if the TBRA Program Case Manager determines that the exception is justified by the age, sex, health, handicap, or relationship of family members or other personal circumstances [24 CFR 982.402(b)(8)]. Reasons may include, but are not limited to:
• A need for an additional bedroom for medical equipment • A need for a separate bedroom for reasons related to a family member’s disability, medical or health condition
• A need for an additional bedroom for reasons related to an elderly family member’s medical or health condition.

The family must request any exception to the subsidy standards in writing within 30 days of the determination of certificate size. The request must explain the need or justification for a larger family unit size, and must include appropriate documentation. Requests based on health-related reasons must be verified by a knowledgeable professional source (e.g., doctor or health care professional), unless the disability and the disability–related request for accommodation is readily apparent or otherwise known.

The family’s need for an additional bedroom due to special medical equipment must be re-verified in writing at annual reexamination.

All exceptionsto subsidy standards will be reviewed and determined by the TBRA Program Case Manager.

The TBRA Program Case Manager will notify the family of its determination within 10 business days of receiving the family’s request. If a participant family’s request is denied, the notice will inform the family of their right to request an informal hearing.

TBRA assistance moves with the program participant. If a household needs to change location, the household may take the TBRA assistance along when it moves to another rental unit (https://www.hudexchange.info/resources/documents/Building-HOME-Chapter-7-Tenantbased-RentalAssistance.pdf).

If a household decides to change location to a new unit, the household will need to provide a request, in writing, to the TBRA Program Case Manager. The written request shall include the following information:
• Notification of the desire to change location of the TBRA assistance • New location is within Riverside County or San Bernardino County • Address of the new location
• Date of desired move
• Identify any change in household size (if applicable) • VAWA- TBRA participants may submit a VAWA Certification and request for emergency transfer (if applicable)
The TBRA Program Case Manager shall complete all requirements as outlined in both the Application and Income Eligibility and the Housing Unit Eligibility sections of these guidelines to determine if the new unit is eligible and approved by the TBRA Oversight Committee for program assistance. After the initial income determination, an updated income determination only needs to be completed at the household’s annual renewal date, with one exception, if the household composition will change when moving to a new unit, DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

TBRA Program Guidelines 25 City of Corona
a new Part 5 Income Determination must be prepared for the household using current source documentation. All requirements must be met as outlined above for the new unit.

HOUSING QUALITY STANDARDS (HQS) INSPECTIONS
Any TBRA assisted property must meet all applicable City of Corona or local host City housing codes and ordinances as well as the Section 8 Housing Quality Standards (HQS). Inspection to verify compliance with HQS and occupancy standards are made both at initial move-in and annually during the term of the TBRA assistance. A written inspection form must be signed and dated and retained in the tenant file.

The HQS standards cover the following areas:
• Sanitary facilities
• Food preparation and refuse disposal
• Space and Security
• Thermal Environment
• Illumination and electricity
• Structure and materials
• Interior Air Quality
• Water Supply
• Lead-based paint
• Access
• Site and neighborhood
• Sanitary condition
• Smoke Detectors
Housing Quality Standards(HQS) Space Standards
According to the Housing Quality Standards forspace within a dwelling unit (24 CFR 982.401 and 982.403) the following is required:
• Provide adequate space and security for the family
• Have at least one bedroom or living/sleeping room for each two persons A unit that does not meet these HQS Inspection space standards is defined as overcrowded.

A living room may be used as sleeping (bedroom) space, but no more than two persons may occupy the space. A bedroom or living/sleeping room must have at least:
• One window
• Two electrical outlets in proper operating condition (permanent overhead or wall-mounted light fixtures may count as one of the required electrical outlets) If the TBRA Program Case Manager determines that a unit is overcrowded because of an increase in family size or a change in family composition, the family and the TBRA Program Case Manager must try to find an acceptable unit as soon as possible. If an acceptable unit is available for rental by the family, the TBRA Program Case Manager must terminate the TBRA Program agreement in accordance with its terms.

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TBRA Program Guidelines 26 City of Corona

LEAD-BASED PAINT
The Lead-Safe Housing Rule of 24 CFR part 35, subpart M, is applicable to units rented by TBRA Program participants pursuant to 24 CFR 92.355, and cannot be waived. The TBRA Program Case Manager shall ensure that units built before 1978 undergo visual evaluation and paint repair in accordance with 24 CFR Part 35, subpart M.

All applicants will be notified of the hazards of lead-based paint and of the symptoms and treatment of lead-based paint poisoning. Applicants will be provided with the Lead Paint Disclosure and a copy of the disclosure is to be retained in the applicant’s file. This is a standard requirement of all applications and the TBRA Program Case Manager must collect an acknowledgement signed by the applicant indicating receipt of the pamphlet, documenting that disclosure has occurred. The pamphlet and acknowledgement are included with the Program Application.

The TBRA Program must adhere to the following requirements of Lead-Safe Housing Rule:
• Tenants must receive the fact sheet “Ten Tips to Protect Children from Pesticide and Lead Poisonings around the Home” (EPA) and the pamphlet “Protect Your Family from Lead” (EPA) at the time of application.
• Tenants must receive the Elevated Blood Level form (tenant signature optional) and the Tenant Notice of Defect/Notice of Elevated Blood Level Above 15 ug form prior to move in. • A sign-off form, indicating that the tenant has received the four documents, must be kept in tenant files.
• Visual assessment of units built prior to 1978 must take place during the HQS inspection.

Exemptions include 0-bedroom units, SROs, and units exclusively for the elderly and disabled where children age 6 and under will not/do not occupy the unit. • If deteriorated paint is identified in the visual assessment, • Lead-based paint stabilization/abatement procedures must take place at the expense of the Owner within 30 days of notification to the Owner (24 CFR Part 35.1330(a) and (b).) • The Owner of the unit must meet the requirements of paint stabilization as defined in 24 CFR Part

35.110. Paint stabilization must be conducted in accordance with procedures outlined at 24 CFR 1330(a) & (b). Owners must pay for stabilization and/or abatement procedures prior to move-in (or during occupancy). If the Owner declines to provide stabilization, another unit must be selected.
• Owner must provide a copy of the clearance report performed in accordance with 24 CFR 35.1340 whenever paint stabilization is undertaken. Owner must provide tenant with a written notice of the results of the clearance exception (24 CFR 35.1215(c). • If lead-based paint or deteriorated paint in non-exempt units is identified following move in and/or during an annual or periodic re-inspection, depending on the scope of the work to stabilize the paint, and if deemed necessary, the Owner is responsible for relocating the tenants to a comparable dwelling free of lead-based paint hazards while the work is taking place. • Owner must adopt procedures to ensure that on-going maintenance activities are conducted in accordance with 24 CFR 35.1355 during the term of assisted tenancy. • Identification of the number of units built prior to 1978 and the number of children and pregnant women residing in each unit must be provided on TBRA tenant project set-up forms.

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TBRA Program Guidelines 27 City of Corona

RENT REASONABLENESS
TBRA assisted units must rent for a reasonable amount, compared to rents charged for comparable, unassisted units. TBRA Program Case Manager must document the basis for their rent reasonableness determinations on a form prescribed by TBRA Program Case Manager. The prescribed form provides a rent analysis for three (3) comparable unassisted units. Key components of a comparability analysis include:
• Location in Community: In many markets, location is the key determinant of housing price (i.e., good/safe neighborhood, close to schools/bus routes, etc.). • Size: Only units of comparable size (both in terms of number of bedrooms and square footage) should be used.
• Rent for Unit: Amount of rent being charged by Owner. • Utilities Included: Consider the type and fuelsource of utilities. • Condition: Only units in similar condition should be compared. • Amenities: Considersuch amenities as garage, appliances, and lot size.

HUD regulations define a reasonable rent as one that does not exceed the rent charged for comparable, unassisted units in the same market area. HUD also requires that Owners not charge more for assisted units than for comparable units on the premises. (24 CFR 92.209) Comparable units must represent unrestricted market rents. Therefore, units that receive some form of federal, state, or local assistance that imposes rent restrictions cannot be considered comparable units.

These include units assisted by HUD through any of the following programs: Section 8 project-based assistance, HOME or Community Development Block Grant (CDBG) program-assisted units in which the rents are subsidized; units subsidized through federal, state, or local tax credits; units subsidized by the Department of Agriculture rural housing programs, and units that are rent-controlled by local ordinance.

Housing Authority of the County of Riverside
Voucher Payment Standards (current) effective 3/30/2022-12/31/2022 Established pursuant to HUD Expedited Waiver approved on 3-28-2022: Voucher Tenancy: New Payment Standard Amount [24 CFR 982.503 (b)] – Establishment of payment standards from 111% to 120% of the FMR.

Bedrooms Payment Standard
0 $1,274
1 $1,442
2 $1,810
3 $2,478
4 $3,050
5 $3,507
6 $3,964
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TBRA Program Guidelines 28 City of Corona
PARTICIPANT’S RENT CONTRIBUTION
For the purposes of the City of Corona TBRA Program, the minimum program participant rent shall be the higher of $50 or 30 percent of the household’s monthly Adjusted Income. Under no circumstances shall rents exceed the Fair Market Exception Rent or the Fair Market Rent (FMR) published by the Riverside County Housing Authority, whichever is higher. In cases where the TBRA Program participant has little or no income, exceptions to the minimum $50 participant rent contribution standard will be considered for approval by the TBRA Program Case Manager and the TBRA Oversight Committee.

TERM OF ASSISTANCE
The term of TBRA rental assistance may not exceed 12 months but may be renewed up to a maximum of 24 months, subject to the availability of HOME funds as determined by the recommendation of the TBRA Oversight Committee. Subsequent to the initial 12-month term of TBRA assistance, if TBRA assistance is recommended for renewal, a new Part 5 Annual Income Determination must be prepared using current source documentation.

REQUEST FOR TBRA UNIT APPROVAL
Once a unit is identified by the applicant and the TBRA Program Case Manager, with an Owner that is willing to participate in the TBRA Program, the applicantshallsubmit a request for the unit to be approved so that TBRA funds can be used to rent the unit. The TBRA Program Case Manager will prepare the request form to be signed by the applicant and potential Owner.

In order for the TBRA Program Case Manager to assist a Program Participant in a particular dwelling unit, or execute a Rental Assistance Payments Agreement with the Owner of a dwelling unit, the TBRA Program Case Manager must determine that all the following program requirements are met:

The unit itself must qualify as an eligible unit [24 CFR 982.305(a)] • The unit must be inspected by the TBRA Program Case Manager, or the City Inspector and the unit must meet the inspection standards (refer to Housing Quality Standards (HQS) [24 CFR 982.305(a)]
• The rent to be charged by the Owner for the unit must be reasonable [24 CFR 982.305(a)]  • The Owner must be an eligible Owner, approvable by the TBRA Program Case Manager, with no conflicts of interest as defined in Exhibit 9: Conflicts of Interest. [24 CFR 982.306]

PARTICIPANT AGREEMENT
The TBRA Program Contractor and the TBRA Program Participant will enter into an agreement in which the Program Participant agrees to comply with the TBRA Program rules and the TBRA Program agrees to pay all or a portion of the rent, as specified in the agreement.

The term of the TBRA Program Participant Agreement runs in conjunction with the term of the Lease. The Lease cannot exceed one (1) year. The participant agreement automatically terminates on the last day of the term of the Lease. If the participant is no longer eligible for TBRA, the participant agreement with the Owner will automatically terminate. The TBRA Program will no longer be required to make rental assistance payments to the Owner if the participant is no longer occupying the rental unit or if the tenant remains in the rental units after their rental assistance has ended.

PARTICIPANT AGREEMENT/LEASE/LEASE ADDENDUM/

RENTAL ASSISTANCE PAYMENTS AGREEMENT
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TBRA Program Guidelines 29 City of Corona
The Participant Agreement will be signed by an authorized representative of the TBRA Program Contractor managing the TBRA Program.

LEASE
The City of Corona and the TBRA Program Contractor are not a party to the Program Participant/Owner lease and will not be obligated to enforce or intervene in a Program Participant/Owner dispute. The TBRA Program Contractor is not a party to the eviction process. If the Program Participant is legally evicted for cause, the TBRA Program Contractor may terminate assistance to the Program Participant.

The TBRA Program Case Manager shall receive and maintain a copy of the lease in the case file.

Review of Lease
The TBRA Program Case Manager will review the dwelling lease for compliance with all applicable requirements.

If the dwelling lease is incomplete or incorrect, the TBRA Program Case Manager will notify both the Program Participant and the Owner of the deficiencies. Missing and corrected lease information shall be transmitted to the TBRA Program Case Manager in writing (revised/corrected and signed lease). The TBRA Program Case Manager will not accept missing and corrected information over the phone.

Because the initial leasing process is time-sensitive, the TBRA Program Case Manager will attempt to communicate with the Owner and Program Participant by phone, fax, or email. The TBRA Program Case Manager will use U.S. Postal Service when the parties cannot be reached by phone, fax, or email.

The TBRA Program Case Manager will not review the Owner’s lease for compliance with state/local law.

LEASE ADDENDUM
The Program Participant and the Owner will enter into the TBRA Lease Addendum (Exhibit 8 – TBRA Lease Addendum) in which the Program Participant and the Owner agree to comply with the program requirements and the TBRA Program agrees to pay all or a portion of the rent, as specified in the Lease Addendum. Unless explicitly noted in a paragraph in the Addendum, the term of the TBRA Lease Addendum Agreement shall begin on the date the TBRA Lease Addendum is executed and extend through 30 days after the last month of assistance provided, as outlined in the Addendum.

The Owner shall consent (verbally or in writing) to the following program parameters before the TBRA Program Case Manager will bring a recommendation of approval to the TBRA Oversight Committee:
• Owner shall indicate willingness to enter into a one-year lease with the TBRA Program Participant and shall agree to signing the TBRA Lease Addendum (Exhibit 8 – TBRA Lease Addendum). • Except in extenuating cases where 100% of rent is paid by the TBRA Program, Owner shall acknowledge that monthly rent payments will be received from the Program Participant directly and from TBRA Program Contractor in two separate payments. • Owner shall acknowledge willingness to sign a rental assistance contract with the TBRA Program Contractor to facilitate rent payments to be made directly from the TBRA Program Contractor. • Owner shall acknowledge that the rental unit must meet Housing Quality Standards (HQS) as determined by a City of Corona Inspector.

HOME TBRA-assisted units must have a written lease with the TBRA Lease Addendum Agreement attached atsigning. The TBRA Program Case Manager must ensure each lease does not include any prohibited lease provisions. This is accomplished through the required TBRA Lease Addendum, which counteracts DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

TBRA Program Guidelines 30 City of Corona
prohibited provisions and eliminates the need for in-depth legal review. The TBRA Lease Addendum also includes key HOME program requirements such as the VAWA lease addendum in accordance with 24 CFR

92.359(e).

The following lease provisions are prohibited:
• Agreement by the Program Participant to be sued or to admit guilt, or a judgment in favor of the Owner in a lawsuit brought in connection with the lease. • Agreement by the Program Participant that the Owner may take, hold, or sell the personal property of the applicant without notice to the applicant and a court decision on the rights of the parties (this does not apply to personal property left by the applicant after move-out). • Agreement by the Program Participant not to hold the Owner or its agents legally responsible for any action or failure to act, whether intentional or negligent. • Agreement by the Program Participant that the Owner may institute a lawsuit without notice to the applicant.
• Agreement that the Owner may evict the Program Participant without a civil court proceeding where the applicant has the right to present a defense, or before a court decision on the rights of the applicant and the Owner.
• Agreement by the Program Participant to waive a trial by jury. • Agreement by the Program Participant to waive the applicant’s right to appeal or otherwise challenge a court decision.
• Agreement by the Program Participant to pay attorney fees or other legal costs, even if the applicant wins in court.

A copy of the lease and the addendum shall be kept in each participant’s file.

RENTAL ASSISTANCE PAYMENTS AGREEMENT
The Rental Assistance Payments Agreement is a written agreement between the TBRA Program and the Owner of the dwelling unit occupied by a Program Participant. The agreement spells out the Owner’s responsibilities under the program, as well as the TBRA Program Case Manager’s obligations. Under the Rental Assistance Payments Agreement, the TBRA Program Case Manager agrees to make rental assistance payments to the Owner on behalf of the Program Participant approved by the TBRA Program Case Manager to occupy the unit.

When the TBRA Program Case Manager has determined that the unit meets program requirements and the tenancy is approvable, the TBRA Program Case Manager and Owner must execute the Rental Assistance Payments Agreement.

FAMILY BREAKUP—DIVORCE OR DEATH
When a Program Participant’s household breaks up, the rental assistance remains with the eligible Program Participant, i.e., the person receiving services from the Harrison Shelter, City Motel Shelter, or any of the homelessness prevention services requirements for the TBRA Program.

If the Program Participant dies, any remaining members of the household can continue to receive assistance for three full calendar months following the death of the eligible family member given that there is at least one adult family member remaining in the household. After that, the remaining household members will no longer be eligible to receive the TBRA Program assistance. To address extenuating

CHANGES IN HOUSEHOLD OCCUPANCY
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TBRA Program Guidelines 31 City of Corona
circumstances, the TBRA Case Manager can recommend exceptions to this rule so long as the maximum 24-month length of assistance period is not exceeded.

ABSENCE FROM THE UNIT
The Program Participant may be absent from their unit for up to 90 days for medical-related care or treatment and continue to receive rental assistance. This is with the understanding and agreement of the Program Participant that the tenant share of the rent is being paid according to the lease provisions and that no other person is allowed to stay in the unit (other than approved household members listed on the lease) without the approval of the Owner and TBRA Program Case Manager.

The Program Participant may be absent from their rental unit for up to 30 days during a 12-month period for vacation or to visit out-of-town relatives or friends. The TBRA Program rental unit is intended to be the primary residence and extended absences may put the Program Participant’s rental assistance in jeopardy. If the Program Participant head-of-household or co-head of household plan on being away from the rental unit for more than 14 consecutive days, they must notify the TBRA Program Case Manager.

The sole exception to this allowance is incarceration, which causes the TBRA Program rental assistance to terminate automatically. Such terminations are evaluated on a case-by-case basis. For example, very brief stays in jail for minor infractions might not be considered incarceration and might not result in immediate termination. Incarceration is defined as a jail sentence of more than 30 consecutive days. Program Participants are required to notify the TBRA Program Case Manager if they plan to be absent from their unit for longer than 30 days.

The participant must also abide by the terms of the lease related to absence from the unit.

GUESTS AND VISITORS TO THE UNIT
Program Participants are permitted and encouraged to have guests and visitors at their unit. Program Participants are responsible for their guests or visitors while they are on the property and at their unit.

Any problems that guests or visitors cause while they are at the Program Participant’s unit or on the property will become the responsibility of the Program Participant.

Guests and visitors are permitted to stay overnight, but no more than 14 days in a 12-month period. If guest stays beyond this period, the participant will be in violation of the TBRA Program. Individuals can be added to the household, but the Program Participant’s TBRA Program Case Manager will have to review the situation and make a recommendation to TBRA Oversight Committee stating that adding this person to the Program Participant’s household will be beneficial to the Program Participant and the other members of the household. TBRA Oversight Committee will make the final decision on adding a person(s) to the household. The TBRA Program Case Manager will conduct a full screening which will include criminal background checks and income verification of any person the Program Participant wishes to add to the household. Occupancy requirements of the current unit will be taken into account, as to not cause an “over-crowding” situation. Owner authorization is also required prior to adding the new household member. (Form to be developed in collaboration with Contractor)

ALLOWABLE MOVES
HUD lists five regulatory conditions and the statutory condition under VAWA in which a Program Participant is allowed to move to a new unit with continued assistance. Permission to move is subject to the restrictions set forth below.

MOVING WITH CONTINUED ASSISTANCE
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TBRA Program Guidelines 32 City of Corona
• The Program Participant has a right to terminate the lease on notice to the Owner(fortheOwner’s breach or otherwise) and has given a notice of termination to the Owner in accordance with the lease [24 CFR 982.314(b)(3)]. If the Program Participant terminates the lease on notice to the Owner, the Program Participant must give the TBRA Program Case Manager a copy of the notice at the same time [24 CFR 982.314(d)(1)].
• The lease for the Program Participant’s unit has been terminated by mutual agreement of the Owner and the Program Participant [24 CFR 92.253]. If the Program Participant and the Owner mutually agree to terminate the lease for the Program Participant’s unit, the Program Participant must give the TBRA Program Case Manager a copy of the termination agreement. • The Owner has given the Program Participant a notice to vacate, has commenced an action to evict the family, or has obtained a court judgment or other process allowing the Owner to evict the Program Participant. The Program Participant must give the TBRA Program Case Manager a copy of any Owner eviction notice.
• The Program Participant or a member of the family is or has been the victim of domestic violence, dating violence, sexual assault, or stalking and the move is needed to protect the health or safety of the Program Participant or family member [24 CFR 982.314(b)(4)]. This condition applies even when the Program Participant has moved out of its unit in violation of the lease, with or without prior notification to the TBRA Program Case Manager, if the Program Participant or family member who isthe victim reasonably believed that he orshe wasimminently threatened by harm from further violence if he or she remained in the unit [24 CFR 982.314(b)(4), 24 CFR 982.353(b)].

If a Program Participant requests permission to move with continued assistance based on a claim that the move is necessary to protect the health or safety of a family member who is or has been the victim of domestic violence, dating violence, sexual assault, or stalking, the TBRA Program Case Manager will request documentation in accordance with these guidelines. The TBRA Program Case Manager reserves the right to waive the documentation requirement if it determines that a statement or other corroborating evidence from the Program Participant or family member will suffice. In such cases the TBRA Program Case Manager will document the waiver in the family’s file.
• The TBRA Program Case Manager has terminated the assisted lease for the Program Participant’s unit for the Owner’s breach.
• The TBRA Program Case Manager determinesthat the Program Participant’s current unit does not meet the HQS space standards because of an increase in family size or a change in family composition. In such cases, the TBRA Program Case Manager must issue the Program Participant a new certificate, and the Program Participant and Case Manager must try to find an acceptable unit as soon as possible. If an acceptable unit is available for the Program Participant, the TBRA Program Case Manager must terminate the Rental Assistance Payments Agreement for the Program Participant’s old unit in accordance with the Rental Assistance Payments Agreement terms and must notify both the Program Participant and the Owner of the termination. The Rental Assistance Payments Agreement terminates at the end of the calendar month that follows the calendar month in which the TBRA Program Case Manager gives notice to the Owner.

RESTRICTIONS ON MOVES
A Program Participant’s right to move is generally contingent upon the Program Participant’s compliance with program requirements. There are three conditions under which the TBRA Program Case Manager may deny a Program Participant permission to move:
• Insufficient Funding: The TBRA Program Case Manager will deny a Program Participant permission to move on grounds that the TBRA Program does not have sufficient funding for continued assistance. The TBRA Program Case Manager will inform the Program Participant of its policy DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

TBRA Program Guidelines 33 City of Corona
regarding moves denied due to insufficient funding in a letter to the Program Participant at the time the move is denied.
• Grounds for Denial or Termination of Assistance: The TBRA Program Case Manager may deny a Program Participant permission to move if it has grounds for denying or terminating the Program Participant’s assistance. If the TBRA Program Case Manager has grounds for denying or terminating a Program Participant’s assistance, the TBRA Program Case Manager will act on those grounds in accordance with the regulations and policies set forth in the TBRA Program Guidelines.

In general, it will not deny a Program Participant permission to move for this reason; however, it retains the discretion to do so under special circumstances. • The new housing unit does not meet HQS standards or is located outside of the program jurisdiction.

MOVING PROCESS
If a Program Participant wishes to move to a new unit, the Program Participant must notify the TBRA Program Case Manager and the Owner before moving out of the old unit or terminating the lease on notice to the Owner.

Reexamination of Family Income and Composition
For Program Participants approved to move to a new unit, the TBRA Program Case Manager will perform a new annual reexamination in accordance with the policies set forth in these guidelines.

For more information see Exhibit 4: Reexaminations.

Approval
For Program Participants approved to move to a new unit within the TBRA Program, the TBRA Program Case Manager will issue a new approval letter. The TBRA Program Case Manager will follow the guidelines on the lease term, extension, and expiration.

Rental Assistance Payments
When a Program Participant moves out of an assisted unit, the TBRA Program Case Manager may not make any rental assistance payment to the Owner for any month after the month the Program Participant moves out. The Owner may keep the rental assistance payment for the month when the Program Participant moves out of the unit.

If a Program Participant moves from an assisted unit with continued tenant-based assistance, the term of the assisted lease for the new assisted unit may begin during the month the Program Participant moves out of the first assisted unit. Overlap of the last rental assistance payment (for the month when the family moves out of the old unit) and the first assistance payment forthe new unit is not considered to constitute a duplicative housing subsidy.

The TBRA Oversight Committee may terminate assistance or deny renewal of TBRA assistance to a Program Participant who violates program requirements or is found to have provided false information to the TBRA Program Contractor or the City of Corona. Upon termination, TBRA Program Contractor will provide form HUD-5380, Notice of Occupancy Rights under VAWA and form HUD-5382, Certification of Domestic Violence, Sexual Assault, or Stalking and Alternative Documentation. The TBRA Oversight Committee may resume assistance to a Program Participant whose assistance was previously terminated.

Termination of benefits or resumption of benefitsshall be documented in correspondence to the Program Participant as follows:

TERMINATION OF ASSISTANCE
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TBRA Program Guidelines 34 City of Corona
(1) Written notice to the Program Participant containing a clear statement of the reasons for termination or denial to renew TBRA assistance;
(2) A review of the decision, in which the Program Participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination or decision to deny renewal of TBRA assistance; and (3) Prompt written notice of the final decision to the Program Participant.

GROUNDS FOR TERMINATION OF ASSISTANCE
HUD requires the City of Corona to terminate assistance for certain actions and inactions of the Program Participant and when the Program Participant no longer requires assistance due to increases in Program Participant income. HUD permits the City to terminate assistance for certain other actions or inactions of the Program Participant. In addition, a Program Participant may decide to withdraw from the program and terminate their TBRA assistance at any time by notifying the City orthe TBRA Program Case Manager.

FAMILY NO LONGER REQUIRES ASSISTANCE
As a Program Participant’s income increases, the amount of the rental assistance payment decreases. If the amount of assistance provided by the TBRA Program is reduced to zero, the Program Participant 's assistance terminates automatically 180 days after the last rental assistance payment.

If a Program Participant receiving zero assistance experiences a change in circumstancesthat would result in rental assistance payment resuming, the Program Participant must notify the TBRA Program Case Manager ofthe change and request an interim reexamination before the expiration ofthe 180-day period.

FAMILY CHOOSES TO TERMINATE ASSISTANCE
The Program Participant may request that the TBRA Program Case Manager terminate rental assistance payments on behalf of the family at any time. The request to terminate assistance should be made in writing and signed by the head of household and spouse, if applicable.

ANNUAL INCOME EXCEEDS LOW-INCOME LIMITS
If a Program Participant’s income exceeds the low-income limit at reexamination, assistance must be terminated after the TBRA Program Case Manager gives reasonable notice to the tenant.

EVICTION
The TBRA Program Case Manager will terminate assistance whenever a Program Participant is evicted from a unit assisted under the TBRA Program for a serious or repeated violation of the lease. Incidents of actual or threatened domestic violence, dating violence, sexual assault, or stalking may not be construed as serious or repeated violations of the lease by the victim or threatened victim of such violence or stalking.

TERMINATION OF TENANCY BY OWNER
Pursuant to HOME program regulations, Owners may evict applicants following applicable state and local laws. Generally, that means Owners may only evict applicants in the event of:
• Serious or repeated lease violations.
• Legal violations in connection with the unit or its premises. • Criminal activity.
• Other causes specified by state or local law.

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TBRA Program Guidelines 35 City of Corona

TERMINATION OF ASSISTANCE BY THE CITY
The Oversight Committee may terminate assistance or deny renewal of TBRA Program assistance to a Program Participant who violates TBRA Program requirements or is found to have provided false information to the City and its Contractor.

The Oversight Committee and its Contractor may also approve resuming assistance to a Program Participant whose assistance was previously terminated. Termination of benefits or resumption of benefits shall be documented in correspondence to the program participant as follows:
• Written notice to the Program Participant containing a clear statement of the reasons for termination or denial to renew TBRA assistance.
• A review of the decision, in which the Program Participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination or decision to deny renewal of Program assistance; and • Prompt written notice of the final decision to the program participant.

In the event that the TBRA Oversight Committee denies an application or terminates previously approved assistance, the affected Program Participant may submit a written appeal to the TBRA Program Case Manager within ten (10) calendar days providing information asto why the decision of the TBRA Oversight Committee was incorrect. The TBRA Program Contractor shall submit the appeal to the City of Corona Community Services Department – Attn: Administrative Services Manager for review and presentation to the Director of Community Services. The Director of Community Servicesshall review the appeal and issue a final determination within ten (10) business days of receipt from Contractor.

The TBRA Program Case Manager is required to reexamine each Program Participant’s income and composition at least annually, and to adjust the Program Participant’s level of assistance accordingly.

Interim reexaminations are also needed in certain situations. This chapter discusses both annual and interim reexaminations, and the recalculation of Program Participant’s share and subsidy that occurs as a result.

ANNUAL REEXAMINATIONS
The TBRA Program Case Manager must conduct a reexamination of Program Participant’s income and composition and determine income eligibility at least annually. Income eligibility means not to exceed the low-income limits. This process includes gathering and verifying current information about family composition, income, and expenses. Based on this updated information, the Program Participant’sincome and rent must be recalculated.

If a Program Participant’s income goes above the low-income limit at reexamination, assistance must be terminated after the Contractor gives reasonable notice to the tenant.

INTERIM REEXAMINATIONS
Family circumstances may change between annual reexaminations. HUD and the TBRA Program Case Manager policies dictate what kinds of information about changes in family circumstances must be reported, and under what circumstances the TBRA Program Case Manager must process interim reexaminations to reflect those changes. HUD regulations also permit the TBRA Program Case Manager to conduct interim reexaminations of income or family composition at any time. When an interim

APPEALS

REEXAMINATIONS
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TBRA Program Guidelines 36 City of Corona
reexamination is conducted, only those factors that have changed are verified and adjusted.

In addition to specifying what information the Program Participant must report, HUD regulations permit the Program Participant to request an interim determination if other aspects of the Program Participant’s income or composition changes. The TBRA Program Case Manager must complete the interim reexamination within a reasonable time after the Program Participant’s request.

For further information see Exhibit 4: Reexaminations.

The oversight of the TBRA Program sponsored by the City of Corona and undertaken by the TBRA Program Contractor, will be provided by the City of Corona’s Homeless Solutions Manager and the City’s contracted HOME Consultant. They will be responsible for approving applicants before commitments are made to Program Applicants and Owners. They may meet to review applications or work independently.

The TBRA Program Case Manager shall communicate with the TBRA Oversight Committee as frequently as necessary to ensure prompt decisions on each Program Application. As the TBRA program begins, the TBRA Program Contractor and the members of the TBRA Oversight Committee will establish the working and communication standards, including expectations for the prompt turnaround of Program Applications and rental agreements. Both of these have a timeliness factor and the TBRA Oversight Committee must be nimble and reactive in order to not place roadblocks in the way of the TBRA program staff and participants.

The TBRA Program Case Manager shall present the TBRA Oversight Committee with a memorandum summarizing the Program Application, applicant qualifications and a recommendation for approval or denial. The signed TBRA Oversight Committee Memorandum (Exhibit 9 - TBRA Oversight Committee Memo) shall be maintained in each TBRA Program Participant File.

If the TBRA Oversight Committee denies an application, the TBRA Program Case Manager shall prepare and send a letter to the applicant indicating the reason(s) for denial and shall include notification of the applicant’s right to appeal the decision in accordance with the Appeals section of these Guidelines.

Applicants who otherwise qualify for TBRA assistance cannot be denied TBRA assistance as a direct result of the fact that the applicant is or has been a victim of domestic violence, sexual assault, or stalking.

Along with the denial or approval letter, the TBRA Program Case Manager shall provide Violence Against Women Act (VAWA) form HUD-5380, Notice of Occupancy Rights under VAWA and form HUD-5382, Certification of Domestic Violence, Sexual Assault, or Stalking and Alternative Documentation.

In the event the TBRA Program Case Manager receives notice of a change in Program Participant rent or other action that does not impact the eligibility of the Program Participant or the unit or increase the amount of TBRA assistance, the TBRA Program Case Manager may request in writing approval of changes by the TBRA Oversight Committee.

The HOME Consultant shall monitor the program operation on an ongoing basis through participation in the TBRA Oversight Committee. At least once per Program Year, the City’s HOME Consultant shall monitor a random sample of the Contractor’sfiles. The monitoring review shall include programmatic and financial documentation including but not be limited to:

TBRA OVERSIGHT COMMITTEE

ADMINISTRATIVE ACTION

PROGRAM MONITORING AND EVALUATION
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• TBRA Program Participant Files:
o TBRA Oversight Committee Memo
o Program Application
o Supporting income documentation
o Income and Rent Determination Form
o TBRA Lease Addendum
• TBRA Program Contractor records:
o Timecards
o Payroll Registers
o General Ledger
o Chart of Accounts
o Financial Audit
o Compliance with local, state, and federal, fair housing laws and ordinances. o Complaints against Owner related to discrimination, and violations of Fair Housing regulation
Annual TBRA Program Contractor monitoring shall be conducted in accordance with HUD guidelines. The scope of monitoring shall include overall program operation and review of Program Participant files for compliance, as well as financial management.

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EXHIBITS
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TBRA Program Guidelines 39 City of Corona
FAMILY AND HOUSEHOLD[24 CFR 92.2, 24 CFR 5.403 and 24 CFR 5.404] To be eligible for assistance, an applicant must qualify as a family. Family as defined by HUD includes, but is not limited to the following, regardless actual or perceived sexual orientation, gender identity, or marital status:
(1) a single person, who may be an elderly person, disabled person, near-elderly person, or any other single person; or
(2) a group of persons residing together. Such group includes, but is not limited to (i) a family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family); (ii) an elderly family;
(iii) a near-elderly family;
(iv) a disabled family;
(v) a displaced family; and
(vi) the remaining member of a tenant family.

Gender Identity means actual or perceived gender characteristics. Sexual orientation means homosexuality, heterosexuality, or bisexuality.

HOUSEHOLD
Household means one or more persons occupying a housing unit.

REMAINING MEMBER OF A TENANT FAMILY
The HUD definition of family includes the remaining member of a tenant family, which is a member of an assisted family who remains in the unit when other members of the family have left the unit. Household members such as live-in aides do not qualify as remaining members of a family.

HEAD OF HOUSEHOLD
Head of household means the adult member of the family who is considered the head for purposes of determining income eligibility and rent. The head of household is responsible for ensuring that the family fulfills all of its responsibilities under the TBRA Program. The head of household must have the legal capacity to enter into a lease under state and local law. A minor who is emancipated under state law may be designated as head of household.

SPOUSE
A spouse means the legal marriage partner of the head of household.

DEPENDENT
A dependent is a family member who is under 18 years of age or a person of any age who is a person with a disability or a full-time student, except that the following persons can never be dependents: the head of household, spouse, and live-in aides.

JOINT CUSTODY OF DEPENDENTS
Dependents that are subject to a joint custody arrangement will be considered a member of the family, if they live with the applicant or participant family 50 percent or more of the time.

EXHIBIT 1: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS
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When more than one applicant or participant family is claiming the same dependents as family members, the family with primary custody at the time of the initial examination or reexamination will be able to claim the dependents. If there is a dispute about which family should claim them, the TBRA Program Case Manager will make the determination based on available documentssuch as court orders, or an IRS return showing which family has claimed the child for income tax purposes.

FULL-TIME STUDENT
A full-time student (FTS) is a person who is attending school or vocational training on a fulltime basis. A person attending high school is considered a full-time student. The time commitment or subject load that is needed to be full-time is defined by the educational institution.

ELDERLY AND NEAR-ELDERLY PERSONS, AND ELDERLY FAMILY
Elderly Persons
An elderly person is a person who is at least 62 years of age.

Near-Elderly Persons
A near-elderly person is a person who is 50-61 years of age.

Elderly Family
An elderly family is one in which the head, spouse, orsole member is an elderly person.

PERSONS WITH DISABILITIES AND DISABLED FAMILY
Persons with Disabilities
Under the TBRA Program, special rules apply to persons with disabilities and to any family whose head or spouse is a person with disabilities. The technical definitions of individual with handicaps and persons with disabilities are provided in Exhibit 7: Detailed Definitions Related to Disabilities. These definitions are used for a number of purposes including ensuring that persons with disabilities are not discriminated against based upon disability.

The TBRA Program Case manager must make all aspects of the TBRA Program accessible to persons with disabilities and consider reasonable accommodations requested based upon a person’s disability.

Disabled Family
Disabled family means a family whose head, spouse, or sole member is a person with a disability. It may include two or more persons with disabilitiesliving together, or one or more persons with disabilitiesliving with one or more live-in aides.

Even though persons with drug or alcohol dependencies are considered persons with disabilities, this does not prevent the TBRA from denying assistance forreasonsrelated to alcohol and drug abuse in accordance with the policies found in the section titled Termination of Assistance.

GUESTS
A guest is a person temporarily staying in the unit with the consent of a member of the household who has expressed or implied authority to so consent.

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The Program Participant must receive prior written permission from the Owner to have any guest temporarily stay in the unit. A copy of the written permission will be provided to the TBRA Program Case Manager.

With the Owner’s consent, a guest can remain in the assisted unit no longer than a total of 14 days in any 12-month period. Children who are subject to a joint custody arrangement or for whom a family has visitation privileges, that are not included as a family member because they live outside of the assisted household more than 50 percent of the time, are not subject to the time limitations of guests as described above.

A Program Participant may request an exception in writing to this policy for valid reasons (e.g., care of a relative recovering from a medical procedure is expected to last 30 consecutive days). An exception will not be made unless the Program Participant can identify and provide documentation of the residence to which the guest will return.

The Program Participant in tenancy that allows an unauthorized occupant to reside in their unit is not in compliance will be subject to termination of tenancy. Some examples of unauthorized occupants include:
• Use of the unit address as the guest’s current residence for any purpose that is not explicitly temporary or has the Owner’s consent shall be construed as permanent residence. • Persons that have joined the household without undergoing screening; • Persons that stay in the unit beyond an authorized period; and • A person (often a relative) that came to the unit as an extended visitor because the resident needed support, for example, after a medical procedure butstayed on in the unit beyond the time The burden of proof that the individual is a guest rests on the family. In the absence ofsuch proof, the individual will be considered an unauthorized member of the household and the TBRA Program Case Manager will terminate assistance since prior approval was not requested for the addition.

FOSTER CHILDREN AND FOSTER ADULTS
Foster children and foster adults that are living with an applicant or who have been approved by the TBRA Program Case Manager to live with a participant family are considered household members but not family members. The income of foster children/adults is not counted in family annual income and foster children/adults do not qualify for a dependent deduction.

A foster child is a child that is in the legal guardianship or custody of a state, county, or private adoption or foster care agency, yet is cared for by foster parents in their own homes, under some kind of shortterm or long-term foster care arrangement with the custodial agency.

A foster child or foster adult may be allowed to reside in the unit if their presence would not result in a violation of minimum HQS space/occupancy standards according to 24 CFR 982.401.

Children that are temporarily absent from the home as a result of placement in foster care are discussed in the next section.

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ABSENT FAMILY MEMBERS
Individuals may be absent from the family, either temporarily or permanently, for a variety of reasons including educational activities, placement in foster care, employment, illness, incarceration, and court order.

Definitions of Temporarily and Permanently Absent
Generally an individual who is or is expected to be absent from the assisted unit for less than 30 consecutive days or less is considered temporarily absent and continues to be considered a family member. Generally an individual who is or is expected to be absent from the assisted unit for more than 30 consecutive days is considered permanently absent and no longer a family member. Exceptions to this general policy are discussed below.

Absent Students
When someone who has been considered a family member attends school away from home, the person will continue to be considered a family member unless information becomes available to TBRA Program Case Manager indicating that the student has established a separate household or the family declares that the student has established a separate household.

Absences Due to Placement in Foster Care
Children temporarily absent from the home as a result of placement in foster care are considered members of the family.

Absent Head or Spouse
An employed head or spouse absent from the unit up to a maximum of 180 consecutive days due to employment will continue to be considered a family member.

A head or spouse who is absent from the unit because of a military deployment or active service will continue to be considered a family member.

Family Members Permanently Confined for Medical Reasons If a family member is confined to a nursing home or hospital on a permanent basis, that person is no longer considered a family member and the income of that person is not counted.

The TBRA Program Case Manager will request verification of the family member’s permanent absence from a responsible medical professional. If the responsible medical professional cannot provide a determination, the person will be considered temporarily absent. If the family certifies that the family member is confined on a permanent basis, they may present, and the TBRA Program Case Manager will consider, any additional documentation or evidence.

Return of Permanently Absent Family Members
The family must request the TBRA Program Case Manager approval for the return of any adult family members that the TBRA Program Case Manager previously determined to be permanently absent. The individual is subject to the eligibility and screening requirements discussed elsewhere in this section.

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LIVE-IN AIDE
A live-in aide is a person who resides with one or more elderly persons, or near-elderly persons, or persons with disabilities, and who:
• is determined to be essential to the care and well-being of the persons, • is not obligated for the support of the persons, and
• would not be living in the unit except to provide the necessary supportive services.

The TBRA Program Case Manager must approve a live-in aide if needed as a reasonable accommodation in accordance with 24 CFR 8, to make the program accessible to and usable by the family member with disabilities.

The income of a live-in aide is not counted in the calculation of annual income for the family [24 CFR

5.609(b)]. Relatives may be approved as live-in aides if they meet all of the criteria defining a live-in aide.

Because live-in aides are not family members, a relative who serves as a live-in aide would not be considered a remaining member of a tenant family.

A family’s request for a live-in aide must be made in writing. Written verification will be required from a reliable, knowledgeable professional, such as a doctor, social worker, or case worker, that the live-in aide is essential for the care and well-being of the elderly, near-elderly, or disabled family member. For continued approval, the family must submit a new, written request subject to TBRA Program Case Manager verification at each annual reexamination.

In addition, the family and live-in aide will be required to submit a certification stating that the live-in aide is (1) not obligated for the support of the person(s) needing the care, and (2) would not be living in the unit except to provide the necessary supportive services.

The TBRA Program Case Manager will not approve a particular person as a live-in aide, and may withdraw such approval if [24 CFR 982.316(b)]:
• The person commits fraud, bribery or any other corrupt or criminal act in connection with any federal housing program
• The person commits drug-related criminal activity or violent criminal activity The TBRA Program Case Manager will notify the family of its decision in writing within 10 business days of receiving a request for a live-in aide, including all required documentation related to the request.

Occasional, intermittent, multiple or rotating care givers typically do not reside in the unit and would not qualify as live-in aides. Therefore, an additional bedroom will not be approved for a live-in aide under these circumstances.

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A family’s income determines eligibility for assistance and is also used to calculate the family’s payment and the TBRA Program’s subsidy. The HOME program has income targeting requirements for the HOME program. Therefore, the TBRA Program Case Manager must determine each family is income eligible by determining the family's annual income [24 CFR 92.203(a)]. The TBRA Program Case Manager will use the Section 8 Housing Choice Voucher program annual income as defined at 24 CFR 5.609 in determining annual income to ensure that only eligible families receive assistance and that no family pays more or less than its obligation under the regulations.

ANNUAL INCOME
The general regulatory definition of annual income shown below is from 24 CFR 5.609:
(a) Annual income means all amounts, monetary or not, which:
1) Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other family member; or
2) Are anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date; and 3) Which are not specifically excluded in paragraph [5.609(c)].

Annual income also means amounts derived (during the 12-month period) from assets to which any member of the family has access.

HOUSEHOLD COMPOSITION AND INCOME
Income received by all family members must be counted unless specifically excluded by the regulations [24 CFR 92.203(d)(1)]. It is the responsibility of the head of household to report changes in family composition. The rules on which sources of income are counted vary somewhat by family member. The chart below summarizes how family composition affects income determinations.

Summary of Income Included and Excluded by Person
Live-in aides Income from all sources is excluded [24 CFR 5.609(c)(5)].

Foster child or foster adult Income from all sources is excluded [24 CFR 5.609(c)(2)].

Head or spouse
Other adult family members
All sources of income not specifically excluded by the
regulations are included.

Children under 18 years of age Employment income is excluded [24 CFR 5.609(c)(1)]. All other sources of income, except those specifically excluded by the regulations, are included.

EXHIBIT 2: INCOME AND SUBSIDY DETERMINATIONS
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Full-time students 18 years of age
or older (not head or
spouse)
Employment income above $480/year is excluded [24 CFR

5.609(c)(11)].

All other sources of income, except those specifically excluded by the regulations, are included.

TEMPORARILY ABSENT FAMILY MEMBERS
The income of family members approved to live in the unit will be counted, even if the family member is temporarily absent from the unit.

Generally, an individual who is or is expected to be absent from the assisted unit for 30 consecutive days or less is considered temporarily absent and continues to be considered a family member. Generally, an individual who is or is expected to be absent from the assisted unit for more than 30 consecutive days is considered permanently absent and no longer a family member. Exceptions to this general policy are discussed below.

Absent Students
When someone who has been considered a family member attends school away from home, the person will continue to be considered a family member unless information becomes available to the TBRA Program Case Manager indicating that the student has established a separate household or the family declares that the student has established a separate household.

Absences Due to Placement in Foster Care
Children temporarily absent from the home as a result of placement in foster care are considered members of the family [24 CFR 5.403].

If a child has been placed in foster care, the TBRA Program Case Manager will verify with the appropriate agency whether and when the child is expected to be returned to the home. Unless the agency confirms that the child has been permanently removed from the home, the child will be counted as a family member.

Absent Head or Spouse
An employed head or spouse absent from the unit more than 30 consecutive days due to employment will continue to be considered a family member.

Family Members Permanently Confined for Medical Reasons If a family member is confined to a nursing home or hospital on a permanent basis, that person is no longer considered a family member and the income of that person is not counted.

The TBRA Program Case Manager will request verification from a responsible medical professional and will use this determination. If the responsible medical professional cannot provide a determination, the person generally will be considered temporarily absent. The family may present evidence that the family member is confined on a permanent basis and request that the person not be considered a family member.

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When an individual who has been counted as a family member is determined permanently absent, the family is eligible for the medical expense deduction only if the remaining head or spouse qualifies as an elderly person or a person with disabilities.

Joint Custody of Dependents
Dependents that are subject to a joint custody arrangement will be considered a member of the family, if they live with the applicant or participant family more than 50 percent of the time.

When more than one applicant or participant family is claiming the same dependents as family members, the family with primary custody at the time of the initial examination or reexamination will be able to claim the dependents. If there is a dispute about which family should claim them, the TBRA Program Case Manager will make the determination based on available documentssuch as court orders, or an IRS return showing which family has claimed the child for income tax purposes.

CARETAKERS FOR A CHILD
The approval of a caretaker is at the Owner and the TBRA Program Case Manager’s discretion and subject to the Owner and the TBRA Program Case Manager’s screening criteria. If neither a parent nor a designated guardian remains in a household receiving TBRA assistance, the TBRA Program Case Manager will take the following actions:

1. If a responsible agency has determined that another adult is to be brought into the assisted unit to care for a child for an indefinite period, the designated caretaker will not be considered a family member until a determination of custody or legal guardianship is made.

2. If a caretaker has assumed responsibility for a child without the involvement of a responsible agency or formal assignment of custody or legal guardianship, the caretaker will be treated as a visitor for 90 days. After the 90 days has elapsed, the caretaker will be considered a family member unless information is provided that would confirm that the caretaker’srole is temporary.

In such cases TBRA Program Case Manager will extend the caretaker’s status as an eligible visitor.

3. At any time that custody or guardianship legally has been awarded to a caretaker, the certificate will be transferred to the caretaker.

4. During any period that a caretaker is considered a visitor, the income of the caretaker is not counted in annual income and the caretaker does not qualify the family for any deductions from income.

ANTICIPATING ANNUAL INCOME
The TBRA Program Case Manager isrequired to count all income “anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date” [24 CFR 5.609(a)(2)]. Policies related to anticipating annual income are provided below.

Basis of Annual Income Projection
The TBRA Program Case Manager generally will use current circumstances to determine anticipated income for the coming 12-month period. The TBRA Program Case Manager to use other than current circumstances to anticipate income when:
• An imminent change in circumstances is expected.
• It is not feasible to anticipate a level of income over a 12-month period (e.g., seasonal or cyclic income) [24 CFR 5.609(d)].

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• The TBRA Program Case Manager believes that past income is the best available indicator of expected future income [24 CFR 5.609(d)]
The TBRA Program Case Manager must determine annual income by reviewing source documents for at least two months, evidencing annual income for the TBRA-assisted household [24 CFR 92.203 (2)]. The TBRA Program Case Manager will use current tenant-provided documents to project annual income.

When the tenant provided documents are pay stubs, the TBRA Program Case Manager will make every effort to obtain current and consecutive pay stubs dated within the last two months.

If TBRA Program Case Manager determines additional information is needed, the TBRA Program Case Manager will obtain written and/or oral third-party verification in accordance with the verification requirements and policy in Exhibit 3: Verifications.

In this case, the TBRA Program Case Manager will review and analyze current data to anticipate annual income. In all cases, the family file will be documented with a clear record of the reason for the decision, and a clear audittrain will be left asto how the TBRA Program Case Manager annualized projected income.

When the TBRA Program Case Manager cannot readily anticipate income based upon current circumstances (e.g., in the case of seasonal employment, unstable working hours, or suspected fraud), the TBRA Program Case Manager will review and analyze historical data for patterns of employment, paid benefits, and receipt of other income and use the results of this analysis to establish annual income.

Anytime current circumstances are not used to project annual income, a clear rationale for the decision will be documented in the file. In all such cases the family may present information and documentation to the TBRA Program Case Manager to show why the historic pattern does not represent the family’s anticipated income.

Any time current circumstances are not used to project annual income, a clear rationale for the decision will be documented in the file. In all such cases the family may present information and documentation to the TBRA Program Case Manager to show why the historic pattern does not represent the family’s anticipated income.

Income determinations for new TBRA recipients are good for a six-month period. If TBRA assistance is not provided before the six months has expired, the household’s income eligibility must be reviewed again before assistance may be provided [24 CFR 92.203(2)].

Known Changes in Income
If the TBRA Program Case Manager verifies an upcoming increase or decrease in income, annual income will be calculated by applying each income amount to the appropriate part of the 12-month period.

Example: An employer reports that a full-time employee who has been receiving $6/hour will begin to receive $6.25/hour in the eighth week after the effective date of the reexamination. In such a case The TBRA PROGRAM CASE MANAGER would calculate annual income as follows: ($6/hour × 40 hours × 7 weeks) + ($6.25 × 40 hours × 45 weeks).

The family may present information that demonstrates that implementing a change before its effective date would create a hardship for the family. In such cases the TBRA Program Case Manager will calculate annual income using current circumstances and then require an interim reexamination when the change actually occurs.

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When tenant-provided third-party documents are used to anticipate annual income, they will be dated within the last 60 days of the reexamination interview date.

TYPES OF EARNED INCOME INCLUDED IN ANNUAL INCOME
Wages and Related Compensation
The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services is included in annual income [24 CFR

5.609(b)(1)].

For persons who regularly receive bonuses or commissions, the TBRA Program Case Manager will verify and then average amounts received for the two years preceding admission or reexamination. If only a one-year history is available, the TBRA Program Case Manager will use the prior year amounts. In either case the family may provide, and the TBRA Program Case Manager will consider, a credible justification for not using this history to anticipate future bonuses or commissions. If a new employee has not yet received any bonuses or commissions, the TBRA Program Case Manager will count only the amount estimated by the employer. The file will be documented appropriately.

Some Types of Military Pay
All regular pay, special pay and allowances of a member of the Armed Forces are counted [24 CFR

5.609(b)(8)] except for the special pay to a family member serving in the Armed Forces who is exposed to hostile fire [24 CFR 5.609(c)(7)].

TYPES OF EARNED INCOME NOT INCLUDED IN ANNUAL INCOME
Temporary, Nonrecurring, or Sporadic Income [24 CFR 5.609(c)(9)] Thistype of income (including gifts) is not included in annual income. Sporadic income includestemporary payments from the U.S. Census Bureau for employment lasting no longer than 180 days [Notice PIH 2009- 19].

Sporadic income is income that is not received periodically and cannot be reliably predicted. For example, the income of an individual who works occasionally, as a handyman would be considered sporadic if future work could not be anticipated and no historic, stable pattern of income existed.

Children’s Earnings
Employment income earned by children (including foster children) under the age of 18 years is not included in annual income [24 CFR 5.609(c)(1)]. (See Eligibility chapter for a definition of foster children.) Certain Earned Income of Full-Time Students
Earnings in excess of $480 for each full-time student 18 years old or older (except for the head or spouse) are not counted [24 CFR 5.609(c)(11)]. To be considered “full-time,” a student must be considered “fulltime” by an educational institution with a degree or certificate program [HCV GB, p. 5-29].

Income of a Live-in Aide
Income earned by a live-in aide, as defined in [24 CFR 5.403], is not included in annual income [24 CFR

5.609(c)(5)]. (See Eligibility chapter for a full discussion of live-in aides.) Income Earned under Certain Federal Programs
Income from some federal programs is specifically excluded from consideration as income [24 CFR

5.609(c)(17)], including:

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• Payments to volunteers under the Domestic Volunteer Services Act of 1973 (42 U.S.C. 5044(g), 5058)
• Awards under the federal work-study program (20 U.S.C. 1087) • Payments received from programs funded under Title V of the Older Americans Act of 1985 (42 U.S.C. 3056(f))
• Allowances, earnings, and payments to AmeriCorps participants under the National and Community Service Act of 1990 (42 U.S.C. 12637(d))
• Allowances, earnings, and payments to participants in programs funded under the Workforce Investment Act of 1998 (29 U.S.C. 2931)

STATE AND LOCAL EMPLOYMENT TRAINING PROGRAMS
Incremental earnings and benefits to any family member resulting from participation in qualifying state or local employment training programs (including training programs not affiliated with a local government). Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives and are excluded only for the period during which the family member participates in the training program [24 CFR 5.609(c)(8)(v)].

The TBRA Program Case Manager defines training program as “a learning process with goals and objectives, generally having a variety of components, and taking place in a series of sessions over a period to time. It is designed to lead to a higher level of proficiency, and it enhances the individual’s ability to obtain employment. It may have performance standards to measure proficiency. Training may include, but is not limited to:
• classroom training in a specific occupationalskill,
• on-the-job training with wages subsidized by the program, or • basic education” [expired Notice PIH 98-2, p. 3].

End of participation in a training program must be reported in accordance with the TBRA Program Case Manager's interim reporting requirements.

HUD-FUNDED TRAINING PROGRAMS
Amounts received under training programs funded in whole or in part by HUD [24 CFR 5.609(c)(8)(i)] are excluded from annual income. Eligible sources of funding for the training include operating subsidy, Section 8 administrative fees, and modernization, Community Development Block Grant (CDBG), HOME program, and other grant funds received from HUD.

To qualify as a training program, the program must meet the definition of training program provided above for state and local employment training programs.

EARNED INCOME TAX CREDIT
Earned income tax credit (EITC) refund payments received on or after January 1, 1991 (26 U.S.C. 32(j)), are excluded from annual income [24 CFR 5.609(c)(17)]. Although many families receive the EITC annually when they file taxes, an EITC can also be received throughout the year. The prorated share of the annual EITC is included in the employee’s payroll check.

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Earned Income Disallowance for Persons with Disabilities [24 CFR 92.203(d)(3), 24 CFR 5.617] The earned income disallowance (EID) encourages people with disabilities to enter the work force by not including the full value of increasesin earned income for a period of time. Eligibility criteria and limitations on the disallowance are summarized below.

Eligibility
This disallowance applies only to individuals in families already participating in the TBRA program (not at initial examination). To qualify, the family must experience an increase in annual income that is the result of one of the following events:
• Employment of a family member who is a person with disabilities and who was previously unemployed for one or more years prior to employment. Previously unemployed includes a person who annually has earned not more than the minimum wage applicable to the community multiplied by 500 hours. The applicable minimum wage isthe federal minimum wage unlessthere is a higher state or local minimum wage.
• Increased earnings by a family member who is a person with disabilities and whose earnings increase during participation in an economic self-sufficiency or job-training program. A selfsufficiency program includes a program designed to encourage, assist, train, or facilitate the economic independence of HUD-assisted families or to provide work to such families [24 CFR

5.603(b)].
• New employment or increased earnings by a family member who is a person with disabilities and who has received benefits or services under Temporary Assistance for Needy Families (TANF) or any other state program funded under Part A of Title IV of the Social Security Act within the past six months. If the benefits are received in the form of monthly maintenance, there is no minimum amount. If the benefits or services are received in a form other than monthly maintenance, such as one-time payments, wage subsidies, or transportation assistance, the total amount received over the six-month period must be at least $500.

Calculation of the Disallowance
Calculation of the earned income disallowance for an eligible member of a qualified family begins with a comparison of the member’s current income with his or her “prior income.” The TBRA Program Case Manager defines prior income, or prequalifying income, as the family member’s last certified income prior to qualifying for the EID.

The family member’s prior, or prequalifying, income remains constant (as a baseline) throughout the period that he or she is participating in the EID.

Initial 12-Month Exclusion
During the initial 12-month exclusion period, the full amount (100 percent) of any increase in income attributable to new employment or increased earnings is excluded. The 12 months are cumulative and need not be consecutive.

The initial EID exclusion period will begin on the first of the month following the date an eligible member of a qualified family is first employed or first experiences an increase in earnings.

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Second 12-Month Exclusion and Phase-In
During the second 12-month exclusion period, the exclusion isreduced to half (50 percent) of any increase in income attributable to employment or increased earnings. The 12 months are cumulative and need not be consecutive.

Lifetime Limitation
The EID has a four-year (48-month) lifetime maximum. The four-year eligibility period begins at the same time that the initial exclusion period begins and ends 48 months later. The one-time eligibility for the EID applies even if there are breaks in assistance.

During the 48-month eligibility period, the TBRA Program Case Manager will schedule and conduct an interim reexamination each time there is a change in the family member’s annual income that affects or is affected by the EID (e.g., when the family member’s income falls to a level at or below his/her prequalifying income, when one of the exclusion periods ends, and at the end of the lifetime maximum eligibility period).

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The TBRA Program Case Manager must verify all information that is used to establish the family’s eligibility and level of assistance and is required to obtain the written authorization from the family in order to collect the information. Applicants and program participants must cooperate with the verification process as a condition of receiving assistance. The TBRA Program will not pass on the cost of verification to the family.

Verification policies, rules and procedures will be modified as needed to accommodate persons with disabilities. All information obtained through the verification process will be handled in accordance with the records management policies of the City of Corona and the TBRA Program. [24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230]

GENERAL VERIFICATION REQUIREMENTS
Family Consent to Release of Information
The family must supply any information that the TBRA Program or HUD determines is necessary to the administration of the program and must consent to the TBRA Program verification of that information [24 CFR 982.551].

Consent Forms
It is required that all adult applicants and participants sign form HUD-9886, Authorization for Release of Information. The purpose of form HUD-9886 is to facilitate automated data collection and computer matching from specific sources and provides the family's consent only for the specific purposes listed on the form. HUD and the TBRA Program may collect information from public and privet sources and current and former employers of adult family members. Only HUD is authorized to collect information directly from the Internal Revenue Service (IRS) and the Social Security Administration (SSA). Adult family members must sign other consent forms as needed to collect information relevant to the family’s eligibility and level of assistance.

Penaltiesfor Failing to Consent
If any family member who is required to sign a consent form fails to do so, the TBRA Program will deny admission to applicants and terminate assistance of participants. The family may request an informal review (applicants) or informal hearing (participants) in accordance with TBRA Program procedures. [24 CFR 5.232]
Each of the verification methods is discussed in subsequent sections below.

Requirementsfor Acceptable Documents
Any documents used for verification must be the original (not photocopies) and generally must be dated within 60 days of the date they are provided to TBRA Program. The documents must not be damaged, altered or in any way illegible.

Print-outs from Web pages are considered original documents (source documents). The TBRA Program Case manager must make a photocopy, annotate the copy with the name of the person who provided the document and the date the original was viewed, and sign the copy.

Any self-certifications must be made in a format acceptable to TBRA Program and must be signed in the presence of a notary public or a TBRA Program representative if a notary public is not available.

EXHIBIT 3: VERIFICATION
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File Documentation
The TBRA Program Case Manager must document in the file how the figures used in income and rent calculations were determined. All verification attempts, information obtained, and decisions reached during the verification process will be recorded in the family’s file in sufficient detail to demonstrate that the TBRA Program Case Manager has followed all of the verification policies set forth in these guidelines.

The record should be sufficient to enable a staff member or HUD reviewer to understand the process followed and conclusions reached.

The TBRA Program Case Manager will document, in the family’s file, the following:
• Reported family annual income
• Value of assets
• Expensesrelated to deductions from annual income
• Other factors influencing the adjusted income or income-based rent determination When the TBRA Program Case Manager is unable to obtain third-party verification, the TBRA Program will document in the family’s file the reason that third-party verification was not available [24 CFR 982.516(a)(2)].

UP‐FRONT INCOME VERIFICATION (UIV)
Up-front income verification (UIV) refers to the TBRA Program use of the verification tools available from independent sources that maintain computerized information about earnings and benefits. UIV will be used to the extent that these systems are available to the TBRA Program Case Manager.

There may be legitimate differences between the information provided by the family and UIV-generated information. If the family disputes the accuracy of UIV data, no adverse action can be taken until the TBRA Program Case Manager has independently verified the UIV information and the family has been granted an opportunity to contest any adverse findings through the informal review/hearing process of the TBRA Program.

The Contractor and Oversight Committee will research the feasibility of using the following UIV verification process:

The TBRA Program will inform all applicants and participants of its use of the following UIV resources during the admission and reexamination process:
• The Work Number
• Verify today.com
• Verifydirect.com
• Past-Employ.com
THIRD‐PARTY WRITTEN AND ORAL VERIFICATION
HUD defines two types of written third-party verification. The more preferable form, “written third-party verification,” consists of an original document generated by a third-party source, which may be received directly from a third-party source or provided to the TBRA Program Case Manager by the family. If written third-party verification is not available, the TBRA Program must attempt to obtain a “written third-party verification form.” This is a standardized form used to collect information from a third party.

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Written Third-Party Verification
Written third-party verification documents must be original and authentic and may be supplied by the family or received from a third-party source. Examples of acceptable participant-provided documents include, but are not limited to: pay stubs, payroll summary reports, employer notice or letters of hire and termination, SSA benefit verification letters, bank statements, child support payment stubs, welfare benefit letters and/or printouts, and unemployment monetary benefit notices.

The TBRA Program Case Manager is required to obtain, at minimum, two months of current and consecutive pay stubs for determining annual income from wages.

The TBRA Program Case Manager may reject documentation provided by the family if the document is not an original, if the document appearsto be forged, or if the document is altered, mutilated, or illegible.

Third-party documents provided by the family must be dated within 60 days of the TBRA Program Case Manager request date.

If the TBRA Program determines that third-party documents provided by the family are not acceptable, the TBRA Program will explain the reason to the family and request additional documentation.

As verification of earned income, the TBRA Program Case Manager will require the family to provide the two months of the most current, consecutive pay stubs.

Written Third-Party Verification Form
When upfront verification is not available and the family is unable to provide written third-party documents, the TBRA Program must request a written third-party verification form. HUD’s position is that this traditional third-party verification method presents administrative burdens and risks which may be reduced through the use of family-provided third-party documents.

The TBRA Program may mail, fax, or e-mail third-party written verification form requests directly to thirdparty sources.

PRIMARY DOCUMENTS
Third-party verification is not required when legal documents are the primary source, such as a birth certificate or other legal documentation of birth.

IMPUTED ASSETS
The TBRA Program will accept a self-certification from the family as verification of assets disposed of for less than fair market value.

SELF‐CERTIFICATION
Self-certification, or “tenant declaration”, is used as a last resort when the TBRA Program Case Manager is unable to obtain third-party verification to verify that the family does not receive a particular type of income or benefit.

The self-certification must be made in a format acceptable to the TBRA Program Case Manager and must be signed by the family member whose information or status is being verified.

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VERIFYING FAMILY INFORMATION
Verification of Legal Identity
The TBRA PROGRAM will require families to furnish verification of legal identity for each household member.

Verification of Legal Identity
for Adults
Verification of Legal Identity
for Children
Certificate of birth, naturalization papers
Church issued baptismal certificate
Current, valid driver'slicense or Department of
Motor Vehicles identification card
U.S. military discharge (DD 214)
Current U.S. passport
Current Employer identification card
Certificate of birth
Adoption papers
Custody agreement
Health and Human ServicesID
Certified school records
If a document submitted by a family is illegible for any reason or otherwise questionable, more than one of these documents may be required.

If none of these documents can be provided, and at the TBRA Program Case Manager’s discretion, a third party who knows the person may attest to the person’s identity. The certification must be provided in a format acceptable to the TBRA Program Case Manager and be signed in the presence of a notary public.

Legal identity will be verified for all applicants at the time of eligibility determination and in cases where the TBRA Program Case Manager has reason to doubt the identity of a person representing him or herself to be a participant.

Social Security Numbers
The family must provide documentation of a valid social security number (SSN) for each member of the household, with the exception of individuals who do not contend eligible immigration status. [24 CFR

5.216]
The TBRA Program Case Manager must accept the following documentation as acceptable evidence of the social security number:
• An original SSN card issued by the Social Security Administration (SSA) • An original SSA-issued document, which contains the name and SSN of the individual DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

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• An original document issued by a federal, state, or local government agency, which contains the name and SSN of the individual, along with other identifying information of the individual • Such other evidence of the SSN as HUD may prescribe in administrative instructions The TBRA Program Case Manager may only reject documentation of an SSN provided by an applicant or participant if the document is not an original document or if the original document has been altered, mutilated, is illegible, or appears to be forged.

The TBRA Program Case Manager will explain to the applicant or participant the reasons the document is not acceptable and request that the individual obtain and submit acceptable documentation of the SSN to the TBRA Program Case Manager within 90 days.

When a participant requests to add a new household member who is at least 6 years of age, or who is under the age of 6 and has an SSN, the participant must provide the complete and accurate SSN assigned to each new member at the time of reexamination or recertification, in addition to the documentation required to verify it. The TBRA Program Case Manager may not add the new household member untilsuch documentation is provided.

When a participant requests to add a new household member who is under the age of 6 and has not been assigned an SSN, the participant must provide the SSN assigned to each new child and the required documentation within 90 calendar days of the child being added to the household. A 90-day extension will be granted if the TBRA Program Case Manager determines that the participant’s failure to comply was due to unforeseen circumstances and was outside of the participant’s control. During the period the TBRA Program Case Manager is awaiting documentation of the SSN, the child will be counted as part of the assisted household.

The TBRA Program Case Manager will grant one additional 90-day extension if needed for reasons beyond the participant’s control such as delayed processing of the SSN application by the SSA, natural disaster, fire, death in the family, or other emergency.

Social security numbers must be verified only once during continuously-assisted occupancy.

The TBRA Program Case Manager will verify each disclosed SSN by:
• Obtaining documentation from applicants and participantsthat is acceptable as evidence ofsocial security numbers
• Making a copy of the original documentation submitted, returning it to the individual, and retaining a copy in the file folder
Documentation of Age
A birth certificate or other official record of birth is the preferred form of age verification for all family members. For elderly family members an original document that provides evidence of the receipt ofsocial security retirement benefits is acceptable.

If an official record of birth or evidence of social security retirement benefits cannot be provided, the TBRA Program Case Manager willrequire the family to submit other documentsthatsupport the reported DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632

TBRA Program Guidelines 57 City of Corona
age of the family member (e.g., school records, driver's license if birth year is recorded) and to provide a self-certification.

Age must be verified only once during continuously-assisted occupancy.

FAMILY RELATIONSHIPS
Applicants and program participants are required to identify the relationship of each household member to the head of household. Definitions of the primary household relationships are provided in the Exhibit 1: Definitions of Family and Household Members.

Family relationships are verified only to the extent necessary to determine a family’s eligibility and level of assistance. Certification by the head of household normally is sufficient verification of family relationships.

Marriage
Certification by the head of household is normally sufficient verification. If the TBRA Program Case Manager has reasonable doubts about a marital relationship, the TBRA Program Case Manager will require the family to document the marriage.

A marriage certificate generally is required to verify that a couple is married.

In the case of a common law marriage, the couple must demonstrate that they hold themselves to be married (e.g., by telling the community they are married, calling each other husband and wife, using the same last name, filing joint income tax returns).

Separation or Divorce
Certification by the head of household is normally sufficient verification. If the TBRA Program Case Manager has reasonable doubts about a separation or divorce, the TBRA Program Case Manager will require the family to provide documentation of the divorce, or separation.

A certified copy of a divorce decree, signed by a court officer, is required to document that a couple is divorced.

A copy of a court-ordered maintenance or other court record is required to document a separation.

If no court document is available, documentation from a community-based agency will be accepted.

Absence of Adult Member
If an adult member who was formerly a member of the household is reported to be permanently absent, the family must provide evidence to support that the person is no longer a member of the family (e.g., documentation of another address at which the person resides such as a lease or utility bill).

Foster Children and Foster Adults
Third-party verification from the state or local government agency responsible for the placement of the individual with the family is required.

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VERIFICATION OF STUDENT STATUS
General Requirements
The TBRA Program requires families to provide information about the student status of all students who are 18 years of age or older. This information will be verified only if:
• The family reports full-time student status for an adult other than the head or spouse. • The family reports child care expensesto enable a family memberto further his or her education. • The family includes a student enrolled in an institution of higher education.

DOCUMENTATION OF DISABILITY
The TBRA Program Case Manager must verify the existence of a disability in order to allow certain income disallowances and deductions from income. The TBRA Program Case Manager is not permitted to inquire about the nature or extent of a person’s disability [24 CFR 100.202(c)]. The TBRA Program Case Manager may not inquire about a person’s diagnosis or details of treatment for a disability or medical condition. If the Program Case Manager receives a verification document that provides such information, the TBRA Program Case Manager will not place this information in the tenant file. Under no circumstances will the TBRA Program Case Manager request a participant’s medical record(s). For more information on health care privacy laws, see the Department of Health and Human Services’ website at http://www.hhs.gov/ocr/privacy/.

The above cited regulation does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they are persons with disabilities:
• Inquiry into an applicant’s ability to meet the requirements of Ownership or tenancy • Inquiry to determine whether an applicant is qualified for a dwelling available only to persons with disabilities or to persons with a particular type of disability • Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with disabilities or to persons with a particular type of disability • Inquiring whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance
• Inquiring whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance

FAMILY MEMBERS RECEIVING SSA DISABILITY BENEFITS
Verification of the receipt of disability benefits from the Social Security Administration (SSA) is sufficient verification of disability for the purpose of qualifying for waiting list preferences (if applicable) or certain income disallowances and deductions.

If the family is unable to provide the document(s), the TBRA Program Case Manager will ask the family to request a benefit verification letter by either calling SSA at 1-800-772-1213, or by requesting it from www.ssa.gov. Once the applicant or participant receives the benefit verification letter, they will be required to provide it to the TBRA Program Case Manager.

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FAMILY MEMBERS NOT RECEIVING SSA DISABILITY BENEFITS
Receipt of veteran’s disability benefits, worker’s compensation, or other non-SSA benefits based on the individual’s claimed disability are not sufficient verification that the individual meets HUD’s definition of disability in 24 CFR 5.603.

For family members claiming disability who do not receive disability benefits from the SSA, a knowledgeable professional must provide third-party verification that the family member meets the HUD definition of disability. The knowledgeable professional will verify whether the family member does or does not meet the HUD definition.

CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS
Housing assistance is not available to persons who are not citizens, nationals, or eligible immigrants. [24 CFR 5.508]
The family must provide a certification that identifies each family member as a U.S. citizen, a U.S. national, or an eligible noncitizen and submit the documents discussed below for each family member. Once eligibility to receive assistance has been verified for an individual it need not be collected or verified again during continuously-assisted occupancy [24 CFR 5.508(g)(5)].

U.S. Citizens and Nationals
HUD requires a declaration for each family member who claims to be a U.S. citizen or national. The declaration must be signed personally by any family member 18 or older and by a guardian for minors.

The TBRA Program Case Manager may request verification of the declaration by requiring presentation of a birth certificate, United States passport or other appropriate documentation.

Family members who claim U.S. citizenship or national status will not be required to provide additional documentation unless the TBRA Program Case Manager receives information indicating that an individual’s declaration may not be accurate.

Eligible Immigrants
All family members claiming eligible immigration status must declare their status in the same manner as U.S. citizens and nationals. The documentation required for eligible noncitizens varies depending upon factors such as the date the person entered the U.S., the conditions under which eligible immigration status has been granted, age, and the date on which the family began receiving HUD-funded assistance.

For family members age 62 or older who claim to be eligible immigrants, proof of age is required in the manner described in the ‘documentation of age’ section of this plan. No further verification of eligible immigration status is required.

For family members under the age of 62 who claim to be eligible immigrants, the TBRA Program Case Manager must verify immigration status with the United States Citizenship and Immigration Services (USCIS). The TBRA Program Case Manager will follow all USCIS protocols for verification of eligible immigration status.

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ACCEPTABLE CITIZENSHIP DOCUMENTATION
U.S. Birth Certificate U.S. Certificate of Naturalization U.S. Certificate of Birth abroad issued by the U.S.

State Department
American Indian Card
Certificate of Birth abroad issued Department of
the State
Current DDI or SSDI Award Letter
United States Passport Bureau of Indian Affairs or Tribal Affidavit of Birth A Foreign Passport with a United States VISA A Tribal Certificate of Indian Blood or Native American Census Record
I-97 Form with photographs U.S. Citizen Identification Card Permanent Resident Card Identification Card for Use of Resident Citizen in the United States
Verification from USCIS U.S. Department of Justice Certificate of Citizenship
Refugee Travel Document Identification Card for use of Resident Citizen Northern Mariana ID Alien Registration Receipt Card
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VERIFYING INCOME AND ASSETS
This section describes in detail the types of income that are included and excluded and how assets and income from assets are handled. Any assets and income reported by the family must be verified. This section provides the TBRA Program policiesthat supplement the general verification procedures specified in this section.

EARNED INCOME
Tips
Unless tip income is included in a family member’s W-2 by the employer, persons who work in industries where tips are standard will be required to sign a certified estimate of tips received for the prior year and tips anticipated to be received in the coming year.

Wages
For wages other than tips, the family must provide originals of the two months of most current, consecutive pay stubs.

Business and Self-Employment Income
Business Owners and self-employed persons will be required to provide:
• An audited financial statement for the previous fiscal year if an audit was conducted. If an audit was not conducted, a statement of income and expenses must be submitted and the business Owner or self-employed person must certify to its accuracy. • All schedules completed for filing federal and local taxes in the preceding year. • If accelerated depreciation was used on the tax return or financial statement, an accountant's calculation of depreciation expense, computed using straight-line depreciation rules.

The TBRA Program Case Manager will provide a format for any person who is unable to provide such a statementto record income and expensesforthe coming year. The business Owner/self-employed person will be required to submit the information requested and to certify to its accuracy at all future reexaminations.

At any reexamination the TBRA Program Case Manager may request documents that support submitted financial statements such as manifests, appointment books, cash books, or bank statements.

If a family member has been self-employed less than three (3) months, the TBRA Program Case Manager will accept the family member's certified estimate of income and schedule an interim reexamination in three (3) months. If the family member has been self-employed for three (3) to twelve (12) months the TBRA Program Case Manager will require the family to provide documentation of income and expenses for this period and use that information to project income.

PERIODIC PAYMENTS AND PAYMENTS IN LIEU OF EARNINGS
Social Security/SSI Benefits
To verify the SS/SSI benefits of applicants, the TBRA Program Case Manager will request a current (dated within the last 60 days) SSA benefit verification letter from each family member that receives Social Security benefits. If the family is unable to provide the document(s), the TBRA Program Case Manager will help the applicant request a benefit verification letter from SSA’s Website at www.ssa.gov or ask the family to request it by calling SSA at 1-800-772-1213. Once the applicant has received the benefit verification letter, they will be required to provide it to the TBRA Program Case Manager.

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TBRA Program Guidelines 62 City of Corona
Alimony or Child Support
The methodsthe TBRA Program Case Manager will use to verify alimony and child support payments differ depending on whether the family declares that it receives regular payments.

If the family declares that it receives regular payments, verification will be obtained in the following order of priority:
• Copies of the receipts and/or paymentstubsforthe 60 days prior to TBRA Program Case Manager request.
• Third-party verification form from the state or local child support enforcement agency • Third-party verification form from the person paying the support Family’s self-certification of amount received.

Retirement Accounts
The TBRA Program Case Manager will accept written third-party documents supplied by the family as evidence of the status of retirement accounts.

Type of original document that will be accepted depends upon the family member’s retirement status:
• Before retirement, the TBRA Program Case Manager will accept an original document from the entity holding the account with a date that shows it is the most recently scheduled statement for the account but in no case earlier than 6 months from the effective date of the examination. • Upon retirement, the TBRA Program Case Manager will accept an original document from the entity holding the account that reflects any distributions of the account balance, any lump sums taken and any regular payments.
• After retirement, the TBRA Program Case Manager will accept an original document from the entity holding the account dated no earlier than 12 months before that reflects any distributions of the account balance, any lump sums taken and any regular payments.

Zero Annual Income Status
The TBRA Program Case Manager will check UIV sources and/or request information from third-party sourcesto verify that certain forms of income such as unemployment benefits, TANF, SS, SSI, and earnings are not being received by families claiming to have zero annual income.

Student Financial Assistance
Any financial assistance, in excess of amounts received for tuition, that a person attending an institution of higher education receives under the Higher Education Act of 1965, from private sources, or from an institution of higher education must be considered income unless the student is over the age of 23 with dependent children or is residing with parents who are seeking or receiving assistance [24 CFR 5.609(b)(9) and FR 4/10/06].

Forstudents overthe age of 23 with dependent children orstudentsresiding with parents who are seeking or receiving assistance, the full amount ofstudent financial assistance is excluded from annual income [24 CFR 5.609(c)(6)]. The full amount of student financial assistance is also excluded for students attending schools that do not qualify as institutions of higher education (as defined in Exhibit 3-2). Excluded amounts are verified only if, without verification, the TBRA PROGRAM would not be able to determine whether or to what extent the income is to be excluded.

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TBRA Program Guidelines 63 City of Corona
For a student subject to having a portion of his/her student financial assistance included in annual income in accordance with 24 CFR 5.609(b)(9), the TBRA Program Case Manager will request written third-party verification of both the source and the amount. Family provided documents from the educational institution attended by the student will be requested, as well as documents generated by any other person or entity providing such assistance, as reported by the student.

In addition, the TBRA Program Case Manager will request written verification of the student’s tuition amount.

VERIFYING MANDATORY DEDUCTIONS
Dependent and Elderly/Disabled Household Deductions
The dependent and elderly/disabled family deductions require only that the TBRA Program Case Manager verify that the family members identified as dependents or elderly/disabled persons meet the statutory definitions. No further verifications are required.

Dependent Deductions
The TBRA Program Case Manager will verify that:
• Any person under the age of 18 for whom the dependent deduction is claimed is not the head or spouse of the family and is not a foster child
• Any person age 18 or older for whom the dependent deduction is claimed is not a foster adult or live-in aide, and is a person with a disability or a full-time student Elderly/Disabled Family Deductions
The TBRA Program Case Manager will verify that the head of household or spouse is 62 years of age or older or a person with disabilities.

Medical Expense Deductions
Medical expenses will be verified through:
• Written third-party documents provided by the family, such as pharmacy printouts or receipts. • The TBRA Program Case Manager will make a best effort to determine what expenses from the past are likely to continue to occur in the future. The TBRA Program Case Manager will also accept evidence of monthly payments or total paymentsthat will be due for medical expenses during the upcoming 12 months.
• Written third-party verification forms, if the family is unable to provide acceptable documentation.
• If third-party or document review is not possible, written family certification as to costs anticipated to be incurred during the upcoming 12 months In addition, the TBRA Program Case Manager must verify that:
• The household is eligible for the deduction.
• The costs to be deducted are qualified medical expenses. • The expenses are not paid for or reimbursed by any other source. • Costs incurred in past years are counted only once.

DocuSign Envelope ID: E840B28C-D0B3-4F46-8936-2C5D67B33B1E DocuSign Envelope ID: 49B4D71B-076A-445F-A6D1-17CED1334632