Fontana City Council
June 27, 2023

16498.00100\41176150.1

1 CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT
SP-86-HD-23

This Agreement is made and entered into as of June 14, 2023 by and between the City of Fontana, a public agency organized and operating under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (“City”), and Water of Life Community Church, a Corporation with its principal place of business at 14418 Miller Ave, Suite K Fontana CA 92336 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as a “Party” and collectively as the “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Delivery of Emergency Solutions Grant Services to the Homeless Population of the City of Fontana (hereinafter referred to as “the Project”).

B. City participates in the Emergency Solutions Grant program administered by the United States Department of Housing and Urban Development (“HUD”) under Subtitle B of Title IV of the McKinney -Vento Homeless Assistance Act (42 U.S.C. § 11371- 11378 et seq. ) as amended from time to time, Catalog of Federal Domestic Assistance Number 14.231, and the regulations promulgated thereunder (24 C.F.R. § 576 et seq .). Pursuant to the Emergency Solutions Grant program, City receives funds from HUD (“ESG Funds”) to be used to address the needs of homeless persons and persons at-risk of becoming homeless.

C. City may enter into agreements with subrecipients to support the operation and use of the regional Homeless Management Information System (“HMIS”), and ESG Funds may be used for Emergency Solutions Grant activities including street outreach, emergency shelter, homelessness prevention, and rapid re-housing assistance.

D. Consultant is duly licensed and has the necessary qualifications to provide such services, as re quired under this Agreement . City desires to hire Consultant to implement the Project using ESG Funds for services that are eligible expenses under the Emergency Solutions Grant.

E. City’s hiring Consultant pursuant to this Agreement, and the fulfillment of the terms and conditions set forth herein, are in the vital and best interests of the City and the welfare of its residents, and in accordance with the purpose and provisions of the Emergency Solutions Grant program
F. The Parties desire by this Agreemen t to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

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2 Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Reporting and Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under
this Agreement , inclusive of any extended term as allowed under Section 5, exceed the sum of One Hundred Six-Two Thousand, One Hundred Ninety Dollars and Zero Cents ($162,190.00). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed; provided, however, that the City shall not be required to make any payments hereunder as reasonably necessary to ensure compliance with the ESG Requirements, as set forth in Section 7(d). Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Term.

The term of this Agreement shall be from July 1, 2023, to June 30, 2024, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement to renew this Agreement annually for no more than four (4) additional one- year terms should funding to continue the Project be available. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non - performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.

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3 b. Should such circumstances occur, the non- performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law and E
SG Requirements.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
d. Consultant shall comply with the requirements of Subtitle B of Title IV of the M
cKinney-Vento Homeless Assistance Act (42 U.S.C. § 11371-11378) as amended from time to time, the regulations promulgated thereunder (24 C.F.R. § 576 et seq. ), and the legal requirements set forth and referred to in Exhibit “ C” attached to this Agreement (“ESG Requirements”). The ESG Funds shall only be used for expenses for the Scope of Services and allowable for ESG Funds in accordance with the ESG Requirements.

8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

In addition, Participant shall operate the Program and perform the services required for the Project in compliance with the ESG Requirements.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City . No employee or agent of Consultant shall become an employee of City . The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

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4 11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City , and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.

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5 (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall giv e City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City , the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.

(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.

d. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage

Automobile Liability $1,000,000 combined single limit Employer’s Liability $1,000,000 per accident or disease (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. e. Evidence R
equired
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6 Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25 -S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
f. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:

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7 (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by v irtue of this Agreement.
j. Subconsultant Insurance Requirements .

Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemni
fication.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

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8 b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. Cal
ifornia Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws . It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1) . The requirement to subm it certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. I f the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Ve
rification of Employment Eligibility.

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9 By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Res
erved.

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services perf ormed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 D
ocuments. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign a Project Manager approved by the City. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. No tice

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10 Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Valerie Gonzales, Housing
Development Manager
CONSULTANT:

Water of Life Community Church
14418 Miller Ave, Suite K
Fontana, California 92336
Attn:

and shal
l be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

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11 27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either P arty, unless such waiver is specifically specified in writing.

28. Time of Essence
Time is of the essence for each and every provision of this Agreement.

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City , during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

[SIGNATURES ON FOLLOWING PAGE]
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12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

CITY OF FONTANA

By:

Mathew C. Ballantyne
City Manager

WATER OF LIFE COMMUNITY CHURCH

By:

NAME
TITLE

Attest:

By:

Germaine McClellan Key
City Clerk

Approved as to form:

Best Best & Krieger LLP
City Attorney

By: _____________________________
Phillip Burum
Deputy City Manager

IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS

By: ______________________________
Rakesha Thomas
Human Resources & Risk Management Director

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION

POLICIES/PROCEDURES

___________________________________
Chief Financial Officer

Purchasing Office

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13 EXHIBIT A
Scope of Services

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EXHIBIT A
Date:

Faith Based:

UEI:

Tel:

Objective:

Outcome: Availability / Accessibility

PROGRAM ELIGIBILITY
ESG Eligibility Citation:

Homelessness Prevention & Rapid Re-Housing
24 C.F.R. §576.103 & 24 C.F.R. §576.104
Creating a Suitable Living Environment

PROGRAM DETAIL

CITY OF FONTANA EMERGENCY SOLUTIONS GRANT PROGRAM
July 1, 2023OriginalVersion:

Location of Service: City-wide
Email: [email protected]
Agency Address:

Participant Agency:

Agency Type: Non-Profit Yes
Federal EIN: EAXDA4HEX5Q5
Water of Life Community Church
Homeless Prevention and Rapid Rehousing Services
14418 Miller Ave, Suite K Fontana CA 92336
Mark Nuaimi
Program:
33-0454978
Title:
909-463-0103 x4133Contact Person:

Sr. Staff Director

DESCRIPTION OF PROGRAM SERVICES
• Rapid Re-housing Tenant-Based Rental Assistance -- short-term, medium-term rental assistance, security deposits, utility deposits/payments, financial assistance, and moving costs assistance. • Rapid Re-housing Housing Relocation and Stabilization Services -- housing search and placement, housing stability case management, landlord-tenant mediation, tenant legal services, credit repair and more.
• Homeless Prevention Tenant-Based Rental Assistance -- Short-term (up to three months) and medium-term rental assistance, including up to six months of rental arrears, to individuals and families at imminent risk of homelessness.
• Homeless Prevention Housing Relocation and Stabilization Services -- Homelessness prevention housing relocation and stabilization services, including financial assistance such as rental application fees, security deposits, advance payment of last month's rent, utility deposits and payments, moving costs, housing search and placement, housing stability case management, mediation, legal services, and credit repair.
• HMIS Reporting -- HMIS and data collection, including staff costs for contributing data to the HMIS designated by the local CoC, including time to complete data entry, monitoring, and reviewing of data quality
Exhibit A - for subrecipient.xls - 1 - 7-1-23
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EXHIBIT A
Authorized ESG Grant Expenditures:
$
Homelessness Prevention Subtotal: $
$
Rapid Re-Housing Subtotal: $
ESG Grant Total: $
Authorized Matching Funds Expenditures Pursuant to 24 CFR § 576.201:
$
$
$
$
$
$
$
$
Matching Funds Subtotal: $
Total Program Budget: $
Expenses may not be incurred until this Agreement has been fully executed and the Contract Officer issues a Notice to Proceed. Attention is further directed to Exhibit B of the Agreement concerning specific conditions precedent to disbursement of City Grant proceeds.

Budget modifications may be submitted in writing to the Housing Department and may be approved by the City's Representative.

Rapid Rehousing 48,657.00
113,533.00Homelessness Prevention
157,815.00

PROGRAM BUDGET
162,190.00
Homeless Prevention: Rental, Utility Assistance, Volunteer Hours 221,351.00
Rapid Rehousing: Volunteer Hours 55,725.00
Street Outreach: Volunteer Hours
Administration: Insurance Utilities, Phones, Maintenance 117,546.00 714,627.00
552,437.00
113,533.00
48,657.00
Exhibit A - for subrecipient.xls - 2 - 7-1-23
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EXHIBIT A
Participant Agency's Federally Negotiated Indirect Cost Rate is %.

Pa
rticipant Agency requests an indirect rate of
Participant Agency has accounting practices in place that support charging costs to a cost allocation pool. Participant Agency shall submit cost allocation supporting documentation for allocations of $250 or %. (Not to exceed 15%)
Participant Agency previously negotiated or currently has an approved indirect cost rate with a Federal (cognizant) agency. A copy of the most recently approved rate agreement is attached. Participant Agency shall provide City with a more current rate once it is approved by the Federal (cognizant) agency.

Federally Accepted De Minimis Indirect Cost Rate
Participant Agency does not have a current Federally Negotiated Indirect Cost Rate (including provisional). Participant Agency requests as a condition of this Agreement to charge a flat de minimis indirect cost rate of 10 percent of modified total direct costs (MTDC).

Negotiated Indirect Cost Rate
Participant Agency does not currently plan to obtain a Federally Negotiated Indirect Cost Rate. Participant Agency elects to negotiate an indirect rate of Modified Total Direct Costs (MTDC).

If the rate is below 10 percent, Participant Agency shall follow the De Minimis rules (no receipts).

Type of Indirect Rate (Select One)
Select the type of indirect rate applicable to this Agreement. This rate will apply for the life of this grant and may not be changed.

Decline Indirect Cost Rate
Participant Agency received a copy of the City’s Indirect Costs Policy and elects to decline reimbursement for indirect costs. Participant Agency understands this selection may not be changed during the term of this Agreement.

Federally Negotiated Indirect Cost Rate
Indirect costs shall be charged to the grant on an item-by-item basis.

Participant shall maintain documentation of receipts for indirect items $250 and over and shall provide such documentation to City upon

INDIRECT COST SELECTION
Template ESG23 - Exhibit A - for subrecipient.xls - 3 - 7-1-23 DRAFT

EXHIBIT A

SPECIAL REQUIREMENTS
Homelessness Prevention and Rapid Re-Housing Components The provisions of 24 CFR § 576.103 pertaining to Homelessness Prevention and 24 CFR § 576.104 Rapid Re-Housing apply to these activities whether the expenditure is from ESG funds or matching funds. ESG funds may be used to provide housing relocation and stabilization services and short- and/or medium- term rental assistance necessary to prevent an individual or family from moving into an emergency shelter or another place described in paragraph (1) of the “homeless” definition in §576.2.

Homelessness prevention may be provided to individuals and families who meet the criteria under the “at risk of homelessness” definition, or who meet the criteria in paragraph (2), (3), or (4) of the “homeless” definition in §576.2 and have an annual income below 30 percent of median family income for the area, as determined by HUD. Rapid Re-Housing may be provided to individuals and families who meet the criteria under the "homeless" definition in paragraphs (1) or (4) in §576.2. The costs of homelessness prevention and rapid re-housing are only eligible to the extent that the assistance is necessary to help the program participant regain stability in the program participant's current permanent housing or move into other permanent housing and achieve stability in that housing.

Homelessness prevention and rapid re-housing must be provided in accordance with the housing relocation and stabilization services requirements in §576.105, the short-term and medium-term rental assistance requirements in §576.106, and the written standards and procedures established under §576.400.

Housing Relocation and Stabilization Services
The provisions of 24 CFR § 576.105 pertaining to Housing Relocation and Stabilization Services apply to these activities, whether the expenditure is from ESG funds or matching funds. Subject to the general conditions under § 576.103 and § 576.104, ESG funds may be used for financial assistance costs to pay housing owners, utility companies, and other third parties for rental application fees, security deposits not to exceed two months' rent, last month's rent (may be paid to the owner at the time the security deposit and first month's rent are paid, but counts in the calculation of up to 24 months assistance during any 3-year period), utility deposits, utility payments subject to regulatory conditions at § 576.105(a)(5), moving costs subject to regulatory conditions at § 576.105(a)(6), and emergency transfers subject to regulatory conditions at § 576.105(a)(7). Subject to the general restrictions under §576.103 and §576.104, and in accordance with § 576.105(b), ESG funds may be used to pay the costs of pro
viding services including housing search and placement, housing stability case management, mediation, legal services, and credit repair. The maximum period of assistance for these services shall not exceed 24 months during any 3-year period. Financial assistance cannot be provided to a program participant who is receiving the same type of assistance through other public sources or to a program participant who has been provided with replacement housing payments under the Uniform Relocation Act, during the period of time covered by the Uniform Relocation Act payments. Housing counseling, as defined in §5.100, that is funded with or provided in connection with ESG funds must be carried out in accordance with §5.111. When recipients or subrecipients provide housing services to eligible persons that are incidental to a larger set of holistic case management services, these services do not meet the definition of housing counseling, as defined in §5.100, and therefore are not required to be carried out in accordance with the certification requirements of §5 111 Template ESG23 - Exhibit A - for subrecipient.xls - 4 - 7-1-23 DRAFT

EXHIBIT A

SPECIAL REQUIREMENTS
Short-Term and Medium-Term Rental Assistance
The provisions of 24 CFR § 576.106 pertaining to short-term and medium-term rental assistance apply to this activity. A program participant may benefit from up to 24 months of rental assistance during any 3-year period. This assistance may be short-term rental assistance, medium-term rental assistance, payment of rental arrears, or any combination of this assistance. Short-term rental assistance is assistance for up to 3 months of rent. Medium-term rental assistance is assistance for more than 3 months but not more than 24 months of rent. Payment of rental arrears consists of a one-time payment for up to 6 months of rent in arrears, including any late fees on those arrears. Rental assistance cannot be provided unless the rent does not exceed the Fair Market Rent established by HUD, as provided under 24 CFR part 888, and complies with HUD's standard of rent reasonableness, as established under 24 CFR 982.507. For purposes of calculating rent, the rent shall equal the sum of the total monthly rent for the unit, any fees required for occupancy under the lease (other than late fees and pet fees) and, if the tenant pays separately for utilities, the monthly allowance for utilities (excluding telephone) established by the San Bernardino County Housing Authority. Participant Agency shall only make rental assistance payments to an owner that is party to a rental assistance agreement that establishes the terms under which rental assistance will be provided, including the requirements of 24 CFR § 576.106 and provides that, during the term of the agreement, the owner must give the recipient or subrecipient a copy of any notice to the program participant to vacate the housing unit or any complaint used under State or local law to commence an eviction action against the program participant. Each rental assistance agreement shall include all protections that apply to tenants and applicants under 24 CFR Part 5, subpart L, as supplemented by § 576.409, except for the emergency transfer plan requirements under 24 CFR § 5.2005(e) and § 576.409(d). If the housing is not assisted under another “covered housing program”, as defined in 24 CFR § 5.2003, the agreement may provide that the owner's obligations under 24 CFR Part 5, Subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking), expire at the end of the rental assistance period.

Participant Agency shall make timely payments to each owner in accordance with the rental a ssistance agreement that shall contain the same payment due date, grace period, and late payment penalty requirements as the program participant's lease. The recipient or subrecipient is solely responsible for paying late payment penalties that it incurs with non-ESG funds. Each program participant receiving rental assistance must have a legally binding, written lease for the rental unit, unless the assistance is solely for rental arrears. The lease must be between the owner and the program participant. Where the assistance is solely for rental arrears, an oral agreement may be accepted in place of a written lease, if the agreement gives the program participant an enforceable leasehold interest under state law and the agreement and rent owed are sufficiently documented by the owner's financial records, rent ledgers, or canceled checks. Each lease shall incorporate a lease addendum that includes all requirements that apply to tenants, the owner or lease under 24 CFR Part 5, Subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking), as supplemented by 24 CFR § 576.409, including the prohibited bases for eviction and restrictions on construing lease terms under 24 CFR § 5.2005(b) and (c).

Template ESG23 - Exhibit A - for subrecipient.xls - 5 - 7-1-23 DRAFT

EXHIBIT A

SPECIAL REQUIREMENTS
Tenant Based Rental Assistance
Pursuant to §576.106(h) the program participant may select a housing unit in which to live and may move to another unit or building and continue to receive rental assistance, as long as the program participant continues to meet the program requirements. The Participant Agency may require that all program participants live within a particular area for the period in which the rental assistance is provided. The rental assistance agreement with the owner must terminate and no further rental assistance payments under that agreement may be made if the program participant moves out of the housing unit for which the program participant has a lease, the lease terminates and is not renewed, or the program participant becomes ineligible to receive ESG rental assistance.

Changes in Household Composition
The limits on the assistance under § 576.105 and § 576.106 apply to the total assistance an individual receives, either as an individual or as part of a family.

Matching Requirement
The matching requirements of 24 CFR § 576.201 shall apply to this activity. The City of Fontana requires Participant Agency to provide a 1:1 match for all ESG expenditures. The eligible forms of matching contributions are defined at § 576.201(d).

Evaluation of Program Participant Eligibility and Needs Pursuant to 24 CFR §576.401, Participant Agency shall conduct an initial evaluation to determine the eligibility of each individual or family's eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing. These evaluations must be conducted in accordance with the centralized or coordinated assessment requirements set forth under §576.400(d) and the written standards established under §576.400(e).

Terminating Assistance
Participant Agency shall administer termination of assistance in accordance with 24 CFR § 576.402.

Conflict of Interest
The Conflict of Interest provisions of 24 CFR § 576.404 apply.

Housing Owned by the Participant Agency
The provision of any type or amount of ESG assistance may not be conditioned on an individual's or family's acceptance or occupancy of emergency shelter or housing owned by the City of Fontana, the Participant Agency, or a parent or subsidiary of the Participant Agency. Participant Agency may not, with respect to individuals or families occupying housing owned by the Participant Agency, or any parent or subsidiary of the Participant Agency, carry out the initial evaluation required under §576.401 or administer homelessness prevention assistance under §576.103.

Template ESG23 - Exhibit A - for subrecipient.xls - 6 - 7-1-23 DRAFT

EXHIBIT A

SPECIAL REQUIREMENTS
Indirect Cost Rate
Pursuant to 2 CFR §200.332(a)(4), the Indirect Cost Rate for the Participant shall be an approved federally recognized indirect cost rate negotiated between the Participant and the Federal government, or, if no such rate exists, either the De Minimis indirect cost rate as defined in 2 CFR §200.414(f) Indirect (F&A) costs or a negotiated indirect cost rate between the City and Participant.

Indirect costs may be allocated to each eligible activity under § 576.101 through § 576.108, so long as that allocation is consistent with 2 CFR Part 200, Subpart E.

Required Participation
Participant must report client level data into regional Homeless Management Information System (HMIS) in a timely manner and participate in the regional Coordinated Entry System (CES).

Invoice Documentation
Until such time as the Contract Officer expressly communicates in writing Participant must submit invoices monthly with the following back up documentation:
1) Transaction detail by account
2) Staff time and activity reports
3) Invoices/ receipts
4) Travel logs – If expense incurred
5) Equipment logs – Updated log provided if expense incurred 6) HMIS roster by program – Indicate clients new to the service provider and, if any, those in receipt o
only case management.

Where rent and utilities are charged as eligible expenses under HMIS provide up-to-date cost allocation plan for those expenses. Provide up-to-date lease agreement. Provide monthly utility invoice(s).

Match Documentation
Until such time as the Contract Officer expressly communicates in writing Participant must submit match reports monthly with documentation. Depending on the source of match and back up documentation will differ. Documentation requirements for staff and volunteer match are below.

Staff Match
1) Transaction Detail – Payroll
2) Time and Activity Reports
Volunteer Match: Detailed Sign-In

Template ESG23 - Exhibit A - for subrecipient.xls - 7 - 7-1-23 DRAFT

Qualifications for Delivery of Services for
City of Fontana
Emergency Solutions Grant Program
SP-86-HD-23

Water of Life Community Church 11418 Miller Ave., Suite K Tel: 909-463-0103 Fontana, CA 92336 Fax: 909-463-1436
www.wateroflifecc.org Tel: 909-803-1059 X 2227 - CITYLINK [email protected]

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Water of Life Community Church

March 6, 2023

Ms. Elia Alvarez
City of Fontana – Purchasing Office
8353 Sierra Avenue
Fontana, CA 92335

Dear Ms. Alvarez:

Water of Life Community Church is pleased to submit the following proposal that continues the delivery of services for the Emergency Solutions Grant Program for the City of Fontana. We are uniquely qualified to meet the scope of services, facilitate the effective delivery of services and meet the required m atching contributions . We welcome the opportunity to continue providing and administer ing services under t he ESG Program and to demonstrate our commitment and expertise in fulfilling the program requirements.

Water of Life Community Church brings a long -standing tradition of serving the community of Fontana through its outreach campus at CITYLINK. The staff at CITYLINK administered the Homeless Prevention and Rapid Re - Housing Program (HPRP) as a sub-grantee for the City of Fontana from 2009-2012, the ESG Grant from 2012-2022 and is currently administering the final 2022-2023 ESG Grant under our current contract.

During the COVID-19 pandemic, CITYLINK expanded services to the community to address the dramatic impacts on those experiencing homelessness and those at risk of falling into that category. We continued to do Homeless Prevention and Rapid Re -housing under ESG -CV. We expanded our services to include Street Outreach & Engagement and introduced the city’s first ever mobile shower facility (Showers of Blessing) to offer direct and immediate services to the homeless community. In the coming months, we will be implementing the final piece of our Pathway to Housing strategy when we open Bridge of Hope -- the city’s first emergency shelter house.

Water of Life Community Church broke ground this January on a permanent home for CITYLINK. This multi-phase development will provide integrated shower facilities within the Joe Annunziato Outreach Center (Phase 1 – 26,000 square foot building) and will house the Food Warehouse, counseling offices, training classrooms and other support services currently offered in downtown Fontana. Subsequent phases of this campus will include the development of childcare facilities and transitional housing units to augment the access to affordable / transitional housing in the City of Fontana.

We have thirteen years of expertise working in collaboration with the City of Fontana, the County of San Bernardino, Office of Homeless Services/Continuum of Care and numerous other agencies that provide services to those who are homeless or at-risk of becoming homeless. We are the “go-to” organization in Fontana when it comes to addressing homelessness prevention and response.

The staff at CITYLINK are prepared to deliver services immediately and are well versed with the HMIS data system and the Consolidated Entry System (which is used to determine priority and need for those receiving financial assistance through Rapid Re-Housing funds). Further, due to supporting grants in the areas of Street Outreach and operation of the Emergency Shelter (Bridge of Hope) through 2026, Water of Life CITYLINK is the only entity in Fontana that can provide comprehensive services to the community while focusing the ESG funding in the areas of Homelessness Prevention and Rapid Re-Housing.

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In addition to the services provided with ESG Grant funding, Water of Life Community Church has a long-standing partnership with the Fontana Community Assistance Program (CAP). This partnership, along with the numerous direct services provided by CITYLINK, is incorporated into the guest’s individual housing and services plan and becomes the supportive wrap-around services needed to help them maintain their housing, long-term. Our case managers also coordinate services with other mainstream agencies, non-profit and for-profit agencies. These case managers are committed to building bridges (spiritually, mentally, emotionally, and physically) for those they serve, so that our guests can be successful in their journey towards sustainability.

We are confident that we can deliver a well-managed ESG Program with the protocols and systems we have in place and will continue to seamlessly and effectively administer the services established under the ESG (SP-86’HD- 23 Grant).

For ease of review and evaluation, we have structured our proposal to match the evaluation criteria spelled out in the city’s Notice of Funding Availability (NOFA). In addition to an introduction and overview into Water of Life Community Church & CITYLINK, you will find sections addressing the following topics:

 EVALUATION CRITERIA #1 – PRIOR EXPERIENCE ............................................................................... 3  EVALUATION CRITERIA #2 – STAFF CAPACITY .................................................................................... 4  EVALUATION CRITERIA #3 – PROGRAM WORKFLOW, BUDGET, RESOURCE LEVERAGING ................ 6  EVALUATION CRITERIA #4 – SUCCESS OF PROGRAMS ...................................................................... 9  EVALUATION CRITERIA #5 – TARGETING OF SERVICES ..................................................................... 12

Our project team (See Exhibit F – Key Personnel) welcomes the opportunity to answer any questions or to provide additional information you require to assist you in your selection process.

Sincerely,

Victor Arias –Director of CITYLINK/Local Outreach Geovanni Quiroz – Grants Manager Water of Life Community Church Water of Life Community Church DRAFT
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PROPOSAL FOR EMERGENCY SOLUTIONS GRANT PROGRAM
SP-86-HD-23

HISTORY- WATER OF LIFE COMMUNITY CHURCH / CITYLINK

Water of Life Community Church was established on Sunday, October 28, 1990, when a group of twenty -one adults and eleven children gathered to worship at the La Petite Childcare Building in Rancho Cucamonga. It was a fellowship that had arisen from a men’s bible study. This was a group of people who had grown together and who, together, faithfully committed to seek God’s plan as a church family.

Water of Life’s start was simple but miraculous. It was just God and us, but mostly God. He made something out of nothing. Pastor Dan Carroll wanted to be a missionary and truly expected the church to fail so he could go overseas. But people kept coming, God kept working. We put out chairs, sang songs, preached the Word, loved our neighbors, built buildings, and kept growing. But land and buildings are never the story. Faith is always the story. And people are the story. Still, God uses land and buildings to build faith and to touch people, and God wanted Water of Life to touch more people in bigger ways. We stepped up in faith, then watched God unfold miracle after miracle and change life after life.

Dr. Dan Carroll is founder and Senior Pastor of Water of Life Community Church in Fontana, California, a rapidly growing, innovative, non -denomination church
dedicated to touching and transforming neighborhoods
and nations. With more than thirty -two years of pastoral experience in Southern California, Pastor Dan is familiar with the issues and culture unique to the Inland Empire and has a passion for communicating life-changing truth with every-day relevance to this dynamic community.

Water of Life Community Church’s main campus is
located at 762 5 East Avenue in Fontana. The facility
includes a main worship center (seats 3, 200), a multi - purpose venue (seats 750), a 2- story classroom building, on-site venue building (four venues ),
children’s/educational wing , a two story parking
structure with three outlaying parking lots. There are also two off -site campuses one in Upland and one in
Townsville Australia. The administration office is located at 14418 Miller Ave., Suite K, Fontana, CA 92336.

To enforce its core value of CARING for the poor, the
hurting and the needy, Water of Life Community Church
ensures this CARING takes on many forms. At CITYLINK, the outreach campus of Water of Life , located at 8440
Nuevo Street in Fontana is where CARING comes to
meet the community’s poor and needy. At this campus,
guests have access to services from our food
warehouse, clothing store, mobile medical unit, support groups, housing and utility assistance, holiday
outreaches, large community events and numerous
enrichment and educational classes to enforce support
of the family unit and it s well- being. During the recent COVID-19 global pandemic, CITYLINK/WOL provided
over $2,500,000 in services flowing through the various programs at CITYLINK (not including the ESG Grant
funds).

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A NEW PLACE TO GROW AND SERVE

CITYLINK operates out of City-owned facilities within the Downtown (future Uptown) of Fontana. With plans for redevelopment, the city has worked with Water of Life to locate and entitle a new CITYLINK campus at the corner of Citrus & Arrow Blvd. This multi-phase campus broke ground in January and will house all the CITYLINK services while also providing opportunities for additional development of transitional housing in Fontana.

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EVALUATION CRITERIA #1 – PRIOR EXPERIENCE
For the past thirteen years, the staff at CITYLINK has administered and delivered services to the community under the HPRP Program , the ESG Program , and the ESG -CV program for the City of Fontana. We are currently operating the ESG program under this scope of services:
• Rapid Re-housing Tenant-Based Rental Assistance -- short-term, medium-term rental assistance, security deposits, utility deposits/payments, financial assistance, and moving costs assistance.

• Rapid Re -housing Housing Relocation and Stabilization Services -- housing search and placement, housing stability case management, landlord -tenant mediation, tenant legal services, credit repair and more.

• Homeless Prevention Tenant -Based Rental Assistance -- Short-term (up to three months) a nd medium- term rental assistance, including up to six months of rental arrears, to individuals and families at imminent risk of homelessness.

• Homeless Prevention Housing Relocation and Stabilization Services -- Homelessness prevention housing relocation and stabilization services, including financial assistance such as rental application fees, security deposits, advance payment of last month's rent, utility deposits and payments, moving costs, housing search and placement, housing stability case management, mediation, legal services, and credit repair.

• HMIS Reporting -- HMIS and data collection, including staff costs for contributing data to the HMIS designated by the local CoC, including time to complete data entry, monitoring, and reviewing of data quality.

In 2020 CITYLINK was able to expand its scope of services with the administration of the ESG-CV program in the following areas:
• Street Outreach & Engagement -- essential services related to reaching out to unsheltered homeless individuals and families, connecting them with emergency shelter, housing, or critical services, and providing them with urgent, non-facility-based care. Services include engagement, case management, emergency health and mental health services, transportation, and services for special populations.

• Emergency Shower Unit -- Providing access to showers with a portable shower unit to help mitigate the spread of the Corona Virus and other related diseases. Providing showers on a monthly and weekly basis. Engagement with the homeless population using services and providing case management.

• Emergency Shelter Program -- Providing emergency shelter in the form of hotel vouchers for up to 30 days while providing essential services, including case management, childcare, education services, employment assistance and job training, outpatient health services, legal services, life skills training, mental health services, substance abuse treatment services, transportation, and services for special populations.

• Emergency Shelter Program EXPANDED – The City of Fontana purchased a house that will function as an emergency shelter for the homeless here in Fontana. This house will shelter individuals and families experiencing homelessness for up to 90 days. This shelter will also provide essential services, including case management, childcare, education services, employment assistance and job training, outpatient health services, legal services, life skills training, mental health services, substance abuse treatment services, transportation, and services for special populations.

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EVALUATION CRITERIA #2 – STAFF CAPACITY
The CITYLINK Project Team has the expertise, knowledge of and experience in:
• Assessing guest eligibility and need for each specific program component of the grant - Homeless Prevention (576.103) and Rapid Re-Housings (567.104)
• Eligible use of funds
• Developing and monitoring individual housing and support plans (long-term). • Housing Standards, Fair Market Rent (FMR) determinations and forms required in case file (including the site inspection)
• Identifying and contacting eligible property owners, landlords and utility companies • Managing the distribution and accounting of assistance checks for eligible activities - with internal controls.
• Organizational capacity to meet the grant match (576.201) • The HMIS reporting system, which includes meeting all data entry timelines , accuracy, and quality controls. Coordinating with the Office of Homeless Services to produce the required reports for the City of Fontana (CAPER), city monitor and HUD auditors.
• The required confidentiality procedures are necessary for all record s containing P ersonally Identifying Information (PII). Have an established procedure to ensure all records are kept secure and confidential.

All program participants are made aware of the confidentiality procedure. • Working with the Coordinated Entry System, which establishes priority and need and helps increase efficiency of local resources, improve fairness and ease of access to resources. • Collaborations with mainstream and other service providers to provide supportive wrap -around services for our guests.
• Managing case file and all the documentation requirements for each program component.

KEY PERSONNEL – PROJECT TEAM OVERVIEW (see Exhibit F for Project Team Bios)

Below is an overview of the Project Team assembled at CITYLINK to administer our Pathway to Housing strategy (see page6). This list contains positions that are funded through sources outside of ESG, providing seamless services to the homeless clientele while leveraging resources from multiple public and private funding sources.

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- Project Team Lead
o Geovanni Quiroz (Grants Manager)
o Responsible for: the successful implementation of the goals of the program; overseeing the accounting functions (proper use of funds) associated with the grant. o Position partially funded with ESG funds.
- Case Management Team
o Lois Levitt (Case Manager Specialist), Ruth Humphrey (Case Manager Specialist) and Grace Marañon (Case Manager Technician)
o Responsible for: working with guests from initial evaluation/eligibility to end of program services; HMIS data input, collection, and reporting; understanding and compliance with rules/regulations of ESG grant.
o Case Manager Specialist positions partially funded with ESG funds. - Street Outreach Team
o Bianca Bustos (Street Outreach Specialist), Street Outreach Technician (position currently open) and volunteers
o Responsible for: connecting and engaging homeless people on the streets in an effort to link them to services and housing; responds to requests for service from first responders, business owners and residents; documentation and data entry.
- Housing Resource Specialist
o Leilani Herrera
o Responsible for: housing search and placement of guests including; connecting guests with adequate housing; working closely with community property owners and managers o Position partially funded by ESG funds.
- Client Care Technicians
o Positions currently open
o Responsible for: assisting and supporting homeless individuals and families residing at the emergency shelter house; provides direct client care and case management. - Community Assistance Program (CAP) Coordinator
o Talia Hernandez
o Responsible for: finding and coordinating referral and direct services for residents of Fontana who are unsheltered, at-risk, low-income or in need of assistance; administering services. - Reception and Intake Team
o Carla McFarland (Receptionist), Zamayra Vazquez (Sr. Administrative Coordinator), Ivette Luna (Volunteer Coordinator) and volunteers
o Responsible for: greeting and intake of all guests; directing guests to appropriate resources and sources of funding; documentation, paperwork, data entry. - Ministry Operations Team
o Omar Cervantes, Mike Allen, Mario Gaudreau and volunteers o Responsible for: oversight of food warehouse, thrift store, hygiene item collection and other services available to unsheltered residents; collection and distribution of food and other go ods; coordination and execution of outreach events
- Local Outreach Director
o Pastor Victor Arias
o Responsible for: oversight of Local Outreach staff and all operations at CITYLINK ; pastoral care for community members
- Professional Support Services Team
o Professionals, Coaches and Teachers
o Responsible for: providing professional services on an as-needed basis; past services include coaching, resume writing, job skills training, GED completion, English language learning, life skills, budgeting basics, etc.

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EVALUATION CRITERIA #3 – PROGRAM WORKFLOW, BUDGET, RESOURCE LEVERAGING Understanding that ESG funds are made available to alleviate or prevent homelessness, our project team collaborates within the homeless service community to assist the hardest to serve. We break down silos, to collaborate and coordinate across the service community to ensur e that local, state, and federal resources are used effectively and efficiently to end homelessness. We align w here possible the ESG rules with those of our Continuum of Care and Office of Homeless Services to keep people housed or to rapidly re -house the m.

Highlights of our approach include:
 We are a participant in the uniform data collection system HMIS which allows for information sharing and was part of the pilot project team that implemented the Consolidated Entry System.  Using the VI-SPDAT Assessment Tool, 211 United Way assists our project team with prioritization of the need for guests who are eligible for Rapid-Re-Housing funding.  As part of the consolidated plan committee, we adopt proven tools to prevent and end homelessness, using community -based prevention and rapid re -housing systems that embraces “ Housing First ” philosophies and promote models with successful, measurable outcomes that are supported by data.  We are visible in the community building public support and political will for ending homelessness - sharing data and best practices with our mayor and city council, county officials, school district representatives and other interested parties.
 We continuously are improving the quality of our methodology and service delivery plan.

Our “Pathway to Housing” (shown below) identifies the steps we support in addressing homelessness in the City of Fontana. Through the various grants, foundations, and in-kind contributions, we offer support in each of these areas:

FAMILY HOMELESS CHALLENGE GRANT
(FHCG – 1) – FHCG provides funding to
provide services from Street Outreach (Level
1) to Transitional Housing (Level 3) throu gh
2026. These funds will deliver CITYLINK
operations at the “Bridge of Hope” homeless
shelter and additional transitional units
coming online in the city of Fontana in the
coming year.

HOMEKEY – HOMEKEY funding provides
support for Level 5 services within the
Pathway to Housing.

EMERGENCY SOLUTIONS GRANT (ESG) – ESG
funding is concentrated to provide services
within Level 4 & 6 of our “ Pathway to
Housing”. Focusing the ESG funding in these
areas allows CITYLINK to maximize the
number of families provided with direct
tenant-based rental assistance and Housing
Relocation and Stabilization.

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BUDGET TRACKING / RESOURCE LEVERAGING
Over the past 13 years of operation, our CITYLINK team have developed a grant management tool for tracking and leveraging funds across multiple, simultaneous grants while augmenting the available funding through private contributions, in -kind match of volu nteer services, and direct monetary support from Water of Life Community Church.

At any given time, our grants management team balances the requirements, restrictions, and funding availability from multiple grants and non-government sources. The picture below is an example of the grant management matrix that CITYLINK maintains. This provides improved coordination, accountability & resource tracking across all the services we provide to the community.

ESG BUDGET BREAKDOWN
Our proposal concentrates the ESG funding in the areas of Rapid Rehousing & Homeless Prevention services. Due to the number of additional supporting grants, we are able to leverage those resources to set aside over 50% of the grant funds for direct aid to clients. The ESG funds contribute towards a portion of the salaries for two (2) Case Manager Specialists, a Housing Resource Specialist, and Grant Manager positions.

In addition to the staffing support, rental assistance
resources are included to provide:
 Security deposits
 Move-in costs
 Utility fees
 Application fees
 Rental arrears
 Financial assistance

CityLink
Pathway To Housing - Funding Sources
Rapid Re-Housing/Homeless Prevention
Case Manager Specialist 1 27,765.88
Case Manager Specialist 1 27,765.88
Case Manager Technician -
Housing Resource Specialist 1 12,210.10
Grant Manager - Supportive Services 1 8,191.54
Rental Assistance-RR 0.5 42,096.30
Rental Assistance-HP 0.5 42,096.30
Hotel/Motel -
Supportive Services -
Supplies/Program Costs 5,500.00
165,626.00
ESG FY 23/24
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MATCH / IN-KIND SERVICES
Our longstanding relationship with the City of Fontana is one of linking our city with our church so that we can provide and serve as many needs in the city as possible within our capacity and organizational structure. We take the lead in the yearly Point in Time Homeless Count, work closely with the project specialist, city monitor and report to the mayor and city council when asked.

Thousands of volunteer hours are accumulated each year and the supportive wrap-around services we provide have a deep reach in our community and have impacted thousands of people. In addition to the In -Kind contributions associated with volunteer hours, Water of Life has direct monetary commitment to CITYLINK tied to utilities, non-grant funded support positions, operation of the food pantry / thrift store, and other indirect costs associated with CITYLINK’s operation. These match resources more than meet the dollar -for-dollar requirement of the ESG grant. In fact, CITYLINK brings a 3.3:1 match ratio … leveraging over $550,000 of match through our CITYLINK services in the following areas:
 Street Outreach Volunteer Hours – over 10,000 hours of support at a value of $157,815.  Rapid Re-Housing Volunteer Hours – over 3,700 hours of support at a value of $55,725.  Homeless Prevention – over $220,000 of match provided through grant funded direct assistance (rental & utility) and additional volunteer support. Grant funding provided by Emergency Food & Shelter Program, Phase 39 & ARPAR.
 Administration – direct monetary contribution from Water of Life for insurance, u tilities, phones, maintenance, etc. with a total value of $117,546.

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EVALUATION CRITERIA #4 – SUCCESS OF PROGRAMS
You can tell a lot about a person by the company they keep. You can also tell a lot about an organization by the relationships they have established within the commun ity. At CITYLINK, we are proud of the outstanding working relationship we have with many of the key service providers & non-profits within the City of Fontana and the surrounding San Bernardino County community. For years, agencies across our region have referred homeless and hurting families to Water of Life CITYLINK during their most vulnerable times.

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We have a proven record and proven outcomes administering the following ESG Grants:

ESG #01 - FY 11/12 20 Families/Head of Household - 67 Individuals served ESG #02 - FY 12/13 75 Families/Head of Household - 282 Individuals served ESG #03 - FY 13/14 50 Families/Head of Household - 168 Individuals served ESG #04 - FY 14/15 55 Families/Head of Household - 202 Individuals served ESG #05 - FY 15/16 59 Families/Head of Household - 185 Individuals served ESG #06 - FY 16/17 52 Families/Head of Household - 145 Individuals served ESG #07 - FY 17/18 61 Families/Head of Household - 190 Individuals served ESG #08 - FY 18/19 53 Families/Head of Household - 173 Individuals served ESG #09 - FY 19/20 40 Families/Head of Household - 137 Individuals served ESG #10 - FY 20/21 33 Families/Head of Household - 94 Individuals served ESG-CV - FY 20/21 49 Families/Head of Household - 141 Individuals served ESG #11 - FY 21/22 42 Families/Head of Household - 127 Individuals served ESG-CV - FY 21/22 61 Families/Head of Household - 188 Individuals served

Totals FY11-22 650 Families/Head of Household - 2099 Individuals served

CITYLINK’s rental assistance and case management programs have served thousands of individuals and families over the years. Here are just a few of the ministry success stories:
 We have helped to employ individuals and have created permanent housing solutions for many of our clients.
 Many who have gone through our program have been directly employed by us, join ed our church, participated in other county programs, or come to serve as volunteers as a result of being blessed by the case management and financial assistance received at CITYLINK.  Women with children who have slept in their cars now have permanent housing.  Men who have struggled to find gainful employment have been assisted and are now stably employed.  We have developed a strong relationship with the city and with property managers who refer their clients to us for financial assistance and case management to ensure that they do not find themselves in the situation again.

The ultimate measure of success is whether we find permanent solutions for our clients. Due to a strong and enduring network of partners, we have been able to leverage all available resources in the city and county to ensure that those who are homeless or at -risk do not have to face similar circumstances a second time. This translates into an 85% success rate helping people find and keep permanent housing.

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SHOWERS OF BLESSING
Another measure of success is the quality of
innovation in the services we deliver. Each
week, our Street Outreach team supports
the homeless community by providing
access to showers with a portable shower
unit to help mitigate the spread of the
Corona Vi rus and other related diseases.

Every week, the Shower of Blessings is
deployed at the CITYLINK offices, enabling
engagement with the homeless population,
and providing case management.

Not only are these facilities very popular with
the chronically homeless, but they also
provide a tremendous opportunity for our
CITYLINK team to connect with potential
clients who might not ordinarily come into
the offices for assistance.

The CITYLINK team has found great success in the operation of the Showers of Blessing – so much so that Water of Life has designed two permanent showers to serve the homeless community throughout the entire week in the JOE ANNUNZIATO OUTREACH CENTER – Home of CITYLINK. These facilities will be opening in Spring 2024.

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EVALUATION CRITERIA #5 – TARGETING OF SERVICES

Street Outreach & Engagement identifies and serves the most vulnerable homeless population in the City of Fontana. We focus on the chronically homeless, those who have been on the street one year or longer and who suffer from mental illness, substance abuse, physical disabilities and extensive trauma. We go into encampments, parks, water channels and fields in order to connect homeless individuals and families with services such as health care, documentation, income sources, job employment, shelter and housing.

In collaboration with the Fontana Police Department and other agencies, we have engaged with hundreds of homeless individuals and families and have successfully bridged them to shelter, housing and other services.

Our street outreach team prioritizes their outreach efforts in areas frequented by those who are unsheltered (places they congregate, are known to stay, etc.) Our strategy is rather straightforward:
• We go to them -- We seek them out – We don’t just sit in the office and wait for someone to come.
 We hold a weekly shower outreach (called Showers of Blessing) where we provide a free shower via our mobile shower unit, hygiene items and fresh undergarments/socks; food is also provided.
• We offer a more comprehensive outreach every month with free showers, a meal, full clothes, referrals, haircuts.
• We give out a hot meal/snack every day (cup of soup, chili, hot sandwich, etc.) to unsheltered folks. This allows us to build relationships and help them, offer services, referrals, etc.
• CITYLINK partners with many agencies (see page 9) and with other local outreach groups/teams.

In addition to visiting commonly known places where homeless congregate, our team responds to requests for service made by first responders (police, fire), business owners and residents who encounter people who are homeless.

IN CONCLUSION – WE’VE ONLY JUST BEGUN!
As we conclude our proposal for the City of Fontana ESG program, we invite those reviewing this proposal to visit our website at https://wateroflifecc.org/citylink-building-project/ for more information on the JOE ANNUNZIATO OUTREACH CENTER – Home of CITYLINK. There you will find an information brochure highlighting the many ministries and services contained within CITYLINK.

To access the CITYLINK flipbook, visit:
https://user-5frv2sr.cld.bz/CityLink-book-singlepages-nobleed

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EXHIBIT A – INFORMATION REQUIRED OF APPLICANTS

APPLICANT FORM
APPLICANT certifies the following information is true and correct:

Agency Name: Water of Life Community Church

Contact Name: J im Kensinger

Agency Address: 14418 M
iller Ave., Suite K Fontana, CA 92336

Telephone:
(909) 463-0103 Fax:

Email Address: [email protected]

Under what other or former names has Proposer's organization operated?:

N/A

If Proposer's organization is a corporation, answer the following:

Dat
e of Incorporation: 10/23/1991

State of Incorporation: Ca lifornia

President’s Name: Da
nny L Carroll

Vice President's Name(s): Dan
iel Shane Carroll

Secretary's Name: Ji
m Kensinger

Treasurer's Name(s): D
avid Pelletier

If an individual or a partnership, answer the following:

Dat
e of Organization: N/A
Name and address of all partners (state whether general or limited partnership):

N/A
If other than a corporation or partnership, describe organization and name principals:

A California Non-profit Religious Organization

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List other states in which Proposer's organization is legally qualified to do business.

N/A

What type of work does the Proposer normally perform with its own forces? Serving the people and families within our community with various needs such as: food, shelter, counseling, medical care, prayer, social services referrals, classes, and financial assistance.

Has Proposer ever failed to complete any work awarded to it? If so, note when, where, and why:

No.

Within the last five years, has any officer or partner of Proposer's organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:

No.

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EXHIBIT B

NON-COLLUSION DECLARATION

EMERGENCY SOLUTIONS GRANT

PROGRAM
SP-86-HD- 23

The undersigned declares:

I am the S ecretary of Water of Life Community Church, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 03/01/23, at Fontana , California .

Jim Kensinger
Signature Print Name

Secretary
Title

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EXHIBIT B

CERTIFICATION OF NON-

DISCRIMINATION BY SUBRECIPIENTS

Labor Code Section 1735 requires that no discrimination be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex of such persons, except as provided in Government Code Section 12940.

The firm listed below certifies that it does not discriminate in its employment with regard to the factors set forth in Labor Code Section 1735; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal employment opportunity in employment.

We agree specifically:

1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.

3. To take affirmative steps to hire minority employees within the company.

FIR
M: Water of Life Community Church

TITLE OF PERSON
SIGNING: Secretary

SIGNATURE:

DATE: 03/01/2023
Please include any additional information available regarding equal opportunity employment programs now in effect within your company.

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EXHIBIT B

CERTIFICATION
LABOR CODE - SECTION 1861 - 6

I, the undersigned Contractor, am aware of the provisions of Section 3700 et
seq. of the

California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self -insurance in accordance with the provisions of the Code. I agree to and will comply with such provisions before commencing the Work governed by this Contract.

CONTRACTOR:

Water of Life Community Church
Name of Contractor:

By:

SIGNATURE

Jim Kensinger
NAME

Secretary

TITLE

03/01/2023
DATE

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EXHIBIT C: LIST OF REFERENCES

LIST OF REFERENCES

Please provide information of at least five (5) and no more than ten (10) references which are in similar size and scope of work that the proposer has provided EMERGENCY SOLUTIONS GRANT PROGRAM to within the last three (3) years.

Project Client
(Name/Phone)
Description of
Work
Period of
Performance
Magnitude Annual Value of
Contract
City of Fontana
909-350-6625
ESG Grant #3 FY 13/14 $122,521
City of Fontana
909-350-6625
ESG Grant #4 FY 14/15 $143,044
City of Fontana
909-350-6625
ESG Grant #5 FY 15/16 $158,738
City of Fontana
909-350-6625
ESG Grant #6 FY 16/17 163,146
City of Fontana
909-350-6625
ESG Grant #7 FY 17/18 $161,710
City of Fontana
909-350-6625
ESG Grant #8 FY 18/19 $153,981
City of Fontana
909-350-6625
ESG Grant #9 FY 19/20 $163,986
City of Fontana
909-350-6625
ESG Grant #10 FY 20/21 $166,199
City of Fontana
909-350-6625
ESG Grant #11 FY 21/22 $165,627
City of Fontana
909-350-6625
ESG Grant 2022 FY 22/23 $165,692

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EXHIBIT D: BUDGET WORKSHEET

Eligible Activity Budget Accomplishments
Street Outreach $0
Emergency Shelter $0
Rapid Re-Housing $82,813 # of families 20
# of individuals 75
Homeless Prevention $82,813 # of families 40
#of Individuals 125
HMIS $0
Total $165,626

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EXHIBIT E: MATCH WORKSHEET

Eligible
Activity
Type
(In-Kind or
Match)
Amount Description Source
Street Outreach Match $157,815 Volunteer hours Outreach- 1hr x $15.00 (Min Wage)
Water Of Life Community
Church (WOL)
Emergency
Shelter

Rapid Re-
Housing
Match $55,725 Volunteer hours Support
Services- 1hr x $15.00 (Min
Wage)
WOL
Homeless
Prevention
In-Kind
Match
$221,351 -Rental Assistance
-Utility Assistance
-Volunteer hours Support
Services- 1hr x $15.00 (Min
Wage)
-Emergency Food and Shelter
Program- Phase 39 & ARPAR
-WOL
Administration Match $117,546 Insurance, Utilities, Phones, Cost of maintenance, etc.

WOL
HMIS
TOTAL

$552,437

Matching requirements are defined in 24 CFR 576.201.

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Exhibit F: KEY PERSONNEL – PROJECT TEAM BIOS & QUALIFICATIONS

GEOVANNI QUIROZ, Project Team Lead
Geovanni was hired in 2020 as the Street Outreach Specialist to establish WOL’s official Street Outreach & Engagement component. Meeting all expectations and benchmarks, he quickly became the Program Specialist taking on the oversight of the SO&E and other programs at CITYLINK. In November 2021, Geovanni became the Grant Manager bringing a wealth of knowledge in program delivery, business administration skill sets and compassion ministries experience. He is the point of contact for the annual Point in Time Homeless Count for the City of Fontana. Geovanni speaks fluent Spanish and has a bachelor’s degree in Religion and his master’s degree in Theology – Youth, Family and Culture.

LOIS LEVITT, Case Manager Specialist
Lois was hired in 2013 as a CITYLINK Case Manager and brings a myriad of expertise and experience in case management and working with the disabled both mentally and physically. She worked for the City of Pittsburgh at Transitional Services, Inc. where she assisted clients with their daily living skills and goal setting. In her role as a Case Manager, she oversees the Rapid Re-Housing component of our Pathway to Housing.

Lois’ responsibilities include understanding of all rules/regulations and application for the Rapid Re-Housing components of grants as well as ensuring compliance with all applicable federal and state laws regarding protection of client privacy and confidentiality regulations. Her most prominent role is serving as case management for guests receiving financial assistance, working with them from initial evaluation/eligibility to end of program services. Lois holds a certificate of completion of the SSI/SSDI outreach, access, and recovery (SOAR) course. She has developed an abundance of collaborative partners to assist our guests with wrap around services and has built relationships with property owners and landlords. She also sits on several committees representing the poor and underserved.

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RUTH HUMPHREY, Case Manager Specialist
Ruth was hired in 2012. In her role as a Case Manager Specialist at CITYLINK, she oversees the HMIS data input, collection, and analysis of the HMIS reports and orders the required quarterly performance reports mandated by HUD from the data collections system. Ruth’s responsibilities include understanding and application of all rules/regulations for all components of the grants. Her concentration is also Rapid Re-Housing and Homeless Prevention, ensuring compliance on the protection of client privacy and confidentiality regulations. She manages their HMIS profile and their CES process. Her most prominent role is serving as case manager for guests receiving financial assistance, collaborating with them from initial intake/assessment/eligibility, developing their Individual Housing Action Plan, to end of program services. She has developed an abundance of collaborative partners to aid our guests with wrap around supportive services. Ruth has her AA in Case Management from San Bernardino Valley College and has a myriad of training and certificates in best practices models pertaining to the service delivery for the homeless. She strongly believes in the African American proverb “Each one, teach one.” Her strong spiritual background helps provide her with the compassion and empathy needed to assist those she serves in her local community.

GRACE MARAÑON, Case Manager Technician
Grace Marañon is a Case Manager Technician for rental and utility assistance at CITYLINK. Grace has served in various ministries and fields for over 10 years, bringing to her position excellent customer service, administrative experience, and case management. She graduated Magna Cum Laude from Cal State University San Marcos with a bachelor’s degree in Criminology and Justice. Grace is fluent in Spanish and English with a passion to serve those in her community, especially Hispanic/Latino immigrants.

BIANCA BUSTOS, S
treet Outreach Specialist
Prior to being hired in 2021, Bianca was a rehabilitation specialist at Crittenton Services for Children and Families and served at-risk youth with mental health disabilities. In her current role, she engages daily with the chronically and literally homeless population. She assesses for vulnerability and assists clients in becoming document-ready to obtain necessary essential services. Together she and the client develop a wraparound service plan which guides them toward a goal of becoming stable. She connects and collaborates with other service providers and agencies to seek adequate housing solutions for each client. Bianca has a bachelor’s degree in Public Relations and a Minor in Multi-Cultural Studies. She has completed several training courses and workshops in best practices models pertaining to service delivery for the homeless. She speaks Spanish and recently became a chaplain with the Fontana Police Department.

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LEILANI HERRERA, Housing Resource Specialist
Leilani came on staff in 2023 after 11 years of leadership in Property Management in both the residential and retail sectors. She was named “Rookie of the Year” in 2013 by Lewis Apartment Communities, “Community Manager of the Year” in 2019 by the Institute of Real Estate Management (IREM), Inland Empire Chapter and “Community Management Professional” in 2020 by IREM, Inland Empire Chapter.

She is currently pursuing a bachelor’s degree in Sociology with an emphasis in Social Work. This experience positions Leilani to serve the unhoused population of Fontana with passion, purpose and enthusiasm by connecting people to adequate housing. Knowing she is called to serve a greater purpose in life, Leilani strives to make a positive impact on others. Equipped with a desire to serve, she is not afraid to stand up for what is right and stand against injustice.

TALIA HERNANDEZ, C
ommunity Assistance Program (CAP) Coordinator
As the CAP Coordinator, Talia assists our case managers with referrals for services that are not directly provided at CITYLINK or through the CAP Program. In 2020 she received her Bachelor of Arts in Molecular and Cell Biology from UC Berkley and brings strong skills of administration, customer service, research, tutoring and mentoring. As a member of the church since 2015 and a graduate from the School of Ministry, she thoroughly enjoys being able to serve the same community that ministered to her since 2014.

VICTOR ARIAS, A
ssociate Pastor, Local Outreach Director
Victor is the Director and Pastor of the Local Outreach department at Water of Life Community Church. He ensures ministries, activities and programs are provided with compassion, dignity, empowerment, and wisdom. He shares his mission with CITYLINK - to link the city to our church. Victor received his bachelor’s degree in Biblical and Pastoral Leadership from Life Pacific University and has been on staff with Water of Life since 2015. He speaks fluent Spanish.

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ZAMAYRA VAZQUEZ, Sr. Administrative Coordinator
Zamayra currently manages administrative support, plans direct ministry program activities and coordinates local outreach events.

Her passion is to break mental health stigma, love the broken hearted and serve the underserved all through the love of Jesus. She earned her bachelor’s degree in psychology from Azusa Pacific University in 2017 and holds certifications in SBIRT (Screening, Brief Intervention, and Referral to Treatment), Mental Health First Aid, Motivational Interviewing, Adverse Childhood Experiences and Community Resiliency Models. Through her work she frequently advocates for the homeless leading them to emergency local services including financial, food, and housing assistance; she interprets behavioral issues and connects guests to appropriate community group resources; she executes the distribution of monthly community outreach programs to low-income populations; and she collaborate with other local mental health agencies and organizations to promote mental health and resilience. She is fluent in written and spoken Spanish and brings great care to our office environment and reception services.

OMAR CERVANTES,
Local Outreach Ministry Leader
Omar supervises the Food Warehouse, Thrift Store, and other ministries at CITYLINK and has worked in ministry since 2019. Omar manages all the donations that come through CITYLINK and facilitates distribution back to the community. He brings warehouse experience, Spanish fluency, and great compassion for people. His passion is to see lives transformed by the tangible demonstration of God’s love.

CARLA MCFARLAND, R eceptionist
Carla comes from the medical field with 38 years of Emergency Medicine experience as an RN through LAC/USC School of Nursing.

Her experience in Level 1 & 2 Trauma Centers and as a Mobile Intensive Care Nurse positions her to offer high levels of quality care to our guests. Her role provides administrative and clerical support for CITYLINK while extending a welcoming and hospitable environment for the unsheltered in the community. She has served in the Local Outreach ministry with the Food Warehouse and Mobile Medical ministries since 2008 and has been on staff since 2021. Her passion is for the many young and elderly people who live on the streets, and she aims to help in any way she can – through a hot meal, a friendly greeting, answering phones or directing them to the best resource. Her prayer is her actions and words are a blessing to others and a reflection of who Jesus is. She looks forward to the new home of CITYLINK and the opportunity to provide more services to the unsheltered, build relationships with neighboring families and better serve the community.

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IVETTE LUNA, Volunteer Coordinator
Ivette has been on staff since 2022 but is no stranger to the church, having served in ministry since 2008. She is an accomplished and energetic trainer with a history of achievement ranging from a fast- paced call center to a busy after-school environment. She is fluent in Spanish and her areas of expertise include training and development, managing a safe environment for students and staff, excellent communication and problem-solving skills and 13 years of outstanding customer service. She has an AA in Science in Administration of Justice, graduated from the School of Ministry at Water of Life Community Church in June 2022 and is currently pursuing a BA in Christian Ministries at Cal Baptist University. In her role, she is responsible for developing and maintaining positive relationships with volunteers. Due to her passion for empowering her community and sharing the love of Jesus with guests, she brings a strong sense of belonging to those at CITYLINK. Ivette especially loves to work with and mentor troubled teenagers.

MIKE ALLEN, F
ood Warehouse Operations
Mike has been on staff since 2016. He is responsible for managing food safety and quality as well as pick-up and delivery of food resources. He provides knowledge of warehouse health and safety procedures and brings a sense of humor and joy to the team.

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16498.00100\41176150.1

14 EXHIBIT B
Reporting and Schedule of Charges/Invoices

Reporting Requirements:

No later than ten (10) days after the end of each Quarter , Consultant will be required to provide the City with the following reports. Consultant will utilize the report templates included in this exhibit.

1. Quarterly Performance Report.

2. Quarterly Match Report

Schedule of Charges/Invoices:

Consultant will invoice City on a monthly cycle. Consultant will utilize the invoice template included in this Exhibit. The payment request shall itemize the Eligible Program Expenses by listing each budget line item category from the Program Budget and including the following information for each category: (a) a description and the amount of each Eligible Program Expense included within that category for which reimbursement is sought; (b) the total amount budgeted in the Program Budget to the budget line item category; and (c) the total amount reimbursed to Participant for the budget line item category to date.

Each invoice with include the following documentation:

1. Transaction detail by account

2. Staff time and activity reports

3. Invoices/ receipts

4. Travel logs – If expense incurred

5. Equipment logs – Updated log provided if expense incurred

6. HMIS roster by program – Include all clients. Indicate clients new to the service provider and, if any, those in receipt of only case management.

7. Where rent and utilities are charged as eligible expenses under HMIS provide up-to- date cost allocation plan for those expenses. Provide up-to-date lease agreement.

Provide monthly utility invoice(s).

Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.

DRAFT
Project Title:

Organization Name:

Reporting Contact Name:

Reporting Contact Phone:

Reporting Contact E‐Mail:

Q1 Q2 Q3 Q4
Q1 Q2 Q3 Q4
Non‐Hispanic
Hispanic
Non‐Hispanic
Hispanic
Non‐Hispanic
Hispanic
Non‐Hispanic
Hispanic
Non‐Hispanic
Hispanic
Non‐Hispanic
Hispanic
Non‐Hispanic
Hispanic
Non‐Hispanic
Hispanic
Non‐Hispanic
Hispanic
Non‐Hispanic
Hispanic
TOTAL: 0000
Q1 Q2 Q3 Q4
0000
Q1 Q2 Q3 Q4
0000TOTAL:

Section 4:  Income Determination Type
Documented
Self Certification
Percent Low/Mod:

TOTAL:

Section 3:  Income of unduplicated beneficiaries
Income Information
Extremely Low (0‐30% AMI)
Low (31‐50% AMI)
Moderate (51‐80% AMI)
Non Low‐Mod (>80% MFI)
American Indian / Alaskan Native
& White
Asain & White
Black / African American & White
American Indian / Alaskan Native
& Black/African American
Other Multi‐Racial
American Indian / Alaskan Native
Native Hawaiian / Other Pacific
Islander
Section 1: Performance Indicators for the City ESG Program Goals
Total:  Client Contacts
Total:  Persons Unduplicated
Female Head of Household Unduplicated
Leverage Funds
Category
Section 2:  Race and Ethnicity of unduplicated beneficiaries White
Black / African American
Asian
Emergency Solutions Grant ‐ Quarterly Performance Report Date Submitted:

Quarter:

Projected Goals:

DRAFT
Q1 Q2 Q3 Q4
0000
Describe your progress on
meeting contracted goals and
expending the ESG funds
awarded.

Describe any additional
accomplishments the program
has achieved.

What are the biggest challenges
you currently face administering
the funded program?
What technical assistance, if any,
could the City offer to improve
the funded program?
TOTAL:

Percent City Residents:

Section 6:  Narrative Questions
Section 5: Residency of all unduplicated beneficiaries for your entire program Residency Information

1. Resident (should match "Total Persons
Unduplicated" in Section 1).

2. Non‐Resident (Lives outside of the City)
DRAFT

CITY OF FONTANA ESG-CV

REIMBURSEMENT REQUEST
FY 2022-2023
IDIS Number:

Organization: Date:

Subrecipient Name
Program Name
Mailing Address Report Number 1
Contact Name:

Reporting Period: From: To: Telephone
Eligible
Activity
Street
Outreach
Emergency
Shelter
Rapid Re-
Housing
Homelessness
Prevention HMIS
Match Source
Other Non-ESG HUD -$
Other Federal -$
State Government -$
Local Government -$
Private -$
Other -$
Fees -$
Program Income -$
Subtotal Cash Match -$ -$ -$ -$ -$ -$ -$
Non Cash Match -$
Total Match -$ -$ -$ -$ -$ -$ -$

TO BE COMPLETED BY CITY STAFF
Water of Life
Certification:

I hereby certify that the cash and non cash match reported to the City of Fontana represent a true and accurate accounting of the period and that this match is consistent with the executed contract with the City and are eligible under the ESG program rules and regulations.

Authorized Officer Signature:_____________________________________ Date:__________________ Subtotal
ESG
DRAFT

CITY OF FONTANA ESG-CV

REIMBURSEMENT REQUEST
FY 2023-2024
HP RRH
IDIS Number: 394 395
Amount Paid :

Date:

OK Per:

Organization:

Subrecipient Name
Grant Name
Mailing Address Request Number 1
PO Number
Contact Name: Geovanni Quiroz
Reporting Period: From: 7/1/2022 To: 7/30/2022 Telephone (909) 803-1059 x 2227 Budget This Request
Prior
Requests Balance
-$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
Certification:

I hereby certify that the expenditures reported for reimbursement by the City of Fontana represent a true and accurate accounting of expenditures incurred during the period and that these costs are consistent with the executed contract with the City and are eligible under the ESG program rules and regulations.

Authorized Officer Signature:_____________________________________ Date:__________________ Total Homeless Prevention

TO BE COMPLETED BY CITY STAFF
Budget
Total Rapid Rehousing
Total Budget, Requests, and Balance
Water of Life
ESG-CV
8440 Nuevo Avenue, Fontana, CA 92335
DRAFT

CITY OF FONTANA ESG-CV

REIMBURSEMENT REQUEST
FY 2023-2024
IDIS Number: 394
Organization: Date:

Subrecipient Name
Program Name
Mailing Address Request Number 1
PO Number
Contact Name: Geovanni Quiroz
Reporting Period: From: 7/1/2022 To: 7/31/2022 Telephone (909) 803-1059 x 2227 Budget This Request
Prior
Requests Balance
-$
-$
-$
-$
-$
-$
10% -$
-$ -$ -$ -$
Budget This Request
Prior
Requests Balance
-$
-$
-$
-$
-$
-$
-$
-$
-$ -$ -$ -$
-$ -$ -$ -$
Indirect Cost Rate
Homeless Prevention
8440 Nuevo Avenue, Fontana, CA 92335
Budget (MTDC Inclusions)

TO BE COMPLETED BY CITY STAFF
Water of Life
Subtotal
Certification:

I hereby certify that the expenditures reported for reimbursement by the City of Fontana represent a true and accurate accounting of expenditures incurred during the period and that these costs are consistent with the executed contract with the City and are eligible under the ESG program rules and regulations.

Authorized Officer Signature:_____________________________________ Date:__________________ Housing Stability Case Management
Housing Search and Placement
Legal Services
Mediation
Credit Repair Counseling
Budget (MTDC Exclusions)
Rental Application Fees
Security Deposity
Last Month's Rent
Utility Deposits
Utility Payments
Moving Costs
Equipment
Subtotal
Total Budget, Request, and Balance
Rent
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CITY OF FONTANA ESG-CV

REIMBURSEMENT REQUEST
FY 2023-2024
IDIS Number: 395
Organization: Date:

Subrecipient Name
Program Name
Mailing Address Request Number 1
PO Number
Contact Name: Geovanni Quiroz
Reporting Period: From: 7/1/2022 To: 7/31/2022 Telephone (909) 803-1059 x 2227 Budget This Request
Prior
Requests Balance
-$
-$
-$
-$
-$
-$
10% -$
-$ -$ -$ -$
Budget This Request
Prior
Requests Balance
-$
-$
-$
-$
-$
-$
-$
-$
-$ -$ -$ -$
-$ -$ -$ -$
Indirect Cost Rate
Rapid Rehousing
8440 Nuevo Avenue, Fontana, CA 92335
Budget (MTDC Inclusions)

TO BE COMPLETED BY CITY STAFF
Water of Life
Subtotal
Certification:

I hereby certify that the expenditures reported for reimbursement by the City of Fontana represent a true and accurate accounting of expenditures incurred during the period and that these costs are consistent with the executed contract with the City and are eligible under the ESG program rules and regulations.

Authorized Officer Signature:_____________________________________ Date:__________________ Housing Stability Case Management
Housing Search and Placement
Mediation
Credit Repair Counseling
Budget (MTDC Exclusions)
Rental Application Fees
Security Deposity
Last Month's Rent
Utility Deposits
Utility Payments
Rent
Moving Costs
Equipment
Subtotal
Total Budget, Request, and Balance
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16498.00100\41176150.1

15 EXHIBIT C

SUMMARY OF LEGAL REQUIREMENTS
In addition to the requirements set forth in other provisions of the Agreement, Consultant shall comply, and shall cause all Consultant Personnel to comply, with the following regulations and requirements insofar as they are applicable to the performance of the Agreement.1

1. Equal Opportunity and Nondiscrimination.
a. The requirements in 24 C.F.R. Part 5, Subpart A are applicable, including the nondiscrimination and equal opportunity requirements at 24 C.F.R. 5.105(a) and the housing counseling requirements at 24 C.F.R. 5.111. Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u, and implementing regulations at 24 CFR part 135 apply, except that homeless individuals have priority over other Section 3 residents in accordance with §576.405(c).
b. Affirmative outreach. Consultant shall make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. If it is unlikely that the procedures that the recipient or subrecipient intends to use to make known the availability of the facilities, assistance, and services will to reach persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for those facilities and services, the recipient or subrecipient must establish additional procedures that ensure that those persons are made aware of the facilities, assistance, and services. The recipient and its subrecipients must take appropriate steps to ensure effective communication with persons with disabilities including, but not limited to, adopting procedures that will make available to interested persons information concerning the location of assistance, services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and Executive Order 13166, recipients and subrecipients are also required to take reasonable steps to ensure meaningful access to programs and activities for limited English proficiency (LEP) persons. c. Title VI of the Civil Rights Act of 1964, as amended, including Public Law 88-352 implemented in 24 C.F.R. Part 1. This law provides in part that no person shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. In regard to the sale or lease of the Site, Consultant shall cause or require a covenant running with the land to be inserted in the deed and leases prohibiting discrimination under this Title, and providing that City and the United States are beneficiaries of and entitled to enforce such covenants. Consultant shall enforce such covenant and shall not itself so discriminate.
d. Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended, including Public Law 90- 234. The Fair Housing Act provides in part that there shall be no discrimination in housing practices on the basis of race, color, religion, sex, and national origin.

The Fair Housing Act was amended in 1988 to provide protections from discrimination in any

1 This exhibit is a list and summary of some of the applicable legal requirements and is not a complete list of all Participant requirements. The description set forth next to a statute or regulation is a summary of certain provisions in the statute or regulation and is in no way intended to be a complete description or summary of the statute or regulation. In the event of any conflict between this summary and the requirements imposed by applicable laws, regulations, and requirements, the applicable laws, regulations, and requirements shall apply.

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16 aspect of the sale or rental of housing for families with children and persons with disabilities. The Fair Housing Act also establishes requirements for the design and construction of new rental or for-sale multi -family housing to ensure a minimum level of accessibility for persons with disabilities.
e. Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, including 42 U.S.C. 5301 et. seq. , 42 U.S.C. 6101 et. seq ., and 29 U.S.C. 794. This law provides in part that no person on the grounds of race, color, national origin, sex, or religion shall be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any activity funded in whole or part with funds under this Title. f. Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including 42 U.S.C. 5301 et. seq. This law provides in part that any grant under Section 106 shall be made only if the grantee certifies to the satisfaction of the Secretary of HUD that the grantee will, among other things, affirmatively further fair housing. g. Executive Order 11246, as amended. This order includes a requirement that grantees and subrecipients and their contractors and subcontractors not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. h. Executive Order 11063, as amended, including 24 C.F.R. Part 107.

This order and its implementing regulations include requirements that all actions necessary be taken to prevent discrimination because of race, color, religion, sex, or national origin in the use, occupancy, sale, leasing, rental, or other disposition of property assisted with Federal loans, advances, grants, or contributions.
i. Section 504 of the Rehabilitation Act of 1973, as amended. This Act specifies in part that no otherwise qualified individual shall solely by reason of his or her disability or handicap be excluded from participation (including employment), denied program benefi ts, or subjected to discrimination under any program or activity receiving Federal assistance. Consultant must ensure that its programs are accessible to and usable by persons with disabilities. j. The Americans with Disabilities Act (ADA) of 1990, as amended. This Act prohibits discrimination on the basis of disability in employment by state and local governments and in places of public accommodation and commercial facilities. The ADA also requires that facilities that are newly constructed or altered, by, on behalf of, or for use of a public entity, be designed and constructed in a manner that makes the facility readily accessible to and usable by persons with disabilities. The Act defines the range of conditions that qualify as disabilities and the reasonable accommodations that must be made to assure equality of opportunity, full participation, independent living, and economic self -sufficiency for persons with disabilities.
k. The Age Discrimination Act of 1975, as amended. This law provides in part that no person shall be excluded from participation in, be denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal assistance.
l. EEO/AA Statement. Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of Consultant, state that it is an Equal Opportunity or Affirmative Action employer.

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17 m. Minority/Women Business Enterprise. Consultant will use its best efforts to afford small businesses and minority and women-owned business enterprises the maximum practicable opportunity to participate in the performance of the Agreement. As used in the Agreement, the term “small business” means a business that meets the criteria set forth in Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women- owned business enterprise” means a business at least fifty -one percent (51%) owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Afro -Americans, Spanish -speaking, Spanish- surnamed or Spanish- heritage Americans, Asian -Americans, and American Indians. Consultant may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.

2. Environmental.
a. ESG activities are subject to environmental review by HUD under 24 C.F.R.

Part 50. The Consultant and City shall supply all available, relevant information necessary for HUD to perform for each property any environmental review required by 24 CFR Part 50. The Consultant shall also carry out mitigating measures required by HUD or select alternate eligible property. HUD may eliminate from consideration any application that would require an Environmental Impact Statement (EIS).
b. Consultant, its subrecipients, or any contractors of the Consultant or subrecipients, may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a project under this part, or commit or expend HUD or local funds for eligible activities under this part, until HUD has performed an environmental review under 24 C.F.R. Part 50 and the recipient has received HUD approval of the property. c. Air and Water. Consultant shall comply with the following regulations insofar as they apply to the performance of the Agreement: Clean Air Act, 42 U.S.C. 7401, et seq.; Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; and the U.S. Environmental Protection City regulations pursuant to 40 C.F.R.

Part 50, as amended.
d. Flood Disaster Protection Act of 1973. Consultant shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. e. Lead-Based Paint. Consu ltant shall comply with the Lead- Based Paint Regulations referenced in 24 C.F.R. § 576.403, including 24 C.F.R. Part 35, et. al. f. Historic Preservation. Consultant shall comply with the historic preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 C.F.R. Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties and related laws and Executive Orders, insofar as they apply to the performance of the Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local historic property list.

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18 g. Limitation on Activities Pending Clearance. In accordance with 24 C.F.R. § 58.22 entitled “Limitations on activities pending clearance, “neither a recipient nor any Consultant in the development process, including public or private nonprofit or for -profit entities, or any of their contractors, may commit HUD assistance under a program listed in 24 C.F.R. § 58.1(b) on an activity or project until HUD or the state has approved the recipient’s Request for Release of Funds (RROF) and the related certifications have been approved. Neither a recipient nor any Consultant in the development process may commit non -HUD funds or undertake an activity or project that would have an adverse environmental impact or limit the choice of reasonable alternatives. Upon completion of environmental review or receipt of environmental clearance, City shall notify Consultant. HUD funds shall not be utilized before this requirement is satisfied. The environmental review or violation of the provisions may result in approval, modification of cancellation of the City Grant. If a project or activity is exempt under 24 C.F.R. §

58.34, or is categorically excluded (except in extraordinary circumstances) under 24 C.F.R. § 58.35(b), no RROF is required and the recipient may undertake the activity immediately after the City has documented its determination that each activity or project is exempt and meets the conditions specified for such exemption under this section by issuing a Notice to Proceed.

3. Uniform Administrative Requirements . The uniform administrative requirements described in 2 C.F.R. Part 200 apply to Consultant; and:
a. Program income may be used as matching contributions, subject to the requirements in §576.201; and
b. The disposition of real property for which ESG funds are used for major rehabilitation, conversion, or other renovation under §576.102 is governed by the minimum period of use requirements under §576.102(c).

4. Program Requirements. Consultant shall carry out each activity under the Agreement in accordance with all applicable federal laws and regulations described in Subpart E of 24 C.F.R. § 576 except for City’s environmental responsibilities under 24 C.F.R. § 576.407(d) and City’s responsibility for initiating the review process under the provisions of 24 C.F.R. Part 5.

5. Reversion of Assets. Upon the expiration of the Funding Period or sooner termination of the Agreement, Consultant shall transfer to City (a) any and all CDBG Funds, (b) any accounts receivable attributable to the use of CDBG Funds. In all cases in which equipment acquired, in whole or in part, with funds under the Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under the Agreement were used to acquire the equipment). Equipment not needed by Consultant for activities under the Agreement shall at the election of City either be (a) transferred to City for the CDBG program, or (b) retained by Consultant after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG Funds used to acquire the equipment.

6. Relocation. City shall not be responsible for relocating any occupants from the Site in connection with the Program or Project. If required, Consultant shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs required to comply with all applicable federal and state laws, rules, and regulations, including the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., as amended, and implementing regulations, and HUD Handbook 1378. Consultant shall indemnify, defend, and hold City harmless from and against any claims, liabilities, damages, or losses made against it by tenants or occupants of the Site, including without limitation claims for relocation assistance, inverse condemnation, and claims otherwise arising from any act or omission of Consultant pursuant to the provision of relocation assistance.

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19 7. Allowable Costs and Audits . Consultant shall comply with and administer the Project and Program in accordance with the requirements of The Office of Management and Budget (OMB) “Super Circular” 2 CFR Part 200, which includes the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for federal awards, as applicable.

8. Records and Reports. Consultant shall provide to City and shall cause each of its contractors, subcontractors and subrecipients to provide to City all records and reports relating to the Project and Program that may be reasonably requested by City in order to enable it to perform its record keeping and reporting obligations pursuant to the CDBG Requirements, including but not limited to those described in the Agreement and 24 C.F.R. § 576.500.

9. Religious Organizations. If Consultant is a religious organization as defined by the ESG Requirements, Consultant shall comply with all conditions prescribed by HUD for the use of ESG Funds by religious organizations, including the First Amendment of the United States Constitution regarding church/state principles and the applicable constitutional prohibitions set forth in 24 C.F.R. § 576.406.

10. Conflict of Interest. Consultant will comply with 24 C.F.R. § 576.404 regarding the avoidance of conflict of interest, which provisions include (but are not limited to) the following:
i. Consultant shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. ii. No e mployee, officer or agent of the Consultant shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. iii. No covered persons who exercise or have exercised any functions or responsibilities with respect to ESG -assisted activities, or who are in a position to participate in a decision- making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the ESG -assisted activity, or with respect to the proceeds from the ESG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Consultant, or any designated public agency.

11. Anti-Lobbying Certification. By its execution of the Agreement, Consultant hereby certifies that:
i. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. ii. 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 DRAFT
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20 any 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, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. iii. It will 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 subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. This certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. 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. At the request of City, Consultant shall execute a separate document that contains the certifications set forth above.

12. Drug-Free Workplace Requirements. Consultant shall comply with and be subject to the requirements of the federal drug -free workplace requirements, which include the following actions be taken:
i. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibition.
ii. Establishing an ongoing drug -free awareness program to inform employees about: (a) the dangers of drug abuse in the work place; (b) the grantee’s policy of maintaining a drug-free workplace; (c) any available drug counseling, rehabilitation, and employee assistance programs; and (d) the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. iii. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (i). iv. Notifying the employee in the statement required by paragraph (i) that, as a condition of employment under the grant, the employee will: (a) abide by the terms of the statement; and (b) notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction.
v. Notifying the agency in writing, within ten (10) calendar days after receiving notice under sub-paragraph (iv)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant.
vi. Taking one of the following actions, within thirty (30) calendar days of receiving notice under subparagraph (iv)(b), with respect to any employee who is so convicted: (a) taking appropriate personnel action against such an employee, up to and DRAFT
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21 including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency. vii. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (i), (ii), (iii), (iv), (v), and (vi).

13. Procurement. Consultant will comply with the procurement standards under 2 C.F.R. §§ 200.317-200.326. Consultant shall comply with all existing and future City policies concerning the purchase of equipment.

14. FY23 Domestic Preferences for Procurements. If the project that is the subject of the Agreement receives more than $250,000 of federal financial assistance, Consultant shall, to the greatest extent practicable under this Agreement, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including iron and steel). If applicable, this requirement shall be included in all subawards including all contracts and purchase orders for work or products paid for in whole or in part with CDBG funds. For the purposes of this requirement, “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

15. Labor Provisions.
a. Section 3 of the Housing and Community Development Act of 1968. If the Agreement provides more than $200,000 of CDBG funds for housing rehabilitation, housing construction, or other public construction, Consultant shall comply with and cause its contractors and subcontractors to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. § 1701u), the HUD regulations issued pursuant thereto at 24 C.F.R, Part 75, and any applicable rules and orders of HUD issued thereunder. 24 C.F.R, Part 75 specifies that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low-income persons. The following benchmarks for the proportion of work hours by Section 3 workers and Targeted Section 3 workers, as defined at 24 C.F.R. Part 75.21:
i. Twenty-five (25) percent or more of the total number of labor hours worked by all workers on a Section 3 project are Section 3 workers; and ii. Five (5) percent or more of the total number of labor hours worked by all workers on a Section 3 project are Targeted Section 3 workers.

It is the r esponsibility of contractors and subcontractors to implement efforts to achieve Section 3 compliance. Any contractor that does not meet the Section 3 benchmarks shall demonstrate in writing why meeting the benchmarks were not feasible. b. Labor Standards. Pursuant to 24 C.F.R. § 576.408, the provisions of the Davis-Bacon Act (40 U.S.C. 276a to 276a-5) do not apply to the ESG program.

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