Agenda packet — Costa Mesa City Council, June 20, 2023 (part 3 of 4)

426
File #: 23-1271 Meeting Date: 6/20/2023
been used for market compensation studies in the past.

The Maintenance Supervisor, Maintenance Superintendent and Maintenance Services Manager are

13.6%, 18.7%, 24.9% below market, respectively, and the salary ranges for these positions are recommended for adjustment to the market (i.e. average) accordingly.

Human Resources is currently reviewing CMCEA’s 2023 classification and compensation review requests and will bring forth staff recommendations for those positions at a future City Council meeting.

ALTERNATIVES:

The City Council may choose not to approve the recommended action(s) and direct staff accordingly.

FISCAL REVIEW:

To ensure consistency with the current labor market and reduce costly employee attrition and turnover, Staff recommends adjusting the salary ranges for these positions to essentially the average level in the market. The Maintenance Superintendent impact is $30,081, Maintenance Supervisor is $19,870, and the Maintenance Services Manager is $52,350. The City has three Maintenance Superintendents, five Maintenance Supervisors, and one Maintenance Services Manager; for a total of 9 positions that will be impacted. The fully burdened annual impact for the 9 positions is estimated at $241,949 and will be absorbed within the Public Work’s Department’s annual budget.

LEGAL REVIEW:

The City Attorney’s Office has reviewed the attached resolutions and approved them as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goals:
· Recruit and Retain High Quality Staff
CONCLUSION:

Staff recommends the City Council:

1. Adopt Resolution Number 2023-XX revising the pay ranges for designated classifications represented by the Costa Mesa City Employees Association.

2. Adopt Resolution Number 2023-XX revising the pay ranges for designated classifications represented by the Costa Mesa Division Manager Association.

Page 2 of 2 ends

427
ATTACHMENT 1

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTIONS NO. 2022-69, 2022-70, 202 2-71 TO

REVISE THE PAY RANGES FOR VAR IOUS CLASSIFICATIONS OF EMPLOYEES REPRESENTED BY THE COSTA MESA CITY EMPLOYEES ASSOCIATION.

THE CITY COUNCIL OF THE CITY OF COSTA MESA , CALIFORNIA HEREBY FINDS, DETERMINES, AND DECLARES AS FOLLOWS:

WHEREAS, on November 15, 2022, the City Council adopted Resol utions No. 2022-69, 202 2-70, and 2022-71 r evising the pay ranges for job classifications represented by the Costa Mesa City Employees Association; and WHEREAS, on March 21, 2023, the City Council adopted Resolution 2023 -15 amending Resolutions No. 2022-69, 2022-70, and 2022-71 approving updates to various classifications; and
WHEREAS, on June 6, 2023, the City Council adopted Resolution 2023 -27 to establish the n ew job classifications of Animal Services Supervisor and Cyber Security Analyst and to establish the pay ranges for the new classifications; and WHEREAS, the City Council desires to amend Resolutions 2022-69, 2022-70 and 2022-71 to revise the pay ranges for the classifications specified herein.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa as follows:

SECTION 1. The following pay ranges and monthly rates of pay for the identified job classificat ions are hereby established and placed under the Basic Salary Administration Plan effective the pay period that includes January 1, 2023. The monthly rate of pay may also be in increments between the monthly minimum and maximum pay step.

Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0412 Maintenance Superintendent 881 $8,937 $9,384 $9,853 $10,346 $10,863 $11,406 $11,976 Monthly $107,244 $112,608 $118,236 $124,152 $130,356 $136,872 $143,712 Annual $51.56 $54.14 $56.84 $59.69 $62.67 $65.80 $69.09 Hourly

0406 Maintenance Supervisor 670 $7,400 $7,770 $8,158 $8,566 $8,994 $9,444 $9,916 Monthly $88,800 $93,240 $97,896 $102,792 $107,928 $113,328 $118,992 Annual $42.69 $44.83 $47.07 $49.42 $51.89 $54.48 $57.21 Hourly

428
ATTACHMENT 1

SECTION 2. The following pay ranges and monthly rates of pay for the identified job classifications are hereby established and placed under the Basic Salary Administration Plan effective the pay period that includes July 1, 2023. The monthly rate of pay may also be in increments between the monthly minimum and maximum pay step.

Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0412 Maintenance Superintendent 881 $9,206 $9,666 $10,149 $10,656 $11,189 $11,748 $12,335 Monthly $110,472 $115,992 $121,788 $127,872 $134,268 $140,976 $148,020 Annual $53.11 $55.77 $58.55 $61.48 $64.55 $67.78 $71.16 Hourly

0406 Maintenance Supervisor 670 $7,622 $8,003 $8,403 $8,823 $9,264 $9,727 $10,213 Monthly $91,464 $96,036 $100,836 $105,876 $111,168 $116,724 $122,556 Annual $43.97 $46.17 $48.48 $50.90 $53.45 $56.12 $58.92 Hourly

SECTION 3. The following pay ranges and monthly rates of pay for the identified job classifications are hereby established and placed under the Basic Salary Administration Plan effective the pay period that includes July 1, 2024. The monthly rate of pay may also be in increments between the monthly minimum and maximum pay step.

Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0412 Maintenance Superintendent 881 $9,480 $9,954 $10,452 $10,975 $11,524 $12,100 $12,705 Monthly $113,760 $119,448 $125,424 $131,700 $138,288 $145,200 $152,460 Annual $54.69 $57.43 $60.30 $63.32 $66.48 $69.81 $73.30 Hourly

0406 Maintenance Supervisor 670 $7,850 $8,242 $8,654 $9,087 $9,541 $10,018 $10,519 Monthly $94,200 $98,904 $103,848 $109,044 $114,492 $120,216 $126,228 Annual $45.29 $47.55 $49.93 $52.43 $55.04 $57.80 $60.69 Hourly

SECTION 3. Except as modified by this Resolution, Resolutions No. 2022-69, 2022-70, 2022-71, 2023-15 and 2023-27 shall remain in full force and effect.

PASSED AND ADOPTED this 20th day of June, 2023.

______________________________
John Stephens, Mayor

429
ATTACHMENT 1

ATTEST: APPROVED AS TO FORM:

______________________________ ______________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )

I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2023-XX and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 20th day of June, 2023, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 21st day of June, 2023.

__________________________
Brenda Green, City Clerk

(SEAL)

430
ATTACHMENT 2

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION NO. 2023-10 ESTABLISHING NEW

CLASSIFICATIONS AND REVISING THE PAY RANGES FOR MAINTENANCE

SERVICE MANAGER CLASSIFICATION REPRESENTED BY THE COST A MESA DIVISION MANAGERS ASSOCIATION.

THE CITY COUNCIL OF THE CITY OF COSTA MESA , CALIFORNIA HEREBY FINDS, DETERMINES, AND DECLARES AS FOLLOWS:

WHEREAS, on March 21, 2023, the City Council adopted Resolution No. 2023-10 revising the pay ranges for job classifications represented by the Costa Mesa City Division Managers Association; and
WHEREAS, on March 21, 2023, the City Council adopted Resolution No. 2023-14 establishing the new classifications and salary ranges for Deputy Director of Public Works and Planning and Sustainable Development Manager; and WHEREAS, the City Council desires to revise the pay ranges for Maintenance Services Manager; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa as follows:

SECTION 1. The following pay ranges and monthly rates of pay for the identified job classifications are hereby established and placed under the Basic Salary Administration Plan effective the pay period that includes January 1, 2023. The monthly rate of pay may also be in increments between the monthly minimum and maximum pay step.

Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0451 Maintenance Services 733 $10,990 $11,539 $12,116 $12,722 $13,358 $14,026 $14,727 Monthly Manager $131,880 $138,468 $145,392 $152,664 $160,296 $168,312 $176,724 Annual $63.40 $66.57 $69.90 $73.40 $77.07 $80.92 $84.96 Hourly

431
ATTACHMENT 2

Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0451 Maintenance Services 733 $11,539 $12,116 $12,722 $13,358 $14,026 $14,727 $15,463 Monthly Manager $138,468 $145,392 $152,664 $160,296 $168,312 $176,724 $185,556 Annual $66.57 $69.90 $73.40 $77.07 $80.92 $84.96 $89.21 Hourly

SECTION 4. Except as modified by this Resolution, Resolutions No. 2023-10 and 2023-14 shall remain in full force and effect.

PASSED AND ADOPTED this 20th day of June, 2023.

______________________________
John Stephens, Mayor

432
ATTACHMENT 2

ATTEST: APPROVED AS TO FORM:

______________________________ ______________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 21st day of June, 2023.

__________________________
Brenda Green, City Clerk

(SEAL)

433

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1265 Meeting Date: 6/20/2023
TITLE:

FISCAL YEAR 2022-23 PRELIMINARY UNAUDITED YEAR-END FINANCIAL REPORT DEPARTMENT: FINANCE DEPARTMENT
PRESENTED BY: CAROL MOLINA, FINANCE DIRECTOR
CONTACT INFORMATION: CAROL MOLINA, FINANCE DIRECTOR (714) 754-5243 RECOMMENDATION:

Staff recommends the City Council:

1. Authorize the City Manager, or her designee, to allocate and appropriate Fiscal Year 2022-23, if available, year-end savings as follows:
a. Deposit $1.5 million into the City’s Section 115 Trust to reduce existing pension liabilities;
b. Allocate up to $1.5 million into the Housing Authority Fund for the General Plan Housing Element implementation program; and
c. Appropriate $1.0 million for transfer to the Self Insurance Fund for the Workers’ Compensation program.

2. Transfer actual amounts needed to cover the remaining COVID-19 and winter storm related costs in the Disaster Fund, from the American Rescue Plan Act Fund (ARPA), currently estimated at $500,000.

BACKGROUND:

On June 7, 2022, City Council adopted the Fiscal Year 2022-23 Operating and Capital Improvement Budget for a total of $206.2 million in All Funds. Of this amount, the General Fund revenues totaled $163.6 million and expenditures $163.6 million, a fully balanced budget without the use of reserves or American Rescue Plan Act funds. The FY 2022-23 preliminary unaudited year-end analysis provides a projection of the City’sfinancial position for the fiscal year ending June 30, 2023. The final audited financial statement is normally issued by the end of December. Staff will return to Council with the audited financial reports once the audit is complete. However, the preliminary unaudited analysis reflects a potential $4.0 million surplus at the end of the fiscal year.

Page 1 of 5 ends

434
File #: 23-1265 Meeting Date: 6/20/2023
ANALYSIS:

The FY 2022-23 Amended Budget for General Fund Revenues is now estimated at $175.0 million, versus the adopted amount of $163.6 million. After accounting for projected General Fund expenses of $171.0 million, it is anticipated that for the Fiscal Year ending June 30, 2023, there will be a $4.0 million surplus.

This is due to anticipated increases in General Fund revenues, including sales and use taxes, and transient occupancy tax. This presents the City with the opportunity to use one-time funds to achieve City Council goals and objectives, and fund priority projects.

City Council Goal: Achieve Long-Term Fiscal Sustainability FY 2022-23 Year-End General Fund Estimate
From the most recent preliminary findings, the City’sGeneral Fund year-end preliminary unaudited results for the FY 2022-23, ending on June 30, 2023, are currently showing a positive year-end surplus of approximately $4.0 million. City staff anticipates the financial audit to be finalized by the end of December. Upon the finalization of the Annual Comprehensive Financial Report (ACFR), City staff will present to the City Council the audited year-end report. The table below shows the projected General fund balance on June 30, 2023 as well as staff’srecommendation on where to deposit the anticipated surplus amounts.

Table 1: General Fund Reserves
FY 19/20 FY 20/21 FY 21/22 FY 22/23 YOY
Audited Audited Audited Projected Diff
Committed
Declared Disasters $14,125 $14,125 $14,125 $14,125 $0
Self-Insurance 2,000 2,000 2,000 2,000 -
Economic Reserves 9,000 9,000 9,000 9,000 -
Assigned -
Compensated Absences 5,036 5,920 5,584 5,584 -
Police Retirement 1%
Supplemental 2,365 2,275 1,885 1,885 -
Workers Compensation 1,000 2,000 1,000
Facilities Reserve 2,000 2,000 -
Strategic Plan Project 2,000 2,000 -
Section 115 Trust 1,750 - - 1,500 1,500 Restricted -
Pension and OPEB - 1,778 3,061 3,061 -
Non-spendable 362 965 604 604 -
Unassigned 18,825 17,429 16,517 18,017 1,500
Total Fund Balance $53,463 $53,492 $57,776 $61,776 $4,000 Fund Balance Category
The Fund Balance and Reserves Financial Policy states that the City determined the appropriate

Page 2 of 5 ends

435
File #: 23-1265 Meeting Date: 6/20/2023
The Fund Balance and Reserves Financial Policy states that the City determined the appropriate reserve level for the General Fund to be $55 million. The Fiscal Year 2021-2022 audited financials resulted in an increase of the City’sFund Balance by $4.3 million, bringing the total fund balance for the General Fund to $57.8 million. This amount exceeds City Council’s target by $2.8 million.

The General Fund reserves currently includes $1.0 million assigned for Workers’Compensation to partially fund one Self-Insurance Retention (SIR) claim. The City’sself-insured policy requires that the City cover the first $2.0 million per claim. Amounts in excess of $2.0 million will be covered by the City’sinsurance policy. Staff is recommending City Council assign an additional $1.0 million into the Workers’ Compensation program for a total of $2.0 million.

Section 115 Trust City Council Policy
Concurrent with the City’s continual effort to set aside funds for pension obligations, staff is recommending to implement the City Council policy to deposit up to $1.5 million from potential current year’s projected surplus, if available, into the Section 115 Trust Fund. This policy was adopted by the City Council on June 7, 2022.

City Council Goal: Diversify, Stabilize and Increase Housing to Reflect Community Needs Sixth Cycle General Plan Housing Element Program
The State of California requires every city and county to adopt a comprehensive general plan that is “anintegrated, internally consistent, and compatible statement of policies”to address all issues that affect the physical development of the community, as well as land outside its boundaries that potentially affect long-term planning (Government Code Section 65300 et seq.). The role of a general plan is to act as a “constitution”for development, the foundation upon which all land use and related decisions are based.

The Costa Mesa General Plan establishes the long-range planning and policy direction that guides change and preserves the qualities that define our community. The Costa Mesa General Plan consists of 10 elements: Land Use, Circulation, Housing, Conservation, Noise, Safety, Open Space and Recreation, Growth Management, Community Design and Historical and cultural Resources. The City’s 2015-2035 General Plan Housing requires an update every eight years.

The Housing Element provides an analysis of the City’s demographic, economic and housing characteristics, identifies community housing needs and establishes objectives, policies and programs to meet those needs. To remain in compliance with State Housing Law, the City’sHousing Element must respond to various State laws and requirements and must be adopted by City Council and certified by the California State Department of Housing and Community Development.

Within the City’s completed Housing Element are programs that are required to be implemented based on statutory requirements and specific timelines. These programs are consistent with the City Council’sstated priorities and generally include community outreach, visioning and rezoning work to create opportunities for housing. In order to complete these City Council priorities and the Housing Element Programs, staff will be contracting with professional consultants. Consulting costs to be spread over multiple fiscal years, with $700,000 needed in the first year, Fiscal Year 2023-24.

The estimated total cost for the implementation of this Housing Element Program is $3.0 million.

Page 3 of 5 ends

436
File #: 23-1265 Meeting Date: 6/20/2023
The estimated total cost for the implementation of this Housing Element Program is $3.0 million.

Therefore, staff is recommending to transfer between $700,000 and $3 million from the General Fund into the Housing Authority Fund for the Sixth Cycle General Plan Housing Element Program Implementation utilizing current year-end savings, if available.

Federal American Rescue Plan Act (ARPA) Funds
The American Rescue Plan Act (ARPA) of 2021 passed by the United States Congress and signed into law by President Joe Biden on March 11, 2021, is a $1.9 trillion economic stimulus bill providing for a wide variety of funding efforts to offset the economic losses resulting from the COVID-19 worldwide pandemic.

The Disaster Fund was reactivated in February 2020 to track COVID-19 related expenditures. The prior year’sdeficit amount of $664,963 was partially offset by the County reimbursement for being a COVID test site, which of $308,428 has been received this fiscal year. This differential plus current year expenses that occurred prior to February, when the emergency declaration was lifted, resulted in approximately $500,000 in expenses. As of June 30, the American Rescue Plan Fund will have a remaining unallocated balance of $6.1 million from the second tranche of $13.2 million. Staff is recommending the use of ARPA funds to cover the Disaster Fund projected negative year-end fund balance. Should FEMA reimburse the City, the General Fund will be refunded.

ALTERNATIVES:

The alternative is that the City Council may choose to refrain from approving the requested items.

However, staff does not recommend this action as it is counteractive to the city finance policies to increase reserves, pay down liabilities, and fund one-time projects while focusing on Council priorities and complying with the City Council’s goal of achieving long-term fiscal sustainability.

FISCAL REVIEW:

City Council adopted the Fiscal Year 2022-23 Operating and Capital Improvement Budget for a total of $206.2 million in All Funds. Of this amount, the General Fund revenues total $163.6 million and expenditures $163.6 million, a fully balanced budget without the use of reserves or American Rescue Plan Act funds. The FY 2022-23 Preliminary Unaudited Year-End Report provides a projection of the City’sfinancial position for the fiscal year ending June 30, 2023. The preliminary unaudited analysis reflects a potential $4.0 million surplus at the end of the fiscal year. Staff recommends the above allocations based on current operating needs and previously expressed City Council priorities.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this report and approves as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This staff report works toward the following City Council Goal:
· Achieve Long-Term Fiscal Sustainability
· Diversify, Stabilize and Increase Housing to Reflect Community Needs

Page 4 of 5 ends

437
File #: 23-1265 Meeting Date: 6/20/2023
CONCLUSION:

Staff recommends the City Council:

1. Authorize the City Manager, or her designee, to allocate and appropriate Fiscal Year 2022- 23, if available, year-end savings as follows:
a) Deposit $1.5 million into the City’s Section 115 Trust to reduce existing pension liabilities;
b) Allocate up to $1.5 million into the Housing Authority Fund for the General Plan Housing Element implementation program; and,
c) Appropriate $1.0 million for transfer to the Self Insurance Fund for the Workers’ Compensation program.

2. Transfer actual amounts needed to cover the remaining COVID-19 and winter storm related costs in the Disaster Fund, from the American Rescue Plan Act Fund (ARPA), currently estimated at $500,000.

Page 5 of 5 ends

438
City of Costa Mesa
General Fund Overview
Fiscal Year 2022-2023
Adopted Amended*
Category FY 22/23 FY 22/23
Estimated Revenues 163.6$ 175.0$
Transfers In - -
Use of Fund Balance - -
Total Sources of Funds 163.6$ 175.0$
Operating Budget 153.0$ 158.9$
Transfers Out 10.6 12.1
Total Expenditures 163.6$ 171.0$
Total Surplus/(Deficit) -$ 4.0$
*This is an estimate - final audited numbers will not be available until December 2023. 439

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1263 Meeting Date: 6/20/2023
TITLE:

AGREEMENTS FOR HOUSING-RELATED SUPPORTIVE SERVICES IMPLEMENTING THE

PREVIOUSLY-APPROVED HOME-AMERICAN RESCUE PLAN (HOME-ARP) FUNDING

ALLOCATION PLAN
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/ HOUSING

AND COMMUNITY DEVELOPMENT DIVISION
PRESENTED BY: MIKELLE DAILY, GRANT ADMINISTRATOR
CONTACT INFORMATION: MIKELLE DAILY, GRANT ADMINISTRATOR, (714) 754-5678 RECOMMENDATION:

Staff recommends the City Council:

1. Authorize the City Manager and City Clerk to appropriate and execute an agreement funded by HOME-ARP and ARPA funding with Community Legal Aid of Orange County in the amount of $250,000 for a one (1) year term with an additional three (3) year renewal options depending on funding, in substantially the same form as attached and in such final form as approved by the City Attorney.

2. Authorize the City Manager and City Clerk to appropriate and execute an agreement funded by HOME-ARP and ARPA funding with Project Hope Alliance in the amount of $120,000 for a one (1) year term with an additional three (3) year renewal options depending on funding, in substantially the same form as attached and in such final form as approved by the City Attorney.

3. Authorize the City Manager and City Clerk to appropriate and execute an agreement funded by HOME-ARP and ARPA funding with Stand UP for Kids in the amount of $72,348 for a one (1) year term with an additional three (3) year renewal options depending on funding, in substantially the same form as attached and in such final form as approved by the City Attorney.

4. Authorize the City Manager and City Clerk to appropriate and execute an agreement funded by HOME-ARP and ARPA funding with Trellis in the amount of $29,640 for a one (1) year term with an additional three (3) year renewal options at $87,952 depending on funding, in substantially the same form as attached and in such final form as approved by the City Attorney.

5. Authorize the City Manager and the City Clerk to appropriate and execute an amendment to

Page 1 of 7 ends

440
File #: 23-1263 Meeting Date: 6/20/2023

5. Authorize the City Manager and the City Clerk to appropriate and execute an amendment to the existing agreement with Mercy House to add ARPA funding allocated to rental assistance in the FY 23-24 Adopted Budget, plus an additional $750,000 in ARPA funds, to continue to provide rental assistance in the City of Costa Mesa and extend the term of the agreement to December 31, 2024.

6. Authorize the City Manager, or the City Manager’s Designee, to amend the HOME-ARP Allocation Plan to re-allocate $100,000 from Development and Support of Affordable Housing to Supportive Services.

BACKGROUND:

Home American Rescue Plan (HOME-ARP) Funds
On March 11, 2021, the American Rescue Plan Act of 2021 (ARPA) was signed into law. To address the need for homelessness assistance and supportive services, $5 billion in federal ARP funds were appropriated, to be administered through the federal HOME Investment Partnerships Program (HOME). (These funds are referred to as HOME-ARP funds.) On April 8, 2021, the U.S. Department of Housing and Urban Development (HUD) allocated HOME-ARP funds to grantees using the HOME formula established in 24 CFR 92.50 and 92.60. The City of Costa Mesa (City), a Grantee and HOME Participating Jurisdiction, was allocated $1,816,742 in HOME-ARP funds. These funds are different and separate from other ARPA funds allocated to the City and are specifically for homelessness assistance and supportive services that primarily benefit “qualifying populations”.

Qualifying populations are homeless persons and persons at risk of homelessness as defined by HUD. The funds must be expended by September 30, 2030.

American Rescue Plan Act (ARPA)
The American Rescue Plan Act (ARPA) of 2021 passed by the United States Congress and signed into law by President Joe Biden on March 11, 2021, is a $1.9 trillion economic stimulus bill providing for a wide variety of funding efforts to offset the economic losses resulting from the COVID-19 worldwide pandemic. Funds must be committed by December 31, 2024.

Previously-Approved HOME- ARP Allocation Plan
To receive its HOME-ARP funds, the City engaged in consultation and public participation processes to develop a HOME-ARP Allocation Plan that meets the requirements established by HUD. The HOME-ARP Allocation Plan was approved for submission to HUD at the September 6, 2022 City Council meeting. (The September 6, 2022 City Council agenda report, meeting minutes and video are provided as links below). The City received confirmation of approval of the Allocation Plan from the HUD Los Angeles Field Office on January 23, 2023.
· September 6, 2022 Agenda Report:

CITY OF COSTA MESA - File #: 22-799 (legistar.com) <https://costamesa.legistar.com/LegislationDetail.aspx?ID=5809896&GUID=8EBDCC28-698F-4CD4-9C06- 8F0BA0EB940B&Options=&Search=>

Page 2 of 7 ends

441
File #: 23-1263 Meeting Date: 6/20/2023
· September 6, 2022 Meeting Minutes:

View.ashx (legistar.com) <https://costamesa.legistar.com/View.ashx?M=M&ID=980817&GUID=9A7ED08B-F8FB- 4C8C-9BE8-E9A72680D88D>
· September 6, 2022 Video:

REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY on 2022-09-06 6:00 PM - *Note: All agency memberships are reflected in the title "Council Member"4:00 P.M. Closed Session (granicus.com) <https://costamesa.granicus.com/player/clip/3895? view_id=14&redirect=true&h=6cc7cd32743e314412728277ca1e5a15> The City identified in its HOME-ARP Allocation Plan that it would use HOME-ARP funds for the development of affordable housing and housing-related supportive services for qualifying populations as shown in Table 1 below. Supportive services were allocated the majority of HOME-ARP funds, with a small amount allocated to affordable housing as a placeholder in case the City did not receive sufficient proposals for supportive services. (Affordable housing development has been and is being funded by other funding sources such as ARPA, HOME, and Housing Authority funds).

Supportive service gaps identified in the HOME-ARP Allocation Plan include mental health services, substance abuse services, legal services, wrap-around services, transportation services, landlord- tenant relations (including emergency rental assistance) and credit repair.

TABLE 1 - Previously-Approved HOME-ARP Allocation Plan
Eligible Qualifying Populations
Supportive services may be provided to individuals and families who meet the definition of a qualifying population (summarized below) and who are not already receiving these services through another program.

1. Homeless, as defined in 24 CFR 91.5 <https://www.ecfr.gov/current/title-24/subtitle-A/part-91> Homeless (1), (2), or (3).

2. At risk of Homelessness, as defined in 24 CFR 91.5 <https://www.ecfr.gov/current/title- 24/subtitle-A/part-91> At risk of homelessness

Page 3 of 7 ends

442
File #: 23-1263 Meeting Date: 6/20/2023

3. Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking, as defined by HUD. 24 CFR 5.2003 <https://www.ecfr.gov/current/title-24/subtitle-A/part-5/subpart-L/section-5.2003>

4. Other Populations where providing supportive services or assistance under section 212(a) of NAHA (42 U.S.C. 12742(a)) would prevent the family’shomelessness or would serve those with the greatest risk of housing instability. HUD defines these populations as individuals and households who do not qualify under any of the populations above.

In summary, qualifying individuals or families:
· Are already homeless (as defined in Section 103 (a) of the McKinney-Vento Homelessness Assistance Act);
· Have an annual income below 30% of the median income for the area (e.g. $40,650 for a family of 4);
· Do not have resources or support networks immediately available to prevent them from moving into an emergency shelter;
· Do not have permanent housing (e.g. living in a motel or in the home of another, has been provided an eviction notice; or
· Are fleeing domestic violence.

ANALYSIS:

The City’s Purchasing Division released a Request for Proposals (RFP) for Housing-Related Supportive Services on March 27, 2023 (Attachment 1). The RFP was posted on the City’sonline procurement platform (Planet Bids) and notification of its posting was sent to local nonprofit organizations. The City received five proposals that met threshold criteria for consideration.

A panel comprised of City staff reviewed the five submittals. Each proposal was evaluated for compliance with the City’sRFP as well as project understanding, depth of experience, expertise, and associated factors. Staff ranked the proposals accordingly. As the funding is specific to HOME-ARP, the review panel confirmed that the budgeted activities are eligible by HUD regulation for HOME ARP activities and that no other funding source is more appropriate before making its funding recommendations.

The following proposals were received and ranked in the following order:
· Community Legal Aid SoCal proposed $150,000 to serve 37 Costa Mesa households facing eviction without the resources to pay for legal representation. or $250,000 to serve 100 Costa Mesa households each year with no-cost legal services including eviction prevention and/or assistance with public benefit documentation (e.g. social security, supplemental security income, and unemployment documentation as applicable).

Page 4 of 7 ends

443
File #: 23-1263 Meeting Date: 6/20/2023
· Mercy House proposed $750,000 to provide short-term rental assistance to 60 Costa Mesa households, which is a continuation of its existing rental assistance program funded by Costa Mesa ARPA funds.
· Trellis and Project Hope Alliance received the same score o Project Hope Alliance identified the total annual cost to run their existing program in Costa Mesa at $894,007, which serves over 100 Costa Mesa students daily on site at Costa Mesa schools and after hours providing in-place case management services and wrap around services for youth experiencing homelessness. They clarified with staff that their program is funded through a combination of grant funding sources and private donations and an allocation of HOME-ARP funds of $120,000 would allow the program to serve an additional 40 students per year, increasing the total to 140 students served. o Trellis proposed to serve homeless individuals through its existing Community Impact Team with wrap around services such as transportation services and housing support.

They identified a gap in funding for FY23-24 of $29,640 and a gap for FY24-25 equal to $87,952.
· Stand UP for Kids proposed to serve 20 transitional aged youth (ages 18-24) each year through their Journey to Self Sufficiency program for $72,348.

The five proposals submitted in response to the RFP are included as Attachment 2.

Funding Recommendations
Due to the need for supportive services in the community, staff is recommending to fund all five organizations who submitted proposals using a combination of HOME-ARP funds ($1,544,232) and ARPA funds ($1,568,656) for a total of $3,112,888. Four of the five organizations would primarily be funded with HOME-ARP funds (supplemented by ARPA funds) for four years, as shown below. In these cases, ARPA funds would be applied first, in Year 1, due to the upcoming commitment deadline of December 2024 for ARPA funds. The fifth organization, Mercy House, would be funded by ARPA funds to continue its existing rental assistance program for an additional one year period as described below.

Staff is recommending Mercy House be funded with ARPA funds instead of HOME-ARP funds because HOME-ARP funds would impose more restrictive requirements on its existing rental assistance than its current program funding (Costa Mesa ARPA funds). ARPA funding is not restricted to serving “qualifying populations”, which allows the program to meet the need of a larger pool of Costa Mesa residents (for example, households with incomes up to 50% AMI instead of the HOME- ARP limit of 30% AMI). The City’s existing ARPA funding allocation will likely be expended by December 2023. As such, the staff recommendation for additional funding would allow this existing rental assistance program to be extended for an additional year through December 2024.

Page 5 of 7 ends

444
File #: 23-1263 Meeting Date: 6/20/2023

Page 6 of 7 ends

445
File #: 23-1263 Meeting Date: 6/20/2023
ALTERNATIVES:

The City Council can choose not to fund the proposed activities or to fund the activities in different amounts.

FISCAL REVIEW:

This action does not have a fiscal impact to the General Fund. The City received one-time funding of approximately $1.8 million in HOME-ARP funds and the program requires that the allocation be expended by September 30, 2030. The City also received one-time funding of ARPA funds in the amount of approximately $26.5 million. Of this amount, approximately $6 million is uncommitted.

The five agreements will require $1.5 million in HOME-ARP funds (with $100,000 re-allocated from Development of Affordable Housing to Supportive Services) and $1.5 million in ARPA funds. $300,000 is already included in the FY 2023-24 Adopted Budget for rental assistance. This action will increase ARPA’s commitment by $750,000.

LEGAL REVIEW:

The City Attorney’sOffice has reviewed and approved this agenda report as to form and prepared the attached draft agreements.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Diversify, Stabilize and Increase Housing to Reflect Community Needs CONCLUSION:

Staff recommends that the City Council approve a combination of ARPA and HOME-ARP funding to fund the five organizations that responded to the HOME-ARP Supportive Services RFP for housing- related supportive services and authorize the City Manager and City Clerk to execute all associated agreements.

Page 7 of 7 ends

446
ATTACHMENT 1
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
ATTACHMENT 2
-1-
495
1 -2-
496
2 Background and Project Summary Section
The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished. Refer to Appendix A - Scope of Services, of this RFP.

The 2022 OC Point-in-Time count found that there were 208 housin g insecure Costa Mesa residents, 150 unsheltered and 58 sheltered. While this number is relatively low in comparison to neighboring cities, supportive services remain limited. For individuals facing homelessness, seeking legal aid often falls to a low priority as they struggle to meet more critical basic needs.

To meet the guidelines of Appendix A – Scope of Services for this RFP, CLA SoCal’s proposed program will increase the availability of housing legal services through the following objectives:

OBJECTIVE #1: Expand access to housing -related legal services for 37 high -need Costa Mesa clients at risk of eviction during the grant period. CLA SoCal’s Housing team specializes in cases such as Section 8, Veterans Affairs Supportive Housing (VASH), Emergency Housing Vouchers (EHV) for domestic violence survivors, and Housing is Key rental assistance denials which are likely to spike once litigation ends. For a full description of potential services, please see page 2.

OBJECTIVE # 2: Educate officials (elected and/or agency) around affordable housing and homelessness reduction strategies including subsidized housing, housing elements, rent control, and new laws banning discriminatory housing practices. This could include direct advocacy or provision of technical assistance to housing advocates in our region.

OBJECTIVE # 3: Publicize the Housing program to social service providers, other legal organizations, domestic violence service providers, elected officials, etc. to continue expanding our network of referral systems. Utilize social media to inform the public about this work as well as provide 4 Know Your Rights presentations within the Costa Mesa community.

OBJECTIVE #4: Evaluate impact of project to extrac t best practices and make course corrections when warranted.

Housing-related legal services will be provided to individuals and families who meet the following qualifications: Homeless, as defined in 24 CFR 91.5 Homeless (1 ), (2), or (3) ; a t-risk of Homelessness, as defined in 24 CFR 91.5 At risk of homelessness; fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking, as defined by HUD. 24 CFR 5.2003; other Populations where providing supportive services or assistance under section 212(a) of NAHA (42 U.S.C. 12742(a)) would prevent the family's homelessness or would serve those with the greatest risk of housing instability.

Services provided under this funding will be allocated to Costa Mesa homeless residents, as identified by an individual/family whose most recent permanent primary residence was in Costa Mesa, is a member of Costa Mesa's workforce, or has child(ren) attending a Costa Mesa school.

Residence-eligibility and income -eligibility will be assessed during the trauma- informed intake and assessment process; for individuals who meet the qualifications of the Housing Related Supportive Services for Qualifying Populations program will be assigned to the Staff Attorney to- be hired utilizing these funds.
-3-
497
3 Method of Approach: Provide a detailed description of the approach and methodology that will be used to fulfill each requirement listed in the Scope of Services of this RFP.

An implementation plan that describes in detail (i) the methods, including controls by which your firm manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work.

CLA SoCal has been providing housing -related legal services for more than fifty years ; program services are fully implemented and proven to be successful. If awarded, our proposed Housing Related Supportive Services for Qualifying Populations program will not require an implementation phase as services for Costa Mesa residents are already in process. City of Costa Mesa funding will allow for program expansion to hire an additional Housing Unit Staff Attorney, which we anticipate will increase impact by 37 cases on an annual basis, supporting approximately 100 individuals including clients, their children, and other household members.

Projects already managed by CLA SoCal that are similar in scope to those proposed in this RFP are managed by the organization’s experienced Housing Unit, which includes 2 Supervising Attorneys, 2 Senior Attorneys, 10 Staff Attorneys, and 8 Paralegals (with 2 Staff Attorney and 1 Paralegal positions currently vacant/being hired for). Impact data is collected by utilizing our case management system, SMS client surveys, and anecdotal evidence brought by our project team.

The team then meets regularly to chart progress, but also to identify any problems and discuss the need for course correction or systemic changes. To ensure successful performance of contracts of this nature, CLA SoCal’s Grants and Evaluation Manager and Director of Legal Services meet quarterly with the Supervising Attorney and Directing Attorney to assess the grant- funded work and program efficacy.

Detailed description of efforts your firm will undertake to achieve client satisfaction and to satisfy the requirements of the Scope of Services, Appendix A.

CLA SoCal’s proposed Housing Related Supportive Services for Qualifying Populations program will provide no -cost legal services for l ow-income renters facing evictions in Costa Mesa. All potential clients are first screened for financial eligibility and legal conflicts by trauma -informed Intake and Assessment staff. Individuals whom we cannot serve a re referred to other resources to receive support . F or those whom we can serve, clients are provided with immediate legal advice, while clients who present more complex cases or are at-risk of immediate homelessness will be referred to the Housing team for brief or extended services. Extended services include document review and preparation and provision of advice and counsel at eviction defense clinics; draft answers to complaints and dispositive motions; propound and respond to discovery; argue motions before the court; take cases for full representation and possible trial; negotiate settlements; prepare emergency stays of eviction.

On behalf of clients, CLA SoCal will raise defenses for t enants who otherwise would not have done so due to lack of knowledge or intimidation. Assigned attorneys will fight frivolous evictions and unchecked abuses to help prevent tenants from signing unfair agreements. They will help -4-
498
4 tenants remain in their home s and avoid the fallout of evictions including displacement, depression, illness, and instability.

Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion.

During the one-year grant term, CLA SoCal aims to manage an additional 37 housing-related cases specifically for Costa Mesa residents. Grant funds will support the hiring of a new Housing Staff Attorney to ensure the successful delivery of this project. In addition, grant funds will be partially allocated to (2) existing Staff Attorney roles and (1) existing Supervising Attorney role. CLA SoCal is committed to serving the Costa Mesa community as a collaborative partner by meeting with officials at the local level (e.g., housing authorities and city councils) and work ing with housing advocates to assist in local efforts.

To ensure the goal of 37 new cases is met, project deliverables during the grant term include:
• Perform holistic legal assessments for all tenants and provide referrals to additional legal services when appropriate.
• Educate tenants about their rights by providing 4 Know Your Rights workshops in languages requested by community partners to high need communities in Costa Mesa. • Track changes in landlord/tenant laws and tenant protections, including those related to COVID-19, to ensure that the most up-to-date advice and strategy is provided.

Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of work.

CLA SoCal’s proposed project does not require any tasks to be led by City of Costa Mesa staff.

Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, safe, and cost effective operations or increased performance capabilities.

CLA SoCal prides itself on uniquely serving the community through services rooted in language justice, meaning we increase meaningful participation for linguistically marginalized communities – communities whose members have historically faced challenges in engaging legal services and basic needs. To that end, CLA SoCal employs staff who are fluent in English, Korean, Spanish, and Vietnamese; for other languages, we utilize a language service that can provide translation in over 200 languages for our Hotline and in -person meetings. Additionally, CLA SoCal utilizes sign language interpreting services for our hearing-impaired clients. Our priority is to ensure that our non-English-speaking clients receive the same high-level service as our English-speaking clients.

This innovative approach to services empowers our organization to engage in meaningful dialogue driven by active listening and without judgment to ensure tha t clients feel heard and respected and are comfortable asking questions during the decision -making process regarding their legal matters.

-5-
499
5 Qualifications & Experience of the Firm:

Applying Agency: Community Legal Aid SoCal (CLA SoCal)
Address: 2010 N. Tustin Avenue, Santa Ana, CA 92507
State of Incorporation: California
Date of Incorporation: 05/09/1958
First Began Operations: 05/09/1958
First and Last Name of Board Officers can be found on page 14.

Founded in 1958, CLA SoCal provides free legal services to low -income families, individuals, and senior citizens in Orange and Los Angeles Counties. The name was legally changed from Legal Aid Society of Orange County in 2019. CLA SoCal is the largest legal aid provider in Orange County and is the only nonprofit legal aid organization with offices in southeast Los Angeles County.

CLA SoCal operates one of the largest free legal hotlines in the US, with more than a dozen staff who can field calls and online intake in several languages (in-house). Our Intake and Assessment Unit determines which cases are handled immediately with advice and counsel, and which are referred to litigation staff.

In 2022 CLA SoCal staff served clients in nearly 4,000 housing cases – a nearly 60% increase over 2019. During this time, CLA SoCal has worked to ensure that the Housing unit has the supervision, camaraderie, and structure its staff need to handle multiple grants and quickly evolving housing laws.

Our Systemic Impact Unit (SIU) helps our litigation units identify and advocate around systemic problems; over the past two years, their work has focused on systemic benefits advocacy, affordable housing advocacy, illegal housing practices, and protection of domestic violence survivors in the civil court system.

Developing strong systems for both mentorship and accountability were foundational objectives for our recent restructure. Our programmatic managers on this project, from Supervising Attorney to Director of Legal Services, have a wealth of experience ranging from ten years to thirty-six years of case handling in state and federal court. Additionally, all of these staff are experienced supervisors who participate in supervisorial training throughout the year, as well as leadership roundtables, case reviews, and evaluation.

CLA SoCal also has experienced Finance, Grants, and Operations/Data staff who help accurately and effectively administer and report on grants and monitor subrecipients.

CLA SoCal frequently attends community events throughout the county to publicize its work related to housing legal needs and to hand out multilingual fliers about our homelessness prevention efforts; in 2022, we attended 34 public housing events that included nearly 2,500 attendees. These events include bilingual staff to ensure that we are able to speak with attendees in the language which they prefer. CLA SoCal also participates in numerous coalitions and trainings that include service providers throughout Orange County. On these calls and in meetings, partners discuss their respective services with the goal of building referral networks and learning about third-party services that could benefit our clients. -6-
500
6 List of Current and Previous Contracts Similar to Proposed Services CLA SoCal currently maintains or has engaged in contracted partnerships within the last eight years with the following agencies to provide services similar to the requirements for Costa Mesa.

NOTE: contracts involving passthrough of federal ARP* or CDBG** funding. • County of Los Angeles Department of Consumer and Business Affairs Stay Housed/Eviction Defense Project (passthrough grant via Legal Aid Foundation of Los Angeles (LAFLA)) – 2 contracts totaling $1,662,006.
o Contract Term: 7/30/20-3/31/21; 9/15/20-3/31/22; 5/13/22-6/30/23* (expected to be renewed)
o Contract Contact Name & Title: Joanna Esquivel, Project Manager, LAFLA o Contract Contact Phone Number: [email protected], 323.801.7964 o Brief Description : Eviction defense services for 400+ residents of Los A ngeles County annually.
• State Bar of California Homelessness Prevention Grants – six contracts totaling $5,002,353.
o Contract Term: 10/1/19-12/31/2021; 1/1/21- 12/31/23; 12/1/2021 -12/31/24*; 1/1/22-12/31/24*; 1/1/23-6/30/24
o Contract Contact Name & Title: Chris McConkey, Supervis or, Program, Office of A ccess& I nclusion, Sta te Ba r of Ca lifornia
o Contract Contact Phone Number: [email protected] , 213 - 765-1505
o Brief Description: Hom elessness prevention services including eviction defense, public benefits advocacy, and education for 1,000+ California residents annually. • City of Santa Ana Community Development Block Grant (CDBG) – five contracts totaling $234,363**
o Contract Term: 7/1/17- 6/30/2018; 7/1/18 -6/30/19; 7/1/19- 6/30/20; 7/1/20 - 6/20/22; 7/1/22-6/30/24
o Contract Contact Name & Title: Brenda Vega, Community Development Analyst o Contract Contact Phone Number: [email protected], (714) 647-6561 o Brief Description: Domestic violence prevention services for 20 -30 City of Santa Ana residents annually.
• City of Norwalk CDBG – six contracts totaling $87,000** o Contract Term: 7/1/215 -6/30/16; 7/1/16 -6/30/17; 7/1/17 -6/30/18; 7/1/18- 6/30/19; 7/1/21-6/30/22; 7/1/22-6/30/23
o Contract Contact Name & Title: Rosio Medina, Management Analyst o Contract Contact Phone Number: [email protected]; 562-929-5952 o Brief Description: General legal services for City of Norwalk residents.

-7-
501
7 Key Personnel
• Alisha Saska: Supervising Attorney for CLA SoCal’s Housing Unit. o Alisha has 10 years of experience providing low-income tenants with housing related legal advice. She has represented clients in eviction actions, section 8 termination hearings, and other landlord tenant disputes. Alisha currently supervises the Community Legal Aid SoCal’s housing team. • Jonathan Gibson: Orange County-focused Staff Attorney for CLA SoCal’s Housing Unit. o Jonathan has been with CLA since 2020. He represents tenants in all aspects of eviction litigation including assisting them to prepar e answers and representing them in unlawful detainer trials.
• Negeen Sadeghi -Movahed: Orange County -focused Staff Attorney for CLA SoCal’s Housing Unit.
o Negeen has been with CLA since 2021. She represents tenants in all aspects of eviction litigation including assisting them to prepare answers and representing them in unlawful detainer trials.
• Vacant (to be filled with partial Costa Mesa funds): Staff Attorney o The Housing Staff Attorney will work as a member of the housing team to serve and represent low- income and senior tenants who are facing eviction. The position requires working with individuals during moments of extreme stress and instability, and the provision of culturally sensitive and empathetic services.

-8-
502
8 ALISHA D. SASKA
Supervising Attorney | Community Legal Aid SoCal | (714) 571-5250 | [email protected]

EDUCATION & PROFE SSIONAL LICENSE
California State Bar License December 2013

University of the Pacific, McGeorge School of Law
J.D. with Distinction May 2013
Capital Certificate in Public Law and Policy and Certificate in Advocacy

Cedar Crest College
B.S., Chemistry and Political Science May 2010 B.A., History, Minor in Economics May 2010

CERTIFICATIONS AND TRAININGS
Mediation Certification, McGeorge School of Law May 2013 Deposition Bootcamp, National Institute for Trial Advocacy February 2015 Trial Advocacy Institute, National Institute for Trial Advocacy October 2016

EXPERIENCE
Community Legal Aid SoCal
Supervising Attorney, Housing Unit March 2020-Present Oversaw the creation of the housing unit; Supervise a staff of 4 attorneys and 3 paralegals who assist clients regarding landlord tenant issues including evictions, subsidized housing, and mobile home assistance; Work with community partners to implement various projects including an Eviction Defense Program and a Pro Bono Eviction Defense Program; Represent tenants regarding issues with their landlords including eviction defense and administrative hearing representation; Engage in outreach including tenant know your rights presentations.

Staff Attorney November 2019-March 2020
Organized and conducted housing clinics; Provided counsel and advice and limited scope services to clients; Researched and prepared pleadings including answers and settlement agreements; Negotiated settlements on behalf of tenants involved in eviction cases; Conducted full factual investigations and discovery including propounding and responding to interrogatories and requests for admissions and production of documents.

Legal Services of Northern California
Supervising Attorney March 2018-November 2019
Staff Attorney December 2013-March 2018
Reviewed closed cases related to housing issues for compliance with grant requirements; Edited and approved pleadings written by attorneys and interns before filing with courts and administrative agencies; Led case review meetings to develop case and litigation strategies; Conducted trainings, both internally and in the community; Provided counsel and advice to clients regarding landlord-tenant disputes, mortgage foreclosures, pensions, public benefits, -9-
503
9 and educational rights in over 1500 cases; Drafted pleadings including answers, motions for summary judgment, and trial briefs; Conducted full factual investigations and discovery including interrogatories, requests for admissions and production of documents, and depositions; Represented clients in settlement negotiations and administrative hearings regarding public housing and public benefits; Represented clients in Unlawful Detainer Bench trials; Researched statutes, legislative history, precedent cases, and applicable regulations relating to housing law, mortgage foreclosures, and pensions; Organized and participated in targeted community outreach events and legal trainings.

-10-
504
10 Jonathan Gibson
1501 E. 37th Street, Long Beach, CA 90807 | (714) 612-2758 | [email protected]

EDUCATION
Bar Admission: Member, California State Bar Association, December 2014; Member, Federal Bar Association, Central District of California
Georgetown University Law Center, Washington, DC
Juri
s Doctor, May 2014; GPA: 3.36
Chapman University, Orange, CA
Bachelor of Arts in Psychology with a minor in Business Administration, 2006

EXPERIENCE
Legal Aid Foundation of Los Angeles, Los Angeles, CA
Staff Attorney (November 2019 – Present)
Represent unhoused individuals in federal impact litigation to prevent the unlawful seizure of property without due process. Represent tenants in Section 8 administrative hearings and advocate for housing authorities to modify Administrative Plans to comply with the law. Assist tenants with housing issues such as habitability violations, illegal rent increase, and eviction.

Public Law Center, Santa Ana, CA
Staff Attorney (June 2016 – September 2019)
Represented tenants in unlawful detainer actions, Section 8 administrative proceedings, writ actions, and other landlord/tenant cases. Handled all cases as lead attorney and was responsible for representation at hearings, conducting depositions and other discovery, as well as negotiating favorable resolution of matters. Trained/supervised law fellows and law clerks.

Disability Rights Legal Center, Los Angeles, CA
Staff Attorney (October 2015 – May 2016)
Conducted legal research for motion practice under the Americans with Disabilities Act. Drafted written discovery and met with clients to prepare responses to written discovery.

Greater Bakersfield Legal Assistance, Bakersfield, CA
Staff Attorney, Sargent Shriver Program (August 2014 – September 2015) Represented tenants in unlawful detainer proceedings. Responsibilities included all aspects of litigation such as discovery, negotiating settlements, motion practice, and trial.

DC Law Students in Court, Washington, DC
Student Attorney (August 2013 – May 2014)
Represented indigent clients in DC Civil and Landlord-Tenant Court. Responsibilities included all aspects of litigation including investigating housing code violations, conducting discovery, conducting legal research, and drafting all pleadings and motions for trial.

Language Skills: Conv
ersational in Spanish
-11-
505
11 NEGEEN SADEGHI-MOVAHED
Hollywood, CA • 949-973-3991 • [email protected]

EDUCATION
Bar Admission: California, January 2021 / Bar Number: 334183 American University Washington College of Law Washington, D.C.

Juris Doctor May 2019
University of California, Los Angeles Los Angeles, CA
Bachelor of Arts in Political Science June 2015

EXPERIENCE
Strategic Legal Practices Los Angeles, CA
Associate Attorney, September 2021
Researching and drafting complex motions related to all stages of the case from complaint through trial. Appearing in court and arguing substantive motions before the court. Negotiating with opposing counsel to solve discovery disputes. Taking depositions of the person most knowledgeable for international corporations and defending depositions of plaintiffs in consumer protection disputes.

The Marble Law Firm Remote
Case Assessment Attorney May 2021 – September 2021
Interviewed six to eight potential clients per day determining all potential applicable family law claims, counterclaims, and defenses. Advised potential clients regarding the process and procedure for their relevant legal questions. Identified relevant information and anticipated evidentiary hurdles, objections, and potential responses.

Orange County Public Defender’s Office Santa Ana, CA
Post-Bar Clerk in Writs and Appeals Unit March 2020 – May 2020 Drafted writs of mandate for misdemeanor cases regarding Pitchess/Brady issues. Wrote legal memoranda on OC Sheriff Department’s wide-spread failure to log evidence per department policy. Certified Post-Bar Clerk in Felony Panel Unit August 2019 – November 2019 Researched issues related to de-facto arrest, illegal detention, and illegal searches. Drafted 1538.5 and 402 motions. Assisted supervising attorney with crafting trial strategy.

American University Washington College of Law Criminal Justice Clinic Washington, D.C.

Student Attorney August 2018 – January 2019
Represented juvenile and adult clients in Montgomery County Circuit Court and District Court.

Conducted intake interviews with clients and interviewed witnesses to prepare for trial.

Researched immigration consequences of juvenile convictions and burglary laws. Drafted and argued motions, wrote memoranda, and negotiated with prosecutors.

Language Skills: Farsi (co
nversational)
-12-
506
12 Financial Capacity
The City is concerned about proposers' financial capability to perform, and therefore, may request sufficient data to allow an evaluation of firm's financial capabilities.

CLA SoCal is happ y to provide any requested information re garding our financial capability to perform the objectives of this project.

Disclosure
CLA SoCal does not have any past or current business and personal relationships with any current Costa Mesa elected official, appointed official, City employee, or family member of any current Costa Mesa elected official, appointed official, or City employee.

Sample Sub-recipi ent Agreement
CLA SoCal is in agreement with the sample Sub-recipient Agreement provided by the City of Costa Mesa and does not have any exceptions or conditions to the Agreement.

Checklist of Forms to Accompany Proposal
CLA SoCal has included the following forms found in Appendix D of the RFP, and has attached them in the following manner:

1. Vendor Application Form – 2 pages

2. Company Profile & References – 2 pages

3. Ex Parle Communications Certificate – 1 page

4. Disclosure of Government Positions – 1 page

5. Disqualifications Questionnaire – 1 page

6. Bidder/Applicant/Contractor Campaign Contribution – 1 page -13-
507

VENDOR APPLICATION FORM
FOR
RFP NO. 23-15 HOUSING RELATED SUPPORTIVE SERVICES FOR QUALIFYING POPULATIONS

TYPE OF APPL
ICANT: □ NEW □ CURRENT VENDOR
Legal Contractual Name of Corporation: ____________________________________________ Contact Person for Agreement: ___________________________________________________ Title: ____________________________ E-Mail Address: _______________________________ Business Telephone: ________________________ Business Fax: ________________________ Corporate Mailing Address: _______________________________________________________ City, State and Zip Code: _________________________________________________________ Contact Person for Proposals: _____________________________________________________ Title: ____________________________ E-Mail Address: _______________________________ Business Telephone: ________________________ Business Fax: ________________________ Is your business: (check one)
□ NON PROFIT CORPORATION □ FOR PROFIT CORPORATION
Is your b
usiness: (check one)
□ CORPORATION □LIMITED LIABILITY PARTNERSHIP
□INDIVIDUAL □SOLE PROPRIETORSHIP
□PARTNERSHIP □UNINCORPORATED ASSOCIATION
13 -14-
Community Legal Aid SoCal
Kate Marr
Executive Director
[email protected]
(714) 571-5200
(714) 805-7370
2101 N. Tustin Avenue
Santa Ana, CA 92705
Shelbie Knox
Grants and Evaluation Manager
[email protected]
(714) 571-5230
(714) 805-7370
508
Names & Titl
es of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone
Mei Tsang President, Attorney Board Director 646.319.0172 Lauren Grochow President Elect, Attorney Board Director 949.622.2746 Nikki Miliband Secretary, Attorney Board Director 714.875.2956 Jordan Martell CFO, Attorney Board Director 612.245.8725 Allison Cuff Board Director 714.369.0397
Jared Bunker Attorney Board Director 949.721.2957
Esther Morales Client Board Director 714.253.8494
Rita Okorogu Client Board Director
Alan Slater At-Large Board Director 714.791.3026
Michael Behrens Attorney Board Director 714.791.3026
Miryam Abitbol Client Board Director 714.791.3026
Yashina Burns Attorney Board Director 808.343.9283
Orchid Cameron Client Board Director 714.717.6349
Jorge deNeve Attorney Board Director
Michelle Gourley Attorney Board Director
Andrew Gray Attorney Board Director 949.218.8470
Lucas Hori Attorney Board Director 253.569.2238
Jenni Katzer Attorney Board Director
Deirdre Kelly Attorney Board Director
Yuri de Jesus Client Director 323.867.4825
Jonathan Little Attorney Board Director 949.724.1111
Martha Mauricio Client Director 949.316.9590
Teddy Nguyen Attorney Board Director 626.394.9943
Rich Otera Attorney Director 310.779.3971
Jigna Patel Attorney Board Director 949.609.5004
Scot Rives Attorney Board Director 646.319.0172
Teal Kent Client Board Member
Alex Shaw Client Board Director 949.304.9298
Deborah Trelles Client Board Director
Anika Wilson At-Large Board Director
Federal Ta
x Identification Number:

City of Costa Mesa Business License Number: ________________________________________ (If none, you must obtain a Costa Mesa Business License upon award of contract.) City of Costa Mesa Business License Expiration Date: __________________________________ 424.240.4772
323.537.7007
818.653.0688
510.910.6972
949.463.5592
714.369.0933
714.737.4074
805.886.0120
14 -15-
N/A
509

EX PARTE COMMUNICATIONS CERTIFICATION
Please indicate by signing below one of the following two statements. Only sign one statement.

I certify that Proposer and Proposer's representatives have not had any communication with a City Councilmember concerning informal RFP No. 23-15 HOUSING REAL TED SUPPORTIVE SERVICES FOR QUALIFYING POPULATIONS at any time after March 27, 2023. _..,,..,,.--··_7
✓-::.,.,.?"/
./
(_______-------�--'�"•t,,,
Date: _____ __;... _______ _
Signature
Kate Marr
Print
OR
I certify that Proposer or Proposer's representatives have communicated after March 27, 2023 with a City Council member concerning informal RFP No. 231ll15 HOUSING RELATED SUPPORTIVE SERVICES FOR QUALIFYING POPULATIONS. A copy of all such communications is attached to this form for public distribution.

Date: _____________ _
Signature
Print
15 -16-
510

DISQUALIFICATION QUESTIONNAIRE
The Contractor shall complete the following questionnaire:

Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation?
Yes
□ No □
If the answe
r is yes, explain the circumstances in the following space. 16 -17-
■
511

DISCLOSURE OF GOVERNMENT POSITIONS
Each Proposer shall disclose below whether any owner or employee of Contractor currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None." 17 -18-
None.
512

COMPANY PROFILE & REFERENCES
Company Legal Name: ________________________________________________________ Company Legal Status (corporation,
partnership, sole proprietor, etc.) ______________________________________ Active licenses issues by the California State
Contractor’s License Board: ______________________________________ Business Address: ______________________________________ Website Address: ______________________________________ Telephone Number: __________________ Facsimile Number: ______________________ Email Address: ______________________________________
Length of time the firm has been in
business: ______________________________________
Length of time at current location: ______________________________________ Is your firm a sole proprietorship doing
business under a different name: ______________________________________ If yes, please indicate sole proprietor's
name and the name you are doing business
under: ______________________________________
Federal Taxpayer ID Number: ______________________________________ Regular Business Hours: ______________________________________ Regular holidays and hours when business
is closed: ______________________________________
Contact pers
on in reference to this solicitation: ______________________________________ Telephone Number: ____________________ Facsimile Number: _____________________ Email Address: ________________________
Contact pers
on for Accounts Payable: ______________________________________________ Telephone Number: ____________________ Facsimile Number: _____________________ Email Address: ________________________
Name of Pr
oject Manager: _______________________________________________________ Telephone Number: ____________________ Facsimile Number: _____________________ Email Address: ________________________
18 -19-
Community Legal Aid SoCal
Corporation - Non Profit 501(c)(3)
N/A
2102 N. Tustin Avenue, Santa Ana, 92507
https://www.communitylegalsocal.org/
(714) 805-7370
[email protected]
65 years
17 years
No
N/A
95-1994337
9:00AM-5:00PM; Hotline: M-Th 9:00-6:00, F 9:00-noon
Closed New Year's Day, Martin Luther King Day, Presidents Day, Cesar Chavez Day, Memorial Day, Juneteenth, July 4th, Labor Day, Veterans Day, Thanksgiving (2 days), Christmas (2 days), New Year's Eve. Business closed Saturdays and Sundays; Hotline closed Friday afternoons.

Shelbie Knox
(714) 571-5230
(714) 571-5270
[email protected]
Margaret Fu
(714) 571-5233
(714) 571-5270
[email protected]
Alisha Saska
(714) 571-5250
(657) 295-8608
[email protected]
714-571-5200
513
COMPANY PROFILE & REFERENCES (Continued)
Submit the company names, addresses, telephone numbers, email, contact names, and brief contract descriptions of at least three clients, preferably other municipalities for whom comparable projects have been completed or submit letters from your references which include the requested information.

Company Name: ______________________________________________________________ Contact Name: _____________________________________________________ Contract Amount: _____________________________________________________ Email: _____________________________________________________ Address: _____________________________________________________ Brief Contract Description: _____________________________________________________ Company Name: ______________________________________________________________ Contact Name: _____________________________________________________ Contract Amount: _____________________________________________________ Email: _____________________________________________________ Address: _____________________________________________________ Brief Contract Description: _____________________________________________________ Company Name: ______________________________________________________________ Contact Name: _____________________________________________________ Contract Amount: _____________________________________________________ Email: _____________________________________________________ Address: _____________________________________________________ Brief Contract Description: _____________________________________________________ Company Name: ______________________________________________________________ Contact Name: _____________________________________________________ Contract Amount: _____________________________________________________ Email: _____________________________________________________ Address: _____________________________________________________ Brief Contract Description: _____________________________________________________ Company Name: ______________________________________________________________ Contact Name: _____________________________________________________ Contract Amount: _____________________________________________________ Email: _____________________________________________________ Address: _____________________________________________________ Brief Contract Description: _____________________________________________________ 19 -20-
City of Santa Ana
Brenda Vega
Five Community Development Block Grants (CDBG) contracts totaling $234,363 [email protected]
20 Civic Center Plaza, M-26, Santa Ana, CA 92701
Domestic violence prevention services for 20-30 City of Santa Ana residents annually.

City of Norwalk
Rosio Medina
Six CDBG contracts totaling $87,000
[email protected]
12700 Norwalk Boulevard, Room 12, Norwalk, CA 90650
General legal services for City of Norwalk residents.

County of Los Angeles Department of Consumer and Business Affairs (passthrough via Legal Aid Fdn. of Los Angeles) Joanna Esquivel
Two ARP contracts totaling $1,662,006
[email protected]
320 W Temple St Room G-10, Los Angeles, CA 90012
Eviction defense services for 400+ residents of Los Angeles County annually. 514

BIDDER/APPLICANT/CONTRACTOR CAMPAIGN CONTRIBUTION

DISCLOSURE FORM
Proposer/Consultant/Applicant is required to identify any campaign contribution or cumulative contributions greater than $249 to any city council member in the twelve months prior to submitting an application, proposal, statement of qualifications or bid requiring approval by the City Council.

Date Name of Donor Company/Business Name of Amount
Affiliation Recipient
None
Except as described above, I/we have not made any campaign contribution in the amount of $250 or more to any Costa Mesa City Council Member in the twelve months preceding this Application/Proposal.

I declare unde�alty of perjury under the laws of the State of California that the foregoing is true ani c/rect. �
ell!) ,�
)
Kate Marr, Community Legal Aid SoCal
Bidder/ Applicant/Proposer
April 10, 2023
Date
20 -21-
515
Proposal Contact:

A l l i s o n D a v e n p o r t
C h i e f S t r a t e g y a n d C o m p l i a n c e O f f i c e r P H : (7 1 4) 8 3 6- 7 1 8 8 x 1 1 4
E M : a l l i s o n d @ m e r c y h o u s e . n e t
P O B o x 1 9 0 5 S a n t a A n a , C A 9 2 7 0 2

Program Proposal
Rental Assistance and Homeless Prevention

CITY OF COSTA MESA
-22-
516
1 19
21 20
22 TABLE OF CONTENTS

COVER LETTER

VENDOR APPLICATION FORM

BACKGROUND AND PROJECT SUMMARY

EX PARTE COMMUNICATIONS CERTIFICATE

COMPANY PROFILE & REFRENCES

DISCLOSURE OF GOVERNMENT POSITIONS

DISQUALIFICATIONS QUESTIONNAIRE

BIDDER/APPLICANT/CONTRACTOR

CAMPAIGN CONTRIBUTION
23 ATTACHMENT A; BOARD ROSTER
17 5
3 -23-
517

1  Current o
perations that can easily scale to support the City of Costa Mesa homeless
prevention programs
 23 years’ e
xperience, proven track record of providing rental assistance and but
not limited to:

We have a long history of providing quality services for the City of Costa Mesa, including relations.
supp
ort will be allocated towards cli
ents who require assistance with landlord-tenant
provided to households within the specifications listed in this application. Shelter client at risk of eviction who would otherwise become homeless. Rental assistance will be support services throu
gh the Costa Mesa Bridge Shelter. Services w
ill be provided to those
to expan
d our current Homeless Prev
ention Program in the City
, as well as shelter clien
t
Should we be fortunate enough to be awarded, Mercy House intends to utilize this funding well-poised to continue providing the City of Costa Mesa with such services. 25 year Emerge
ncy Food an
d Shelter program grant recipient.

This experi
ence makes us
Garden Grove, Huntington Beach, Ontario and throughout Orange County as a more than of Costa Mesa, we also have histories
of service with the Cities of Anahe
im, Santa
Ana,
In addition to our direct experi
ence admin
istering a rental assistance program fo
r the City
funds and CDBG funding.
prevention program for the City of Costa
Mesa between 2008-2019, utilizing
federal HPRP
entering homelessness. We have operated a successful rental assistance/homeless continuously since 1999 and in that span of time has prevente d over 6,000 people from
Mercy House has operated a Rental A
ssistance/Homeless Prevention Program
RFP No.23-15 for Housing-Related Supportive Services.

On behalf of Mercy House Living Centers, I am pleased to submit the following response to
SUBJECT: RFP No. 23-15
Costa Mesa, CA 92626
77 Fair Dr.

The City of Costa Mesa
April
10th, 20
23 -24-
518

 Dedicated HPP hotline for those in need, will work with 2-1-1 and others to receive referrals
 Trained program managers with extensive knowledge of best practices  Provide Gap Analysis assessment to serve as many as possible with limited resources

If awarded, Mercy House shall execute contracted activities from our administrative offices located at 203 N. Golden Circle, Santa Ana, CA 92701. These offices, located within five miles of Costa Mesa city limits, will be the location from which shall be officially managed.

The general telephone number for these offices is (714) 836-7188. Parties relevant to this submission may be reached at their extension specified within this submission.

We thank you for your consideration.

Sincerely,

Larry Haynes
Chief Executive Officer

2 -25-
519

TYPE OF APPLICANT:  NEW  CURRENT VENDOR
Legal Contractual Name of Corporation: ______________________________________ Contact Person for Agreement: ____________________________________________________ Corporate Mailing Address: ________________________________________________ City, State and Zip Code: __________________________________________________ E-Mail Address: _________________________
Phone: ________________________ Fax: ________________________ Contact Person for Proposals: ______________________________________________________ Title: ______________________________ E-Mail Address: ______________________ Business Telephone: _________________________ Business Fax: ________________ Is your business: (check one)
 NON PROFIT CORPORATION  FOR PROFIT CORPORATION Is your business: (check one)
 CORPORATION  LIMITED LIABILITY PARTNERSHIP
 INDIVIDUAL  SOLE PROPRIETORSHIP
 PARTNERSHIP  UNINCORPORATED ASSOCIATION

Mercy House Living Centers
Allison Davenport
PO Box 1905
Santa Ana, CA 92702
[email protected]
(714) 836-7188 x114 (714) 836-7901
Chief Strategy and Compliance Officer
Allison Davenport
[email protected]
(714) 836-7188 x114 (714) 836-7901
xx
x
x
RFP No. 23-15 for HOUSING RELATED SERVICES FOR QUALIFYING POPULATIONS FOR

VENDOR A

PPLICATION FORM
3 -26-
520

Background and Project Summary
The background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished. Refer to Appendix A – Scope of Services, of this RFP.

Mercy House has provided services to nearly 90,000 individuals in the span of 30 years; we do this with a vision to “be a leader in ending homelessness by providing a unique system of dignified housing opportunities, programs, and supportive services.” Since it’s inception, Mercy House has grown from a small transitional housing program providing shelter and services to 10 homeless, single men at a time, to a complete system of care that meets the needs of thousands of men, women, and children every year. Our drive to adopt innovative, data driven strategies for ending homelessness have made us successful partners as we deliver effective homeless services, often in collaboration with like-minded agencies and multiple cities and jurisdictions.

Mercy House has operated a Rental Assistance/Homeless Prevention Program continuously since 1999 and in that span of time have prevented more than 6,000 people from entering the trauma of homelessness. We operated a successful rental assistance/homeless prevention program for the City of Costa Mesa between 2008- 2019 utilizing federal HPRP funds and CDBG funding. Due to our long history of providing rental assistance services in the City, we are administratively versed with screening eligible applicants based on residency requirements and have a word-of- mouth presence in the City for residents in need.

In addition to our direct experience administering a Homeless Prevention program for the City of Costa Mesa, we also have histories of service with the Cities of Anaheim, Santa Ana, Garden Grove, Huntington Beach, Ontario, and throughout Orange County as a more than 25 year Emergency Food and Shelter program grant recipient. This experience makes us well-poised to continue providing Homeless Prevention services to Costa Mesa residents, as we already have trained staff, processes and procedures, marketing channels, and a dedicated hotline available.

Costa Mesa’s HOME-ARP funding will
be utilized through the Costa Mesa Bridge
Shelter, and allow Mercy House to expand its Homeless Prevention Program by providing housing-related services including financial assistance to low to moderate income residents of Costa Mesa, who are facing the imminent threat of homelessness.

Funding will ensure that shelter guests at the Costa Mesa Bridge Shelter as well as Costa Mesa residents at-risk of homelessness receive assistance in removing barriers that would otherwise prevent them from obtaining stabilized housing, including rental assistance, and rent in arrears.

-27-
521

Method of Approach
Provide a detailed description of the approach and methodology that will be used to fulfill each requirement listed in the Scope of Services of this RFP. The section should include:

1. An implementation plan that describes in detail (i) the methods, including controls by which your firm manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work.

The proposed HOME-ARP funding will be utilized through the Costa Mesa Bridge Shelter, and incorporated into our existing Homeless Prevention Program. This is a continuation/expansion of the current program in the City and is targeted to provide rental assistance and rent in arrears for homeless prevention. The program is estimated to serve 60 households this next year. Services include:

Short-term rental Assistance, including rent in arrears  Shelter Client Support, including landlord incentives  Case Management
 Tenant Education
 Employment Coaching
 Assistance in obtaining income benefits, as well as referrals and service navigation
In addition to the services listed, staff will be trained in trauma-informed care and motivational interviewing, maximizing their ability to help clients see the benefit of a strong array of services. All delivered services will be geared toward long-term housing stability.

The program will be managed by Sandra Ramirez, who will be charged with overseeing the Housing Stability Specialist staff member. Sandra has been with Mercy House for nearly 5 years and has direct experience as a manager and case worker. She has been promoted to manager of various housing programs with us ever since due to her outstanding leadership and program success. Melissa Medina will serve as the Housing Solutions Administrative Manager tracking checks written, spending towards the budget and ensuring that the program adheres to budget, compliance and scope of service requirements. She has served in a similar capacity for the agency in our programs for over 5 years.
-28-
522

Marketing Plan
The program will be marketed through 2-1-1, other service providers, family resource centers, the City of Costa Mesa and to low-income apartment communities within the City of Costa Mesa.

Applicants
Staff will conduct an initial eligibility screening with the household to determine if they meet the eligibility criteria. If the applicant does not met eligibility, they will be notified and connected to 2-1-1 for additional resource support. If eligibility is met, the client will be asked to complete an HMIS intake and provide supporting documentation including income, need and housing related documents. A Gap Analysis will be conducted to determine if there is any portion of rent the applicant can pay on their own and how many months of assistance may be needed up to a maximum of $7,800 per household, or up to three months of past due, partial, or full rent, whichever is lesser. The Housing Stability Specialist will also make a connection with landlord to establish a contract and ability to accept third party payment. Mercy House will issue payments to the landlords directly.

Management of Funds
The Housing Stability Specialist will track all applicants on a Program Roster Report, noting their eligibility determination, when determination was issued to the applicants and documents that have been successfully received. The Administrative Manager will write all checks for the program and manage spending on the grant. This program management and tracking will enable Mercy House to report out at any time 1) how many applications were received, 2) how many were approved or denied, 3) how much funding has been dispersed to landlords, 4) how much is left for direct assistance, and the average amount of assistance provided to household. We will also track the number of total households and individuals served by the program as well as required demographic information in the HMIS system.

2. Detailed description of efforts your firm will undertake to achieve client satisfaction and to satisfy the requirements of the Scope of Services, Appendix A Housing Stability Specialist functions as a case manager, providing primary oversight to participants on an individual basis and coordinating linkage to all services, both internal and external. Upon entry into the program, the Housing Stability Specialist will begin developing trust and rapport with the client in a multi-phased approach and start to build the clients’ community of support to help make the transition from homelessness to housing more successful. The length of time between each phase varies depending on the needs and acuity-level of the client. Our rental assistance/homeless prevention programs are designed to successfully move clients through each phase as quickly as possible while still achieving a high success rate.
-29-
523

which makes us well equipped to continu
e providing these services. The pro
posed
Mercy House has a historical record of successfu
l Homeless Prevention programs,
performed, durations for each task, and overall time of completion.

Detaile
d project schedule, identifying all tasks and deliverables to be3. the program or our services.
formal grievances with our agency if they f
eel their needs have not been met by
7) We have policies and procedures that enable households to file informal and financial/housing crisis.
in need understanding the emotional and psychological impact of their current 6) We employ social work best practices in our commu
nication with households
serve and make timely rental payments once approved for assistance. 5) We communicate effectively with landlords on behalf of the households we provide fair and equitable treatment of the limited households we can serve. 4) We provide assistance on a first come, first serve basis in the order receivedto frustration
documentation that we may need from each household to avoid confusion or

3) We provide clear information in terms of eligibility requirements and any 2) We have bilingual capabilities within our staff for those in need of assistance. in need are a
ble to acc
ess the services available to them.
1) The program will be marketed to a wide-range of avenues so that those most Mesa that ensures
the following:

Bridge Shelter and expand our Homeless Prevention Program for the City of Costa
With this in mind, we aim to provide housing
-related service through
the Costa Mesa
consider the end user experience.
seriously when implementing our rental
assistance/homeless prevention programs and
connect to us. Knowing this, we t
ake customer support and customer satisfaction very
navigating housing services. T
hey are most often desperate and fearful by the time they often times those
who are experiencing a housing crisis for the first time or are new to Mercy House recognizes that low-income households in need of rental assistance are -30-
524

program is an expansion of our current Homeless Prevention Program in the City, and is targeted to provide short term rental assistance, and rent in arrears for 60 qualified clients in the next fiscal year, as well as shelter client support in the form of leasing agreements with landlords. As this is an expansion/continuation of the program, a Housing Stability Specialist is prepared to continue project activities, the services thereof to be offered until the end of the grant term or until funds for the project have been depleted. Rental assistance provided through the project will continue for duration of up to three months or less, depending on the individual household’s capacity to stabilize. The program will also be set up in the Orange County HMIS system to track client information and program outcomes for reporting purposes.

4. Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff would be to complete the tasks specified in the scope of work.

Mercy House anticipates that it will rely on city staff in order to:
 Receive reports and invoices for this project
 Specify information to be included in quarterly reports  Help market the program through whatever channels the City may have available  Send referrals to the program from inquiries received by the City Mercy House does not anticipate that it will require city staff to perform duties in relation to the scope of work other than those outlined above.

5. Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, safe, and cost- effective operations or increased performance capabilities.

Our marketing plan for the program is creative in that it attempts to utilize a number of existing platforms that are well known in the community but not limited to 2-1-1 Orange County to ensure the maximum reach to those in need.

Like our other Homeless Prevention Programs we operate, we will use a Gap Analysis Tool to see if there is any amount of rent that the client is able to pay on their won in order to attempts to stretch funding, and serve as many households as possible.

Lastly, we will use the Homeless Management System (HMIS) to track all clients served by the program. Standard and adhoc reporting capabilities from the system will enable us to look at longer term results of the program including whether or not program participants became homeless after our assistance ended or were able to maintain their housing.

-31-
525

Qualifications and Experience of the Firm
Describe the qualifications and experience of the organization or entity performing services/project within the past eight years that are similar in size and scope to demonstrate competence to perform these services. Information shall include:

1. If the owner is a corporation please provide: Name of corporation, corporate office street address, city, state, and zip code, state where incorporated, date of incorporation, first and last name of officers, local office address, city, state, & zip and the date local office opened its doors for business.

Mercy House Living Centers is a 501(c)3 non-profit entity operating out of administrative offices located at 203 N Golden Circle, Santa Ana, CA 92701. Mercy House Living Centers was incorporated under the name Mercy House Transitional Living Centers on July 1, 1988 in the state of California. Our local office is the same as our administrative headquarters and first opened in September 2019. Officers of Mercy House include Larry Haynes (CEO), Patti Long (COO), Timothy Huynh (Chief Program Officer), Linda Wilson (Chief Housing Officer), Allison Davenport (Chief Strategy and Compliance Officer), and Mary Ellen Gross (Controller).

2. If the owner is a partnership or joint venture, please provide: Name of partnership or joint venture, principal officer street address, city, state, and zip code, state of organization, date or organization, first and last name of general partners, local office address, city, state, and zip code, and date local officer opened its doors for.

This question is not applicable to Mercy House

3. List all businesses owned or controlled by yourself (applicant) or business manager doing similar business in California under another name. List business name and address and specify who owns or controls the business (e.g. self, business manager, etc.)
Mercy House CHDO, Inc. is the housing development arm of Mercy House Living Centers. It’s employees Executive Director, Larry Haynes and Housing Director, Linda Wilson are also employees of Mercy House Living Centers. Mercy House CHDO, Inc. is a separate 501(c)(3) organization with a Board of Directors separate from the Board of Directors of Mercy House Living Centers.

4. List all businesses for which you or your business manager is or was an officer, director, or partner doing similar business in California under another -32-
526

the Costa Mesa Bridge Shelter in 2019.

Program for the City of Costa Mesa continuously since 2008 and became operators of Scope of Work: Mercy House operated a Homeless Prevention and Rapid Rehousing Coordinator, (714) 754-5678
Timeline: 2008-currentContact, Title, and Phone: Mike Linares, CDBG/HOME City of Costa Mesa2.

Management services.

Assistance Program, Permanent Housing with Supportive Services, and Housing

an Access Center, Homeless Prevention, Interim Housing, Tenant-Based Rental the City of Ontario continuously since 2007. These programs in clude Street Outreach,
Scope of Work: Mercy House has provided a variety of homeless service programs for Contact, Title, and Phone: Katyrna Gonzalez, Housing Director, (909) 395-2322 Timeline: 2007-current
City of Ontario

1. we have done in this regard, please see the five contracts and their details listed below:
time has held numerous contracts to provide such services. As a small sample of work Mercy House has been providing
Homeless Prevention services for 23 years a
nd in that
of each background investigation for each contract.
may be contacted regarding your organization’s service record. Provide a sample providing services, and the name, title, and telephone number of the person who description of the scope of work performed, the length of time y ou have been
Costa Mesa, including all public agencies served (if any). For each, provide a brief

6. Provide a
list of current and previous contracts similar to the requirements for Living Centers was providing services starting 1990.
services under its current name for 13 years. P
rior to that Mercy House Transitional
Since our official change of name in 2009, Mercy House Living Centers has provided name?
How m
any years have you been in business under your present business5.

Directors of Mercy House Living Centers.
a separate 501(c)(3) organization with a Board of Directors separate from the Board of Wilson are also employees of Mercy House Living Centers. Mercy House CHDO, Inc. is Centers. It’s employees Executive Director, Larry Hayne s and Housing Director, Linda
Mercy House CHDO, Inc. is the housing development arm of Mercy House Living in position (e.g. self, business manager, etc.)
name. List business name and address, title, date(s) in position; specify who was -33-
527

3. City of Santa Ana
Timeline: 2008-current
Contact, Title, and Phone: Terri Eggers, Homeless Services Manager (714) 647-5378

Scope of Work: Mercy House has provided a Homeless Prevention Program for the City since 2008. Additionally, we provide Rapid Rehousing and Emergency Shelter in partnership with the City.

4. City of Anaheim
Timeline: 2008-current
Contact, Title, and Phone: Albert Ramirez, Project Manager (714) 765-4300 X 4826

Scope of Work: Mercy House has provided a Homeless Prevention Program for the City since 2008. We recently expanded to include a COVID-response Homeless Prevention Program. Additionally, we provide a HOME funded Tenant Based Rental Assistance Program for the City.

5. City of Garden Grove
Timeline: 2016-current
Contact, Title, and Phone: Nate Robbins, Senior Program Specialist (714)741-5206

Scope of Work: Mercy House has provided a Homeless Prevention Program for the City since 2016 and expanded services to include a COVID-response Homeless Prevention Program. Additionally we provided a HOME funded Tenant Based Rental Assistance Program for the city.

7. Submit a description of the organization’s qualifications, experience and abilities that make it uniquely capable to provide the services specified in the Scope of Work.

Since 1999, Mercy House has continually operated a Homeless Prevention program and in that time has served more than 2,700 households, including over 6,000 individuals. As a testament to our Homeless Prevention Program success, to date we have served 159 households, including 231 individuals for FY 22-23. Our fiscal year ends on June 30, 2023 and we anticipate our Homeless Prevention Program to serve approximately 165 households.

The main sources of funding for this program are CDBG, ESG, EFSP, TBRA, private grants and general funds. We work closely with funding cities, 2-1-1, other ESFP- funded agencies, as well as low-income apartment complexes throughout Orange County to receive referrals to the program. Participants in the program receive short- term rental assistance and housing stabilization case management. We utilize a progressive engagement approach to these services to best utilize limited resources. A gap analysis tool is used to compare the household’s income versus expenses. This -34-
528

helps us determine the length of assistance that may be needed as well as any portion of rent that the client may contribute to. Traditionally, clients are recertified for additional assistance every 3 months based on continued need.

We have extensive experience in administering and utilizing federal housing and homeless service funds including ESG, CoC, CDBG, HPRP, NSP, EFSP, HOME, HOPWA grants and various state and local funds. To ensure that we maintain adequate controls in our accounting systems and compliance to all applicable federal regulations, we complete an annual financial audit by an outside firm. We have a demonstrated ability and history of satisfactory capacity and timely drawdowns and single A-133 audits. Our finance and compliance teams regularly attend trainings, seminars, and workshops to stay up to date on regulations for managing the public funds that support our various programs. In addition to our regular annual audit, Mercy House also undergoes several monitoring visits by local jurisdictions that fund our programs and/or by HUD representatives. We have never had any major findings against our agency or programs. When concerns arise, we make modifications to our internal controls to make necessary corrections in a timeline manner and within the timeframe requested by the monitor. We are in good standing with all our federal and private funders. The staff who will be overseeing all of the HOME-ARP funded programs have more than 100 years of combined experience working with homeless and at-risk populations and serve in a number of leadership roles throughout Orange County.

8. The City of Costa Mesa is interested in knowing how Proposers support the communities that they serve. Please provide information on your organization’s participation in local community, charitable and civic organizations and events, including membership in the Costa Mesa Chamber of Commerce, charitable contributions made by your organization, etc.

Mercy House has a strong history of working in and with the City of Costa Mesa.

Through these efforts we have been recognized by City staff and officials for our service to the homeless in the community. Our presence and history with the City of Costa Mesa includes:

Our Executive Director is a long-time resident of Costa Mesa and has extensive knowledge of the needs of not only the homeless in the City but also that of home owners, businesses and other city stakeholders;
 We have been a subrecipient of Costa Mesa CDBG Public Service grants for more than 17 years to operate transitional shelter, homeless prevention and rapid rehousing programs with a history of meeting spending and reporting deadlines and scope of services;
-35-
529

 In 2009, Mercy House was chosen as one of the only two agencies to partner with the City of Costa Mesa to operate a homeless prevention and rapid rehousing program exclusively to Costa Mesa residents;
 We have secured more than $600,000 in California State Emergency Shelter funding, which the City would not otherwise be entitled to, to exclusively provide Costa Mesa homeless residents with Rapid Rehousing services;  We have worked as a consultant to help the City create the Costa Mesa Homeless Task Force spawning the current Network for Homeless Solutions;  We partnered with Vanguard University to conduct a homeless enumeration study for the City;
 We worked with City staff to create a transportation program to bus homeless residents to the Santa Ana Armory Shelter facility;
 We provided housing relocation assistance to guests of the Costa Mesa Motor Inn after its shut down;
 We have provided City staff and Council support in planning efforts and community town hall discussions around permanent supportive housing opportunities within the city;
 We are active members of the Network for Homeless Solutions and have a working relationship with the Lighthouse Church.
 We contracted for over 6 years with the City to provide homeless street outreach in conjunction with the City’s community outreach workers and together have created a seamless outreach service delivery model.
 In 2019, through a competitive process we became operators of the Costa Mesa Bridge Shelter
Financial Capacity
The City is concerned about bidders’ financial capability to perform, therefore, may ask you to provide sufficient data to allow an evaluation of firm’s financial capabilities.

Mercy House welcomes any and all inquiries regarding its financial health and capacity.

Key Personnel
It is essential that the Proposer provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. This Proposer must agree to assign specific individuals to the key positions.
-36-
530

1. Identify the members of the staff who will be assigned to act for Proposer’s firm in key management and filed positions providing the services described in the Proposal, and the functions to be performed by each.

2. Include resumes or curriculum vitae of each such staff member, including name, position, telephone number, email address, education, and years and type of experience. Describe for each such person, the relevant transactions on which they have worked.

Timothy Huynh, Chief Program Officer – Timothy graduated with a Master’s degree in Mathematics, which makes him well-versed in analytics and systems-level thinking.

Prior to his current role with Mercy House which began in January 2020, Timothy was a former employee with Mercy House’s Development Team for 4 years rising to the ranks of Director of Grant Compliance and Data and overseeing the agency’s public grants and compliance program. As Chief Program Officer, Timothy oversees a significant portfolio of program and development activities as well as serves as a critical member of the executive management team. He directly supervises six directors working to build their skills and confidence so that they can mentor, encourage, and motivate other staff.

The portfolio includes: 1) Strategic Leadership and Special Initiatives; 2) Program Oversight including Emergency Shelter and Services, Housing Strategies, Permanent Supportive and Rapid Rehousing Programs; and 3) Development Activities. He may be reached at [email protected] or by phone at 714-836-7188 x 132 Allison Davenport, Chief Strategy and Compliance Officer – Allison has been with Mercy House for over 12 years. She holds a Bachelor of Arts in Anthropology from Cal State Fullerton. Allison is responsible for ensuring effective and compliant service delivery of existing and expansion projects. She manages the agency’s public and private grants including procurement, compliance, contracts, and reporting. She also manages and oversees the agency data and program evaluation. She may be reached at [email protected] or by phone at 714-836-7188 x 114 Carmen Brooks, Data Manager – Serving as Mercy House's Data Manager, Carmen has been with our agency for three years, serving as a Data Analyst and moving up to Data Manager. She holds a Bachelor of Science in Information Technology from University of Maryland and a Master’s of Business Administration. Carmen has multiple years of data and personnel management experience across the fields of healthcare, housing, and homeless services. She may be reached at [email protected].

Melissa Medina, Housing Solutions Administrator –Melissa has five years of experience working with homeless and at-risk populations at Mercy House and holds a Bachelor’s Degree in Economics. Melissa’s primary responsibilities include program management, including budgets, expenditures, and outcomes. She is responsible for leading the team -37-
531

to meet our program goals, increase their professional development, and assure quality control of our services. She may be reached at [email protected] or by phone at 714-836-7188 x 102.

Sandra Ramirez, Housing Solutions Manager – Sandra has several years of experience working with homeless and at-risk populations at Mercy House. As the Program Manager, she is responsible for supervising the Housing Stabilization Case Managers, ensuring quality and compliant service delivery, overseeing quality control of case files, and providing support and guidance to case managers when necessary. She may be reached at [email protected] or by phone at 714-836-7188 x 251.

TBD, Housing Stability Specialist –This position will process incoming applicants, determine eligibility and client need, and coordinate the delivery of rental assistance to Homeless Prevention Households. Services provided by this position will include:
marketing the program to identified channels, conducting an initial needs assessment and determining household rent burden; collaborating with landlords to develop payment schedules and determine arrears, if appropriate; coordinating with the City to process incoming referrals; connecting program invoices to appropriate accounting staff; and communicating with appropriate data personnel for household enrollment into the HMIS system. This individual will report directly to the Housing Solutions Manager, Sandra Ramirez, who may be reached at [email protected] or by phone at 714- 836-7188 x251.

Cost Proposal
Provide a structured cost proposal in a separate cost file. The cost file shall include standard hourly fee schedule, inclusive of all anticipated applicable fees for the types of projects described in this RFP and include classifications or services that can be provided by the proposer.

Proposals shall be valid for a minimum of 180 days following submission.

Please see the cost proposal included as a separate file.

Disclosure
Please disclose any and all past or current business and personal relationships with any current Costa Mesa elected official, appointed official, City employee, or family member of any current Costa mesa elected official, appointed official, or City employee. Any past of current business relationship may not disqualify the firm from consideration.

Mercy House is not aware of any past or ongoing business relationships between itself and affiliates of the City, their family members, or their businesses. -38-
532
Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)

Names Title Phone
___________________________________ ___________________________________

___________________________________ ___________________________________

Federal Tax Identification Number: _ ________________________________

City of Costa Mesa Business License Number: ________________________________________ (If none, you must obtain a Costa Mesa Business License upon award of contract.)

City of Costa Mesa Business License Expiration Date: ________________________________

Larry Haynes President (714) 836-7188 X101 Patti Long Chief Financial Officer (714) 836-7188 X104 Jacob Mize Secretary (714) 836-7188 X142 Please reference Attachment A for a full list of Board Members In process of obtaining
In process of obtaining
4 -39-
533

COMPANY PROFILE & REFERENCES

Company Legal Name: Mercy House Living Centers

Company Legal Status (corporation, partnership, sole proprietor etc.): Corporation Active licenses issued by the California State Contractor’s License Board: Business, Non-profit

Business Address:

Website Address:
807 N. Garfield Street Santa Ana, CA 92702
www.mercyhouse.net
Telephone Number: (714) 836-7188 Facsimile Number: (714) 836-7901

Email Address: [email protected]

Length of time the firm has been in business: 33 years

Length of time at current location: 15 years at business address listed, 33 years in Santa Ana

Is your firm a sole proprietorship doing business under a different name: Yes X_No

If yes, please indicate sole proprietor’s name and the name you are doing business under:

Federal Taxpayer ID Number:

Regular Business Hours: 9AM-5PM, Monday through Friday

Regular holidays and hours when business is closed: All other times, including legal holidays

Contact person in reference to this solicitation: Allison Davenport

Telephone Number: (714) 836-7188 x114 Facsimile Number: (714) 836-7901

Email Address: [email protected]

Contact person for accounts payable: Mary Ellen Gross

Telephone Number: (714) 836-7188 x125

Facsimile Number: (714) 836-7901

Email Address: [email protected]

Name of Project Manager: Sandra Ramirez

Telephone Number: (714) 836-7188 x251

Email Address: [email protected]
Facsimile Number: (714) 836-7901

17 -40-
534
COMPANY PROFILE & REFERENCES (Continued)

Submit the company names, addresses, telephone numbers, email, contact names, and brief contract descriptions of at least three clients, preferably other municipalities for whom comparable projects have been completed or submit letters from your references which include the requested information.

Company Name:

City of Ontario, Housing and Neighborhood Preservation Agency

Contact Name: Katryna Gonzalez, Housing Director

Contract Amount: $1,500,000 annually
Email: [email protected]
Address: 208 West Emporia Street, Ontario CA 91762

Brief Contract Description: Mercy House has provided a variety of homeless service programs for the City of Ontario continuously since 2007. These programs include Street Outreach, an Access Center, Homeless Prevention, Interim Housing, Tenant-Based Rental Assistance Program Permanent Housing with Supportive Services, and Housing Management services.

Company Name: City of Costa Mesa, Housing and Community Development Telephone Number: (714) 754-5678
Contact Name: Mike Linares, CDBG/HOME Coordinator

Contract Amount: $135,000 over time

Email: [email protected]
Address: 77 Fair Dr, Costa Mesa, CA 92626
Brief Contract Description: Mercy House operated a Homeless Prevention and Rapid Rehousing Program for the City of Costa Mesa between 2008-2019.

Company Name: City of Santa Ana

Telephone Number: (714) 647-5378

Contact Name: Terri Eggers, Homeless Services Manager

Contract Amount: $90,000-$130,000 annually

Email: [email protected]

Address: 20 Civic Center Plaza M-25, Santa Ana, CA 92701

Brief Contract Description: Mercy House has provided a Homeless Prevention Program and Rapid
Rehousing Program for the City continously since 2008.

18 -41- 535
19 -42-
536
20 -43-
537
None
21 -44-
538
22 -45-
539

ATTACHMENT A

BOARD ROSTER
-46-
540

Mercy House Board Book | 1

BOARD OF DIRECTORS

Raymond M. Bukaty, Chair
1 Corona
Irvine, CA. 92603
949-854-4241 Home
949-636-0939 Cell
[email protected]
Affiliation: Retired Attorney
Term: 18 Years

Tim Clyde, Vice Chair
Katzkin Automotive Leather
2 Hermosa
Irvine, CA 92620
714-544-7371 Home
714-813-9119 Mobile
[email protected]
affiliation: CEO
Term: 12 Years

William E. Baker, Jr., Assistant Secretary
18301 Hillcrest Avenue
Villa Park, CA 92861
714-998-1232 Home
[email protected]
Affiliation: Attorney
Term: 33 Years

Gary R. Belz
11 Mallard
Irvine, CA 92604
949-551-2783 Home
714-978-1300 Office
714-795-5350 Fax
[email protected]
Affiliation: Certified Public Accountant
Term: 33 Years

Mia Bergman
Kairos Investment Management
28211 Foxwood
Mission Viejo, CA 92692
708-870-6475 Cell
[email protected]
Affiliation: CPA
Term: 2

James Brooks
PO Box 1905
Santa Ana, CA 92702
714-836-7188 x107 Office
[email protected]
Affiliation: Homeless Advocate and formerly
homeless individual

David Brust
Clifford & Bradford
1800 19th St.

Bakersfield, CA 93301
661-428-4834 Cell
[email protected]
Affiliation: Producer
Term: 1 Years

Johnny Bryant
ASL Electric
21791 Sweetgrass Circle
Lake Forest, CA 92630
Affiliation: Owner
949-343-3018 Cell
[email protected]
Term: 2 Year

Mladen Buntich
Mladen Buntich Const. Co., INC
18831 Rockinghorse Lane
Huntington Beach, CA 92648
818-370-2583 Cell
[email protected]
Affiliation: CEO
Term: 4 Years

-47-
541

Mercy House Board Book | 2

Daryl A. Cole, CFP
Cole & Company Wealth Management,
Inc.
1835 W. Orangewood Ave #102
Orange, CA 92868
714-750-3090 x101 Office
714-743-2220 Cell
[email protected]
Affiliation: Business Owner
Term:13 years

Jeremy Elkins
Camino Health Center
30300 Camino Capistrano
San Juan Capistrano, CA 92675
949-240-2030
[email protected]
Affiliation: CEO
Term: 1 year

Phillip R. Kaplan
Umberg Zipser, LLP
1920 Main St #750
Irvine, CA 92614
949-679-0052
[email protected]
Affiliation: Attorney
Term: 9 Years

Marianne R. Koshar
The Boeing Company
2201 Seal Beach Blvd.

MC 110-SB25
Seal Beach, CA 90740-1515
562-225-4780 Cell
[email protected]
Affiliation: HR Director
Term: 1 Years

Richard Lopez
The Boeing Company
2201 Seal Beach Blvd.

MC 110-SB25
Seal Beach, CA 90740-1515
(714) 262-8811 (Cell)
[email protected]
Affiliation: Attorney
Term: 5 Years

Richard K. Masterson
2 Corona
Irvine, CA 92603
949-679-4122 Home
949-394-9916 Cell
[email protected]
Affiliation: Retired Business
Development
Term: 8 Years

Jessica Petrillo
City of Oxnard
435 South D Street
Oxnard CA, 93030
Office Phone: 805 385-8044
Affiliation: Public Sector Homeless
Assistance Program Coordinator
Term: 1 Year

Christie Pettus
Creative Design Consultants, LLC
2915 Redhill Ave. G-201
Costa Mesa, CA 92626
714-641-4868 Office
714-915-5454 Cell
[email protected]
Affiliation: Principle/Director
Term: 13 Years

-48-
542
Mercy House Board Book | 3
Jim Righeimer
Arbor Capital Partners
4040 MacArthur Blvd, Suite 250
Newport Beach, CA 92660
714-404-7567 (Home)
[email protected]
Affiliation: Real Estate Developer
Term: 3 Year
Michael Solo
Diversified Investment Services
3665 S. Bear St.

Santa Ana, CA 92704
(714) 390-0957 (Cell)
[email protected]
Affiliation: CFP
Term: 1 year
Lisa Rumbaugh
Clarity Tax Accounting
17 Serna
Rancho Santa Margarita, CA 92688
949-459-7450 Home
949-280-9401 Cell
[email protected]
Affiliation: Sole Proprietor
Term: 13 Years
-49-
543

To Whom it May Concern:

It has been an honor to work closely with the City of Costa Mesa in various ways over the past 10 years to engage volunteers and help provide supportive services throughout the community to neighbors in need.

This proposal, in response to RFP 23-15.C04715 for “Housing Related Supportive Services For Qualifying Populations” is addressing people experiencing homelessness or home insecurity in the city. This proposal is based on a tried and proven program called the Community Impact Team. If accepted, this proposal will allow us to fill some supportive service gaps that will help this vulnerable population not only re-engage and develop the skills, relationships and habits that will allow them to transition back to work but will address mental health and substance abuse issues in the process. We will also work with the Costa Mesa Bridge Shelter to provide some transportation services to support their work with this population.

As a non-profit organization that was born and has developed here, in Costa Mesa, we are well qualified and have extensive experience in working with this population. Over the past 10 years we have helped 600 + make progress in their life situations. As an organization we are fiscally sustainable based on the variety of churches, businesses, individuals, and grants that help support our work. The Key personnel that will be implementing and executing what we are proposing have a proven track record / reputation in the city and with this population. We already have a working relationship with the city leaders engaged in the homeless arena and would anticipate a seamless ongoing relationship, reporting and updating on progress being made.

The ”Community Impact Team Program” costs roughly $355,000 a year for us to run. It is supported by various public and private means. For budget year 23-24, we are requesting $27,000 to help cover transportation for Community Impact Team members from the shelter to weekly team meetings as well as to a weekly recovery meeting and life skills meeting for the year as well as Costa Mesa specific costs to sponsor 3 projects a week being done in and for Costa Mesa for the months of May & June of 2024. For the 24-25 budget year we are requesting $87,550 and for the 25-26 budget year we are requesting $90,000, the slight bumps are for CPI.

When people experiencing homelessness or facing home insecurity don’t have an accessible, feasible pathway to move forward, that is connected to a relational community of people that can help them take next steps, they lose hope and stay stuck. The Community Impact Team has seen proven results. As participants have engaged with the program, self-esteem, hope and relationships have improved, depression, lack of purpose and isolation have declined. The ongoing connections with our staff and volunteers builds trust, confidence and give participants the support they need to take their next steps.

We sincerely thank you for your consideration.

Ian Stevenson
Executive Director Trellis
Cell: 949-422-5331 711 W 17th St. Ste E5, Costa Mesa CA I 92627 www.wearetrellis.com
Follow us: Facebook I Instagram

-50-
544
RFP23-15.C04715
Request for Proposal For Housing Related Supportive Services For Qualifying Populations

Background and Project Summary
Trellis is a grassroots organization that emerged in Costa Mesa, became a 501 C3 in 2013 and focuses on facilitating collaboration around the city’s greater challenges. In this vein, we were part of the city’s original task force on homelessness in 2011. Responding to the 9 recommendations coming out of that task force, since 2012 we have served by taking on the responsibility of facilitating a Check-In Center, that is run primarily by volunteers from over 14 churches, and various businesses and community members. We have been an ongoing part of the Network for Homeless Solutions since its inception, have helped in street outreach, the various counts that have been done over the years, have mobilized hundreds of volunteers from multiple churches, businesses, and community groups in the Costa Mesa. In 2014, because of the gap that was evident in terms of ways to help people help themselves, raise their self-esteem and establish work habits, we pulled together a team of volunteers and began to run a program called the Community Impact Team.

During all of this and being engaged with the Costa Mesa Network for Homeless Solutions these past 8 years, we understand the nuances, know many of the individuals and have a very strong working knowledge of the homeless challenge. As we continue to engage and be involved with the homeless population, it’s evident that there is a gap in “transitional work” opportunities and processes to help people on the street get back into the flow of contributing to society and discovering or rediscovering their self-worth and the life skills needed to do so.

The Community Impact Team program has a proven track record and is an innovative approach to street outreach. With increased capacity, we can expand the outreach component and engage segments of the city’s homeless population that are typically unresponsive to conventional and traditional outreach efforts and systems of care. We have also discovered there are many people in housing that are on the brink of losing their housing who could benefit from a program like this which would help with homeless prevention. This program not only develops community and a common purpose among the participants but allows us to engage more of the community in being part of the solution by providing projects or opportunities for the team to accomplish.

The clear objectives of this program are to:

1. Engage people defined as “Costa Mesa Homeless” into a program and pathway that can help them re-enter the work force.

2. Provide an avenue for people at risk of becoming homeless to re-engage with work opportunities and maintain their housing scenarios.

3. Increase the self-worth and self-esteem of participants.

4. Involve volunteers, businesses, faith-based organizations and non-profits to provide projects and be part of the solution.

5. Establish a sustainable transitional work program than can serve our community on an ongoing basis.

6. Provide supportive services aimed at removing barriers to employment and housing for individuals experiencing homelessness.

-51-
545
Method of Approach

I.Implementation Plan

1. Weekly - Community Impact Team Meeting
- We market and promote this meeting through relationships with churches, businesses and community members connected to Love Costa Mesa and the Network for Homeless Solutions. - Previous beneficiaries of the program are invited to be part of giving back. - Program is outlined and volunteer opportunities are clearly presented. - Participants willing to start the program by volunteering are identified.

2. Projects that the Community Impact Team will carry out are established with various faith-based organizations, businesses and the city.
• Contracts will be established in some cases.
• MOU Agreements / Financial commitment in others.

3. Outreach to prospective participants in the program will be executed. • Including, but not limited to:
o Clients at the Costa Mesa Bridge Shelter
o Recommendations from the Network for Homeless Solutions Team and any other street outreach service providers working in Costa Mesa. o Housed individuals who could benefit from the program to help maintain their housing are targeted.

4. Weekly Meetings, run by the Program Director and supported by a team of volunteers keeps the momentum rolling, encourages participants and facilitates empowering relationships. At each meeting:
• Attendance is taken.
• We’ll Inspire, Encourage & Empower attendees to take next steps & to make a difference. • There will be training components put in place for life skills and work ethic values. • Participants are presented volunteer projects for the next week. • A Team of volunteer mentors/advocates are connected to program participants. • Participants are linked to vocational training opportunities & organizations for job placement.

5. The flow for engagement and movement through the program is as follows:

A. Engage the masses with Saturday Meetings.

B. Attend 2 meetings before they can volunteer for a project to show they are able to follow through.

C. After 2 meetings they could do a project as a volunteer and are awarded a basic need stipend in appreciation for their engagement.

D. When they have participated in 4 projects, they are interviewed by CIT leadership for next steps and opportunities for work.
- What if they are not ready to be hired?
o Put them on an improvement program
- Next steps would involve training opportunities.
- If they become an employee, they can still come to meetings on Saturday and help develop the program:
o Recruit & bring “volunteers” to meetings with them to become part of the program. o Help/have a role at the meeting and represent the team well.

-52-
546
E. As a part of the program we will be striving to link them to better job opportunities. a. Through Chrysalis
b. Through partner businesses, churches, organizations, cities we work with.

6. Teams will be established that would be able to do:
• Power washing - Basic Painting Projects - Moving
• Office cleaning - Yard work - Window washing
• Handing out flyers - Shuttle Driving for Shelter - Trash Pick up

7. We will measure: (breaking out the Costa Mesa residents in the process) • How many individuals participate in the program?
• How many individuals have engaged with projects?
• How many were transitioned to regular jobs/
• How many got into housing over time?
• How many were able to keep their housing as a result of being part of the program?

- The practical impact of the projects, such as:
o How much trash was picked up?
o How many parks were cleaned?
o How many sidewalks or alleys were power washed or cleaned up?

- How many volunteers are engaged with the program?

II. Achieving client satisfaction and satisfying the “Scope of Work”

As an organization, the following course of action will be taken in order to ensure the City of Costa Mesa, as the client, is satisfied with our performance and understands how we are doing regarding the scope of work outlined in this proposal:

A monthly update:
- Reporting on the above mentioned measurables
- Giving budget updates
- Sharing success stories
- Being transparent about challenges

A monthly check in (meeting or zoom) with the appropriate personnel the client has designated, to:
- Discuss progress, answer questions, brainstorm and share next steps specifically around this program.
- Give us the names and referrals of prospective participants in the program from city staff.

A quarterly report outlining:
- Names and numbers of people who have been engaged at what levels - Cumulative numbers on all the measurables outlined above

An annual review:
- Walking through the scope of work together and evaluating performance - Determining how we want to continue partnering on this project or not - Evaluating budget from prior year and what’s projected for the next year

-53-
547
III. Deliverables to be performed Duration of Time Completion Date

1. Recruit 10-20 volunteers per year Year of program June, 2024

2. Secure ongoing projects for program Ongoing process June, 2024

3. Effective, engaging weekly meetings Ongoing process June, 2024 Curriculum for meetings Throughout program June, 2024

4. 30 participants engaged with homeless
system of care. Within year of program June, 2024

5. Tracking housing support deliveries Sept. onward June 2024

6. Monthly updates & check ins July 2023 – June 2024 June 2024

7. Quarterly Reports Throughout program Oct.1, Jan1, Apr.1, July 1

8. Annual Review End of each year June, 24

IV. Expand Employment and Housing Support Services:

• Expand # of projects for CIT members to engage with in Costa Mesa and provide some part- time employment options for team members to help develop the program. o Costa Mesa Beautification Project Opportunities - 3 Per Week – 4 Member Teams w/ a supervisor (192 Team Member Project Slots)
▪ Street Projects –
• Newport Blvd from Bristol Street to 16th Street
• Harbor Blvd. from Gisler Avenue to Merrimac Way
• Fairview Road from the 405 Freeway overpass to Newport Blvd • Adams Avenue from the Santa Ana River to Harbor Blvd
▪ Park Projects –
• Del Mesa Park
• Tewinkle Park
• Wakeham Park
o Skill Building/ Job Search
▪ Twice per month CIT will provide training alongside local organizations to help with job searches, interview prep, resume building, assistance with documents needed for work, & assistance with clothing for back to work requirements o Part time opportunities
▪ As funding, opportunity and the rite fit for a team member becomes evident, team members can become part time employees on the CIT to help run the program.

• Expand support in housing
o Navigation
▪ Helping CIT members locate available housing
o Security/ Utility Deposits
▪ Helping CIT members with deposits for apartment rental/ utilities ▪ Helping CIT members with Lease Assistance
o Housing Documentation
▪ Helping to ensure CIT members have proper housing documents • Proof of income, credit history, rental history

-54-
548
o Housing supplies
▪ Furniture acquisition (donations) and delivery to people housed ▪ Welcome home boxes (kitchen, bedroom, cleaning)

V. Additional innovative and/or creative approaches for providing services

Provide supportive services aimed at removing barriers to employment and housing for individuals experiencing homelessness. As part of this program there is all kinds of room for increased innovation and creativity as the right individuals, volunteers, leaders and opportunities present themselves. Here are examples of things we envision:

• Engaging members of our target audience with artistic abilities:
o Painting murals
o Developing art skills and having art shows
o Establishing a choir and doing performances

• Collaborate with Non-profits already in place for vocational training & job placement

• Engage business leaders through the Chamber of Commerce to offer apprentice type scenarios for participants

Qualifications & Experience of the Firm:

Trellis International will be responsible for performing the services outlined in this proposal.

General Information:
• Trellis is a 501 C3 non-profit, incorporated in the state of California. • We have been operating as Trellis International since our incorporation in 2013 but generally don’t include the “International” in our name since we are not there yet. • Corporate & Local Address since January 2016: 711 W. 17th Street, Unit E-5 Costa Mesa, CA 92627
• Our Board Officers are:
o Chairman: Mark VanDruff
o Secretary: Helen Kaminski
o Treasurer: Rachel Maxfield
o Executive Director: Ian Stevenson
• Our EIN is 47-5324236
• Trellis also has a DBA as “Love Costa Mesa”

Previous Experience:
• 2022 (Sept.–Dec.) ARPA resources from the county were awarded to Trellis through the city. o CIT teams did 3 projects a week cleaning streets and parks throughout the city. o Team members continue to increase in personal and civic pride and take steps forward and off the streets.
o Overall numbers for 2022 are:

• July 2021 – June 2022 Trellis leveraged CDBG-cv grant resources to help develop and strengthen this program. Reports and results have been exemplary. YTD numbers are:
• 208 Participants - 181 homeless, 27 with housing insecurity • 110 Unique individuals engaged in a program
• 19 Regular volunteers helping facilitate the program • 9 Businesses engaged
• 10 Churches engaged
• 7 Non-profits engaged
-55-
549

• 2017-18 Fiscal Year - Trellis was awarded a CDBG contract with the city of Costa Mesa for homeless outreach work.
o The tracking and results were above and beyond expectation.

• From 2014 to just before COVID shut everything down, Trellis facilitated the Community Impact Team with minimal part time attention and a team of volunteers. Our records indicate:
o 326 Individuals attended a meeting at least once
o 57 stayed engaged enough to get on a team
o 31 of that 57 ended up getting into housing of some sort o 20 of them landed a job/steady work of some sort
o 19 of them went through a culinary arts program with Open Gates o We had steady project agreements established with:
▪ Mariners Church
▪ Newport Rib Company
▪ Cal Bath Restoration
▪ Plant Tenders
o We did numerous other projects with:
▪ Various individuals / homeowners
▪ The Crossing Church
▪ Rock Harbor Church
▪ Lighthouse Community Church

Community Engagement
• Trellis has been a member of the Costa Mesa Chamber of Commerce for 4 years • As part of our ongoing efforts to facilitate collaboration in Costa Mesa we are also involved in leading:
o The Costa Mesa Cares Team that has been responding to COVID needs in the city. ▪ Organized and engaged over 300 volunteers with the Power of One food distributions for 10 straight weeks at the Fairgrounds to serve 30,000 families.
▪ Donated $3,000 to the enough for all fund
▪ Served over 200 families needing assistance during COVID o Love Costa Mesa Day for the past 3 years involving over 2,000 volunteers in 103 different projects impacting thousands of people.
o Labors of Love – monthly volunteer serving projects to help neighbors in need throughout the community.
o Intentional Neighboring throughout the city with over 150 Intentional Neighbors registered.
o An Education Initiative for the past 8 years that has mobilized hundreds of volunteers to impact our schools.
o Prayer efforts in our city that have united hundreds of people over the past 8 years from multiple congregations in their prayer efforts for our city.

-56-
550
Financial Capacity

Trellis is a grass roots organization that has developed and emerged slowly within the Costa Mesa Community over the last 10 years. In that process we have grown each year, have established strong accounting practices and have managed our budget well.

We have a strong base of support as a non-profit with four main streams of revenue:

Individuals who support us (last year we had 361 donors) Faith Based organizations (last year we had 31)
Business sponsorships (last year we had 45 that donated) Grants from both public and private sources

We also have a very capable and competent operations team that will help support our efforts with the Community Impact Team and the staff overseeing the program.

The program (The Community Impact Team) itself costs roughly $300,000 a year to run. Our overall budget this year is roughly $1,000,000.oo. The degree of support we receive will directly affect how many services and opportunities we can provide to the population in need.

Key Personnel

Executive Director - Ian Stevenson
Phone: (949) 422-5331
Email: [email protected]

Ian Stevenson became the full time Executive Director of Trellis in fall of 2015. He is the primary vision caster, developer of strategy and person responsible for expanding our capacity in the organization. A team guy at heart he loves seeing teams develop, grow and become more effective, as a result the work he does with our board, staff and leaders is a joy to him and an outflow of who he is.

Prior to joining Trellis full time, Ian was the Executive Director as a volunteer and a Pastor at The Crossing Church in Costa Mesa, California. He was the church’s second full-time staff member in 1989, and over the next 27 years focused on ministry development, outreach and teaching. He heled lead, manage and grow the church from 40 to approximately 2,000. Ian is an expert in volunteer mobilization and management and has an extensive background in strategic planning, budget preparation, goal setting, and facilitating partnerships. He holds a bachelor’s degree from Jacksonville University.

He will be ultimately responsible for the running of this program. Ian started the program from scratch in 2014 with a team of 7 volunteers. Although day to day responsibilities have been delegated, he will be staying engaged to help make the needed adjustments to the program and connections needed to help ensure it is successful and that we perform on our deliverables.

-57-
551
Program Director – Crystal Clark, Homeless Initiative Director for Trellis Phone: 949) 601-2757
Email: [email protected]

Crystal Clark was born and raised in Costa Mesa. She began volunteering doing street outreach with our homeless population in 2012 and has been involved in some manner ever since. She was contracted to work for the city doing street outreach through Trellis for 3 years, has been on staff at SOS for 3 years and now, as of January 2023, leading the Homeless Initiative for Trellis. Her focus is helping volunteers, churches, businesses and other non-profits collaborate around the challenges related to homelessness. One of the key ways we do that is through the Community Impact Team.

Crystal personally knows the players in the homeless space not only in the city but throughout the county. She is known for helping the toughest cases get the help they need. Her oversight of the Community Impact team brings with is practical support as well as wisdom gained through her experience.

Project Manager – Terry Moore
Phone: (949) 230-9946
Email: [email protected]

Terry has lived in the area for over 40 years. He has volunteered in the homeless arena for the past 13 in various ways and places. Terry is extremely connected in the Costa Mesa & Newport Beach communities from his volunteer work, professional experience and church engagement. Terry not only brings a big heart for people struggling to the table but a professionalism to the program. His numerous connections throughout the community help us secure projects for Community Impact Team members to participate in. Terry also helps recruit, train and empower volunteers that come into the program.

Program Administrator – Ray Nulod
Phone: (949) 310-0948
Email: [email protected]

Ray is a veteran who faithfully served our country. He has an extensive background in hospital administration, is great with people and is a gifted problem solver and peace maker. As a participant in the Community Impact Team Program, we got to see Ray continue to take steps that moved him from living on the streets to getting into housing. Ray became the second participant in the Community Impact Team that became a Project Manager we hired to help run the program.

Rays’ administrative skills, experience as a participant in the program as well as his connection and skill in relating with people experiencing homelessness has proven invaluable as we have been running the program. No doubt Rays’ insights and support both administratively and in managing teams as projects are accomplished will continue to help make this program successful.

-58-
552
Cost Proposal

It costs roughly $355,000 to run this program for the year. Because of a collection of support from the public and private sectors our request here is to fill the gap so we can best serve Costa Mesas’ homeless population.

Having recently been awarded a Community Development Block Grant for this program for $70,000 that will run May 1, 2023 – April 30, 2024 and in order for the program to best serve Costa Mesa individuals experiencing homelessness for the next 3 years, we are proposing:

A. Budget year 23-24 - $29,640 be awarded. This will cover:

1. Transportation costs of to and from Costa Mesa Bridge Shelter for CIT members to:

- weekly team meetings
- weekly Life skills meetings
- weekly recovery meeting
($15,000 for July 2023 – July 2024)

2. Costa Mesa CIT projects being completed 3 X a week May 1, 2024 – June 30, 2024 ($12,200)

3. Housing Support – Helping 2 homeless people per month for the fiscal year get furniture and supplies moved in to their new housing situation. ($2,440)

B. Budget year 24-25 – $87,952 to maintain the program and allow for increased costs of program based on inflation. This accounts for:

1. Transportation costs of to and from Costa Mesa Bridge Shelter for CIT members to:

- weekly team meetings
- weekly Life skills meetings
- weekly recovery meeting
($15,000 for July 1, 2024 – June 30, 2025)

2. Costa Mesa CIT projects being completed 3 X a week July 1, 2024 – June 30, 2024 ($70,512)

3. Housing Support – Helping 2 homeless people per month for the fiscal year get furniture and supplies moved in to their new housing situation. ($2,440)

C. Budget Year 25-26 - $90,590

1. Transportation costs of to and from Costa Mesa Bridge Shelter for CIT members to:

- weekly team meetings
- weekly Life skills meetings
- weekly recovery meeting
($15,000 for July, 1 2025 – June 30, 2026)

2. Costa Mesa CIT projects being completed 3 X a week May 1, 2024 – June 30, 2024 ($70,512)

3. Housing Support – Helping 2 homeless people per month for the fiscal year get furniture and supplies moved in to their new housing situation. ($2,440)

4. Adding 3% CPI ($2,638)
-59-
553
Disclosures

Trellis has no business relationship with any current Costa Mesa elected or appointed official or city employee.

Subrecipient Agreement

We are prepared to sign the Subrecipient agreement as is. -60-
554
-61-
555
-62-
556
-63-
557
-64-
558
-65-
559
-66-
560
-67-
561
-68-
562
-69-
563

-70-
564
-71-
565
-72-
566
-73-
567
-74-
568
-75-
569
-76-
570
-77-
571
-78-
572
-79-
573
-80-
574
-81-
575
-82-
576
-83-
577
-84-
578
-85-
579
-86-
580
-87-
581
-88-
582
-89-
583
-90-
584
-91-
585
-92-
586
-93-
587
-94-
588
-95-
589
-96-
590
-97-
591
-98-
592
-99-
593
1 City of Costa Mesa
Development Services
Attn: Stephanie Urueta

April 10, 2023

RE: HOUSING-RELATED SUPPORTIVE SERVICES FOR QUALIFYING POPULATIONS RFP 23-15

Thank yo
u for the opportunity to submit this proposal for Housing-Related Supportive Services for Qualifying Populations. The goal of the program is to fill supportive service gaps including mental health services, substance abuse services, legal services, wrap-around services, transportation services, landlord -tenant

relations (including emergency rental assistance) and credit repair. The supportive services will help ensure eligible Costa Mesa residents remain stably housed.

Our pro
posed program “Journey to Self-Sufficiency” (JTS) specifically targets the needs of transition-aged, homeless and at-risk youth (ages 18-24) in Costa Mesa. StandUp for Kids-OC will provide 20 homeless youth/families, ages 18-24, full wrap-around support while leading them from crisis to self-sufficiency. Our services include: 1) basic needs (food and hygiene, healthcare, self-care, counseling, transportation); 2) mentoring (life skills, job skills, career counseling, tutoring, employment navigation and work experience); 3) housing support (emergency shelter and rental assistance); and 4) drop-in centers (safe space for meeting, mentoring, counseling, studying, and meals).

We identify homeless Costa Mesa youth during weekly street outreach and through referrals from local law enforcement, schools, crisis hotlines, healthcare agencies and youth organizations. We invite the youth to participate in the SUFK five-step "Journey to Self-Sufficiency" (JTS). Upon agreement, each youth is assigned a mentor, and the youth undergoes a thorough needs assessment and health check where we confirm their current resources, urgent needs and screen for substance use. The mentor builds a trusted relationship with the youth and provides direction, support, encouragement, and accountability, while the youth develops a sense of competence, usefulness, belonging, and empowerment. The mentor guides the youth through the proven JTS process which follows guidelines from the US National Interagency for Homeless Services.

Notably, the SUFK-OC JTS program has been adopted by other agencies serving at-risk youth in Orange County. On average, the JTS mentoring process takes 4-6 months for the youth to complete, at which time the youth is typically self-sufficient and stably housed in permanent housing.

PO Box 14398, Irvine CA 92623-4398 * (714)356-KIDS (5437) * www.standupforkids.org -100-
594
2 The youth receive tapered rental assistance and monthly mentoring until their 12-month check-in, when the program officially ends. The mentor-mentee relationship often continues well beyond the end of the program and many of our clients remain connected to StandUp for Kids-OC as volunteers or staff, helping other youth end the cycle of homelessness.

Through this grant, 20 new, at-risk Costa Mesa youth (5 per quarter), will enter and complete the JTS program. The expected outcome is for each mentored youth to remain stably housed and self-sufficient at their 12-month check-in (based on our proven track record of 99% success).

The total cost of the Costa Mesa Journey to Self-Sufficiency Youth Mentoring program for 20 youth is $107,537. SUFK requests $72,348 to fund the paid program staff, housing assistance and support expenses.

The remaining $35,189, will be covered by SUFK matching funds and covers the cost of internships, mentors, tutors, community outreach, insurance and telecom expense.

SUFK-OC, founded in 2003, is located at 1055 El Camino Dr. Suite E, Costa Mesa, CA 92626. Our mission is to end the cycle of youth homelessness, one youth at a time. We have over 20 years of experience serving homeless and at-risk youth (ages 12-24) across Orange County. In 2022, we served 1,078 unduplicated OC youth. 100% of our mentored school age youth graduated and 99% of our mentored youth, ages 18-24, remained stably housed and self-sufficient at their 12 month check-in.

We c
urrently provide homeless/at-risk youth services in Anaheim, Garden Grove, Huntington Beach, Irvine, Mission Viejo, Santa Ana, and San Juan Capistrano in addition to 5 OC School Districts and Orange County Access (continuation) Schools. We also provide Rapid Rehousing (RRH) services in Irvine, Garden Grove and Anaheim. We have successfully executed over 20 government contracts across Orange County that include street outreach, wrap-around support services, and rapid-rehousing. In all cases, we met the service goals, expended all funds and had no audit findings.

We believe that the StandUp for Kids-OC, “Journey to Self-Sufficiency” youth mentoring program aligns directly with The City of Costa Mesa goals to provide supportive services and housing assistance to vulnerable populations. Each youth served will remain stably housed and become a self-sufficient, productive citizen of Costa Mesa, therefore, ending the cycle of homelessness. We look forward to partnering with the City of Costa Mesa on this important program.

Sincerely,

Justine Palmore
Executive Director, Orange County

PO Box 14398, Irvine CA 92623-4398 * (714)356-KIDS (5437) * www.standupforkids.org

-101-
595
3 CITY OF COSTA MESA

HOUSING-RELATED SUPPORTIVE SERVICES FOR QUALIFYING POPULATIONS RFP NO. 23-15

PROPOSAL FROM STANDUP FOR KIDS - ORANGE COUNTY

1. Background and Project Summary
A. Describe your understanding of the City, the work to be done, and the objectives to be accomplished.

The City of Costa Mesa, is a full-service City, located in Orange County, CA. The City's homeless strategy is based on the proposition that it is less expensive and disruptive for a household to remain housed in their existing home than to be rehoused. To this end, the City will focus its resources on agencies that provide various safety-net services to prevent households from becoming homeless. The City will support programs that provide low-cost meals, counseling, and employment/job skills development services for lower-income individuals.

The City
seeks to provide Housing-related supportive services for Qualifying Populations within the City.

Supportive service gaps identified in the Allocation Plan include mental health services, substance abuse services, legal services, wrap-around services, transportation services, landlord- tenant r elations (including
emergency rental assistance) and credit repair.

Support
ive services are identified as one of four activities eligible for HOME-ARP funding. HOME-ARP funds may be used to provide a broad range of supportive services to qualifying individuals or families. Supportive services include: a) services listed in section 401(29) of the McKinney Vento Homeless Assistance Act ("McKinney-Vento Supportive Services") (42 U.S.C. 11360(29)); b) homelessness prevention services, and c) housing counseling services.

The work to be done by SUFK OC includes:

1. Actively market or assist the City with client outreach and program engagement services.

2. Assist individuals and families in completing intake and verification forms accurately.

3. Develop and maintain appropriate and accurate client and administrative records, and make program records available to the City, HUD, and/or Office of Inspector (OIG) for any monitoring or audits that may be required to ensure program compliance.

4. Select participants that meet the definition of a qualifying population and maintain documentation supporting that this requirement is met.

5. If necessary, provide non-English language interpreter to eligible households.

6. Submit quarterly program status reports to the City of Costa Mesa including information regarding supportive services provided. The report would be due by the fifteenth day of the month after the end of the quarter.

7. Submit other reports and program information as requested by the City.

The City is responsible to HUD for the oversight of the Program and compliance with applicable federal requirements, including the HOME-ARP requirements outlined in Notice CPD-21-10. This will include, but not be limited to, the following:

1. Review program forms and documents.

2. Completing necessary environmental reviews.

3. Provide referrals per HUD guidelines and the City of Costa Mesa program guidelines.

4. Retain the sole authority to determine eligibility for all referrals submitted by the vendor.

5. Provide training and technical assistance to the vendor's staff and notify the vendor of changes in -102-
596
4 regulations, policy, rules, or key City of personnel assigned to the HOME-ARP program.

6. Monitor the vendor's performance by reviewing quarterly reports, including a review of documentation of all supportive services provided and other documentation to ensure program compliance.

2. Method of Approach:

A. Provide a detailed description of the approach and methodology that will be used to fulfill each requirement listed in the Scope of Work.

StandUp for Kids OC only serves the youth population (ages 12-24). Youth have vastly different needs than adults experiencing homelessness. Most have experienced traumatic events before they left home and are traumatized again, while on the street. Homeless youth have significant mental health problems. In 2022, 38% had significant mental health problems, including depression, anxiety disorders, PTSD, suicidal ideation, and substance addiction. 17% used drugs (opiates (64%), methamphetamines (11%), pills and marijuana (16%), and alcohol (9%)). 27% have children, 22% were in foster care, and 29% experienced domestic violence. Over half of the girls we served experienced human trafficking, rape, and/or pregnancy.

Each youth that enters the SUFK OC mentoring program, receives immediate emergency health services, shelter, and basic needs. We provide full wrap-around support during the 6 month mentoring program, including: 1) basic needs (e.g. food and hygiene, healthcare, counseling, transportation); 2) mentoring (life skills, job skills, career counseling, tutoring and experiential learning through internships); 3) housing support (emergency shelter, housing navigation and transition, rental assistance); and 4) drop-in center access (safe space for meeting, mentoring, counseling, training, and meals).

When we identify a youth, ages 18-24, in crisis, we invite them to participate in the SUFK five-step "Journey to Self-Sufficiency" (JTS). Upon agreement, we assign a mentor, and the youth undergoes a thorough needs assessment and health check to confirm their current resources and urgent needs and screen for substance use. The case manager oversees the youths' progress and arranges medical, behavioral, education, housing, and financial services with the support of the SUFK housing navigator and employment navigator. Tutors provide each youth with educational support throughout the program, as needed.

The primary outcome of the JTS program is for each youth to remain stably housed and achieve self- sufficiency. The JTS mentoring program takes on average, 6 months and 99% youth mentored in 2022, remained stably housed and self-sufficient at their 12-month check-in. The key to our success is the trusted relationship developed between the youth and the mentor, who provides direction, support, encouragement, and accountability. The mentor’s goal is to see each youth develop a sense of competence, usefulness, belonging, and empowerment. To achieve this, the mentor guides the youth through the 5-step JTS process: 1) Basic Needs (housing, food, clothing, transportation, rehab, healthcare, self-care), 2) Employment Readiness (ID, resume, attire), 3) Employment Retention (professionalism, timeliness, job skills), 4) Financial Awareness (budgeting, banking, bills, and taxes), and 5) Personal Skills and home management (decision making, personal boundaries, communication, homemaking, rental agreements, leases, deposits). The JTS 5-step program follows guidelines from the US National Interagency for Homeless Services. Notably, the program has been adopted by agencies across Orange County serving homeless and at-risk youth.

We implement specific measures and controls to ensure the success of each client. 1) We measure key emotional assets using a 37-item Youth Asset Survey, administered upon entry to the program and repeated after 6-months. This nationally-recognized survey assesses internal assets such as self-esteem, values, and goals, plus external supports such as role models and community involvement. -103-
597
5 2) We assess program performance and progress on a weekly basis. The case manager is responsible for monitoring the progress of their clients. We use benchmarks to assess readiness for the next step of the program and to measure progress over time. Benchmarks include all the criteria to move through the five steps of JTS. For example, in order to pass through Step 2, Employment Readiness, the youth must meet these benchmarks: 1) receive their Government ID, 2) have an up-to-date and professional resume, and 3) have professional attire for work.
3) The mentor works with the youth to establish and achieve personal milestones, such as completing a sobriety program, getting a GED, repaying debt or reuniting with family.

Both benchmarks and milestones are vital, not only to ensure completion of the program, but to build confidence and to learn accountability.

The proposed Program Schedule, tasks and deliverables to serve 20 Transition Aged Youth (TAY) per year (ages 16-24):

Timeline

Objective Activities Deliverables
Dates TBD

Intake 5 at-risk/
homeless Youth
per quarter:

1. Conduct Weekly Street Outreach

2. Safely House Youth

3. Assign Mentors

4. Complete Intake/Verification
Process

5. Evaluate Emotional Attributes
Per Quarter:

1. Screen 5 homeless/at risk

2. Intake 5 homeless/at risk

3. House 5 homeless/at risk

Dates TBD Youth complete
JTS Mentoring
Program (Avg. 6
months from
intake)
Complete JTS Stages:

1. Basic Needs and Housing

2. Employment Prep / Internship

3. Employment Retention

4. Financial Awareness

5. Personal and Household Mgmt.

Re-evaluate Emotional Attributes at 6
months.

Per Quarter (6 months after
intake):

1. 5 TAY Complete JTS

2. 5 TAY Identify Permanent
Housing

3. 5 TAY Improve in at least
one emotional attribute
Dates TBD Youth Remain
Self-Sufficient
and Stably
Housed (1 year
from intake)

1. Maintain Mentoring Relationship

2. Confirm Stable Employment

3. Confirm Stable Permanent Housing
Per Quarter (1 year from
intake)

1. 5 TAY remain Self-Sufficient
at 12-month check-in

2. 5 TAY remain Stably Housed
at 12-month check-in

StandUp for Kids OC provides innovative and creative approaches to meet the needs of OC youth. StandUp for Kids OC is a volunteer driven organization, which ensures our costs remain low. We have over 100 volunteers, fully trained and supervised by SUFK staff, serving as mentors and tutors, delivering supplies and supporting all programming. In addition, our mentoring program provides full wrap-around support to each youth in the Program, including basic needs, mentoring and access to our “Drop-In” center in Costa Mesa.

The SUFK OC “Journey to Self-Sufficiency” (JTS) mentoring program is the key to our success, built on the trusted relationship developed between the youth and the mentor.

Furthermore, in 2020 StandUp for Kids OC created the Work Activation Readiness Program (WARP), partnering with local businesses to provide youth work experience (internships) that lead to future gainful employment. In addition, in 2021, SUFK OC developed a partnership program with local landlords to increase the supply of affordable housing for youth that complete the JTS mentoring program.

-104-
598
6 SUFK OC will meet each of the responsibilities in the Scope of Work, as follows:

1. Actively market or assist the City with client outreach and program engagement services.

SUFK developed deep partnerships during the past 20 years serving youth in Orange County. In each city served, we partner with law enforcement, courts, youth organizations, schools, and public colleges and universities to obtain direct referrals. Within Costa Mesa, we coordinate with the Network for Homeless Solutions (NHS) to obtain referrals. In addition, we are either members or collaborators with many county- wide agencies serving at-risk youth, including OC211, the OC TAY (Transition Aged Youth) Collaborative, Orange County Human Trafficking Task Force, and OC United to End Homelessness (through United Way).

We work closely with the Orange County Continuum of Care (CoC) and its Coordinated Entry System (CES) and refer clients to CES's participating agencies. The CoC and the Coordinated Entry System (CES) involve many organizations serving at-risk youth with the goal of improving the efficiency and quality of our unified efforts across Orange County.

SUFK OC also performs weekly street outreach within the City to locate at-risk youth where typically hang out. During this process we screen individuals and provide basic needs such as food, water, hygiene items and clothing. We invite youth to participate in the SUFK OC mentoring program and provide referrals to help meet each individual’s needs.

2. Assist individuals and families in completing intake and verification forms accurately.

When we identify a youth in crisis (ages 18-24), we invite them to participate in the SUFK five-step "Journey to Self-Sufficiency" (JTS). SUFK OC follows a standard, HUD compliant, telephone intake process, whereby full demographic information is recorded on the appropriate HUD-approved form.

The intake process includes verifying eligibility for specific programs (e.g., Costa Mesa ties), and accurate completion of verification forms, per program requirements.

The SUFK OC Case Manager is responsible for the accuracy of the client file and administrative records pertaining to the client and the contract. The client file includes intake and eligibility forms, meeting attendance records, support services provided and progress reports from the JTS Mentoring Program. In addition, SUFK OC adheres to all City, HUD and OIG requirements required by the contract. Per the Statement of Work, SUFK OC will maintain and submit adequate information necessary to monitor program accountability and progress in accordance with the terms and conditions of the HOME-ARP program and the executed Agreement. Quarterly program progress reports will be provided. Invoices will be submitted within 60 days after the end of each month.

Over the past 20 years, SUFK OC has performed over 20 government contracts with zero audit findings.

4. Select participants that meet the definition of a qualifying population and maintain documentation supporting that this requirement is met.

SUFK OC will select participants that meet the definition of qualifying population under the City of Costa -105-
599
7 Mesa contract requirements. The SUFK OC intake process includes verifying eligibility for specific contracts (e.g., Costa Mesa HOME), and accurate completion of the verification forms, per contract requirements.

Qualifying Populations for the Costa Mesa HOME contract include:

1. Homeless, as defined in 24 CFR 91.5 Homeless (1), (2), or (3).

2. At risk of Homelessness, as defined in 24 CFR 91.5 At risk of homelessness

3. Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking, as defined by HUD. 24 CFR 5.2003

4. Other Populations where providing supportive services or assistance under section 212(a) of NAHA (42 U.S.C. 12742(a)) would prevent the family's homelessness or would serve those with the greatest risk of housing instability. HUD defines these populations as individuals and households who do not qualify under any of the populations above.

5. If necessary, provide non-English language interpreter to eligible households.

SUFK OC provides both English and Spanish language Case Managers, mentors, and tutors. Should the need arise, SUFK OC will provide a language interpreter to eligible households.

SUFK OC will provide quarterly program status reports to the City of Costa Mesa. With this grant, the goal is to engage 5 new youth per quarter (20 total for the year). The “Journey to Self-sufficiency” (JTS) program begins when a youth agrees to enter the program and ends when the youth completes the 5-step JTS program, is self-sufficient, and stably housed (typically 6 months). The journey formally concludes with a follow-up check-in meeting at 12 months to assess their stability. The expected outcome is that each youth that enters JTS will remain stably housed and self-sufficient through their 12-month check-in (based on our proven track record of 99% success).

7. Submit other reports and program information as requested by the City.

SUFK OC will provide the City of Costa Mesa other reports and program information, as requested.

Per the City requirements, City staff will perform the following tasks:

1. Review program forms and documents.

2. Complete necessary environmental reviews.

3. Provide referrals per HUD guidelines and the City of Costa Mesa program guidelines.

4. Retain the sole authority to determine eligibility for all referrals submitted by the vendor.

5. Provide training and technical assistance to the vendor's staff and notify the vendor of changes in regulations, policy, rules, or key City of personnel assigned to the HOME program.

6. Monitor the vendor's performance by reviewing quarterly reports, including a review of documentation of all supportive services provided and other documentation to ensure program compliance.

3. Qualifications & Experience of the Firm
A. Describe the qualifications and experience of the organization or entity performing services/projects within the past eight years that are similar in size and scope to demonstrate competence to perform these services.

StandUp for Kids Orange County (SUFK-OC), founded in 2003, serves OC youth (ages 12 – 24) who are -106-
600
8 runaways, homeless, at-risk, and aging-out of foster care. StandUp for Kids is a National non-profit corporation founded in 1990, with 16 chapters, each with a common mission to end the cycle of youth homelessness, one youth at a time. Local address and contacts for StandUp for Kids OC:
• Executive Director: Justine Palmore
• Housing and Mentoring Program Director: Denise Zermeno • Physical Location: 1055 El Camino Dr. Ste. E, Costa Mesa, CA 92626 • Mailing address: P.O. Box 14398 Irvine, CA 92623
• Web address: https://www.standupforkids.org/orangecounty/ • Telephone: 714-356-5437
• Tax ID: 33-0414855
National address and contacts for StandUp for Kids:
• 200 Nelson Ferry Road, Suite B, Decatur, GA 30030
• Telephone: 1-800-365-4KID (1-800-365-4543)
• Email: [email protected]
• National Board of Directors (see appendix C Forms):

In addition, each chapter, including Orange County, maintains a Board of Advisors that directs local programming.

SUFK-OC received a total of 25 federal grants in the past 5 years (listed below). For each grant we met or exceeded our service numbers, expended all funds awarded, and had no audit findings. Services included:
• Street Outreach/Referrals/Screening/Qualification
• Youth Intake/Approval/Client File Management
• Voucher Acquisition/Management
• Housing Navigation/Market Evaluation/Selection/Waitlist • Housing Evaluation/Inspection/Re-Inspection
• House Setup/Transition
• Housing Support/Maintenance
• Landlord Relations/Contracts/Disputes/Terminations
• Rental Assistance/Recordkeeping (Rent, Utilities, Deposits, Insurance, etc.) • Client mentoring/training/coaching and support.
• Program and contract management/expense reimbursement/reporting

Year Agency Program Name Grant
2017-18 City of Irvine Outreach for Homeless $10,000.00 2017-18 City of Newport Beach Street Outreach for Homeless $5,000.00 2017-18 City of Fullerton Outreach for Homeless $5,000.00 2018-19 City of Irvine Outreach for Homeless $15,926.00 2018-19 City of Huntington Beach Street Outreach for Homeless $5,000.00 2019-2020 City of Huntington Beach Street Outreach $15,000.00 2019-2020 City of Laguna Niguel Street Outreach $1,000.00 2019-2020 City of Irvine Street Outreach $19,826.00
2019-2020 City of Mission Viejo Street Outreach $4,500.00 2020-2021 City of Huntington Beach Street Outreach $15,000.00 2020-2023 City of Irvine ESG Rapid Rehousing
Contact: See Appendix C
$257,188.00
2020-2023 City of Garden Grove Work Activation & Readiness $150,000.00 2020-2021 City of Laguna Niguel Street Outreach
-107-
601
9 2020-2021 City of Anaheim ESG Rapid Rehousing $33,000.00 2021-2023 City of Garden Grove ESG RRH and Street Outreach Contact: See Appendix C
$102,303.00
2021-2023 City of Anaheim ESG Rapid Rehousing
Contact: See Appendix C
$68,796.00
2021-2022 City of Mission Viejo CSF Street Outreach Consumables $5,000.00 2021-2022 City of Laguna Niguel Street Outreach $1,000.00 2021-2023 City of Irvine Street Outreach & Apt Support $59,932.00 2021-2022 City of Irvine Street Outreach $12,177.00
2022-2023 City of Mission Viejo Street Outreach $2,500.00 2022-2023 City of Mission Viejo CSF Street Outreach Consumables $5,000.00 2022-2023 City of Huntington Beach Street Outreach $14,652.00 2022-2023 City of Laguna Niguel Street Outreach $3,500.00 2022-2024 City of Santa Ana Homeless Services – Century High $54,000.00 2023-2025 City of Irvine Irvine Recovery Plan -JTS Mentoring $113,261.00

Below is a list of the SUFK-OC unique qualifications to perform the Scope of Work:

1. SUFK OC specializes in serving homeless and at-risk youth (ages 12-24). We only serve this population, as their needs are unique, compared to homeless/at-risk adults.

2. We achieve results. In 2022, 100% of our mentored school-aged youth (ages 12-17) graduated (102 enrolled youth) and 99% of our mentored transition-aged youth (ages 18-24) remained stably housed and self-sufficient at their 12-month check-in (268 enrolled youth).

3. SUFK OC, founded in 2003, has 20 years of experience providing housing solutions for homeless and at- risk OC youth ages (12-24).

4. The SUFK OC staff has a combined 40 years of experience serving homeless and at-risk youth in Orange County. Our team of case managers and mentors receive continuous training in order to provide the most comprehensive care possible and ensure the use of best practices. Training includes trauma-informed care, education on client history of adverse childhood experiences, implicit bias identification, mental/behavioral health and coping strategies. Additionally, we have mentors from all backgrounds, cultures and experiences, therefore, we are able to make a positive mentor match with each youth.

5. Over the past 20 years, we developed deep partnerships with many OC organizations serving homeless and at-risk youth, including law enforcement, courts, foster care, healthcare, education, OC 211, youth organizations and the Costa Mesa Network for Homeless Solutions (NHS). As a member of the OC Continuum of Care (CoC), we work collaboratively with OC organizations serving homeless youth including the OC CoC, OC TAY Collaborative, OC Human Trafficking Task Force, OC United to End Homelessness, CityNet and more.

6. SUFK OC has successfully completed over 20 contracts with OC government entities. In each of these contracts, we met each service goal, expended all funds and had no audit findings.

7. Our proven mentoring programs follow guidelines from the US Interagency Council on Homelessness and notably our programs have been adopted by organizations across Orange County serving at-risk youth.

8. We have highly satisfied customers that demonstrate their satisfaction through excellent references and repeat contracts.

5. Financial Capacity
StandUp for Kids Orange County has grown significantly each year as a result of our clients’ success and our dedicated service to the community. The SUFK-OC budget doubled over the past 2 years to $1.194M in 2023. Estimated funding sources in 2023 include:
1) City/County: 30%
2) Fundraising: 25%
3) Corporate and Foundation Grants: 15%
-108-
602
10 4) Private Donations: 15%
5) In-Kind Donations: 15%

We will provide more information regarding our financial resources, upon request.

6. Key Personnel
Staff members at SUFK-OC have accumulated over 40 years’ experience providing services to at-risk and homeless youth. The following persons will be principally responsible for working on the program:

1) Justine Palmore, Executive Director (joined SUFK in 2006), B.S. Human Services. She is responsible for oversight of StandUp for Kids Orange County operations, finance, human resources and reporting. 2) Carlia Oldfather, Director of Program and Business Operations (2016), B.S. in Human Services. She is responsible for client case management, case management oversight, volunteer management, database management and HMIS functions.
3) Denise Zermeno, Director of Housing and Mentoring Programs (2018), B.S. in Child and Adolescent Development. She is responsible for implementation and outcomes for all City and County grants. She oversees and trains the program mentors and is responsible for supervising both the housing and mentoring program staff.
4) Xiomara Cabrera, Mentoring Program Manager (2019), B.S. in Child Adolescent Studies. She is responsible for all preventive programing. She oversees both staff and volunteers, assigns the mentors and monitors client progress.
5) Veronica Hernandez, Case Manager (2021), B.A. in Sociology. The Case Manager monitors client progress and coordinates client services including mentors, tutors, food and hygiene supplies and community supports.
6) Samantha Beer—Housing Coordinator (2020), B.A. in Psychology. The coordinator assists case managers by guiding them on where to locate, secure, and retain affordable permanent housing for their clients. 7) Elle Martinez- Employment Navigator (2020), B.A. in Psychology. The navigator assists case managers and clients to locate, secure, and retain work experience, paid internships, and permanent employment. She helps clients prepare for stable employment through training and workshops.

In addition, StandUp for Kids Orange County has over 100 trained volunteers who are highly skilled, trained and supervised to support all programming. See the resumes of key personnel below:

Justine Palmore (16 years w/SUFK OC)
Executive Director
B. S. Human Services
• Oversees all programs, services, and operations.
• Responsible for all HUD contracts including contract negotiation, monitoring, billing and compliance. • Justine is responsible for raising the organization budget of 1.3m annually. • Evaluates trends in needs & gaps & develops programs to meet those needs. • Sets annual goals and objectives and manages to accomplish them. • Develops and maintains collaborative relationships with community partners including the local Continuum of Care, housing facilities, donors, funders, agencies and programs, to successfully deliver services to youth and their families.
• Develops and maintains relationships with elected government officials to advocate for needs and service opportunities.
-109-
603
11 • Ensures internal audits are completed including audits of client files, internal databases, external databases (compliance with Homeless Information Management System), safety protocols, grant reports, and fiscal controls, etc.
• Responsible for fiscal management and budget tracking. • Responsible for Human Resources and Payroll departments and oversees employee recruitment, training, retention, performance evaluations, and time tracking. • Oversees fundraising, communications, and community outreach in collaboration with Development & Communications department.
• Facilitates regular management and staff meetings; communicating site program, goals and objectives. • Applies over 40 years of experience in finance and entrepreneurship.

Denise Zermeno
Director of Housing and Housing Programs (5 years w/ SUFK OC) B.S. Child & Adolescent Studies
• Provides oversight for Housing Programs and housing components of other programs within StandUp for Kids Orange County including ensuring successful implementation, evaluation and coordination of services.
• Ensures that programs successfully integrate client supportive services and housing components to stabilize and improve participant outcomes.
• Ensures that programs are in compliance with funding regulations, program goals, and stakeholder expectations.
• Provides high level program development, goal setting, and engagement with external stakeholders specific to each program.
• Collaborates regularly with agency management. Participates in regular Senior Management meetings with the Executive Director, and Director of Business & Program Operations to manage finances, human resources, and program operations.
• Provides coaching and direct supervision to all supervised staff. Provide regular and appropriate feedback including training, opportunities for professional growth, verbal and written improvement plans when needed, and regular evaluations.
• Works collaboratively with SUFK OC managers and directors to ensure that a culture of outcome driven performance is maintained, focused on data driven results. • Assists in the creation of the SUFK annual report that describes all service outcomes for internal and external stakeholders.
• Maintains effective public relations. Develops relationships with the community. Serves as a spokesperson for SUFK when called upon.

Carlia Oldfather (7 years w/ SUFK OC)
Direc
tor of Program and Business Operations
B. S. Human Services

• Experienced in all SUFK OC departments (with exception of Marketing & Fundraising). • Responsible for contract negotiations, and managing all programs to successful conclusion • Maintains all SUFK OC business systems, including database and reporting systems. • Performs HMIS Administration for SUFK OC.
• Performs HR representative duties for SUFK OC.
-110-
604
12 • Manages business operations, ensuring SUFK OC team members have the tools and training to do their jobs effectively and efficiently.
• Applies past management experience as army intelligence officer and casino floor manager.

Xiomara Cabrera (4 years w/ SUFK OC)
Mentoring Program Manager
B. S. Adolescent Studies

• Responsible for the overall management of all current programming and new programming. • Responsible for oversight of Anaheim Center site coordinator and all In School mentoring sites, volunteers, interns, tutors and mentors, as assigned by the Director of Mentoring & Housing Programs. • Implements program policy and procedures.
• Conducts training of program coordinators, interns, tutors, volunteers, and youth participants. • Communicates with contractor personnel and community members to achieve program goals. • Gather information to evaluate and adjust programming, as needed. • Supervise volunteers, tutors and assist/oversee all programming assigned. • Represent program in related committees, groups and community functions. • Oversee communication, records, and documentation of all programing assigned. • Oversee program budgets, petty cash, and financial controls.

Veronica Hernandez
Case Manager (2 years w/SUFK OC)
B.A. Sociology

• Conducts outreach as necessary to find clients where they are, to provide services they need, with the mutual goal of becoming self-sufficient and stably housed. • Provides holistic case management by conducting comprehensive screenings and assessments with individuals (or families) to collect functional, environmental, psychosocial, financial, employment, housing, educational, and health information.
• Assesses the barriers that clients are facing and develops a case management plan. • M anages volunteer support team providing client support. • Coordinates the case management plan with clients to meet their short and long term goals. • Provides service linkages and supports systems to ensure client needs are met, such as health care, hygiene items, and referrals to other agencies for permanent supportive housing. • Performs crisis intervention, as needed, and counsels client by confronting issues adversely affecting their lives, such as mental illness, addiction, and abuse. • Completes Client Outcome Matrix and uses Database and HMIS to track and maintain accurate case notes and client and program data files.
• Collaborates with the Case Management Team by attending weekly meetings to discuss the effectiveness of programs and client progress, and create new strategies to meet client’s level of need and improve plans.
• Establishes and maintains confidential case files for clients and prepare required statistical reports for program management and evaluation.

-111-
605
13 Samantha Beer
Housing Coordinator (3 years w/ SUFK OC)
B.A. Psychology
• Coordinates client housing needs for SUFK OC including Rapid Rehousing, Emergency Housing, Temporary Housing, and Permanent housing, including voucher management. • Establishes partnerships with property owners and managers, building strong working relationships.

Aims to increase access to housing for clients. Collaborates effectively with coworkers and partner organizations to support a positive housing experience. • Coordinates client home inspections and repair requests, as needed. • Establishes procurement relationships and inventory management protocols in accordance with HUD directives.
• Identifies and secures safe, sanitary, and affordable housing for newly arriving clients in compliance with established program requirements.
• Coordinates logistics of housing set-ups including acquiring furniture and supplies and arranging delivery, arranging utility hook-ups, facilitating lease signing and renewal, arranging payments, and conducting home safety inspections.
• Coordinates logistical activities related to case management services including transportation and interpretation support provided by interpreters and other team members. • Coordinates the delivery of orientation training for clients. • Provides accurate recordkeeping to meet all program requirements. • Maintains client files and reviews in accordance with HUD and program requirements. • Coordinates HMIS reporting and maintenance.
• Prepares all QPRs, CAPER reports for programs.
• Manages a team of staff, volunteers, and interns in accordance with SUFK Standards.

-112-
606
14 .

.
.

VENDOR APPLICATION

FORM FOR
RFP NO. 23-15 HOUSING RELATED SUPPORTIVE SERVICES FOR QUALIFYING

POPULATIONS
TYPE OF APPLICANT: X NEW 0 CURRENT VENDOR
Legal Contractual Name of Corporation: StandUp for Kids Contact Person for Agreement: Justine Palmore
Title: Executive Director_____ E-Mail Address: [email protected] Business Telephone: 714-356-5437 Business Fax: _
Corporate Mailing Address: P.O. Box 14398
City, State and Zip Code: Irvine, CA 92623
Contact Person for Proposals: Justine [email protected] Title: Executive Director E-Mail Address: [email protected] Business Telephone: 714-356-5437 Business Fax: _ Is your business: (check one)

X NON PROFIT CORPORATION
Is your business: (check one)
□ FOR PROFIT CORPORATION

X CORPORATION
0 INDIVIDUAL
□ PARTNERSHIP
0 LIMITED LIABILITY PARTNERSHIP
0 SOLE PROPRIETORSHIP
0 UNINCORPORATED ASSOCIATION
e
-113-
607
15 Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)

Names Title Contact

Catherine Ballowe Board Vice Chair/ Treasurer [email protected] Sidney Djité Finance Chair [email protected]
Kelly Fields Board Secretary [email protected] Fernando Lamas Member [email protected]
Tim McCormick Member [email protected]
Maggie McWhorter Member
[email protected]
Bonnie O'Hara Marketing Chair [email protected] Kim Sisson Member kims@@standupforkids.org
Kedric Sledge, ED. S Member [email protected] Mark Stevens Member [email protected]
Maria Verastegui Board Chair [email protected]

Federal Tax Identification Number:

City of Costa Mesa Business License Number:
58166

(If none, you must obtain a Costa Mesa Business License upon award of contract.)

City of Costa Mesa Business License Expiration
Date: 1/31/2024

-114-
608
16 EX PARTE COMMUNICATIONS CERTIFICATION

Please indicate by signing below one of the following two statements. Only sign one statement.

Date: 4/10/2023 _

Signature

Justine Palmore
Print

I certify that Proposer and Proposer's representatives have communicated after March 27, 2023 with a City Councilmember concerning informal RFP No. 23-15 HOUSING REALTED SUPPORTIVE SERVICES FOR QUALIFYING POPULATIONS. A copy of all such communications is attached to this form for public distribution.

Date:

Signature

Print
-115-
609
17 DISQUALIFICATION QUESTIONNAIRE

The Contractor shall complete the following questionnaire:

Yes No X

If the answer is yes, explain the circumstances in the following space. -116-
610
18 DISCLOSURE OF GOVERNMENT POSITIONS

Each Proposer shall disclose below whether any owner or employee of Contractor currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None."

NONE
-117-
611
19 COMPANY PROFILE & REFERENCES

Company Legal Name: StandUp for Kids

Company Legal Status (corporation, partnership, sole proprietor etc.): Corporation

Active licenses issued by the California State Contractor's License Board: None

Business Address:

P.O. Box 14398 Irvine, CA 92623
1055 El Camino Dr. Ste. E, Costa Mesa, CA 92626

Website Address: https://www.standupforkids.org/orangecounty

Telephone Number: 714-356-5437

Email Address: [email protected]

Length of time the firm has been in business: 33 years

Length of time at current location: 20 years

Facsimile Number:

Is your firm a sole proprietorship doing business under a different name: _Yes X No

If yes, please indicate sole proprietor's name and the name you are doing business under:

Federal Taxpayer ID Number:

Regular Business Hours: M-F 9AM – 5PM

Regular holidays and hours when business is closed: Federal Holidays

Contact person in reference to this solicitation: Contact person for accounts payable:

Justine Palmore Justine Palmore

Telephone Number: 714-356-5437

Email Address: [email protected]

Name of Project Manager: Denise Zermeno

Telephone Number:
714-356-5437

Email Address: [email protected]
-118-
612
20 COMPANY PROFILE & REFERENCES (Continued)

Company Name: City of Garden Grove, Community and Economic Development Department Telephone Number: (714) 741-5144
Contact Name: Timothy Throne, MPA (Sr. Program Specialist) Contract Amount: $102,303.00
Email: [email protected]
Addre
ss: 11222 Acacia Pkwy, Garden Grove, CA 92840
Brief Contract Description: ESG Rapid Rehousing and Street Outreach

Company Name: City of Anaheim Housing and Community Development Telephone Number: (714) 765-4318
Contact Name: Michelle Gallardo (Project Manager); Eric Chavira (Management Assistant) Contract Amount: $68,796.00 (2021-2023) $33,000 (2020-2021) Email: [email protected] [email protected]
Address: 201 S. Anaheim Blvd. Suite 1003 Anaheim, CA 92805 Brief Contract Description: ESG Rapid Rehousing

Company Name: City of Irvine Community Development Department Telephone Number: 909-476-9696 x 115
Contact Name: Clint Whited
Contract Amount: $59,932.00
Email: [email protected]
Address: 1 Civic Center Plaza P.O. Box 19575 Irvine, California 92623 Brief Contract Description: Street Outreach and Apartment Support

Company Name: City of Mission Viejo Community Service Department Telephone Number: 949-470-8412- direct 949-470-3061- office Contact Name: Leslie McDonald, MPA
Contract Amount: $2,500.00
Email: [email protected]
Address: 200 Civic Center Mission Viejo, CA 92691
Brief Contract Description: Street Outreach

Company Name: City of Huntington Beach Community Development Department Telephone Number: (714) 374-5316
Contact Name: Charles G. Kovac, Housing Manager
Contract Amount: $14,652.00
Email: [email protected]
Address: 2000 Main Street Huntington Beach, CA 92648
Brief Contract Description: Street Outreach

-119-
613
21 BIDDER/APPLICANT/CONTRACTOR CAMPAIGN

CONTRIBUTION DISCLOSURE FORM
Proposer/Consultant/Applicant is required to identify any campaign contribution or cumulative contributions greater than $249 to any city council member in the twelve months prior to submitting an application, proposal, statement of qualifications or bid requiring approval by the City Council.

Except as described above, I/we have not made any campaign contribution in the amount of $250 or more to any Costa Mesa City Council Member in the twelve months preceding this Application/Proposal.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

StandUp for Kids / Justine Palmore

Bidder/Applicant/Proposer

4/10/2023
-120-
614
22 Date
-121-
615
-1-

CITY OF COSTA MESA

SUBRECIPIENT AGREEMENT

WITH COMMUNITY LEGAL AID SOCAL

FOR HOUSING RELATED SPECIAL SERVICES
FOR QUALIFYING POPULATIONS – LEGAL SERVICES
THIS SUBRECIPEINT AGREEMENT (the “Agreement”) is made and entered into as of July 1st, 2023 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation of the State of California whose business address is 77 Fair Drive, Costa Mesa, California 92626 (the “City”) and COMMUNITY LEGAL AID SOCAL , a California nonprofit corporati ons, having its principal office at 2101 N. Tustin Avenue, Tustin, California 92705 (the “Subrecipient”).

WHEREAS, on March 11, 2021, President Joseph R. Biden signed into law the American Rescue Plan Act of 2021 (“ARPA”); and
WHEREAS, to address the need for homelessness assistance and supportive services, $5 billion in federal ARPA funds were appropriated and administered through the federal HOME Investment Partnerships Program (“HOME”); and
WHEREAS, on September 13, 2021, HUD published Notice CPD -21-10 entitled, “Requirements for the Use of Funds in the HOME-American Rescue Plan Program which establishes the requirements for the use of HOME -ARP funds (the “Notice CPD-21-10”) ; and
WHEREAS, on April 8, 2021, the US Department of Housing and Urban De velopment (“HUD”) allocated funds to grantees using the HOME formula established in 24 CFR 92.5 and 92.60; and
WHEREAS, City was allocated $1,816.742.00 (“HOME-ARP Funds”) for housing related supported services for qualifying populations; and
WHEREAS, the City seeks to address the needs and gaps identified in the City’s HOME- ARP Allocation Plan approved by HUD on January 23, 2023; and WHEREAS, supportive services are identified as one of four activities eligible for HOME- ARP funding including: (1) serv ices identified in section 401(29) of the McKinney Vento Homeless Assistance Act (42 USC 11360(29), (2) homelessness prevention services, and (3) housing counseling services.

WHEREAS, the Costa Mesa City Council has authorized the award of HOME-ARP funds to Subrecipient for the purpose of providing no-cost full-scope legal services in housing cases where there is no local government support for eviction defense (“Program”).

ATTACHMENT 3
616
-2-
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements and covenants set forth herein, the City and Subrecipient agree, for themselves and for their respective successors and assigns as follows:

SECTION 1: GENERAL PROGRAM DESCRIPTION; ROLES & RESPONSIBILITIES

1.1 Program Description.

As further described herein and in the City's Scope of Work, attached hereto as Exhibit "A," and Subrecipient's Proposal, attached hereto as Exhibit "B," both of which are incorporated herein, the goal of the Program is to provide housing related supportiv e services to qualifying populations who are current residents of Costa Mesa, or who have strong community ties to Costa Mesa to attain safe, stable, and sanitary housing in order to prevent homelessness or housing insecurity.

1.2 City Role & Responsibilities

The City is responsible to HUD for the oversight of the Program and compliance with applicable federal requirements, including the HOME requirements outlined in 24 CFR Part 92. This will include, but not be limited to, the following:

1.2.1 Program Design. Furnishing the Subrecipient with the Scope of Work and any other Program requirements, including any future changes to HOME regulations or HOME Program guidance issued by HUD;

1.2.2 Environmental Review . Completing necessary environmental reviews and/or determinations pursuant to 24 CFR 92.352 and 24 CFR 58;

1.2.3 IDIS Setup, Drawdown, and Completion . Entering project setup, drawdown, and completion information along with associated reporting in HUD ’s Integrated Disbursement and Information System (“IDIS”); and

1.2.4 Subrecipient Monitoring . Completing remote and on -site monitoring reviews of the Subrecipient’s operation of the program.

1.3 Subrecipient Role and Responsibilities

Subrecipient is responsible for the implementation of the Program, including interaction with applicants to the Program and program recipients . In all cases, Subrecipient will implement the Program in compliance with the City ’s requirements and all applicable federal requirements including Notice CPD -21-10. In no case will the Subrecipient b e considered the “responsible entity” for environmental reviews required under 24 CFR 58.

In this role Subrecipient will:

1.3.1 Marketing. Market and advertise the Program pursuant to the HUD ’s Affirmative Fair Housing Marketing Plan and in accordance with the requirements in 24 617
-3-
CFR 92.351, including the requirements to: (i) identify those portions of the population of the City that are least likely to apply, (ii) establish specific marketing actions (e.g. advertising in specialty publications, native languages, etc.) intended to reach such populations, and (iii) maintain records of the results of such activities;

1.3.2 Application Intake. Develop needed application materials and establish and implement an application process in accordance with the City’s requirements;

1.3.3 Screening. Review individual applications, including income determinations, in accordance with the City’s requirements and the HOME requirements in 24 CFR Part 92 to establish applicant’s eligibility for the Program and notify applicants of their status.

1.3.4 Program Orientation. Provide individual orientations to recipients and participants explaining the Program requirements

1.3.5 Inspections. Where applicable, inspect units to ensure that such units meet the Program’s property standards, including but not limited to conducting visual assessments of potential lead-based paint hazards in any properties constructed prior to 1978 in accordance with 24 CFR Part 35;

1.3.6 Program Policies. Apply the City’s requirements identified in the Scope of Work, including any updates thereto provided by the City pursuant to the notice provisions in Section 5.2 of this Agreement, ensuring that individual awards meet all HOME and Program requirements; and

1.3.7 Management of Program Recipient and Property Participants. Address questions, concerns, or disputes between program recipients and property participants (ladlords), provide clarifications of the City’s requirements, federal requirements, and HOME requirements, and otherwise work with program recipients and other participants to ensure effective and compliant delivery of assistance.

SECTION 2: USE AND DISBURSEMENT OF HOME FUNDS

2.1 HOME-ARP Award

As part of this Agreement, the City is providing up to $250,000.00 in HOME-ARP funding for program and administrative expenses as identified in the Scope of Work. HOME-ARP funding shall be used for the program more specifically described in section 1.1 , in accordance with federal requirements, this Agreement, and the City ’s requirements, to the extent applicable.

2.2 Term

618
-4-
The term of this Agreement shall begin upon the Effective Date and continue for a period of one (1) year ending on June 30, 2024. The term may be extended for up to four (4) years upon mutual written agreement of the parties, subject to the availability and/or allocation of HOME-ARP funds for the Program. Upon expiration of this Agreement, the Subrecipient shall have thirty (30) days to make the final requests for reimbursement.

The recordkeeping and reporting requirements of Sections 3.6 and 3.8 respectively, remain in effect in accordance with the terms of those sections.

2.3 Anticipated Productions

The City and Subrecipient anticipate at least 100 eligible unique individuals or families will receive assistance under this Agreement.

2.4 Project Completion Deadlines

The Subrecipient must provide the City with all necessary project information (i.e. specific recipient information) for entry into IDIS within sixty (60) days of the last payment made pursuant to this Agreement.

2.5 Program Income

City and Subrecipient acknowledge and agree that the design of Program does not anticipate the receipt of "Program Income," as defined in 24 CFR 92.2, by the Subrecipient. Notwithstanding, in the event that any Program Income is received by the Subrecipient, Subrecipient will promptly remit same to the City.

2.6 Disbursement of Funds

Subrecipient must remit disbursement requests (or, in the case where no reimbursement is due, a report explaining inactivity) at least quarterly and may request payments no more than once per month. In all cases, Subrecipient is prohibited from requesting HOME-ARP funds from the City until such funds are needed to pay HOME -ARP-eligible costs.

Requests for disbursements are limited to the amount needed at the time of such request.

2.6.1 Reimbursement Basis . The City will provide HOME -ARP funds to the Subrecipient for Program costs on a quarterly basis subject to, and upon receipt and approval of, (i) an original invoice and (ii) true copies of other receipts, agreements, or other documentation supporting and evidencing how the HOME -ARP funds have been expended during the applicable quarter. Funds will be provided on a reimbursement basis only.

2.6.2 Project Costs. To request payment of allowable costs (i.e., rental or utility assistance), Subrecipient shall submit copies of records dem onstrating payment by the subrecipient (e.g. copies of checks).

619
-5-
All requests for project specific soft costs must be supported by (i) time -sheet documentation for any costs associated with Subrecipient staff, (ii) invoices for any third- party costs, and /or (iii) other source documentation (e.g. receipts and mileage logs for travel expenses, etc.)

2.6.3 Administrative Costs. Administrative costs of the Program are eligible only under general management oversight and coordination at 24 CFR 92.207(a), except that the costs of inspecting the housing and determining the income eligibility of the family are eligible as costs of the Program. Requests for payment of eligible administrative costs must be supported by time -sheet documentation for any costs associa ted with Subrecipient staff, invoices for any third -party costs, and/or similar documentation. Any travel expenses charged (e.g. mileage, per diems, etc.) must be consistent with the travel requirements listed in 2 CFR 200.474.

2.6.4 Final Payment. Subrecipient shall submit a final payment request no later than thirty (30) days following the end of the Term of this Agreement, consistent with Section 2.2 of this Agreement.

SECTION 3: ADMINISTRATIVE AND PROGRAM REQUIREMENTS

3.1 Applicability of Uniform Administrative Requirements

In performing under this Agreement, the requirements of 2 CFR Part 200 apply to the Subrecipient, except for the following provisions: § 200.306, § 200.307, § 200.311 (except as provided in 24 CFR 92.257), § 200.312, § 200.329 , § 200.333, and§ 200.334. The provisions of 2 CFR 200.305 apply as modified by 24 CFR 92.502(c). If there is a conflict between definitions in 2 CFR 200 and 24 CFR Part 92, the definitions in 24 CFR Part 92 govern. While not intended to be an exhaustive l ist, Subrecipient acknowledges that the requirements of 2 CFR 200 include, inter alia, compliance with:

3.1.1 Procurement. Standards and procedures consistent with 2 CFR 200.318 through 200.326 related to the procurement of property or services with HOME -ARP funds.

3.1.2 Audit. The requirement under 2 CFR 200.501 that the Subrecipient must obtain a single -or program -specific audit if, during any given Subrecipient fiscal year, Subrecipient expends more than $750,000 in federal funds; and

3.1.3 Cost Principles. The cost principles included in 2 CFR 200 Subpart F, including that any costs charged to HOME -ARP be supported by adequate documentation, allocable to the program, necessary, and reasonable.

3.2 Administrative Funding

Subject to any funding limit provided in Section 2.1, Subrecipient may use HOME -ARP funds for administrative expenses associated with operating the Program. Eligible 620
-6-
administrative costs include costs associated with activities described in the general management oversight and coordination requirements at 24 CFR 92.207(a) to the extent that such activities are allowable under this Agreement. These include, but may not be limited to, costs associated with coordinating and overseeing the Program; advertising and promoting the Progr am, including affirmatively marketing the Program pursuant to the requirements of 24 CFR 92.351; maintaining appropriate Program records, including financial records, and submitting progress, financial, and other reporting to the City, taking applications, conducting intake interviews, and otherwise processing applications that do not proceed; and conducting required unit inspections.

3.2.1 Treatment of Income Determination and Inspection Costs. Pursuant to 24 CFR 92.209(a), the Subrecipient may also use HOME-ARP project funding for its project-specific soft costs associated with determining the income eligibility and assistance amount for assisted tenants and completing property inspections of units occupied by assisted tenants.

Alternatively, the costs associated with determining the income eligibility and assistance amount for assisted tenants and completing property inspections of unis occupied by assisted tenants, in whole or to the extent they exceed the limit established herein, may be charged as an administrative cost, provided that in no case may a single item of cost be charged both as an administrative expense and as a project -related soft cost as provided for herein.

3.3. Reversion of Assets

Upon receipt of the final payment by the City und er this Agreement and after payment by the Subrecipient of any final eligible costs under this Agreement, the Subrecipient must transfer to the City any remaining HOME -ARP funds on hand and any accounts receivable attributable to the use of HOME-ARP funds to the City.

3.4 Compliance with Other Federal Requirements.

Subrecipient must comply with all applicable federal requirements, including those listed in 24 CFR Part 92, Subpart H and 24 CFR Part 5, Subpart A, and the nondiscrimination requirements of section 282 of the Act, as amended. This includes, but is not lim ited to, compliance with:

3.4.1 Equal Opportunity and Fair Housing. In accordance with 24 CFR 92.351, no person shall on the ground of race, color, religion, sex, disability, familial status, national origin, or age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any Program activity funded in whole or in part from HOME funds. In addition, Subrecipient shall develop and operate the Program in accordance with the requirement contained in 24 CFR 5.105, i ncluding but not limited to the following requirements:

621
-7-
(a) The requirements of the Fair Housing Act (42 U.S.C. 3601 -19) and implementing regulations at 24 CFR Part 100; Executive Order 11063, as amended by Executive Order 12259 (3 CFR1958 B1963 Comp., P. 652 and 3 CFR 1980 Comp., P . 307) (Equal Opportunity in Housing) and implementing regulations at 24 CFR Part 107; and of the Civil Rights Act of 1964 (42 U.S. C. 2000d) (Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 CFR Part 1; (b) The prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S C. 6101-07) and implementing Regulations at 24 CFR Part 146;

(c) The requirements of Section 504 of the Rehabilitation Act o f 1973 (29 U.S. C. 794) and implementing regulations at 24 CFR Part 8;

(d) Section 3 of the Housing and Urban Development Act of 1968 (12 U.S. C. 1701u) and implementing regulations at 24 CFR Part 135;

(e) The requirements of Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107 (3 CFR 1964 -65, Comp., p. 339) (Equal Employment Opportunity) and the implementing regulations issued at 41 CFR Chapter 60;

(f) The requirements of 24 CFR 92.351, 2 CFR 200. 321, Executive Orders 11625, as amended, and 12432 (concerning Minority Business Enterprise), and 12138, as amended (concerning Women’s Business Enterprise); and

(g) The requirements of 24 CFR 5.105(a)(2) requiring that HUD- assisted housing be made available without regard t o actual or perceived sexual orientation, gender identity, or marital status and prohibiting subrecipients, owners, developers, or their agents from inquiring about the sexual orientation or gender identity of an applicant for, or occupant of, HUD -assisted housing for the purpose of determining eligibility for the housing or otherwise making such housing available. This prohibition on inquiries regarding sexual orientation or gender identity does not prohibit any individual from voluntarily self-identifying sexual orientation or gender identity.

3.4.2 Lobbying Disclosure Requirements. In accordance with the requirements of 24 CFR Part 87, the Subrecipient certifies, to the best of its knowledge and belief, that:

(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal load, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

(b) If any funds other than Federa l appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any 622
-8-
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connectio n with this Federal contract, grant, loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

(c) The Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all such lower- tier parties shall certify and disclose accordingly; and

(d) Subrecipient acknowledges that this certification is a material representation of face upon which reliance was placed when this transaction was made or entered into.

Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

3.4.3 Drug-Free Workplace. The drug-free workplace requirements of 2 CFR Part 2429 and City’s Council Policy No. 100-5 attached hereto as Exhibit “C” and incorporated herein;

3.4.4 Debarred or Suspended Entities. By signing this Agreement, Subrecipient certifies that it is not presently listed by a federal agency as debarred, suspended, or proposed for debarment from any federal contract activity. If during the term of this Agreement this information changes, Subrecipient shall notify City without delay. Such notice shall contain all relevant particulars of any debarment, suspension, or proposed department. Further, in carrying out its responsibilities hereunder, Subrecipient will not employ, contract with, or otherwise make sue of subcontractors, service providers, Subrecipients, or any other party that is debarred, suspended, or proposed for debarment from any federal contract activity.

3.4.4 Environmental Review . While the City is responsible for environmental reviews and determinations under this Agreement, Subrecipient will cooperate and assist in documenting the environmental reviews and determinations under this Agreement, Subrecipient will cooperate and assist in documenting the environmental status of each assisted unit, including but not limited to the initial preparation of an Environmental Review for Activity/Project that is Exempt of Categorically Excluded Not Subject to Section 58.5 checklist. In no case will Subrecipient execute an agreement with respect to a specific unit to be assisted without notificati on from the City that the project is either exempt from environmental review or that needed reviews have been completed.

3.4.5 Lead Based Paint. Subrecipient will ensure that all assisted units in properties which were originally constructed prior to 1978 pass a visual assessment pursuant to the requirements of 24 CFR 35.

623
-9-

3.4.6 Conflict of Interest . Pursuant to 24 CFR 92.356, no employee, agent, Subrecipient, officer, or elected official or appointed official of the City or the Subrecipient, Individually know as a “Covered Person,” that exercises or has exercised any functions or responsibilities wit h respect to HOME -assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to HOME- ARP assisted activities, is eligible to receive HOME -ARP assistance under the Program or to have a financial interest or financial interest or financial benefit in any contrast, subcontract, or other agreement with respect to the HOME -ARP funded activities contemplated in this Agreement, or the proceeds from such activities. This provision shall apply to both Covered Persons and those with whom they have business or immediate, family ties, during their tenure with the City or Subrecipient or for one year thereafter.

Immediate family ties include (whether by bloo d, marriage, or adoption) the spouse, parent (including a stepparent), a child (including a stepchild), brother, sister (including a stepbrother or stepsister), grandparent, grandchild, and in -laws of a Covered Person. In the event a Covered Person, or a p erson with whom the Covered Person has business or family ties, is otherwise eligible and applies to the Program, Subrecipient will immediately notify the City. City, in its sole discretion, may pursue an exception from HUD under the provisions of 24 CFR 9 2.356(d) to allow participation notwithstanding the conflict of interest. Only HUD may grant such an exception; neither the City nor the Subrecipient may grant such an exception on its own. Moreover, the City and Subrecipient shall comply with the conflict -of-interest requirements in 2 CFR 200.317 and 2 CFR 200.318 in the procurement of property and services.

3.4.7 Subrecipient Activities. Subrecipient will comply with the reasonable rate of compensation requirements in accordance with 24 CFR 92.358.

3.4.8 Faith -Based Organizations . Faith-based organizations are eligible to participate in the HOME-ARP program on the same basis as any other organization but must comply with the requirements of 24 CFR 5.109.

3.5. VAWA Regulations

The City and Subrecipien t both acknowledge and agree that each are subject to the requirements of 24 CFR 92.359 and 24 CFR 5, Subpart L, which implements provisions f the Violence Against Women Reauthorization Act of 2013 (VAWA). Subrecipient also agrees to follow and implement t he applicable VAWA requirements required by 24 CFR

92.359(g), for all applicants to the Program, and all TBRA recipients for the period that tenant based rental assistance is provided. Moreover, the Subrecipient agrees that all leases that are approved by the Subrecipient shall contain a VAWA lease term/addendum, as described in 24 CFR 92.359(e).

3.6 Recordkeeping

Subrecipient shall maintain detained records of all its activities under this Agreement, including records on all persons served pursuant to th is Agreement, and all required Program records applicable to TBRA assistance that are described in 24 CFR 92.508. 624
-10-
Representatives of the City, HUD (including HUD ’s Office of Inspector General), the Comptroller General of the United States (aka the U.S. Government Accountability Office or “GAO”), or their designees may examine any records or information accumulated pursuant to this Agreement. All confidential information shall be treated as such by all aforementioned City, HUD, or GAO representatives or desi gnees. Subrecipient will maintain administrative and financial records as required by 24 CFR 92.508, applicable to the activities to be carried out under this Agreement, including but not necessarily limited to:

3.6.1 General Administrative and Financial Records.

(a) Information about contractors, vendors, and other service providers to include, but not necessarily be limited to, verification of non -department and suspension, verification of qualifications and experience, legally binding contracts and a greements, invoices and payment records, and related correspondence (see 24 CFR Part 23 and 2 CFR Part 2424);

(b) Financial information including, but not necessarily limited to, audits and related correspondence, accounting and financial records, indirec t cost analyses, and internal controls and reconciliations;

(c) Financial records identifying the source and use of funds for each person assisted under the Program pursuant to this Agreement, as well as well as underlying documentation (e.g. timesheet r ecords, invoices/receipts, proof of payment, etc.) for all costs charged to HOME-ARP;

(d) Records demonstrating compliance with the Uniform Administrative Requirements of 2 CFR 200, as applicable.

3.6.2 HOME-ARP Recipients Records. HOME-ARP recipient re cords in accordance with 24 CFR 92.508(a)(3) that demonstrate that each HOME -ARP assisted tenant met the requirements of the HOME-ARP program, including but not limited to:

(a) Full descriptions of each tenant or family assisted with Program funds, including the location (address of each unit) and the form of TBRA assistance;

(b) The source and application of funds for each HOME-ARP recipient, including supporting documentation in accordance with 2 CFR 200 .302; and records to document the eligibility and permissibility of the HOME-ARP recipient’s costs;

(c) Records, consistent with the Program Guidelines, demonstrating that each HOME-ARP recipient meets the Program’s standards;

(d) Records demonstrating that each assisted recipient or family is income eligible in accordance with 24 CFR 92.203, as modified by Notice CPD -21-10, to the extent applicable;
625
-11-

(e) Copies of all agreements between the Subrecipient and HOME-ARP recipients.

3.6.3 Records of Other Federal Requirements. Other records that include documentation of compliance with other federal requirements in accordance with 24 CFR

92.508 that includes the following requirements to the extent applicable to the Program:
(a) Documentation of Subrecipient ’s efforts to affirmatively further fair housing, including both marketing efforts and records on the extent to which each racial and ethnic group and single -headed households (by gender of household head) applied for, participated in, or benefited from the Program;

(b) Records concerning lead-based paint in accordance with 24 CFR Part 35;

(c) Records related to compliance with the VAWA provisions of 24 CFR 92.359, including but not limited to evidence proper notices were provided to applicants and TBRA recipients and summaries of requests for VAWA protections and actions taken;

(d) Records supporting any requests for exceptions to the conflict of interest provisions in accordance with 24 CFR 92.356; and

(e) Records required by Notice CPD-21-10 for the waivers and suspensions used by the Program, to the extent applicable.

3.7 Record Retention

All Program records shall be maintained by the Subrecipient for a minimum of five (5) years beyond the final payment under t his Agreement. Notwithstanding, if there are litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have commenced before the expiration of the retention periods outlined, such records must be retained until completion of the actions and resolution of all issues or the expiration of the retention period, whichever occurs later.

3.8 Reporting Requirements

The Subrecipient agrees to submit any and all reports required by the City or HUD within thirty (30) days of the City or HUD’s request. Regular quarterly reports including updates on program implementation are due to the City within fifteen (15) days of the end of each quarter on October 15, January 15, April 15 and July 15 during the term of this Agreement.

Using forms approved by the City, such reports may be submitted either in hard -copy or electronically, and will include information on the marketing and startup of the Program, number of applications received, challenges or concerns about implementation, and estimates of the timing of upcoming commitments and expenditures of HOME-ARP funds.

The City reserves the right to unilaterally alter, supplement, or otherwise modify the frequency, content, or form of delivery of required reports as needed to maintain adequate 626
-12-
oversight of the Program, address changes to HOME -ARP regulations, or to addre ss findings related to noncompliance by the Subrecipient.

SECTION 4: DEFAULT, DEMEDIES, AND TERMINATION

4.1. Default

The following are considered a default by the Subrecipient under this Agreement:

(a) Subrecipient fails, in any manner, to fully perform an d carry out any of the terms, covenants, and conditions of this Agreement;

(b) Subrecipient refuses or fails to proceed with the work and tasks contemplated in this Agreement in accordance with such diligence as will ensure their completion within the time fixed by the schedule set forth in this Agreement;

(c) Material noncompliance with any applicable HOME -ARP regulatory requirements in 24 CFR Part 92 or any other applicable federal requirements; or any applicable State or local law, regulation, ordinance, or requirement related to the Program; and

(d) Dissolution or other termination of existence; insolvency; forfeiture of right to do business in the State of California or business failure; appointment of a receiver of any part of the Subrecipient’s property; the calling of any meetings of, or the assignment for the benefit of, creditors of the Subrecipient; or the commencement of any proceedings under any bankruptcy or insolvency laws by or against the Subrecipient which are not dismissed within 60 days.

4.2. Remedies

In the event of default by Subrecipient hereunder, which is not cured within ten (10) days of the mailing of written notice by the City as described in Section 5.4., the City may seek any combination of the following remedies:

(a) Suspend payments u nder this Agreement pending the correction of a default or deficiency;

(b) Disallow part or all of any of the Program or cost hereunder which is not in compliance with this Agreement, the City ’s requirements, applicable federal requirements, or HOME-ARP regulations;

(c) Suspend, in whole or part, this Agreement pending correction; or, following any cure period provided by the City, terminate this Agreement for cause as provided in 2 CFR 200.339;

627
-13-
(d) Recommend to HUD that it initiate suspension or debarment proceed ings as authorized under 2 CFR Part 180;

(e) Take any other action available under 2 CFR 200.338;

(f) Require the repayment of previously disbursed HOME -ARP funds for questioned costs;

(g) Require Subrecipient to participate in training or technical assistance; and

(h) Make use of any other remedies that may be legally available to the City.

4.3 Termination for Convenience

In addition to any termination for cause provided herein, this Agreement may be terminated for convenience by the City upon ten (10) days written notice. In the event of termination under this section, Subrecipient shall suspend the collection of applicati ons and execution of agreements with Program recipients following receipt of such notice.

Subrecipient shall further provide final reporting and a final request for reimbursement within sixty (60) days of any termination under this section. Subrecipient will have no claim of payment or claim of benefit for any cancelled activities undertaken under this Agreement and shall not entitled to, and hereby waives, all claims for lost profits and all other damages and expenses.

SECTION 5: ADDITIONAL PROVISIONS

5.1 Fees to Program Recipients Prohibited

Subrecipient is prohibited from charging application or other fees for the purpose of covering costs of administering the Program.

5.2. Notice

Except in the case of a notice of default, which must be delivered via mail or delivery service, the City may issue written notices as required or anticipated herein to the Subrecipient via email, mail, delivery service, or in person as may be appropriate. Notices delivered via mail or delivery service shall be deemed del ivered two (2) days after being placed in the United States mail or delivery service, postage pre -paid, addressed to the Subrecipient as follows:

Community Legal Aid SoCal
2101 N Tustin Avenue
Tustin, CA 92705
Attn: Shelbie Knox

628
-14-
Notices due to the City shall be in writing and may be delivered via email, mail, delivery service, or in person as may be appropriate. Notwithstanding, a notice of default to the City must be delivered via certified mail with return receipt requested and shall be deemed delivered upon signature of the City’s representative identified below. Notices to the CITY should be addressed as follows:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Mikelle Daily, Grant Administrator

5.3 City Liability

The City shall have no liability except as specifically provided in this Agreement. The City, by execution of this Agreement assumes no liability for damages caused to persons or property by reason of Subrecipient providing goods or services herein or for injury to any employee, agent or subcontractor of the Subrecipient performing under this Agreement.

5.4 Indemnification

Subrecipient shall indemnify, defend and hold free and harmless City, its elected officials officers, employees, agents, and volunteers from and against any and all claims, demands, actions, suits or other legal proceedings brought against City, its elected officials, officers, employees, agents and volunteers, arising out of or relating to the performance of this Agreement by S ubrecipient, its officers, employees, agents, volunteers and/or subcontractors.

Subrecipient shall further indemnify, defend, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from and against any and all claims, demands, suits, actions or proceedings arising from or relating to any failure of Subrecipient to comply with any applicable laws or regulations.

5.5 Insurance

5.5.1 Minimum Scope and Limits of Insurance. Subrecipient shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best ’s Key Insurance Rating Guide, and approved by City:

(a) Commercial general liability, including premises -operations, products/completed operations, broad from property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less and One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.
629
-15-

(b) Bu siness automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage.

Subrecipient agrees to waive, and to obtain endorsements from its workers ’ compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Subrecipient for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

(d) Professional error and omissions (“E &O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Subrecipient shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.

5.5.2 Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:

(a) Additional insureds: “The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to liability arising out of activities performed by or on behalf of the Subrecipient pursuant to its contract with the City; products and completed operations of the Subrecipient; premises owned, occupied or used by the Subrecipient; automobiles owned, leased, hired, or borrowed by the Subrecipient.”

(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”

(c) Other Insurance: “The Subrecipient ’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shal l be excess and not contributing with the insurance provided by this policy.”

(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.

(e) The Subrecipient ’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer ’s liability.
630
-16-

5.5.3 Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an addi tional insured shall contain a provision which requires that no insured except the name insured can satisfy any such deductible or self-insured retention.

5.5.4 Certificates of Insurance. Subrecipient shall provide to City certificates of insurance showing the insurance coverage and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.

5.5.5 Non-Limiting. Nothing in this section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Subrecipient may be held responsible for payments of damages to persons or property.

5.8 Compliance with all Laws

Subrecipient shall comply with all applicable federal, state and local laws and regulations in the performance of this Agreement and shall keep in effect any and all licenses, permits, notices and certificates as are required thereby. Subrecipient shall further comply with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safely in employment; and all other Federal, State, and local laws and ordinances applicable to the services required under this Agreement.

5.9 Independence of Subrecipient

Nothing in this Agreement shall be deemed or construed to represent that Subrecipient, or any of Subrecipient ’s employees or agents, are the agents, representatives, or employees of the City. Subrecipient acknowledges that it is an independent contractor in its performance under this Agreement. Anything in this Agreement that provides the City with the right to direct Subrecipient in its performance of its obligations under this Agreement is solely for purposes of compliance with local, state and federal regulations.

5.10 Binding Effect; Assignment

This Agreement is binding on the City and Subrecipient, and their respective successors and assigns. Subrecipient shall not assign or transfer its interest in this Agreement without the prior written approval of the City which shall be in the City ’s sole and exclusive discretion.

5.11 Amendments

631
-17-
This Agreement may be modified or amended only if the amendment is made in writing and is signed by both parties. Notwithstanding, in the event that (i) HUD imposes new or modified requirements in the HOME -ARP Program through regulati on, administrative notice, publication, or other notice, or (ii) HUD specifically identifies violations of HOME - ARP program requirements pertaining to this Agreement or the Program undertaken hereunder, Subrecipient agrees to comply with any new or modifie d requirements to ensure this Agreement and the activities hereunder remain in or are brought into compliance with such requirements. The City shall provide prompt notice to the Subrecipient of any such modifications. Subrecipient further agrees to execute an amendment to modify the terms of this Agreement in such manner as necessary to formally reflect and implement new HOME requirements or correct identified deficiencies.

5.12 Interpretation; Entire Agreement

This Agreement is the sole agreement between the two parties, an no prior or subsequent discussions, negotiations, or agreements, whether verbally or in writing, shall be merged with this Agreement. Any questions or dispute regarding the interpretation of the terms of this Agreement shall be decided by the City. The City’s decision on any dispute under this Agreement, which shall be decided by the City. The City’s decision on any dispute under this Agreement, which shall be furnished in a manner of its choo sing, shall be final and binding. In the event of a conflict between this Agreement and/or any regulatory requirements, the regulatory requirements control and the City reserves the right to resolve the conflict and determine the Subrecipient’s compliance with such provisions.

5.13. Applicable Law

This Agreement shall be construed and interpreted in accordance with California law. In the event of legal action resulting from a dispute hereunder, the parties agree that the State and Federal courts of the S tate of California shall have jurisdiction and that the proper forum for such action shall be in Orange County, California.

5.14 Headings & Pronouns

The headings in this Agreement are for convenience only and do not affect the meanings or interpretation of the contents. Where appropriate, all personal pronouns used herein, whether used in the masculine, feminine, or neutral gender, shall include all other genders, and singular nouns used herein shall include the plural and vice versa.

5.15 Construction

The parties have participated jointly in the negotiation and drafting of this Agreement and have an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with 632
-18-
its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

5.16 Severability

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shal l continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

5.17 Signature Authority

The persons executing this Agreement on behalf of City and Subrecipient warrant that they are duly authorized to execute this Agreement o n behalf of said parties and that by doing so City and Subrecipient are formally bound to the provisions of this Agreement.

[Signature page follows.]

633
-19-
IN WITNESS WHEREOF , the City and Subrecipient have indicated their acceptance of the terms of this Agreement by their signatures below on the dates indicated.

SUBRECIPIENT

__________________________________ Date: __________________________ Signature

__________________________________
[Name and Title]

CITY OF COSTA MESA

__________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager

ATTEST:

__________________________________
Brenda Green
City Clerk

APPROVED AS TO FORM:

__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney

APPROVED AS TO INSURANCE:

__________________________________ Date: __________________________ Ruth Wang
Risk Management

APPROVED AS TO PURCHASING:

__________________________________ Date: __________________________ Carol Molina
Finance Director
634
-1-

CITY OF COSTA MESA

SUBRECIPIENT AGREEMENT

WITH PROJECT HOPE ALLIANCE

FOR HOUSING RELATED SPECIAL SERVICES
FOR QUALIFYING POPULATIONS – CASE

MANAGEMENT WRAP AROUND SERVICES
THIS SUBRECIPEINT AGREEMENT (the “Agreement”) is made and entered into as of July 1st, 2023 (“ Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation of the State of California whose business address is 77 Fair Drive, Costa Mesa, California 92626 (the “City”) and PROJECT HOPE ALLIANCE, a California nonprofit corporations (the “Subrecipient”).

WHEREAS, on March 11, 2021, President Joseph R. Biden signed into law the American Rescue Plan Act of 2021 (“ARPA”); and
WHEREAS, to address the need for homelessness assistance and supportive services, $5 billion in federal ARPA funds were appropriated and administered through the federal HOME Investment Partnerships Program (“HOME”); and
WHEREAS, on September 13, 2021, HUD published Notice CPD -21-10 entitled, “Requirements for the Use of Funds in the HOME-American Rescue Plan Program which establishes the requirements for the use of HOME -ARP funds (the “Notice CPD-21-10”) ; and
WHEREAS, on April 8, 2021, the US Department of Housing and Urban Development (“HUD”) allocated funds to grantees using the HOME formula established in 24 CFR 92.5 and 92.60; and
WHEREAS, City was allocated $1,816.742.00 (“HOME-ARP Funds”) for housing related supported services for qualifying populations; and
WHEREAS, the City seeks to address the needs and gaps identified in the City’s HOME- ARP Allocation Plan approved by HUD on January 23, 2023; and WHEREAS, supportive services are identified as one of four activities eligible for HOME- ARP funding including: (1) services identified in section 401(29) of the McKinney Vento Homeless Assistance Act (42 USC 11360(29), (2) homelessness prevention services, and (3) housing counseling services.

WHEREAS, the Costa Mesa City Council has authorized the award of HOME-ARP funds to Subrecipient for the purpose of providing on-site case management program, including academic, basic needs, and life skills assistance to qualifying high school students and their families (“Program”).

ATTACHMENT 4
635
-2-
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements and covenants set forth herein, the City and Subrecipient agree, for themselves and for their respective successors and assigns as follows:

SECTION 1: GENERAL PROGRAM DESCRIPTION; ROLES & RESPONSIBILITIES

1.1 Program Description.

1.2 City Role & Responsibilities

1.2.1 Program Design. Furnishing the Subrecipient with the Scope of Work and any other Program requirements, including any future changes to HOME regulations or HOME Program guidance issued by HUD;

1.2.2 Environmental Review . Completing necessary environmental reviews and/or determinations pursuant to 24 CFR 92.352 and 24 CFR 58;

1.2.4 Subrecipient Monitoring . Completing remote and on -site monitoring reviews of the Subrecipient’s operation of the program.

1.3 Subrecipient Role and Responsibilities

Subrecipient is responsible for the implementation of the Program, including interaction with applicants to the Program and program recipients . In all cases, Subrecipient will implement the Program in compliance with the City ’s requirements and all applicable federal requirements including Notice CPD -21-10. In no case will the Su brecipient be considered the “responsible entity” for environmental reviews required under 24 CFR 58.

In this role Subrecipient will:

1.3.1 Marketing. Market and advertise the Program pursuant to the HUD ’s Affirmative Fair Housing Marketing Plan and in accordance with the requirements in 24 636
-3-
CFR 92.351, including the requirements to: (i) identify those portions of the population of the City that are least likely to apply, (ii) establish specific marketing actions (e.g. advertising in specialty publications, native languages, etc.) intended to reach such populations, and (iii) maintain records of the results of such activities;

1.3.2 Application Intake. Develop needed application materials and establish and implement an application process in accordance with the City’s requirements;

1.3.4 Program Orientation. Provide individual orientations to recipients and participants explaining the Program requirements

SECTION 2: USE AND DISBURSEMENT OF HOME FUNDS

2.1 HOME-ARP Award

As part of this Agreement, the City is providing up to $120,000.00 in annual HOME-ARP funding for program and administrative expenses as identified in the Scope of Work .

HOME-ARP funding shall be used for the Program more specifically described in Section

1.1, in accordance with federal requirements, this Agreement, and the City ’s requirements, to the extent applicable.

2.2 Term

637
-4-
The term of this Agreement shall begin upon July 1, 2023, and continue for a period of one (1) year ending on June 30, 2024. The term may be extended for up to four (4) years upon mutual written agreement of the parties, subject to the availability and/or allocation of HOME -ARP funds for the Program. Upon expir ation of this Agreement, the Subrecipient shall have thirty (30) days to make the final requests for reimbursement.

The recordkeeping and reporting requirements of Sections 3.6 and 3.8 respectively, remain in effect in accordance with the terms of those sections.

2.3 Anticipated Productions

The City and Subrecipient anticipate at least 120 eligible unique individuals or families will receive assistance under this Agreement.

2.4 Project Completion Deadlines

2.5 Program Income

2.6 Disbursement of Funds

Requests for disbursements are limited to the amount needed at the time of such request.

2.6.2 Project Costs. To request payment of allowable costs (i.e., rental or utility assistance), Subrecipient shall submit copies of records demonstrating payment by the subrecipient (e.g. copies of checks).

638
-5-
All requests for project specific soft costs must be supported by (i) time -sheet documentation for any costs associated with Subrecipient staff, (ii) invoices for any third- party costs, and/or (iii) other source documentation (e.g. receipt s and mileage logs for travel expenses, etc.)

2.6.3 Administrative Costs. Administrative costs of the Program are eligible only under general management oversight and coordination at 24 CFR 92.207(a), except that the costs of inspecting the housing and determining the income eligibility of the family are eligible as costs of the Program. Requests for payment of eligible administrative costs must be supported by time -sheet documentation for any costs associated with Subrecipient staff, invoices for any thir d-party costs, and/or similar documentation. Any travel expenses charged (e.g. mileage, per diems, etc.) must be consistent with the travel requirements listed in 2 CFR 200.474.

2.6.4 Final Payment. Subrecipient shall submit a final payment request no l ater than thirty (30) days following the end of the Term of this Agreement, consistent with Section 2.2 of this Agreement.

SECTION 3: ADMINISTRATIVE AND PROGRAM REQUIREMENTS

3.1 Applicability of Uniform Administrative Requirements

In performing under this Agreement, the requirements of 2 CFR Part 200 apply to the Subrecipient, except for the following provisions: § 200.306, § 200.307, § 200.311 (except as provided in 24 CFR 92.257), § 200.312, § 200.329, § 200.333, and§ 200.334. The provisions of 2 CFR 200.305 apply as modified by 24 CFR 92.502(c). If there is a conflict between definitions in 2 CFR 200 and 24 CFR Part 92, the definitions in 24 CFR Part 92 govern. While not intended to be an exhaustive list, Subrecipient acknowledges that the requirements of 2 CFR 200 include, inter alia, compliance with:

3.1.1 Procurement. Standards and procedures consistent with 2 CFR 200.318 through 200.326 related to the procurement of property or services with HOME -ARP funds.

3.1.3 Cost Principles . The cost principles included in 2 CFR 200 Subpart F, including that any costs charged to HOME -ARP be supported by adequate documentation, allocable to the program, necessary, and reasonable.

3.2 Administrative Funding

Within the funding limit provided in Section 2.1, Subrecipient may use HOME-ARP funds for administrative expenses associated with operating the Program. Eligible 639
-6-
administrative costs include costs associated with activities described in the general management oversight and coordination requirements at 24 CFR 92.207(a) to the extent that such activities are allowable under this Agreement. These include, but may not be limited to, costs associated with coordinating and overseeing the Program; advertising and promoting the Program, including affirmatively marketing the Program pursua nt to the requirements of 24 CFR 92.351; maintaining appropriate Program records, including financial records, and submitting progress, financial, and other reporting to the City, taking applications, conducting intake interviews, and otherwise processing applications that do not proceed; and conducting required unit inspections.

3.2.1 Treatment of Income Determination and Inspection Costs. Pursuant to 24 CFR 92.209(a), the Subrecipient may also use HOME -ARP project funding for its project-specific soft c osts associated with determining the income eligibility and assistance amount for assisted tenants and completing property inspections of units occupied by assisted tenants.

Alternatively, the costs associated with determining the income eligibility and assistance amount for assisted tenants and completing property inspections of unis occupied by assisted tenants, in whole or to the extent they exceed the limit established herein, may be charged as an administrative cost, provided that in no case may a si ngle item of cost be charged both as an administrative expense and as a project -related soft cost as provided for herein.

3.3. Reversion of Assets

Upon receipt of the final payment by the City under this Agreement and after payment by the Subrecipient of any final eligible costs under this Agreement, the Subrecipient must transfer to the City any remaining HOME -ARP funds on hand and any accounts receivable attributable to the use of HOME-ARP funds to the City.

3.4 Compliance with Other Federal Requirements.

3.4.1 Equal Opportunity and Fair Housing. In accordance with 24 CFR 92.351, no person shall on the ground of race, color, religion, sex, disability, familial status, national origin, or age be excluded from participatio n in, be denied the benefits of, or be subjected to discrimination under any Program activity funded in whole or in part from HOME funds. In addition, Subrecipient shall develop and operate the Program in accordance with the requirement contained in 24 CFR 5.105, including but not limited to the following requirements:

640
-7-
(a) The requirements of the Fair Housing Act (42 U.S.C. 3601 -19) and implementing regulations at 24 CFR Part 100; Executive Order 11063, as amended by Executive Order 12259 (3 CFR1958 B1963 Comp., P. 652 and 3 CFR 1980 Comp., P . 307) (Equal Opportunity in Housing) and implementing regulations at 24 CFR Part 107; and of the Civil Rights Act of 1964 (42 U.S. C. 2000d) (Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 CFR Part 1; (b) The prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S C. 6101-07) and implementing Regulations at 24 CFR Part 146;

(c) The requirements of Section 504 of the Rehabilitat ion Act of 1973 (29 U.S. C. 794) and implementing regulations at 24 CFR Part 8;

(d) Section 3 of the Housing and Urban Development Act of 1968 (12 U.S. C. 1701u) and implementing regulations at 24 CFR Part 135;

(g) The requirements of 24 CFR 5.105(a)(2) requiring that HUD- assisted housing be made available withou t regard to actual or perceived sexual orientation, gender identity, or marital status and prohibiting subrecipients, owners, developers, or their agents from inquiring about the sexual orientation or gender identity of an applicant for, or occupant of, HU D-assisted housing for the purpose of determining eligibility for the housing or otherwise making such housing available. This prohibition on inquiries regarding sexual orientation or gender identity does not prohibit any individual from voluntarily self-identifying sexual orientation or gender identity.

3.4.2 Lobbying Disclosure Requirements. In accordance with the requirements of 24 CFR Part 87, the Subrecipient certifies, to the best of its knowledge and belief, that:

(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any 641
-8-
agency, a Member of Congress, an officer or employee of Congress, or an e mployee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

(d) Subrecipient acknowledges that this certification is a material representation of face upon which reliance was placed when this transaction was made or entered into.

3.4.3 Drug-Free Workplace. The drug-free workplace requirements of 2 CFR Part 2429 and City’s Council Policy No. 100-5 attached hereto as Exhibit “C” and incorporated herein;

3.4.4 Debarred or Suspended Entities. By signing this Agreement, Subrecipient certifies that it is not presently listed by a federal agency as debarred, suspended, or proposed for debarment from any federal contract activity. If during the term of this Agreement this information changes, Subrecipient sha ll notify City without delay. Such notice shall contain all relevant particulars of any debarment, suspension, or proposed department. Further, in carrying out its responsibilities hereunder, Subrecipient will not employ, contract with, or otherwise make s ue of subcontractors, service providers, Subrecipients, or any other party that is debarred, suspended, or proposed for debarment from any federal contract activity.

3.4.4 Environmental Review . While the City is responsible for environmental reviews and determinations under this Agreement, Subrecipient will cooperate and assist in documenting the environmental reviews and determinations under this Agreement, Subrecipient will cooperate and assist in documenting the environmental status of each assisted un it, including but not limited to the initial preparation of an Environmental Review for Activity/Project that is Exempt of Categorically Excluded Not Subject to Section 58.5 checklist. In no case will Subrecipient execute an agreement with respect to a specific unit to be assisted without notification from the City that the project is either exempt from environmental review or that needed reviews have been completed.

3.4.5 Lead Based Paint. Subrecipient will ensure that all assisted units in properties whi ch were originally constructed prior to 1978 pass a visual assessment pursuant to the requirements of 24 CFR 35.

642
-9-

3.4.6 Conflict of Interest . Pursuant to 24 CFR 92.356, no employee, agent, Subrecipient, officer, or elected official or appointed official of the City or the Subrecipient, Individually know as a “Covered Person,” that exercises or has exercised any functions or responsibilities wit h respect to HOME -assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to HOME- ARP assisted activities, is eligible to receive HOME -ARP assistance under the Program or to have a fi nancial interest or financial interest or financial benefit in any contrast, subcontract, or other agreement with respect to the HOME -ARP funded activities contemplated in this Agreement, or the proceeds from such activities. This provision shall apply to both Covered Persons and those with whom they have business or immediate, family ties, during their tenure with the City or Subrecipient or for one year thereafter.

Immediate family ties include (whether by blood, marriage, or adoption) the spouse, parent (including a stepparent), a child (including a stepchild), brother, sister (including a stepbrother or stepsister), grandparent, grandchild, and in -laws of a Covered Person. In the event a Covered Person, or a person with whom the Covered Person has busine ss or family ties, is otherwise eligible and applies to the Program, Subrecipient will immediately notify the City. City, in its sole discretion, may pursue an exception from HUD under the provisions of 24 CFR 92.356(d) to allow participation notwithstandi ng the conflict of interest. Only HUD may grant such an exception; neither the City nor the Subrecipient may grant such an exception on its own. Moreover, the City and Subrecipient shall comply with the conflict -of-interest requirements in 2 CFR 200.317 an d 2 CFR 200.318 in the procurement of property and services.

3.4.7 Subrecipient Activities. Subrecipient will comply with the reasonable rate of compensation requirements in accordance with 24 CFR 92.358.

3.5. VAWA Regulations

The City and Subrecipient both acknowledge and agree t hat each are subject to the requirements of 24 CFR 92.359 and 24 CFR 5, Subpart L, which implements provisions f the Violence Against Women Reauthorization Act of 2013 (VAWA). Subrecipient also agrees to follow and implement the applicable VAWA requirement s required by 24 CFR

3.6 Recordkeeping

Subrecipient shall maintain detained records of all its activities under this Agreement, including records on all persons served pursuant to this Agreement, and all required Program records applicable to TBRA assistance that are described in 24 CFR 92.508. 643
-10-
Representatives of the City, HUD (including HUD ’s Office of Inspector General), the Comptroller General of the United States (aka the U.S. Government Accountability Office or “GAO”), or their designees may examine any records or information accumulated pursuant to this Agreement. All confidential information shall be treated as such by all aforementioned City, HUD, or GAO representatives or designees. Subrecipient will maintain administrative and financial records as required by 24 CFR 92.508, applicable to the activities to be carried out under this Agreement, including but not necessarily limited to:

3.6.1 General Administrative and Financial Records.

(a) Information about contractors, vendors, and other service providers to include, but not necessarily be limited to, verification of non -department and suspension, verification of qualifications and experience, legally binding contracts and agreements, invoices and payment records, and related correspondence (see 24 CFR Part 23 and 2 CFR Part 2424);

(b) Financial information including, but not necessarily limited to, audits and related correspondence, accounting and financial records, indirect cost analyses, and internal controls and reconciliations;

(c) Financial records identifying the source and use of funds for each person assisted under the Program pursuant to this Agreement, as well as well as underlying documentation (e.g. timesheet records, invoices/receipts, proof of payment, etc.) for all costs charged to HOME-ARP;

(d) Records demonstrating compliance with the Uniform Administrative Requirements of 2 CFR 200, as applicable.

3.6.2 HOME-ARP Recipients Records. HOME-ARP recipient records in accordance with 24 CFR 92.508(a)(3) that demonstrate that each HOME -ARP assisted tenant met the requirements of the HOME-ARP program, including but not limited to:

(a) Full descriptions of each tenant or family assisted with Program funds, including the location (address of each unit) and the form of TBRA assistance;

(c) Records, consistent with the Program Guidelines, demonstrating that each HOME-ARP recipient meets the Program’s standards;

(d) Records demonstrating that each assisted recipient or family is income eligible in accordance with 24 CFR 92.203, as modified by Notice CPD -21-10, to the extent applicable;
644
-11-

(e) Copies of all agreements between the Subrecipient and HOME-ARP recipients.

3.6.3 Records of Other Federal Requirements. Other records that include documentation of compliance with other federal requirements in accordance with 24 CFR

92.508 that includes the following requirements to the extent applicable to the Program:
(a) Documentation of Subrecipient ’s efforts to affirmatively further fair housing, including both marketing efforts and records on the extent to which each racial and ethnic group and single -headed households (by gender of hous ehold head) applied for, participated in, or benefited from the Program;

(b) Records concerning lead-based paint in accordance with 24 CFR Part 35;

(d) Records supporting any requests for exceptions to the conflict of interest provisions in accordance with 24 CFR 92.356; and

(e) Records required by Notice CPD-21-10 for the waivers and suspensions used by the Program, to the extent applicable.

3.7 Record Retention

All Program records shall be maintained by the Subrecipient for a minimum of five (5) years beyond the final payment under this Agreement. Notwithstanding, if there are litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have commenced before the expiration of the retention periods outlined, such records must be retained until completion of the actions and resolution of all issues or the expiration of the retention period, whichever occurs later.

3.8 Reporting Requirements

The City re serves the right to unilaterally alter, supplement, or otherwise modify the frequency, content, or form of delivery of required reports as needed to maintain adequate 645
-12-
oversight of the Program, address changes to HOME -ARP regulations, or to address findings related to noncompliance by the Subrecipient.

SECTION 4: DEFAULT, DEMEDIES, AND TERMINATION

4.1. Default

The following are considered a default by the Subrecipient under this Agreement:

(a) Subrecipient fails, in any manner, to fully perform and carry out any of the terms, covenants, and conditions of this Agreement;

(b) Subrecipient refuses or fails to proceed with the work and tasks contemplated in this Agreement in accordance with such dili gence as will ensure their completion within the time fixed by the schedule set forth in this Agreement;

(d) Dissolution or other termination of existence; insolvency; forfeiture of right to do business in the State of California or business failure; appointment of a r eceiver of any part of the Subrecipient’s property; the calling of any meetings of, or the assignment for the benefit of, creditors of the Subrecipient; or the commencement of any proceedings under any bankruptcy or insolvency laws by or against the Subrec ipient which are not dismissed within 60 days.

4.2. Remedies

(a) Suspend payments under this Agreement pending the correction of a default or deficiency;

(b) Disallow part or all of any of the Program or cost hereunder which is not in compliance with this Agreement, the City ’s requi rements, applicable federal requirements, or HOME-ARP regulations;

(c) Suspend, in whole or part, this Agreement pending correction; or, following any cure period provided by the City, terminate this Agreement for cause as provided in 2 CFR 200.339;

646
-13-
(d) Recommend to HUD that it initiate suspension or debarment proceedings as authorized under 2 CFR Part 180;

(e) Take any other action available under 2 CFR 200.338;

(f) Require the repayment of previously disbursed HOME -ARP funds for questioned costs;

(g) Require Subrecipient to participate in training or technical assistance; and

(h) Make use of any other remedies that may be legally available to the City.

4.3 Termination for Convenience

SECTION 5: ADDITIONAL PROVISIONS

5.1 Fees to Program Recipients Prohibited

Subrecipient is prohibited from charging application or other fees for the purpose of covering costs of administering the Program.

5.2. Notice

Project Hope Alliance
1954 Placentia Avenue, Suite 202
Costa Mesa, CA 92627
Attn: John Eumurian

647
-14-

Notices due to the City shall be in writing and may be delivered via email, mail, delivery service, or in person as may be appropriate. Notwithstanding, a notice of default to the City must be delivered via certified mail with return receipt requested and shall be deemed delivered upon signature of the City’s representative identified below. Notices to the CITY should be addressed as follows:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Mikelle Daily, Grant Administrator

5.3 City Liability

5.4 Indemnification

5.5 Insurance

(a) Commercial general liability, including premises -operations, products/completed operations, broad from property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less and 648
-15-
One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.

5.5.2 Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:

(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.

649
-16-
(e) The Subrecipient ’s insurance shall apply separately to e ach insured against whom claim is made or suit is brought, except with respect to the limits of the insurer ’s liability.

5.5.3 Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide su ch coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the name insured can satisfy any such deductible or self-insured retention.

5.5.4 Certificates of Insurance. Subrecipient shall provide to City certificates of insurance showing the insurance coverage and required endorsements described above, in a form and cont ent approved by City, prior to performing any services under this Agreement.

5.8 Compliance with all Laws

Subrecipient shall comply with all applicable federal, state and local laws and regulations in the performance of this Agreement and shall keep in effect any and all licenses, permits, notices and certificates as are required thereby. Subrecipient shall further comply with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensatio n insurance and safely in employment; and all other Federal, State, and local laws and ordinances applicable to the services required under this Agreement.

5.9 Independence of Subrecipient

Nothing in this Agreement shall be deemed or construed to represe nt that Subrecipient, or any of Subrecipient ’s employees or agents, are the agents, representatives, or employees of the City. Subrecipient acknowledges that it is an independent contractor in its performance under this Agreement. Anything in this Agreement that provides the City with the right to direct Subrecipient in its performance of its obligations under this Agreement is solely for purposes of compliance with local, state and federal regulations.

5.10 Binding Effect; Assignment

5.11 Amendments

This Agreement may be modified or amended only if the amendment is made in writing and is signed by both parties. Notwithstanding, in the event that (i) HUD imposes new or modified requirements in the HOME -ARP Program through regulation, administrative notice, publication, or other notice, or (ii) HUD specifically identifies violations of HOME - ARP program requirements pertaining to this Agreement or the Program undertaken hereunder, Subrecipient agrees to compl y with any new or modified requirements to ensure this Agreement and the activities hereunder remain in or are brought into compliance with such requirements. The City shall provide prompt notice to the Subrecipient of any such modifications. Subrecipient further agrees to execute an amendment to modify the terms of this Agreement in such manner as necessary to formally reflect and implement new HOME requirements or correct identified deficiencies.

5.12 Interpretation; Entire Agreement

This Agreement is the sole agreement between the two parties, an no prior or subsequent discussions, negotiations, or agreements, whether verbally or in writing, shall be merged with this Agreement. Any questions or dispute regarding the interpretation of the terms of this Agreement shall be decided by the City. The City’s decision on any dispute under this Agreement, which shall be decided by the City. The City’s decision on any dispute under this Agreement, which shall be furnished in a manner of its choosing, shall be fina l and binding. In the event of a conflict between this Agreement and/or any regulatory requirements, the regulatory requirements control and the City reserves the right to resolve the conflict and determine the Subrecipient’s compliance with such provisions.

5.13. Applicable Law

This Agreement shall be construed and interpreted in accordance with California law. In the event of legal action resulting from a dispute hereunder, the parties agree that the State and Federal courts of the State of California shall have jurisdiction and that the proper forum for such action shall be in Orange County, California.

5.14 Headings & Pronouns

The headings in this Agreement are for convenience only and do not affect the meanings or interpretation of the contents. W here appropriate, all personal pronouns used herein, whether used in the masculine, feminine, or neutral gender, shall include all other genders, and singular nouns used herein shall include the plural and vice versa.

5.15 Construction

The parties have participated jointly in the negotiation and drafting of this Agreement and have an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an 651
-18-
ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

5.16 Severability

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be va lid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision it would become valid and enforceable, then such provisio n shall be deemed to be written, construed, and enforced as so limited.

5.17 Signature Authority

The persons executing this Agreement on behalf of City and Subrecipient warrant that they are duly authorized to execute this Agreement on behalf of said pa rties and that by doing so City and Subrecipient are formally bound to the provisions of this Agreement.

[Signature page follows.]

652
-19-
IN WITNESS WHEREOF , the City and Subrecipient have indicated their acceptance of the terms of this Agreement by their signatures below on the dates indicated.

SUBRECIPIENT

__________________________________ Date: __________________________ Signature

__________________________________
[Name and Title]

CITY OF COSTA MESA

__________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager

ATTEST:

__________________________________
Brenda Green
City Clerk

APPROVED AS TO FORM:

__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney

APPROVED AS TO INSURANCE:

__________________________________ Date: __________________________ Ruth Wang
Risk Management

APPROVED AS TO PURCHASING:

__________________________________ Date: __________________________ Carol Molina
Finance Director
653
-1-

CITY OF COSTA MESA

SUBRECIPIENT AGREEMENT

WITH STAND UP FOR KIDS

FOR HOUSING RELATED SPECIAL SERVICES
FOR QUALIFYING POPULATIONS – WRAP AROUND SERVICES FOR YOUTH THIS SUBRECIPEINT AGREEMENT (the “Agreement”) is made and entered into as of July 1st, 2023 (“ Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation of the State of California whose business address is 77 Fair Drive, Costa Mesa, California 92626 (the “City”) and STAND UP FOR KIDS , a California nonprofit corporation (the “Subrecipient”).

WHEREAS, on March 11, 2021, President Joseph R. Biden signed into law the American Rescue Plan Act of 2021 (“ARPA”); and
WHEREAS, to address the need for homelessness assistance and supportive services, $5 billion in federal ARPA funds were appropriated and administered through the federal HOME Investment Partnerships Program (“HOME”); and
WHEREAS, on September 13, 2021, HUD published Notice CPD -21-10 entitled, “Requirements for the Use of Funds in the HOME-American Rescue Plan Program which establishes the requirements for the use of HOME -ARP funds (the “Notice CPD-21-10”) ; and
WHEREAS, on April 8, 2021, the US Department of Housing and Urban Development (“HUD”) allocated funds to grantees using the HOME formula established in 24 CFR 92.5 and 92.60; and
WHEREAS, City was allocated $1,816.742.00 (“HOME-ARP Funds”) for housing related supported services for qualifying populations; and
WHEREAS, the City seeks to address the needs and gaps identified in the City’s HOME- ARP Allocation Plan approved by HUD on January 23, 2023; and WHEREAS, supportive services are identified as one of four activities eligible for HOME- ARP funding including: (1) services identified in section 401(29) of the McKinney Vento Homeless Assistance Act (42 USC 11360(29), (2) homelessness prevention services, and (3) housing counseling services.

WHEREAS, the Costa Mesa City Council has authorized the award of HOME-ARP funds to Subrecipient for the purpose of providing mental health services, substance ab use services, legal services, wrap -around services, transportation services, landlord -tenant relations, and credit repair to transition aged, homeless, and at risk youth (ages 18-24) (“Program”).

ATTACHMENT 5
654
-2-
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements and covenants set forth herein, the City and Subrecipient agree, for themselves and for their respective successors and assigns as follows:

SECTION 1: GENERAL PROGRAM DESCRIPTION; ROLES & RESPONSIBILITIES

1.1 Program Description.

As further described herein and in the City's Scope of Work, attached hereto as Exhibit "A," and Subrecipient's Proposal, attached hereto as Exhibit "B," both of which are incorporated herein, the goal of the Program is to provide housing related supportive services to qualifying populations who are current residents of Costa Mesa, or who have strong community ties to Costa Mesa to attain safe, stable, and sanitary housing in order to prevent homelessness or housing insecurity.

1.2 City Role & Responsibilities

1.2.1 Program Design. Furnishing the Subrecipient with the Scope of Work and any other Program requirements, including any future changes to HOME regulations or HOME Program guidance issued by HUD;

1.2.2 Environmental Review . Completing necessary environmen tal reviews and/or determinations pursuant to 24 CFR 92.352 and 24 CFR 58;

1.2.4 Subrecipient Monitoring . Completing remote and on -site monitoring reviews of the Subrecipient’s operation of the program.

1.3 Subrecipient Role and Responsibilities

Subrecipient is responsible for the implementation of the Program, including interaction with applicants to the Program and program recipients . In all cases, Subrecipient will implement the Program in compliance with the City ’s requirements and all applicable federal requirements including Notice CPD -21-10. In no case will the Subrecipient be considered the “responsible entity” for environmental reviews required under 24 CFR 58.

In this role Subrecipient will:

1.3.1 Marketing. Market and advertise the Program pursuant to the HUD ’s Affirmative Fair Housing Marketi ng Plan and in accordance with the requirements in 24 655
-3-
CFR 92.351, including the requirements to: (i) identify those portions of the population of the City that are least likely to apply, (ii) establish specific marketing actions (e.g. advertising in specia lty publications, native languages, etc.) intended to reach such populations, and (iii) maintain records of the results of such activities;

1.3.2 Application Intake. Develop needed application materials and establish and implement an application process in accordance with the City’s requirements;

1.3.4 Program Orientation. Provide individual orientations to recipients and participants explaining the Program requirements

SECTION 2: USE AND DISBURSEMENT OF HOME FUNDS

2.1 HOME-ARP Award

As part of this Agreement, the City is providing up to $ 72,348.00 in HOME-ARP funding for program and administrative expenses as identified in the Scope of Work. HOME-ARP funding shall be used for the Program more specifically described in Section 1.1, in accordance with federal requirements, this Agreement, and the City’s requirements, to the extent applicable.

2.2 Term

656
-4-
The term of this Agreement shall begin upon July 1, 2023, and continue for a period of one (1) year ending on June 30, 2024. The term may be extended for up to four (4) years upon mutual written agreement of the parties, subject to the availability and/or allocation of HOME -ARP funds for the Program. Upon expiration of this Agreement, the Subrecipient shall have thirty (30) days to make the final requests for reimbursement.

The recordkeeping and reporting requirements of Sections 3.6 and 3.8 respectively, remain in effect in accordance with the terms of those sections.

2.3 Anticipated Productions

The City and Subrecipient anticipate at least 20 eligible unique individuals or families will receive assistance under this Agreement.

2.4 Project Completion Deadlines

The Subrecipient must provide the City with all necessary project information (i.e. specific recipient information) for entry into IDIS within sixty (60) days o f the last payment made pursuant to this Agreement.

2.5 Program Income

2.6 Disbursement of Funds

Requests for disbursements are limited to the amount needed at the time of such request.

2.6.2 Project Costs. To request payment of allowable costs (i.e., rental or utility assistance), Subrecipient shall submit copies of records demonstrating payment by the subrecipient (e.g. copies of checks).

657
-5-
All requests for project specific soft costs must be supported by (i) time -sheet documentation for any costs associated with Subrecipient staff, (ii) invoices for any third- party costs, and/or (iii) other source documentation (e.g. receipt s and mileage logs for travel expenses, etc.)

2.6.3 Administrative Costs. Administrative costs of the Program are eligible only under general management oversight and coordination at 24 CFR 92.207(a), except that the costs of inspecting the housing and determining the income eligibility of the family are eligible as costs of the Program. Requests for payment of eligible administrative costs must be supported by time -sheet documentation for any costs associated with Subrecipient staff, invoices for any thir d-party costs, and/or similar documentation. Any travel expenses charged (e.g. mileage, per diems, etc.) must be consistent with the travel requirements listed in 2 CFR 200.474.

2.6.4 Final Payment. Subrecipient shall submit a final payment request no l ater than thirty (30) days following the end of the Term of this Agreement, consistent with Section 2.2 of this Agreement.

SECTION 3: ADMINISTRATIVE AND PROGRAM REQUIREMENTS

3.1 Applicability of Uniform Administrative Requirements

In performing under this Agreement, the requirements of 2 CFR Part 200 apply to the Subrecipient, except for the following provisions: § 200.306, § 200.307, § 200.311 (except as provided in 24 CFR 92.257), § 200.312, § 200.329, § 200.333, and§ 200.334. The provisions of 2 CFR 200.305 apply as modified by 24 CFR 92.502(c). If there is a conflict between definitions in 2 CFR 200 and 24 CFR Part 92, the definitions in 24 CFR Part 92 govern. While not intended to be an exhaustive list, Subrecipient acknowledges that the requirements of 2 CFR 200 include, inter alia, compliance with:

3.1.1 Procurement. Standards and procedures consistent with 2 CFR 200.318 through 200.326 related to the procurement of property or services with HOME -ARP funds.

3.1.3 Cost Principles . The cost principles included in 2 CFR 200 Subpart F, including that any costs charged to HOME -ARP be supported by adequate documentation, allocable to the program, necessary, and reasonable.

3.2 Administrative Funding

Within the funding limit provided in Section 2.1, Subrecipient may use HOME-ARP funds for administrative expenses associated with operating the Program. Eligible 658
-6-
administrative costs include costs associated with activities described in the general management oversight and coordination requirements at 24 CFR 92.207(a) to the extent that such activities are allowable under this Agreement. These include, but may not be limited to, costs associated with coordinating and overseeing the Program; advertising and promoting the Program, including affirmatively marketing the Program pursua nt to the requirements of 24 CFR 92.351; maintaining appropriate Program records, including financial records, and submitting progress, financial, and other reporting to the City, taking applications, conducting intake interviews, and otherwise processing applications that do not proceed; and conducting required unit inspections.

3.2.1 Treatment of Income Determination and Inspection Costs. Pursuant to 24 CFR 92.209(a), the Subrecipient may also use HOME -ARP project funding for its project-specific soft c osts associated with determining the income eligibility and assistance amount for assisted tenants and completing property inspections of units occupied by assisted tenants.

Alternatively, the costs associated with determining the income eligibility and assistance amount for assisted tenants and completing property inspections of unis occupied by assisted tenants, in whole or to the extent they exceed the limit established herein, may be charged as an administrative cost, provided that in no case may a si ngle item of cost be charged both as an administrative expense and as a project -related soft cost as provided for herein.

3.3. Reversion of Assets

Upon receipt of the final payment by the City under this Agreement and after payment by the Subrecipient of any final eligible costs under this Agreement, the Subrecipient must transfer to the City any remaining HOME -ARP funds on hand and any accounts receivable attributable to the use of HOME-ARP funds to the City.

3.4 Compliance with Other Federal Requirements.

3.4.1 Equal Opportunity and Fair Housing. In accordance with 24 CFR 92.351, no person shall on the ground of race, color, religion, sex, disability, familial status, national origin, or age be excluded from participatio n in, be denied the benefits of, or be subjected to discrimination under any Program activity funded in whole or in part from HOME funds. In addition, Subrecipient shall develop and operate the Program in accordance with the requirement contained in 24 CFR 5.105, including but not limited to the following requirements:

659
-7-
(a) The requirements of the Fair Housing Act (42 U.S.C. 3601 -19) and implementing regulations at 24 CFR Part 100; Executive Order 11063, as amended by Executive Order 12259 (3 CFR1958 B1963 Comp., P. 652 and 3 CFR 1980 Comp., P . 307) (Equal Opportunity in Housing) and implementing regulations at 24 CFR Part 107; and of the Civil Rights Act of 1964 (42 U.S. C. 2000d) (Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 CFR Part 1;

(b) The prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S C. 6101-07) and implementing Regulations at 24 CFR Part 146;

(c) The requirements of Section 504 of the Rehabilitation Act of 1973 (29 U.S. C. 794) and implementing regulations at 24 CFR Part 8;

(d) Section 3 of the Housing and Urban Development Act of 1968 (12 U.S. C. 1701u) and implementing regulations at 24 CFR Part 135;

(g) The requirements of 24 CFR 5.105(a)(2) requiring that HUD- assisted housing be made available without regard to actual or perceived sexual orientation, gender identity, or marital status and prohibiting subrecipients, owners, developers, or their agents from inquiring about the sexual orientation or gender identity of an applicant for, or occupant of, HUD -assisted housing for the purpose of determining eligibility for the housing or otherwise making such housing available. This prohibition on inquiries regarding sexual orientation or gender identity does not prohibit any individual from voluntarily self-identifying sexual orientation or gender identity.

3.4.2 Lobbying Disclosure Requirements. In accordance with the requirements of 24 CFR Part 87, the Subrecipient certifies, to the best of its knowledge and belief, that:

660
-8-
(b) If a ny funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Membe r of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

(d) Subrecipient acknowledges that this certification is a material representation of face upon which reliance was placed when this transaction was made or entered into.

3.4.3 Drug-Free Workplace. The drug-free workplace requirements of 2 CFR Part 2429 and City’s Council Policy No. 100-5 attached hereto as Exhibit “C” and incorporated herein;

3.4.4 Debarred or Suspended Entities. By signing this Agreement, Subrecipient certifies that it is not presently listed by a federal agency as debarred, suspended, or proposed for debarment from any federal contract activity. If during the term of this Agreement this information changes, Subrecipient shall notify City wit hout delay. Such notice shall contain all relevant particulars of any debarment, suspension, or proposed department. Further, in carrying out its responsibilities hereunder, Subrecipient will not employ, contract with, or otherwise make sue of subcontracto rs, service providers, Subrecipients, or any other party that is debarred, suspended, or proposed for debarment from any federal contract activity.

3.4.4 Environmental Review . While the City is responsible for environmental reviews and determinations under this Agreement, Subrecipient will cooperate and assist in documenting the environmental reviews and determinations under this Agreement, Subrecipient will cooperate and assist in documenting the environmental status of each assisted unit, including but not limited to the initial preparation of an Environmental Review for Activity/Project that is Exempt of Categorically Excluded Not Subject to Section 58.5 checklist. In no case will Subrecipient execute an agreement with respect to a specific unit to be a ssisted without notification from the City that the project is either exempt from environmental review or that needed reviews have been completed.

3.4.6 Conflict of Interest . Pursuant to 24 CFR 92.356, no employee, agent, Subrecipient, officer, or elected official or appointed official of the City or the Subrecipient, Individually know as a “Covered Person,” that exercises or has exercised any functions or responsibilities wit h respect to HOME -assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to HOME- ARP assisted activities, is eligible to receive HOME -ARP assistance under the Program or to have a fi nancial interest or financial interest or financial benefit in any contrast, subcontract, or other agreement with respect to the HOME -ARP funded activities contemplated in this Agreement, or the proceeds from such activities. This provision shall apply to both Covered Persons and those with whom they have business or immediate, family ties, during their tenure with the City or Subrecipient o r for one year thereafter.

Immediate family ties include (whether by blood, marriage, or adoption) the spouse, parent (including a stepparent), a child (including a stepchild), brother, sister (including a stepbrother or stepsister), grandparent, grandchild, and in-laws of a Covered Person. In the event a Covered Person, or a person with whom the Covered Person has business or family ties, is otherwise eligible and applies to the Program, Subrecipient will immediately notify the City. City, in its sole discretion, may pursue an exception from HUD under the provisions of 24 CFR 92.356(d) to allow participation notwithstanding the conflict of interest. Only HUD may grant such an exception; neither the City nor the Subrecipient may grant such an exception on its own. Moreover, the City and Subrecipient shall comply with the conflict -of-interest requirements in 2 CFR 200.317 and 2 CFR 200.318 in the procurement of property and services.

3.4.7 Subrecipient Activities. Subrecipient will comply with the reasonable rate of compensation requirements in accordance with 24 CFR 92.358.

3.5. VAWA Regulations

The City and Subrecipient both acknowledge and agree that each are subject to the requirements of 24 CFR 92.359 and 24 CFR 5, Subpart L, which implements provisions f the Violence Against Women Reauthorizati on Act of 2013 (VAWA). Subrecipient also agrees to follow and implement the applicable VAWA requirements required by 24 CFR

92.359(g), for all applicants to the Program, and all TBRA recipients for the period that tenant based rental assistance is provided . Moreover, the Subrecipient agrees that all leases that are approved by the Subrecipient shall contain a VAWA lease term/addendum, as described in 24 CFR 92.359(e).

3.6 Recordkeeping

Subrecipient shall maintain detained records of all its activities und er this Agreement, including records on all persons served pursuant to this Agreement, and all required 662
-10-
Program records applicable to TBRA assistance that are described in 24 CFR 92.508.

Representatives of the City, HUD (including HUD ’s Office of Inspector General), the Comptroller General of the United States (aka the U.S. Government Accountability Office or “GAO”), or their designees may examine any records or information accumulated pursuant to this Agreement. All confidential information shall be treate d as such by all aforementioned City, HUD, or GAO representatives or designees. Subrecipient will maintain administrative and financial records as required by 24 CFR 92.508, applicable to the activities to be carried out under this Agreement, including but not necessarily limited to:

3.6.1 General Administrative and Financial Records.

(a) Information about contractors, vendors, and other service providers to include, but not necessarily be limited to, verification of non -department and suspension, verification of qualifications and experience, legally binding contracts and agreements, invoices and payment records, and related correspondence (see 24 CFR Part 23 and 2 CFR Part 2424);

(b) Financial information including, but not necessarily limited to, audits and related correspondence, accounting and financial records, indirect cost analyses, and internal controls and reconciliations;

(c) Financial records identifying the source and use of funds for each person assisted under the Program pursuant to this Agreement, as well as well as underlying documentation (e.g. timesheet records, invoices/receipts, proof of payment, etc.) for all costs charged to HOME-ARP;

(d) Records demonstrating compliance with the Uniform Administrative Requirements of 2 CFR 200, as applicable.

3.6.2 HOME-ARP Recipients Records. HOME-ARP recipient records in accordance with 24 CFR 92.508(a)(3) that demonstrate that each HOME -ARP assisted tenant met the requirements of the HOME-ARP program, including but not limited to:

(a) Full descriptions of each tenant or family assisted with Program funds, including the location (address of each unit) and the form of TBRA assistance;

(c) Records, consistent with the Program Guidelines, demonstrating that each HOME-ARP recipient meets the Program’s standards;

663
-11-
(d) Records demonstrating that each assisted recipient or family is income eligible in accordance with 24 CFR 92.203, as modified by Notice CPD -21-10, to the extent applicable;

(e) Copies of all agreements between the Subrecipient and HOME-ARP recipients.

3.6.3 Records of Other Federal Requirements. Other records that include documentation of compliance with other federal requirements in accordance with 24 CFR

92.508 that includes the following requirements to the extent applicable to the Program:
(a) Documentation of Subrecipient ’s efforts to affirmatively further fair housing, including both marketing efforts and records on the extent to which each racial and ethnic group and single -headed households (by gender of hous ehold head) applied for, participated in, or benefited from the Program;

(b) Records concerning lead-based paint in accordance with 24 CFR Part 35;

(d) Records supporting any requests for exceptions to the conflict of interest provisions in accordance with 24 CFR 92.356; and

(e) Records required by Notice CPD-21-10 for the waivers and suspensions used by the Program, to the extent applicable.

3.7 Record Retention

All Program records shall be maintained by the Subrecipient for a minimum of five (5) years beyond the final payment under this Agreement. Notwithstanding, if there are litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have commenced before the expiration of the retention periods outlined, such records must be retained until completion of the actions and resolution of all issues or the expiration of the retention period, whichever occurs later.

3.8 Reporting Requirements

664
-12-
The City reserves the right to unilat erally alter, supplement, or otherwise modify the frequency, content, or form of delivery of required reports as needed to maintain adequate oversight of the Program, address changes to HOME -ARP regulations, or to address findings related to noncompliance by the Subrecipient.

SECTION 4: DEFAULT, DEMEDIES, AND TERMINATION

4.1. Default

The following are considered a default by the Subrecipient under this Agreement:

(a) Subrecipient fails, in any manner, to fully perform and carry out any of the terms, covenants, and conditions of this Agreement;

(b) Subrecipient refuses or fails to proceed with the work and tasks contemplated in this Agreement in accordance with such dili gence as will ensure their completion within the time fixed by the schedule set forth in this Agreement;

(d) Dissolution or other termination of existence; insolvency; forfeiture of right to do business in the State of California or business failure; appointment of a r eceiver of any part of the Subrecipient’s property; the calling of any meetings of, or the assignment for the benefit of, creditors of the Subrecipient; or the commencement of any proceedings under any bankruptcy or insolvency laws by or against the Subrec ipient which are not dismissed within 60 days.

4.2. Remedies

(a) Suspend payments under this Agreement pending the correction of a default or deficiency;

(b) Disallow part or all of any of the Program or cost hereunder which is not in compliance with this Agreement, the City ’s requi rements, applicable federal requirements, or HOME-ARP regulations;

(c) Suspend, in whole or part, this Agreement pending correction; or, following any cure period provided by the City, terminate this Agreement for cause as provided in 2 CFR 200.339;
665
-13-

(d) Recommend to HUD that it initiate suspension or debarment proceedings as authorized under 2 CFR Part 180;

(e) Take any other action available under 2 CFR 200.338;

(f) Require the repayment of previously disbursed HOME -ARP funds for questioned costs;

(g) Require Subrecipient to participate in training or technical assistance; and

(h) Make use of any other remedies that may be legally available to the City.

4.3 Termination for Convenience

SECTION 5: ADDITIONAL PROVISIONS

5.1 Fees to Program Recipients Prohibited

Subrecipient is prohibited from charging application or other fees for the purpose of covering costs of administering the Program.

5.2. Notice

Stand UP for Kids
1055 El Camino Drive, Unit E
Costa Mesa, CA 92626
Attn: Justine Palmore

666
-14-

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Mikelle Daily, Grant Administrator

5.3 City Liability

5.4 Indemnification

5.5 Insurance

5.5.1 Minimum Scope and Limits of Insurance. Subrecipient shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or bett er in the most recent Best ’s Key Insurance Rating Guide, and approved by City:

(a) Commercial general liability, including premises -operations, products/completed operations, broad from property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less and One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such 667
-15-
insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.

(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage.

5.5.2 Endorsements. The commer cial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:

(a) Additional insureds: “The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to liability arising out of activities performed by or on behalf of the Subrecipient pursuant to its contract with the City; products and completed operations of the Subrecipient; prem ises owned, occupied or used by the Subrecipient; automobiles owned, leased, hired, or borrowed by the Subrecipient.”

(c) Other Insurance: “The Subrecipient ’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other in surance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.”

(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.

668
-16-
(e) The Subrecipient ’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer ’s liability.

5.5.3 Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the name insured can satisfy any such deductible or self-insured retention.

5.8 Compliance with all Laws

Subrecipient shall comply with all applicable federal, state and local laws and regulations in the performance of this Agreement and shall keep in effect any and all licenses, permits, notices and certificates as are required thereby. Subrecipient shall further comply with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safely i n employment; and all other Federal, State, and local laws and ordinances applicable to the services required under this Agreement.

5.9 Independence of Subrecipient

5.10 Binding Effect; Assignment

5.11 Amendments

This Agreement may be modified or amended only if the amendment is made in writing and is signed by both parties. Notwithstanding, in the event that (i) HUD imposes new or modified requirements in the HOME -ARP Program through regulation, administrative notice, publication, or other notice, or (ii) HUD specifically identifies violations of HOME - ARP program requirements pertaining to this Agreement or the Program undertaken hereunder, Subrecipient agrees to comply with any new or modified requirements to ensure this Agreement and the activities hereunder remain in or are brought into compliance with such requirements. The City shall provide prompt notice to the Subrecipient of any such modifications. Subrecipient further agrees to execute an amendment to modif y the terms of this Agreement in such manner as necessary to formally reflect and implement new HOME requirements or correct identified deficiencies.

5.12 Interpretation; Entire Agreement

5.13. Applicable Law

5.14 Headings & Pronouns

The headings in this Agreement are for convenience only and do not affect the meanings or interpretation of the contents. Where appropriate, all personal pronouns used herein, whether used in the masculine, feminine, or neutral gender, shall include all ot her genders, and singular nouns used herein shall include the plural and vice versa.

5.15 Construction

The parties have participated jointly in the negotiation and drafting of this Agreement and have an adequate opportunity to review each and every prov ision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an 670
-18-
ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted join tly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

5.16 Severability

If any provision of t his Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such pro vision it would become valid and enforceable, then such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

5.17 Signature Authority

The persons executing this Agreem ent on behalf of City and Subrecipient warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so City and Subrecipient are formally bound to the provisions of this Agreement.

[Signature page follows.]

671
-19-
IN WITNESS WHEREOF , the City and Subrecipient have indicated their acceptance of the terms of this Agreement by their signatures below on the dates indicated.

SUBRECIPIENT

__________________________________ Date: __________________________ Signature

__________________________________
[Name and Title]

CITY OF COSTA MESA

__________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager

ATTEST:

__________________________________
Brenda Green
City Clerk

APPROVED AS TO FORM:

__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney

APPROVED AS TO INSURANCE:

__________________________________ Date: __________________________ Ruth Wang
Risk Management

APPROVED AS TO PURCHASING:

__________________________________ Date: __________________________ Carol Molina
Finance Director
672
-1-

CITY OF COSTA MESA

SUBRECIPIENT AGREEMENT

WITH TRELLIS INTERNATIONAL

FOR HOUSING RELATED SPECIAL SERVICES
FOR QUALIFYING POPULATIONS – TRANSPORTATION

SERVICES HOUSING SUPPORT (WRAP AROUND SERVICES)
THIS SUBRECIPEINT AGREEMENT (the “Agreement”) is made and entered into as of July 1st, 2023 (“ Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation of the State of California whose business address is 77 Fair Drive, Costa Mesa, California 92626 (the “City”) and TRELLIS INTERNATIONAL, a California nonprofit corporations (the “Subrecipient”).

WHEREAS, on March 11, 2021, President Joseph R. Biden signed into law the American Rescue Plan Act of 2021 (“ARPA”); and
WHEREAS, to address the need for homelessness assistance and supportive services, $5 billion in federal ARPA funds were appropriated and administered through the federal HOME Investment Partnerships Program (“HOME”); and
WHEREAS, on September 13, 2021, HUD published Notice CPD -21-10 enti tled, “Requirements for the Use of Funds in the HOME-American Rescue Plan Program which establishes the requirements for the use of HOME -ARP funds (the “Notice CPD-21-10”) ; and
WHEREAS, on April 8, 2021, the US Department of Housing and Urban Development (“HUD”) allocated funds to grantees using the HOME formula established in 24 CFR 92.5 and 92.60; and
WHEREAS, City was allocated $1,816.742.00 (“HOME-ARP Funds”) for housing related supported services for qualifying populations; and
WHEREAS, the City seeks to address the needs and gaps identified in the City’s HOME- ARP Allocation Plan approved by HUD on January 23, 2023; and WHEREAS, supportive services are identified as one of four activities eligible for HOME- ARP funding including: (1) services identi fied in section 401(29) of the McKinney Vento Homeless Assistance Act (42 USC 11360(29), (2) homelessness prevention services, and (3) housing counseling services.

WHEREAS, the Costa Mesa City Council has authorized the award of HOME-ARP funds to Subrecipient for the purpose of providing help to vulnerable populations re-engage and develop skills, relationships, and habits to allow transition back to work and address mental health and substance abuse issues and supporting transportation services (“Program”).

ATTACHMENT 6
673
-2-
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements and covenants set forth herein, the City and Subrecipient agree, for themselves and for their respective successors and assigns as follows:

SECTION 1: GENERAL PROGRAM DESCRIPTION; ROLES & RESPONSIBILITIES

1.1 Program Description.

1.2 City Role & Responsibilities

1.2.1 Program Design. Furnishing the Subrecipient with the Scope of Work and any other Program requirements, including any future changes to HOME regulations or HOME Program guidance issued by HUD;

1.2.2 Environmental Review . Completing necessary environmental reviews and/or determinations pursuant to 24 CFR 92.352 and 24 CFR 58;

1.2.4 Subrecipient Monitoring . Completing remote and on -site monitoring reviews of the Subrecipient’s operation of the program.

1.3 Subrecipient Role and Responsibilities

Subrecipient is responsible for the implementation of the Program, including interaction with applicants to the Program and program recipients . In all cases, Subrecipient will implement the Program in compliance with the City ’s requirements and all applicable federal requirements including Notice CPD -21-10. In no case will the Subrecipient be considered the “responsible entity” for environmental reviews required under 24 CFR 58.

In this role Subrecipient will:

1.3.1 Marketing. Market and advertise the Program pursuant to the HUD ’s Affirmative Fair Housing Marketing Plan and in accordance with the requirements in 24 674
-3-
CFR 92.351, including the requirements to: (i) identify those portions of the population of the City that are least likely to apply, (ii) establish specific marketing actions (e.g. advertising in specialty publications, native langu ages, etc.) intended to reach such populations, and (iii) maintain records of the results of such activities;

1.3.2 Application Intake. Develop needed application materials and establish and implement an application process in accordance with the City’s requirements;

1.3.4 Program Orientation. Provide individual orientations to recipients and participants explaining the Program requirements

SECTION 2: USE AND DISBURSEMENT OF HOME FUNDS

2.1 HOME-ARP Award

As part of this Agreement, the City is providing up to a maximum of $29,640.00 in HOME- ARP funding for program and administrative expenses as identified in the Scope of Work for FY 2023-24. In the event the term is extended, the City shall provide up to a maximum of $87,952.00 in annual HOME-ARP funding. HOME-ARP funding shall be used for the Program more specifically described in Section 1.1 , in accordance with federal requirements, this Agreement, and the City’s requirements, to the extent applicable.

2.2 Term

675
-4-
The term of this Agreement shall begin upon July 1, 2023 and continue for a period of one (1) year ending on June 30, 2024. The term of the Agreement may be extended up to four (4) one (1) year renewal terms upon mutual written agreement of the parties, subject to the availability and/or allocation of HOME -ARP funds for the Program. Upon expiration of this Agreement, the Subrecipient shall have thirty (30) days to make the final requests for reimbursement. The recordkeeping and reporting requirements of Sections

3.6 and 3.8 respectively, remain in effect in accordance with the terms of those sections.

2.3 Anticipated Productions

The City and Subrecipient anticipate at least 100 eligible unique individuals or families will receive assistance under this Agreement.

2.4 Project Completion Deadlines

2.5 Program Income

City and Subrecipient ackno wledge and agree that the design of Program does not anticipate the receipt of "Program Income," as defined in 24 CFR 92.2, by the Subrecipient. Notwithstanding, in the event that any Program Income is received by the Subrecipient, Subrecipient will promptly remit same to the City.

2.6 Disbursement of Funds

Requests for disbursements are limited to the amount needed at the time of such request.

2.6.2 Project Costs. To request payment of allowable costs (i.e., rental or utility assistance), Subrecipient shall submit copies of records demonstrating payment by the subrecipient (e.g. copies of checks).

676
-5-
All requests for project specific soft costs must be supported by (i) time -sheet documentation for any costs associated with Subrecipient staff, (ii) invoices for any third- party costs, and/or (iii) other source documentation (e.g. receipts and mileage logs for travel expenses, etc.)

2.6.3 Administrative Costs. Administrative costs of the Program are eligible only under general management oversight and coordination at 24 CFR 92.207(a), except that the costs of inspecting the housing and determining the income eligibility of the family are eligible as costs of the Program. Requests for payment of eligible administrative costs must be support ed by time -sheet documentation for any costs associated with Subrecipient staff, invoices for any third -party costs, and/or similar documentation. Any travel expenses charged (e.g. mileage, per diems, etc.) must be consistent with the travel requirements listed in 2 CFR 200.474.

2.6.4 Final Payment. Subrecipient shall submit a final payment request no later than thirty (30) days following the end of the Term of this Agreement, consistent with Section 2.2 of this Agreement.

SECTION 3: ADMINISTRATIVE AND PROGRAM REQUIREMENTS

3.1 Applicability of Uniform Administrative Requirements

In performing under this Agreement, the requirements of 2 CFR Part 200 apply to the Subrecipient, except for the following provisions: § 200.306, § 200.307, § 200.311 (except as provided in 24 CFR 92.257), § 200.312, § 200.329, § 200.333, and§ 200.334. The provisions of 2 CFR 200.305 apply as modified by 24 CFR 92.502(c). If there is a conflict between definitions in 2 CFR 200 and 24 CFR Part 92, the definitions in 24 CFR Part 92 govern. While not intended to be an exhaustive list, Subrecipient acknowledges that the requirements of 2 CFR 200 include, inter alia, compliance with:

3.1.1 Procurement. Standards and procedures consistent with 2 CFR 200.318 through 200.326 related to the procurement of property or services with HOME -ARP funds.

3.1.3 Cost Principles . The cost principles included in 2 CFR 200 Subpart F, including that any costs charged to HOME -ARP be supported by adequate documentation, allocable to the program, necessary, and reasonable.

3.2 Administrative Funding

Subject to any funding limit provided in Section 2.1, Subrecipient may use HOME -ARP funds for administrative expenses associated with operating the Program. Eligible 677
-6-
administrative costs include costs associated with activities described in the general management oversight and coordination requirements at 24 CFR 92.207(a) to the extent that such activities are allowable under this Agreement. These include, but may not be limited to, costs associated with coordinating and overseei ng the Program; advertising and promoting the Program, including affirmatively marketing the Program pursuant to the requirements of 24 CFR 92.351; maintaining appropriate Program records, including financial records, and submitting progress, financial, and other reporting to the City, taking applications, conducting intake interviews, and otherwise processing applications that do not proceed; and conducting required unit inspections.

3.2.1 Treatment of Income Determination and Inspection Costs. Pursuant to 24 CFR 92.209(a), the Subrecipient may also use HOME -ARP project funding for its project-specific soft costs associated with determining the income eligibility and assistance amount for assisted tenants and completing property inspections of units occupied by assisted tenants.

Alternatively, the costs associated with determining the income eligibility and assistance amount for assisted tenants and completing property inspections of unis occupied by assisted tenants, in whole or to the extent they excee d the limit established herein, may be charged as an administrative cost, provided that in no case may a single item of cost be charged both as an administrative expense and as a project -related soft cost as provided for herein.

3.3. Reversion of Assets

Upon receipt of the final payment by the City under this Agreement and after payment by the Subrecipient of any final eligible costs under this Agreement, the Subrecipient must transfer to the City any remaining HOME -ARP funds on hand and any accounts receivable attributable to the use of HOME-ARP funds to the City.

3.4 Compliance with Other Federal Requirements.

Subrecipient must comply with all applicable federal requirements, including those listed in 24 CFR Part 92, Subpart H and 24 CFR Part 5, Su bpart A, and the nondiscrimination requirements of section 282 of the Act, as amended. This includes, but is not limited to, compliance with:

3.4.1 Equal Opportunity and Fair Housing. In accordance with 24 CFR 92.351, no person shall on the ground of rac e, color, religion, sex, disability, familial status, national origin, or age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any Program activity funded in whole or in part from HOME funds. In addition , Subrecipient shall develop and operate the Program in accordance with the requirement contained in 24 CFR 5.105, including but not limited to the following requirements:

678
-7-
(a) The requirements of the Fair Housing Act (42 U.S.C. 3601 -19) and implementing regulations at 24 CFR Part 100; Executive Order 11063, as amended by Executive Order 12259 (3 CFR1958 B1963 Comp., P. 652 and 3 CFR 1980 Comp., P . 307) (Equal Opportunity in Housing) and implementing regulations at 24 CFR Part 107; and of the Civil Rights A ct of 1964 (42 U.S. C. 2000d) (Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 CFR Part 1; (b) The prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S C. 6101-07) and implementing Regulations at 24 CFR Part 146;

(c) The requirements of Section 504 of the Rehabilitation Act of 1973 (29 U.S. C. 794) and implementing regulations at 24 CFR Part 8;

(d) Section 3 of the Housing and Urban Development Act of 1968 (12 U.S. C. 1701u) and implementing regulations at 24 CFR Part 135;

(f) The requirements of 24 CFR 92.351, 2 CFR 200. 321, Executive Orders 11625, as amended, and 12432 (concerning Minority Business Enterprise), a nd 12138, as amended (concerning Women’s Business Enterprise); and

(g) The requirements of 24 CFR 5.105(a)(2) requiring that HUD- assisted housing be made available without regard to actual or perceived sexual orientation, gender identity, or marital status and prohibiting subrecipients, owners, developers, or their agents from inquiring about the sexual orientation or gender identity of an applicant for, or occupant of, HUD -assisted housing for the purpose of determining eligibility for the housing or otherwise making such housing available. This prohibition on inquiries regarding sexual orientation or gender identity does not prohibit any individual from voluntarily self-identifying sexual orientation or gender identity.

3.4.2 Lobbying Disclosure Requirements. In accordance with the requirements of 24 CFR Part 87, the Subrecipient certifies, to the best of its knowledge and belief, that:

(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any perso n for influencing or attempting to influence an officer or employee of an agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal load, the entering into of any cooper ative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any 679
-8-
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

(d) Subrecipient acknowledges that this certification is a material representation of face upon which reliance was placed when this transaction was made or entered into.

Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. C ode. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

3.4.3 Drug-Free Workplace. The drug-free workplace requirements of 2 CFR Part 2429 and City’s Council Policy No. 100-5 attached hereto as Exhibit “C” and incorporated herein;

3.4.4 Environmental Review . While the City is responsible for environmental reviews and determinations under this Agreement, Subrecipient will cooperate and assist in documenting the environmental revie ws and determinations under this Agreement, Subrecipient will cooperate and assist in documenting the environmental status of each assisted unit, including but not limited to the initial preparation of an Environmental Review for Activity/Project that is E xempt of Categorically Excluded Not Subject to Section 58.5 checklist. In no case will Subrecipient execute an agreement with respect to a specific unit to be assisted without notification from the City that the project is either exempt from environmental review or that needed reviews have been completed.

680
-9-

3.4.6 Conflict of Interest . Pursuant to 24 CFR 92.356, no employee, agent, Subrecipient, officer, or elected official or appointed official of the City or the Subrecipient, Individually know as a “Covered Person,” that exercises or has exercised any functions or responsibilities with respect to HOME -assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to HOME- ARP assisted activities, is eligible to receive HOME -ARP assistance under the Program or to have a financial interest or financial interest or financial benefit in any contrast, subcontract, or other agreement with respect to the HOME -ARP funded activities contemplated in this Agreement, or the proceeds from such activities. This provision shall apply to both Covered Persons and those with whom they have business or immediate, family ties, during their tenure with the City or Subrecipient o r for one year thereafter.

Immediate family ties include (whether by blood, marriage, or adoption) the spouse, parent (including a stepparent), a child (including a stepchild), brother, sister (including a stepbrother or stepsister), grandparent, grandchild, and in-laws of a Covered Person. In the event a Covered Person, or a person with whom the Covered Person has business or family ties, is otherwise eligible and applies to the Program, Subrecipient will immediately notify the City. City, in its sole discretion, may pursue an exception from HUD under the provisions of 24 CFR 92.356(d) to allow participation notwithstanding the conflict of interest. Only HUD may grant such an exception; neither the City nor the Subrecipient may grant such an exception on its own. Moreover, the City and Subrecipient shall comply with the conflict -of-interest requirements in 2 CFR 200.317 and 2 CFR 200.318 in the procurement of property and services.

3.4.7 Subrecipient Activities. Subrecipient will comply with the reasonable rate of compensation requirements in accordance with 24 CFR 92.358.

3.5. VAWA Regulations

The City and Subrecipient both acknowledge and agree that each are subject to the requirements of 24 CFR 92.359 and 24 CFR 5, Subpart L, which implements provisions f the Violence Against Women Reauthorizati on Act of 2013 (VAWA). Subrecipient also agrees to follow and implement the applicable VAWA requirements required by 24 CFR

92.359(g), for all applicants to the Program, and all TBRA recipients for the period that tenant based rental assistance is provided . Moreover, the Subrecipient agrees that all leases that are approved by the Subrecipient shall contain a VAWA lease term/addendum, as described in 24 CFR 92.359(e).

3.6 Recordkeeping

Subrecipient shall maintain detained records of all its activities und er this Agreement, including records on all persons served pursuant to this Agreement, and all required Program records applicable to TBRA assistance that are described in 24 CFR 92.508. 681
-10-
Representatives of the City, HUD (including HUD ’s Office of Inspector General), the Comptroller General of the United States (aka the U.S. Government Accountability Office or “GAO”), or their designees may examine any records or information accumulated pursuant to this Agreement. All confidential information shall be treate d as such by all aforementioned City, HUD, or GAO representatives or designees. Subrecipient will maintain administrative and financial records as required by 24 CFR 92.508, applicable to the activities to be carried out under this Agreement, including but not necessarily limited to:

3.6.1 General Administrative and Financial Records.

(a) Information about contractors, vendors, and other service providers to include, but not necessarily be limited to, verification of non -department and suspension, verification of qualifications and experience, legally binding contracts and agreements, invoices and payment records, and related correspondence (see 24 CFR Part 23 and 2 CFR Part 2424);

(b) Financial information including, but not necessarily limited to, audits and related correspondence, accounting and financial records, indirect cost analyses, and internal controls and reconciliations;

(c) Financial records identifying the source and use of funds for each person assisted under the Program pursuant to this Agreement, as well as well as underlying documentation (e.g. timesheet records, invoices/receipts, proof of payment, etc.) for all costs charged to HOME-ARP;

(d) Records demonstrating compliance with the Uniform Administrative Requirements of 2 CFR 200, as applicable.

3.6.2 HOME-ARP Recipients Records. HOME-ARP recipient records in accordance with 24 CFR 92.508(a)(3) that demonstrate that each HOME -ARP assisted tenant met the requirements of the HOME-ARP program, including but not limited to:

(a) Full descriptions of each tenant or family assisted with Program funds, including the location (address of each unit) and the form of TBRA assistance;

(c) Records, consistent with the Program Guidelines, demonstrating that each HOME-ARP recipient meets the Program’s standards;

(d) Records demonstrating that each assisted recipient or family is income eligible in accordance with 24 CFR 92.203, as modified by Notice CPD -21-10, to the extent applicable;
682
-11-

(e) Copies of all agreements between the Subrecipient and HOME-ARP recipients.

3.6.3 Records of Other Federal Requirements. Other records that include documentation of compliance with other federal requirements in accordance with 24 CFR

92.508 that includes the following requirements to the extent applicable to the Program:
(a) Documentation of Subrecipient ’s efforts to affirmatively further fair housing, including both marketing efforts and records on the extent to which each racial and ethnic group and single -headed households (by gender of hous ehold head) applied for, participated in, or benefited from the Program;

(b) Records concerning lead-based paint in accordance with 24 CFR Part 35;

(d) Records supporting any requests for exceptions to the conflict of interest provisions in accordance with 24 CFR 92.356; and

(e) Records required by Notice CPD-21-10 for the waivers and suspensions used by the Program, to the extent applicable.

3.7 Record Retention

All Program records shall be maintained by the Subrecipient for a minimum of five (5) years beyond the final payment under this Agreement. Notwithstanding, if there are litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have commenced before the expiration of the retention periods outlined, such records must be retained until completion of the actions and resolution of all issues or the expiration of the retention period, whichever occurs later.

3.8 Reporting Requirements

The City re serves the right to unilaterally alter, supplement, or otherwise modify the frequency, content, or form of delivery of required reports as needed to maintain adequate 683
-12-
oversight of the Program, address changes to HOME -ARP regulations, or to address findings related to noncompliance by the Subrecipient.

SECTION 4: DEFAULT, DEMEDIES, AND TERMINATION

4.1. Default

The following are considered a default by the Subrecipient under this Agreement:

(a) Subrecipient fails, in any manner, to fully perform and carry out any of the terms, covenants, and conditions of this Agreement;

(b) Subrecipient refuses or fails to proceed with the work and tasks contemplated in this Agreement in accordance with such dili gence as will ensure their completion within the time fixed by the schedule set forth in this Agreement;

(d) Dissolution or other termination of existence; insolvency; forfeiture of right to do business in the State of California or business failure; appointment of a r eceiver of any part of the Subrecipient’s property; the calling of any meetings of, or the assignment for the benefit of, creditors of the Subrecipient; or the commencement of any proceedings under any bankruptcy or insolvency laws by or against the Subrec ipient which are not dismissed within 60 days.

4.2. Remedies

(a) Suspend payments under this Agreement pending the correction of a default or deficiency;

(b) Disallow part or all of any of the Program or cost hereunder which is not in compliance with this Agreement, the City ’s requi rements, applicable federal requirements, or HOME-ARP regulations;

(c) Suspend, in whole or part, this Agreement pending correction; or, following any cure period provided by the City, terminate this Agreement for cause as provided in 2 CFR 200.339;

684
-13-
(d) Recommend to HUD that it initiate suspension or debarment proceedings as authorized under 2 CFR Part 180;

(e) Take any other action available under 2 CFR 200.338;

(f) Require the repayment of previously disbursed HOME -ARP funds for questioned costs;

(g) Require Subrecipient to participate in training or technical assistance; and

(h) Make use of any other remedies that may be legally available to the City.

4.3 Termination for Convenience

SECTION 5: ADDITIONAL PROVISIONS

5.1 Fees to Program Recipients Prohibited

Subrecipient is prohibited from charging application or other fees for the purpose of covering costs of administering the Program.

5.2. Notice

Trellis International
711 W. 17th Street, Unit E-5
Costa Mesa, CA 92627
Attn: Ian Stevenson

685
-14-
Notices due to the City shall be in writing and may be delivered via email, mail, delivery service, or in person as may be appropriate. Notwithstanding, a notice of default to the City must be delivered via certified mail with return receipt requested and shall be deemed delivered upon signature of the City’s representative identified below. Notices to the CITY should be addressed as follows:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Mikelle Daily, Grant Administrator

5.3 City Liability

5.4 Indemnification

5.5 Insurance

(b) Bus iness automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage.

5.5.2 Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:

(c) Other Insurance: “The Subrecipient ’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.”

(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.

(e) The Subrecipient ’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer ’s liability.
687
-16-

5.8 Compliance with all Laws

Subrecipient shall comply with all applicable federal, state and local laws and regulations in the performance of this Agreement and shall keep in effect any and all licenses, permits, notices and certificates as are required thereby. Subrecipient shall further comply with all applicable Federal and California em ployment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safely in employment; and all other Federal, State, and local laws and ordinances applicable to the services required under this Agreement.

5.9 Independence of Subrecipient

Nothing in this Agreement shall be deemed or construed to represent that Subrecipient, or any of Subrecipient ’s employees or agents, a re the agents, representatives, or employees of the City. Subrecipient acknowledges that it is an independent contractor in its performance under this Agreement. Anything in this Agreement that provides the City with the right to direct Subrecipient in its performance of its obligations under this Agreement is solely for purposes of compliance with local, state and federal regulations.

5.10 Binding Effect; Assignment

5.11 Amendments

688
-17-
This Agreement may be modified or amended onl y if the amendment is made in writing and is signed by both parties. Notwithstanding, in the event that (i) HUD imposes new or modified requirements in the HOME -ARP Program through regulation, administrative notice, publication, or other notice, or (ii) HUD specifically identifies violations of HOME - ARP program requirements pertaining to this Agreement or the Program undertaken hereunder, Subrecipient agrees to compl y with any new or modified requirements to ensure this Agreement and the activities hereunder remain in or are brought into compliance with such requirements. The City shall provide prompt notice to the Subrecipient of any such modifications. Subrecipient further agrees to execute an amendment to modify the terms of this Agreement in such manner as necessary to formally reflect and implement new HOME requirements or correct identified deficiencies.

5.12 Interpretation; Entire Agreement

5.13. Applicable Law

5.14 Headings & Pronouns

5.15 Construction

The parties have participated jointly in the negotiation and drafting of this Agreement and have an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with 689
-18-
its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

5.16 Severability

5.17 Signature Authority

[Signature page follows.]

690
-19-
IN WITNESS WHEREOF , the City and Subrecipient have indicated their acceptance of the terms of this Agreement by their signatures below on the dates indicated.

SUBRECIPIENT

__________________________________ Date: __________________________ Signature

__________________________________
[Name and Title]

CITY OF COSTA MESA

__________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager

ATTEST:

__________________________________
Brenda Green
City Clerk

APPROVED AS TO FORM:

__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney

APPROVED AS TO INSURANCE:

__________________________________ Date: __________________________ Ruth Wang
Risk Management

APPROVED AS TO PURCHASING:

__________________________________ Date: __________________________ Carol Molina
Finance Director
691
1 Mercy House
Amendment Four

AMENDMENT NUMBER FOUR
TO 2020-2021 SUBRECIPIENT AGREEMENT

AMONG THE CITY OF COSTA MESA, AS GRANTEE UNDER THE

COMMUNITY DEVELOPMENT BLOCK GRANT-CORONAVIRUS PROGRAM,

THE COSTA MESA HOUSING AUTHORITY AND MERCY HOUSE LIVING CENTERS This Amendment Number Four (“Amendment”) is made and entered into this 20th day of June 2022 (“Effective Date”), by and among the CITY OF COSTA MESA ("CITY"), a municipal corporation and a grantee under the U.S. Department of Housing and Urban Development ("HUD") Community Development Block Grant-Coronavirus ("CDBG-CV") Program (Catalog of Federal Domestic Assistance Number 14-218; Grant No: B-20- MW-06-0503), the COSTA MESA HOUSING AUTHORITY, a public body corporate and politic ("AUTHORITY"), and MERCY HOUSE LIVING CENTERS, a nonprofit corporation ("SUBRECIPIENT"). CITY and AUTHORITY are collectively referred to herein as "CITY." WHEREAS, CITY and SUBRECIPIENT entered into an agreement dated October 6, 2020 for SUBRECIPIENT to provide shelter, supportive services and housing navigation services for homeless men and women (the "Agreement"); and WHEREAS, CITY and SUBRECIPIENT entered into an Amendment One dated June 15, 2021 to amend the use of CDBG -CV funds and extend the term through June 30, 2022 (the “Amendment One”); and
WHEREAS, CITY and SUBRECIPIENT entered into an Amendment Two dated June 21, 2022 to amend the Agreement term to expire on June 30, 2023 and to increase the amount of Community Development Block Grant-Coronavirus (“CDBG-CV”) funds to $392,633.00; and WHEREAS, CITY and SUBRECIPIENT entered into an Amendment Three dated November 9, 2022, to amend the Agreement to extend the term through December 31, 2023, expand the Scope of Services, and increase SUBRECIPIENT’S compensation accordingly; and WHEREAS, City and Consultant now desire to further extend the term, through December 31, 2024 and to provide compensation accordingly; and
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. The term of the Agreement shall be extended through December 31, 2024.

2. Section 4 of the Agreement shall be amended to increase Consultants total compensation by One Million Fifty Thousand Dollars ($1,050,000.00) .

Commencing on the Effective Date of this Amendment, Consultant’s total compensation, inclusive of the Agreement and all amendment thereto, shall not exceed One Million Five Hundred Fifty Dollars ($1,550,000.00).

3. All terms not defined herein shall have the same meaning and use as set forth in the Agreement.

ATTACHMENT 7
692
2 Mercy House
Amendment Four

4. All other terms, conditions, and provisions of the Agreement shall remain in full force and effect.

5. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first written above.

CONSULTANT

Date:

Signature

Name and Title

CITY OF COSTA MESA

Date:

John Stevens
Mayor
ATTEST:

Brenda Green
City Clerk

APPROVED AS TO FORM:

Kimberly Hall Barlow
City Attorney

APPROVED AS TO INSURANCE:

Date:

Ruth Wang
Risk Management
Date:
693
3 Mercy House
Amendment Four

APPROVED AS TO CONTENT:

Lori Karaguezian
Project Manager

DEPARTMENTAL APPROVAL:

Date:

Lori Ann Farrell Harrison
City Manager

APPROVED AS TO PURCHASING:

Date:

Carol Molina
Finance Director
Date:
694
4 Mercy House
Amendment Four

EXHIBIT A

SCOPE OF SERVICES
695

City of Costa Mesa ARPA Rental Assistance Program

SCOPE OF WORK
Program Overview

The City of Costa Mesa (City) is seeking the services of an experienced local non-profit and/or consultant (Program Administrator) to implement and administer the American Rescue Plan Act (ARPA) Rental Assistance Program (Program). The purpose of the Program is to provide very-low income Costa Mesa residents with financial assistance to maintain housing at-risk of being lost or secure permanent housing for those experiencing homelessness.

Program Administrator Requirements

Program Administrator shall manage the application, verification, payment and reporting for the Program as follows:
 Provide technical assistance to individuals applying for rental assistance.  Determine applicant eligibility and complete intake documentation.  Determine maximum allowable rent payment per the Orange County Housing Authority (OCHA) Payment Standards (City to provide).
 Distribute rental assistance payments to landlords. Payments will be made in the form of grants payable to the landlord/property owner for a maximum term of six (6) months.  Distribute rental arrears payments (as applicable) to landlords. Rental arrears payment will be made in the form of a grant to the landlord/property owner for a maximum of six (6) months of past-due rent. Rental arrears payments do not count toward the maximum term of rental assistance payments.
 Assess applicant eligibility and amount of assistance required based on evaluation of family or individual’s financial need. Participating households shall earn no more than 50% of the Area Median Income (AMI) and pay no more than 30% of their Adjusted Gross Income toward rent.  Develop, prepare, distribute and process Program application forms, surveys and reporting materials.
 Provide outreach and circulate information of the availability of the Program in coordination with the City.
 Ensure each case file is appropriately closed-out and case files shall be maintained for a period of no less than four (4) years.

Verify the following requirements of Program applications:

 Household is a current resident of Costa Mesa or is currently homeless with strong ties to Costa Mesa (i.e. Live, Work, School).
 Household income at or below 50% AMI as determined by a Part 5 HUD Income Calculator.  Current rental payments as evidenced by an executed lease.  Documented need for the Program assistance.
 Tenant and landlord/property owner self-certification (under penalty of perjury) that they are not receiving any other form of rental subsidy or assistance for the participating household.

Verify the following Program grant payment requirements with landlord/property owner: 696

 Validate lease/rental agreement between tenant and landlord.  Obtain a landlord/property owner affidavit affirming Program terms.  Create and send letters to applicants confirming or denying their Program grant payment.  Issue rental assistance payments directly to landlord/property owner and send an invoice to the City.

PROGRAM SPECIFICATIONS

Distribution of Funds

Funds will be disbursed from the Program Administrator directly to the landlord/property owner for rental assistance on behalf of an approved program participant. No funds will be disbursed directly to Program beneficiaries.

Amount of rental assistance shall be objectively determined based on the following formula:

 (Household’s Adjusted Gross Income x 0.3) – Base Rent = Maximum Rental Assistance Payment o In special cases, and only when expressly approved by the City, Program Administrator may provide financial assistance equal to 100% of a households rent when failure to do so would result in a shortfall.

Prior to the award of funds, Program Administrator shall submit the following documents to the City:

From the Landlord/Property Owner:
o W-9 for the Landlord/Property Owner receiving rental payment; and o Signed affidavit affirming that the Landlord/Property Owner has not and will not receive payment for the same month(s) rent due for the same tenant from any other rental assistance program.

From the Tenant/Household:

 Executed Rental Assistance Agreement that includes a signed affidavit affirming that the tenant is not receiving rent from any other sources (rental assistance programs, sub-lessees, roommates, etc.).

Reporting Requirements

Monthly - Program Administrator shall submit quarterly reports addressing progress of objectives identified in the Scope of Work by the 15th of the month following the close of each prior month.

Quarterly - Program Administrator shall submit quarterly invoices for services provided to the City by the 15th of the month following the close of the quarter. Quarterly invoices must include back-up documentation for all costs submitted for reimbursement. Only those items in the approved budget, or an approved amendment, will be eligible for reimbursement. 697

Annually – Program Administrator shall provide an annual report within 45 days of the completion of each contract year. The annual report shall provide a summary of applicants who were approved and received rental assistance to include the following data:
 Name and address
 Participant eligibility
 Income level, ethnicity and race category
 Documented need for rental assistance
 Total rental assistance payment approved including the amount paid and for what month(s)/year

Program Administrator shall provide a summary of applicants who were denied rental assistance to including the following:
 Name and address
 Reason for rental assistance program denial

Program Administrator shall prepare, submit and report the results of a Client Satisfaction Survey of all program applicants to determine their satisfaction with participating in the program and working with the Program Administrator.

If the contract between the City and Program Administrator is extended, the Program Administrator shall provide annual reports following each subsequent contract year. 698

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1202 Meeting Date: 6/20/2023
TITLE:

COSTA MESA BRIDGE SHELTER CAPACITY PROJECT
DEPARTMENT: CITY MANAGER’S DEPARTMENT
PRESENTED BY: NATE ROBBINS, NEIGHBORHOOD IMPROVEMENT MANAGER CONTACT INFORMATION: LORI KARAGUEZIAN, SENIOR MANAGEMENT ANALYST, 714- 754-5347
RECOMMENDATION:

Staff recommends the City Council:

1. Approve Amendment No. One to the Memorandum of Understanding with the City of Newport Beach to increase their annual payment by $275,000 for an updated annual contribution of $1,275,000 and a one-time payment of $50,000 to cover capital costs; and appropriate said funds to the Housing Authority Budget.

2. Approve proposed Amendment No. One to the Subrecipient Agreement with Bracken’sKitchen increasing the compensation by $73,000 for a new annual not-to-exceed amount of $400,600.

3. Approve Amendment No. One to the Subrecipient Agreement with Mercy House increasing the compensation by $185,286 for a new annual not-to-exceed amount of $2,185,286.

4. Authorize the City Manager and City Clerk to execute all agreements and any amendments to the agreements.

BACKGROUND:

In April 2021, the City of Costa Mesa opened the 72-bed Bridge Shelter at 3175 Airway Avenue. The Shelter provides temporary housing coupled with wrap-around services to support clients on their journey to securing permanent housing. Three (3) of the Shelter’s72 beds are separate from the dorms and allocated for emergency use (i.e., less than 24 hours) in extenuating situations.

In November 2020, the City of Costa Mesa and Newport Beach entered into a Memorandum of Understanding (MOU) to share the costs of developing and operating the Shelter. Consequently, 20 of the Shelter’s72 beds are set aside for occupancy by Newport Beach clients, for which they pay $50,000 per bed or $1,000,000 annually.

The remaining 49 beds are allocated for exclusive use by Costa Mesa clients, plus the 3 floating

Page 1 of 4 ends

Costa Mesa City CouncilJune 20, 2023

Costa Mesa City Council
June 20, 2023